STATE OF FLORIDA

FLORIDA HOUSING FINANCE CORPORATION

ARTHUR MAYS VILLAS

PHASE ONE, LLC,

Petitioner,

v.

FHFC Case No. 202 l-005BP DOAH Case No. 21-0610BID

FLORIDA HOUSING FINANCE CORPORATION,

Respondent,

and

MHP FL I, LLC,

Intervenor.

FINAL ORDER

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This cause came before the Board of Directors of the Florida Housing Finance Corporation ("Board") for consideration and final agency action on June 18, 2021. Petitioner Arthur Mays Villa Phase One, LLC ("Arthur Mays") and Intervenor MHP FL I, LLC ("MHP" or "Southpointe Vista") were Applicants under Request for Applications 2020-203, "Housing Credit Financing for Affordable Housing Developments Located in Miami-Dade County" (the "RFA"). The matter for consideration before this Board is a Recommended Order issued pursuant to

§§ 120.569 and 120.57(3), Fla. Stat.

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Filed June 21, 2021 1:27 PM Division of Administrative Hearings

On August 26, 2020, Florida Housing Finance Corporation ("Florida Housing") issued the RFA, and posted notice of its intended funding decision on January 22, 2021. Through the ranking and selection process outlined in the RFA, three applicants were preliminarily selected for funding, including MHP. Arthur Mays was found eligible but was not selected for funding.

Arthur Mays timely filed a notice of intent to protest and a formal written protest challenging the eligibility ofMHP. The petition was referred to the Division of Administrative Hearings. Two other petitions were filed but were dismissed prior to hearing.

The hearing was conducted on March 16 and 19, 2021 before Administrative Law Judge ("ALJ") J. Bruce Culpepper by Zoom video conference in Tallahassee, Florida. Arthur Mays contended that MI-IP should have been found ineligible for funding because one of the principals of the applicant was not registered to transact business in Florida, and because MHP had materially misrepresented the total land cost of the development site. After the hearing, the parties filed proposed recommended orders.

After consideration of the oral and documentary evidence presented at hearing, the parties' proposed recommended orders, and the entire record in the proceeding, the ALJ issued a Recommended Order on May 26, 2021. A true and correct copy of the Recommended Order is attached hereto as "Exhibit A." The ALJ

found that Arthur Mays failed to demonstrate that Florida Housing's initial determination that MHP met the eligibility requirements in the RFA was contrary to applicable statutes, rules, policies, or RFA specifications, and failed to meet its burden to show that Florida Housing's initial determination was clearly erroneous, contrary to competition, arbitrary, or capricious. The ALJ recommended that Florida Housing enter a final order finding that MHP was eligible for funding and dismissing the petition of Arthur Mays. No exceptions to the Recommended Order were filed.

Ruling on the Recommended Order

1. The Findings of Fact set out in the Recommended Order are supported by competent substantial evidence.

2. The Conclusions of Law set out m the Recommended Order are reasonable and supported by competent substantial evidence.

3. The Recommendation of the Recommended Order is reasonable and supported by competent substantial evidence.

ORDER

In accordance with the foregoing, it is hereby ORDERED:

The Findings of Fact, Conclusions of Law, and Recommendation of the Recommended Order are adopted as Florida Housing's and incorporated by reference as though fully set forth in this Order.

The application ofMHP is awarded funding under RFA 2020-203, subject to credit underwriting.

DONE and ORDERED this 18th day of June 2021.

FLORIDA HOUSING FINANCE CORPORATION

Chair

Copies to:

Hugh R. Brown, Esq. Chris McGuire, Esq.

Florida Housing Finance Corporation Hugh.Brown@floridahousing.org Chris.McGuire@floridahousing.org

Jeffrey S. Woodburn Jason L. Maine Woodburn & Maine

jeff@woodbummaine.com jason@woodbummaine.com

Attorneys for Arthur Mays Villas Phase One, LLC

Tiffany A. Roddenberry Lawrence E. Sellers, Jr.

Holland & Knight, LLP tiffany.roddenberry@hklaw.com larry.sellers@hklaw.com

Attorneys for Southpointe Vista, MHP FL I, LLC

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, 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: 21-000610BID

Orders for Case No: 21-000610BID