Florida Regulations 67-38.004: Incomplete Applications and Rejection Criteria
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(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 Application is submitted for a Development which an application has previously been submitted and not withdrawn, or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.
Rulemaking Authority 420.528 FS. Law Implemented 420.507, 420.521-.529 FS. History-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.
Terms Used In Florida Regulations 67-38.004
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.
Rulemaking Authority 420.528 FS. Law Implemented 420.507, 420.521-.529 FS. History-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.