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Backup Documents 06/11/2013 Item #17A17A " I I NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June 11, 2013 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL, the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION No. A Resolution amending Resolution No. 90 -292 (Development Order 90 -3, as amended) for the Halstatt/Grey Oaks Development of Regional Impact by providing for: Section One, Amendments to Development Order by (A) extending the Phase 111 completion date, the build -out date and the expiration date; and (B) revising references regarding the monitoring report requirement; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Golden Gate Parkway and Airport- Pulling Road in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida (Petition DOA- PL20130000492) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) 17A'101 Acct #068779 October 17, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: DOA- PL20130000492, Halstatt /Grey Oaks DRI Dear Legals: Please advertise the above referenced notice on Wednesday, May 22, 2013 and send the Affidavit of Publication, in duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140024 NOTICE OF PUBLIC HEARING 17 A Notice is hereby given that on Tuesday, June 11, 2013 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL, the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: RESOLUTION No. A RESOLUTION AMENDING RESOLUTION NO. 90 -292 (DEVELOPMENT ORDER 90 -3, AS AMENDED) FOR THE HALSTATT /GREY OAKS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY (A) EXTENDING THE PHASE III COMPLETION DATE, THE BUILD -OUT DATE AND THE EXPIRATION DATE; AND (B) REVISING REFERENCES REGARDING THE MONITORING REPORT REQUIREMENT; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF GOLDEN GATE PARKWAY AND AIRPORT - PULLING ROAD IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA (PETITION DOA - PL20130000492) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk (SEAL) Ooun 1 of (oilier 17 A CLERK OF THE - CIRCUIT COURT Dwight E. Brock COLLIER COUTd� y COORTHOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 102., P.O. BOX 413044 NAPLES, FLORIDA �' r NAPLES, FLORIDA 34112-5324 34101 -3044 May 16, 2013 _.. Halstatt, LLC 2600 Golden Gate Parkway Naples, FL 34105 Re: Notice of Public Hearing to consider Petition DOA- PL20130000492 — Halstatt /Grey Oaks DRI Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 11, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, May 22, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- C011ierClerk�C011ierclerk comcom nt of Collier 17A CLERK OF THE, ;CIR UIT COURT Dwight E. Brock COLLIER CMgy CO0,RTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102 i P.O. BOX 413044 Accountant NAPLES, FLORIDA �'�f, NAPLES, FLORIDA Auditor 34112 -5324 34101 -3044 Custodian of County Funds May 16, 2013 Cheffy Passidomo Attn: John M. Passidomo 821 Fifth Avenue South Naples, FL 34102 Re: Notice of Public Hearing to consider Petition DOA- PL20130000492 — Halstatt /Grey Oaks DRI Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 11, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, May 22, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerkacollierclerk com 60wity of Qollier 17A CLERK OF THE-JCIR UIT COURT Dwight E. Brock COLLIER CO UI` Y COJtTHOUSE Clerk of Court s Clerk of Courts 3315 TAMIAMI TRL E STE 102, P.O. BOX 413044 Accountant NAPLES, FLORIDA "r Auditor r ;NAPLES, FLORIDA 34112-5324 34101 -3044 Custodian of County Funds May 16, 2013 p Cheffy Passidomo Attn: Clay C. Brooker 821 Fifth Avenue South Naples, FL 34102 Re: Notice of Public Hearing to consider Petition DOA- PL20130000492 — Halstatt /Grey Oaks DRI Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 11, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, May 22, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK IV Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerk(a collierclerk.com county of Collier 17A CLERK OF THE' CIR UIT COURT Dwight E. Brock COLLIER CO Y CO,ZTHOUSE Clerk of Courts s Clerk of Courts 3315 TAMIAMI TRL E STE 102`x; ; P.O. BOX 413044 Accountant NAPLES, FLORIDA NAPLES, FLORIDA Auditor 34112 -5324 34101 -3044 Custodian of County Funds May 16, 2013 .• State of Florida Department of Economic Development Attn: Tom Beck Caldwell Building 107 East Madison Street Tallahassee, FL 32399 -4120 Re: Notice of Public Hearing to consider Petition DOA- PL20130000492 — Halstatt /Grey Oaks DRI Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 11, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, May 22, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK MnVergara, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- Coll ierClerk(a4collierclerk.com _ . 0ouilty of Collier CLERK OF THE`. CIR' UIT COURT Dwight E. Brock COLLIER CO CO PTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044 Accountant NAPLES, FLORIDA NAPLES, FLORIDA Auditor 34112 -5324 34101 -3044 Custodian of County Funds May 16, 2013 - = -y Southwest Florida Regional Planning Council Attn: David Crawford, AICP 1926 Victoria Avenue Fort Myers, FL 33901 Re: Notice of Public Hearing to consider Petition DOA- PL20130000492 — Halstatt /Grey Oaks DRI Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 11, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, May 22, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- Coll ierClerk(a�,C011ierclerk com 17A' Martha S. Veraara From: Martha S. Vergara Sent: Friday, May 17, 2013 9:07 AM To: Naples Daily News Legals Subject: DOA- PL20130000492 Halstarr /Grey Oaks DRI Attachments: DOA- PL20120001160 Halstatt -Grey Oaks (6- 11- 13).doc; DOA- PL20130000492 Halstatt- Grey Oaks (6- 11- 13).doc Legals, Please advertise the following attached ad Wednesday, May 22, 2013. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Veraara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E-mail: martha.vergara e collierclerk.com Martha S. Vergara 17A .: From: Polidora, Carol < cpolidora @naplesnews.com> Sent: Friday, May 17, 2013 3:00 PM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UASAA3C jpg Martha, Please provide approval ASAP for publication on 05.22.13. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 ( Fax: (239) 312 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Lea rn.Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 05/17/13 Publication NDN Account Number 744102 Ad Number 1990135 Total Ad Cost $274.86 1 NOTICE OF MBLIC HEARII 7 A 'VS RESOLUTION No- A copy of tho proposed Resqlution is on file with the, Clerk to the Board and ls- available for inspection. All interested parties are inVitedto attend and be heard, MGTE: All persons Wishing to speak,o,n an), agenda item must register with the Countyy manager prior to presentation of the agenda item to be addressed. tnd'ivj ual speakers will he limited to 3 minutes on any item. The selection of any individual to srjeak on behalf of an orrianizatio'n ororoup is encouraged. If Any person who decides to appeal any,4eCtsion of the Boardwill need a rer-pi'd of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record iMiClUcles the testimony and evidence upon which the appeal is based. 17A if Martha S. Vergara From: DeselemKay <KayDeselem @colliergov.net> Sent: Friday, May 17, 2013 3:48 PM To: Martha S. Vergara; Neet, Virginia; Rodriguez, Wanda; Ashton, Heidi Subject: RE: DOA- PL20130000492 Halstatt /Grey Oaks DRI Looks fine. Kay Deselem, AICP, Principal Planner Zoning Services -- Planning & Zoning Department Growth Management Division -- Planning & Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 - 252 -2931 Fax: 239 - 252 -6357 kaydeselem @colliergov.net - - - -- Original Message---- - From: Martha S. Vergara [mai Ito: Martha .Vergara @collierclerk.com] Sent: Friday, May 17, 2013 3:13 PM To: DeselemKay; NeetVirginia; RodriguezWanda; AshtonHeidi Subject: DOA- PL20130000492 Halstatt /Grey Oaks DRI Hello All, Please see the attached NDN proof of the aforementioned item, let me know of any changes needed. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 17A' I Martha S. Vergara From: AshtonHeidi <HeidiAshton @colliergov.net> Sent: Friday, May 17, 2013 3:18 PM To: Martha S. Vergara; Deselem, Kay, Neet, Virginia; Rodriguez, Wanda Subject: RE: DOA- PL20130000492 Halstatt /Grey Oaks DRI Looks correct to me. Heidi Ashton -Cicko Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 - - - -- Original Message---- - From: Martha S. Vergara [mailto: Martha .Vergara @collierclerk.com] Sent: Friday, May 17, 2013 3:13 PM To: DeselemKay; NeetVirginia; RodriguezWanda; AshtonHeidi Subject: DOA- PL20130000492 Halstatt /Grey Oaks DRI Hello All, Please see the attached NDN proof of the aforementioned item, let me know of any changes needed. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara @collierclerk.com Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The 17A Martha S. Vergara From: Martha S. Vergara Sent: Friday, May 17, 2013 3:57 PM To: 'Polidora, Carol' Subject: RE: Ad Confirmation This ad has been approved by all departments, please proceed with publishing. Thanks, Martha - - - -- Original Message---- - From: Polidora, Carol [mailto :cpolidora @naplesnews.com) Sent: Friday, May 17, 2013 3:00 PM To: Martha S. Vergara Subject: Ad Confirmation Martha, Please provide approval ASAP for publication on 05.22.13. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 312 -1251 1 cpolidora @naplesnews.com naplesnews.com I ndnadvertising.com Read. Lea rn.Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. Date 05/17/13 Publication NDN Account Number 744102 Ad Number 1990135 Total Ad Cost $274.86 1 17 A `1 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +-------------- - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June 11, 2013 in the Board of County Tamiami Trails Naples FL,rthe Board ofocountyhCommi Commissioners (BCq will consider REFERENCE • 068779 4 5 0 014 0 0 2 4 the enactment of a County Resolution. The meeting will commence at 9 :00 A.M. The title of the proposed Resolution is as follows: 59720375 NOTICE OF PUBLIC HEA RESOLUTION No. - A RESOLUTION AMENDING RESOLUTION NO. 90 -292 (DEVELOPMENT ORDER 90 -3, State of Florida AS AMENDED) FOR THE HALSTATT /GREY OAKS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT Counties of Collier and Lee ORDER BY (A) EXTENDING THE PHASE III COMPLETION DATE, THE BUILD -OUT DATE AND THE EXPIRATION DATE; AND (B) REVISING REFERENCES REGARDING THE Before the undersigned authority, personal] MONITORING NCLUSOTROFUIRE ENT; SECTIONFOUINEFFECTFFAPT;SECTION appeared Am Davidson says that She serves c ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC PP Y Y OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE Inside Sales Su ervisor of the Na les Dail INTERSECTION OF GOLDEN GATE PARKWAY AND AIRPORT- PULLING ROAD IN P r P Y TMCTIONS 24,25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUN- a daily newspaper published at Naples, in Co I FLORIDA (PETITION DOA-PL20130000492) County, Florida: distributed in Collier A Copy of the proposed Resolution is on file with the Clerk to the Board and is and Lee counties of Florida; that the at t achE available for inspection. All interested parties are invited to attend and be heard. copy of advertising Was published in said County Amanarsers wishing to speak on any agenda item must register with the Individual speakerspwilll beolipresentation ited t 3 minutes onaany item. Thepseecti n of any newspaper on dates listed. individual to speak on behalf of an organization or group is encoura ed. If Af f iant further says that the said Naples Iallottedz10min testo speak onaniittemesperson for a group or organizationgmay be News is a newspaper published at Naples, in ;Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective Collier County, Florida, and that the said public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days newspaper has heretofore been continuously Prior 'to the public hearing. All materials used in presentations before the Board will become permanent part of the record. day and has been entered as second class mai. Any person who decides to appeal an decision of the Board will need a record of matter at the post office in Naples, in said the proceedings pertaining thereto and therefore, may need to ensure that a Collier Count Florida for a period Of 1 verbatim record of the proceedings is made, which record includes the testimony County, p y and evidence upon which the appeal is based. next preceding the first publication of the If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision attached copy of advertisement; and affiant of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, further says that he has neither paid nor (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners promised any person, firm or corporation anyOffice. discount, rebate, commission or refund for t BOARD OF COUNTY COMMISSIONERS of securing this advertisement for COLLIER COUNTY, FLORIDA purpose g FRED W. COYLE, CHAIRMAN publication in the said newspaper. P DWIGHT E. BROCK, CLERK By: Martha Veraara PUBLISHED ON: 05/22 AD SPACE: 92 LINE FILED ON: 05/22/13 Signature of Affiant Sworn to and Subscribed bef Personally known by me -- - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - me this 100-day of 2 OX-) Commission # EE 069303 Expires June 29, 2015 Bonded Thru Troy Fain Insurance 800.385 -7019 Route to Addressees (List in routing order) Office Initials Date Contact / Department appropriate. Initial Applicable) 2. June 11, 2013 Agenda Item Number 17.A 3. County Attorney Office County Attorney Office R(A f tt l 1 4. BCC Office Board of County Commissioners VV-4 s -A 1 5. Minutes and Records Clerk of Court's Office � A � (a, 1121 P PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact / Department appropriate. Initial Applicable) Agenda Date Item was June 11, 2013 Agenda Item Number 17.A Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, Type of Document Resolution 2013• I Z2- Number of Original 1 Attached C• 2,01 pl Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's ko INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? to 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information (Name; Agency; Address; Phone on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's ko Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the 0 document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's AD signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip AV should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on June 11, 2013 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by th BCC, all changes directed by the BCC have been made, and the document is ready f r the f Chairman's signature. 1 I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Oounty of Collier CLERK OF THE;CIR UIT COURT Dwight E. Brock COLLIER CO" Y CO RTHOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 102 . P.O. BOX 413044 NAPLES, FLORIDA ;r r., NAPLES, FLORIDA 34112 -5324 ;34101 -3044 June 13, 2013 Department of Economic Opportunity Division of Community Planning & Development Attn: Tom Beek The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 Re: Halstatt /Grey Oaks Development of Regional Impact — Development Order 2013 -01 /Resolution 2013 -122 Dear Mr. Armstrong: 17A Clerk of Courts Accountant Auditor Custodian of County Funds Transmitted herewith, you will find one (1) certified copy, of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida, Tuesday, June 1 Ith, 2013, during Regular Session. Thank you. Very truly yours, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerk(a,collierclerk.com bot(ity, of 'ollier CLERK OF THE``7 CIR UIT COURT Dwight E. Brock COLLIER COUI Y COIZTHOUSE Clerk of Courts �� �, 3315 TAMIAMI TRL E STE 102'; P.O. BOX 413044 NAPLES, FLORIDA NAPLES, FLORIDA 34112 -5324 :34101 -3044 June 13, 2013 Southwest Florida Regional Planning Council Attn: David Crawford 1926 Victoria Avenue Fort Myers, Florida 33901 Re: Halstatt /Grey Oaks Development of Regional Impact — Development Order 2013 -01 /Resolution 2013 -122 Dear Mr. Armstrong: 17A Clerk of Courts Accountant Auditor Custodian of County Funds Transmitted herewith, you will find one (1) certified copy, of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida, Tuesday, June 11 th, 2013, during Regular Session. Thank you. Very truly yours, WIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerk�collierclerk.com DEVELOPMENT ORDER NO. 13- 01 RESOLUTION NO. 13- 122 A RESOLUTION AMENDING RESOLUTION NO. 90 -292 (DEVELOPMENT ORDER 90 -3, AS AMENDED) FOR THE HALSTATT /GREY OAKS DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY (A) EXTENDING THE PHASE III COMPLETION DATE, THE BUILD -OUT DATE AND THE EXPIRATION DATE; AND (B) REVISING REFERENCES REGARDING THE MONITORING REPORT REQUIREMENT; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF GOLDEN GATE PARKWAY AND AIRPORT- PULLING ROAD IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA (PETITION DOA - PL20130000492) WHEREAS, the Board of County Commissioners of Collier County approved Resolution No. 90 -292 (Development Order No. 90 -3), which approved a Development of Regional Impact (DRI) known as the Halstatt DRI (now known as the Grey Oaks DRI) on June 6, 1990; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and, by reference, made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A to Resolution No. 90 -292 (Development Order No. 90 -3); and wit: WHEREAS, the Development Order has been subsequently amended several times, to (i) Resolution No. 90 -498 (Development Order No. 90 -5), October 16, 1990; (ii) Resolution No. 90 -571, November 27, 1990; (iii) Resolution No. 98 -472 (Development Order No. 98 -2), November 24, 1998; (iv) Resolution No. 98 -471, November 24, 1998; (v) Resolution No. 00 -190 (Development Order No. 00 -04), June 27, 2000; (vi) Resolution No. 07 -99 (Development Order No. 07 -02), April 24, 2007; (vii) Resolution No. 09 -269 (Development Order No. 09 -01), November 10, 2009; and Grey Oaks DRI/PUD — DOA- PL20130000492 1 of 5 Rev. 5/20/13 rf ,� CA 17A WHEREAS, the Halstatt, LLC (formerly, the Halstatt Partnership), through its authorized agent, has filed a Development Order Amendment (DOA) Application and Notice of Proposed Change to a Previously Approved DRI (NOPC), which NOPC is attached hereto and incorporated herein as Exhibit A; and WHEREAS, the Collier County Planning Commission reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on May 16, 2013; and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Grey Oaks DRI; and WHEREAS, at a public hearing held on June 11, 2013, the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered (a) the DOA Application and the NOPC, (b) the record made at the aforementioned hearing, (c) the record of the documentary and oral evidence presented to the Collier County Planning Commission, (d) the report and recommendation of Collier County planning staff, and (d) the report and recommendation of the Southwest Florida Regional Planning Counsel, the Board of County Commissioners hereby approves the following Grey Oaks DRI Development Order amendments. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER A. Paragraph 8 (entitled "General Considerations "), subparagraph b, of the "Conclusions of Law" section of Resolution No. 90 -292 (Development Order No. 90 -3, as amended) (page 15) is revised to read as follows: 8. The development phasing schedule set forth in the PUD Document (Table II, Exhibit G) is incorporated as a condition of approval. However, in accordance with Section 380.06(19)(c) F.S. (2007), applicant provided the required notice, and due to recent real estate market conditions, both the Phase III completion date and the DRI build -out date are extended to June 5 2013. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impact are not carried out as indicated to the extent or in accord with the schedules specified within the development order, then this shall be presumed to be a substantial deviation for the affected regional issue. Grey Oaks DRI/PUD — DOA- PL20130000492 2 of 5 Rev. 5/20/13 CA 17A B. The first sentence of Paragraph 2 ( unentitled section following `Be It Further Resolved ") of Resolution No. 90 -292 (Development Order No. 90 -3, as amended) (page 17) is revised to read as follows: 2. This Development Order shall remain in effect teen+-73 until October 16, 2018. C. Paragraph 5 (unentitled section following `Be it Further Resolved ") of Resolution No. 90 -292 (Development Order No. 90 -3, as amended (page 17) is revised as follows: The applicant or its successor(s) in title to the subject property shall submit a report biennially, commencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Eeaffatmity Ads Economic Opportunity. This report shall contain the information required in Section 93 -2.025(7-), 73C- 40.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI " 'Menem^ f fmaV, Form DEO- BCP- BIENNIAL REPORT -1, as may be amended, provided by the SWFRPC. Failure to submit the biennial report shall be governed by Subsection 380.06(18), Florida Statutes. SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved Grey Oaks DRI do not meet or exceed any of the criteria listed in Section 380.06(19)(b), Florida Statutes. B. Pursuant to Section 380.06(19), Florida Statutes, the applicant submitted the NOPC to the City of Naples, Collier County, the SWFRPC and the Department of Economic Opportunity. C. The DOA Application and the NOPC are in accordance with Section 380.06(19), Florida Statutes. D. The proposed changes to the previously approved Development Order are consistent with the report and recommendation of the SWFRPC. E. The development is not in an area designated an Area of Critical State Concern pursuant to Section 380.05, Florida Statutes. F. No increase in development intensity is authorized by this Resolution. Grey Oaks DRI/PUD - DOA- PL20130000492 3 of 5 Rev. 5/20/13 e 17A SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Grey Oaks DRI do not constitute a substantial deviation, as set forth in Section 380.06(19), Florida Statutes, and therefore do not require further Development of Regional Impact review. B. The proposed changes to the previously approved Grey Oaks DRI will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Grey Oaks DRI are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. D. The proposed changes to the previously approved Grey Oaks DRI are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS AMENDED; TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; AND EFFECTIVE DATE A. Except as amended hereby, Development Order 90 -3, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order /Resolution shall be transmitted immediately upon execution to the Department of Economic Opportunity (Division of Community Planning and Development) and the SWFRPC. C. This Development Order/Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote of the Board of County Commissioners of Collier County, Florida, this l l tk day of _, 2013. P ... BOA O C N COMMISSIONERS CLERK COLLI R LORIDA D �I By: Depu erk ��MAA. HILLER, ESQ. Att'�st�s s Chairwoman signature Ofly. Grey Oaks DRI/PUD — DOA- PL20130000492 4 of 5 Rev. 5/20/13 CA< Approved as to form and legality: Alp-) Heidi Ashton -Cicko Managing Assistant County attorney Attachment: Exhibit A — Notice of Proposed Change CP\ 13- CPS - 01216\29 Item # _L! A — Agenda 1 I 1 Date Date Recd 17A Grey Oaks DRI/PUD — DOA- PL20130000492 5 of 5 _l / Rev. 5/20/13 CA- 17A FORM DEO- BCP- PROPCHANGE -1 Rule 73C- 40.010, FAC. Effective 11 -20 -90 (Renumbered 10- 01 -11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, John M. Passidomo, the undersigned authorized representative of the Halstatt, LLC (formerly, the Halstatt Partnership), hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes, In support thereof, I submit the following information concerning the Grey Oaks DRI (formerly known as the Halstatt DRI) development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the following: Collier County, the City of Naples, the Southwest Florida Regional Planning Council, and the Division of Community Planning and Development, Department of Economic Opportunity. � ./ n r Date ., - gnature Exhibit A 17A M Applicant: Halstatt, LLC 2600 Golden Gate Parkway Naples, Florida 34105 (239) 262 -2600 3. Authorized Agent: John M. Passidomo, Esq. Cheffy Passidomo, P.A. 821 Fifth Avenue South Naples, Florida 34102 (239) 261 -9300 4. Location (City, County, Township /Range /Section) of approved DRI and proposed change: Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Grey Oaks DRI (formerly known as the Halstatt DRI) consists of 1,601 acres located within the northeast, southeast and northwest quadrants formed by the intersection of Golden Gate Parkway and Airport Road. The intersection forms the center of a designed "Activity Center" in the Collier County Growth Management Plan. The northwest quadrant of the Grey Oaks DRI, consisting of 354 acres, is within the jurisdiction of the City of Naples. The northeast and southeast quadrants of the Grey Oaks DRI, consisting of 1,247 acres, are located in unincorporated Collier County. The initial Grey Oaks DRI Development Order (D.O. 90 -3) was issued by Collier County Resolution No. 90 -292 on June 6, 1990. The City of Naples approved the portion of the DRI within its jurisdiction on October 17, 1990, in Resolution No. 90 -6211. Subsequent amendments to the County and City DRI Development Orders are described in response to question 7 below. Corresponding extensions to the Phase III completion dates and the expiration dates of the Development Orders are also proposed, such that those dates will coincide with the proposed build -out dates. See below: E t,P 17A Current Proposed Collier County: Build -out date June 6, 2013 June 5, 2018 Phase III completion date June 6, 2013 June 5, 2018 Expiration date June 6, 2015 June 5, 2018 City of Naples: Build -out date October 17, 2013 October 16, 2018 Phase III completion date October 17, 2013 October 16, 2018 Expiration date October 17, 2012 October 16, 2018 Pursuant to Section 380.06(19)(c)1, Florida Statutes, this proposed change to the DRI is not a substantial deviation. Moreover, pursuant to Section 380.06(19)(e)1, Florida Statutes, this proposed change is not subject to the public hearing requirements of subparagraph (f)3 and is not subject to a determination pursuant to subparagraph (f)5. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No change. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? a. On October 16, 1990, pursuant to an agreement between Collier County and the Department of Community Affairs, Collier County issued an amended Development Order (D.O.90 -5) through the adoption of Resolution No. 90 -498. b. On November 27, 1990, to correct a scrivener's error in Development Order 90 -5, Collier County adopted Resolution No. 99 -571, which added the words "apply for or" to the third sentence of Section 5, Subsection d.(4) of Development Order 90- 4. C. On October 7, 1998, the City of Naples adopted Resolution No. 98 -8372, which amended the Master Plan and approved a total of 18 golf holes located within the northwest quadrant of the DRI. 3 8 17A d. On November 24, 1998, in response to the NOPC submitted by the Halstatt Partnership, Collier County issued Development Order 98 -2, through the adoption of Resolution No. 98 -472, which amended the Development Order and Master Plan to reduce the number of residential units to 1,900, increase the number of golf holes to 72, shift the site of the hotel use to the southeast quadrant, and increase the conservation, lakes and preservation areas from 180.1 acres to 236.78 acres. e. On June 27, 2000, in response to the NOPC submitted by the Halstatt Partnership and Naples Golf Course Holdings, Ltd., Collier County issued Development Order 2000 -04, through the adoption of Resolution No. 2000 -190, which amended the Development Order and Master Plan to internally relocate already - approved uses and reduce the number of residential units to 1,600. f. On October 18, 2000, the City of Naples adopted Resolution No. 00- 8971 -A, which was a companion amendment to Collier County's issuance of Development Order 2000 -04, described immediately above in subparagraph e. g. On April 24, 2007, in response to an NOPC, Collier County issued Development Order 07 -02, through the adoption of Resolution No. 09 -99, which reduced commercial- allotted acreage and increased the number of residential units to 1,775. h. On September 12, 2007, the Halstatt Partnership provided Notification of Extension of a Previously Approved Development of Regional Impact pursuant to Section 380.06(19)(c), Florida Statutes (as amended by Section 6 of Chapter 2007- 204, Laws of Florida), and recorded the corresponding Notice in Official Records Book 4322, Page 2286, of the Public Records of Collier County, Florida. This notification automatically granted a 3 -year extension to the phase, buildout and expiration dates of the Development Orders issued by Collier County and the City of Naples, respectively, as follows: Collier County: Phase III completion date June 6, 2013 Build -out date June 61 2013 Expiration date June 6, 2015 City of Naples: Phase III completion date October 17, 2013 Build -out date October 17, 2013 Expiration date October 17, 2010 i. On December 29, 2010, the Halstatt Partnership provided Notification of Extension of a Previously Approved Development of Regional Impact pursuant to 4 17 a Section 46 of Chapter 2010 -147, Laws of Florida, which notification automatically granted a 2 -year extension to the expiration date of the Development Order issued by the City of Naples, such that the expiration date was extended to October 17, 2012. 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non - project land uses within % mile on a project master site plan or other map. a 10. None. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO XX* * Pursuant to Section 380.06(19)(c)1, Florida Statutes, this proposed change to the DRI is not a substantial deviation. Moreover, pursuant to Section 380.06(19)(e)1, Florida Statutes, this proposed change is not subject to the public hearing requirements of subparagraph (f)3 and is not subject to a determination pursuant to subparagraph (f)5. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. Yes. 5 Current Proposed Collier County: Build -out date June 6, 2013 June 5, 2018 Phase 111 completion date June 6, 2013 June 5, 2018 Expiration date June 6, 2015 June 5, 2018 City of Naples: Build -out date October 17, 2013 October 16, 2018 Phase III completion date October 17, 2013 October 16, 2018 Expiration date October 17, 2012 October 16, 2018 5 17A 11. Will the proposed change require an amendment to the local government comprehensive plan? M Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 73- 40.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. No change to Master Plan. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; Paragraph 8 (entitled "General Considerations"), subparagraph b, in both the County and the City's Development Orders, as amended, is revised to read as follows (additions are underlined): The development phasing schedule set forth in the PUD Document (Table LI, Exhibit G) is incorporated as a condition of approval. However, due to recent real estate market conditions both the Phase III completion date and the DRI build -out date are extended to June S 2018 for development in Collier County and October 16, 2018 for development in the City of Naples. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impact are not carried out as indicated to the extent or in accord with the schedules specified within the development order, then this shall be presumed to be a substantial deviation for the affected regional issue. The first sentence of Paragraph 2 (unentitled section following "Be It Further Resolved ") in the County's Development Order, as amended, is revised to read as follow (additions are underlined, deletions are sairli-eken - thireugh): C:1 ONO 17A " This Development Order shall remain in effect fGF twenty two (22) years until June 5, 2018. The first sentence of Paragraph 2 (unentitled section following "Be It Further Resolved ") in the City'ss Development Order, as amended, is revised to read as follow (additions are underlined, deletions are StFiGkPA t#m-61: This Development Order shall remain in effect foF seventeen (17) years fFem the date a-fadeption until October 16, 2018. b. An updated legal description of the property, if any project acreage is /has been added or deleted to the previously approved plan of development; No change to legal description. C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; No change to commencement of physical development date. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; The proposed changes to the Phase III completion dates, build -out dates and expiration dates are set forth In paragraph 13.a above. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down- zoning, unit density reduction, or intensity reduction, if applicable; and The proposed changes to the Phase III completion dates, build -out dates and expiration dates are set forth in paragraph 13.a above. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C- 40.025 (7), F.A.C. No change. 7 C