final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Florida Housing Finance Corporation. Bernard
Michael P. Donaldson and Christine Davis Graves of Carlton,
Fields, Tallahassee; Scott A. McLaren of Hill Ward Henderson,
Tampa, for Appellant.
R. Brown, General Counsel, Betty C. Zachem, Assistant General
Counsel, Florida Housing Finance Corporation, Tallahassee,
Oaks challenges the final order of the Florida Housing
Finance Corporation, adopting the recommended order of an
administrative law judge and rescinding an award for funding
to construct affordable housing. The corporation determined
that Appellant incorrectly answered a material question in
the Request for Application.
Florida Housing Finance Corporation establishes
"procedures necessary for proper allocation and
distribution of low- income housing tax credits." §
420.5099(1), Fla. Stat. (2018). Florida Housing periodically
administers competitive solicitations through which
developers may apply for funding for the new construction or
rehabilitation of affordable rental housing. Fla. Admin. Code
2016, Florida Housing issued an RFA proposing the development
of affordable multifamily housing in Broward, Duval,
Hillsborough, Orange, Palm Beach, and Pinellas counties.
Appellant responded and requested funding for a proposed
housing development called Heritage Oaks, which would consist
of 85 newly constructed housing units. At the time that
Appellant submitted its application, there were occupied
housing units on the site. But under the proposed
development, these existing units would be demolished to make
way for the 85 new units.
5 of the RFA concerned "General Development
Information," and under this heading, Question 5.e. was
labeled "Number of Units in Proposed Development."
Under this subheading, Questions 5.e. (1) and (2) asked for
the "total number of units" and the amount of new
construction and rehabilitation units in the proposed development.
Question 5.e. (3) stated:
Applicant must indicate which of the following applies to the
occupancy status of any existing units:
(a) Existing units are currently occupied
(b) Existing units are not currently ...