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VILLAGE CENTRE APARTMENTS, LTD. vs FLORIDA HOUSING FINANCE CORPORATION, 03-004762 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-004762 Visitors: 31
Petitioner: VILLAGE CENTRE APARTMENTS, LTD.
Respondent: FLORIDA HOUSING FINANCE CORPORATION
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Community Affairs
Locations: Tallahassee, Florida
Filed: Dec. 17, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 19, 2005.

Latest Update: Nov. 18, 2024
a ERR RN NE 0°>-Y IGS Division of Administrative Hearings STATE OF FLORIDA FLORIDA HOUSING FINANCE CORPORATION VILLAGE CENTRE APARTMENTS, S Date a ; | | -0 3 LTD., v. FHFC CASE NO.: 2003-040 APPLICATION NO. 2003-099C Petitioner, 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 October 9, 2003. On or before April 8, 2003, Village Centre Apartments, Ltd. (“Petitioner”) submitted its 2003 Universal Cycle Application (“Application”) to Florida Housing Finance Corporation (“Florida Housing”) to compete for an allocation of Low Income Housing Tax Credits (“Housing Credits”). On July 30, 2003, Petitioner timely filed its Petition for Review of 2003 Universal Scoring Summary for Village Centre Apartments, Ltd., pursuant to Sections 120.569 and 120.57(2), Florida Statutes, (the “Petition”) challenging Florida Housing’s scoring on parts of the Application. Florida Housing reviewed the Petition pursuant to Section 120,569(2)(c), Florida Statutes, and determined that the Petition did not raise disputed issues of material fact. An informal hearing was held in this case on September 10, 2003, in Tallahassee, Florida, before Florida Housing’s designated Hearin g Officer, Christopher H. Bentley. Petitioner and Respondent timely filed a Joint Proposed Recommended Order. WITH THE CLERK OF (HE FLopIn HG FINANCE coRPoRaTian TOA LJ i OPA — spate, $0 | 1/0 2 OL After consideration of the evidence, arguments, testimony presented at hearing, and the Joimt Proposed Recommended Order, the Hearing Officer issued a Recommended Order. A true and correct copy of the Recommended Order is attached hereto as “Exhibit A.” The Hearing Officer recommended Florida Housing enter a Final Order finding that Petitioner meets threshold requirements for evidence of site control and, therefore, satisfies all threshold requirements. 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: l. The findings of fact of the Recommended Order are adopted as Florida Housing’s findings of fact and mcorporated 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 meets threshold requirements for evidence of site control and, therefore, satisfies all threshold requirements, IT IS HEREBY ORDERED that Petitioner’s Application shall be scored and ranked as satisfying all threshold requirements. DONE and ORDERED this 9"* day of October, 2003. FLORIDA HOUSING FINANCE CORPORATION By: Chairperson Copies to: Wellington H. Meffert II General Counsel Florida Housing Finance Corporation 337 North Bronough Street, Suite 5000 Tallahassee, FL 32301 Hugh R. Brown Assistant General Counsel Florida Housing Finance Corporation 337 North Bronough Street, Suite 5000 Tallahassee, FL 3230] Kerey Carpenter Deputy Development Officer Florida Housing Finance Corporation 337 North Bronough Street, Suite 5000 Tallahassee, FL 32301 Donna E. Blanton, Esquire Radey, Thomas, Yon & Clark, P.A. 313 N. Monroe Street, Suite 200 Tallahassee, Florida 32301 NOTICE OF RIGHT TO JUDICIAL REVIEW EEE EM PUDICIAL 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: 03-004762
Issue Date Proceedings
Jan. 19, 2005 Order Closing File. CASE CLOSED.
Jan. 05, 2005 Notice of Voluntary Dismissal (filed by Petitioner).
Nov. 19, 2004 Order Continuing Case in Abeyance (parties to advise status by December 8, 2004).
Nov. 15, 2004 (Joint) Status Report and Motion That Case Continue to be Held in Abeyance filed.
Oct. 12, 2004 Order Continuing Case in Abeyance (parties to advise status by November 12, 2004).
Sep. 30, 2004 (Joint) Status Report and Motion that Case Continue to be Held in Abeyance filed.
Aug. 26, 2004 Order Continuing Case in Abeyance (parties to advise status by September 30, 2004).
Aug. 11, 2004 (Joint) Status Report and Motion that Cases Continue to be Held in Abeyance filed.
Jun. 18, 2004 Order Continuing Case in Abeyance (parties to advise status by August 16, 2004).
Jun. 10, 2004 (Joint) Status Report and Motion that Case Continue to be Held in Abeyance filed.
Mar. 12, 2004 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by June 11, 2004).
Mar. 03, 2004 Joint Motion to Hold Case in Abeyance filed.
Jan. 08, 2004 Notice of Hearing (hearing set for March 15 through 17, 2004; 9:30 a.m.; Tallahassee, FL).
Jan. 08, 2004 Order of Pre-hearing Instructions.
Jan. 08, 2004 Order of Consolidation (consolidated cases are: 03-004761, 03-004762).
Jan. 06, 2004 Notice of Taking Deposition Duces Tecum (A. Hewitt) filed.
Dec. 23, 2003 Parties` Joint Motion to Consolidate Cases (Cases requested 03-4762 and 03-4761) filed by D. Blanton.
Dec. 23, 2003 Combined Response to Initial Orders (filed by W. Meffert, II via facsimile).
Dec. 18, 2003 Initial Order.
Dec. 17, 2003 Joint Proposed Recommended Order filed.
Dec. 17, 2003 Order filed.
Dec. 17, 2003 Final Order filed.
Dec. 17, 2003 Notice of Post-appeal Scores, Final Ranking and Notice of Rights filed.
Dec. 17, 2003 Village Centre Apartments, Ltd.`s Petition for Review of 2003 Final Scores and Ranking filed.
Dec. 17, 2003 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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