437099, 42EEE-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 437099

Notice of Proposed Rule

Department:

FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

Division:

Sarasota National Community Development District

Chapter:

Sarasota National Community Development District

Overview

RULE:

42EEE-1	Sarasota National Community Development District
42EEE-1.001	Establishment
42EEE-1.002	Boundary
42EEE-1.003	Supervisors

PURPOSE:

The purpose of this proposed rule is to establish a community development district (“CDD”), the Sarasota National Community Development District (“District”), pursuant to Chapter 190, F.S.  The petition, as amended, filed by Tuscano, LLC, requests the Commission to establish a community development district located within Sarasota County, Florida.  A Notice of Receipt of Petition for the Sarasota National Community Development District (originally filed under the name of Tuscano Community Development District) was published in the March 17, 2006, edition of the Florida Administrative Weekly.  The land area proposed to be served by the District comprises approximately 2,353.80 acres (The original petition described the proposed District as approximately 2,375.12 acres in size.  However, the District’s legal description was amended to approximately 2,353.80 in size.).  A general location map is contained as Exhibit 1 to the amended petition to establish the District.  The proposed District is bounded on the north by U.S. 41, the east by the City of North Port, the south by Manasota Beach Road, and on the west by a single-family subdivision.  There is no developable real property located within the external boundaries of the proposed District which is to be excluded from the District.  The Petitioner either owns or has written consent to establish the District from the landowners of one hundred percent (100%) of the real property located within the proposed District. All of the land in the proposed District will be part of a golf course residential community comprising 1,584 residential units.   It is presently anticipated that the proposed District will construct or provide for certain infrastructures, which include public roads, provisions for water and sewer facilities and water management facilities.

SUMMARY:

The statement of estimated regulatory costs (SERC) supports the petition, as corrected, to establish the District.  The complete text of the SERC is contained as Exhibit 7 to the petition, as corrected.  The scope of the SERC is limited to evaluating the regulatory costs consequences of approving the proposal to establish the District.  The requirements for a SERC are found in Section 120.541(2), F.S.  A SERC must contain (a) a good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a description of the types of individuals likely to be affected by the rule; (b) a good faith estimate of the costs to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues; (c) a good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule; (d) an analysis of the impact on small businesses, small counties, and small cities; (e) any additional information that the agency determines may be useful; and (f) any good faith written proposal submitted under section 120.541(1)(a) and either a statement adopting the alternative or a statement rejecting the alternative in favor of the proposed rule.  Addressing section (a), the principal entities that are likely to be required to comply with the rule include the District, the State of Florida, and Sarasota County.  In addition, current and future property owners will be affected by the establishment of the proposed District.  Under section (b), FLWAC and the State of Florida will incur modest administrative costs.  Sarasota County will incur modest costs resulting from the initial review and on-going costs resulting from the on-going administration of the District.  There is a $15,000 filing fee paid to Sarasota County to offset any costs it may incur.  Adoption of the proposed rule to approve the formation of the District will not have an adverse impact on State and local revenues.  Addressing section (c), the District may levy non-ad valorem special assessments on properties within its boundaries to finance infrastructure that the District funds and to defray the costs of operating and maintaining the infrastructure and associated community facilities.  The District may issue notes, bonds, or other indebtedness to fund its improvement program.  Prospective future land owners would be required to pay off such indebtedness over time in the form of non-ad valorem special assessments or other rates, fees or charges.  The District may also impose an annual levy for the operation and maintenance of the District.  Under section (d), approval of the petition, as corrected, to establish the District will have no impact or a positive impact on all small businesses.  The petition, as corrected, to establish the District will not have an impact on small counties as defined by section 120.52, F.S., as Sarasota County is not defined as a small county.  Under section (e), the analysis provided in the SERC was based on a straightforward application of economic theory.  Input was received from the developer’s engineer and other professionals associated with the developer.

RULEMAKING AUTHORITY:

LAW:

PRINT PUBLISH DATE:

6/23/2006 Vol. 32/25

COMMENTS:

From 6/23/2006 To 7/14/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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