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Ordinance 002-2024 (�1-11111 F h\\4 : 1 4 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY 9 COMMISSIONERS ORDINANCE NO. 002 -2024 10 11 AN ORDINANCE APPROVING AN AMENDMENT TO THE MONROE COUNTY 12 TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III,AS REQUESTED 13 BY PAUL LAROCHELLE ON BEHALF OF PROPERTY DEVELOPMENT AND 14 ACQUISITION, LLC, FOR PROPERTY LOCATED AT 5304 3RD AVENUE, 15 STOCK ISLAND, LOT 11, BLOCK 53, STOCK ISLAND, PLAT BOOK 1, PAGE 16 55, CURRENTLY HAVING PROPERTY IDENTIFICATION NUMBER 00126700- 17 000000, LOCATED AT APPROXIMATE MILE MARKER 4.7; PROVIDING FOR 18 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 19 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 20 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 21 AMENDMENT TO THE TIER OVERLAY DISTRICT MAP; PROVIDING FOR 22 AN EFFECTIVE DATE. 23 24 25 WHEREAS, the Monroe County Planning and Environmental Resources Department 26 received an application from Agent Paul LaRochelle on behalf of the subject property's owner 27 Property Development and Acquisition, LLC, requesting the Tier Overlay District designation for 28 property described as Lot 11, Block 53, Stock Island, Plat Book 1, Page 55, currently having 29 property identification number 00126700-000000 ("subject property" or the "property"), to be 30 amended from Tier I to Tier I11; and 31 32 WHEREAS,the subject property is located at 5304 3rd Avenue, Stock Island; and 33 34 WHEREAS, based upon the information and documentation submitted, the Planning 35 Commission made the following findings of fact and conclusions of law: 36 37 1. Monroe County Code ("MCC") § 102-158 states that map amendments are not 38 intended to relieve particular hardships,nor to confer special privileges or rights on any 39 person, nor to permit an adverse change in community character, analyzed in the 40 Monroe County Comprehensive Plan, but only to make necessary adjustments in light 41 of changed conditions or incorrect assumptions or determinations as determined by the 42 findings of the BOCC; and 43 2. MCC § 102-158(d.)(7.)(b.)provides that one or more of the following criteria must be 44 met for a map amendment: 45 1. Changed projections (e.g., regarding public service needs) from those on which 46 the existing text or boundary was based; 1 of 3 1 2. Changed assumptions (e.g., regarding demographic trends) from those on which 2 the existing text or boundary was based; 3 3. Data errors, including errors in mapping, vegetative types and natural features 4 which contributed to the application of the existing text or boundary; 5 4. New issues which arose after the application of the existing text or boundary; 6 5. Recognition of a need for additional detail or comprehensiveness; 7 6. Data updates; or 8 7. Consistency with the Comprehensive Plan and the principles for guiding 9 development as defined in Section 380.0552, Florida Statutes. 10 3. Map amendments to the Monroe County Land Use District Map shall not be 11 inconsistent with the Principles for Guiding Development in the Florida Keys Area of 12 Critical State Concern; and 13 4. The proposed Tier Map amendment is not anticipated to adversely impact the 14 community character of the surrounding area; 15 5. The proposed Tier Map amendment is consistent with Monroe County Land 16 Development Code Section 130-130,the Goals, Objectives and Policies of the Monroe 17 County Year 2030 Comprehensive Plan and the Principles for Guiding Development 18 for the Florida Keys Area, Florida Statutes Section 380.0552(7); 19 20 WHEREAS, at a regular meeting held on the 31st day of January, 2024, the Monroe 21 County Board of County Commissioners ("Monroe County",the"County", "Board", or`BOCC") 22 held a duly noticed public hearing to consider the adoption of the proposed amendment, considered 23 the Department's professional staff report and provided for public comment and public 24 participation in accordance with the requirements of state and local law and the procedures adopted 25 thereto for public participation in the planning process; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 28 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 29 30 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, 31 conclusions of law, and statements of legislative purpose and intent are true and 32 correct and are hereby incorporated as if fully stated herein. 33 34 Section 2. The subject property currently bearing Property Identification Number 00126700- 35 000000, which is currently designated as Tier I, shall be designated Tier III as 36 shown on the attached map, attached as "Exhibit L" which is hereby incorporated 37 by reference as if fully stated herein. 38 39 Section 3. Construction and Interpretation. The construction and interpretation of this 40 ordinance, and all provisions of the Monroe County Code(s), Comprehensive Plan, 41 floodplain management regulations, Florida Statutes, and Florida Building Code 42 whose interpretation arises out of, relates to, or is interpreted in connection with 43 this ordinance, these being necessary for the health, safety, and welfare of the 44 residents of and visitors to unincorporated Monroe County, shall be construed in 45 favor of the Monroe County BOCC, and such interpretations shall be entitled to 46 great weight in adversarial administrative proceedings, at trial, and on appeal. 2of3 1 2 Section 4. Severability, Partial Invalidity, and Survival of Provisions. If any provision of 3 this ordinance, or any section, subsection, or part or portion thereof, is held to be 4 invalid or unenforceable by any administrative hearing officer or court of 5 competent jurisdiction,the invalidity or unenforceability of such provision, or part 6 or portion thereof, shall neither limit nor impair the operation, enforceability, or 7 validity of any other provisions of this ordinance, or any remaining section(s), 8 subsection(s),part(s),or portion(s)thereof.All other provisions,parts,and portions 9 thereof shall continue unimpaired in full force and effect. 10 11 Section 5. Repeal of Inconsistent Provisions.All ordinances or parts of ordinance in conflict 12 with this ordinance are hereby repealed to the extent of said conflict. The repeal of 13 an ordinance herein shall not repeal the repealing clause of such ordinance or revive 14 any ordinance which has been repealed thereby. 15 16 Section 6. Transmittal. This ordinance shall be transmitted to the State Land Planning 17 Agency as required by Florida Statutes Sections 380.05(11) and 380.0552(9). 18 19 Section 7. Filins and Effective Date. This ordinance shall be filed in the Office of the 20 Secretary of the State of Florida but shall not become effective until approved by 21 the State Land Planning Agency and, if appealed, until the appeal is resolved 22 pursuant to Chapter 120 of the Florida Statutes. 23 24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 25 Florida, at a regular meeting held on the 31 sc day of January, 2024. Mayor Holly Merrill Raschein, District 5 Yes Mayor Pro Tern James K. Scholl, District 3 Yes Craig Cates, District 1 Yes Michelle Lincoln, District 2 Yes David Rice, District 4 Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: „ 3 Mayor Holly Merrill Raschein k MONROE COUNTY ATTORNEY s . AP 1pp'1IID. aRM date: ryNo°*coin+* ATTEST: KEVIN MADOK, CLERK AS DEPUTY CLERK 3 of 3 dVV18HS w w 0 X co LO E a) 0 is HHiC 0 E 0 CL 0 0 0 0 LU is 3NIHSNfIS e \ \ � n., ....1 LU w wO >< >< is H19 M: M: O is SSMAO iSVi�9M:l ui ©� / is OCII-1vo LO is nvl&n MD 3M KeysNews.eom KE ,f < fIZEN The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(941)206-1025 F:(305)294-0768 legals@keysnews.com MONROE CO PLANNING/ENVIORNMENTAL RES 102050 OVERSEAS H WY KEY LARGO FL 33037 Account: 423741 Ticket: 3916321 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] COUNTY OF MONROE Before the undersigned authority personally appeared Melinda Prescott ,who on oath says that he or she is The legal advertising representative of the Key West Citizen,a five day newspa- per published in Key West,in Monroe County, Florida;that the attached copy of advertisment,being a legal notice in the matter of was published in said newspa- per in the issues of: Saturday,January 13,2024 Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida Tuesday thru Saturday weekly,and has been entered as periodicals matter at the post office in Key West, in said Monroe County, Florida,for a period of 1 year next preceding the first publication of the attached copy of advertisement;and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertise- ment for publication in the said newspaper. (Signature ofAffiant) Affirmed and subscribed before me this 15th day of January 2024 (Notary Public Signature) Laura M Robins (Notary Public Printed Name) My commission expires 9/26/2026 Personally Known X Produced Identification Type of Identification Produced (Notary Seal) �� t �� �roea�� �sr 5 �,9m ��1�'tryioyrrm if�sCn�rn I�"� J�,�ffiGM i KEYS CIT-N.WEEKEND EDITION,JANDARY 13-14,2024 9A Frigid spell hits the Northwest as storm forecast cancels flights, classes across US BY CLAIRE RUSH pe,ibilitv of tar thes in the ofs v by Satur 1 v deheates P plies to di,ribirte to pcople The Associated Press South / % I ied fie,the go,ing im g aside,inclirding ool S,ho of i 1 Fight,is ' F P l tl fi Due-,sent P blinDet,t P,tent,i Isle eP PORTLAND,0 Pyone "I'd in ads in parts front the 0 S N1-'re border ing bags,said spokesperson McDuugald woO, a lung f the South,rid Midwest, H beds-as st v'rig in eight D 1'1-i-IL 1 Ieopc l stvle hat as he Republican can 1'1 tes cam parked's. u ng buses to Cold spells it the past h., tdthoughr is of warm P 'g'gahead fMhndaye id sleeping tside while been deadly fur Phrtlande i d s at a hhr I ss. see I outend tl v wait s-pa' 'n city run 1 neless-pup 1 ion, Iwo t•r in PuN 1,O"go ' g with a blis 1 ring shelters. peupledieduf cold in2022 c IT s-alaady fag mul ing un,of the state, In Phnlandc s-ldeten coal churn ophrthnhhme tP de layers but'ith n hhf Crid Nikld Halevs mpaign P noes highs r,Texpected less deaths far 1 I'hat was f t's- n he, 11 ad two reeled these Prinz,wants m hheeraound t1 aid to it do,,,from eight 1 ohs from coats to help him face a and said it would be hosting per 20e and Ihws-in the low 20e hyphtherunia in 2021, 1'tt old snap ing in the t lrj hone town halls-, E,w Ka,El eassoc.v.d Puss t t t ns runt Prince,though Portld wi tars do nut Northwest. Advocates were particularly cast least Monday. includean regular hr extended I hop in tt tI n tin 'ed about t neless-rare Pierre Bowyer wears an outer coat he got at the Blanchet 11 1 tuneless f 6 b P House,which offers meals and clothing to people ezperi- g v F h t h t said,"That I1 P 111 s I1 s 1 is encing homelessness,on Thursday,Ian,11,in Portland,Ore. King C h t t S ttl t -P t t 1 P t t ,if,_ sealhthfthe bur den t night be sr ed hr iced teemed its highest tier of Iv salts hrd -about a An approaching '-than specially it the Pacific tf Showers the nhnprhf 1 siell,becue I"puther, 'eathe operations ttudefthe street grid, edjeted to 1,1'er snow N thwes-t here the winters t-spoke,j-, said I wple IVAnghnthetr tbecause i ugh at least l sd.g whd< Past s-mnva to,cvruis - to Portlan d a itv r hT ically mild. desperate f dry clothes t1 v don't and stand tow g whl,cities-to open 24/7 1 me eft,ri P ralyaed the s t ored to w'ter min,by In one freer Phursdav z i s hoes after try,of cold cold it's gettiu.' shelter,and wfit,tr it part- r'tv 'ncluding in 2017 and in S t day Its one hfa number during the tun l e e at r McDhugald said has spent s to I o,ide transportation 2021,when free g a chat - of 5 P ce,ing c s bringing BI ehet House 1 umeless N"s hrry runnerf o s-tblte the Past two ye s hic...d: to shelters. ed reads in long an s tee d "hung fro n what the coup fit Portz d 1 vP tt eruiia she said Theo 'I m hoping I don't h.,to dh Multnomah Chum, home v 1c.laden ti scrapped National Weather S"n" t r163 warm 1 ttingitems ea lot of People pericneing tlrrwhole w'ternet here to Portland pre't thutreadn 1f11 nphwe Imes cutting �a11ed life thre t ing wind danced eluding the 1 1 in Penland that In the Chicag which g P-'other in the w 1,Mth power to IT netted, thou l'115 in South Dakota to the � ns McDuugald grabbed n menta11eah,crisis 1d,,mhoi nhalfa fan clothing and Id weather le hfI auple US intensifies oversight MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING of Boeing, will begin NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN production audits NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP NOTICE OF CHANGE TO MONROE COUNTY TIER OVERLAY DISTRICT MAP BY TOM KRISHER n,ad,,moving those func- The Associated Press hone to an independent third JANUARY 31,2024 pain,. The Federal Aviation "It 1s time to Ee-examine the NOTICE IS HEREBY GIVEN that on Wednesday,January 31,2024,the Monroe County Board of County Commissioners will hold Admini,h,uiun will begin delegation hf authenty and a Public Meeting,beginning at 09:00 AM.The BOCC meeting Will be held In hybrid format,allowing the public to attend eilhervin Zoom auditing Rhefng's-cut aft pre- a.. ..any associated safety Webinar or In person.The in meeting will be held al the Marathon Government Center,located at 279a Overseas Highway, d-rion and increase 1, ris-I<s-," FAA Administrator Marathon,FL.The following Items Will be considered of the PUBLIC HEARING: of the troubled manufacturer Mike Whitaker said in the PUBLIC HEARINGS:09:00 AM(or as soon thereafter as may be heard): alter a pan el blew off ajediner statement."The grounding midnight last week,the fast of the 737-9 and the multiple AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY m a stung hf mishaps fur its pruductiun-related issues FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL HIGH(RH)TO MIXED USEICOMMERCIAL(MC),FOR TWO(2) narqucc mrcraft, identified in recent yeah re- PARCELS OF LAND,LEGALLY DESCRIBED AS LOTS 3 AND 4,WATERS EDGE,ACCORDING TO THE MAP OR PLAT The agency's nee-curves quire us to lcckat e D outian THEREOF,AS RECORDED IN PLAT BOOK 1,PAGE 184,OF THE RECORDS OF MONROE COUNTY,FLORIDA,HAVING just a day after it ammunccd to redo risk" PARCEL IDENTIFICATION NUMBERS 00132370-000000 AND 00132380-000000,AS PROPOSED BY MONROE COUNTY, vestlgatlhn imo whetiner The agency also will im PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, PROVIDING FOR Ehefng f iled to make sure a e hnitonng of 737-N1:u TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR fusela e 1 that blew hlT incidents that ha n nen while AMENDMENT TO THE FUTURE LAND USE MAP DESIGNATION(FLUM)MAP,PROVIDING FOR AN EFFECTIVE DATE. 6 Pane hap pc, (FILE 2023-124)See location map 1 below w..safe and mce,factumdto theI eis-in us-e. r oaet the design that r,g,la- Beefing said Thursday it AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE INTRODUCTION tors approved. andd cooperate with the FAA AND BACKGROUND,AND GLOSSARY OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO CLARIFY THE The FAA said Friday that it i veOfgmihm which is focus- CONTINUING APPLICATION OF THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO DEVELOPMENT,TO CLARIFY ould audit Beefng's-737 M. ing on plugs used to fill spots THE GENERAL AND DEFINED TERMS SECTIONS AND TO CLARIFY CONSTRUCTION OF CONFLICTS WITH THE MONROE B jetliner pruductiun Ifne,as for extra hours when those COUNTY CODE(S), PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, well as the cumpc v's pans exits arenht required for saf PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING supplfen"to evaluate Beefng'e r ns on Beefing 737 N1ax 9 FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FORAN EFFECTIVE DATE. wmplfz with its appoved jetliners. (FILE2023-127) q 'I t1 tor The F44' estigation the EA4 statement said it focusing on plugs used to fill A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND DISCLAIMING also would look into safety spots for extra hour when ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF EAST SECOND risks from the agency dole- those eats ar h e nut touched fur STREET,AS SHOWN ON THE PLAT OF MANDALAY,PLAT BOOK 1,PAGE 194,BOUNDED ON THE NORTHWEST BY gating inepediun auttmnty to safety reasons u Beefing 737 BLOCK 3;BOUNDED ON THE SOUTHWEST BY A PORTION OF SECOND AVENUE,BOUNDED ON THE SOUTHEAST BY BLOCK 4,LOTS 1-8,AND BOUNDED ON THE NORTHEAST BY EAST SECOND STREET,AND THAT PORTION OF THE tympany employees,and will N1ax 9jetlinem RIGHT-OF-WAY OF EAST FIRST STREET,AS SHOWN ON THE PLAT OF MANDALAY,PLAT BOOK 1,PAGE 194,BOUNDED ON THE NORTHWEST BY BLOCK 2,LOTS 30-33,BOUNDED ON THE SOUTHWEST BY A PORTION OF SECOND AVENUE, REGULAR UTILITY BOARD MEETING BOUNDED ON THE SOUTHEAST BY BLOCK 3,AND BOUNDED ON THE NORTHEAST BY EAST FIRST STREET. (FILE 2023-147) A REGULAR MEETING OF THE UTILITY BOARD OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY THE CITY OF KEY WEST,FLORIDA,WILL BE HELD TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, AS REQUESTED BY PAUL LAROCHELLE ON BEHALF OF PROPERTY DEVELOPMENT AND ACQUISITION,LLC,FOR PROPERTY LOCATED AT 5304 3RD AVENUE,APPROXIMATE ON WEDNESDAY,JANUARY 17,2024,AT 5:00 P.M. MILE MARKER 5,LOT 11,BLOCK 53,STOCK ISLAND,PLAT BOOK 1,PAGE 55,HAVING PARCEL ID NUMBER 0 012 670 0- IN THE KEYS ENERGY SERVICES BOARD ROOM, 000000,PROVIDING FOR SEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR LOCATED AT 1001 JAMES STREET. TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE, PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP,PROVIDING FORAN EFFECTIVE DATE.(FILE 2023-192) See location map 2 below THE MEETING IS OPEN TO THE PUBLIC. Map 1 Map 2 - r@gwu� "MiVll � 9tlN@II F'Yv +n�fit,maP n THE I E E HWSE > s F free P \ �,, OQt 323/Q RA4P44 \\\\\\ CH ILLAX-SLEEP-CREATE \ �OOt 323801I00f1f10 \. 1NU hVf T/ ko V � �p a aces nEai AV k sees .. sees ' Please visit the Monroe County Website at www.mnnmccnunty,;fignv,for meeting agenda updates and information ........................ ...... regarding the various options available to the public to vie view the live meeting andlor to make public comments on certain agenda items. Pursuant to Section 286,0105 Florida Shif,ft s,T.person decides k,ave.1.rydeci c O fl)e BoardOCwnty Commissioners,ih respect to any matter o-dead.t the meeting 0,!,Neeg,he-he aff-d.acordOrhe peco.dgs,and fl).,orsuch WrPosg he-he may-eift,ensure a verbafim record O fl)e proceedgsismede which recordrddies the testimony&evidence upon which the.ppeah,tube based ADAu... n.: i... c.m ASSISTANCE:If you are a person with a h.murombrity who 2-gkg spttial atne he- f 8 m omen I.participate in this procee(5) please contactthe th-c.def.dsf ectia Office,by phoning,..i per,he.11'7 the hours of 8:]0 a.m. 5:00 p.m.,no later than five(SJ ttlentlar tlays pnorfo fheschetluletlmeehng if you are hearing or wice imparetl,call%11." OURr, 00 Kevin Madok, CPA =o�...;.... :� Clerk of the Circuit Court&Comptroller—Monroe County, Florida �e coin February 1, 2024 Department of State Administrative Code&Register 500 S Bronougli Street Tallaliassee FL 32399-0250 To Wliom It May Concern, Attached is a copy of Ordinance No. 002-2024 approving an amendment to the Monroe County Tier Overlay District Map from Tier I to Tier III, as requested by Paul LaRoclielle on belialf of Property Development and Acquisition, LLC, for property located at 5304 3rd Avenue, Stock Island, Lot 11, Block 53, Stock Island, Plat Book 1, Page 55, currently leaving property identification number 00126700-000000, located at approximate mile marker 4.7; providing for severability;providing for repeal of conflicting provisions; providing for transmittal to die State Land Planning Agency and die Secretary of State; providing for amendment to the Tier Overlay District Map; providing for an effective date. This Ordinance was adopted by die Monroe County Board of County Commissioners at a regular meeting, field in formal session, on January 31, 2024. Sliould you leave any questions please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of die Circuit Court& Comptroller& ex-officio to die Monroe County Board of County Commissioners by.•Parnela G. Hancock, D.C. cc: Planning&Environmental County Administrator County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 iurW ,u FLORIDA DEPARTMENT Of'STATE RON DESANTIS CORD BYRD Governor Secretary of State February 2, 2024 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Dear Kevin Madok, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 002-2024, which was filed in this office on February 1, 2024. Sincerely, Matthew Hargreaves Administrative Code and Register Director MJH/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270