STATE OF FLORIDA

FLORIDA HOUSING FINANCE CORPORATION

HTG OSPREY POINTE, LLC,

Petitioner, DOAH Case No. 18-0479BID FHFC Case No. 2017-090BP

v.

FLORIDA HOUSING FINANCE CORPORATION,

Respondent,

and

SP LAKE, LLC,

Intervenor.

- - - - - - - - - - - - - - I

NORTHSIDE PROPERTY II, LTD,

Petitioner, DOAH Case No. 18-0484BID FHFC Case No. 2017-099BP

v.

FLORIDA HOUSING FINANCE CORPORATION,

Respondent,

and

SIERRA BAY APART1\1ENTS, LTD,

Intervenor.

- - - - - - - - - - - - - - I

LIBERTY SQUARE PHASE TWO, LLC,

Petitioner, DOAH Case No. 18-0485BID FHFC Case No. 2017-l00BP

V.

FLORIDA HOUSING FINANCE CORPORATION,

Respondent,

and

WOODLAND GROVE APART1\1ENTS, LLC,

Intervenor.

F l ED WITH THE CLERK or THE FLORIDA

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

     ,H....0..,USING FINANCE CORPORATION ·

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Filed January 10, 2019 10:58 AM Division of Administrative Hearings

FINAL ORDER

This cause came before the Board of Directors of the Florida Housing Finance Corporation ("Board") for consideration and final agency action on May 4, 2018. All Petitioners in these consolidated cases were Applicants under Request for Applications 2017-108 SAIL Financing of Affordable Multifamily Housing Developments To Be Used In Conjunction With Tax-Exempt Bond Financing And Non-Competitive Housing Credits (the "RFA"). The matter for consideration before this Board is a Recommended Order pursuant to §§120.57(1) and (3)(e), Fla. Stat., and Rule 67-60.009(3)(b), Fla. Admin. Code.

On August 31, 2017, Respondent Florida Housing Finance Corporation

("Florida Housing" or "Respondent") issued the RFA which solicited applications to compete for an allocation of State Apartment Incentive Loan ("SAIL") program funds, Multifamily Mortgage Revenue Bonds, and non-competitive housing credit financing for the construction of affordable housing developments. On December 8, 2017, Florida Housing posted notice of its intended decision to award funding to

16 Applicants including Intervenors SP Lake, LLC ("SP Lake"), Sierra Bay Apartments, LTD ("Sierra Bay"), and Woodland Grove Apartments, LLC ("Woodland Grove"). Petitioners HTG Osprey Pointe, LLC ("Osprey Pointe"), Northside Property II, LTD ("Northside II") and Liberty Square Phase Two, LLC ("Liberty Square") were determined to be eligible but were not selected for funding.

Petitioners timely filed notices of intent to protest followed by formal written protests pursuant to §120.57(3), Fla. Stat. (2016). After a review of the Petitions, Florida Housing determined that disputed issues of material fact existed, and referred the case to the Division of Administrative Hearings ("DOAH"). A formal hearing took place on February 28, 2018 in Tallahassee, Florida, before the Honorable Administrative Law Judge J. Bruce Culpepper ("ALJ"). Petitioners, Respondent, and Intervenors timely filed Proposed Recommended Orders.

After consideration of the evidence and arguments presented at hearing, and the Proposed Recommended Orders, the ALJ issued a Recommended Order on April 19, 2018. A true and correct copy of the Recommended Order is attached hereto as "Exhibit A." The ALJ therein recommended that Florida Housing issue a Final Order dismissing the protest by Liberty Square. Additionally, it recommended rescinding the preliminary awards to Sierra Bay and SP Lake, and designating Northside II, HTG Osprey, and Pembroke Tower Apartments as recipients of funding under RFA 2017-108. No Exceptions to the Recommended Order were filed.

RULING ON THE RECOMMENDED ORDER

1. The Findings of Fact set out in the Recommended Order are supported by competent substantial evidence.

2. The Conclusions of Law of the Recommended Order are reasonable and supported by competent, substantial evidence.

   ORDER

   
   

   In accordance with the foregoing, it is hereby ORDERED:

   
   

3. The Findings of Fact of the Recommended Order are adopted as Florida Housing's Findings of Fact and incorporated by reference as though fully set forth in this Order.

4. The Conclusions of Law in the Recommended Order are adopted as Florida Housing's Conclusions ofLaw and incorporated by reference as though fully set forth in this Order.

5. The Recommendation of the Recommended Order is adopted.

IT IS HEREBY ORDERED that a) the preliminary awards to Sierra Bay (Application 2018-023BS), SP Lake (Application 2018-042BS), and Harbour Springs (Application #2018-048BS) are rescinded; and b) Northside II (Application 2018-047BS), Osprey Pointe (Application 2018-050BS), and Pembroke Tower Apartments (Application #2018-040BS) are awarded funding.

DONE and ORDERED this 4th day of May, 2018.

Copies furnished to:

FLORIDA HOUSING FINANCE CORPORATION

By : C .

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0RP

Hugh R. Brown General Counsel Betty Zachem

Assistant General Counsel

Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000

Tallahassee, Florida 32301-1329

Maureen M. Daughton, Esq.

Counsel for HTG Osprey Pointe, LLC Maureen McCarthy Daughton, LLC 172 Capital Circle NE, Suite 304

Tallahassee, Florida 32308 mdaughton@mmd-lawfirm.com

Donna Blanton, Esq.

Counsel for Northside Property JI, Ltd.

Radey Law Firm

301 South Bronough, Suite 200

Tallahassee, Florida 32301 dblanton@radeylaw.com

Michael P. Donaldson, Esq.

Counsel for Liberty Square Phase Two, LLC

Carlton, Fields Jorden Burt, P.A. Post Office Drawer 190

215 S. Monroe St., Suite 500

Tallahassee, Florida 32302 mdonaldson @carltonfields.com

Alvin Lodish, Esq.

Counsel for Liberty Square Phase Two, LLC

Duane Morris LLP

200 South Biscayne Boulevard Miami, Florida 33131 alodish@duanemorris. co m

Michael J. Glazer, Esq. Anthony L. Bajoczky, Jr., Esq.

Counsel for Sierra Bay Apartments, Ltd.

Ausley McMullen Post Office Box 391

Tallahassee, Florida 32301 mglazer@ausley.com

tba joczky@ausley .com Thomas P. Crapps, Esq.

Kirsten Matthis, Esq.

Timothy G. Schoenwalder, Esq.

Counsel for Woodland Grove Apartments, LLC and Harbour Springs, LLC

Meenan P.A.

300 S. Duval Street, Suite 410

Tallahassee, Florida 32301 tom@meen anlawfirrn.com TTS@meenanlawfi1m.com Kirs ten@meenanlawfinn.com

Lawrence E. Sellers, Jr., Esq. Tiffany A. Roddenberry, Esq. Counsel for SP Lake, LLC Holland & Knight LLP

315 S. Calhoun St., Suite 600

Tallahassee, Florida 32301 Lany .sellers@hklaw.com

Tiffany.roddenberry@hklaw.com

NOTICE OF RIGHT TO JUDICIAL REVIEW

AP ARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE FLORIDA HOUSING FINANCE CORPORATION, 227 NORTH BRONOUGH STREET, SUITE 5000, TALLAHASSEE, FLORIDA 32301-1329, AND A SECOND COPY, ACCOMPANIED BY THE FILING FEES PRESCRIBED BYLAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, 2000 DRAYTON DRIVE, TALLAHASSEE, FLORIDA 32399-0950, OR IN THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Docket for Case No: 18-000485BID

Orders for Case No: 18-000485BID