On July 13, 2015, the Commission received a petition to correct the legal description of the boundaries of the District. An amended petition dated July 24, 2015, was filed with the Commission on August 13, 2015. The District requests the ...

 

LAND AND WATER ADJUDICATORY COMMISSION

Fiddler’s Creek Community Development District 1

RULE NO.:RULE TITLE:

42X-1.002Boundary

PURPOSE AND EFFECT: On July 13, 2015, the Commission received a petition to correct the legal description of the boundaries of the District. An amended petition dated July 24, 2015, was filed with the Commission on August 13, 2015. The District requests the Commission authorize amendment of existing Rule 42X-1.002, FAC, to correct certain wording in the metes and bounds legal description without changing the boundaries of the District.

SUMMARY: The petition, as amended, proposes amendment to correct certain wording in the metes and bounds legal description found in Rule 42X-1.002, FAC, without changing the boundaries of the District. The corrections to the boundary legal description are to correct scrivener's errors only. The scrivener's errors consist of the following:

(1) to correct the total area measurement of Parcel 1 from "1687.5109 acres more or less" to "1550.1359 acres more or less” to reflect the existing acreage; (2) to insert the phrase "of the Northeast ¼” in the appropriate location of the legal description of Parcel 1; (3) to insert the line "along the North line of said Section 23, a distance of 218.01 feet; thence leaving said Section line'' in the appropriate location of the legal description of the first "less and except" parcel (which is the parcel containing 12.00 acres); and (4) to replace the word "West" with "East" in the appropriate location of the legal description of Parcel 7.

The District currently consists of 1389.77 acres and will continue to consist of 1389.77 acres after correction of the legal description. The District is located in Collier County.

The existing boundary description displayed under 42X-1.002, FAC, will be replaced with language that incorporates the petition, as amended, and corrected boundary description by reference as noted below.

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 by the Fiddler's Creek Community Development District 1 as required by subsection 190.005(1)(a)8., F.S. The complete text of the SERC is contained as Exhibit "4" to the petition, as amended. Generally, the SERC supports the petition, as amended, to correct the boundaries of the District. The SERC generally finds:

• The corrections will have no direct or indirect impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule;

• The corrections will have no adverse impact on business competitiveness;

• The corrections are not likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after implementation of the rule;

• The corrections will not directly or indirectly affect any individuals;

• The corrections will not directly or indirectly result in any additional costs to the agency or any other state and local government entities and will have no anticipated effect on state or local revenues;

• The corrections will not directly or indirectly result in increased transactional costs to any individual or entity; and,

• The corrections will have no adverse impact on small businesses, counties or cities.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.

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(1), F.S.

LAW IMPLEMENTED: 190.004, 190.005, 190.046(1), F.S.

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, Florida, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

42X-1.002 Boundary

The boundaries of the district, as corrected, are those set forth in Exhibit “3” to the Petition, as amended, dated July 24, 2015. The Petition, as amended, is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07135 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 Fiddler’s Creek Community Development District 1 area = 1389.7739 acres, more or less.

Rulemaking Authority 190.005, 190.046(1), FS. Law Implemented 190.004, 190.005, 190.046(1), FS. History‒New 8-13-96, Amended 9-16-03, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: 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: May 10, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 11, 2016