On March 2, 2017, the Florida Land and Water Adjudicatory Commission received a petition to amend the Fiddler’s Creek Community Development District I (“District’) by contracting approximately 56.16 acres and adding approximately 9.34 acres. The ...

 

LAND AND WATER ADJUDICATORY COMMISSION

Fiddler’s Creek Community Development District 1

RULE NO.:RULE TITLE:

42X-1.002Boundary

PURPOSE AND EFFECT: On March 2, 2017, the Florida Land and Water Adjudicatory Commission received a petition to amend the Fiddler’s Creek Community Development District I (“District’) by contracting approximately 56.16 acres and adding approximately 9.34 acres. The petition was amended on March 17, 2017.

SUMMARY: On March 2, 2017, the Florida Land and Water Adjudicatory Commission (“Commission”) received a petition to amend the Fiddler’s Creek Community Development District I (“District’) by contracting approximately 56.16 acres and adding approximately 9.34 acres. The petition was amended on March 17, 2017. The Commission will follow the requirements of Rule Chapter 42-1, F.A.C., and Chapter 190, F.S., as amended, in considering the amended petition.

The District currently consists of 1389.77 acres and is located in Collier County. After amendment, the District will contain approximately 1342.95 acres.

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 District as required by subsection 190.005(1)(a), F.S. The complete text of the SERC is contained as Exhibit (8) to the petition. Generally, the SERC supports the amended petition to amend the boundary of the District. The SERC generally finds the rule:

•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;

•Will have no adverse impact on business competitiveness;

•Is 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;

•Will not directly or indirectly affect any individuals;

•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;

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

•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 or if no SERC is required, the information expressly relied upon and described herein: Legislative ratification is not required 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 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 amended, are those set forth in Exhibit “4” to the Petition to Amend the Fiddler’s Creek Community Development District 1 filed with the Commission on March 2, 2017, and amended on March 17, 2017, under Commission Case Number CDD-17-002. The Petition to Amend the Fiddler’s Creek Community Development District 1 filed with the Commission on March 2, 2017, and amended on March 17, 2017, under Commission Case Number CDD-17-002, is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-08616 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 = 1342.95 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, 9-5-16, __________.

 

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: August 16, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 24, 2017