10-010434 In Re: Petition To Dissolve The Circle Square Woods Community Development District vs. * Status: Closed Recommended Order on Friday, March 25, 2011.

Summary: Petitioner presented sufficient evidence to establish the factors that qualify it to dissolve the district.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: PETITION TO DISSOLVE )

THE CIRCLE SQUARE WOODS ) Case No. 10 - 10434

COMMUNITY DEVELOPMENT DISTRICT )

)

REPORT TO THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

Pursuant to s ection 190.005 (1)(d) , Florida Statutes , 1/ a

local public hearing was conducted on February 15, 2011 , before

Bram D.E. Canter , an Administrative Law Judge of the Division of

Administrative Hearings, in Ocala , Florida.

The hearing w as conducted for the purpose of receiving

testimony and exhibits and for taking any public comment s on the

petition to dissolve the Circle Square Community Development

District located in Marion County. This Report of the public

hearing is made for the co nsideration of the Florida Land and

Water Adjudicatory Commission ("Commission") in its determination

whether to repeal the rule that created t he d istrict.

APPEARANCES

F or Petitioner: Gerald R. Colen , Esquire

7243 Bryan Dairy Road

Largo, Florida 3 3777

STATEMENT OF THE ISSUE

The issue to be determined is whether the dissolution of

the district complies with chapter 190 , Florida Statutes , and

whether the hearing process has been conducted in accordance

with the requirements of chapter 190 and Flor ida Administrative

Code Chapter 42 - 1 .

PRELIMINARY STATEMENT

On August 10, 2010, Petitioner s filed a petition to

dissolve the district. The Commission determined that the

petition was insufficient and Petitioner filed an amended

petition on October 11, 20 10. The Commission then referred the

p etition to the Division of Administrative Hearings ("DOAH") to

conduct a local public hearing.

At the local public hearing held on February 15, 2011 ,

Petitioner presented the testimony of three witnesses: George

Fli nt, Richard Belz, and Kenneth Colen. Petitioner also

introduced 9 exhibits, designated 1 through 9 . A post - hearing

exhibit was submitted by Petitioner and has been admitted into

the record as Exhibit 10. No member of the general public

attended the hear ing .

After the close of the public hearing, the record was left

open for 10 days for the submi ttal of written comments from the

public in support of or in opposition to the p etition, as

allowed by Florida Administrative Code Rule 42 - 1.012. No

written sta tements were submitted to DOAH.

The one - volume T ranscript of the local public hearing was

filed with DOAH o n March 7, 2011 . Petitioners timely submitted

a proposed report, which was considered in the preparation of

this Report.

SUMMARY OF THE HEARING AND RECORD

1. Pursuant to section 190.046(9), if a community

development district ("CDD") has no financial obligations and no

operating or maintenance responsibilities, and the CDD was

established by rule of the Commission, the CDD may be dissolved

by the C ommission's repeal of the rule.

Whether the District has No Financial Obligations and No

Operating or Maintenance Responsibilities

2 . On August 2, 2002, the Circle Square CDD entered into

an interlocal agreement with the nearby Bay Laurel Center CDD.

P ursuant to the agreement, Bay Laurel Center CDD "assumes and

absolutely relieves" Circle Square CDD of its obligation s to

provide water, sewer, and reclaimed water services in the Circle

Square CDD. In consideration of Bay Laurel Center CDD's

a ssumption o f these utility obligations, Circle Square CDD

transferred and assigned all of its utility system to Bay Laurel

Center CDD.

3 . On May 4, 2004, Marion County entered into an

interlocal agreement with Bay Laurel Center CDD. Pursuant to

the agreement, Mari on County granted authority to Bay Laurel CDD

to provide water, sewer, and reclaimed water services to

residents within Circle Square CDD.

4 . Following Bay Laurel Center CDD's assumption of utility

service s obligations within the Circle Square CDD, Circl e Square

CDD no longer ha s local government functions to perform. The

district does not own and is not responsible for the operation

o r maintenance of streets, parks or other open space, or

stormwater facilities. The streets, open space, and stormwater

f acilities within the district are the responsibility of a

homeowners association.

5 . The Circle Square CDD is now inactive. On May 18,

2010 , the Board of Supervisors of the district passed Resolution

2010 - 02, which asserts that the district has no finan cial

obligations or operating and maintenance responsibilities.

Whether the D istrict was E stablished by R ule of the Commission

6 . The District was established by the Commission by its

adoption of Florida Administrative Code Rule 42S - 1.

Statement of Estima ted Regulatory Costs

7 . Because the District would cease to exist after its

dissolution, there would be no regulatory costs associated with

the dissolution b eyond the administrative costs related to the

repeal of chapter 40S - 1.

O ther Relevant Matters

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

publish notice of the local public hearing in a newspaper of

general circulation in Marion County for four consecutive weeks

prior to the hearing. The notice was published in the Star

Banner , a newspaper of general circulation in Marion County , for

four consecutive weeks, on January 18, January 25, February 1,

and February 8, 20 11 .

9 . A copy of the petition was provided to Marion County,

the Withlacoochee Regional Planning Council, and the Department

of Community Affairs. These entities chose not to respond to

the petition or to attend the local public hearing.

C ONCLUSIONS OF LAW

10 . This proceeding is governed by c hapter 190, Florida

Statutes. Section 190.046( 9 ), provides for the dissolution of a

com munity development district . It states that, if a district

has no financial obligations and no operating or maintenance

responsibilities, it can be dissolved by the Commission's repeal

of the rule that created the district.

1 1 . The amended petition cont ained all of the information

required by chapter 190.

1 2 . T he Petitioner presented sufficient evidence to

establish the factors that are necessary to qualify for

dissolution of the district as set forth in section 190.0 46(9).

1 3 . The petition contains a Statement of Estimated

Regulatory Costs in accordance with the requirements of s ection

120.541.

1 4 . The local public hearing was properly noticed as

required by section 190.005(1)(d) . The local public hearing was

held and affected units of general - purpos e local government and

the general public were afforded an opportunity to comment on

the proposed merger as required by section 190.005(1)(d) and

rule 42 - 1.012. No member of the public offered an oral or

written statement at the public hearing and no writ ten

statements were submitted after the hearing.

CONCLUSION

Based on the record evidence, the petition meet s all

statutory requirements, and there appears no reason not to grant

the p etition to dissolve the Circle Square CDD by the repeal of

chapter 40S - 1 by the Commission .

REPORT SUBMITTED this 25th day of March, 2011, in

Tallahassee, Leon County, Florida.

S

BRAM D. E. CANTER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalac hee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 25th day of March , 2011 .

ENDNOTE

1/ All statutory references are to Florida Statutes (20 10 ).

COPIES FURNISHED :

Barbara Leighty, Clerk

Growth Management and Strategic

Planning

The Capitol, Room 1802

Tallahassee, Florida 32399 - 0001

Gerald R. Colen, Esquire

7243 Bryan Dairy Road

Largo, Florida 33777

Carly Ann Hermanson, Esq uire

Office of the Governor

The Capitol

400 South Monroe Street, Room 209

Tallahassee, Florida 32399 - 6536

Jerry McDaniel, Director

Office of the Governor

The Capitol, Room 1802

Tallahassee, Florida 32399 - 1001

Charles Trippe, General Counsel

Office of the Governor

The Capitol, Suite 209

Tallahassee, Florida 32399 - 1001