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Ordinance 006-2019 • 1 2 4 YAKf i 5 6 7 MONROE COUNTY, FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. 006 -2019 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE 13 DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL MOBILE 14 HOME (URM) TO MIXED USE (MU), FOR PROPERTY LOCATED AT 15 5650 E. LAUREL AVE., STOCK ISLAND, MILE MARKER 5, AS 16 PROPOSED BY 5650 LAUREL,LLC; PROVIDING FOR SEVERABILITY; 17 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 18 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING 19 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR 20 AMENDMENT TO THE LAND USE DISTRICT (ZONING) MAP; 21 PROVIDING FOR AN EFFECTIVE DATE. 22 23 24 WHEREAS, on July 5, 2018, the Planning and Environmental Resources Department 25 received an application from 5650 Laurel, LLC "the Applicant," to amend the Land Use District 26 (Zoning) Map from Urban Residential Mobile Home (URM) to Mixed Use (MU), for property 27 located at 5650 E. Laurel Ave., Stock Island, with Parcel ID 00124390-000000; and 28 29 WHEREAS, the property has a Mixed Use / Commercial (MC) Future Land Use Map 30 designation; and 31 32 WHEREAS,the Monroe County Development Review Committee (DRC) considered the 33 proposed amendments at a regularly scheduled meeting held on the 26th day of September, 2018; 34 and 35 36 WHEREAS,the Monroe County Development Review Committee(DRC) considered the 37 proposed amendments at a regularly scheduled meeting held on the 26th day of September, 2018; 38 and 39 40 WHEREAS, at a regularly scheduled meeting held on September 26, 2018, the Monroe 41 County Planning Commission held a public hearing for the purpose of considering the proposed 42 amendment to the Land Use District(Zoning)Map and provided for public comment; and 43 Ord.No. 006- 2019 Page 1 of 4 File 2018-141 1 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P33-18 2 recommending approval of the proposed Zoning map amendment; and 3 4 WHEREAS, at a regularly scheduled meeting held on the 20th day of February, 2019, the 5 Monroe County Board of County Commissioners held a public hearing,considered the staff report, 6 and provided for public comment and public participation in accordance with the requirements of 7 state law and the procedures adopted for public participation in the planning process; and 8 9 WHEREAS, based upon the documentation submitted and information provided in the 10 accompanying staff report, the BOCC makes the following Findings of Fact: 11 12 1. Prior to the 1986 adoption of the County's current land development regulations and 13 their associated land use district maps,the subject parcel was within the BU-2 (medium 14 business district); and 15 2. In 1986, a series of zoning maps, entitled the Land Use District Map, were adopted for 16 all areas of the unincorporated county, and the subject parcel was given its current 17 zoning designation of Urban Residential Mobile Home (URM); and 18 3. Monroe County Code (MCC) §102-158 states that map amendments are not intended 19 to relieve particular hardships, nor to confer special privileges or rights on any person, 20 nor to permit an adverse change in community character, analyzed in the Monroe 21 County Comprehensive Plan, but only to make necessary adjustments in light of 22 changed conditions or incorrect assumptions or determinations as determined by the 23 findings of the BOCC; and 24 4. MCC §102-158(d)(7)b. provides that one or more of the following criteria must be met 25 for a map amendment: 26 a. Changed projections (e.g., regarding public service needs) from those on which the 27 text or boundary was based; 28 b. Changed assumptions (e.g., regarding demographic trends); 29 c. Data errors, including errors in mapping, vegetative types and natural features 30 described in volume I of the plan [the Comprehensive Plan]; 31 d. New issues; 32 e. Recognition of a need for additional detail or comprehensiveness; or 33 f. Data updates; and 34 5. Map amendments to the Monroe County Land Use District Map shall not be 35 inconsistent with the Principles for Guiding Development in the Florida Keys Area of 36 Critical State Concern; and 37 38 WHEREAS, based upon the documentation submitted and information provided in the 39 accompanying staff report,the BOCC makes the following Conclusions of Law: 40 41 1. The proposed map amendment is consistent with the provisions of the Monroe County 42 Code: 43 a. As required by MCC §102-158, the map amendment does not relieve particular 44 hardships, nor confer special privileges or rights on any person, nor permit an Ord. No.006-2019 Page 2 of 4 File 2018-141 1 adverse change in community character, as analyzed in the Monroe County Year 2 2030 Comprehensive Plan; 3 b. As required by MCC §102-158(d)(7)b., the map amendment is needed due to new 4 issues and recognition of a need for additional detail or comprehensiveness. ; and 5 6 2. The proposed map amendment is consistent with the provisions and intent of the ' 7 Monroe County Year 2030 Comprehensive Plan: 8 a. The Mixed Use (MU)Land Use (Zoning)District corresponds with the Mixed Use/ 9 Commercial (MC) Future Land Use Map designation and is consistent with the 10 respective density and intensity standards as set forth in Policy 101.5.25; 11 b. The Mixed Use (MU) Land Use (Zoning) District is consistent with the purpose of 12 the Mixed Use/Commercial (MC) Future Land Use Map designation, as set forth 13 in Policy 101.5.6; 14 c. The proposed amendment is not inconsistent with the Stock Island / Key Haven 15 Livable CommuniKeys Plan; and 16 17 3. The proposed map amendment is not inconsistent with the Principles for Guiding 18 Development in the Florida Keys Area of Critical State Concern; 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 21 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 22 23 Section 1. The Monroe County Land Use District(Zoning)map is hereby amended as follows: 24 25 The property located at 5650 E. Laurel Avenue, Stock Island, legally described as 26 Block 31, Lot 5, Maloney Subdivision (Plat Book 2, Page 55), having real estate 27 number 00124390-000000 shall be designated as Mixed Use (MU) as shown on 28 Exhibit 1, attached hereto and incorporated herein. 29 30 31 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 32 provision of this ordinance is held invalid,the remainder of this ordinance shall not 33 be affected by such validity. 34 35 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 36 conflict with this ordinance are hereby repealed to the extent of said conflict. 37 38 Section 4. Transmittal.This ordinance shall be transmitted to the Florida State Land Planning 39 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 40 Ord.No.006- 2019 Page 3 of 4 File 2018-141 1 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of 2 Florida but shall not become effective until approved by the Florida State Land 3 Planning Agency and, if appealed, until the appeal is resolved pursuant to Chapter 4 120 of the Florida Statutes. 5 6 Section 6. Inclusion on the Monroe County Code's Official Land Use District Map. The 7 provisions of this Ordinance shall be included and incorporated on to the Official 8 Land Use District Map of Monroe County. 9 10 Section 7. Effective Date. This ordinance shall become effective as provided by law and 11 stated above. 12 13 PASSED AND ADOPTED by the Board of Cou nty +�Cyommissioners of Monroe County, 14 Florida, at a regular meeting held on the"44 day of d L 0 , a°(9 15 16 Mayor Sylvia Murphy, District 5 Yes 17 Mayor Pro Tern Danny L. Kolhage, District 1 Yes 18 Commissioner Michelle Coldiron, District 2 Yes 19 Commissioner Heather Carruthers, District 3 Yes 20 Commissioner David Rice, District 4 Yes 21 22 BOARD OF COUNTY COMMISSIONERS 23 ,yq OF MONROE UNT LORIDA 24 25 �, \T"� BY 1\� 1 26 a=;i74 \\ ,t� w Mayo Y lv' Murphy rP Y t 4 4 \ d i4 � Q 28 i (SEAL); '/ 29 {,,>' < { 30 ATTEST::KEVIN MADOK, CLERK NCHE CO3.11111,AT T ORNEY 31 A0 32 .,.. . 33 DEPUTY CLERK ST VE T.WtIL I rn 6.11 -r1F33 am m • Ord.No.006 n 2019 Page 4 of 4 File 2018-141 Exhibit 1 to Ordinance## 006 -2019 �` z \ o \ m m \ a �s L` � OVER SEPSNWr' ---- 00124390-000000 ---`" `--� �� LAUREL L AVE `M I MACDONALD AVE [ MACDONALD AVE co _ _ i- i cc {:N_ . 1- 1ST AVE co \ co _j 12 • 2ND AVE 9/F \ w / 4/>\// / /� The Monroe County Land Use District is amended as indicated above. Land Use District change of one parcel of land in Stock Island having Real Estate Number 00124390-000000 from Urban Residential Mobile home(URM)to Mixed Use(MU). N A 0,-' l KEY VWEST The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.corn MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 Account: 138694 Ticket: 277289 F ? PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] COUNTY OF MONROE Before the undersign authority personallyappeared fen i dlif raves l J ,who on oath says that he or she is of the Key West Citizen, a daily newspaper publishe in Key st, in Monroe County, Florida;that the attached copy of advertisment, being a egal notice in the matter of was published in said newspaper in the issues of: Monday, February 4,2019 IV- 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 every day, 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 advertisement for publica- tion in t s-id n- spaper. / LIMA (Sign r re'of Affian; Affi -• .n. sub y 4 .- ore me this 4th day of February 2019 aiii,,A4//// ,,,ii. : ., 1- fi . i evr'/ d, (Notary Pu', is Printed Name) (Notary Seal) My commission expires ��27 Personally Known X Produced Identification Type of Identification Produced A y'; _ Suelynn Stamper _+4 4 COMMISSION#GG232801 '' R�,;,;.�'' XPIIRRES:June 27, 2022 Thru Aaron Notary MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING NOTICE OF CHANGE TO MONROE COUNTY LAND USE (ZONING) DISTRICT MAP NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN February 20, 2019 MOTICE IS HEREBY GIVEN that on Wednesday,February 20,2019,the Monroe County Board of County Commissioners will hold a Public Meeting at the Harvey Government Center,1200 Truman Ave,Key West, Monroe County,Florida.to review and receive public comment for the following items: aA RESOLUTION SETTING THE DATE,TIME.AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF THE RIGHTS-OF-WAY OF MACDONALD AVENUE AND FIRST STREET,STOCK ISLAND,MONROE COUNTY,FLORIDA,AS SHOWN ON THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND.PLAT BOOK 1,PAGE 55;BOUNDED ON THE NORTH BY ALL OF BLOCK 22;BOUNDED ON THE WEST BY SECOND STREET AND ALL OF BLOCK 34;BOUNDED ON THE SOUTH BY ALL OF BLOCK 34,AND BY FIRST STREET ADJACENT TO BLOCK 34 LOT 11 AND BLOCK 33 LOT 20;AND BOUNDED ON THE EAST BY BLOCK 33 LOT 1 AND THE PLATTED SHORELINE. (File#2016-179). A RESOLUTION SETTING THE DATE,TIME.AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF THE RIGHT-OF-WAY OF LAUREL AVENUE,AS SHOWN ON ' THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND,PLAT BOOK 1,PAGE 55,BOUNDED ON THE NORTH BY ALL OF BLOCK 23;BOUNDED ON THE WEST BY SECOND STREET;BOUNDED ON THE SOUTH BY ALL OF BLOCK 32;AND BOUNDED ON THE EAST BY ADJACENT BAY BOTTOM AND A PARCEL OF LAND ADJACENT TO GOVERNMENT LOT 2,SECTION 35,TOWNSHIP 67 SOUTH,RANGE 25 EAST.STOCK ISLAND MONROE COUNTY FLORIDA (File#2010-130). PUBLIC HEARINGS:3:00 PM(or as soon thereafter as may be heard): BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY TIED.OVERLAY DISTRICT MAP FROM TIER III-A TO TIER III AS REQUES I ED BY -LIZ HOMES,LLC FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 9 LOT 31 INDIAN MOUND ESTATES,SUGARLOAF KEY PLAT BOOK 4 PAGE 132, SUGARLOAF KEY,HAVING REAL ESTATE 'NO.00171070-000000:AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF PLANNING AND EN- VIRONMENTAL RESOURCES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRE- TARY OF STATE;PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-136). See Map 1 Below AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER III-A TO TIER III AS REQUESTED BY LIZ HOMES, LLC FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 9 LOT 32 INDIAN MOUND ESTATES. SUGARLOAF KEY PLAT BOOK 4 PAGE 132, SUGARLOAF KEY, HAVING REAL ESTATE NO.00171080-000000:AS PROPOSED BY THE MONROE COUNTY DEPARTMENT OF PLANNING AND EN- VIRONMENTAL RESOURCES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRE- TARY OF STATE;PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-137). See Map 2 Below AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM URBAN RESIDENTIAL MOBILE HOME(URM) TO MIXED USE(MU),FOR PROPERTY LOCATED AT 5650 E.LAUREL AVE.,STOCK ISLAND,MILE MARKER 3,AS PROPOSED BY 5650 LAUREL, LLC; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING) MAP;PROVIDING FOR AN EFFECTIVE DATE.(File 2018-141). See Map 3 Below AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY COMPREHENSIVE PLAN AS A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, CREATING POLICY 107.1.7 COCO PALMS AF- FORDABLE HOUSING SUBAREA; ESTABLISHING THE BOUNDARY OF THE COCO PALMS AFFORDABLE HOUSING SUBAREA;LIMITING THE PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED AFFORD- ABLE HOUSING DWELLING UNITS; LIMITING MAXIMUM NET DENSITY FOR AFFORDABLE HOUSING IN THE SUBAREA;AND ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO;FOR PROPERTY LO- CATED AT 21585 OLD STATE ROAD 4A.CUDJOE KEY,APPROXIMATELY MILE MARKER 22, HAVING REAL ESTATE#00174960-000000,AS PROPOSED BY SMITH HAWKS,PL ON BEHALF OF MOBILE HOMES HOLD- INGS COCO,LLC;TO ACCOMPANY A PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP(FLUM) FROM RESIDENTIAL HIGH(RH)AND RESIDENTIAL CONSERVATION(RC)TO MIXED USE/COMMERCIAL (MC);PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVID- ING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN:PROVIDING FOR AN EFFECTIVE DATE.(File#2018-050). See Map 4 Below AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY FUTURE LAND USE MAP AS A SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT PURSUANT TO SECTION 163.3187,FLORIDA STATUTES. FROM RESIDENTIAL HIGH(RH)AND RESIDEN- TIAL CONSERVATION(RC)TO MIXED USE/COMMERCIAL(MC),FOR PROPERTY LOCATED AT 21585 OLD STATE ROAD 4A,CUDJOE KEY.APPROXIMATELY MILE MARKER 22, HAVING REAL ESTATE#00174960- 000000,AS PROPOSED BY SMITH HAWKS,PL ON BEHALF OF MOBILE HOMES HOLDINGS COCO,LLC; CONTINGENT ON ADOPTION AND EFFECTIVENESS OF PROPOSED SUBAREA POLICY 107.1.7 OF THE COMPREHENSIVE PLAN TO PROVIDE LIMITATION ON DEVELOPMENT AND SPECIFIC RESTRICTIONS ON THE SUBJECT PROPERTY;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE#2018-051). See Map 4 Below AN ORDINANCE BY THE MQNROE COUNTY BOARD OF COUNTY COMMISSIONER$AMENDING THE MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM NATIVE AREA(NA)AND URBAN RESIDEN- TIAL-MOBILE HOME(URM)TO SUBURBAN COMMERCIAL(SC).FOR PROPERTY LOCATED AT 21585 OLD STATE ROAD 4A, CUDJOE KEY. APPROXIMATE MILE MARKER 22, HAVING REAL ESTATE # 00174960- 000000,AS PROPOSED BY SMITH HAWKS,PL ON BEHALF OF MOBILE HOMES HOLDINGS COCO.LLC; CONTINGENT ON ADOPTION AND EFFECTIVENESS OF PROPOSED SUBAREA POLICY 107.1.7 OF THE COMPREHENSIVE PLAN TO PROVIDE LIMITATION ON DEVELOPMENT AND SPECIFIC RESTRICTIONS ON THE SUBJECT PROPERTY;PROVIDING FOR SEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP; PROVIDING FOR AN EFFECTIVE DATE.(FILE#2018-052). See Map 4 Below M1l1 MAP 2 r-1ne Teo ill-A!, r,!II • , E3rl— t ' t 001�1070.000000 00111060-000000 cater ST I. • Sugarloaf Key Sugarloaf Key A Mae Masker 20 A title Masker 22 MAP3 MAP4 Luo i3RM to Kw 002,1110411000 w'r,a ca.ezz, • o I SteC.,see's cuOtce KS, We Vat..S Mite Mar:,r,." Copies of the above are available at the Monroe County Planning Department offices in Marathon and Key Largo during normal business hours and online at: www.monroecounty-fLgov Pursuant to Section 286.0105 Florida Statutes. if a person decides to appeal any decision of the Board of County Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a fa cord of the proceedings,and that,for such purpose,he or she may need to insure a verbatim record of the proceedings is made.which record includes the testimony&evidence upon which the appeal is to be based. ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305) 282-4441,between the hours of 8:30 a.m. -5:00 p.m.,no later than five(5)calendar days prior to the wed meeting•if you are hearing or voice impaired,call"711" February 4.2019 Key West Citizen March 6, 2019 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 006-2019 amending the Monroe County Land Use District (Zoning) Map from Urban Residential Mobile Home (URM) to Mixed Use (MU), for property located at 5650 E Laurel Avenue, Stock Island, mile marker 5, as proposed by 5650 Laurel, LLC; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for amendment to the Land Use District (Zoning) Map; providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on February 20, 2019. Should you have any questions, please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller & ex-officio to the Monroe County Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Planning & Environmental County Administrator County Attorney BOCC File 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State March 6, 2019 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 006-2019, which was filed in this office on March 6, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.ft.us