§ 14.5-42. Petitions for establishment.

(a)

The petitioners shall submit six (6) copies of a draft petition to the county administrator to initiate the counseling phase, which shall contain the same information specified in section 190.005 (1)(a), Florida Statutes, with the filing fee established by the board. The applicant shall submit a proposed ordinance establishing a district of less than one thousand (1,000) acres, or a proposed resolution expressing the county's support of the establishment of a district of one thousand (1,000) acres or more. Any deficiencies in the petition will be immediately corrected by the petitioner.

(b)

Petitions for establishment of community development districts shall be submitted to the county on forms provided by the county as applicable. The county may require a petitioner to submit such information as the county considers necessary to process the petition. The board of county commissioners shall fix the schedule of fees and charges imposed for the filing and processing of each petition, except where set by the state.

(c)

The statement of estimated regulatory costs shall contain a certification from its preparer that the statement addresses all applicable provisions of section 120.541, Florida Statutes. In addition, the statement of estimated regulatory costs shall list all prior statement(s) for community development districts prepared by the author within the last five (5) years, not to exceed five (5) statements.

(d)

Only a qualified petitioner may file a petition to establish a community development district. A qualified petitioner is a person or entity, having legal or equitable interest in the real property which is the subject of the community development district. If there is a question as to the sufficiency of the petitioner's interest in the subject real property, the county staff may request and rely upon an opinion of the county attorney's office.

(e)

The county administrator or his designee shall prepare and file with the board of county commissioners a staff report and recommendation within sufficient time to allow a public hearing to be held within forty-five (45) days thereafter. Extensions of time may be requested in writing by the petitioner. Notwithstanding the foregoing, after the filing of the staff report and recommendation, or after any extensions of time granted by the board, the board may transfer the petition to the Florida Land and Water Adjudicatory Commission, which shall make the determination to grant or deny the petition.

(Ord. No. 97-10, § 2, 4-15-97)