42MMM-1.001: Establishment
42MMM-1.002: Boundary
42MMM-1.003: Supervisors
PURPOSE AND EFFECT: The purpose of this proposed rule is to establish a community development district (“CDD”), the Wiregrass Community Development District (“District”), pursuant to Chapter 190, F.S. The petition filed by Locust Branch, LLC, requests the Commission establish a community development district located entirely within the unincorporated limits of Pasco County, Florida. A Notice of Receipt of Petition for the Wiregrass Community Development District was published in the June 25,2008, edition of the Florida Administrative Weekly. The land area proposed to be served by the District comprises approximately 3,974.216 acres. A general location map is contained as Exhibit A to the petition to establish the District. There are no parcels within the proposed external boundaries of the District which are to be excluded. The Petitioner either owns or has written consent to establish the District from the owners of 100% of the real property located within the proposed District. The Petitioner seeks authorization for the District “to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems, facilities and basic infrastructures that may include, without limitation: water management and control, water supply, sewer, wastewater management, reclamation and reuse or any combination thereof, bridges or culverts, District roads and street lights, transportation facilities, parking improvements, environmental remediation and cleanup, conservation areas, mitigation areas and wildlife habitat, parks and facilities for indoor and outdoor recreational, cultural and educational uses, fire prevention and control, schools, security, mosquito control, waste collection and disposal, or any other project, within or without the boundaries of the District as required by a development order issued by a local government or subject of an agreement between the District and a governmental entity.”
SUMMARY: The purpose of this proposed rule is to establish a community development district (“CDD”), the Wiregrass Community Development District (“District”), pursuant to Chapter 190, F.S. The petition filed by Locust Branch, LLC, requests the Commission establish a community development district located entirely within the unincorporated limits of Pasco County, Florida. A Notice of Receipt of Petition for the Wiregrass Community Development District was published in the June 25,2008, edition of the Florida Administrative Weekly. The land area proposed to be served by the District comprises approximately 3,974.216 acres. A general location map is contained as Exhibit A to the petition to establish the District. There are no parcels within the proposed external boundaries of the District which are to be excluded. The Petitioner either owns or has written consent to establish the District from the owners of 100% of the real property located within the proposed District. The Petitioner seeks authorization for the District “to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems, facilities and basic infrastructures that may include, without limitation: water management and control, water supply, sewer, wastewater management, reclamation and reuse or any combination thereof, bridges or culverts, District roads and street lights, transportation facilities, parking improvements, environmental remediation and cleanup, conservation areas, mitigation areas and wildlife habitat, parks and facilities for indoor and outdoor recreational, cultural and educational uses, fire prevention and control, schools, security, mosquito control, waste collection and disposal, or any other project, within or without the boundaries of the District as required by a development order issued by a local government or subject of an agreement between the District and a governmental entity.”
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition to establish the District. The complete text of the SERC is contained as Exhibit H to the petition. 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 as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S.; (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 State of Florida and its residents; Pasco County and its residents; current property owners of lands within the boundaries of the proposed District; and future property owners are the principal entities that are likely to be required to comply with the rule. Under section (b), FLWAC and the State of Florida will incur administrative costs. Pasco County will incur costs resulting from the initial review. There is a $15,000 filing fee paid to Pasco County to offset any costs it may incur. The District will incur costs for construction, operations and maintenance of its facilities and for its administration. Costs will be completely paid for from annual assessments against all properties within the District benefiting from its facilities and it services. 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 transactional costs associated with adoption of a rule to establish the District are primarily related to the financing of improvements. 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 small businesses. Pasco County is not defined as a small county for purposes of this requirement. Under section (e), certain data utilized in the SERC was provided by the developer/petitioner and represents the best information available at the time of drafting of the SERC. Additional data was provided by Rizzetta & Company and was based on observations, analysis and experience with private development and other community development districts in various stages of existence.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 190.005 FS.
LAW IMPLEMENTED: 190.004, 190.005 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Thursday, April 30, 2009, 10:00 a.m. – 12:00 Noon
PLACE: Room 2103, The Capitol, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least two days before the workshop/meeting by contacting: Barbara Leighty, Florida Land and Water Adjudicatory Commission, Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, telephone (850)487-1884. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Florida Land and Water Adjudicatory Commission, Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001; telephone (850)487-1884
THE FULL TEXT OF THE PROPOSED RULE IS:
WIREGRASS COMMUNITY DEVELOPMENT DISTRICT
42MMM-1.001 Establishment.
The Wiregrass Community Development District is hereby established.
Rulemaking Authority 190.005 FS. Law Implemented 190.004, 190.005 FS. History–New ________.
42MMM-1.002 Boundary.
The boundaries of the district are those as set forth in Exhibit B of the April 15, 2008, Petition to Establish Wiregrass Community Development District. Petition Exhibit B is hereby incorporated by reference. Exhibit B can be obtained by contacting the Clerk of the Florida Land and Water Adjudicatory Commission, Office of the Governor, Room 1801 The Capitol, Tallahassee, Florida 32399-0001, telephone (850)487-1884.
The total Wiregrass Community Development District area = 3,974.294 acres, more or less.
Rulemaking Authority 190.005F.S. Law Implemented 190.004, 190.005 FS. History–New ________.
42MMM-1.003 Supervisors.
The following five persons are designated as the initial members of the Board of Supervisors: James Don Porter, Tom McDonald Porter, William Hatcher Porter, Joseph Michael Gramling, and David Jay Evans.
Rulemaking Authority 190.005 FS. Law Implemented 190.004, 190.005 FS. History–New ________.