NOTICE OF RECEIPT OF PETITION
TUSCANO COMMUNITY DEVELOPMENT DISTRICT
On January 20, 2006, the Florida Land and Water Adjudicatory Commission (“FLWAC” or “Commission”) received a petition to establish the Tuscano Community Development District (the “District”). The petition was corrected on February 3, 2006. The Commission will follow the requirements of Chapter 42-1, Florida Administrative Code (FAC), as amended, and Chapter 190, Florida Statutes (F.S.), as amended, in ruling on this petition, as corrected.
SUMMARY OF CONTENTS OF PETITION: The petition, as corrected, filed by Tuscano, LLC, requests the Commission establish a community development district located entirely within the unincorporated limits of Sarasota County, Florida. The land area proposed to be served by the District comprises approximately 2,353.80 acres. A general location map is contained as Exhibit 1 to the petition, as corrected, to establish the District. The proposed land area is bounded on the north by U.S. 41; the east by the City of North Port; the south by Manasota Beach Road; and on the west by a single family subdivision. There is no developable real property within the proposed CDD boundaries which is to be excluded from the District. The Petitioner either owns or has obtained written consent to establish the District from the landowners of one hundred percent (100%) of real property located within the proposed District. The District is designed to provide infrastructure, services, and facilities along with certain ongoing operations and maintenance to the Tuscano Development comprising 1584 residential units.
SUMMARY OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition, as corrected, to establish the District. The complete text of the SERC is contained as Exhibit 7 to the petition, as corrected. The scope of the SERC is limited to evaluating the regulatory costs consequences of approving the proposal to establish the District. The requirements for a SERC are found in Section 120.541(2), F.S. A SERC must contain (a) a good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a description of the types of individuals likely to be affected by the rule; (b) a good faith estimate of the costs to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues; (c) a good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule; (d) an analysis of the impact on small businesses, small counties, and small cities; (e) any additional information that the agency determines may be useful; and (f) any good faith written proposal submitted under section (a) and either a statement adopting the alternative or a statement rejecting the alternative in favor of the proposed rule. Addressing section (a), the principal entities that are likely to be required to comply with the rule include the District, the State of Florida, and Sarasota County. In addition, current and future property owners will be affected by the establishment of the proposed District. Under section (b), FLWAC and the State of Florida will incur modest administrative costs. Sarasota County will incur modest costs resulting from the initial review and on-going costs resulting from the on-going administration of the District. There is a $15,000 filing fee paid to Sarasota County to offset any costs it may incur. Adoption of the proposed rule to approve the formation of the District will not have an adverse impact on State and local revenues. Addressing section (c), 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. The District may issue notes, bonds, or other indebtedness to fund its improvement program. Prospective future land owners 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 operation and maintenance of the District. Under section (d), approval of the petition, as corrected, to establish the District will have no impact or a positive impact on all small businesses. The petition, as corrected, to establish the District will not have an impact on small counties as defined by section 120.52, F.S., as Sarasota County is not defined as a small county. Under section (e), the analysis provided in the SERC was based on a straightforward application of economic theory. Input was received from the developer’s engineer and other professionals associated with the developer.
A LOCAL HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, April 5, 2006, at 10:00 AM
PLACE: Country Inn
5730 Gantt Road
Sarasota, Florida 34233
Any person requiring a special accommodation to participate in the hearing because of a disability should contact James P. Ward, (954) 658-4900, at least two (2) business days in advance in order to provide sufficient opportunity to make appropriate arrangements.
Copies of the petition, as corrected, may be obtained by contacting: James P. Ward, 134 Northeast 16th Terrace, Fort Lauderdale, Florida 33301, Telephone (954) 658-4900; 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.
