2-27-04 oO STATE OF FLORIDA “, DIVISION OF ADMINISTRATIVE HEARINGS ~~ PROVINCETOWN VILLAGE PARTNERS, LTD. DOAH CASE NO. 0 115 FHFC CASE NO. 20 047 AT Petitioner, Vv. FLORIDA HOUSING FINANCE CORPORATION, Respondent. RIVERSIDE VILLAGE PARTNERS. LTD., Petitioner, DOAH CASE NO. 03-3113 CSH d FHFC CASE NO. 2003-046 Cio Vv. FLORIDA HOUSING FINANCE CORPORATION, Respondent. ) ) ) ) ) ) ) ) ) ) __) ) ) ) ) ) ) ) ) ) ) ) FINAL ORDER THIS CAUSE came before the Board of Directors of the Florida Housing Finance Corporation (“Board”) for consideration and final agency action on April 2, 2004. On August 12, 2003, Petitioners Provincetown Village Partners, Ltd. ("Provincetown") and Riverside Village Partners, Ltd. ("Riverside) filed Petitions for Formal Administrative Hearing with the Respondent, Florida Housing Finance Corporation ("Florida Housing"), challenging the scoring and rejection of their funding applications in the 2003 Universal Cycle. After reviewing these Petitions, Florida Housing forwarded them to the Divisions of Administrative Hearings, where they where assigned case numbers 03-3115 (Provincetown) and 03-3113 (Riverside). A final hearing in the Riverside matter was originally scheduled on October 28, 2003, in Tallahassee, FILED WITH THE CLERK OF FHE FLORIDA HOUSING F INANCE CORPORATION Gi mae a Y Florida. A final hearing in the Provincetown maiter was originally scheduled for October 29, 2003, also in Tallahassee. The parties subsequenily filed Joint Motion to Consolidate Cases in each of these proceedings, and these Motions were granted by the Honorable Administrative Law Judge, Daniel Manry, on September 22, 2003. Respondent subsequently filed an unopposed Motion to Continue Formal Hearing on October 13, 2003, which was granted on October 21, 2003. The consolidated formal hearing for both the Provincetown and Riverside cases was then rescheduled for November 6, 2003, in Tallahassee, Florida, and was held before the Honorable Administrative Law Judge, Carolyn S. Holifield. Subsequent to the hearing, both parties filed Proposed Recommended Orders After consideration of the evidence, arguments, testimony presented at hearing, and the Proposed Recommended Orders, the Administrative Law Judge issued her Recommended Order. A true and correct copy of the Recommended Order is attached hereto as “Exhibit A.” The Administrative Law Judge recommended Florida Housing enter a Final Order that upholds the scoring of Petitioners’ applications, that rejects the Petitioner's applications, and that denies the relief requested in the Petitions. RULING ON THE RECOMMENDED ORDER The findings and conclusions of the Recommended Order are supported by competent substantial evidence. ORDER In accordance with the foregoing, it is hereby ORDERED: i. 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. 2. The conclusions of law of the Recommended Order are adopted as Florida Housing’s conclusions of law and incorporated by reference as though fully set forth in this Order. 3. Accordingly, it is found and ordered that Florida Housing's scoring and rejection of Petitioners’ 2003 Universal Cycle applications, Nos. 2003-071BS (Provincetown) and 2003- 159BS (Riverside) is upheld. DONE and ORDERED this 2nd day of April, 2004. Copies to: Wellington H. Meffert Il General Counsel Florida Housing Finance Corporation 337 North Bronough Street, Suite 5000 Tallahassee, FL 32301 Steve Auger Deputy Development Officer Florida Housing Finance Corporation 337 North Bronough Street, Suite 5000 Tallahassee, FL 32301 M. Christopher Bryant, Esquire Oertel, Fernandez, Cole & Bryant, P.A. 301 South Bronough Street, 5th Floor Tallahassee, Florida 32301 FLORIDA HOUSING FINANCE CORPORATION / . ra . wf ae Lory, . ; By: a Chairperson 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 BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, 300 MARTIN LUTHER KING, JR., BLVD., TALLAHASSEE, FLORIDA 32399-1850, 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: 03-003113

Orders for Case No: 03-003113