On June 23, 2006, the Florida Land and Water Adjudicatory Commission (the “Commission”) received a Petition to adopt an amendment to rule chapter 42H-1, F.A.C., to amend the boundary of the Crossings at Fleming Island Community Development District (the “District”) pursuant to chapter 190, F.S.  Petitioner asserts a copy of the Petition was filed with Clay County.  The Commission will follow the requirements of chapter 190, F.S., and chapter 42-1, F.A.C., in ruling on this Petition. 

SUMMARY OF CONTENTS OF PETITION:  The Petition was filed by the Crossings at Fleming Island Community Development District with its registered office located at 1279 Kingsley Avenue, Suite 118, Orange Park, Florida 32073.  The Petition proposes to modify the land area presently serviced by the District by amending its boundary to add 41 acres to the District located solely within Clay County, Florida.  The District currently covers approximately 2,848 acres of land and after amendment the District will encompass approximately 2,889 acres generally located northwest, southwest and southeast of the intersection of U.S. 17 and C.R. 220 on Fleming Island.  There are no parcels within the expansion parcels or the proposed amended boundaries of the District that are to be excluded from the District.   Petitioner has obtained written consent to amend the boundaries of the District from the owners of 100% of the real property located within the expansion parcels.  The expansion parcels proposed to be included within the boundary of the District are owned by Eagle Harbor at Fleming Island Joint Venture, a Florida Joint Venture, Corey M. and Renee D. Kurlander, Coppenbarger Homes, Providence Homes, Inc., Toll Jacksonville Limited Partnership, CornerStone Homes, LLC, Robert B. Wilson, C.R. Rosewood Homes, Inc., Eugene M. and Tracy A. Russin, Richard W. Prest, Norman D. Kelly, and Richard J. and Linda Haberline, Jr.  The District intends to provide the following improvements or provide the following facilities or services for the expansion parcels: a master surface water management and drainage system; internal roadways serving the expansion parcels; and a potable water distribution system, wastewater collection system and reclaim water system. 

SUMMARY OF THE STATEMENT OF ESTIMATED REGULATORY COSTS:  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, Clay County, Florida, the current property owners within the existing District and the landowners within the District’s proposed amended boundary.  The SERC estimates the households and businesses that locate within the proposed expansion area and within the current District boundaries would be under the jurisdiction of the District.  The SERC estimates that rule amendment implementation and enforcement costs to the above-described entities will be minimal and/or are offset by the payment of requisite filing and annual fees; and, estimates there will be no negative impact on state and local revenues from the proposed amendment of the rule.  With respect to an estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the rule, the SERC indicates that to fund the cost of maintaining infrastructure, assessments and fees will be imposed on the District property owners.  Finally, the SERC concludes that the amendment of the District’s boundary will have no impact on small businesses and should not have negative impact on small counties and cities as defined in Section 120.52, F.S.  Clay County is not a small county as defined by section 120.52, F.S.   According to the SERC, the SERC analysis is based on a straightforward application of economic theory and input was received from professionals associated with the District. 


DATE AND TIME:  Monday, August 28, 2006, at 1:00 p.m.

PLACE:  Holiday Inn, 150 Park Avenue, Orange Park, Florida

Any person requiring a special accommodation to participate in the hearing because of a disability should contact Jonathan T. Johnson or Michael C. Eckert, telephone (850) 222-7500, at least two (2) business days in advance in order to provide sufficient opportunity to make appropriate arrangements.


COPIES OF THE PETITION MAY BE OBTAINED BY CONTACTING:  Jonathan T. Johnson or Michael C. Eckert, Hopping Green & Sams, 123 South Calhoun Street, Tallahassee, Florida 32301; or Barbara Leighty, Florida Land and Water Adjudicatory Commission, Office of Policy and Budget, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, telephone (850) 487-1884.