(1) Each Application shall be reviewed by the
Corporation to determine if the Application meets Threshold Requirements. If
the Application fails to meet Threshold Requirements, the Corporation shall
notify the Applicant of any additional or revised information or material that
is required. The Applicant may continue to submit requested material until the
Application is complete and meets Threshold Requirements. The Application shall
not be placed in priority order or on a waiting list until such time that all
information and documentation has been submitted and the Application is
determined to have met Threshold Requirements.
(2) An Application shall be rejected if any
of the following occurs:
(a) The
Applicant/Application does not meet the requirements specified in the Act or
this rule chapter.
(b) If the Board
of Directors determines that any Applicant or any Affiliate of an Applicant:
1. Has engaged in fraudulent actions,
2. Has materially misrepresented
information to the Corporation regarding any of its Developments, or within the
current Application or in any previous applications for one or more of Florida
Housing's programs,
3. Has been
convicted of fraud, theft, or misappropriation of funds,
4. Has been excluded from federal or Florida
procurement programs,
5. Has been
convicted of a felony,
6.
Application is submitted for a Development which an application has previously
been submitted and not withdrawn, or
7. Application is submitted for an ineligible
purpose.
And that such action substantially increases the likelihood
that the Applicant will not be able to produce quality affordable housing. The
Applicant and any of the Applicant's Affiliates, will be ineligible for funding
or allocation in any program administered by the Corporation for a period of up
to two years, which will begin from the date the Board of Directors makes such
a determination. Such determination shall be either pursuant to a proceeding
conducted pursuant to Sections
120.569 and
120.57, F.S., or as a result of
a finding by a court of competent
jurisdiction.
(3) If the Applicant, Principal, Affiliate,
or Developer of the Applicant has any existing Developments participating in
Corporation programs that are in non-compliance with the Code, this rule
chapter or applicable Loan documents, and any applicable cure period has
expired at the time of approval of the Development Plan, the requested
allocation shall be denied, upon a determination by the Board that the
non-compliance increases the likelihood that the Applicant will not be able to
satisfy the terms of the Loan. The Applicant and Affiliates of the Applicant or
Developer will be prohibited from participation in any Corporation programs for
the subsequent cycle and continue until all of the Applicant's Developments are
in compliance.
(4) The Applicant
fails to meet any Threshold Requirement specified in the Application
Package.
Notes
Fla. Admin. Code Ann. R. 67-38.004
Rulemaking Authority
420.528 FS. Law Implemented
420.507, 420.521-.529 FS.
New 3-23-93, Amended
1-16-96, Formerly 9I-38.004, Amended 3-26-98, 7-17-00, 7-21-03, 2-3-05,
11-21-07, 11-22-09.
New 3-23-93, Amended 1-16-96, Formerly 9I-38.004, Amended
3-26-98, 7-17-00, 7-21-03, 2-3-05, 11-21-07,
11-22-09.
