1.            Approval of the minutes of the meeting held May 28, 2003.

2.         Consideration of a Petition to Establish the Cocohatchee Community Development

District in Lee County.  Petitioner:  Beach Road Development Company, L.L.C.

(FLWAC Case No. CDD-02-007). 

On October 16, 2002, the Beach Road Development Company, L.L.C., submitted a petition to establish the Cocohatchee Community Development District (CDD) pursuant to Chapter 190, F.S.  The petition proposes that the Cocohatchee CDD serve approximately 1,298 acres located wholly within south Lee County.  The land area is bounded on the north by unincorporated Lee County, on the east and south by the Lee County line, and on the west by a section of land undergoing review for a residential planned development.  There is no real property within the District’s proposed boundaries which is to be excluded from the jurisdiction of the District. The District has obtained the consent of the owners of 100% of the real property to be served by the Cocohatchee CDD.  The authorized development plan for the proposed lands within the Cocohatchee CDD includes the construction of approximately 1,158 single and multi-family residential dwelling units, passive recreational areas, up to 36 holes of golf, a golf clubhouse, and a “commons area” which will include a health club.

On January 14, 2003, the Lee County Board of County Commissioners adopted Resolution 03-01-25 supporting the establishment of the Cocohatchee CDD. 

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Division of Administrative Hearings (DOAH) on January 22, 2003 in Bonita Springs, Florida.  The DOAH Administrative Law Judge submitted a Report to the Commission on February 18, 2003, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S. 

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 of proposed rulemaking.  

Recommendation:

Approve the proposed final rule and authorize the Secretary to file for final rule adoption.

Back-Up: 

Beach Road Development Company’s petition received on October 16, 2002. 

DOAH’s Report received on February 18, 2003.

Proposed Final Rule.

3.                  Consideration of a Petition to Amend the Name and Amend the Boundaries of the Fiddler’s

            Creek Community Development District in Collier County.  Petitioner:  Fiddler’s Creek

            Community Development District (FLWAC Case No. CDD-02-008). 

On October 18, 2002, the Fiddler’s Creek Community Development District (District) submitted a petition proposing to change the name of the District to the “Fiddler’s Creek Community Development District 1” to distinguish the District from the separately proposed Fiddler’s Creek Community Development District 2.  The Petition proposes further to modify the land area presently serviced by the District by amending its boundaries to add an expansion parcel of approximately 137.38 acres and to delete a contraction parcel of approximately 137.38 acres.  There is to be no net change in the approximate amount of acreage serviced by the District if the proposed amendment is adopted - the District would continue to serve approximately 1,389 acres.  Both the contraction parcel and the expansion parcel lie wholly within Collier County.  The expansion parcel is bounded on the north by agricultural land; on the east by agricultural land; and, to the south and west by land abutting upon the northern and eastern boundaries of the existing District.  The contraction parcel is bounded on the north by vacant land and U.S. Highway 41; on the east by residential and vacant land; on the south by the other lands within the existing District; and, on the west by a public school and other lands presently zoned as agricultural and future residential.  There is no real property within the proposed amended boundaries of the District that is to be excluded from the jurisdiction of the District.  The Petitioner has written consent of 100% of the expansion parcel landowners and the District Board of Supervisor’s Resolution 2002-21 constitutes the consent of 100% of the contraction parcel landowners.  The Future Land Use element of the Collier County Comprehensive Plan designates the land area within the legal description of the expansion parcel as “Urban Residential Fringe Sub-District.”  The land area within the legal description of the contraction parcel is designated as “Urban Coastal Fringe Sub-District.”  The land use plan for both parcels, whether they are to be added or deleted, exclusively involve residential dwelling units.  The proposed boundary changes involve adding 137 multifamily and single-family dwelling units and subtracting 129 multifamily and single-family dwelling units.  The 129 units proposed for deletion from the existing District are to be added to another proposed community development district, Fiddler’s Creek Community Development District 2.

On January 14, 2003, the Collier County Board of County Commissioners adopted Resolution 03-15 supporting the petition to amend the Fiddler’s Creek CDD.

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Division of Administrative Hearings (DOAH) on January 23, 2003, in Naples, Florida.  The DOAH Administrative Law Judge submitted a Report to the Commission on February 25, 2003, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S. 

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 of proposed rulemaking.  

Recommendation:

Approve the proposed final rule and authorize the Secretary to file for final rule adoption.

Back-Up: 

Fiddler’s Creek Community Development District petition received on October 18, 2002. 

DOAH’s Report received on February 25, 2003.

Proposed Final Rule.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

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  NOTICE OF FORWARDING APPEAL TO THE

     DIVISION OF ADMINISTRATIVE HEARINGS

Pursuant to Chapter 42-2.008(4), Florida Administrative Code, notice is hereby given that the appeal listed below will be forwarded to the Division of Administrative Hearings for assignment of an administrative law judge and further proceedings, unless a request for consideration is received by the Secretary of the Commission within five calendar days following the August 12, 2003, meeting of the Governor and Cabinet.  If a request for consideration is received, the matter will be placed on a subsequent agenda for consideration by the Florida Land and Water Adjudicatory Commission.  Requests must be filed with the Secretary of the Commission, The Capitol, Room 1802, Tallahassee, Florida 32399-0001.

Case No. APP-03-008                DEPARTMENT OF COMMUNITY AFFAIRS v. PARADISE

LAKES ESTATES, INC., GASISOITAME, a foreign business

organization authorized to do business in Florida, and the CITY

OF GROVELAND