FLORIDA LAND AND WATER ADJUDICATORY

COMMISSION

AGENDA

March 29, 2001

1. Approval of the minutes of the meeting held November 29, 2000.

2. Consideration of a Petition to Amend the Boundaries of the Tampa Palms Community Development District, Hillsborough County, Petitioner: Tampa Palms Community Development District (FLWAC Case No. CDD-00-002).

On June 29, 2000, the Tampa Palms Community Development District (CDD) submitted a petition to amend its boundaries pursuant to Chapter 80-407, Laws of Florida, and Chapter 190, F.S. The purpose of the petition is to remove an overlap parcel of land within the boundaries of both the Tampa Palms CDD and the Tampa Palms Open Space and Transportation CDD. The petition proposes to contract a parcel of land comprising approximately 785 acres from the Tampa Palms CDD. After contraction, the Tampa Palms CDD will consist of approximately 3,325 acres. (As filed, the Petition noted the contraction parcel as approximately 1,007 acres and the proposed amended District as approximately 3,103 acres after contraction. The change in acreage from that originally filed occurred during the administrative hearing.) The contraction parcel is specifically located in the eastern quadrant of the intersection of County Road 581 and the Tampa Electric Company right-of-way. After contraction the parcel will only exist within the boundaries of the Tampa Palms Open Space and Transportation CDD. There are no out parcels or any portions of the contraction parcel that will be excluded from the Tampa Palms Open Space and Transportation CDD as a result of the contraction. The filing of the contraction petition by the Board of Supervisors of the Tampa Palms CDD constitutes consent of the landowners within the CDD. Additionally, the Tampa Palms CDD has written consent to amend the CDD from the owners of 100% of the real property to be deleted from the Tampa Palms CDD.

A public hearing was conducted by the Division of Administrative Hearings (DOAH) pursuant to Chapter 190, F.S., in Tampa, Florida, on September 22, 2000. The DOAH Administrative Law Judge submitted a Report to the Commission on November 6, 2000, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S.

Upon request of the Secretary, the Department of Community Affairs (DCA) reviewed the petition from the standpoint of its programs and responsibilities, and the requirements of section 190.005(1)(e), F.S. On July 18, 2000, the DCA submitted comments of no objections to the amendment of the boundaries of the Tampa Palms CDD. Additionally, the Tampa Bay Regional Planning Council reviewed the petition and had no comments on the amendment of the boundaries.

Pursuant to Chapter 120, F.S., notices of proposed rulemaking were published in the Florida Administrative Weekly. No public hearings were requested and no written comments were received as a result of the notices.

RECOMMENDATION:

Approve the proposed final rule amending the boundaries of the Tampa Palms Community Development District and authorize the Secretary to file for rule adoption.

BACK-UP:

Petition filed by the Tampa Palms Community Development District on June 29, 2000.

Department of Community Affairs’ letter of comment received on July 18, 2000.

Tampa Bay Regional Planning Council’s letter of comment received on July 19, 2000.

DOAH’s Report to the Commission received on November 6, 2000.

Proposed Final Rule package.