Ordinance 2013-63 ORDINANCE NO. 2013 - 63
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE) BY PROVIDING FOR AN AMENDMENT TO THE
"IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL
REDEVELOPMENT" TO INCLUDE WATER AND WASTEWATER
IMPACT FEES AS ELIGIBLE FEES FOR PROGRAM
PARTICIPATION; PROVIDING FOR A CLARIFICATION ON
EXEMPTION REQUIREMENTS FOR "ADULTS-ONLY
COMMUNITIES" FOR THE PURPOSES OF ASSESSING
EDUCATIONAL FACILITIES IMPACT FEES; PROVIDING FOR
THE REMOVAL OF AN OBSOLETE REFERENCE TO REFUND
PROVISIONS; PROVIDING FOR INCLUSION OF LANGUAGE
PARTIALLY MISSING RELATED TO REIMBURSEMENT
AGREEMENTS FOR DEVELOPMENTS UNABLE TO COMMENCE;
PROVIDING UPDATED REFERENCE TO THE FORMER
GOODLAND WATER DISTRICT; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for transportation since 1985; and
WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, based on guidance and direction provided by the Board of County
Commissioners at the regular meeting of the Board of County Commissioners on May 28, 2013
and the workshop held on June 4, 2013, provisions have been drafted to implement changes,
including an expansion of the impact fees eligible for the "Impact Fee Program for Existing
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Commercial Redevelopment" thereby providing programmatic improvements and overall benefit
to the residents and businesses of Collier County; and
WHEREAS, the proposed changes maintain the fairness and equity of the Impact Fee
Program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that:
SECTION ONE. Article I, General, Section 74-108, General definitions, of the Collier County
Code of Laws and Ordinances is hereby amended to read as follows:
Sec. 74-108. General definitions.
When used in this chapter, the following terms shall have the following meanings,
unless the context clearly indicates otherwise. Terms contained in article III or the rate
schedules supercede these general definitions to the extent of any conflict(s).
Access improvements shall mean improvements designed and constructed to
provide safe and adequate ingress and/or egress to and/or from the respective
development, which include, but are not limited to, rights-of-way, easements, paving of
adjacent or connecting roadways, turn lanes, deceleration and/or acceleration lanes,
traffic control devices, signage and markings, drainage facilities, and utility facilities. An
access improvement is a site related improvement.
Accessory building or structure shall mean a detached, subordinate structure, the
use of which is clearly indicated and related to the use of the principal building or use of
the land and which is located on the same lot as the principal building. Plumbing in the
accessory building or structure may render same to be subject to water and/or sewer
impact fees.
Adult only community shall mean a community or development, or specific part(s)
thereof, in which all residents must be older than 18 years of age as evidenced by
permanent age restrictions recorded in the land records of the county, which restrictions
shall run with the such geographic areas, an effective planned unit development
document restricts the occupation/residency of the subject property to persons older than
18 years of age or the type of licensing through the State of Florida restricts the
occupation/residency of the subject property to persons older than 18 years of age.
***
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SECTION TWO. Article II, Impact Fees, Section 74-201, Imposition of impact fees, of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
***
(c) Change of size or use. Impact fees shall be imposed and calculated for net
increase, alteration, expansion, or replacement of a use or a building, or part of a
building (including dwelling unit), and each accessory or non-accessory building,
provided such net increase, alteration, expansion, or replacement of the use,
building, or part thereof or therein, by applying this chapter results in: (1) a net
increase in the number of dwelling units; (2) a net increase in the size or square
footage of a building; (3) a net increase in the size of the use; or(4) intensification
of the use so as to constitute an expansion of the same use category or result in a
change to a higher impact fee land use category; or (5) otherwise create additional
demand or additional impacts on any of the public facilities. The impact fee
imposed under the applicable impact fee rate shall be calculated as follows:
(1) If the impact fee is calculated based on land use and not square footage,
such as a golf course, the impact fee imposed shall be the impact fee due
under the applicable impact fee rate for the impact fee land use category
resulting from the alteration, expansion or replacement minus the impact
fee that would be imposed under the applicable impact fee rate for the
impact fee land use category immediately prior to the new alteration,
expansion or replacement.
(2) In the event only the square footage of a use or building is increased, the
impact fee shall be calculated only for the net increased square footage.
(3) The impact fee imposed for any accessory buildings shall be that
applicable under the impact fee rate for the land use for the primary
building unless the accessory building has its own impact fee rate.
(4) If proposed changes to a lawfully existing building or then permitted use
are deemed to create any additional impact on one or more public
facilities,then the impact fee that will be due and payable to the county for
such proposed changes will be determined by the net increase in demand
on those public facilities any lawfully existing building or land use that is
expanded, replaced, or changed shall be required to pay impact fees based
on the new or net additional demand placed upon one or more public
facilities by applying the then applicable impact fee rate schedule.
Therefore, impact fees will be assessed only for the net increase in square
footage, number of unit(s), intensification of land use, or any other change
resulting in increased available capacity. The burden of verifying the
previous lawful land use, units and square footage, as applicable, shall be
on the applicant. Any proposed changes under this section which would
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result in lower net impacts upon one or more public facilities are not
entitled to a downward adjustment, off-set, or credit against any
previously paid impact fees.
(5) Impact Fee Program for Existing Commercial Redevelopment. Proposed
developments which meet the criteria set forth below shall not be assessed
additional impact fees related to changes of use within the existing
buildings, - . - ., . . - - .. _ -- . - -- - - -
are exempt from this program. This program will officially sunset two
years from the date of adoption unless continued by a resolution of the
Board of County Commissioners prior to this date.
a. Development is proposed within a lawfully existing building which
has had a Certificate of Occupancy issued for at least 3 years. Impact
fees for the existing building must have been paid the then applicable
impact fees at time of construction; and
b. Proposed development is solely within the existing building and does
not include the addition of any new square footage.
c. Demolition and reconstruction projects are not eligible for this
program.
d. For the purposes of water and wastewater impact fees, projects that
require an existing meter to be upsized are not eligible for this
program.
(d) Exemptions. The following development or change in use shall be exempted from
paying additional impact fees:
(1) Alteration, expansion or replacement of a building, structure, dwelling
unit, or use provided the respective alteration, expansion or replacement:
(1) will not create any additional net increase in the size or square footage
of the respective development, including number of dwelling units, (2)
will not result in a net increase of the intensity of use(s); or (3) will not
otherwise create any additional net demand of the respective public
facility. _. . . . .' . _ , ., .. . . . ., . - . _ .. . -
at the time of the submittal of an application to the county for
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(2) New building(s) or addition to a building(s) or an accessory building or
structure that will not create additional net demand upon the public facility
for which the exemption is sought over and above the then existing
development impacts deemed to be created by the then lawful existing
building(s), structures or uses.
(3) Construction or expansion of publicly owned residential housing; however
this exemption shall not apply to the applicable impact fees for water
and/or sewer public facilities, or for the applicable impact fees for
educational public facilities.
(4) Lots, pads, sites, foundations or spaces for a single mobile home,
recreational vehicle, travel trailer, or park model, when the applicable
impact fee has been previously paid, or if the then existing development
was not subject to the impact fee because the county's original applicable
impact fee ordinance had not then become effective.
(5) An "adults only community" shall be exempt from the educational
facilities impact fee only if: (i) evidence of permanent age restrictions,
which require all residents of the adults only community to be older than
18 years of age, are recorded in the land records of Collier County and run
with the specified geographic area, er—(ii) an effective planned unit
development document restricts the occupation/residency of the subject
property to persons older than 18 years of age or (iii) the type of licensing
through the State of Florida restricts the occupation/residency of the
subject property to persons older than 18 years of age.
***
SECTION THREE. Article II, Impact Fees, Section 74-202, Payment, of the Collier County
Code of Laws and Ordinances is hereby amended to read as follows:
***
(h) In the event a building permit issued for a development: (i) expires prior to
commencement of any part of the development for which the building permit was
issued, (ii) is officially cancelled, (iii) is revised after payment of impact fees and
the permit's revision results in a reduction in the impact fees applicable for the
development, or (iv) results in the impact fees being overpaid due to an incorrect
application of the rate schedule, calculation error(s), or prior payment within the
same subject property, the then current owner/ sant may, within four years of
payment, apply for a reimbursement of a portion of or the entire impact fee,
depending on the basis for the request for reimbursement. All such requests for
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reimbursement shall be calculated by applying the impact fee rate schedule that
was in effect on the date of the respective building permit application. Failure to
make timely application for a reimbursement of the impact fee shall waive any
right to a reimbursement.
(1) The application for reimbursement shall be filed with the county manager
and shall contain the following:
a. The name and address of the applicant owner;
b. The location of the property upon which the respective
development was authorized by the respective building permit;
c. The date the impact fee was paid;
d. A copy of the receipt of payment for the impact fee; and
e. The date the building permit was issued and the date of expiration,
cancellation or approval of the revision, as applicable;
f. Payment of a non-refundable "impact fee reimbursement
processing fee" equal to two percent of the total impact fees
requested to be reimbursed, except that the minimum processing
fee shall be $25.00 and the maximum processing fee will not
exceed $500.00. Reimbursement requests which are determined to
arise from either an incorrect application of the rate schedule or a
calculation error by county staff will not be required to pay the
"impact fee reimbursement processing fee".
g. If the request is due to a revision to the building permit, a copy of
the approved revision including original and revised square
footage, number of units, date of approval of the revision, and an
explanation of the nature of the revision (change of size, use, etc.).
h. If the request is due to an overpayment, receipts from previous
payments, corresponding building permit numbers, and evidence
of the current square footage (area) and uses of existing structures
must be included in the application.
(2) After verifying that the building permit has expired or was cancelled
before the development had commenced or was revised and thereby
required a reduction in the impact fee assessed for the development, the
county manager shall forward the request for reimbursement of the impact
fee to the appropriate division staff for further processing as set forth
below.
(3) If a building permit is subsequently issued for a development on the same
property, which was previously approved for a reimbursement, then the
impact fee in effect at that time must be paid.
(4) After verifying all information relating to the request for reimbursement,
staff shall forward the request to the applicable division administrator for
approval. The division administrator shall approve or deny the request and
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forward all approved requests to the clerk of the circuit court's finance
department for processing.
(5) All reimbursement requests totaling $25,000.00 or more, cannot be
approved administratively and must be submitted to board of county
commissioners.
phased (delayed) occupancy, the board and the applicant may enter into an•
. . . :, . - , . • •- .. - -- . • . . .. . •- . . . . •., .occupancy, the impact fees applicable to that portion of the development
represented by such building shall be paid prior to the issuance of a building
pecmit.
( The impact fee shall be paid in addition to all other fees, charges and assessments
due for the issuance of a building permit.
(10 Q In the event a development is a mixed use development, the county manager shall
calculate each impact fee based upon each separate impact fee land use category
included in the proposed mixed use development as set forth in the applicable rate
schedule.
(l (k) In the event a development involves a land use not contemplated under the impact
fee land use categories set forth in the rate schedules in appendix A, the county
manager shall calculate the appropriate impact fees utilizing the methodologies
contained in the impact fees adopted by_section 74-106. The county manager shall
utilize as standards in his determination the impact fee rate calculation variables
applicable to the most similar land use categories in the applicable impact fee rate
schedules. •(m) - •-
Road Impact Fees.
SECTION FOUR. Article II, Impact Fees, Section 74-203, Use of funds, of the Collier County
Code of Laws and Ordinances is hereby amended to read as follows:
***
(g) Failure to file a timely petition for a refund upon becoming eligible to do so shall
be deemed to have waived any claim for a refund, and the county shall be entitled
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to retain and apply the impact fee for growth necessitated capital improvements
and additions to the respective public facilities. All refunds not specifically
addressed herein or in other sections shall follow the procedure(s) set forth in the
Collier County Administrative Procedures Manual for Road Impact Fees.
***
SECTION FIVE. Article II, Impact Fees, Section 74-205, Developer contribution credit, of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
***
(f) Upon approval of a plan for the dedication or contribution, a developer
contribution agreement shall be entered into between the county and the owner. A
nonrefundable processing, review and audit fee of$2,500.00 shall be due once the
voluntary plan has been approved and prior to the preparation of a contribution
agreement by the county attorney. The processing, review and audit fee shall be
returned to the applicant if either the county manager, the authorized division or
department administrator, or the board determines the proposed plan is not
acceptable. The processing, review and audit fee shall become non-refundable
when the board authorizes the county attorney to prepare a contribution
agreement. The contribution agreement shall, at a minimum, provide for and
include, but not be limited to:
(1) Identification of the parties including a representation from the owner or
owners disclosing who are the record owners of the real property
described in the contribution agreement. If requested by the county
attorney, the applicant or owner shall provide to the county attorney, at no
cost to the county, an attorney's opinion identifying the record owner, his
authority to enter into the contribution agreement and identify any lien
holders having a lien or encumbrance on the real property that is the
subject of the agreement. Said opinion shall specifically describe each of
the recorded instruments under which the record owner holds title, each
lien or encumbrance, and cite appropriate recording information and
incorporate by reference a copy of all such referenced instruments.
(2) A finding that the contributions and dedications contemplated by the
agreement are consistent with the comprehensive plan.
(3) A legal description of all lands included in the development subject to the
agreement.
(4) Impact fee credits shall run with the land in perpetuity, interest free, until
used or assigned.
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(5) A graphic drawing or rendering and a legal description of the dedication or
contribution to be made pursuant to the agreement.
(6) An acknowledgement that the dedications or contributions contemplated
under the agreement shall be construed and characterized as work done
and property rights acquired by a highway or road agency for the
improvement of a road within the boundaries of a right-of-way, or by the
county, a utility, or other persons or entities engaged in the distribution
and transmission of water and/or collection or transmission of sewerage
for the purpose of constructing or installing on established rights-of-way,
mains, pipes, cables, utility infrastructure or the like.
(7) An acknowledgement that the contribution agreement shall not be
construed and characterized as a development agreement under the Florida
Local Government Development Agreement Act, as then amended, or
otherwise.
(8) Adoption of the approved time schedule for completion of the plan.
(9) Determination of the dollar value amount of credit based upon the
standard of valuation as set forth in section 74-205(b)(1) and(2).
(10) A written appraisal for any land dedication.
(11) The initial professional opinion of probable construction costs, if any,
provided by a professional engineer or professional architect, as
appropriate.
(12) A requirement that the owner keeps or provides for retention of adequate
records and supporting documentation that concern or reflect total project
cost of the improvements to be contributed. This information shall be
available to the county, or its duty authorized agent or representative, for
audit, inspection or copying, for a minimum of five years after the
termination of the contribution agreement.
(13) A requirement that the credit for impact fees for the specific public facility
identified in the contribution agreement shall run with the land of the
subject development and shall be reduced by the entire amount of the
impact fee for that public facility due for each building permit issued
thereon until the development project is either completed or the credits are
exhausted or are no longer available, or have been assigned by operation
of or pursuant to an assignment agreement with the county. The foregoing
reduction in the impact fee credit shall be calculated based on the amount
of the impact fees for that public facility in effect at the time of the
building permit is issued application. The credit shall specify the specific
type of public facility impact fee to which it shall apply (e.g., roads, sewer,
water, etc.) and shall not apply to any other type of public facility impact
fee.
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(14) That the burdens of the contribution agreement shall be binding upon, and
the benefits of the agreement shall inure to, all successors in interest to the
parties to the contribution agreement.
(15) An acknowledgment that the failure of the contribution agreement to
address any permit, condition, term, or restriction shall not relieve either
the applicant or owner, or their successors, of the necessity of complying
with any law, ordinances, rule or regulation governing said permitting
requirements, conditions, terms or restrictions.
(16) Compliance with the then applicable risk management guidelines which
may be established by the county's risk management department from time
to time, including but not limited to insurance and indemnification
language acceptable to the county for any contribution or dedication.
(17) Annual examination and audit of compliance performed by an
independent auditor to determine compliance with, and performance
under, the contribution agreement, including whether or not there has been
demonstrated good faith compliance with the terms of the contribution
agreement and to report the credit applied toward payment of impact fees
and the balance of available and unused credit. If the board finds, on the
basis of substantial competent evidence, that there has been a failure to
comply with the terms of the contribution agreement, the agreement may
be revoked or modified by the county.
(18) A provision that mandates modification or revocation of the contribution
agreement as may thereafter be necessary to comply with then-applicable
and relevant state and federal laws, if state or federal laws are enacted
after the execution of the contribution agreement which are applicable to
and which preclude the parties' compliance with the terms of the
contribution agreement.
(19) Amendment or cancellation by mutual consent of the parties to the
contribution agreement or by their successors in interest.
(20) Recording of the contribution agreement in the official records within 14
days after the county enters into the contribution agreement. All costs of
recording and conveyance shall be paid by the applicant or owner.
(21) The ability to file an action for injunctive relief in the circuit court of the
county to enforce the terms of the contribution agreement, said remedy
being cumulative with any and all other remedies available to the parties
for enforcement of the agreement.
(22) An acknowledgment that the contribution agreement shall not be
construed or characterized as a development agreement under the Florida
Local Government Development Agreement Act.
(g) Any developer contribution credit granted from the specific type of public facility
impact fee shall only be for those dedications or contributions made to
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accommodate growth, within the respective impact fee district where the
development is located, or an adjacent district (for the purposes of road impact
fees), and for the same type of public facility impact fee for which the dedications
or contribution has been made.
(h) All road impact fee credits shall be awarded on an annual basis from an allocation
established each fiscal year of the county based upon the recommended annual
budget threshold amount as established in the budget of the transportation
services division. No road impact fee credits greater than this annual allocated
sum shall be allowed in any fiscal year. The balance of any annual unexpended
road impact fee credits may be carried over from one fiscal year to the next fiscal
year, subject to the allocation limit each fiscal year, until expended. Should
Developer be unable to commence Development as originally contemplated in the
contribution agreement, the parties may enter into a reimbursement agreement.,
subject to annual appropriation, provided such agreement for reimbursement shall
not be for a period in excess of seven years from the date of recording the
contribution agreement in the official records of the county, and shall provide for
a forfeiture of any remaining reimbursement balance at the end of such time
period.
***
SECTION SIX. Article III, Special Requirements for Specific Types of Impact Fees, Section
74-303, Special requirements for Water impact fee and/or sewer impact fee, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
***
(c) Limitation on Applicability. Notwithstanding the general applicability provisions
set forth in this chapter, water and sewer impact fees shall be limited as follows:
(1) The imposition of water and sewer impact fees shall not apply within the
geographic areas expressly excluded by this chapter for purposes of the
water and/or sewer service, development shall include only development
on lands within the county water sewer district, exclusive of lands
encompassed by the geographic areas described hereunder subject to the
following condition: the imposition and collection of water and sewer
impact fees on geographic areas within the county water sewer district
shall not take place until such time when connection to the regional water
and/or sewer system is anticipated within a ten-year period as identified by
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the most current county Public Utilities Water and Wastewater Master
Plan Updates and the Annual Update and Inventory Report. Lands within
the county generally excluded from the generally applicable definition of
"development" as it relates to the water and/or sewer service include (the
exclusions set forth below are not all-inclusive) lands lying within the
excluded areas which are either required to connect or request connection
to the regional water system, or which otherwise create a growth
necessitated demand upon the regional water system shall be subject to the
imposition of impact fees in accordance with this chapter in the same
manner as if said lands were not within the excluded geographic area:
a. Those areas lying within the boundaries of the former Marco
Water and Sewer District. Exclusion of the Marco Water and
Sewer District recognizes that this area is not presently planned to
be served by treatment capabilities of the regional water and/or
regional sewer systems.
b. Those areas lying within the boundaries of the former Goodland
Water District. Exclusion of the Goodland Water District
recognizes that this area is not presently planned to be served by
the treatment capabilities of the regional water and/or regional
sewer systems
***
SECTION SEVEN: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
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SECTION NINE: EFFECTIVE DATE.
This Ordinance shall become effective on December 1, 2013.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this i Zkhday of y-e sr ,i ar-, 2013.
AT, 'T'v. ^, BOARD OF COUNTY OMMISSIONERS
DWI-IT ' BIZOel<4 CLERK CO IE' COUNTY, LORIDA
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B Af= Ilt.16. , By:
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`Attest • +.ChaiC D a.- epu i∎ I er • I ' FA • . HILLER, ESQ.
signature on1y. CHAIRWOMAN
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1
FLORIDA DEPARTMENT OfSTATE
r '
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 21, 2013
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2013-63, which was filed in this office on November 21,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC/elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us