STATE OF FLORIDA

FLORIDA HOUSING FINANCE CORPORATION

ARBOURS AT AMBASSADOR PLACE, LLC

Petitioner,

FLORIDA HOUSING FINANCE CORPORATION,

Respondent,

And

PEYTON RIDGE COMMUNITY, LTD.; LINGO COVE PARTNERS, LTD.; AND URBAN EDGE PARTNERS II, LTD.,

FHFC Case No. 2014-041BP DOAH Case No. 14-0242BID

Intervenors.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ !

FINAL ORDER

This cause came before the Board of Directors of the Florida Housing Finance Corporation ("Board") for consideration and final agency action on March 13, 2014. The matter for consideration before this Board is an Order Closing File and Relinquishing Jurisdiction pursuant to Section 120.57(1) and (3), Fla. Stat. (2013).

After a review of the record and otherwise being fully advised in these proceedings, this Board finds:

Arbours at Ambassador Place, LLC (the "Petitioner") timely submitted an Application in response to Request for Applications (RFA) 2013-02 for housing

FILED WITH THE CLERK OF THE FLORIDA . : ., ·

()3/11:P4

1 HOUSING FINANCE CORPORATION . ·:, ··: · .

O=r::::=· /DATE,

developments located in Duval, Hillsborough, Orange and Pinellas Counties (the "RFA") seeking allocations of low income housing tax credits to help fund its proposed development.

On December 13, 2013, the Board accepted the recommendations of a staff review committee assigned to evaluate the RFA Applications, and notified Petitioner and other interested parties of the Board's intended decision to tentatively award an allocations of low-income tax housing tax credits ("Housing Credits"). Petitioner's Application was deemed ineligible by the Board due to a shortfall in financing, based on the disqualification of $2,238,634 in historic tax credits as a financing source. Staff then provided all responders with a Notice of Rights pursuant to Sections 120.569, Fla. Stat. (2013).

Petitioners timely filed a Petition challenging Florida Housing's scoring of their Application. Interested parties Peyton Ridge Community Ltd. ("Peyton Ridge"), Lingo Cove Partners, Ltd, and Urban Edge Partners II, Ltd. intervened in the case as interested parties. After reviewing the Petition, Florida Housing determined that the allegations included disputed issues of material fact, and forwarded the Petition to the Division of Administrative Hearings for a formal hearing pursuant to Section 120.57(3), Fla. Stat. (2013). A formal hearing was scheduled for Febrnary 12, 2014 in Tallahassee, Florida.

Prior to the final hearing, Intervenor Peyton Ridge filed a Motion to Dismiss, in which Florida Housing joined, alleging that Petitioner had failed to provide a proper notice of their protest pursuant to section 120.57(3)(b), F.S. (notice was provided in the name of Developer instead of Applicant entity).

On February 10, 2014 the Administrative Law Judge granted this Motion to Dismiss and issued an Order Closing File and Relinquishing Jurisdiction ("Recommended Order"), recommending that Florida Housing enter a Final Order dismissing the Petition. A copy of this Order is attached hereto as Exhibit A.

No exceptions to this Order have been filed by any party.

RULING ON THE RECOMMENDED ORDER

The Board finds that the conclusions of law of the Recommended Order are reasonable and appropriate under the circumstances, and that Petitioner has waived its right to protest the scoring of its Application, pursuant to Section 120.57(3)(b), Florida Statutes.

ORDER

In accordance with the foregoing, it is hereby found and ordered:

1. 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.

2. The Recommendation of the Recommended Order is adopted.

Accordingly, it is found and ORDERED that this matter is dismissed for failing to provide proper notice pursuant to Section 120.57(3)(b), Florida Statutes, and the relief requested in the Petition is DENIED.

DONE and ORDERED this 14th day of March, 2014.

Copies to:

Wellington H. Meffert II General Counsel

Florida Housing Finance Corporation 337 N01th Bronough Street, Suite 5000

Tallahassee, FL 32301

Ken Reecy

Director of Multifamily Programs Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000

Tallahassee, Florida 32301

FLORIDA HOUSING FINANCE CORPORATION

By: -   -+---- - 'JJtH;-/,--   -   -   -   -  

cjt,fi  

Joseph M. Goldstein Gary J. Cohen

Shutts & Bowen, LLP Wachovia Center, Suite 2100 200 East Broward Boulevard Fort Lauderdale, Florida 33301

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, 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: 14-000242BID

Orders for Case No: 14-000242BID