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Ordinance 2016-43 ORDINANCE NO. 16- 43 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT, A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL USES ON A 6.5± ACRE PARCEL TO BE KNOWN AS PRICE STREET AND 41 CPUD, LOCATED AT THE SOUTHWEST CORNER OF U.S. 41 AND PRICE STREET IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTIONS 3 AND 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ- PL20150000342] WHEREAS, Alex Crespo, AICP of Waldrop Engineering, P.A. and R. Bruce Anderson, Esquire of Cheffy Passidimo, PA representing Price and 41, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 33, Township 50 South, Range 26 East, and Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida, is changed from a Commercial Intermediate (C-3) zoning district, a General Commercial (C-4) zoning district and a rural Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 6.5± acre parcel to be known as the Price Street and 41 CPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in [15-CPS-01458]95 Page 1 Price Street CPUD-PUDZ-PL20150000342 10/14/16 `C7' Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this 13 day of 6 c , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,,C , RK COLLIER COUNTY, FLORIDA By: ,1 , !�& " $ C By: AIR . �� I �. "'s DONNA FIALA, Chairman .l . sign ata wooly. Approved as to form and legality: L, Heidi Ashton-Cicko \O \-1 Managing Assistant County Attorney Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List or Deviations Exhibit E-1 - Facade Exhibit Exhibit E-2 - Buffer Exhibit Exhibit F - Developer Commitments This ordinance filed with the e,,t4Sry o States ffi • W1140. ay o and acknowledgem- that fi '•• re ei ed .'s day By 110 [15-CPS-01458]95 Page 2 Price Street CPUD-PUDZ-PL20150000342 10/14/16 EXHIBIT A LIST OF PERMITTED USES PRICE STREET&41 CPUD PERMITTED USES A maximum of 69,500 square feet of gross floor area of commercial uses shall be constructed within the project. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses 1. Accounting (8721). 2. Adjustment and collection services (7322). 3. Advertising agencies (7311). 4. Advertising - miscellaneous (7319). 5. Apparel and accessory stores (5611-5699). 6. Architectural services (8712). 7. Auditing (8721). 8. Auto and home supply stores (5531), and restricted to the commercial building located along the US 41 frontage. 9. Automotive services, except carwashes, (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service", and restricted to the commercial building located along the US 41 frontage. 10. Banks, credit Unions and trusts (6011-6099). 11. Barber shops (7241, except for barber schools). 12. Beauty shops (7231, except for beauty schools). 13. Bookkeeping services (8721). 14. Building cleaning and maintenance services (7349). 15. Business associations (8611). 16. Business consulting services (8748). 17. Business credit institutions (6153-6159). 18. Business services - miscellaneous (7381, 7389 - except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories- telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, and window trimming service). 19. Cable and other pay television services (4841) 20. Carpet and upholstery cleaning (7217), on customer's premises only. 21. Civic, social and fraternal associations (8641). 22. Coin-operated laundries and dry cleaning (7215). 23. Commercial art and graphic design (7336). 24. Commercial photography (7335). Price Street CPUD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 1 of 11 25. Computer programming, data processing and other services (7371-7379). 26. Computer and computer software stores (5734). 27. Credit reporting services (7323). 28. Dance studios, schools and halls, indoor (7911). 29. Direct mail advertising services (7331). 30. Drug stores (5912). 31. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 5.05.01 32. Electrical and electronic repair shops (7622-7629). 33. Engineering services (8711). 34. Essential services, subject to section 2.01.03 35. Facilities support management services (8744). 36. Federal and federally-sponsored credit agencies (6111). 37. Food stores (groups 5411-5499). 38. Funeral services (7261, except crematories). 39. Garment pressing, and agents for laundries and drycleaners (7212). 40. Gasoline service stations (5541), except auto services and repairs - Limited to one (1) gasoline service station for the entire CPUD, and subject to LDC Section 5.05.05. 41. General merchandise stores (5331-5399) 42. Glass stores (5231). 43. Hardware stores (5251). 44. Health services, miscellaneous (8092-8099, except 8093). 45. Health services, offices and clinics (8011-8049). 46. Home furniture and furnishings stores (5712-5719). 47. Home health care services (8082). 48. Household appliance stores (5722). 49. Insurance carriers, agents and brokers (6311-6399, 6411). 50. Labor unions (8631). 51. Landscape architects, consulting and planning (0781). 52. Laundry and garment services, miscellaneous (7219). 53. Legal services (8111). 54. Loan brokers (6163). 55. Management services (8741, 8742). 56. Medical and dental laboratories (8071 and 8072). 57. Medical equipment rental and leasing(7352). 58. Membership organizations, miscellaneous (8699). 59. Mortgage bankers and loan correspondents (6162). 60. Motion picture theaters (7832). 61. Museums and art galleries (8412). 62. Musical instrument stores (5736). 63. News syndicates (7383). 64. Outdoor advertising services (7312). 65. Paint stores (5231). 66. Personal credit institutions (6141). 67. Personal services, miscellaneous (7299). 68. Personnel supply services (7361 & 7363), employee leasing only. 69. Photocopying and duplicating services (7334). 70. Photofinishing laboratories (7384). 71. Photographic studios, portrait (7221). Price Street CPUD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 2 of 11 72. Physical fitness facilities (7991). 73. Political organizations (8651). 74. Professional membership organizations (8621). 75. Professional sports clubs and promoters, indoor (7941). 76. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 77. Public relations services (8743). 78. Radio, television and consumer electronics stores (5731). 79. Radio, television and publishers advertising representatives (7313). 80. Radio and television broadcasting stations (4832 &4833). 81. Real Estate (6512, 6531-6552). 82. Record and prerecorded tape stores (5735). 83. Repair services- miscellaneous (7699- except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing,tractor repair). 84. Research, development and testing services (8731-8733). 85. Retail - miscellaneous (5921-5963, 5992-5999), except for grave stones, monuments and tombstones. 86. Retail nurseries, lawn and garden supply stores (5261). 87. Reupholstery and furniture repair (7641). 88. Secretarial and court reporting services (7338). 89. Security and commodity brokers, dealer, exchanges and services (6211-6289). 90. Security systems services (7382). 91. Shoe repair shops and shoeshine parlors (7251). 92. Surveying services (8713). 93. Tax return preparation services (7291). 94. Theatrical producers and miscellaneous theatrical services, indoor(7922 only). 95. Travel agencies (4724, no other transportation services). 96. United State Postal Service (4311, except major distribution center) 97. Veterinary services (0742 only, and excluding outside kenneling). 98. Videotape rental (7841) 99. Vocational schools (8243-8299) 100. Wallpaper stores (5231) 101. Watch, clock and jewelry repair (7631). 102. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1. Customary accessory uses and structures. 2. Caretaker's residence, subject to section 5.03.05 Price Street CPUD-PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 3 of 11 `fir 3. Essential services, including interim and permanent utility and maintenance facilities. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the Land Development Code (LDC). C. Prohibited Uses The following uses are prohibited within the CPUD: 1. Tattoo/piercing parlors 2. Adult entertainment and sexually oriented businesses 3. Pawn shops 4. Car washes 5. Communication towers The following uses are prohibited within 250 feet of the Price Street right-of-way: 1. Automotive services (7549) 2. Gasoline service stations (5541) 3. Repair services (7699) Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 4 of 11 EXHIBIT B DEVELOPMENT STANDARDS PRICE STREET&41 CPUD Development of the Price Street CPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Price Street CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP. TABLE I COMMERCIAL DEVELOPMENT STANDARDS(1) PERMITTED USES AND PRINCIPAL USES ACCESSORY USES STANDARDS Min. Lot Area 9,000 SF N/A Min. Lot Width N/A N/A Min. Lot Depth N/A N/A PUD BOUNDARY SETBACKS (EXTERNAL)(�) U.S. 41 25' SPS Price Street 25' SPS Canal 20' SPS SETBACKS (INTERNAL) Front/Internal Drives 121 15' 10' Side 10' SPS Rear 10' SPS Min. Distance Between Principal Structures 1/2 Building Height 10' MAXIMUM HEIGHT Actual 45' 45' Zoned 35' 35' SPS = Same as Principal Structure (1) All distances are in feet unless otherwise noted. (2) Front setback is measured from back of curb for private roads and accessways only. Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 5 of 11 B:\Projects\423-02 100&115 Price Street-Phase 2\Drawings-Exhibits\423-02-E01 Price Street CPUD\Current Plans\42302E0206.dwg Ca rvm N?� zczim i)wZ)s Aa 0 mN'al' mil T -a v2 RI- z-- ° Nile???, 10 v n m m _ ;yv / 'Az mrgnm -OD6 m D N/ a n C mrC 7 zm LI m Z ,TW O / C D p �__. m C z_ "..--,„_..,1 Tp0 / C /RTIC t� v atDn 7 / Op 7 *MD -' r < o / zz / / I 0 �2 © A A / // ll \ I N O m -- / �z / ®9� pp / c / AZO / /71 SI 7 / C® m � A / ��ygd / c g z ,,®I -44-4." / I H/ % / / Z X / 'S �, / / v 0/ / • 17 z � V // / "6"''''' _ z mm 7 r/ /mD .. v ooz uo o mom mI _ NOp C TTzpI ll m ro An I ��o o (21 IA li o 59. .,. rNC D O N e IOA W k-` z N 7J I m A J mm 1 N z -1 m C=I— --f A T II — �� m a m� Li W !m ,,,,,), co N f= p--q PTA i W... z -"_ oma A O Cm1 O \ C v co -. coa •N h mxoc4. ' o z hoc o°W NZ C ��� \ � y� T. 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PARCEL 3 (PARCEL NO. 00447880207) COMMENCE AT THE SOUTHEAST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN ALONG THE SOUTH LINE OF SECTION 33, N89°52'40"W 219.57' TO THE SOUTH RIGHT OF WAY OF TAMIAMI TRAIL (US 41) AND THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY N54°19'07"W 200.00'; THENCE S35°36'08"W 137.99'; THENCE SO°58'05"W 3.73' TO THE SOUTH LINE OF SECTION 33; THENCE ALONG SAID SOUTH SECTION LINE S89°52'40"E 242.85'TO THE POINT OF BEGINNING. THE THREE PARCELS CONTAINING 6.557 ACRES MORE OR LESS. Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 8 of 11 J EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC PRICE STREET&41 CPUD 1. Deviation from LDC Section 5.05.08.C.2, which requires primary façade standards to be applied to all sides of buildings facing a public or private street. This deviation will allow for the east side of the proposed automobile service station to be designed as a secondary façade per Exhibit E-1. 2. Deviation from LDC Section 5.05.05.D.2.a, which requires facilities with fuel pumps within 250 feet of residential property to provide a 30-foot wide landscape buffer and an architecturally designed masonry wall. The deviation will allow for an alternative 15-foot wide landscape buffer with no masonry wall, as shown in Attachment E-2, along the western property line where the CPUD abuts residential property. 3. Deviation from LDC Section 4.06.02.C, which requires a 15-foot wide Type "B" landscape buffer where automobile service stations abut commercial uses, to omit the requirement for internal buffering between the proposed automobile service station and commercial development within the CPUD boundary. The 15-foot wide Type "B" buffer will be provided along the perimeter of the project where the proposed automobile service station abuts commercial uses external to the CPUD boundary. Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 9 of 11 mf y fi i'' fig iMM I o — w rd FQ g R o \\ v ,„ ,,, , _,,-1, \ ,. \ �. m 1 - ` O p I p ST C m. aa It m_ m v a J ; m ' 7 W 'I 4- i , I4 i n ' ' •C " Iji1 o El z - -• I ; 3 1' i I .I I. Ilir.i L a� 'u _._ _.. 1 I ii 11 if_ / i �, it I .ter.. , � rr I1 C - i �� E -11 i 1 aR iirrk� : � IIIA;, �� I -„ .I I 11 rD r 0111'111, ; 0 \ ; " 1 i m ' 1I Jlll�'�I l , --4i KJ - { ,, m — IIT---1- � 1 o m I, ,, r ISI' N i tri s i rn � II ;I < ,II { II 1111111 _ L; I, 1l • , , - 1 � I D ��— Z '. ' Imo!'" , � � L.. _��, I;,I ,- L � Z r— m I F c v i i 0o m 00 .L ru n —Ii QaeaF K m z m C\I LILI g- z 0 E II 15. ! - p4.• E. .9,7, f...I— w W CaLW;11;i, ‘1. 0 ,t 0 LLJ I , 03. 2 i i _ ,-----, 1 )\ I ,4 0 Ilz gi hi ': w - al R> 1 o ..t 0 cc I— D I— -I Z W W k\ ° \\ i•s. 0 CC ---Aktainw --.4 cc < 0 1- 11 .....'...._"- CD•-• -=-41 i IX I-L 0 =0- )4111 kil' r-- 0 IL- \_....=1 tt: . )-----a...- \ "1 z 51 ¢ E.c-,k k. i cLw 7 \ 4I Z .......40., . 1 0 (..) i z W 0_ ...--. A \ >- 0 L±, LL . 0) i ,__\ g T 0.,-...-- LD LL CO / \ a w w 0 0 o 0 csi z \ /I <Z LI d =< z 0 • w,,,, 0 _ 7 St4 Cf) 0 Z 1 Z i ItISI 0< —.1 c; w-1 7/----4 l w 1- 0 03 <D I--ir CD i L 1 I CI) C 0 I- D 1 0 b 0 0 u, 04 ---\ Nil 1 n. 0--,:L-- ' Witimir I 441eVr414/44\ '• 1 Aetli — 110 \\ I ‘isle? 1 0 ,.....•--_____,-..-/ f- DalM.0 91. - .. 1 . , . .0(14102949,05.00.Vel636*..•....a.Lottni 1 EXHIBIT F DEVELOPMENT COMMITMENTS PRICE STREET&41 CPUD 1. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Price and 41, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. UTILITIES A. The developer shall connect to the Collier County Water Sewer District (CCWSD) potable water system at locations determined by CCWSD when capacity is available. B. The project shall connect to the CCWSD wastewater collection and conveyance system at locations determined by CCWSD when capacity is available. C. The project shall connect to the CCWSD Irrigation Quality water system at locations determined by CCWSD when capacity is available. 3. TRANSPORTATION A. The development shall be limited to a maximum of 468 two-way unadjusted PM Peak Hour Trips. B. An interconnection to the parcel to the east, currently a Fifth Third Bank parcel will be provided upon approval by the owner of said parcel. C. The owner, its successors or assigns, shall pay, for its fair share payment of the access improvements at the intersection of U.S. 41 and Price Street/Triangle Boulevard and improvements at Price Street/Waterford Drive/Project access as required by the pending Triangle Boulevard/41 Traffic Study by AIM Engineering (i.e. roundabout conceptual plan at Price Street/Waterford Drive/Project Access and US 41/Price Street Northbound/Westbound and Eastbound turn lane improvements). Prior to site development plan approval, the owner shall post a performance guarantee such as a bond or letter of credit in the amount of $33,500.00. Once the study is finalized, any road right- of-way needed by the County, above and beyond the amount that would be required for compensating right-of-way for site specific turn lanes, shall be valued based on fair market Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 10 of 11 • i , value and applied as a credit toward the owner's fair share payment upon conveyance of such additional road right-of-way. The owner shall also receive a credit toward the owner's fair share payment for the cost of design of the southern roundabout in the amount not to exceed $8,500, for which invoices must be provided. Please refer to Exhibit F for the conceptual roundabout design.This exhibit is provided for conceptual purposes only. 4. ENVIRONMENTAL A. The subject site contains approximately 1.83 acres of native vegetation, of which 15% (0.27 acres) is required to be preserved. The native vegetation preservation requirement will be satisfied off-site in accordance with Section 3.05.07.H.1.f of the Land Development Code. 5. PLANNING A. Amplified outdoor sound associated with the food store and fuel pump facilities is limited to 7 a.m. to 10 p.m. daily. Amplified outdoor sound is prohibited for all other non-fuel facility parcels/commercial buildings. B. Dumpsters shall be setback a minimum 80 feet from the existing Price Street right-of-way. C. Lighting fixtures located within 50 feet of the existing Price Street right-of-way and the west property line (adjacent to the Eagle Creek Canal, aka C-4 Canal) shall be limited to a maximum height of 15 feet. All other lighting fixtures shall comply with the Land Development Code regulations. Price Street CPUD—PUDZ-PL2015-0342 Last Revised:October 14,2016 Page 11 of 11 EXHIBIT F CONCEPTUAL ROUNDABOUT DESIGN ( • � y Nita / Approximate Right- pp N .0 of-way Impacts � / O ' %j • /c1-\\/ / ' Right-of-way from Wawa ti' r' Outside of Landscape buffer Approx. 162 sq ft(orange) Total Right-of-way from Wawa Approx.252 sq ft ,..,44444/ //1,,,,,p:::/. /// iiiii.....: ..k 4 !/;//'4//v.i/ . i 1//1,4;:/#4i t.77__//i7//,';',/--0.0:\ �' '-" Right-of-way from Large -= -j /411 Development _ Approx.245 sq ft 11YlJl---- i j/ e Right-of-way/Sidewalk Right Side Easement Private property I Truck Apron Approx.66 sq ft { 44 '•tyj y'KF l.. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 15, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn, 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. 16-43, which was filed in this office on December 15, 2016. 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.fl.us