Ordinance 2022-35A ORDINANCE NO.2022- 3 5 A
AN ORDINANCE CREATING THE IMMOKALEE ROAD RURAL
VILLAGE OVERLAY BY AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING
THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE
MAP AND MAP SERIES TO CREATE THE IMMOKALEE ROAD
RURAL VILLAGE OVERLAY (IRRVO) ON PROPERTY WITHIN
THE AGRICULTURAL, RURAL DESIGNATION, RURAL
FRINGE MIXED-USE DISTRICT, TO REDESIGNATE 585.13
ACRES OF RURAL FRINGE MIXED-USE DISTRICT-
RECEIVING LANDS TO SENDING LANDS, OF WHICH 578
ACRES ARE DESIGNATED PURSUANT TO THE HUSSEY
SETTLEMENT AGREEMENT, RESULTING IN 210.781 ACRES
OF NEUTRAL LANDS, 1991.361 ACRES OF RECEIVING LANDS
AND 585.131 ACRES OF SENDING LANDS; TO ALLOW
DEVELOPMENT EITHER PER THE LAND DEVELOPMENT
CODE OR PER THE IRRVO AT A MAXIMUM OF 4042
DWELLING UNITS; IF DEVELOPED PER THE IRRVO: A
MINIMUM OF 3,000 DWELLING UNITS WILL BE LOCATED IN
THE RECEIVING LANDS, A MINIMUM OF 25,000 SQUARE
FEET AND A MAXIMUM OF 125,000 SQUARE FEET OF CIVIC,
INSTITUTIONAL, GOVERNMENT USES WILL BE ALLOWED
IN THE VILLAGE CENTER OF RECEIVING LANDS, A
MINIMUM OF 50,000 SQUARE FEET AND A MAXIMUM OF
250,000 SQUARE FEET OF COMMERCIAL USES PERMITTED
BY RIGHT AND CONDITIONAL USE IN THE COMMERCIAL
PROFESSIONAL AND GENERAL OFFICE DISTRICT (C-1)
THROUGH GENERAL COMMERCIAL DISTRICT (C-4)
ZONING DISTRICTS WILL BE ALLOWED IN THE VILLAGE
CENTER OF RECEIVING LANDS, WITH ALL NON-
RESIDENTIAL USES SUBJECT TO A CAP OF 375,000 SQUARE
FEET IN THE RECEIVING LANDS; AND IF DEVELOPED PER
THE IRRVO, TO PROVIDE FOR CALCULATION OF DENSITY
AND GREENBELT AND NATIVE VEGETATION
REQUIREMENTS; AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
THE SUBJECT PROPERTY IS 2787.271 ACRES AND LOCATED
ON THE EAST SIDE OF IMMOKALEE ROAD,
APPROXIMATELY TWO MILES NORTH OF OIL WELL ROAD,
IN SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27
EAST, IN SECTIONS 25, 35 AND 36, TOWNSHIP 47 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
IPL201800026601
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WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, 27th Pico Boulevard Ltd. Partnership and Brentwood Holdings Ltd.
Partnership requested an amendment to the Future Land Use Element and Future Land Use Map
and Map Series to add the Immokalee Road Rural Village Mixed Use Planned Development
(MPUD); and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review after public hearings before the
Collier County Planning Commission and the Board of County Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendment to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendment to the Growth Management Plan; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment and
other documents,testimony and information presented and made a part of the record at the public
hearing of the Collier County Planning Commission held on August 18, 2022 and the Collier
County Board of County Commissioners held on September 27, 2022; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE FUTURE LAND USE
ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES OF
THE GROWTH MANAGEMENT PLAN
[18-CMP-01040/1744738/1]401
IRRVO/PL20180002660/FLUE 2 of 3
9/16/22
The amendment to the Future Land Use Element and Future Land Use Map and Map
Series of the Growth Management Plan, attached hereto as Exhibit "A" and incorporated herein
by reference, is hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall
be transmitted to the Florida Department of Economic Opportunity.
SECTION TWO: SEVERABILITY
If any phrase or portion of this 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 THREE: EFFECTIVE DATE
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after Board approval. If timely challenged, this amendment shall become
effective on the date the state land planning agency or the Administration Commission enters a
final order determining this adopted amendment to be in compliance. No development orders,
development permits, or land uses dependent on this amendment may be issued or commence
before it has become effective.
PASSED AND Dt�LY ADOPTED by the Board of County Commissioners of Collier
County, Florida this ;l7 4 day of C p k.-yi icyt-r . 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER CO .+ : DA
10
By; fr, J•. By. ,r_, ,,�
Attest a t0 Chairman's Deputy Clerk Wit am L. McDaniel,Jr.,Chai an
sign:.+.flirt,'only. This ordinance flied with the
Approved as to form and legality: Secretary of Sta)0 Off
��day of vu' " ,
Wand acknowiedgeme of that
1-1 C 0 0, fiiin rrec lived is da
eidi Ashton-Cickd �-�" of__? Y
c
Managing Assistant County Attorney By..
Mauer e'er
Attachment: Exhibit A—Future Land Use Element and Future Land Use Map and Map Series
[18-CMP-0 1 040/1 74473 8/1]401
IRRVO/PL20180002660/FLUE 3 of 3
9/I 6/22
Exhibit A PL20180002660
EXHIBIT A
FUTURE LAND USE ELEMENT
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Policy 1.9: [page 11]
Overlays and Special Features shall include:
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A. Area of Critical State Concern Overlay
B. North Belle Meade Overlay
C. NC Square Mixed-Use Overlay
D. Natural Resource Protection Area Overlay
E. Rural Lands Stewardship Area Overlay
F. Airport Noise Area Overlay
G. Bayshore/Gateway Triangle Redevelopment Overlay
H. Urban-Rural Fringe Transition Zone Overlay
I. Coastal High Hazard Area Boundary
J. Ventana Pointe Residential Overlay
K. Reserved
L. Immokalee Road Rural Village Overlay
L—Incorporated Areas
*** *** *** *** *** *** *** *** *** *** *** *** ***
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
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V. OVERLAYS AND SPECIAL FEATURES [page 104]
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L. IMMOKALEE ROAD RURAL VILLAGE OVERLAY (IRRVO)
The Immokalee Road Rural Village Overlay (IRRVO) is located within the Rural Fringe Mixed
Use Subdistrict (RFMUD) and is depicted on the Future Land Use Map Series. The IRRVO
compromises all of Sections 1 &2, Township 48 South, Range 27 East, and Sections 35 and
36 in Township 47 South, Range 27 East, and approximately one third of Section 25,
Township 47 South, Range 27 East). The Overlay is 2,787.27± acres in size. Within the
Overlay, 210.78±acres are designated Neutral, 585.13±acres are designated Sending, and
the remaining 1,991.36± acres are designated Receiving. The Overlay has approximately
2.38 miles of frontage on Immokalee Road.
The maximum allowable density for the entire IRRVO is 4,042 dwelling units.
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Exhibit A PL20180002660
Pursuant to the Hussey Settlement Agreement, 578 acres of Rural Fringe Mixed Use District
— Receiving Lands are redesignated as Sending Lands in the IRRVO as shown on the
Immokalee Road Rural Village Overlay Map.
The IRRV lands may either be developed under the LDC Section 2.03.08.A.2.a. excluding a
rural village and per the LDC for Sending Lands and Neutral Lands or as set forth below. If
developed as set forth below, the entire IRRVO shall be rezoned to a single mixed-use Planned
Unit Development (MPUD), which shall include the boundaries of the Rural Village Receiving,
Sending, and Neutral Lands. If the IRRVO is rezoned to an MPUD, then a developer's
contribution agreement must be provided to demonstrate acceptable mitigation, and the MPUD
must address the following: details for the buffer areas, the location of the 400 affordable
housing units and concerns of the Florida Wildlife Federation and Aubobon regarding panther
crossings and wildlife crossings.
1. SENDING LANDS— DESIGN AND DEVELOPMENT STANDARDS
No development is permitted in Sending Lands other than that allowed in LDC Section
3.05.07.H.1.b. -Allowable uses within County required preserves.
TDR Generation from Sending Lands within the IRRVO:
TDR Credits and TDR Bonus Credits may be achieved as follows:
A. Base TDR Credits: 0.4 per acre (2.0 per five acres); and,
B. Environmental Restoration and Maintenance TDR Bonus: 0.2 Bonus Credits per acre
(1.0 per five acres) generally, and an additional 1.0 Bonus Credit per acre (5.0 per five
acres)for restoration of cleared areas utilized for farming activities,to functional native
habitat, including upland, wetland and wading bird habitat; and,
C. Conveyance Credits: 0.2 Bonus Credits per acre (1.0 per five acres). This credit is
only available for those areas generating the Environmental Restoration and
Maintenance TDR bonus. The Conveyance Bonus Credits are available after the
Environmental Restoration and Maintenance in B, above is completed, and
maintenance shall be the responsibility of the property owner of the applicable
Sending Lands. The property owner shall include, in the annual PUD monitoring
report, a status of the Environmental Restoration and Maintenance efforts in B,
above.
D. In the event Collier Country amends the Rural Fringe Mixed Use District to allow for
the generation of a greater number of Base TDR Credits or TDR Bonus Credits than
is provided for in Paragraphs A, B, or C, above., and such amendment occurs prior to
the severance of the TDRs from Sending land within the IRRVO, such additional Base
or Bonus Credits may also be generated from IRRVO Sending lands.
2. NEUTRAL LANDS
The allowable density, uses, development standards, and other limitations and
requirements set forth in LDC Section 2.03.08.A.3 shall apply within the IRRVO.
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Exhibit A PL20180002660
3. RECEIVING LANDS—DESIGN AND DEVELOPMENT STANDARDS
The allowable uses, development standards and other limitations and requirements set
forth in the LDC Section 2.03.08.A.2.b. shall apply within the IRRVO, except as follows:
A. Maximum Rural Village Size:
The IRRVO includes 1,991.36 ± acres of Receiving designated lands, all of which are
included within the Rural Village.
B. Rural Village Required Land Use Mix:
1. The Rural Village shall include one or more Village Amenity Centers. The Village
Amenity Center Tracts may also allow multi-family residential use.
2. The Rural Village shall include a Village Center limited in size to a maximum of
10% of the Rural Village acreage.
3. The Village Center shall:
al Be accessible from a public spine road within the Village and may also have
direct access to Immokalee Road:
bl Include a minimum of 50,000 square feet and a maximum of 250,000 square
feet of allowable uses in the C-1 through C-4 zoning districts, excluding any
uses deemed to be incompatible and therefore not permitted in the MPUD.
g), Include a minimum of 25,000 square feet and a maximum of 125,000 square
feet of civic/institutional/governmental space to be utilized for any of the
following uses:
i. Public or private schools:
ii. Parks, both active and passive:
iii. Medical clinics
iv. Senior housing, including independent living, assisted living, skilled
nursing, and continuing care retirement facilities subject to LDC Section
5.05.04. Group Housing, as applicable, not to exceed 20 acres and
FAR of 0.45.
v. Essential Services, including but not limited to fire stations, emergency
medical services, and sheriff substations.
vi. Churches: and
vii. Other comparable civic, community, governmental and institutional
uses.
A Research and Technology and/or Business Park may be permitted,
consistent with the provisions of the Research and Technology or Business
Park Subdistricts in the Urban Mixed-Use District, except that the maximum
allowable size shall be 20 acres and 125,000 square feet.
eZ The Village Center shall include a minimum of 100 multifamily dwelling units.
The MPUD shall provide a timing trigger mechanism identifying the minimum
number of multi-family dwelling units to be built within the Village Center as
well as the maximum number of dwelling units that may be developed within
the Village prior to development of a minimum amount (square footage) of
commercial uses as allowed in the C-1 through C-4 zoning districts.
4. The total square footage of any combination of uses listed in in paragraphs 3.b),
3.c), and 3.d) above shall not exceed 375,000 square feet.
5. Neighborhood Centers:
In addition to the Village Center and Amenity Center(s), the Village shall be
designed to include Neighborhood Centers located such that majority of residential
development is located within a one-quarter mile of a Neighborhood Center,
Amenity Center, or the Village Center. Neighborhood Centers may include small
scale retail and office uses, limited to a maximum of 5,000 square feet within any
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Exhibit A PL20180002660
Neighborhood Center and 10,000 square feet in total for the Rural Village. Any
commercial square footage developed within a Neighborhood Center shall be
subiect to the maximum allowable 250,000 square foot limitation for commercial
uses established in paragraph 3.B.3.b), above. Neighborhood Centers shall
include a neighborhood park, square, green, or other similar passive use, and may
include restroom facilities, gazebos, arbors, fountains, docks or piers if located
along lake frontage, mail kiosks, and similar structures for the use and enjoyment
of neighborhood residents and guests. To encourage compact development,
Neighborhood Centers may include attached single-family, villas, or multi-family
dwelling units. The approximate location and size of each Neighborhood Centers
shall be identified on the PUD Master Plan. Neighborhood Centers providing
attached residential dwelling units shall be a minimum of two acres in size.
6. Affordable Housing:
A minimum of 0.2 units per acre shall be affordable housing, of which at least
0.1 units per acre shall be workforce housing. The Village shall be designed so
as to disperse the affordable and/or workforce housing units throughout the
Village rather than concentrate them in a single location. For the purpose of this
Overlay, workforce housing shall be defined as housing that is reserved for
households whose income falls within the income range of 80% to 120% of the
County' s Annual Median Income (AMI), with percentages to be determined at
PUD rezone.
C. Receiving Lands Minimum and Maximum Density:
1. The minimum required density is 3,000 dwelling units (1.51 units per acre) and the
maximum density is 4,000 dwelling units (2.009 units per acre).
D. Methods to Achieve Density on Receiving Lands:
1. From lands within the IRRVO:
a. Base Density: 0.20 dwelling units per acre; and,
b. Affordable Housing Bonus: 0.50 dwelling unit for each unit that is provided for
lower income residents and for entry level and workforce buyers; and,
c. TDRs from Sending Lands in the IRRVO; and,
d. One (1.0) additional Rural Village Bonus Credit for each TDR utilized.
2. From lands outside of the IRRVO:
a. TDRs from Sending Lands and for each TDR from Sending Lands outside of
the IRRVO, one additional Rural Village Bonus Credit for each TDR utilized.
E. Greenbelt, Perimeter Landscape Buffers, and Native Vegetation Retention:
1. A Greenbelt shall be provided by the Owner along the perimeter of the Rural
Village in order to provide buffering from adjacent Estates and A-Agricultural zoned
parcels. Where the Village is abutting Sending designated lands in the IRRVO,
such Sending lands may be used to meet this requirement. A Greenbelt shall not
be required between Neutral and Receiving designated lands within the
Immokalee Road Rural Village Overlay.
2. The Greenbelt shall be a minimum of 200 feet in width except adiacent to the
Village Center along lmmokalee Road,where the Greenbelt/Perimeter Buffer shall
be a minimum of 100 feet in width and along the eastern perimeter of the Village,
adjacent to the 120'wide public roadway, where the Greenbelt shall be a minimum
of 120 feet in width and located on the east side of the 120' wide public roadway.
One Neighborhood Center may be located within the Greenbelt as set forth in the
M PU D.
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Exhibit A PL20180002660
3. An enhanced 25'wide Perimeter Landscape Buffer shall be provided by the Owner
within the Greenbelt. The details of the Perimeter Landscape Buffer shall be set
forth in the MPUD document, including the type of buffer and the minimum amount,
spacing, and size of plantings at time of installation.A Perimeter Landscape Buffer
is not required between the Receiving Lands and the abutting Neutral Lands in the
IRRVO.
4. The Greenbelt, along the south and east perimeter, including Sending lands
meeting the Greenbelt requirement, may include utility easements. Structures
necessary to support utility infrastructure are permitted within such easements but
shall be buffered from adjacent lands with a 6' tall opaque fence or wall,
supplemented with landscaping. The specific landscape requirements shall be set
forth in the MPUD, or alternatively within a Developer's Contribution Agreement.
5. The Greenbelt/Perimeter Buffer may include multi-use pathways, and stormwater
retention or conveyance, provided the planting areas within all required perimeter
landscape buffers are a minimum of 25 feet in width.
6. Native Vegetation Retention: The required native vegetation retention shall be
provide as required in LDC Section 3.05.07.C.
*** *** *** *** *** *** **. *** *** *** *** *** ***
FUTURE LAND USE MAP SERIES [page 159]
*** *** *** *** *** *** *** *** *** *** *** *** ***
Creekside Commerce Park East Mixed Use Subdistrict Map
Immokalee Road Rural Village Overlay Map
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Exhibit A PL20180002660
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 6, 2022
Martha S. Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-35A (corrected), which was filed in this office on
October 6, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 4, 2022
Martha S. Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-35, which was filed in this office on October 4,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270