I'

STATE OF FLORIDA

FLORIDA HOUSING FINANCE CORPORATION

URBAN EDGE FAMILY, LTD.,

Petitioner,

V.

DOAH CASE NO.: 12-1615 FHFC NO.: 2012-021C

FHFC Application No.: 201 l-236C

FLORIDA HOUSING FINANCE CORPORATION,

Respondent.

                                                                        I

URBAN EDGE APARTMENTS, LTD.,

Petitioner,

V.

DOAH CASE NO.: 12-1616 FHFC NO.: 2012-020C

FHFC Application No.: 201 l-235C

FLORIDA HOUSING FINANCE CORPORATION,

Respondent.

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FINAL ORDER

This cause came before the Board of Directors of the Florida Housing Finance Corporation for consideration and final agency action on July 20, 2012. The matter for consideration before this Board is a recommended order pursuant to Section 120.57(1), Florida Statutes and Rule 67-48.005(2), Florida Administrative

Code.

FILED WITH THE CLERK OF fHE FLORIDA HOUSING FINANCE CORPORATION

   tWJ)d /DATE;'J/ zqIi-i,

Urban Edge Family, Ltd. and Urban Edge Apartments, Ltd., ("Petitioners") timely submitted their 2011 Universal Cycle Program Applications (the "Applications") to Florida Housing Finance Corporation ("Florida Housing") to compete for funding from the 2011 Universal Cycle Program.

Petitioners timely filed Petitions for Formal Administrative Proceedings ("Petitions"), pursuant to Sections 120.569 and 120.57, Florida Statutes, challenging Florida Housing's scoring of Petitioners' Applications. These matters were referred to the Division of Administrative Hearings and assigned Case Nos. 12-1615 and 12-1616, respectively, and subsequently consolidated into a single proceeding. A final hearing in this matter was held before the Honorable R. Bruce McKibben, Administrative Law Judge (ALJ) on June 21, 2012, in Tallahassee, Florida. Petitioner and Respondent timely filed Proposed Recommended Orders.

Both Petitioners had submitted the emergency room of All Children's Hospital (ACH) as a Medical Facility in order to gain proximity tie-breaker points in the 2011 Universal Cycle. Florida Housing rejected these submissions and awarded no points to either Application for proximity to the ACH emergency room, on the grounds that an emergency room in a specialty pediatric hospital could not provide "general medical treatment or general surgical services to any sick or injured person."

After consideration of the arguments, evidence and testimony presented at hearing, and the Proposed Recommended Orders, the ALJ issued a Recommended Order. A true and correct copy of the Recommended Order is attached hereto as "Exhibit A."

The ALJ found that the emergency room of All Children's Hospital met Florida Housing's definition of a Medical Facility, in that Florida Housing's definition did not distinguish between a hospital and its associated emergency room, and that state and federal law required the emergency room to provide treatment within its capabilities to anyone presenting to it, regardless of age. The ALJ further opined that state and federal law require that all emergency rooms make all of its services available to anyone presenting for treatment.

Accordingly, the ALJ recommended that that a final order be entered by Florida Housing Finance finding that the Petitioners applications each satisfy the requirements for 4.0 Proximity Tie-Breaker Points regarding proximity to a Medical Facility.

RULING ON THE RECOMMENDED ORDER

The Findings of Fact and Conclusions of Law of the Recommended Order are supported by competent substantial evidence.

ORDER

In accordance with the foregoing, it is hereby ordered:

1. 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.

Based on the Findings of Fact and Conclusions of Law stated above, IT IS

HEREBY ORDERED that Petitioners' applications shall each be awarded 4.0 proximity tie-breaker points for proximity to a Medical Facility.

DONE and ORDERED this JLcJ day of July, 2012.

FLORIDA HOUSING FINANCE CORPORATION

By: ,C,                (    

Copies to:

Wellington H. Meffert II General Counsel

Florida Housing Finance Corporation 337 North Bronough Street, Suite 5000

Tallahassee, FL 32301

Kevin Tatreau

Director of Multifamily Development Programs Florida Housing Finance Corporation

337 North Bronough Street, Suite 5000

Tallahassee, FL 32301

M. Christopher Bryant, Esquire

Oertel, Fernandez, Bryant and Atkinson, P.A.

P.O. Box 1110

Tallahassee, Florida 32302-1110

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, 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: 12-001616

Orders for Case No: 12-001616