RECEIPT OF PETITION TO MERGE THE SPLIT PINE COMMUNITY DEVELOPMENT DISTRICT AND THE TOLOMATO COMMUNITY DEVELOPMENT DISTRICT
On March 23, 2009, the Florida Land and Water Adjudicatory Commission (“FLWAC” or “Commission”) received a petition to merge the Split Pine Community Development District and the Tolomato Community Development District. The petition was supplemented with additional information. The Commission will follow the requirements of Chapter 42-1, Florida Administrative Code (FAC), as amended, and Chapter 190, Florida Statutes (F.S.), as amended, in ruling on this petition.
SUMMARY OF CONTENTS OF PETITION: The petition, as supplemented, filed by the Split Pine Community Development District (“Split Pine CDD”) and the Tolomato Community Development District (“Tolomato CDD”) (together, “Petitioners”), requests the merger of the Split Pine CDD and the Tolomato CDD. Pursuant to Resolutions 2009-01 and 2009-04 adopted by the Board of Supervisors of the Tolomato CDD, and on October 2, 2008 and April 16, 2009, respectively, the Tolomato CDD authorized the merger of the Tolomato CDD and the 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 the Split Pine CDD, and on October 2, 2008 and April 16, 2009, respectively, the Split Pine CDD authorized the merger of the Tolomato CDD and the 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. Petitioners have written consent to merge the boundaries of the Split Pine CDD and the Tolomato CDD from the owners of one hundred percent of the land within the existing districts.
SUMMARY OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition, as supplemented, to merge the Split Pine CDD and the Tolomato CDD. The complete text of the SERC is contained as Exhibit 12 to the petition, as supplemented. 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 merged District, the State of Florida and its residents, Duval County/City of Jacksonville, and St. Johns County, current property owners of lands within the boundaries of the proposed merged 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. Duval County/City of Jacksonville and St. Johns County may incur costs resulting from the initial review and on-going costs resulting from the on-going administration of the District. There is a filing fee paid to St. Johns County and the City of Jacksonville to offset any costs it may incur. Adoption of the proposed rule to merge the boundaries of the Split Pine CDD and the Tolomato CDD will not have any negative impact on State and local revenues. Addressing section (c), the operation and maintenance responsibilities assumed by the City of Jacksonville and St. Johns County will not vary from the original arrangements between the respective jurisdiction and the existing Districts. The same public infrastructure previously planned for the existing Districts will also support the development of the land within the proposed merged District. All properties within the proposed merged district will be encumbered with obligations to pay for public infrastructure and operations and maintenance expenses incurred by the proposed merged District. However, no new costs are expected to arise as a result of the merger that would not have arisen under the existing Districts. The capital improvement program (CIP) for the proposed merged district will likely be very similar to the combined CIPs adopted by each of the Split Pine and Tolomato CDDs. Assessments securing repayment of previously issued bond issuances will not be affected by the merger of the Districts. The proposed merged District will assume assessment collection and enforcement responsibilities from the existing Districts. The proposed merged District may issue future special assessments or other revenue bonds in order to raise funds for completion of infrastructure improvements. Under section (d), approval of the petition to merge the Split Pine CDD and the Tolomato CDD will have no impact or a positive impact on small businesses. The petition to merge the Districts will not have an impact on small counties as neither Duval or St. Johns Clay County are small counties as defined by Section 120.52, F.S. Under Section (e), the merger is expected to lead to the reduction or elimination of redundant meetings, paperwork, and expenses and is expected to produce direct cost savings to the proposed merged District. The proposed merged District will likely be able to reduce its non-ad valorem assessment collections and still achieve its goal of providing appropriate public infrastructure facilities and services.
A LOCAL HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, July 7, 2009, 10:00 a.m.
PLACE: Ponte Vedra Beach Library
Community Room
101 Library Boulevard
Ponte Vedra Beach, Florida
AND ON
DATE AND TIME: Tuesday, July 7, 2009, 3:00 p.m.
PLACE: Baymeadows Residence Inn Marriott
8365 Dix Ellis Trail
Jacksonville, Florida
The above referenced hearings will be continued on the record to further allow all persons to have an opportunity to present evidence and argument on all issues involved.
THE CONTINUED LOCAL HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
DATE AND TIME: Monday, July 27, 2009, 11:00 a.m.
PLACE: Ponte Vedra Beach Library
Community Room
101 Library Boulevard
Ponte Vedra Beach, Florida
AND ON
DATE AND TIME: Monday, July 27, 2009, 2:00 p.m.
PLACE: Baymeadows Residence Inn Marriott
8365 Dix Ellis Trail
Jacksonville, Florida
Any person requiring a special accommodation to participate in the hearing because of a disability should contact: Cheryl Stuart or Jere Earlywine, Hopping Green & Sams, 119 South Monroe Street, Suite 300, Tallahassee, Florida 32301, (850)222-7500, two days prior to the hearings in order to provide sufficient opportunity to make appropriate arrangements.
Copies of the petition, or information about the date, time, and location of the continued hearings (if applicable), may be obtained by contacting: Cheryl Stuart or Jere Earlywine, Hopping Green & Sams, 119 South Monroe Street, Suite 300, Tallahassee, Florida 32301, (850)222-7500, or Barbara Leighty, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, (850)487-1884.