Land and Water Adjudicatory Commission, Departmental  


  • Huntington Hammocks Community Development District

    NOTICE OF RECEIPT OF PETITION

    On May 22, 2007, the Florida Land and Water Adjudicatory Commission (“FLWAC” or “Commission”) received a petition to establish the Huntington Hammocks Community Development District (the “District”). The Commission will follow the requirements of Chapter 42-1, Florida Administrative Code (F.A.C.), as amended, and Chapter 190, Florida Statutes (F.S.), as amended, in ruling on this petition.

    SUMMARY OF CONTENTS OF PETITION: The petition, filed by Seville LLC, requests the Commission establish a community development district located entirely within unincorporated Hernando County, Florida. The land area proposed to be served by the District comprises approximately 1,036.71 acres. A general location map is contained as Exhibit 1B to the petition to establish the District. The proposed land area is generally located in Northern Hernando County, with its Northern boundary comprised of the Hernando County/Citrus County Line. The proposed District is further located West of U.S. 98 and East of U.S. 19. There are 83 parcels of real property located within the external boundaries of the proposed District which are to be excluded from the District. Exhibit 2 to the petition depicts the location and provides a list of the real properties located within the external boundaries of the proposed District which are to be excluded from the District. The 83 parcels generally include road rights-of-way; a future electric utility site; a water treatment well site; and, 79 parcels of real property consisting of residential platted lots and common ground green space tracts. The Petitioner has obtained written consent to establish the District from the landowners of 100% of the real property located within the proposed District. The proposed infrastructure plan consists of roads, paving and street lighting; water and wastewater; stormwater management; and, an irrigation system.

    SUMMARY OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition to establish the District. The complete text of the SERC is contained as Exhibit 8 to the petition. 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 as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S.; (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 District, Hernando County, and certain state agencies are the principal entities that are likely to be required to comply with the rule. 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 administrative costs. Hernando County will incur 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 Hernando 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 to establish the District will have no impact or a positive impact on small businesses. Hernando County has a population of 130,802 according to the Census 2000 conducted by the United States Census Bureau and is therefore not defined as a “small” county according to Section 120.52, Florida Statutes. 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: Monday, August 6, 2007, 10:00 a.m.

    PLACE:  City Hall

                    Council Chambers

                    201 Howell Avenue

                    Brooksville, Florida

    Any person requiring a special accommodation to participate in the hearing because of a disability should contact Craig A. Wrathell, Wrathell, Hart, Hunt & Associates, LLC, (954)426-2105, 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: Craig A. Wrathell, Wrathell, Hart, Hunt and Associates, LLC, 6131 Lyons Road, Suite 100, Coconut Creek, Florida 33073, (954)426-2105; 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, (850)487-1884.

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