437293, 42FFF-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 437293

Notice of Proposed Rule

Department:

FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

Division:

Rivers Edge Community Development District

Chapter:

Rivers Edge Community Development District

Overview

RULE:

42FFF-1	Kendall Creek Community Development District
42FFF-1.001	Establishment
42FFF-1.002	Boundary of Surviving District
42FFF-1.003	Supervisors

PURPOSE:

The purpose of this proposed rule is to establish a community development district (“CDD”), the Rivers Edge Community Development District (“District”), pursuant to Chapter 190, F.S.  (The petition filed on December 19, 2005, designated the name of the District as the Kendall Creek Community Development District.  Both the Notice of Receipt of Petition and the Notice of Development of Proposed Rule were published under the name Kendall Creek Community Development District.  Petitioner requested a change to the name Rivers Edge Community Development District on May 24, 2006.)  The petition filed by The St. Joe Company requests the Commission establish a community development district located entirely within the unincorporated limits of St. Johns County, Florida.  A Notice of Receipt of Petition for the District was published in the February 3, 2006, edition of the Florida Administrative Weekly.  The land area proposed to be served by the District comprises approximately 4,086.6 acres.  A general location map is contained as Exhibit 1 to the petition to establish the District.  There are no out-parcels within the external boundaries of the proposed District which are to be excluded from the District.  The Petitioner either owns or has obtained written consent to establish the District from the landowners of one hundred percent (100%) of non-governmental real property located within the proposed District.  The lands within the District will accommodate approximately 3,700 single-family homes; 775 multi-family units; 80,000 square feet of retail/commercial/service space; 11,000 square feet of offices; 100,000 square feet of light industrial space; 18 holes of golf; 131 acres of parks; and 1 public school.  The lands to be included in the District are located in the RiverTown Development of Regional Impact.  The District, if established, plans to fund, own, operate and maintain the stormwater management system,certain roadways and the District’s recreation facilities including parks and amenities.  The District will fund and construct the County public roadways and County public parks, and will dedicate them to the County.  Water and wastewater utilities will be provided by JEA and owned by the JEA.

SUMMARY:

The statement of estimated regulatory costs (SERC) supports the petition to establish the District.  The complete text of the SERC is contained as Exhibit 9 to the petition.  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 (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 St. Johns 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.  St. Johns 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 St. Johns 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 to establish the District will have no impact or a positive impact on all small businesses.  The petition to establish the District will not have an impact on small counties as defined by section 120.52, F.S., as St. Johns 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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