Ordinance 047-2001ORDINANCE NO. 047 -2001
A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS RECOMMENDING APPROVAL OF THE
REQUEST BY KEY WEST BREWERY TO AMEND THE LAND
USE DISTRICT (ZONING) MAP FROM SUB URBAN
COMMERCIAL (SC) TO INDUSTRIAL (I) FOR PROPERTY
DESCRIBED AS 99 CALLE UNO, PART OF GOVERNMENT LOT 5,
SECTION 21, TOWNSHIP 67 SOUTH, RANGE 26 EAST, EAST
ROCKLAND KEY, AT APPROXIMATELY MILE MARKER 9.5.
WHEREAS, The Monroe County Board of County Commissioners, during their regular
meeting held on March 21, 2001, conducted a review and consideration of a request filed by the
applicant to amend the Future Land Use Map from Mixed Use/Commercial (MC) to Industrial
(1) for property located at 99 Calle Uno, part of Government Lot 5, Section 21, Township 67
South, Range 26 East, East Rockland Key, Monroe County, Florida with a real estate number of
00122000.000000.
WHEREAS, the Development Review Committee, Planning Commission and staff
report all recommend approval of this future land use map amendment from MC to I as indicated
in Resolutions D02-01 and P05-01; and
WHEREAS, the Planning Commission held a public hearing on February 7, 2001 and
recommends approval of the request; and
WHEREAS, the Board of County Commissioners made the following Findings of Fact:
1. Section 9.5-511(d) (5) b. of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes
under six listed conditions. This map amendment recognizes the need for additional
comprehensiveness.
2. Section 9.5-511 of the Monroe County Land Development Regulations also prohibits a change
which negatively impacts community character.
3. Objective 101.4 of the Monroe County Year 2010 Comprehensive Plan requires that the
County regulate future development to maintain the character of the community.
4. The subject property contains the Key West Brewery on East Rockland Key, adjacent to U.S.
1, and proximate to a variety of industrial, commercial, residential and other uses.
5. The pre-1986 zoning of the subject property was BU-2T, a primarily industrial zone.
6. The subject property is designated Sub Urban Commercial (SC) on the current Land Use
District (Zoning) Map.
File #M00151 Page I of 3 Initials
Key West Brewery ZONING
7. On December 16, 1999, Minor Conditional Use approval was granted for the redevelopment
of a beer distributorship to a micro -brewery.
8. On February 28, 1986, the zoning of the subject property was changed to Sub Urban
Commercial (SC) from BU-2T. The remainder of the parcel was changed to Industrial (I).
This resulted in the creation of a split -zoning situation where one historically single parcel
was divided into two (2) different zoning districts. There is no apparent rationale for the split -
zoning and it may have been done as a result of an error. Consequently, though, the FLUM
designations were made based on the 1986 zoning classifications.
9. According to Section 9.5-206 of the Monroe County Code, the purpose of the Sub Urban
Commercial (SC) Land Use District is to establish areas of commercial uses designed and
intended primarily to serve the needs of the immediate planning area in which they are
located.
10. The subject property is bordered by the following Future Land Use Map designations: To the
north by Improved Subdivision (IS), to the west by Industrial (I), to the east by Sub Urban
Commercial (SC), and to the south, across U.S. 1, by Native Area (NA).
11. Historically, the subject property has been industrial in use. The current use of the property is
industrial. The projected future use of the property is either industrial or can be
accommodated under an industrial designation.
WHEREAS, the Board of County Commissioners made the following Conclusions of Law:
1. This amendment meets the criteria outlined in Section 9.5-511 (d)(5)b.(iii) and the
requirements of Section 9.5-220 and will not negatively impact or alter the character of the
subject property or the surrounding area.
2. No rationale is apparent for the split -zoning situation and an error may have occurred. Since
the pre-1986 zoning designation, BU-2T, was primarily an industrial zone, the appropriate
current designation of the property should be Industrial (I).
3. The proposed change in the Land Use District Map is appropriate. The current zoning
designation of Sub Urban Commercial (SC) is not consistent with the historical, existing or
proposed future use of the property; NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions of law stated
above.
File #M00151 Page 2 of 3 Initials
Key West Brewery ZONING
Section 2. The previously described property, which is currently designated Sub Urban
Commercial shall be designated Industrial as shown on the attached map, which is hereby
incorporated by reference and attached as Exhibit 1.
Section 3. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 4. This ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or Administration Commission approving the amendment pursuant to
Chapter 380, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20thof December , 2001.
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Mayor Charles "Sonny" McCoy yes
Mayor Pro Tern Dixie Spehar yP.q
Commissioner Murray Nelson absent
Commissioner George Neugent yes
Commissioner Nora Williams yes
KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE WUNTY, FLORIDA
BY (J�
Mayor Chakies "Sonny" McCoy
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APPROVED AS TO FORM
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File #M00151 Page 3 of 3 Initials
Key West Brewery ZONING
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Proposed Land Use District Map
Amendment: Street Map
Key: East Rockland Key
Mile Marker: Appro:amate Mile Marker 9.5
Proposal: Key West Brewery, Inc.is requesting a land Use District Map amendment from Suburban
Commercial (SC) to Industrial (1) and a Future Land Use Map amendment form Mixed Usel
Commercial MC to Industrial I
Property description: Part of Gov. Lot 5, Sec 21, Twp 67 S, Rge 26 E., Rockland Key, Monroe
County, Florida
Land Use District Map M 554
Map Amendment #: 00151
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The Monroe County Land Use Map is proposed to be
amended as indicated above and briefly described as: East
Rockland Key, Pt Lot 5 of Sec. 21, Two 67 S, Rge 26 E., Monroe County, Florida
Chance SC to I
Pursuant to: BOCC Ord. & DCA F.O. -OR-
Effective Date:
Director of Planning and Environmental Resources Date
Amendment #: 00151 Sheet # : 554
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BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
January 17, 2002
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Via Certified Mail 7099 3400 0005 9118 4332
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 044-2001 approving the request by Hugh J. Morgan to amend the Future
Land Use Map from residential conservation (RC) to residential high (RH) for properties
described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch Key,
located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at approximately mile
marker 98.5.
Ordinance No. 045-2001 approving the request by Hugh J. Morgan to amend the Land
Use District (Zoning) Map from native (NA) to urban residential - mobile home (URM) for
properties described as Lots 11 & 12, Coral Shores Mobile Home Estates Section 2, Little Torch
Key, located in Section 20, Township 66S, Range 29E, Monroe County, Florida, at
approximately mile marker 98.5.
Ordinance 046-2001 approving a request by John J. and J. Leslie Brier to amend the
Future Land Use Map from residential medium (RM) to residential high (RH) for the properties
described as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, Block 27, Sands
Subdivision, Big Pine Key, located in Section 25, Township 66S, Range 29E, at approximately
mile marker 31.
Ordinance No. 044-2001 to 054-2001
January 17, 2002
Ordinance No. 047-2001 recommending approval of the request by Key West Brewery
to amend the Land Use District (Zoning) Map from sub urban commercial (SC) to industrial (I)
for property described as 99 Calle Uno, part of Government Lot 5, Section 21, Township 67
South, Range 26 East, East Rockland Key, at approximately mile marker 9.5.
Ordinance No. 048-2001 recommending approval of the request by Key West Brewery
to amend the Future Land Use Map from mixed use/commercial (MC) to industrial (I) for
property described as 99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South,
Range 26 East, East Rockland Key, at approximately mile marker 9.5.
Ordinance No. 049-2001 approving the request by James Dougherty, Jr. to amend the
Future Land Use Map from residential conservation (RC) and residential medium (RM) to
residential medium (RM) for the upland portions of the properties described as Lots 43, 44, 45,
and 46, Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range
39E, at approximately mile marker 98.5.
Ordinance No. 050-2001 approving the request by James Dougherty, Jr. to amend the
Land Use District (Zoning) Map from native area (NA) and improved subdivision (IS) to
improved subdivision (IS) for the upland portions of properties described as Lots 43, 44, 45, and
46, Buccaneer Point Subdivision, Key Largo, located in Section 31, Township 61 S, Range 39E,
at approximately mile marker 98.5.
Ordinance No. 051-2001 approving the request by Leonard Lovallo to amend the Future
Land Use Map from recreation (R) to residential medium (RM) for property described as part of
Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo, located in Section 13,
Township 59 South, Range 40 East, located within the Ocean Reef Club at the northern terminus
of County Highway 905.
Ordinance No. 052-2001 approving the request by Leonard Lovallo to amend the Land
Use District (Zoning) Map from park and refuge (PR) to improved subdivision (IS) for property
described as part of Tract A, Harbor Course Section Four, Ocean Reef Plat No. 13, Key Largo,
located within the Ocean Reef Club at the northern terminus of County Highway 905.
Ordinance No. 053-2001 approving a request of the Monroe County Planning
Department to amend the Monroe County Year 2010 Comprehensive Plan by amending Policy
101.3.4 which exempts public facilities from the requirements of the Permit Allocation System.
Ordinance No. 054-2001 to amend the Monroe County Year 2010 Comprehensive Plan
to include a cultural resources element.
Ordinance No. 044-2001 to 054-2001
January 17, 2002
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on December 20, 2001. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissi ners
by: �--
Pamela G. H cock, Deputy Clerk
Cc: County Administrator w/o documents
Growth Management
County Attorney
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
January 24, 2002
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
RINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated January 17, 2002 and certified copies of Monroe County
Ordinance Nos. 044-2001 through 054-2001, which were filed in this office on
January 23, 2002.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building • 107 West Gaines Street • Tallahassee, Florida 32399-0250 • (850) 245-6270
FAX: (850) 245-6282 9 WWW Address: http://www.dos.state.fl.us 9 E-Mail: election@mail. dos. statefl. us
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
(Ord. 044 to 054-2001)
2. 1
7
PS
A. Received by (Please Print Clearly) I B. Date of Delivery
C. Signatur E�ART's"-N'T ®F'C'&'-F'ATF
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102595-00-M-0952
DCA Final Order No.:
DCA02-OR-139
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 047-2001
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FINAL ORDER m
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The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2001), approving
Monroe County Ordinance No. 047-2001 as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area.is a.statutorily designated area of critical state concern, and
Monroe County is'a- local --government within the Florida Keys Area.
2. On April 19, 2002, the Department received for. review Monroe County Ordinance No.
047-2001 which was adopted by the Monroe County Board of County Commissioners on
December 20, 2001 ( "Ord. 047-2001 "). Ord. 047-2001 amends the Monroe County Land Use
District (Zoning) Map from Suburban Commercial (SC) to Industrial (I) for property located at
99 Calle Uno, part of Government Lot 5, Section 21, Township 67 South, Range 26 East, East
Rockland Key.
3. Ord. 047-2001 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. ' The Department is required: to. approve ,or rej ect land development regulations that are
enacted, amended or rescinded -by any local -government in the Florida Keys Area of Critical
State Concern. §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2001).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2001) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. § 380.031(8), Fla. Stat. (2001). The regulations
adopted by Ord. 047-2001 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles"). § 380.0552(7), Fla. Stat.; see Rathkamp v. Department of Community Affairs, 21
F.A.L.R. 1902 (Dec. 4, 1998), affd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The Principles are
construed as a whole and no specific provision is construed or applied in isolation from the other
provisions. § 380.0552(7), Fla. Stat. (2001).
8. Ord. 047-2001 promotes and furthers the following Principle in § 380.0552(7):
(a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
the continuation of the area of critical state concern designation.
9. Ord. 047-2001 is not inconsistent with the remaining Principles. Ord. 047-2001 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 047-2001 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
2
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in
SbNNY TIMMERMAN, DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
3
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK; IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk,*and that true and correct copies have been furnished to
the persons listed below by the method indicated this _&§ay of May, 2002.
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,Paula Ford, Agency Clerk
By U.S. Mail:
Honorable Charles "Sonny" McCoy
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to.the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau Chief, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee
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