Remember all the commotion last week about how the state determined that the massive CSX hub planned for Winter Haven is probably a development of regional impact and should go through a time-consuming regional review? Remember all the talk about how it would delay the project for two years or more?

Not so much.

The Winter Haven Chamber of Commerce has posted an excerpt from a new DRI status letter from the state Department of Community Affairs. (That makes four such letters in just over a year.)

The excerpt reads as follows:

“Re: CSX Integrated Logistics Center Terminal.

This is to confirm that the Department is prepared to work with you on a Preliminary Development Agreement pursuant to Section 380.06 (8), Florida Statutes for the CSX Integrated Logistics Center Terminal Project. A Preliminary Development Agreement would allow CSX to construct a substantial portion of the overall project prior to the issuance of a Development of Regional Impact Order. If you wish to proceed toward such an agreement we believe it could be completed fairly quickly.”

Here’s the entire letter. There’s not much more of it.

I don’t know what a preliminary development agreement is or requires. I will quickly look into it.

But in the meantime, there is a great lesson here. Always read fine print and learn jargon. At first blush, it would seem that the state has completely reveresed itself again on whether this project must undergo a regional review. But it hasn’t, at least not under the terms of last week’s letter.

Here’s the key passage from last week’s letter.

‘The Department therefore revokes the above-referenced clearance letters. Because of the nature and magnitude of the proposed project, the Department suggests that the development be submitted for development of regional impact review pursuant to Section 380.06, F.S. Alternatively, the developer may apply for a binding letter of interpretation to determine DRI status. No development may occur on the Logsitic Center site unless it has either received DRI approval, a binding determination that it is not a DRI, or has entered into a Preliminary Development Agreement pursuant to Section 380.06(8), F.S.’ (Emphasis mine)

Catch that last part? A preliminary development agreement is precisely what CSX is now pursuing. Lawyers are paid lots of money to notice and know these things.

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