The purpose of the proposed rule amendment is to add 80 acres to the existing boundary of the District and to correct a scrivener's error in the legal description of an excluded parcel.

 

FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

Tomoka Community Development District

RULE NO.:RULE TITLE:

42LL-1.002Boundary

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to add 80 acres to the existing boundary of the District and to correct a scrivener's error in the legal description of an excluded parcel.

SUMMARY: Amend the boundary of the District.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

However, a SERC was prepared at the request of the District. The SERC is located at Exhibit 10 in the District petition.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Commission has determined that the proposed rule amendment is not expected to require legislative ratification based upon the SERC completed at the request of the Tomoka Community Development District contained in the petition to amend the District.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 190.005, 190.046, FS

LAW IMPLEMENTED: 190.004, 190.005, 190.046 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Office of the Governor, The Capitol, Room 1802, Tallahassee, FL 32399-0001, [phone], or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 42LL-1.002 follows.  See Florida Administrative Code for present text.

42LL-1.002 Boundary.

The boundaries of the district, as amended, are those set forth in Exhibit “4” to the Petition to Amend the Boundary of Tomoka Community Development District filed with the Commission on June 23, 2021, under Commission Case Number CDD-21-002. The Petition to Amend the Boundary of Tomoka Community Development District filed with the Commission on June 23, 2021, under Commission Case Number

CDD-21-002, is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX and copies of which are available by contacting the Clerk of the Florida Land and Water Adjudicatory Commission at Office of the Governor, Room 1802, The Capitol, Tallahassee, Florida 32399-0001.

The total Tomoka Community Development District area = 2,048 total acres, more or less.

Rulemaking Authority 190.005, 190.046 FS. Law Implemented 190.004, 190.005, 190.046 FS. History–New 10-2-03, Amended 12-19-06, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Spencer, Secretary, Florida Land and Water Adjudicatory Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Land and Water Adjudicatory Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 30, 2022