On October 28, 2015, the Commission received a petition to amend the boundaries of the District. The District requests the Commission authorize amendment of the District in order to contract the boundary of the District.

 

LAND AND WATER ADJUDICATORY COMMISSION

The Tampa Palms Open Space and Transportation Community Development District

RULE NO.:RULE TITLE:

42J-1.002Boundary

PURPOSE AND EFFECT: On October 28, 2015, the Commission received a petition to amend the boundaries of the District. The District requests the Commission authorize amendment of the District in order to contract the boundary of the District.

SUMMARY: The petition proposes amendment of the District by removing approximately 21.59 acres (contraction parcel) from the District’s boundaries. The District currently consists of 3,151.7 acres of land located within the City of Tampa, Florida. The contraction parcel is 21.59 acres in total size located generally in the northern quadrant of the District located in Tampa, Florida. A map detailing the parcel may be accessed by contacting the person noted below. The contraction parcel is not currently subject to any District assessments and the District is not currently providing any facilities or services to the contraction parcel. There will be no changes in the facilities proposed to be provided by the District as a result of the removal of the contraction parcel. The existing boundary description displayed under Rule 42J-1.002, FAC, will be replaced with language that incorporates the petition and amended 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 Tampa Palms Open Space and Transportation Community Development District as required by subsection 190.005(1)(a)8., F.S. The complete text of the SERC is contained as Exhibit 9 to the petition. Generally, the SERC supports the petition to amend the boundaries of the District. The SERC generally finds:

•The amendment will have no direct or indirect impact on economic growth, private sector job creation or employment, private sector investment, business competitiveness, or regulatory costs;

•The individuals and entities likely to be required to comply with the administrative rule or affected by the proposed action of amending the District are categorized as follows: (a) the State of Florida and its residents, (b) the City of Tampa, (c) property owners within the District, and (d) the property owner(s) within the contraction parcel;

•There are only modest costs expected to be incurred by the State of Florida, the City of Tampa, and the property owners within the District and the contraction parcel;

•The transactional costs associated with the adoption of an administrative rule to amend the District’s boundaries are nominal; and,

•Amendment of the District should not have any negative impact on small businesses.

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) FS.

LAW IMPLEMENTED: 190.004, 190.005, 190.046(1) 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 1801, Tallahassee, Florida, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

42J-1.002 Boundary

The boundaries of the district, as amended, are those set forth in Exhibit “4” to the Petition dated October 27, 2015, and entered into the record during the January 22, 2016, administrative hearing conducted by the Division of Administrative Hearings. The Petition is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07023 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 Tampa Palms Open Space and Transportation Community Development District area = 3,130 ± acres, more or less.

Rulemaking Authority 190.005, 190.046(1), FS. Law Implemented 190.004, 190.005, 190.046(1), FS. History‒New 1-5-14, Amended __________.

 

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