Interoffice Memorandum
DATE: September 9, 2026
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: Georgiana Holmes, Acting County Attorney
FROM: Lee Bernbaum, Assistant County Attorney
CONTACT: Lee Bernbaum, Assistant County Attorney
PHONE: 407-836-7320
DIVISION: County Attorney’s Office
ACTION REQUESTED:
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Consideration of: (1) the Special Magistrate’s Recommendation regarding the Tuscana Land Use Plan (LUP-22-01-022) and Conservation Area Impact Permit (CAI-23-05-022) and authorization for the County Attorney’s Office to prepare and issue any written decision required by section 70.51(22), Florida Statutes, consistent with the Board’s determination; and (2) the Notice of Claim and authorization for the County Attorney’s Office to prepare and issue the corresponding settlement offer and statement of allowable uses as required by sections 70.001(4)(c) and 70.001(5)(a), Florida Statutes, reflecting the Board’s determination.
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PROJECT: N/A
PURPOSE: This Discussion Agenda item requests review, consideration, and a decision by the Board regarding the following two matters related to the property known as Tuscana: (1) the Request for Relief filed pursuant to section 70.51, Florida Statutes (FLUEDRA), and the corresponding Special Magistrate’s Recommendation and (2) the Notice of Claim filed pursuant to section 70.001, Florida Statutes (Bert Harris Act). As to the FLUEDRA Claim, the Board’s statutory options are: a) accept the Special Magistrate’s Recommendation and implement such recommendation, by approving LUP-22-01-022 and CAI-23-05-022; b) modify the Special Magistrate’s Recommendation and implement such modified recommendation; or c) reject the Special Magistrate’s Recommendation. As to the Bert Harris Claim, the Board’s statutory options are: a) make a settlement offer to approve the LUP/CAI and issue a corresponding statement that the allowable uses to which the Property may be put are those consistent with the approved LUP/CAI; b) make a settlement offer and issue a statement of allowable uses corresponding to the modified relief approved by the Board; or c) make a settlement offer of no change to the County’s action and issue a corresponding statement identifying the allowable uses to which the Property may be put under the existing A-2 zoning districts and other applicable regulations. A confidential memorandum, Special Magistrate Recommendation, Staff Reports, and Notice of Bert Harris Claim have been provided to the Board under a separate cover memorandum. These documents will become public records at the conclusion of the litigation pursuant to section 119.071(1)(d), Florida Statutes.
BUDGET: N/A