The Split Pine Community Development District (“Split Pine CDD”), which is located in Duval County, Florida, and the Tolomato Community Development District (“Tolomato CDD”), which is located in St. Johns County, Florida, have submitted a joint ...

LAND AND WATER ADJUDICATORY COMMISSION
Split Pine Community Development District

RULE NO: RULE TITLE
42TT-1.001: Establishment
42TT-1.002: Boundary
42TT-1.003: Supervisors
PURPOSE AND EFFECT: The Split Pine Community Development District (“Split Pine CDD”), which is located in Duval County, Florida, and the Tolomato Community Development District (“Tolomato CDD”), which is located in St. Johns County, Florida, have submitted a joint petition requesting the merger of the two districts. As a result of the merger, Split Pine CDD would cease to exist, and Tolomato CDD would continue as the surviving entity, with amended boundaries that would encompass only the land presently in the existing boundaries of both Split Pine CDD and Tolomato CDD. At the time of establishment of both districts, Section 190.003 of the Florida Statutes prohibited the establishment of community development districts across county boundaries. Effective July 1, 2007, that prohibition no longer exists. Split Pine CDD and Tolomato CDD have written consent to merge the boundaries of the two districts from the owners of one hundred percent of the land within the existing districts.
The proposed rule would effect the merger in part by repealing the existing rules governing Split Pine CDD – specifically, Florida Administrative Code Rules 42TT-1.001, Establishment, 42TT-1.002, Boundary, and 42TT-1.003, Supervisors, F.A.C. Another proposed rule, which is separately noticed for simultaneous consideration, would further effect the merger by amending Rule 42SS-1.002, , F.A.C., Boundary to expand the boundaries of Tolomato CDD to include the existing Split Pine CDD lands.
SUMMARY: Both Split Pine CDD and Tolomato CDD have authorized the merger of the two districts. Pursuant to Resolutions 2009-01 and 2009-04 adopted by the Board of Supervisors of Tolomato CDD, and on October 2, 2008 and April 16, 2009, respectively, Tolomato CDD authorized the merger of Tolomato CDD and Split Pine CDD, and approved a merger agreement (“Merger Agreement”). Pursuant to Resolutions 2009-01 and 2009-05 adopted by the Board of Supervisors of Split Pine CDD, and on October 2, 2008 and April 16, 2009, respectively, Split Pine CDD authorized the merger of Tolomato CDD and Split Pine CDD, and approved the Merger Agreement. Among other things, the Merger Agreement makes provision for the filing of a petition, the proper allocation of the indebtedness, and the manner in which debt is to be retired. The Merger Agreements, as approved by Tolomato CDD and Split Pine CDD, are contained at Exhibits 1A and 1B to the petition, as supplemented. Split Pine CDD currently covers approximately 2,014.98 acres of land located entirely within Duval County, Florida, and the City of Jacksonville limits. Split Pine CDD is generally located in the southeastern corner of Duval County, east of US Highway 1. Tolomato CDD currently covers approximately 11,355.06 acres of land located entirely within St. Johns County, Florida. Tolomato CDD is generally located in northeastern St. John’s County between Jacksonville and St. Augustine, east of US Highway 1. General location maps, and metes and bounds descriptions, are contained as Exhibits 3 and 4 to the petition, as supplemented.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition, as supplemented, to merge Split Pine CDD and Tolomato CDD. The complete text of the SERC is contained as Exhibit 12 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 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 merged District, the State of Florida and its residents, Duval County/City of Jacksonville, and St. Johns County, current property owners of lands within the boundaries of the proposed merged District and future property owners are the principal entities that are likely to be required to comply with the rule. Under section (b), FLWAC and the State of Florida will incur administrative costs. Duval County/City of Jacksonville and St. Johns County may incur 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 St. Johns County and the City of Jacksonville to offset any costs it may incur. Adoption of the proposed rule to merge the boundaries of the Split Pine CDD and the Tolomato CDD will not have any negative impact on State and local revenues. Addressing section (c), the operation and maintenance responsibilities assumed by the City of Jacksonville and St. Johns County will not vary from the original arrangements between the respective jurisdiction and the existing Districts. The same public infrastructure previously planned for the existing Districts will also support the development of the land within the proposed merged District. All properties within the proposed merged district will be encumbered with obligations to pay for public infrastructure and operations and maintenance expenses incurred by the proposed merged District. However, no new costs are expected to arise as a result of the merger that would not have arisen under the existing Districts. The capital improvement program (CIP) for the proposed merged District will likely be very similar to the combined CIPs adopted by each of the Split Pine and Tolomato CDDs. Assessments securing repayment of previously issued bond issuances will not be affected by the merger of the Districts. The proposed merged District will assume assessment collection and enforcement responsibilities from the existing Districts. The proposed merged District may issue future special assessments or other revenue bonds in order to raise funds for completion of infrastructure improvements. Under section (d), approval of the petition to merge the Split Pine CDD and the Tolomato CDD will have no impact or a positive impact on small businesses. The petition to merge the Districts will not have an impact on small counties as neither Duval or St. Johns County are small counties as defined by Section 120.52, F.S. Under Section (e), the merger is expected to lead to the reduction or elimination of redundant meetings, paperwork, and expenses and is expected to produce direct cost savings to the proposed merged District. The proposed merged District will likely be able to reduce its non-ad valorem assessment collections and still achieve its goal of providing appropriate public infrastructure facilities and services.
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.
SPECIFIC 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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Wednesday, January 13, 2010, 10:00 a.m.
PLACE: Room 2107, The Capitol, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least two days before the workshop/meeting by contacting: Barbara Leighty, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001; telephone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001; telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

42TT-1.001 Establishment.

Rulemaking Specific Authority 190.005 FS. Law Implemented 190.004, 190.005 FS. History–New 7-29-04, Repealed________.

 

42TT-1.002 Boundary.

Rulemaking Specific Authority 190.005 FS. Law Implemented 190.004, 190.005 FS. History–New 7-29-04, Repealed__________.

 

42TT-1.003 Supervisors.

Rulemaking Specific Authority 190.005 FS. Law Implemented 190.004, 190.005 FS. History–New 7-29-04, Repealed__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lisa Saliba, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001; telephone [phone]
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Land and Water Adjudicatory Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 17, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 25, 2009