Ordinance 030-2020 1
2ciaa
3
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5 MONROE COUNTY,FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 030 -2020
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
12 COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 101.5.25 TO
13 REDUCE THE OPEN SPACE RATIO FOR THE RECREATION (R) FUTURE
14 LAND USE CATEGORY; PROVIDING FOR SEVERABILITY; PROVIDING
15 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
16 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
17 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
18 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;
19 PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-131)
20
21
22 WHEREAS, pursuant to Article VIII of the Florida Constitution and Florida Statutes Section
23 125.66, Monroe County possesses the police power(s)to enact ordinances in order to protect the health,
24 safety, and welfare of the County's residents; and
25
26 WHEREAS,the adopted Comprehensive Plan requires a 90% open ratio for the Recreation(R)
27 future land use category which is similar to requirements of the Conservation and Preservation future
28 land use categories; however,this category is intended for the provision of recreational facilities and not
29 simply for passive recreation,landscape,preservation, or conservation uses; and
30
31 WHEREAS, amending the open space ratio within the Comprehensive Plan will allow the
32 County to meet the needs of constituent requests for additional active recreational facilities and allow
33 for Americans with Disabilities Act (ADA) improvements necessary to ensure that newly constructed,
34 redeveloped and altered recreation facilities meet the requirements of the ADA and are readily accessible
35 to and usable by individuals with disabilities; and
36
37 WHEREAS, on October 15, 2019, a community meeting was held, as required by Land
38 Development Code(LDC)Section 102-I59(6)(3),to discuss the proposed Comprehensive Plan and LDC
39 text amendments, and to provide for public participation; and
40
41 WHEREAS,on October 29,2019,the Monroe County Development Review Committee(DRC)
42 reviewed the proposed amendment; and
43
44 WHEREAS, at a regularly scheduled meeting held on January 29, 2020, the Monroe County
45 Planning Commission held a public hearing for the purpose of considering the proposed amendment and
46 provided for public comment; and
47
Ordinance No.030-2020 Page 1 of 4
File 2019-131
1 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P03-20
2 recommending approval for the proposed amendment; and
3
4 WHEREAS,at a regularly scheduled meeting held on June 17,2020,the Monroe County Board
5 of County Commissioners held a public hearing, to consider the transmittal of the proposed text
6 amendment, considered the staff report and provided for public comment and public participation in
7 accordance with the requirements of state law and the procedures adopted for public participation in the
8 planning process; and
9
10 WHEREAS, at the June 17, 2020, public hearing, the BOCC adopted Resolution 183-2020,
11 transmitting the proposed text amendment to the State Land Planning Agency; and
12
13 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
14 Objections, Recommendations and Comments (ORC) report, received by the County on August 28,
15 2020; and
16
17 WHEREAS, the ORC report stated "the Department does not identify any objection or
18 comments to the proposed amendment;"and
19
20 WHEREAS,the County has 180 days from the date of receipt of the ORC to adopt the proposed
21 amendment, adopt the amendment with changes or not adopt the amendment; and
22
23 WHEREAS, at a regularly scheduled meeting on the 16th day of September, 2020, the BOCC
24 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment; and
25
26 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
27 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
28 the residents of the Florida Keys and to strengthen our local government capability to manage land use
29 and development; and
30
31 WHEREAS, based upon the documentation submitted and information provided in the
32 accompanying staff report, the Monroe County Board of County Commissioners makes the following
33 Conclusions of Law:
34
35 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
36 Monroe County Year 2030 Comprehensive Plan; and
37 2. The proposed amendment is consistent with the Principles for Guiding Development
38 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
39 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
42 OF MONROE COUNTY,FLORIDA:
43
44 Section 1.The foregoing recitals are true and correct and are hereby incorporated as if fully set
45 forth herein.
46
47 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows:
48
Ordinance No.030-2020 Page 2 of 4
File 2019-131
1
Proposed Amendment deletions are ettieken-thffough; additions are shown in underlined .
2
3 Policy 101.5.25
4 Monroe County hereby adopts the following density and intensity standards for the future land use
5 categories,which are shown on the FLUM and described in Policies 101.5.1-101.5.20.
6
Future Land Use Densities and Intensifies
Residential(I) Nonresidential Minimum
Allocated Maximum Open
Future Land Use Category and Maximum Net Space
Corresponding Zoning Density t°I Density"I') Ratio Ratio l°0
(per upland (per buildable acre) (floor area
acre) ratio)
Recreation(R) 0 du N/A -�� __-- 0.20 - _� 0.50
(PR zoning) 2 rooms/spaces N/A 9,90-
7
8 sees•
9
10 Section 3. Inconsistency,Partial Invalidity, Severability, and Survival of Provisions. If any
11 provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in or by any
12 administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of
13 such provision, or any portion thereof, shall neither limit nor impair the operation, enforceability, or
14 validity of any other provision of this Ordinance, or any remaining portion(s) thereof. All other
15 provisions of this Ordinance, and remaining portion(s) thereof, shall continue unimpaired in full force
16 and effect.
17
18 Section 4. Conictina Provisions. All ordinances or parts of ordinances in conflict with this
19 ordinance are hereby repealed to the extent of said conflict.
20
21 Section 5. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
22 Agency as required by Chapter 163 and 380, Florida Statutes.
23
24 Section 6. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
25 Florida but shall not become effective until a notice is issued by the State Land Planning Agency or
26 Administration Commission fording the amendment in compliance with Chapter 163, Florida Statutes
27 and after any applicable challenges have been resolved.
28
29 Section 7. Inclusion in the Monroe County Comprehensive Plan. The text amendment shall
30 be incorporated in the Monroe County Comprehensive Plan.The numbering of the foregoing amendment
31 may be renumbered to conform to the numbering in the Monroe County Comprehensive Plan.
32
33 Section 8.Effective Date.This ordinance shall become as provided by law and stated above.
34
35 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,
36 at a regular meeting held on the 16th day of September 2020.
37
38
Ordinance No.030-2020 Page 3 of 4
File 2019-131
1 Mayor Heather Carruthers Yes
2 Mayor Pro Tern Michelle Coldiron Yes
3 Commissioner Craig Cates Yes
4 Commissioner David Rice Yes
5 Commissioner Sylvia Murphy Yes
6
7
8 h'• �•i,, BOARD OF COUNT COMMISSIONERS
• F OF MONROE CO , RIDA
[r BY:
1•'I MAYOR EA H CARRUTHERS
14 i MO POE co ATORMCV
15
7
16 ATTE3� KEV CLERK PETER/2 MORRIS
`f ASSISTANT COUNTY ATTORNEY
17 Date:
8/20
18 AS DEPUTY CLERK
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Ordinance No.030-2020 Page 4 of 4
File 2019-131
KEYI/WEST
EN
The Florida Keys Only Deily Newspepec Est 187K
PO Box 1800 Key Weal FL 33041
P.(3051 292-7777 ext.219 F:(305)295-8025
Ieoabekeyanew8c88
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 355377
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
NA\Lf—t,wC Lt 1-) ,who on oath says that he or she is
A4 t—kkPL Vy I`trj of the Key West Citizen,a daily
newspaper 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
newspaper in the issues of.
Sunday.August 30,2020
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 e said gews r. f
(Signature ofARanp / /Tie
A a su•,crib.d before me this day of st 2020
•
(Nora btic re)
brie a a ure)
(Notary Publ c Printeddd"""Name) (Notary Seal) Suelynn Stamper
My commission expires c, 3'] Zwz
>=COMMISSIONS GG232802
EXPIRES:June 27, 2022
Personally Known X Produced Identfication_ Bonded 1M1 Amon Notary
Type of Identification Produced
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY COMPREHENSIVE PLAN
NOTICE OF CHANGE TO MONROE
COUNTY LAND DEVELOPMENT CODE
NOTICE OF CHANGE TO MONROE
COUNTY FUTURE LAND USE MAPS
NOTICE OF CHANGE TO MONROE
COUNTY LAND USE DISTRICT
(ZONING) MAPS
September 16, 2020
Pursuant to Executive Order No.20-69, Monroe County Emergency Directive 20-06,and Center
for Disease Control("CDC)social distancing guidelines established to contain the spread of the
COVID-19 virus,the September 16,2020 meeting of the Board of County Commissioners
will be conducted via Communication Media Technology("CMT")using a Zoom Webinar
platform.Please note that if Executive Order 20-69,as extended by Executive Orders 20-112,
20-123, 20-139, 20-150 &20-193 is rescinded, a traditional live meeting will be held at the
Nelson Government Center located at 102050 Overseas Highway,Key Largo,FL 33037. The
meeting will commence at 9:00 A.M.
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN ORDINANCE BY MONROE COUNIY BOARD OF COUNTY OQhmSSIONERS AMENDING MONROE
COUNTY LAND DEVELOPMENT CODE SECTION 130-75,THE PERMITTED AND CONDITIONAL USES
OF THE AIRPORT DISTRICT, TO ELIMINATE THE CONDITIONAL USE REQUIREMENT FOR PUBLIC
AIRPORTS;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 AND INCORPORATION IN THE MONROE COUNTY LAND
DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2020-081)
AN__ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 101.5.25
TO REDUCE THE OPEN SPACE RATIO FOR THE RECREATION (R) FUTURE LAND USE CATEGORY;
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 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN
EFFECTIVE DATE. (FILE 2019-131)
AN ORDINANCE BY THE MONROES,OUNTY_BOARD OF COUNTY S OMMISSIONERS AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-164 TO REDUCE THE OPEN SPACE
RATIO FOR THE PARK AND REFUGE(PR)LAND USE(ZONING)DISTRICT;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 INCLUSION IN THE
MONROE COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-132)
AN ORDINANCE BY THE MONROE COUNTY BQARD OF COUNTY COMMItNlONERS AMENDING
THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH(RH)TO INSTITUTIONAL
(INS),FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE,KEY LARGO,MONROE COUNTY,FLORIDA,
HAVING PARCEL ID 00081740-000100, AS PROPOSED BY OCEAN REEF CHAPEL, INC.; 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 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE
FUTURE LAND USE MAP;PROVIDING FOR AN EFFECTIVE DATE (FILE 2019-220) (See Map 1 below)
AN ORDINANCE BY THE MONROE COUNTY_BOARD_Of_CkUNTI COMMISSIONE1 AMENDING
THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL (UR)TO
SUBURBAN COMMERCIAL (SC) / INSTITUTIONAL (INS) OVERLAY, FOR PROPERTY LOCATED AT 32
OCEAN REEF DRIVE, KEY LARGO, MONROE COUNTY, FLORIDA, HAVING PARCEL ID 00081740-
000100.AS PROPOSED BY OCEAN REEF CHAPEL, INC;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 2019-221)(See Map 2 below)
MAP 1 MAP 2
i K t
Pursuant to Executive Order No.20-69, Monroe County Emergency Directive 20-06,and Center
for Disease Control("CDC)social distancing guidelines established to contain the spread of the
COVID-19 virus,the September 16,2020 meeting of the Board of County Commissioners
will be conducted via Communication Media Technology(-GMT-)using a Zoom Webinar
platform.Please note that if Executive Order 20-69,as extended by Executive Orders 20-112.
20-123, 20-139, 20-150&20-193 is rescinded, a traditional live meeting will be held at the
Nelson Government Center located at 102050 Overseas Highway,Key Largo.FL '11037. The
meeting will commence at 9:00 A.M.
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN ORDINANCE BY MONROE COUNTY BOARP9F COUNTYS,QMMMIQNERS AMENDING MONROE
COUNTY LAND DEVELOPMENT CODE SECTION 130-75,THE PERMITTED AND CONDITIONAL USES
OF THE AIRPORT DISTRICT, TO ELIMINATE THE CONDITIONAL USE REQUIREMENT FOR PUBLIC
AIRPORTS;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 AND INCORPORATION IN THE MONROE COUNTY LAND
DEVELOPMENT CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2020-081)
AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY QOMMISSIONERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 101.5.25
TO REDUCE THE OPEN SPACE RATIO FOR THE RECREATION (R) FUTURE LAND USE CATEGORY;
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 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN
EFFECTIVE DATE. (FILE 2019-131)
ALI_QRDINANCE BY THE MONROE COUNTY BOARD OF COUNTY CQMMI.SSIONERS AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-164 TO REDUCE THE OPEN SPACE
RATIO FOR THE PARK AND REFUGE(PR)LAND USE(ZONING)DISTRICT;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 INCLUSION IN THE
MONROE COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-132)
AN_QBDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY FUTURE LAND USE MAP FROM RESIDENTIAL HIGH(RH)TO INSTITUTIONAL
(INS),FOR PROPERTY LOCATED AT 32 OCEAN REEF DRIVE,KEY LARGO,MONROE COUNTY,FLORIDA,
HAVING PARCEL ID 00081740-000100, AS PROPOSED BY OCEAN REEF CHAPEL INC.; 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 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE
FUTURE LAND USE MAP;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-220) (See Map 1 below)
AN ORDINANCE= BY THE MON OESQQUNIY_@QARD...OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY LAND USE DISTRICT (ZONING) MAP FROM URBAN RESIDENTIAL (UR) TO
SUBURBAN COMMERCIAL(SC) / INSTITUTIONAL(INS) OVERLAY, FOR PROPERTY LOCATED AT 32
OCEAN REEF DRIVE, KEY LARGO, MONROE COUNTY, FLORIDA, HAVING PARCEL ID 00081740-
000100,AS PROPOSED BY OCEAN REEF CHAPEL,INC; 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 2019-221)(See Map 2 below)
MAP 1 MAP 2
UJ
IoN1140000700 00011740.00100
y,.
Please visit the Monroe County Webslte at www.monroecounty-f!gey for meeting agenda updates
and information regarding the various options available to the public to view the live meeting and/or
to make public comments on certain agenda items.
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
record 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)
292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the
scheduled meeting;if you are hearing or voice impaired,call"711."
August 28.2020 Key VNst Ohm,
1, Kevin Madok, CPA
y4`.` r Clerk of the Circuit Court& Comptroller—Monroe County, Florida
September 22, 2020
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. 030-2020 adopting amendments to the
Monroe County 2030 Comprehensive Plan to amend Policy 101.5.25 to reduce the open space
ratio for the Recreation (R) Future Land Use Category; 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 and incorporation in the Monroe County
Comprehensive Plan; providing for an effective date (File 2019-131).
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
meeting, held in formal session,on September 16, 2020. Should you have any questions please
feel"recto contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-oflicio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cc: Planning& Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
tr !
it
'.
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
September 22, 2020
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam 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. 030-2020, which was bled in this office on September
22, 2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270