8037534, 42SS-1.002 - Florida Administrative Rules, Law, Code, Register

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Notice: 8037534

Notice of Proposed Rule

Department:

FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

Division:

Tolomato Community Development District

Chapter:

TOLOMATO COMMUNITY DEVELOPMENT DISTRICT

Overview

RULE:

42SS-1.002

Boundary

PURPOSE:

The Split Pine Community Development District (“Split Pine CDD”), which is located in Duval County, Florida, and the Tolomato Community Development District (“Tolomato CDD”), which is located in St. Johns County, Florida, have submitted a joint petition requesting the merger of the two districts. As a result of the merger, Split Pine CDD would cease to exist, and Tolomato CDD would continue as the surviving entity, with amended boundaries that would encompass only the land presently in the existing boundaries of both Split Pine CDD and Tolomato CDD. At the time of establishment of both districts, Section 190.003 of the Florida Statutes prohibited the establishment of community development districts across county boundaries. Effective July 1, 2007, that prohibition no longer exists. Split Pine CDD and Tolomato CDD have written consent to merge the boundaries of the two districts from the owners of one hundred percent of the land within the existing districts.
The proposed rule would effect the merger in part by amending Florida Administrative Code Rule 42SS-1.002, Boundary to expand the boundaries of Tolomato CDD to include the existing Split Pine CDD lands. Another proposed rule, which is separately noticed for simultaneous consideration, would further effect the merger by repealing the existing rules governing Split Pine CDD – specifically, Rules 42TT-1.001, Establishment, 42TT-1.002, Boundary, and 42TT-1.003, Supervisors, F.A.C.

SUMMARY:

Both Split Pine CDD and Tolomato CDD have authorized the merger of the two districts. Pursuant to Resolutions 2009-01 and 2009-04 adopted by the Board of Supervisors of Tolomato CDD, and on October 2, 2008 and April 16, 2009, respectively, Tolomato CDD authorized the merger of Tolomato CDD and Split Pine CDD, and approved a merger agreement (“Merger Agreement”). Pursuant to Resolutions 2009-01 and 2009-05 adopted by the Board of Supervisors of Split Pine CDD, and on October 2, 2008 and April 16, 2009, respectively, Split Pine CDD authorized the merger of Tolomato CDD and Split Pine CDD, and approved the Merger Agreement. Among other things, the Merger Agreement makes provision for the filing of a petition, the proper allocation of the indebtedness, and the manner in which debt is to be retired. The Merger Agreements, as approved by Tolomato CDD and Split Pine CDD, are contained at Exhibits 1A and 1B to the petition, as supplemented. Split Pine CDD currently covers approximately 2,014.98 acres of land located entirely within Duval County, Florida, and the City of Jacksonville limits. Split Pine CDD is generally located in the southeastern corner of Duval County, east of US Highway 1. Tolomato CDD currently covers approximately 11,355.06 acres of land located entirely within St. Johns County, Florida. Tolomato CDD is generally located in northeastern St. John’s County between Jacksonville and St. Augustine, east of US Highway 1. General location maps, and metes and bounds descriptions, are contained as Exhibits 3 and 4 to the petition, as supplemented.

RULEMAKING AUTHORITY:

190.005, 190.046 FS.

LAW:

190.004, 190.005, 190.046 FS.

PRINT PUBLISH DATE:

12/18/2009 Vol. 35/50

COMMENTS:

From 12/18/2009 To 1/8/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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