03-004609 In Re: Petition For Rule Creation - Arborwood Community Development District vs. * Status: Closed Recommended Order on Tuesday, February 24, 2004.

Summary: The local public hearing was held on the petition to establish a community development district. The received evidence supports the petition.

STATE OF FLORDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: PETITION FOR RULE )

CREATION – ARBORWOOD ) Case No. 03 - 4609

COMMUNITY DEVELOPMENT )

DISTRICT )

ADMINISTRATIVE LAW JUDGE’S REPORT TO

THE FLORIDA LAND AND WATER ADJUD ICATORY COMMISSION

On January 28, 2004, a local public hearing under Section

190.005(1)(d), Florida Statutes (2003), was conducted in Fort

Myers, Florida, by Charles A. Stampelos, Administrative Law

Judge (ALJ) of the Division of Administrative Hearings (DOAH).

APPEARANCES

For Petitioner: Jonathan T. Johnson, Esquire

Chasity H. O’Steen, Esquire

Hopping Green & Sams, P.A.

123 South Calhoun Street

Tallahassee, Florida 32301

STATEMENT OF THE ISSUE

The issue before the Florida Land and Water A djudicatory

Commission (FLWAC) in this proceeding is whether to grant the

Petition to Establish the Arborwood Community Development

District (Petition), dated November 17, 2003. The local public

hearing was conducted for the purpose of gathering informati on

in anticipation of rulemaking by FLWAC.

PRELIMINARY STATEMENT

On November 17, 2003, the Petition was filed by Worthington

Holdings Southwest, L.L.C. (Petitioner). It requested that

FLWAC adopt a rule to establish a uniform community development

d istrict, to be called the Arborwood Community Development

District (District), on certain property in the City of Fort

Myers (City), Lee County, Florida. The Petition includes nine

exhibits.

On December 9, 2003, FLWAC referred the Petition to DOAH for

the assignment of an ALJ to conduct a local public hearing under

Section 190.005(1)(d), Florida Statutes (2003). The local

public hearing before the ALJ was scheduled and was held at

1:00 p.m., on January 28, 2004, in the East Room of the Lee

County Old Courthouse, located at 2120 Main Street, in Fort

Myers, Lee County, Florida. At the local public hearing,

Petitioner presented the testimony of John Asher, employed by

Worthington Holdings Southwest, L.L.C., of Fort Myers, Florida;

Rhonda Archer Mossing, employed by Severn Trent Services, Inc.,

of Kingston, Tennessee; Carron Day, employed by WilsonMiller,

Inc., in Fort Myers, Florida; and Joshua Reese Evans, employed

by WilsonMiller, Inc., in Fort Myers, Florida. Petitioner also

introduced eleven exhibits , designated Composite Exhibit A

through Exhibit K, which are described in page 2 of the

Transcript of the Record. On February 6, 2004, Petitioner filed

two late - filed exhibits, Revised Exhibit 1, the Statement of

Estimated Regulatory Costs, and Revised E xhibit 2, Resolution

No. 04 - 0135 adopted by the Board of County Commissioners of Lee

County, Florida. No one from the public appeared at the

hearing.

The Transcript of the local public hearing was filed on

February 12, 2004. Petitioner filed a Propos ed ALJ’s Report to

FLWAC, which has been considered in the preparation of this

Report.

SUMMARY OF RECORD

A. Petition and Related Matters

1. The Petition was submitted to FLWAC, Lee County and the

City of Fort Myers, Florida.

2. The Petition alleges th at the land proposed to be

included within the District is located in the City of Fort

Myers, Lee County, Florida. Petition Exhibit 1 depicts the

general location of the District. The proposed District covers

approximately 2,479.13 acres of land. See pa ragraphs 21 - 23, 29,

and 47. The metes and bounds description of the external

boundaries of the District is set forth in Petition Composite

Exhibit 2.

3. Petition Exhibit 3 incorporates the written consents to

the establishment of the District by the ow ners of 100 percent

of the real property to be included within the District. Lands

to be included within the District are owned by Worthington

Holdings Southwest, L.L.C., and the Gould Estate.

4. The Petition states that the name of the proposed

District will be the Arborwood Community Development District.

5. The Petition identifies the following names and

addresses as those individuals designated as the five initial

members of the Board of Supervisors of the District:

Name Address

John Gnagey 9240 Marketplace Road, Suite 2

Fort Myers, Florida 33912

Jeff Darragh 9240 Marketplace Road, Suite 2

Fort Myers, Florida 33912

Glenn Cribb ett 9240 Marketplace Road, Suite 2

Fort Myers, Florida 33912

John Asher 9240 Marketplace Road, Suite 2

Fort Myers, Florida 33912

Ron Zul 9240 Marketplace Road, Suite 2

Fort Myers, Florida 33912

6. Petition Exhibit 4 depicts the existing land uses

within and abutting the District. The Petition alleges that the

lands within the District are undeveloped, and the property has

been annexed into the City. The Petition alleges that lands

within the District are currently zoned AG - 2 and IL.

7. The future general distribution, location and extent of

the public and private land uses within the District are shown

in Petition Exhibit 5. Arborwood will be a mixed - use

develo pment, and the District proposes to construct

approximately four thousand and fifty (4,050) single - family

units, two thousand four hundred and fifty (2,450) multi - family

units and one hundred seventy thousand (170,000) feet of retail

and office uses.

8. T he Petition alleges that there are currently no major

trunk water mains, sewer interceptors or outfalls in the area

within the District, and this is illustrated in Petition Exhibit

6.

9. The Petition alleges, based upon currently available

data, the propo sed timetable for the construction of District

services and facilities. The types of facilities and services

and the cost of constructing the proposed facilities and

services, based on available data, are shown in Petition Exhibit

7. This is alleged to b e a good faith estimate, but it is not

binding on Petitioner or the District and is subject to change.

10. The Petition alleges and incorporates in its Exhibit 8

a Statement of Estimated Regulatory Costs (SERC) prepared in

accordance with the requirements of Section 120.541, Florida

Statutes (2003).

11. The Petition alleges that the authorized agent of

Petitioner is John Asher. An executed copy of the authorization

of agent is provided in Petition Exhibit 9.

12. The Petition alleges that Petitioner subm itted a copy

of the Petition with Exhibits to the City and to Lee County with

the required filing fee of $15,000 for each local government

entity in accordance with Section 190.005(2)(b), Florida

Statutes (2003).

13. The Petition alleges that establishmen t of the

District should be granted for the following reasons:

a. Establishment of the proposed District and

all land uses and services planned within the

proposed District are not inconsistent with

applicable elements and portions of the effective

State Comprehensive Plan or the local

Comprehensive Plan.

b. The area of land within the proposed

District is part of a planned community. It is

of sufficient size, compactness and contiguity to

be developed as one functional and interrelated

community.

c. Establ ishment of the proposed District will

prevent the general body of taxpayers in the City

from bearing the burden for installation of the

infrastructure and the maintenance of certain

facilities within the development encompassed by

the proposed District. T he proposed District is

the best alternative for delivering community

development services and facilities to the

proposed community without imposing an additional

burden on the general population of the local

general - purpose government. Establishment of t he

proposed District in conjunction with a

comprehensively planned community, as proposed,

allows for a more efficient use of resources.

d. The community development services and

facilities of the proposed District will not be

incompatible with the capacity and use of

existing local and regional community development

services and facilities. In addition,

establishment of the proposed District will

provide a perpetual entity capable of making

reasonable provisions for the operation and

maintenance of the pro posed District services and

facilities.

e. The area to be served by the proposed

District is amenable to separate special - district

government.

A. Additional Information from Local Public Hearing

14. The local public hearing on the Petition was noticed

and held o n January 28, 2004, in the East Room of the Lee County

Old Courthouse, located at 2120 Main Street, in Fort Myers, Lee

County, Florida, an accessible location in Fort Myers, Lee

County, Florida. Pursuant to Section 190.005(1)(d), Florida

Statutes (2003), notice of the public hearing was advertised on

December 31, 2003, and January 7, 14 and 21, 2004, in the Fort

Myers News - Press, a newspaper of general paid circulation in Lee

County, and of general interest and readership in the community,

not one of limit ed subject matter, pursuant to Chapter 50,

Florida Statutes. The published notices gave the time and place

for the hearing; a description of the area to be included within

the District, including a map showing the land to be included

within the District; and other relevant information. The

advertisement was published as a display advertisement, not in

the portion of the newspaper where legal notices and classified

advertisements appear.

15. The hearing commenced at 1:00 p.m., the time

advertised in the pub lished notice. Counsel for Petitioner made

appearances. Only the four witnesses of Petitioner testified at

the hearing. No members of the public were in attendance at any

time during the hearing.

16. The first witness for Petitioner was John Asher.

Mr. Asher is employed by Worthington Holdings Southwest, L.L.C.,

as project manager. Mr. Asher is the person within Worthington

Holdings Southwest, L.L.C., who is responsible for the Arborwood

development.

17. Mr. Asher testified that he had previously pre - f iled

ten pages of direct testimony dealing with the preparation and

content Petition. Mr. Asher testified that there were no

changes or corrections to his pre - filed testimony, and it was

received into the record. Exhibits JPA - 1 through JPA - 4 were

marked as Hearing Exhibits B, C, D and E, consecutively, and

moved into evidence.

18. Mr. Asher identified the affidavit of publication of

the notice of the public hearing, which has been published in

the Fort Myers News - Press in the manner and form prescribed by

Section 190.005, Florida Statutes (2003). This affidavit was

marked as Hearing Exhibit F and admitted into evidence.

19. Mr. Asher identified the executed Annexation Agreement

that had been entered into by Worthington Holdings Southwest,

L.L.C., and the C ity for the Arborwood property. Section 3.01

of the Annexation Agreement evidences the City’s intent to

support a community development district for the Arborwood

project. The Annexation Agreement was marked as Hearing Exhibit

G and admitted into evidenc e. Mr. Asher confirmed that the City

has elected not to hold its optional public hearing to consider

the Petition under Section 190.005, Florida Statutes (2003).

20. Mr. Asher testified that the County held its optional

hearing to consider the Petition, and that he was in attendance.

Mr. Asher testified that the County unanimously approved a

resolution in support of the Petition. See Resolution No.

04 - 0135.

21. Three of the Petition Exhibits in Composite Hearing

Exhibit A had been revised subsequent to th e filing with FLWAC.

Mr. Asher testified that the legal description of the District

has been revised because a twelve - acre overlap between the

boundaries of the District and the currently existing Gateway

Services Community Development District, which bor ders the

District, was discovered. Mr. Asher testified that the legal

description originally filed as Petition Exhibit 2 has been

revised to except the twelve - acre parcel, which is a finger -

shaped road right - of - way from Treeline Avenue that runs south

fro m Colonial Parkway and that encroaches into the Arborwood

property. Mr. Asher testified that the legal description has

been amended after discussion with the FLWAC, which has

expressed a desire to avoid an overlap in the boundaries of the

District and the neighboring Gateway Services Community

Development District. The revised legal description of the

District was marked as Hearing Exhibit H and moved into

evidence.

22. Mr. Asher testified that Petition Exhibit 4, the

existing land use map, has been revi sed to reflect the revised

boundaries of the District. The revised existing land use map

of the District was marked as Hearing Exhibit I and moved into

evidence.

23. Mr. Asher testified that Petition Exhibit 6, the

existing infrastructure map, has been rev ised to reflect the

revised boundaries of the District. The revised existing land

use map of the District was marked as Hearing Exhibit J and

moved into evidence.

24. The next witness for Petitioner was Rhonda Archer

Mossing. Ms. Archer is employed by Sev ern Trent Services, Inc.,

where she serves as vice president of operations. Her

responsibilities include the administration, accounting,

budgeting, assessing and collecting and bond financing relating

to special districts. Based upon her credentials, edu cation and

experience with special district matters, Ms. Archer was

designated and accepted as an expert witness in the field of

special district management and economic analysis.

25. Ms. Archer testified that she had previously pre - filed

eleven pages of di rect testimony relating to the preparation of

the SERC, the management of the District and whether the

District is of sufficient size to be efficiently and

economically managed as a community development district.

Ms. Archer testified that there were no c hanges or corrections

to her pre - filed testimony, and it was received into the record.

26. Ms. Archer testified that she reviewed the change in

the boundaries of the District and Hearing Exhibits H, I, and J,

and that the change to the boundary of the Distr ict did not

change her expert opinion in any way. Ms. Archer testified that

it is her expert opinion that the District is of sufficient

size, compactness and contiguity to be developed as a

functionally interrelated community.

27. Ms. Archer testified that it is her expert opinion

that the District is the best alternative available to provide

the community development services and facilities to the

Arborwood project. Ms. Archer testified that it is her expert

opinion that from a management perspective the services and

facilities to be provided by the District would not be

incompatible with any existing local or regional uses.

Ms. Archer testified that it is her expert opinion that from a

management perspective the lands to be included within the

District a re amenable to being served by a separate special

district government.

28. Ms. Archer testified that from an economic perspective

the District is the best alternative available for delivering

the proposed facilities and services. Ms. Archer testified that

fr om an economic analysis perspective the land to be included

within the District is of sufficient size, compactness and

contiguity to be developed as a functional, interrelated

community. Ms. Archer testified that from an economic analysis

perspective the lands to be included within the District are

amenable to being served by a separate special district

government.

29. Ms. Archer identified Petition Exhibit 8, the SERC.

Ms. Archer testified that she had prepared the SERC and the only

change to the SERC was the reduction in the acreage of the

District from 2,479.13 acres to 2,466.85.

30. The next witness for Petitioner was Carron Day.

Ms. Day is employed by WilsonMiller, Inc., as the regional

planning manager for southwest Florida. Based upon her

qualificat ions and credentials, Ms. Day was designated and

accepted as an expert witness in the field of land planning and

comprehensive plan analysis.

31. Ms. Day testified that she had previously pre - filed

nine pages of direct testimony evaluating the consistency o f the

District with the State of Florida Comprehensive Plan and also

with the growth management plan of the City. Ms. Day testified

that her pre - filed testimony also analyzed whether the District

is of sufficient size, compactness and contiguity to be

dev eloped as a single community. Ms. Day testified that there

were no changes or corrections to her pre - filed testimony, and

it was received into the record.

32. Ms. Day identified Chapter 187 of the Florida

Statutes, the State Comprehensive Plan, which was m arked as

Exhibit K and moved into evidence. Ms. Day testified that in

her expert opinion the establishment of the District is not

inconsistent with any element or portion of the effective State

or City Comprehensive Plans.

33. Ms. Day testified that she re viewed the change in the

boundaries of the District and Hearing Exhibits H, I and J.

Ms. Day testified that in her expert opinion the establishment

of the District would not be incompatible with the capacity and

usage of existing local and regional facili ties and services.

Ms. Day testified that in her expert opinion the land to be

included within the District is amenable to separate special

district government. Ms. Day testified that in her expert

opinion the District is the best alternative for provid ing

community development services and facilities to the area within

the District. Ms. Day testified that with the slight change in

the District’s boundaries her expert opinions remained the same.

34. Ms. Day testified that the City had recently adopted

nec essary comprehensive plan and future land use amendments to

allow for the development of the lands within the District to

proceed in accordance with the development plan. Ms. Day

testified that the amendment to the City’s comprehensive plan

has been adopt ed by the City and transmitted to the DCA for

review. Ms. Day testified that the amendments address the

development of the land, not the establishment of the District.

35. The next witness for Petitioner was Joshua Reese

Evans. Mr. Evans is employed by Wil sonMiller, Inc., and is a

registered professional engineer. Based upon his qualifications

and experience with community development districts, Mr. Evans

was designated and accepted as an expert witness in the field of

civil engineering.

36. Mr. Evans testi fied that he had previously pre - filed

four pages of direct testimony that analyzed, from an

engineering perspective, the accuracy and consistency of the

Petition exhibits and cost estimates with applicable statutes.

Mr. Evans testified that there were n o changes or corrections to

his pre - filed testimony, and it was received into the record.

37. Mr. Evans testified that he had reviewed the slight

change in the District’s boundaries, and his expert opinions

remained the same. Mr. Evans testified that in hi s expert

opinion the District is the best alternative to provide services

and facilities to the area within the District. Mr. Evans

testified that in his expert opinion the services and facilities

to be provided by the District would be compatible with th e

capacities and uses of existing local and regional community

development services and facilities. Mr. Evans testified that

in his expert opinion the lands to be included within the

District are amenable to being served as a separate special

district loc al government.

38. Petitioner introduced several documents that were

accepted into evidence:

Composite Exhibit A

Petition and exhibits that were filed with the FLWAC

on November 17, 2003.

Exhibit B

Exhibit JPA - 1 to Written Testimony of Mr. Asher

consisting of a letter from the FLWAC certifying that

all required elements of Section 190.005(1)(a),

Florida Statutes (2003), are contained in the

Petition. The letter also requests assignment of an

ALJ as provided by Florida Administrative Code Rule

42 - 1.009(1)(b) , and that DOAH conduct a local public

hearing pursuant to Section 190.005(1)(d), Florida

Statutes (2003).

Exhibit C

Exhibit JPA - 2 to Written Testimony of Mr. Asher

consisting of the Notice of Receipt of Petition to

establish the Arborwood Community Dev elopment

District, which was published in the Florida

Administrative Weekly in Volume 30, Number 2, on

January 9, 2004, pages 204 - 05. The Notice also

provided information regarding the local public

hearing to establish the District.

Exhibit D

Exhibit JPA - 3 to Written Testimony of Mr. Asher

consisting of a letter from the Office of the FLWAC,

dated December 8, 2003, to the Department of Community

Affairs (DCA) requesting a review of the enclosed

Petition to establish the District from the standpoint

of the DCA and the requirements of Chapter 190,

Florida Statutes.

Exhibit E

Exhibit JPA - 4 to Written Testimony of Mr. Asher

consisting of a letter from the DCA stating that

Arborwood is a proposed development that is currently

undergoing development of regi onal impact review. The

letter also states that the DCA reviewed the Petition

to establish the District and found no potential

inconsistency with Chapter 163, Florida Statutes.

Exhibit F

Affidavit of Publication from the Fort Myers News -

Press newspaper , providing evidence that the public

hearing notice for this hearing was published on

December 31, 2003, and January 7, 14 and 21, 2004, in

accordance with the requirements of Section

190.005(1)(d), Florida Statutes (2003).

Exhibit G

Annexation agreement between Worthington Holdings

Southwest, L.L.C., and the City of Fort Myers, Lee

County, Florida, executed September 3, 2003.

Exhibit H

Revised Petition Exhibit 2 showing the metes and

bounds legal description of the external boundary of

the District.

Exhibit I

Revised Petition Exhibit 4 depicting the existing land

uses within and abutting the District.

Exhibit J

Revised Petition Exhibit 6 showing that no current

major trunk water mains, sewer interceptors or

outfalls exist within the boundary of th e District.

Exhibit K

State Comprehensive Plan, Chapter 187, Florida

Statutes.

APPLICABLE LAW

A. General

39. Section 190.005(1), Florida Statutes (2003), provides

that the sole means of establishing a community development

district (CDD) of 1,000 acres or more shall be by rule adopted

by the FLWAC in granting a petition for the establishment of a

CDD.

40. Section 190.005(1)(a), Florida Statutes (2003),

requires that an establishment petition be filed with the FLWAC

and submitted to the applicable local gov ernment entity. The

petition must provide a metes and bounds legal description of

the area to be serviced by the CDD with a specific description

of real property to be excluded from the district, if any. The

petition must establish that petitioner has re ceived the written

consent of the landowners of 100 percent of the real property

proposed to be included within the CDD or documentation

“demonstrating that the petition has control by deed, trust

agreement, contract, or option . . . .” The petition must

designate the name of the CDD and the five initial members of

the board of supervisors. The petition also must contain a map

showing current major trunk water mains and sewer interceptors

and outfalls, if any.

41. Section 190.005(1)(a), Florida Statutes (200 3), also

requires that the petition propose a timetable for construction

of CDD services and facilities and an estimate of construction

costs. The petition must designate future general distribution,

location and extent of public and private uses of lad i n the

future land use element of the applicable general - purpose local

government. The petition must contain a Statement of Estimated

Regulatory Costs.

42. Section 190.005(1)(b), Florida Statutes (2003),

requires that petitioner serve a copy of the establishm ent

petition and pay a filing fee of $15,000 to the county and to

each municipality whose proposed boundary is within or

contiguous to the CDD.

43. Section 190.005(1)(c), Florida Statutes (2003),

permits the general purpose local governments described in the

preceding paragraph to conduct a public hearing on the petition.

These local government entities may then present resolutions to

the FLWAC as to the establishment of a CDD on the property

identified in the petition. In this case, the Board of County

Comm issioners of Lee County, Florida, adopted a resolution

supporting the establishment of the District on January 27,

2004. The Board of City Commissioners of Fort Myers, Florida,

opted not to hold a public hearing or adopt a resolution

regarding the establi shment of the District.

44. Section 190.005(1)(d), Florida Statutes (2003),

requires an ALJ to conduct a local public hearing pursuant to

Chapter 120, Florida Statutes. See In Re: Petition for Rule

Creation – Pine Island Community Development District , Case No.

03 - 3892, 2004 WL 112814, at *8 n.1 (DOAH Jan. 22, 2004). “The

hearing shall include oral and written comments on the petition

pertinent to the factors specified in paragraph (e).” Section

190.005(1)(d), Florida Statutes (2003), requires the petitione r

to publish notice of the local public hearing in a newspaper at

least once a week for the four successive weeks immediately

prior to the hearing.

B. Factors by Law to be Considered for Granting or Denying

Petition

45. Pursuant to Section 190.005(1)(e), Flor ida Statutes

(2003), the FLWAC shall consider the entire record of the local

hearing, the transcript of the hearing, any resolutions adopted

by local general - purpose governments as provided in paragraph

(c) and the following factors to make a determination to grant

or deny a petition for establishment of a CDD:

1. Whether all statements contained within the

petition have been found to be true and correct.

2. Whether the establishment of the district is

inconsistent with any applicable element or portion of the state

comprehensive plan or of the effective local government

comprehensive plan.

3. Whether the area of land within the district is of

sufficient size, is sufficiently compact, and is sufficiently

contiguous to be developable as one functional interrelated

community.

4. Whether the district is the best alternative

available for delivering community development services and

facilities to the area that will be served by the district.

5. Whether the community development services and

facilities to be provided by th e district will be incompatible

with the capacity and uses of existing local and regional

community development services and facilities.

6. Whether the area that will be served by the

district is amenable to separate special - district government.

COMPARISON O F INFORMATION IN RECORD TO APPLICABLE LAW

A. Procedural Requirements

46. The evidence was that Petitioner satisfied the

procedural requirements for the establishment of the District on

the proposed property by filing the Petition in the proper form

and with the required attachments, paying the $15,000 filing fee

to each local government, and publishing statutory notice of the

local public hearing.

B. Six Factors of Section 190.005(1)(e)1 - 6, Florida

Statutes (2003)

47. The evidence was that the statements in the P etition

and its attachments, as amended, are true and correct.

48. The evidence was that establishment of the District is

not inconsistent with the State and City of Fort Myers

Comprehensive Plans.

49. The evidence was that the size, compactness and

contiguity o f the land proposed to be included within the

District are sufficient for it to be developed as “one

functional interrelated community.”

50. The evidence was that the District is the best

available alternative available for delivering community

development se rvices and facilities to the area that will be

served by the District.

51. The evidence was that the services and facilities to

be provided by the District will be compatible with the capacity

and uses of existing local and regional community development

serv ices and facilities.

52. The evidence was that the area proposed to be served

by the District is amenable to separate special - district

government.

CONCLUSION

Section 190.005(1)(e), Florida Statutes (2003), states that

the FLWAC “shall consider the entire r ecord of the local

hearing, the transcript of the hearing, resolutions adopted by

local general - purpose governments,” and the factors listed in

that subparagraph. Based on the record evidence, the Petition,

as amended, appears to meet all statutory requir ements, and

there appears to be no reason not to grant the Petition, as

amended, and establish the proposed Arborwood Community

Development District by rule. For purposes of drafting such a

rule, a metes and bounds description of the proposed Arborwood

Co mmunity Development District may be found as Hearing Exhibit

H, which revises Petition Exhibit 2. Also, the five persons

designated to serve as the initial members of the Board of

Supervisors of the Arborwood Community Development District are

identified in paragraph 5 of the Petition.

DONE AND ENTERED this 24th day of February, 2004, in

Tallahassee, Leon County, Florida.

S

__________________________________

Charles A. Stampelos

Administrat ive Law Judge

Division of Administrative Hearings

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 February, 2004.

COPIES FURNISHED :

Michael P. Hansen, Secretary

Florida Land and Water Adjudicatory Commission

The Capitol, Room 2105

Tallahassee, Florida 32399 - 0001

Barbara Leighty, Clerk

Growth M anagement and Strategic Planning

The Capitol, Room 2105

Tallahassee, Florida 32399 - 0001

Raquel A. Rodriguez, General Counsel

Office of the Governor

The Capitol, Room 209

Tallahassee, Florida 32399 - 0001

Jonathan T. Johnson, Esquire

Hopping Green & Sams , P.A.

123 South Calhoun Street

Tallahassee, Florida 32301

Heidi Hughes, General Counsel

Department of Community Affairs

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399 - 2100