LAND AND WATER ADJUDICATORY COMMISSION
NOTICE OF RECEIPT OF PETITION
MYAKKA RANCH COMMUNITY
DEVELOPMENT DISTRICT
On December 6, 2006, the Florida Land and Water Adjudicatory Commission (“FLWAC” or “Commission”) received a petition to establish the Myakka Ranch Community Development District (the “District”). The Commission received supplements to the petition from Petitioner on January 19, 22, and 25, 2007, and February 2, 22, and 26, 2007. 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 supplemented.
SUMMARY OF CONTENTS OF PETITION: The petition, as supplemented, filed by Resource Conservation of Sarasota, LLC, requests the Commission to establish a community development district located entirely within the unincorporated area of Sarasota County, Florida. The land area proposed to be served by the District comprises approximately 1,055 acres. A general location map is contained as Exhibit 1 to the petition, as supplemented, to establish the District. The Petitioner either owns or has written consent to establish the District from the owners of 100% of the real property located within the proposed District. The development is planned for approximately 375 single family residential units. The District contemplates providing certain master infrastructure improvements within the boundaries to include stormwater management and wetlands mitigation maintenance services, roadways and potable water and sanity sewer service to all of these residences.
SUMMARY OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition, as supplemented, to establish the District. The complete text of the SERC is contained as Exhibit 4 to the petition, as supplemented. 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. 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 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 supplemented, to establish the District will have no impact or a positive impact on all small businesses. The petition, as supplemented, 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 Petitioner’s engineer and other professionals associated with the Petitioner.
A LOCAL HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
DATE AND TIME: Thursday, June 21, 2007, 9:00 a.m.
PLACE: Holiday Inn Lakewood Ranch, 6231 Lake Osprey Drive, Sarasota, Florida
Any person requiring a special accommodation to participate in the hearing because of a disability should contact Kevin S. Hennessy, Lewis, Longman & Walker, P.A., (941)708-4040, at least two (2) business days in advance in order to provide sufficient opportunity to make appropriate arrangements.
Copies of the petition may be obtained by contacting: Kevin S. Hennessy, Lewis, Longman & Walker, P.A., 1001 3rd Avenue West, Suite 670, Bradenton, Florida, Telephone (941)708-4040; 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.
