02-001118 In Re: Rule Amendment - Circle Square Woods Community Development District vs. * Status: Closed Recommended Order on Monday, June 24, 2002.

Summary: Petitioner satisfied requirements to contract its boundaries for a community development district in Marion County.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: PETITION TO CONTRACT )

THE CIRCLE SQUARE WOODS ) Case No. 02 - 1118

COMMUNITY DEVELOPMENT )

DISTRICT. )

_______________________________)

REPORT TO THE FLORIDA LAND AND WATER

ADJUDICATORY COMMISSION

Pursuant to Section 190.005(1)(d), Florida Statutes,

Donald R. Alexander, Administrative Law Judge, conducted a

public hearing on May 20, 2002, in Ocala, Florida, for the

purpose of taking testimony and public comment and receiving

exhibits on the Petition of Circle Square Woods Community

Development District to delete certain lands from its

territory.

APPEARANCES

For Petitioner: Reginald L. Bouthillier, Jr., Esquire

Fred F. Harris, Jr., Esquire

Greenberg Traurig, P.A.

101 East College Avenue

Tallahassee, Florida 32301

Landis V. Curry, Jr., Esquire

Ayres, Cluster, Curry, McCall, Collins

& Fuller, P.A.

21 Northeast 1st Avenue

Ocala, Florida 34470

STATEMENT OF THE ISSUE

The issue is whether the deletion of 1,737.03 acres of

land from the Circle Square Woods Community Development

District meets the applicable criteria set forth in Chapter

190, Florida Statutes.

PRELIMINARY STATEMENT

This case began on February 15, 2002, when Petitioner,

Circle Square Woods Community Develo pment District, requested

the Florida Land and Water Adjudicatory Commission to adopt an

amendment to Rule 42S - 1.002, Florida Administrative Code, to

delete 1737.03 acres of land from its boundaries. The

proposed amended rule is attached to this Report as Appendix

C. The matter was forwarded to the Division of Administrative

Hearings on March 18 2002, with a request that an

Administrative Law Judge conduct a public hearing. By Notice

of Hearing dated March 25, 2002, a public hearing was

scheduled in Ocal a, Florida, on May 20, 2002.

Petitioner presented five witnesses and offered into

evidence Petitioner's Composite Exhibits 1 - 5, consisting of 36

separate items, which were admitted without objection. The

names and addresses of the witnesses are listed i n Appendix A

attached to this Report, and the exhibits are listed in

Appendix B. No other persons or entity presented any

witnesses or exhibits. No members of the public provided any

comments.

The Transcript of the local public hearing was filed with

the Division of Administrative Hearings on May 30, 2002. The

original Transcript and hearing exhibits are transmitted with

this Report.

FINDINGS OF FACT

Based upon all of the evidence, the following findings of

fact are determined:

A. Overview

1. Petit ioner, Circle Square Woods Community Development

District (the District), an established community development

district, is seeking the adoption of an amendment to Rule 42S -

1.002, Florida Administrative Code, by the Florida Land and

Water Adjudicatory Comm ission (Commission) to delete 1,737,03

acres. The District is located southwest of the City of Ocala

in Marion County, Florida (County).

2. The sole purpose of this proceeding is to consider

whether the proposed contraction of territory meets the

criteri a established in Chapter 190, Florida Statutes, as

proposed by Petitioner.

B. Summary of Evidence and Testimony

a. Whether all statements contained within the Petition

have been found to be true and correct.

3. Exhibit 1a was identified for the recor d as a copy of

the Petition with its attached exhibits, as filed with the

Commission. Witnesses Colen, Faranda, Fishkind, Bahlke, and

Ganoe each confirmed that they had reviewed the Petition and

Petition Exhibits and found the findings to be true and

corr ect. They also described particular elements of the

Petition and the Exhibits attached thereto.

4. Mr. Colen testified that Petitioner had obtained

written consent to contract the boundaries of the District

from the owners of 100 percent of the real property located

within the lands to be removed from the District (Contraction

Area or Contraction Parcel).

5. The Petition showed the Contraction Area to be

1,737.03 acres and the proposed amended District to be

approximately 718.75 acres after the con traction.

6. The testimony and evidence indicate that the Petition

and its attached Petition Exhibits are true and correct.

b. Whether the contraction of the district is

inconsistent with any applicable element or portion of the

state comprehensive pla n or of the effective local government

comprehensive plan.

7. Mr. Ganoe, Dr. Fishkind, and Mr. Bahlke reviewed the

proposed contracted District in light of the requirements of

the State Comprehensive Plan as found in Chapter 187, Florida

Statutes, and th e Marion County Comprehensive Plan. Each

witness concluded that the District as contracted will not be

inconsistent with the State and Marion County Comprehensive

Plans. Mr. Ganoe, the Marion County Planning Director, was

accepted as an expert planner, specifically regarding the

State and Marion County Comprehensive Plans and Marion County

Land Development Regulations.

8. From a planning perspective, four subjects (16, 18,

21, and 26) of the State Comprehensive Plan relate to

community development dis tricts (CDDs), specifically to the

proposed amended District. Mr. Ganoe, Dr. Fishkind, and Mr.

Bahlke addressed these subjects in their pre - filed testimony.

9. Subject 16, Land Use, recognizes the importance of

locating development in areas that have th e fiscal abilities

and service capacities to accommodate growth. It is relevant

because CDDs are to be designed to provide infrastructure

services and facilities in a fiscally responsible manner to

the areas that can accommodate development. The contract ion

of the District will not be inconsistent with this goal

because the District will continue to have the fiscal

capability to provide the specified services and facilities

within its boundaries. The Contraction Area is currently raw

land without any dev elopment. At this time, the landowners

intend to form one or more CDDs to provide the Contraction

Area with infrastructure and community services in the future.

8. Subject 18, Public Facilities, provides for: (a)

protecting investments in existing publ ic facilities; (b)

financing for new facilities; (c) allocating the costs of new

public facilities on the basis of the benefits received by

future residents; (d) implementing innovative but fiscally

sound techniques for financing public facilities; and (e)

identifying and using stable revenue sources for financing

public facilities. The contraction of the District to

eliminate the Contraction Area will further these State

Comprehensive Plan goals and policies.

9. Subject 21, Governmental Efficiency, prov ides that

governments shall economically and efficiently provide the

amount and quality of services required by the public. The

proposed District as contracted will be consistent with this

element because the amended District will continue to: (a)

coopera te with other levels of Florida government; (b) be

established under uniform general law standards as specified

in Chapter 190, Florida Statutes; (c) be professionally

managed, financed, and governed by those whose property

directly receives the benefits; (d) not burden the general

taxpayer with costs for services or facilities inside the

District; and (e) plan and implement cost - efficient solutions

for the required public infrastructure and assure delivery of

selected services to residents.

10. Subject 26, Plan Implementation, calls for

systematic planning capabilities to be integrated into all

levels of government throughout the state, with particular

emphasis on improving intergovernmental coordination and

maximizing citizen involvement. The proposed District as

contracted will be consistent with this element of the State

Comprehensive Plan because: (a) the proposed District will

systematically plan for the construction, operation, and

maintenance of the public improvements and the community

facilities authorized under Chapter 190, Florida Statutes,

subject to and not inconsistent with the local government

comprehensive plan and development regulations; (b) the

District meetings are publicly advertised and are open to the

public so that all District pro perty owners and residents can

be involved in planning for improvements; (c) Section 189.415,

Florida Statutes, requires the District to file and update

public facilities reports with the County, which the County

may rely upon in any revisions to the local comprehensive

plan; and (d) removing the Contraction Area will improve the

ability of the District to coordinate the provision of

facilities and services within the District without the

unneeded overlap to the Contraction Area which will be the

subject of separate and distinct CDDs in the future.

11. With regard to the Marion County Comprehensive Plan,

Mr. Ganoe testified that the Plan includes goals that: (a)

ensure the character and location of land uses maximize the

potential for economic benefit whi le protecting the current

unique character of urban, rural, and environmentally

sensitive areas; and (b) discourage urban sprawl and

incompatible land uses while encouraging compact urban

development patterns and facilities’ central services.

Petition Exh ibits 6A and 6B, the Future Land Use Map for the

County and the On Top Of The World, Inc. Master Development

Plan Revised Map H (OTOW Map H) describe the proposed

distribution of land uses within the District after

contraction. By Marion County Resolution No: 2001 - R - 290 (DRI

Resolution), the Marion County Board of County Commissioners

adopted a Third Amendment to the Amended Development Order for

On Top Of The World – Central, a Development of Regional

Impact. The DRI Resolution determined that the propos ed

distribution of land uses within the OTOW Map H are consistent

with the State Comprehensive Plan and the Marion County

Comprehensive Plan, and approved the OTOW Map H in DRI

Resolution as Exhibit C. In addition, the Department of

Community Affairs issu ed a Binding Letter of Modification to a

DRI with Vested Rights on November 29, 2001. Mr. Ganoe

concluded that the development and land uses within the

District as contracted are consistent with OTOW Map H, and

therefore consistent with the State and Mari on County

Comprehensive Plans.

12. The testimony and exhibits in the record indicate

that the proposed amended District will not be inconsistent

with any applicable element or portion of the State

Comprehensive Plan.

13. The evidence in the record indi cates that the

proposed amended District will not be inconsistent with any

applicable element or portion of the Marion County

Comprehensive Plan.

c. Whether the area of land within the proposed district

is of sufficient size, is sufficiently compact, and is

sufficiently contiguous to be developable as one functional

interrelated community.

14. After the proposed contraction, the size of the

amended District will be 718.75 acres.

15. Mr. Ganoe, an expert planner, concluded that the

District, as contrac ted, is of sufficient size, is

sufficiently compact, and is sufficiently contiguous to be

developed as one functional interrelated community. He also

concluded that, from a planning perspective, the amended

District will continue to succeed as a functiona l,

interrelated community. In addition, Mr. Ganoe emphasized

that the services and facilities in the amended District will

not be hampered by significant barriers or spatial problems.

16. The amended District is sufficiently contiguous; all

parts of th e amended District are either in actual contact or

are close enough to allow the efficient design and use of

infrastructure.

17. Dr. Fishkind was accepted without objection as an

expert in: (1) economic analysis and forecasting, particularly

with regard to CDDs, and (2) the operation and management of

CDDs. Dr. Fishkind concluded that the amended District is of

sufficient size, sufficient compactness, and sufficient

contiguity to be developed as one functional interrelated

community. The amended Distri ct is compact with land use

typical of a planned community. The development of the land

within the amended District has been planned to be a

functional interrelated community.

18. Mr. Bahlke was accepted without objection as an

expert in civil engineer ing and surveying regarding CDDs and

infrastructure. Mr. Bahlke concluded that the amended

District is of sufficient size, sufficient compactness, and

sufficient contiguity to be developed as one functional

interrelated community.

19. From a planning, engineering, economic, and

management and operation perspective, the area of land to be

included in the proposed amended District is of sufficient

size, is sufficiently compact, and is sufficiently contiguous

to continue to be developed as a single functio nally

interrelated community.

d. Whether the proposed amended district is the best

alternative available for delivering community development

services and facilities to the area that will be served by the

proposed amended district.

20. Dr. Fishkind, Mr. Bahlke, and Mr. Ganoe each

concluded that the amended District is the best alternative

available for providing community development facilities and

services to the area that will be served by the District.

21. Dr. Fishkind also concluded that from t he

perspective of current and future property owners in the

amended District, the CDD is the best alternative for

providing community facilities, infrastructure, and services.

The land development envisioned for the area in the CDD will

require substantia l provision of infrastructure, facilities,

and services. The CDD is an alternative method to provide

these necessary services. The CDD can access the tax - exempt

public capital markets and thereby fund these facilities and

services at a lower cost than th e alternative of developer

funding. Furthermore, unlike a homeowners association (HOA),

the CDD has the power to assess property and collect those

assessments along with other property taxes. Therefore, a CDD

can fund large capital improvement programs t hat an HOA

cannot.

22. Dr. Fishkind also concluded that with regard to the

operations and maintenance of community facilities and

services the CDD is also the best alternative. The CDD is

preferable to an HOA or property owners association to future

la ndowners for the following reasons. First, unlike an HOA,

the CDD collects funds for operations and maintenance directly

from assessments collected along with all other property

taxes, a more assured income stream. Unlike an HOA, a CDD is

a unit of local government, and it must hold its meetings in

the sunshine and bid out its contracts. A CDD provides

control to the landowners much sooner in time than an HOA. A

CDD is focused on providing the community with services,

facilities, and their maintenance i n a way the general purpose

government, with its competing interests and broad

responsibilities, is not. This level of local control serves

the best interests of property owners in the CDD.

23. According to Dr. Fishkind, from the perspective of

the Sta te, the County, and the St. Johns River Water

Management District, a CDD is the best alternative for

providing community facilities and their operation and

maintenance for a variety of reasons. First, as noted above,

compared to an HOA a CDD is a more pow erful and more

responsive organization for providing and maintaining

infrastructure and services. Second, with an HOA, the County

would have to assume some responsibility for construction,

operations, and maintenance of community facilities and

services. Even if the County formed a dependent district to

provide community facilities and services to the area to be

served by the District, and charged appropriately for these

services, the County would be enmeshed in the responsibilities

and management. Furth ermore, without a CDD the County cannot

be assured that only residents of the area to be served by the

CDD would bear the full costs of the needed facilities and

services.

24. Only a CDD allows for the independent financing,

administration, operation, an d maintenance of the land within

such a district. Only a CDD allows district residents to

completely control the district. None of the other

alternatives have all of these characteristics.

25. From planning, engineering, economic, and special

district management perspectives, the proposed amended

District is the best alternative available for delivering

community development services and facilities to the area that

will be served by the District.

26. Dr. Fishkind also indicated that the District is no t

the best alternative to provide such services to the lands

within the Contraction Area. The Contraction Area is

undeveloped, raw land which will be developed in the future as

independent CDDs. The purpose of this boundary amendment is

to remove the Con traction Area from the District so that the

Contraction Area can be developed independently of the

District and form multiple CDDs in the future. Further, this

boundary amendment will provide for a more efficient use of

resources. Currently, the District provides no services or

facilities to the Contraction Area and holds no title to

property located within the Contraction Area. That area will

be the subject of future, independent development.

e. Whether the community development services and

faciliti es of the proposed amended district will be

incompatible with the capacity and uses of existing local and

regional community development services and facilities.

27. Dr. Fishkind, Mr. Ganoe, and Mr. Bahlke concluded

that the services and facilities propo sed to be provided by

the amended District are not incompatible with the capacity

and uses of existing local and regional facilities and

services. Dr. Fishkind and Mr. Bahlke stated that the amended

District's facilities and services within the proposed a mended

boundaries will not duplicate any available regional services

or facilities within the Contraction Area. Dr. Fishkind also

concluded that the District will provide infrastructure

services and facilities that do not overlap with those

provided by ot hers and are required under the development

agreements governing the property.

28. The evidence indicates that the community

development services and facilities of the proposed amended

District will not be incompatible with the capacity and uses

of exis ting local and regional community development services

and facilities.

f. Whether the area that will be served by the proposed

amended district is amenable to separate special district

government.

29. Dr. Fishkind, Mr. Ganoe, and Mr. Bahlke concluded

th at the area to be served by the amended District is amenable

to separate special district government.

30. Dr. Fishkind and Mr. Bahlke stated that the lands

remaining in the District as amended will continue to need

basic infrastructure. Dr. Fishkind and Mr. Bahlke also

concluded that the existing District has shown the ability to

provide facilities and services to the benefit of its owners

and residents, and the size and compactness of the amended

District will not be inconsistent with the District’s

capa bility to continue those services.

31. Therefore, the area that will be served by the

proposed amended District is amenable to separate special

district government.

g. Whether the petition complies with Chapter 190.005

(1)(a), Florida Statutes.

32. T he District is located in Marion County. A

location map, sketch, and metes and bounds legal description

of the existing boundaries of the District and the Contraction

Parcel are attached to the Petition. Also, a map showing the

location of the land area to be serviced by the District after

the contraction was attached to the Petition.

33. The Petition contains a written consent by the

owners of 100 percent of the real property to be contracted

from the District.

34. The current members of the District ’s Board of

Supervisors are listed in paragraph 7 of the Petition. The

name of the District will continue to be the Circle Square

Woods Community Development District.

35. The Petition contains a map of the current major

trunk water mains and sewer inte rceptors and outfalls within

the District. The services and facilities currently provided

to the District as amended are water treatment and

distribution, wastewater collection, treatment, and residual

disposal.

36. As required by Section 190.005(1)(a), the Petition

contains a statement of estimated regulatory costs (SERC).

The SERC contains an estimate of the costs and benefits to all

persons directly affected by the proposed rule amendment to

contract the District. According to Dr. Fishkind, the SERC

was prepared in accordance with the requirements of Chapters

120 and 190, Florida Statutes.

37. The change in the boundaries of the District will

have no cost impact on State or County governments beyond the

processing of the Petition. The processing cos ts are modest

and will largely be offset by the filing fees charged for the

formation of other CDD’s in the future. The evidence further

indicates that the change in the boundaries will have no

negative economic impacts on future residents of the District

or on small businesses.

h. Whether the petition complies with Sections 190.005

(1)(b),(c), and (d).

38. Section 190.005(1)(d) requires the Petitioner to

publish notice of the public hearing in a newspaper of general

circulation in Marion County for f our consecutive weeks prior

to the hearing. The notice was published in the Ocala Star -

Banner , a newspaper of general circulation in the County for

four consecutive weeks on April 22, April 29, May 6, and May

13, 2002. A copy of the advertisement and the affidavit of

Connie Heath, an authorized employee of the newspaper,

verifying the above - cited publication dates was entered into

evidence at the public hearing.

39. The Petition also contains the Master Development

Plan Revised Map H and County Future L and Use Map. As noted

on the Exhibit List attached as Appendix B to this Report,

Resolution No. 2001 - R - 290, the Marion County Comprehensive

Plan, and the Binding Letter of Modification to a DRI with

Vested Rights dated November 29, 2001, were entered into

evidence at the public hearing as Exhibits 2h, 2i, and 4k,

respectively.

40. Section 190.005(1)(b) requires the Petitioner to pay

a filing fee of $15,000 to the county and to each municipality

the boundaries of which are contiguous with, or contain all or

a portion of the land within the external boundaries of the

District. The County, the only such entity, waived the filing

fee. The County also waived their right to conduct a public

hearing pursuant to Section 190.005(1)(c).

CONCLUSIONS OF LAW

41. This proceeding is governed by Chapters 120 and 190,

Florida Statutes, and Chapter 42 - 1, Florida Administrative

Code.

42. Section 190.046(1)(d)1., Florida Statutes (2001),

specifies the procedures for contracting an existing CDD

initially established by administrative rule. In doing so,

subparagraph (1)(f)1. provides a general limitation that

[d]uring the existence of a district

initially established by administrative

rule, petitions to amend the boundaries of

the district . . . shall be limited to a

cumu lative total of not more than 10

percent of the land of the initial

district, and in no event shall all such

petitions ever encompass more than a total

of 250 acres."

43. However, paragraph (1)(g) provides an exception to

that limitation and states tha t

[p]etitions to amend the boundaries of the

district which exceed the amount of land

specified in paragraph (f) shall be

considered petitions to establish a new

district and shall follow all of the

procedures specified in s. 190.005.

Because the propos ed contraction here exceeds the 250 - acre

threshold in subparagraph (1)(f)1., Petitioner must satisfy

all of the requirements found in Section 190.005, Florida

Statutes.

44. The proceeding was properly noticed pursuant to

Section 190.005, Florida Statute s, by publication of an

advertisement in a newspaper of general paid circulation in

Marion County once each week for the four consecutive weeks

immediately prior to the hearing.

45. Petitioner has met the requirements of Section

190.005, Florida Statutes, regarding the submission of a

petition and satisfaction of filing fee requirements.

46. Petitioner bears the burden of establishing that the

petition meets the relevant statutory criteria set forth in

Section 190.005(1)(e), Florida Statutes.

47. A ll por tions of the Petition and other submittals

have been completed and filed as required by law.

48. All statements contained within the Petition are

true and correct.

49. The proposed contraction of the boundaries of the

District is not inconsistent with an y applicable element or

portion of the State or County Comprehensive Plans.

50. The area of land within the proposed amended

District is of sufficient size, is sufficiently compact, and

is sufficiently contiguous to be developable as one functional

inter related community.

51. The proposed amended District is the best

alternative available for delivering community development

services and facilities to the area that will be served by the

District.

52. The community development services and facilities of

the amended District will not be incompatible with the

capacity and uses of existing local and regional community

development services and facilities.

53. The area to be served by the amended District is

amenable to separate special district government.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions

of Law, it is

RECOMMENDED that the Florida Land and Water Adjudicatory

Commission, pursuant to Chapters 120 and 190, Florida

Statutes, and Chapter 42 - 1, Florida Adm inistrative Code, grant

the Petition of Circle Square Woods Community Development

District to amend Rule 42S - 1.002, Florida Administrative Code,

to contract certain lands specified herein from the Circle

Square Woods Community Development District, as refl ected on

Appendix C attached to this Report.

DONE AND ENTERED this 24th day of June, 2002, in

Tallahassee, Leon County, Florida.

___________________________________

DONALD R. ALEXANDER

Administrative Law Judge

Division of Administrative Heari ngs

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 24th day of June, 2002.

COPIES FURNISHED:

Reginald L. Bouthillier, Jr., Esquire

Greenberg Traurig, P.A.

101 East College Avenue

Tallahassee, Florida 32301

Charles Canady, General Counsel

Office of the Governor

The Capitol, Room 209

Tallahassee, Florida 32399 - 0001

Donna Arduin, Secretary

Florida Land and Water

Adjudicatory Commission

Office of the Governor

The Capitol, Room 2105

Tallahassee, Florida 32399 - 0001

Barbara Leighty, Clerk

Growth Management and Strategic Planning

The Capitol, Room 2105

Tallahass ee, Florida 32399 - 0001

Gregory M. Munson, Esquire

Florida Land and Water Adjudicatory Commission

The Capitol, Suite 029

Tallahassee, Florida 32399 - 0001

APPENDIX A

Petitioner's Witnesses at Hearing

Kenneth D. Colen, President

On Top of the World, In c.

8447 Southwest 99th Street

Ocala, Florida 34481

Philip Faranda, Vice - Chairman

On Top of the World, Inc.

8447 Southwest 99th Street

Ocala, Florida 34481

Dr. Henry H. Fishkind, President

Fishkind & Associates, Inc.

11869 High Tech Drive

Orlando, Flori da 32817

William P. Bahlke, President

Heidt & Associates, Inc.

2212 Swann Drive

Tampa, Florida 33606

Dwight D. Ganoe

Planning Director, Marion County

2631 S.E. 3rd Street

Ocala, Florida 34471 - 9101

APPENDIX B

List of Petitioner's Exhibits

1 . Petition with Exhibits:

a . Petition to Contract the Circle Square Woods

Community Development District and Exhibits 1 - 7

Petition Exhibit “1” – Location of Land Area to be

Serviced

Petition Exhibit “2” – Metes and Bound Legal

Description

Petition Exhibit “3” – Docu mentation of Consent of

100% of Landowners to Establishment of District

Petition Exhibit “4” – Documentation of Proposed

Timetables for Construction of District Services

and Estimated Cost of Constructing the Proposed

Services

Petition Exhibit “5” – Desi gnation of the Future

General Distribution, Location and Extent of

Public and Private Uses of Land Within the

District

Petition Exhibit “6A” – Future Land Use Map of the

Marion County Comprehensive Plan

Petition Exhibit “6B” – Master Development Plan

Re vised Map H

Petition Exhibit “7” – Statement of Estimated

Regulatory Costs (including Appendix A)

b . Initial Order

c . Response to Initial Order

d . Notice of Hearing

e. Petitioner’s Notice of Filing Direct Testimony

2 . Florida Statutes, Florida Administrative Code, and Marion

County Code, Ordinances, and Resolutions.

a . Chapter 190, Florida Statutes

b . Chapter 120, Florida Statutes

c . Chapter 187, Florida Statutes

d . Chapter 28 - 106, Florida Administrative Code

e . Chapter 42 - 1, Florida Administrative Code

f . Chapter 42S - 1, Florida Administrative Code

g . Marion County Code Article III: Community

Development Districts

h . Marion County Resolution No. 2001 - R - 290

i . Marion County Comprehensive Plan and Future and

Land Use Map

3 . Public Notice and Related Documents

a . Aff idavit of Publication of Notice in Star - Banner

on April 22, April 29, May 6, and May 13, 2002 with attached

example

b. Public Notice in Florida Administrative Weekly

dated May 3, 2002

4 . Correspondence, Reports, Agencas, and other documents

relevant to the proceeding

a . Letter to Florida Land & Water Adjudicating

Commission dated February 15, 2002 enclosing 12 copies of the

Petition

b . Letter to Marion County dated February 13, 2002

enclosing 6 copies of the Petition

c . Letter to Barbara Leighty, Governor’s Office of

Policy and Budget dated March 15, 2002 enclosing original,

executed, signature page for Petition

d . Letter from Office of Governor to Withlacoochee

Regional Planning Council dated March 18, 2002 requesting

comments on Petition

e . L etter to Dwight Ganoe, Director of Planning,

Marion County dated March 20, 2002

f . Letter dated April 1, 2002 to Florida Land and

Water Adjudicating Commission from Withlacoochee Region al

Planning Council with comments concluding that the change to

CDD “is not expected to create adverse effects on regional

resources, facilities or other jurisdictions” and that the

“area of land within the proposed district is of sufficient

size, is suffi ciently compact, and is sufficiently contiguous

to be developed as one functional interrelated community”

g . Letter dated March 18, 2002, from FLAWAC

transmitting Petition to DOAH

h . Letter dated March 18, 2002, from FLAWAC to the

Department of Community Affairs requesting comments on

Petition

i . Marion County Staff Report and Recommendations

dated April 2, 2002

j . Marion County Agenda “After” dated April 2, 2002

confirming County Commission’s decision not to hold the

optional p ublic hearing and waiving the $15,000 filing fee,

and certified copy of minutes confirming same (at p. 784)

k. Binding Letter of Modification to a Development of

Regional Impact with Vested Rights dated November 29, 2001

5. Witness Exhibits and Prefiled Testimony

a. Prefiled Testimony of Kenneth D. Colen

b. Prefiled Testimony of Philip Faranda

c. Prefiled Testimony of Henry Fishkind, Ph.D.

d. Resume of Henry Fishkind, Ph.D.

e. Company Profile of Fishkind & Associates

f. Prefiled Testimony of Bill Bahlke

g. Resume of Bill Bahlke

h. Prefiled Testimony of Dwight Ganoe

i. Resume of Dwight Ganoe

APPENDIX C

TEXT OF PROPOSED RULE AMENDMENT

42S - 1.002 Boundary. The boundaries of the District are as

follows:

DESCRIPTION: A parcel of land lying in Sections 13,1 4, 22

,23 and 24, Township 16 South, Range 20 East, Marion County,

Florida, being more particularly described as follows:

COMMENCING from the Southwest corner of said Section 24, also

being the Southwest corner of TRACT 9, CIRCLE SQUARE W OODS,

according to the map or plat thereof as recorded in Plat Book

“P”, Pages 30 through 103, inclusive, Public Records of Marion

County, Florida; run thence along the South boundary of said

Section 24 and TRACT 9, N.89°32’55”E., 1575.99 feet to the

South east corner of said TRACT 9, also being the POINT OF

BEGINNING; run thence along the Easterly line of said TRACT 9,

N.42°02'30"E., 1698.08 feet to the Southwest corner of TRACT

1, “CIRCLE SQUARE WOODS FIRST REPLAT”, according to the map or

plat hereof as r ecorded in Plat Book “Y”, Page 88, Public

Records of Marion County, Florida, said point being on the

Northerly Right - of - Way Line of SW 99th STREET, of said plat;

thence along said Northerly Right - of - Way Line of SW 99th

STREET, S.64°41'13"E., 17.77 feet; th ence N.42°02'30"E.,

2299.38 feet; thence N.47°57'30"W., 677.91 feet; thence

N.42°02'30"E., 477.74 feet; thence N.01°07'31"E., 1679.81

feet; thence N.88°53'20"W., 582.03 feet; thence N.81°02'45"W.,

382.09 feet; thence N.88°53'20"W., 1394.92 feet; thence

S.7 1°47'20"W., 341.94 feet; thence S.00°00'35"E., 147.11 feet

to a point on a curve, said point being on the centerline of

SW 90th STREET, of aforesaid CIRCLE SQUARE WOODS; thence along

said centerline of SW 90th STREET the following three (3)

courses: 1) Wes terly, 302.36 feet along the arc of a curve to

the right having a radius of 995.00 feet and a central angle

of 17°24'40" (chord bearing S.82°24'23"W., 301.20 feet) to a

point of reverse curvature; 2) Westerly, 161.46 feet along the

arc of a curve to the le ft having a radius of 1005.00 feet and

a central angle of 09°12'17" (chord bearing S.86°30'35"W.,

161.28 feet) to a point of tangency; 3) S.81°54'26"W., 623.63

feet to a point on the Easterly Right - of - Way Line of CIRCLE

SQUARE RANCH ROAD, of said plat; the nce along said Easterly

Right - of - Way Line of CIRCLE SQUARE RANCH ROAD the following

four (4) courses: 1) S.08°05'54"E., 234.69 feet to a point of

curvature; 2) Southerly, 1338.26 feet along the arc of a curve

to the right having a radius of 1469.04 feet an d a central

angle of 52°11'42" (chord bearing S.17°59'57"W., 1292.46 feet)

to a point of tangency; 3) S.44°05'48"W., 440.00 feet to a

point of curvature;

4) Southwesterly, 449.73 feet along the arc of a curve to the

left having a radius of 1198.84 feet and a central angle of

21°29'38" (chord bearing S.33°20'59"W., 447.10 feet); thence

S.88°53'29"E., 1033.73 feet; thence S.01°06'20"W., 1720.09

feet to a point on a curve, said point being on the Southerly

Right - of - Way Line of said CIRCLE SQUARE RANCH ROAD; th ence

along said Southerly Right - of - Way Line of CIRCLE SQUARE RANCH

ROAD, Westerly, 664.73 feet along the arc of a curve to the

right having a radius of 1297.37 feet and a central angle of

29°21'24" (chord bearing N.70°02'39"W., 657.49 feet) to a

point on t he Southerly Right - of - Way Line of STILL HOUSE HOLLOW

ROAD SOUTH, of said plat; thence along said Southerly Right -

of - Way Line of STILL HOUSE HOLLOW ROAD SOUTH the following

eight (8) courses:

1) S.36°24'03"W., 29.15 feet to a point on a curve; 2)

Westerly, 2413.15 feet along the arc of a curve to the right

having a radius of 1986.02 feet and a central angle of

69°37'06" (chord bearing S.71°05'30"W., 2267.42 feet) to a

point of tangency; 3) N.74°05'57"W., 330.00 feet to a point of

curvature; 4) Westerly, 954. 98 feet along the arc of a curve

to the left having a radius of 1793.98 feet and a central

angle of 30°30'00" (chord bearing N.89°20'57"W., 943.75 feet)

to a point of tangency; 5) S.75°24'03"W., 534.02 feet to a

point of curvature; 6) Westerly, 1677.34 fee t along the arc of

a curve to the right having a radius of 1731.61 feet and a

central angle of 55°30'00" (chord bearing N.76°50'57"W.,

1612.53 feet) to a point of tangency; 7) N.49°05'57"W., 308.29

feet; 8) N.50°45'00"W., 101.66 feet to a point of intersec tion

with the Southerly extension of the West line of Lot 12, Block

98, of said plat; thence along said West line of Lot 12, Block

98 and the Southerly extension thereof, N.24°20'57"E., 1264.73

feet to a point on a curve, said point being the Northwest

cor ner of said Lot 12, Block 98; thence along the North line

of said Block 98, also being the Southerly line of Block 96,

of said plat the following thirteen (13) courses: 1) Easterly,

291.44 feet along the arc of a curve to the left having a

radius of 1563.7 6 feet and a central angle of 10°40'42" (chord

bearing S.88°05'33"E., 291.02 feet) to a point of tangency; 2)

N.86°34'06"E., 240.00 feet to a point of curvature; 3)

Easterly, 478.65 feet along the arc of a curve to the right

having a radius of 671.63 feet and a central angle of

40°50'00" (chord bearing S.73°00'54"E., 468.59 feet) to a

point of tangency; 4) S.52°35'54"E., 185.00 feet to a point of

curvature; 5) Easterly, 471.24 feet along the arc of a curve

to the left having a radius of 570.42 feet and a ce ntral angle

of 47°20'00" (chord bearing S.76°15'54"E., 457.95 feet) to a

point of tangency;

6) N.80°04'06"E., 475.00 feet to a point of curvature; 7)

Easterly, 299.34 feet along the arc of a curve to the right

having a radius of 1837.58 feet and a central angle of

09°20'00" (chord bearing N.84°44'06"E., 299.01 feet) to a

point of tangency; 8) N.89°24'06"E., 515.00 feet to a point of

curvature; 9) Easterly, 199.65 feet along the arc of a curve

to the right having a radius of 1372.67 feet and a central

angle of 08°20'00" (chord bearing S.86°25'54"E., 199.47 feet)

to a point of tangency; 10) S.82°15'54"E., 410.04 feet to a

point on a curve; 11) Easterly, 298.98 feet along the arc of a

curve to the right having a radius of 1511.70 feet and a

central angle of 11° 19'55" (chord bearing S.76°35'52"E.,

298.50 feet) to a point of tangency; 12) S.70°55'54"E., 316.37

feet to a point of curvature; 13) Easterly, 710.93 feet along

the arc of a curve to the left having a radius of 838.60 feet

and a central angle of 48°34'24" (chord bearing N.84°46'54"E.,

689.84 feet) to a point on a curve, said point being on the

Westerly Right - of - Way Line of aforesaid CIRCLE SQUARE RANCH

ROAD; thence along said Westerly Right - of - Way Line of CIRCLE

SQUARE RANCH ROAD the following three (3) co urses: 1)

Northerly, 432.21 feet along the arc of a curve to the right

having a radius of 556.59 feet and a central angle of

44°29'32" (chord bearing N.06°52'05"W., 421.43 feet) to a

point of tangency; 2) N.15°22'41"E., 412.44 feet to a point on

a curve; 3 ) Northerly, 37.33 feet along the arc of a curve to

the right having a radius of 1278.84 feet and a central angle

of 01°40'21" (chord bearing N.16°45'27"E., 37.33 feet) to a

point on a curve, said point being on the Southerly Right - of -

Way Line of HAPPY VAL LEY RANCH ROAD SOUTH, of said plat;

thence along said Southerly Right - of - Way Line of HAPPY VALLEY

RANCH ROAD SOUTH the following ten (10) courses: 1)

Northwesterly, 38.02 feet along the arc of a curve to the left

having a radius of 25.00 feet and a central angle of 87°08'33"

(chord bearing N.26°31'37"W., 34.46 feet) to a point of

tangency; 2) N.70°05'54"W., 247.78 feet to a point of

curvature; 3) Northwesterly, 604.38 feet along the arc of a

curve to the right having a radius of 4617.12 feet and a

central a ngle of 07°30'00" (chord bearing N.66°20'54"W.,

603.95 feet) to a point of tangency; 4) N.62°35'54"W., 235.00

feet to a point of curvature; 5) Westerly, 1126.08 feet along

the arc of a curve to the left having a radius of 1654.35 feet

and a central angle o f 39°00'00" (chord bearing N.82°05'54"W.,

1104.47 feet) to a point of tangency; 6) S.78°24'06"W., 130.00

feet to a point of curvature; 7) Westerly, 1203.17 feet along

the arc of a curve to the right having a radius of 2297.89

feet and a central angle of 30 °00'00" (chord bearing

N.86°35'54"W., 1189.48 feet) to a point of tangency; 8)

N.71°35'54"W., 100.00 feet to a point of curvature; 9)

Westerly, 672.41 feet along the arc of a curve to the left

having a radius of 2201.50 feet and a central angle of

17°30'00 " (chord bearing N.80°20'54"W., 669.80 feet) to a

point of tangency; 10) N.89°05'54"W., 345.39 feet to the

Northwest corner of Lot 12, of aforesaid Block 96; thence

along the Northerly extension of the West line of said Lot 12,

Block 96, N.08°06'05"E., 80. 51 feet to a point of intersection

with the Northerly Right - of - Way Line of said HAPPY VALLEY

RANCH ROAD SOUTH of said plat; thence N.01°26'12"W., 2929.35

feet to a point on a curve, said point being on the North line

of Block 85, of said plat; thence along said North line of

Block 85 the following five (5) courses: 1) Easterly, 581.10

feet along the arc of a curve to the left having a radius of

1045.43 feet and a central angle of 31°50'52" (chord bearing

N.68°49'32"E., 573.65 feet) to a point of tangency; 2 )

N.52°54'06"E., 270.00 feet to a point of curvature; 3)

Northeasterly, 338.18 feet along the arc of a curve to the

left having a radius of 1336.31 feet and a central angle of

14°30'00" (chord bearing N.45°39'06"E., 337.28 feet) to a

point of reverse curva ture; 4) Northeasterly, 530.91 feet

along the arc of a curve to the right having a radius of

675.98 feet and a central angle of 45°00'00" (chord bearing

N.60°54'06"E., 517.37 feet) to a point of tangency; 5)

N.83°24'06"E., 177.00 feet to the Northwest corn er of said

Block 85, said point being on the Southerly Right - of - Way Line

of STILL HOUSE HOLLOW ROAD NORTH of said plat; thence along

said Southerly Right - of - Way Line of STILL HOUSE HOLLOW ROAD

NORTH the following eight (8) courses: 1) S.12°05'54"E.,

133.30 feet to a point of curvature; 2) Southeasterly, 1318.84

feet along the arc of a curve to the left having a radius of

1302.83 feet and a central angle of 58°00'00" (chord bearing

S.41°05'54"E., 1263.25 feet) to a point of tangency; 3)

S.70°05'54"E., 536.03 feet to a point of curvature; 4)

Southeasterly, 664.75 feet along the arc of a curve to the

right having a radius of 1313.35 feet and a central angle of

29°00'00" (chord bearing S.55°35'54"E., 657.67 feet) to a

point of tangency; 5) S.41°05'54"E., 310.00 feet to a point of

curvature; 6) Easterly, 1334.11 feet along the arc of a curve

to the left having a radius of 1428.77 feet and a central

angle of 53°30'00" (chord bearing S.67°50'54"E., 1286.17 feet)

to a point on the Northerly boundary of ON TOP OF THE WORLD

PHASE 1 - A, SECTION 1, according to the map or plat thereof as

recorded in Plat Book 3, Pages 70 through 76, inclusive,

Public Records of Marion County, Florida; 7) N.85°24'07"E.,

572.33 feet to a point on a curve; 8) Southeasterly, 38.06

feet along t he arc of a curve to the right having a radius of

25.00 feet and a central angle of 87°13'41" (chord bearing

S.50°59'03"E., 34.49 feet) to a point of reverse curvature,

said point being on the Easterly boundary of said ON TOP OF

THE WORLD PHASE 1 - A, SECTIO N 1, also being the Westerly Right -

of - Way Line of aforesaid CIRCLE SQUARE RANCH ROAD; thence

along said Easterly boundary of ON TOP OF THE WORLD PHASE 1 - A,

SECTION 1 and the Westerly Right - of - Way Line of CIRCLE SQUARE

RANCH ROAD, Southerly, 16.77 feet alon g the arc of a curve to

the left having a radius of 1319.24 feet and a central angle

of 00°43'42" (chord bearing S.07°44'03"E., 16.77 feet); thence

N.81°54'06"E., 80.00 feet to a point on the Easterly Right - of -

Way Line of said CIRCLE SQUARE RANCH ROAD; the nce along said

Easterly Right - of - Way Line of CIRCLE SQUARE RANCH ROAD,

S.08°05'54"E., 115.31 feet; thence N.81°54'26"E., 623.63 feet

to a point of curvature; thence Easterly, 163.06 feet along

the arc of a curve to the right having a radius of 1015.00

feet and a central angle of 09°12'17" (chord bearing

N.86°30'35"E., 162.89 feet) to a point of reverse curvature;

thence Easterly, 291.84 feet along the arc of a curve to the

left having a radius of 985.00 feet and a central angle of

16°58'32" (chord bearing N .82°37'27"E., 290.77 feet); thence

N.00°00'35"W., 146.82 feet; thence N.71°47'20"E., 350.88 feet;

thence S.88°53'20"E., 1397.31 feet; thence S.81°02'45"E.,

382.09 feet; thence S.88°53'20"E., 591.35 feet; thence

S.01°07'31"W., 132.04 feet to a point on the aforesaid

centerline of SW 90th STREET; thence along said centerline of

SW 90th STREET, S.88°53'16"E., 1008.63 feet to a point on a

curve, said point being a point of intersection with the

Westerly Right - of - Way Line of SW 80th AVENUE; thence along

said Wes terly Right - of - Way Line of SW 80th AVENUE the

following four (4) courses: 1) Southerly, 414.32 feet along

the arc of a curve to the right having a radius of 3550.00

feet and a central angle of 06°41'13" (chord bearing

S.07°52'03"W., 414.09 feet) to a point of tangency; 2)

S.11°12'40"W., 1246.58 feet to a point on a curve; 3)

Southerly, 911.46 feet along the arc of a curve to the left

having a radius of 1141.00 feet and a central angle of

45°46'09" (chord bearing S.10°23'50"E., 887.42 feet) to a

point of tan gency; 4) S.33°16'55"E., 423.46 feet to a point

on the Northwesterly Right - of - Way Line of STATE ROAD NO. 200;

thence along said Northwesterly Right - of - Way Line of STATE

ROAD NO. 200 the following thirteen (13) courses: 1)

S.42°02'30"W., 198.60 feet; 2) N. 47°57'30"W., 3.00 feet; 3)

S.42°02'30"W., 225.00 feet; 4) S.47°57'30"E., 3.00 feet; 5)

S.42°02'30"W., 600.00 feet; 6) N.47°57'30"W., 7.00 feet; 7)

S.42°02'30"W., 400.00 feet; 8) S.47°57'30"E., 10.00 feet; 9)

S.42°02'30"W., 953.67 feet; 10) S.89°59'10"W., 2 9.67 feet; 11)

S.42°02'30"W., 96.00 feet; 12) S.05°07'22"E., 30.04 feet; 13)

S.42°02'30"W., 761.51 feet to a point on the aforesaid South

boundary of Section 24; thence along said South boundary of

Section 24 the following two (2) courses: 1) S.89°15'29"W .,

396.42 feet to the Southeast corner of the Southwest ¼ of said

Section 24; 2) S.89°32'55"W., 1064.70 feet to the POINT OF

BEGINNING.

Containing 718.766 acres, more or less.

Specific Authority 120.53(1), 190.005 F.S. Law Implemented

190.004, 190.005 F .S. History - New