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: Dec. 24, 2024
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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
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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.
|