470273, 42CC-1.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 470273

Notice of Proposed Rule

Department:

FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

Division:

Capital Region Community Development District

Chapter:

CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT

Overview

RULE:

42CC-1.002

Boundary

PURPOSE:

The Petition was filed by the Capital Region Community Development District with its registered office located at 123 South Calhoun Street, Tallahassee, Florida 32301.  The Petition proposes to modify the land area presently serviced by the District by amending its boundary to add approximately 45.94 acres.  (The District was originally established by Chapter 4CC-1, F.A.C., effective February 28, 2000.)  The District currently covers approximately 3,241 acres of land located entirely within the City of Tallahassee, Florida, and unincorporated Leon County, Florida.  After expansion, the District will encompass approximately 3,286.94 acres.  There are no lands within the expansion parcel that are to be excluded from the District.  Petitioner has written consent to amend the boundary of the District from the owners of one hundred percent of the real property comprising the expansion parcel.  Pursuant to section 190.046(1)(e), F. S., the filing of the Petition for expansion by the District Board of Supervisors constitutes consent of the landowners.  All of the land within the expansion parcel is included within the Southwood Development of Regional Impact. After expansion, the development plan within the District stays the same as the original petition.  The District will continue to support 2,074 single family residential units, 2,696 multifamily units, 2,194,117 square feet of office space and 799,502 square feet of commercial space.  The 45.95 acre expansion area is planned for 76 single family residential units and 82 multifamily units.  These units are included within the above referenced 2,074 single family units and 2, 696 multifamily units.  No additional residential or non-residential development is anticipated as a result of the expansion of the District’s boundary.

SUMMARY:

In association with the Petition, the Petitioner has caused a Statement of Estimated Regulatory Costs (“SERC”) to be prepared in compliance with Section 120.541, F.S.  The complete text of the SERC is contained at Exhibit “9” to the Petition.  By way of summary, the SERC estimates the principal individuals and entities likely to be required to comply with the amended rule are the State of Florida, Leon County, and the City of Tallahassee.  The SERC estimates that rule amendment implementation and enforcement costs to the above-described entities will be modest, are concurrently budgeted or not burdensome, and/or are offset by the payment of requisite filing and annual fees; and, estimates there will be no effect on state and local revenues from the proposed amendment of the rule.  The SERC indicates 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.  Prospective future landowners 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 operations and maintenance of the District.  The SERC further provides the decision to locate within the District is completely voluntary.  The SERC concludes that the expansion of the District’s boundary will have no impact or a positive impact on small businesses.  As to impact on small counties and small cities, Leon County is not a “small” county and the City of Tallahassee is not a “small” city as defined by Section 120.52, F.S.  The SERC analysis is 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:

7/7/2006 Vol. 32/27

COMMENTS:

From 7/7/2006 To 7/28/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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