Petitioner: DURHAM PLACE, LTD; AND DURHAM PLACE DEVELOPER, LLC
Respondent: FLORIDA HOUSING FINANCE CORPORATION
Judges: J. BRUCE CULPEPPER
Agency: Florida Housing Finance Corporation
Locations: Tallahassee, Florida
Filed: Mar. 15, 2019
Status: Closed
Recommended Order on Friday, June 7, 2019.
Latest Update: Jun. 24, 2019
Summary: The issue in this bid protest matter is whether Respondent, Florida Housing Finance Corporation’s, intended award of funding under Request for Applications 2018-112 was contrary to its governing statutes, rules, or the solicitation specifications.Neither Pet'r.(s) proved that Florida Housing's intended award is contrary to its governing statutes, rules, or the solicitation specifications; further, the existence of a temporary injunction does not inhibit Florida Housing from awarding tax credits.
19001397_282_12162019_13361182_e
STATE OF FLORIDA
FLORIDA HOUSING FINANCE CORPORATION
AMELIA COURT AT CREATIVE VILLAGE - PHASE II PARTNERS, LTD.
Appellants, FHFC CASE NO. 2019-019BP
v.
FLORIDA HOUSING FINANCE CORPORATION, DURHAM PLACE,
LTD., DURHAM PLACE DEVELOPER, LLC, HAWTHORNE PARK, LTD., and HAWTHORNE PARK DEVELOPER, LLC,
Appellees.
I
FINAL ORDER
This cause came before the Board ofDirectors of the Florida Housing Finance Corporation (the "Board") for consideration and final agency action on December 13, 2019. On November 19, 2019, Amelia Court at Creative Village - Phase II Partners, Ltd ("Amelia Court") and Florida Housing Finance Corporation executed a Settlement Agreement, attached as Exhibit A. Based on the Settlement Agreement, Amelia Court is eligible and selected for funding in RFA 2018-112.
The Settlement Agreement is adopted and incorporated by reference as though fully set forth in this Order.
FILED WITH THE CLERK or THE FLORIDA . ·-
1 HOUSING FINANCE CORPORATION ·· ;
'O'ilS'm<fdliLm ATlli },:,,,I q'
Filed December 16, 2019 1:36 PM Division of Administrative Hearings
IT IS HEREBY ORDERED that Amelia Court is eligible and selected for funding in RFA 2018-112, subject to credit underwriting .
DONE AND ORDERED this 13th day of December, 2019.
-
FLORIDA HOUSING FINANCE CORPORATION
• •• ..f.l.o.r..id
ORP
Copies to:
Hugh R. Brown, General Counsel Hugh.Brown@floridahousing.org
Chris McGuire, Assistant General Counsel Chris.Mcguire @fior id ahous ing.org
Marisa Button, Director of Multifamily Programs Marisa.Button@fioridahousing.org
M. Christopher Bryant
cbryant@oh fc.com
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY 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: 19-001396BID
| Issue Date |
Proceedings |
|
Dec. 16, 2019 |
Settlement Agreement filed.
|
|
Dec. 16, 2019 |
Agency Final Order filed.
|
|
Jun. 24, 2019 |
Respondent Florida Housing's Response to Petitioner Amelia Court's Exceptions to Recommended Order filed.
|
|
Jun. 24, 2019 |
Hawthorne Park, Ltd., and Hawthorne Park Developer, LLC's and Durham Place, Ltd. , and Durham Place Developer, LLC's Response to Exceptions filed.
|
|
Jun. 24, 2019 |
Petitioner, Amelia Court's Exceptions to Recommended Order filed.
|
|
Jun. 24, 2019 |
Stipulation for Dismissal filed.
|
|
Jun. 24, 2019 |
Agency Final Order filed.
|
|
Jun. 24, 2019 |
Agency Final Order filed.
|
|
Jun. 11, 2019 |
Transmittal letter from Claudia Llado forwarding the Temportry Injunction Cases cited in Hawthorne Park;s Final Hearing Memorandum to Intervenor.
|
|
Jun. 11, 2019 |
Transmittal letter from Claudia Llado forwarding a duplicate copy of Hawthorne Park's Final Hearing Memorandum to Intervenor.
|
|
Jun. 07, 2019 |
Recommended Order (hearing held April 15, 2019). CASE CLOSED.
|
|
Jun. 07, 2019 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
|
May 10, 2019 |
Respondent Florida Housing's Proposed Recommended Order (filed in Case No. 19-001397BID).
|
|
May 10, 2019 |
Proposed Recommended Order of Petitioner, Amelia Court at Creative Village - Phase II Partners, Ltd. filed.
|
|
May 09, 2019 |
Durham Place, Ltd. and Durham Place Developer, LLC?s Proposed Recommended Order filed.
|
|
May 09, 2019 |
Hawthorne Park, Ltd. and Hawthorne Park Developer, LLC?s Proposed Recommended Order filed.
|
|
Apr. 30, 2019 |
Notice of Filing Transcript.
|
|
Apr. 30, 2019 |
Transcript of Proceedings (not available for viewing) filed. |
|
Apr. 24, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.'s Response in Opposition to Durham Place, Ltd., Durham Place Developer, LLC, Hawthorne Park, Ltd. and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 11 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 10 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 9 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 8 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 7 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 6 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 5 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 4 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 3 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 2 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Part 1 to Durham Place, Ltd., Durham Place Developer, LLC, Hawrhorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 17, 2019 |
Durham Place, Ltd., Durham Place Developer, LLC, Hawthorne Park, Ltd., and Hawthorne Park Developer, LLC's Second Request for Official Recognition filed.
|
|
Apr. 15, 2019 |
CASE STATUS: Hearing Held. |
|
Apr. 15, 2019 |
Renewed Motion to Dismiss filed.
|
|
Apr. 15, 2019 |
Durham Place, Ltd. Durham Place Developer, LLC, Hawthorne Park, Ltd., and Hawthorne Park Developer, LLC's Unopposed Request for Official Recognition filed.
|
|
Apr. 15, 2019 |
Hawthorne Park's Final Hearing Memorandum filed.
|
|
Apr. 12, 2019 |
Respondent Florida Housing's Motion in Limine (filed in Case No. 19-001397BID).
|
|
Apr. 12, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.?s Unopposed Request for Official Recognition filed.
|
|
Apr. 12, 2019 |
Joint Pre-hearing Stipulation filed.
|
|
Apr. 11, 2019 |
Notice of Filing Amended Order Denying Plaintiff's Emergency Motion for Temporary Injunction filed.
|
|
Apr. 11, 2019 |
Order Denying Hawthorne Park's Motion to Dismiss.
|
|
Apr. 11, 2019 |
Order Denying Amelia Court's Motion to Dismiss Durham Place's Second Amended Petition.
|
|
Apr. 10, 2019 |
CASE STATUS: Motion Hearing Held. |
|
Apr. 09, 2019 |
Response to Hawthorne Park, Ltd.'s Motion to Dismiss filed.
|
|
Apr. 09, 2019 |
Notice of Taking Deposition filed.
|
|
Apr. 08, 2019 |
Notice of Appearance (Douglas P. Manson) filed.
|
|
Apr. 08, 2019 |
Motion to Dismiss Durham Place's Second Amended Petition filed.
|
|
Apr. 08, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.?s Motion to Dismiss Durham Place?s Second Amended Petition filed.
|
|
Apr. 05, 2019 |
Notice of Telephonic Motion Hearing (motion hearing set for April 10, 2019; 2:00 p.m.).
|
|
Apr. 04, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.'s Response to Hawthorne Park, Ltd.'s Motion to Dismiss filed.
|
|
Apr. 03, 2019 |
Second Amended Formal Written Protest of Award and Petition for Administrative Hearing filed.
|
|
Apr. 02, 2019 |
Hawthorne Park, LTD?s and Hawthorne Park Developer, LLC?s Notice of Serving Responses to Amelia Court at Creative Village - Phase II Partners, LTD.?s First Request for Admissions filed.
|
|
Apr. 02, 2019 |
Hawthorne Park, LTD?s and Hawthorne Park Developer, LLC?s Notice of Serving Unverified Responses to Amelia Court at Creative Village - Phase II Partners, LTD.?s Second Set of Interrogatories filed.
|
|
Apr. 02, 2019 |
Durham Place, LTD?s and Durham Place Developer, LLC?s Notice of Serving Responses to Amelia Court at Creative Village - Phase II Partners, LTD?s First Request for Admissions filed.
|
|
Apr. 02, 2019 |
Durham Place, LTD?s and Durham Place Developer, LLC?s Notice of Serving Unverified Responses to Amelia Court at Creative Village - Phase II Partners, LTD?s Second Set of Interrogatories filed.
|
|
Apr. 01, 2019 |
Hawthorne Park, LLC?s and Hawthorne Park Developer, Inc.?s Notice of Serving Unverified Responses to Amelia Court at Creative Village - Phase II Partners, LTD?s First Interrogatories filed.
|
|
Apr. 01, 2019 |
Durham Place, LLC?s and Durham Place Developer, Inc.?s Notice of Serving Unverified Responses to Amelia Court at Creative Village - Phase II Partners, LTD.?s First Interrogatories filed.
|
|
Mar. 29, 2019 |
Motion to Dismiss filed.
|
|
Mar. 29, 2019 |
Order Granting Motion to Dismiss Petition, with Leave to Amend
|
|
Mar. 28, 2019 |
Durham Place, LLC's and Durham Place Developer, Inc.'s Response in Opposition to Motion to Dismiss filed.
|
|
Mar. 28, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.'s Notice of Service of Second Set of Interrogatories to Durham Place, Ltd. filed.
|
|
Mar. 28, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.'s Notice of Service of Second Set of Interrogatories to Intervenor Hawthorne Park, Ltd. filed.
|
|
Mar. 28, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.'s First Requests for Admission to Intervenor Durham Place, Ltd. filed.
|
|
Mar. 28, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.'s First Requests for Admission to Intervenor Hawthorne Park, Ltd. filed.
|
|
Mar. 27, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.?s Responses to Petitioners Durham Place, LLC's and Durham Place Developer, Inc.'s First Requests for Admissions filed.
|
|
Mar. 27, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd. Responses to Petitioners Durham Place, LLC's and Durham Place Developer, Inc.'s First Requests for Production filed.
|
|
Mar. 27, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.?s Notice of Serving Unsigned Answers to Petitioners Durham Place, LTD.'s and Durham Place Developer, LLC's First Set of Interrogatories filed.
|
|
Mar. 27, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.?s Notice of Service of First Set of Interrogatories to Durham Place, Ltd. filed.
|
|
Mar. 27, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.?s Notice of Service of First Set of Interrogatories to Intervenor Hawthorne Park, Ltd. filed.
|
|
Mar. 27, 2019 |
Order Granting Motion to Intervene.
|
|
Mar. 26, 2019 |
Notice of Telephonic Motion Hearing (motion hearing set for March 29, 2019; 10:00 a.m.).
|
|
Mar. 25, 2019 |
Durham Place, LLC's and Durham Place Developer, Inc.'s Motion to Intervene filed.
|
|
Mar. 25, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.'s Renewed Motion to Dismiss filed.
|
|
Mar. 22, 2019 |
Petitioners Durham Place, LLC's and Durham Place Developer, Inc.'s First Requests for Admission to Amelia Court at Creative Village - Phase II Partners, Ltd filed.
|
|
Mar. 22, 2019 |
Petitioners Durham Place, LLC's and Durham Place Developer, Inc.'s First Requests for Production to Amelia Court at Creative Village - Phase II Partners, Ltd filed.
|
|
Mar. 22, 2019 |
Notice of Service of Petitioner's Durham Place, LLC's and Durham Place Developer, Inc.'s First Interrogatories to Amelia Court at Creative Village - Phase II Partners, Ltd filed.
|
|
Mar. 20, 2019 |
Order of Pre-hearing Instructions.
|
|
Mar. 20, 2019 |
Notice of Hearing (hearing set for April 15, 2019; 2:00 p.m.; Tallahassee, FL).
|
|
Mar. 20, 2019 |
Order Granting Motion to Consolidate, in Part (DOAH Case Nos. 19-1396BID and 19-1397BID).
|
|
Mar. 15, 2019 |
Motion to Consolidate Cases filed.
|
|
Mar. 15, 2019 |
Notice of Appearance (Chris McGuire).
|
|
Mar. 15, 2019 |
Amended Formal Written Protest of Award and Petition for Administrative Hearing filed.
|
|
Mar. 15, 2019 |
Amelia Court at Creative Village - Phase II Partners, Ltd.'s Notice of Appearance and Motion to Dismiss filed.
|
|
Mar. 15, 2019 |
Notice to All Bidders on RFA 2018-112 filed.
|
|
Mar. 15, 2019 |
Notice of Protest filed.
|
|
Mar. 15, 2019 |
Formal Written Protest of Award and Petition for Administrative Hearing filed.
|
|
Mar. 15, 2019 |
Agency referral filed.
|
Orders for Case No: 19-001396BID
| Issue Date |
Document |
Summary |
|
Dec. 16, 2019 |
Agency Final Order
|
|
|
Jun. 21, 2019 |
Agency Final Order
|
|
|
Jun. 21, 2019 |
Agency Final Order
|
|
|
Jun. 07, 2019 |
Recommended Order
|
Neither Pet'r.(s) proved that Florida Housing's intended award is contrary to its governing statutes, rules, or the solicitation specifications; further, the existence of a temporary injunction does not inhibit Florida Housing from awarding tax credits.
|
