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• �srLvr,,, CITY OF ATLANTIC BEACH
'i,; ;f 800 SEMINOLE ROAD
r� ATLANTIC BEACH, FL 32233
PHONE (904) 247-5800
4.141-01319
11/19/2020
ROSENSTEIN REGINA TRUST
501 MAYPORT RD
ATLANTIC BEACH, FL 32233-3421
Real Estate Number: 177476 0000 Case Number: 20-142
Location of Violation: 501 MAYPORT RD, 38-2S-29E .344 B DE CASTRO Y FERRER GRANT PT RECD
O/R 10992-20 Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16.
A code enforcement inspection at 501 MAYPORT RD was conducted on 11/19/2020. The City of Atlantic Beach
Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code of Ordinances:
1.VIOLATION CODE: Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above
ground tanks. (b)Within commercial, industrial and multi-family zoning districts,dumpsters,trash receptacles,
above-ground tanks and similar structures and containers shall be screened from view by fencing or landscaping,
or shall be located so that these are not visible from adjacent properties or streets.Above-ground tanks used to
store hazardous,chemical or explosive materials may remain unscreened upon determination by the director of
public safety that a threat to security and public safety may result from screening such tank(s)from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4)feet in height at the time of
installation and of an evergreen variety that shall form a year round visual barrier and shall reach a minimum
height of six(6)feet at maturity; or an opaque wood,masonry,brick or similarly constructed fence, wall or
barrier. Where a fence,wall or similar type barrier is used, construction materials, finish and colors shall be of
uniform appearance. All screening shall be maintained in good condition. Where appropriate, a landscaped
berm may be used in place of a fence,wall or trees
2.VIOLATION CODE: Sec. 24-157. Fences, Walls and Similar Structures(e)Maintenance of fences. Fences
that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the
quality of neighborhoods. Fences that are in a state of neglect,damage or disrepair,shall be repaired,replaced or
removed.
NATURE OF VIOLATION: The fencing around the building and around the garbage enclosure is beginning to
deteriorate and is in need of repairs.
This letter requests that the noted violation(s) be corrected by repairing or replacing the wood fencing
within thirty (30) days of the receipt of this notice. The City of Atlantic Beach offers a grant program for
businesses along the Mayport Corridor to help with the costs for exterior facade projects such as fencing, and
landscaping. Please contact our Planning Department if you are interested in this grant.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizarry@coab.us if you have any questions or need additional information.
1..,1Q-�ZQf(•--k , hereby swear and affirm that the above statement is true and
accurate.
Sincerely,
•
Angela Iriz ' 41
CODE ENFORCEMENT
cc: ROSENSTEIN REGINA TRUST
C/O REGINA ROSENSTEIN TRUSTEE
105 RONAN RD
HIGHWOOD, IL 60040-2064
'I L-LN3ir- CITY OF ATLANTIC BEACH
1 f 800 SEMINOLE ROAD
s) ATLANTIC BEACH,FL 32233
PHONE (904) 247-5800
s'�o; 1')
CERTIFIED RETURN RECEIPT REQUESTED
7016 0910 0001 6799 3984
1/12/2021
ROSENSTEIN REGINA TRUST
501 MAYPORT RD
ATLANTIC BEACH,FL 32233-3421
Real Estate Number: 177476 0000 Case Number: 20-142
Location of Violation: 501 MAYPORT RD, 38-2S-29E .344 B DE CASTRO Y FERRER GRANT PT RECD
O/R 10992-20 Atlantic Beach, Florida
Dear Property Owner:
Please be advised, the City of Atlantic Beach Code of Ordinances includes rules and regulations governing
construction activities and also maintenance standards for property within the City. These standards are set forth
in the International Property Maintenance Code and the Florida Building Code and were adopted as part of the
City of Atlantic Beach Code of Ordinances in Chapter 6,Article II, Section 6-16.
A code enforcement inspection at 501 MAYPORT RD was conducted on 11/19/2020 & 1/12/2021. The City of
Atlantic Beach Code Enforcement has found your property to be in violation of the City of Atlantic Beach Code
of Ordinances:
NATURE OF VIOLATION: The fencing around the building and around the garbage enclosure has
deteriorated. Areas of the fence are leaning and there are broken and missing wood slats.
1.VIOLATION CODE: Sec. 24-160. Dumpsters, garbage containers and refuse collection areas and above
ground tanks. (b)Within commercial, industrial and multi-family zoning districts,dumpsters,trash receptacles,
above-ground tanks and similar structures and containers shall be screened from view by fencing or landscaping,
or shall be located so that these are not visible from adjacent properties or streets.Above-ground tanks used to
store hazardous,chemical or explosive materials may remain unscreened upon determination by the director of
public safety that a threat to security and public safety may result from screening such tank(s)from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4)feet in height at the time of
installation and of an evergreen variety that shall form a year round visual barrier and shall reach a minimum
height of six(6)feet at maturity; or an opaque wood,masonry, brick or similarly constructed fence,wall or
barrier. Where a fence, wall or similar type barrier is used,construction materials,finish and colors shall be of
uniform appearance. All screening shall be maintained in good condition. Where appropriate, a landscaped
berm may be used in place of a fence,wall or trees
2.VIOLATION CODE: Sec. 24-157. Fences, Walls and Similar Structures(e)Maintenance of fences. Fences
that have been allowed to deteriorate to an excessive degree have a negative impact on property values and the
quality of neighborhoods. Fences that are in a state of neglect, damage or disrepair, shall be repaired, replaced or
removed.
This letter requests that the noted violation(s) be corrected by repairing or replacing the wood fencing
within ten (10) days of the receipt of this notice. The City of Atlantic Beach offers a grant program for
businesses along the Mayport Corridor to help with the costs for exterior façade projects such as fencing, and
landscaping. Please contact our Planning Department if you are interested in this grant.
Thank you for your cooperation in this matter. Failure to correct the violation by the required date may result in
this case being referred to the Code Enforcement Special Magistrate resulting in fines up to two hundred fifty
dollars ($250.00) per day. Upon completion of the action required, it is your responsibility to contact me and
arrange for an inspection to verify compliance. Please contact Atlantic Beach Code Enforcement at (904) 247-
5855 or airizartry@coab.us if you have any questions or need additional information.
I, T 9 rc , hereby swear and affirm that the above statement is true and
accurate.
rely,
Angela Ir rry
CODE ENFORCEMENT
cc: ROSENSTEIN REGINA TRUST
C/O REGINA ROSENSTEIN TRUSTEE
105 RONAN RD
HIGHWOOD, IL 60040-2064
Certified mail: 7016 0910 0001 6799 3946
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800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
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A j' J'1tl CODE ENFORCEMENT
J
- A 1.1 f iCITY OF ATLANTIC BEACH, FLORIDA
j' S)
j
NOTICE OF HEARING
's.4OE >'
2/12/2021 Case Number: 20-142
REGINA ROSENSTEIN TRUST Certified Mail Return Receipt:
501 MAYPORT ROAD 7013 1710 0002 1691 8229
ATLATNIC BEACH, FL 32233
Property Address: 501 MAYPORT ROAD.
ATLANTIC BEACH, FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on March 18, 2021 at 2:00 pm at Atlantic Beach City Hall, Commission Chamber, 800
Seminole Road,to answer and be heard on the following alleged violations on the property known as 501
MAYPORT ROAD, 38-2S-29E .344 B DE CASTRO Y FERRER GRANT PT RECD O/R 10992-20 .
The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building
Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16.
International Property Maintenance Code/City Code of Ordinances
1.) Sec. 24-160. - Dumpsters, garbage containers and refuse collection areas and above-ground
tanks.
(a) Within residential zoning districts, trash receptacles, garbage, recycling and similar containers shall
be shielded from view except during time periods typically associated with refuse collection. Any
structure, which serves the purpose to contain or shield such containers, shall not be located within
rights-of-way and shall not create interference with clear vehicular or pedestrian travel or sight
distance.
(b) Within commercial, industrial and multi-family zoning districts, dumpsters,trash receptacles, above-
ground tanks and similar structures and containers shall be screened from view by fencing or
landscaping,or shall be located so that these are not visible from adjacent properties or streets.Above-
ground tanks used to store hazardous, chemical or explosive materials may remain unscreened upon
determination by the director of public safety that a threat to security and public safety may result
from screening such tank(s)from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4) feet in height at the
time of installation and of an evergreen variety that shall form a year round visual barrier and shall reach
a minimum height of six(6) feet at maturity; or an opaque wood, masonry, brick or similarly constructed
fence, wall or barrier. Where a fence, wall or similar type barrier is used, construction materials, finish
and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where
appropriate, a landscaped berm may be used in place of a fence, wall or trees.
Page 1 of 2
2.) Sec. 24-157. Fences, Walls and Similar Structures
(e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a
negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect,
damage or disrepair, shall be repaired,replaced or removed.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 2/12/2021 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 501 Mayport Road. During the
inspection, the undersigned Code Enforcement Officer observed that the property was in violation of the
section listed above in the City of Atlantic Beach Code of Ordinances.The nature of the violation included:
wooden fence around dumpster enclosure has broken and missing pickets. Additionally, fence along the
left side of the property is also deteriorating and is in need of repair.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received,the case may be
presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the
hearing.
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
I, c `( ,OACk_. \2C(f f.._l , hereby swear and affirm that the above statement
is true and kcurate.
tea •
Angela I • airy 4 I 7013 1710 0002 1691 8243
Code Enforcement Officer, City of Atlantic Beach •V-''' m c
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Your item was delivered to an individual at the address at 1:10 pm on February 16, 2021 in
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CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9865 5077
vs.
Property Address: 501 Mayport Rd
Atlantic Beach, FL 32233
Regina Rosenstein Trust
501 Mayport Road
Atlantic Beach, FL 32233
Respondent.
CASE NUMBER: 20-142
REAL ESTATE NUMBER: 177476-0000
LEGAL DESCRIPTION: 38-25-29E. 344 B DE CASTRO Y FERRER GRANT PT RECD O/R 10992-20
ORDER ON CASE No. 19-228
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on March 18,
2021, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings of fact, conclusions of law,and orders
as follows:
FINDINGS OF FACT
1. Respondent, Regina Rosenstein Trust owns the property located at 501 Mayport Road,
Atlantic Beach, Florida.
2. Notice of the hearing was sent by Certified Mail on February 6, 2021 to the alternate
mailing address of the Trust and was delivered.
3. Respondent failed to appear at the hearing.
4. On November 19, 2020 and upon re-inspection on January 28, 2021, the Respondent's
property was cited for a garbage enclosure in need of repair in violation of Sec. 24-160
and Sec. 24-157 for a fence violation.
5. The City stated that the Respondent remains in non-compliance and recommended that
the Respondent have 10 days from the date of this order to comply. Failure to comply
will result in a $250.00 per day fine thereafter until in compliance.
CONCLUSIONS OF LAW
6. The Respondent was properly noticed for the hearing and remains in violation of the
garbage enclosure in need of repair in accordance with Sec 24-160 and Sec,24-157 for the
fence violation
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
THAT the Respondent is found in violation and the Respondent has 10 days from the date of this
Order to come into compliance. Failure to timely comply will result in a $250.00 per day fine
thereafter until in compliance.
DONE AND ORDERED THIS 26Th DAY OF MARCH, 2021.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ATTEST:
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Kimberl . Flower, Records Clerk Suzanne . Green, Special Magistrate
Executed this 26th day of March 2021.
PLEASE NOTE:Florida Statutes § 162.11 requires that any appeal of this order must be filed in the
circuit court for Duval County within 30 days of this order's execution.
cc: Regina Rosenstein Trust
c/o Regina Rosenstein Trustee
105 Ronan Road
Highwood, 1160040-2064
First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9865 5084
U.S. Postal Service- U.S. Postal Service'"
CERTIFIED MAIL° RECEIPT CERTIFIED MAIL° RECEIPT
Domestic Mail Only N domestic Mail Only
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OFFICIAL OFFICIAL
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❑Return Receipt(electronic) $ Postmark IM 0 Return Receipt(electronic) $ Postmark
O0 Certified Mail Restricted Delivery $ Here 0 0 Certified Mall Restricted Delivery $ Here
❑Adult Signature Required $ 0 Adult Signature Required $
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PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions PS Form 3800,April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
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c 1 ��r„ City of Atlantic Beach NEOPOST F,RST-CLASS^.^a,L
- 800 Seminole RoadI II 111 1111 111 03/26/2021 (� 0
till, Atlantic Beach,Florida 32233 US POSTAGE$006.96-
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041M11299654
RECEIVED
MAY 3 2021
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Regina Rosenstein Trust N i Xi E 3 2 2 F E 1 0004/08/21
501 Mayport Road RETURN TO SENDER
Atlantic Beach, FL 32233 ATTE MP TED — NOT KNOWN
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• Complete items 1,2,and 3. A. Signature
• Print your name and address on the reverse X 0 Agent
so that we can return the card to you. ❑Addressee
• Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery
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1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
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PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt :
f� CODE ENFORCEMENT
CITY OF ATLANTIC BEACH, FLORIDA
NOTICE OF HEARING
POSTED AT PROPERTY
AND ATLANTIC BEACH CITY HALL
4/26/2021 Case Number: 20-109
REGINA ROSENSTEIN TRUST
501 MAYPORT ROAD Property Address: 501 MAYPORT ROAD.
ATLATNIC BEACH, FL 32233 ATLANTIC BEACH,FL
Dear Respondent:
You are hereby notified and ordered to appear at the next public hearing of the Code Enforcement Special
Magistrate on May 6,2021 at 2:00 pm at Atlantic Beach City Hall,Commission Chamber, 800 Seminole
Road, to answer and be heard on the following alleged violations on the property known as 501
MAYPORT ROAD, 38-2S-29E .344 B DE CASTRO Y FERRER GRANT PT RECD O/R 10992-20 .
The City of Atlantic Beach adopted the International Property Maintenance Code and the Florida Building
Code as part of the City of Atlantic Beach Code of Ordinances in Chapter 6, Article II, Section 6-16.
International Property Maintenance Code/City Code of Ordinances
1.) Sec.24-160. - Dumpsters, garbage containers and refuse collection areas and above-ground
tanks.
(a) Within residential zoning districts, trash receptacles, garbage, recycling and similar containers shall
be shielded from view except during time periods typically associated with refuse collection. Any
structure, which serves the purpose to contain or shield such containers, shall not be located within
rights-of-way and shall not create interference with clear vehicular or pedestrian travel or sight
distance.
(b) Within commercial,industrial and multi-family zoning districts,dumpsters,trash receptacles,above-
ground tanks and similar structures and containers shall be screened from view by fencing or
landscaping,or shall be located so that these are not visible from adjacent properties or streets.Above-
ground tanks used to store hazardous, chemical or explosive materials may remain unscreened upon
determination by the director of public safety that a threat to security and public safety may result
from screening such tank(s) from view.
Screening shall consist of either: densely planted trees and shrubs at least four(4)feet in height at the
time of installation and of an evergreen variety that shall form a year round visual barrier and shall reach
a minimum height of six(6)feet at maturity; or an opaque wood,masonry, brick or similarly constructed
Page 1 of 2
fence, wall or barrier. Where a fence, wall or similar type barrier is used, construction materials, finish
and colors shall be of uniform appearance. All screening shall be maintained in good condition. Where
appropriate, a landscaped berm may be used in place of a fence, wall or trees.
2.) Sec. 24-157. Fences, Walls and Similar Structures
(e) Maintenance of fences. Fences that have been allowed to deteriorate to an excessive degree have a
negative impact on property values and the quality of neighborhoods. Fences that are in a state of neglect,
damage or disrepair, shall be repaired, replaced or removed.
STATEMENT OF CODE ENFORCEMENT OFFICER: On 2/12/2021 the undersigned Code
Enforcement Officer conducted an inspection of the premises located at 501 Mayport Road. During the
inspection, the undersigned Code Enforcement Officer observed that the property was in violation of the
section listed above in the City of Atlantic Beach Code of Ordinances.The nature of the violation included:
wooden fence around dumpster enclosure has broken and missing pickets. Additionally, fence along the
left side of the property is also deteriorating and is in need of repair. This case was heard at the March 18,
2021 Special Magistrate hearing. You were ordered to repair the fence within 10 days. As of 4/26/2021,
the repairs have not been made.
If the violation is corrected and then recurs or if the violation was not corrected by the time specified for
correction by the Code Enforcement Officer in the Notice of Violation that you received, the case may be
presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the
hearing.
You have the right to obtain an attorney at your own expense and to present witnesses on your behalf. If
you desire to have witnesses subpoenaed or if you have questions regarding the procedure,please contact
the City Clerk's office within five days of the receipt of this notice at (904) 247-5821. Please note the
presence of a court reporter for the purpose of insuring a verbatim record in the event an appeal should be
secured at your expense.
I, Poq *_ 21-Lotit -( , hereby swear and affirm that the above statement
e and-dc a ate.
• gela d arry
Code Enforcement Offic- , _ of Atlantic Beach
ATTEST:
9(14, T-10),(7e.(
Kim Flowers, Records Clerk
Page 2 of 2
•
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE ORDER
City of Atlantic Beach, Florida,
Petitioner First Class and Certified Mail Return Receipt
Requested: 7019 2970 0000 9865 5138
vs.
Property Address: 501 Mayport Rd
Atlantic Beach, FL 32233
Regina Rosenstein Trust
501 Mayport Road
Atlantic Beach, FL 32233
Respondent.
CASE NUMBER: 20-142
REAL ESTATE NUMBER: 177476-0000
LEGAL DESCRIPTION: 38-25-29E. 344 B DE CASTRO Y FERRER GRANT PT RECD O/R 10992-20
ORDER ON CASE No. 20-142
THIS CAUSE came for public hearing before the Code Enforcement Special Magistrate on May 6,
2021, and the Special Magistrate having heard testimony under oath, received evidence, and heard
arguments respective to all appropriate matters, issues findings of fact, conclusions of law, and orders
as follows:
FINDINGS OF FACT
1. Respondent, Regina Rosenstein Trust owns the property located at 501 Mayport Road,
Atlantic Beach, Florida.
2. Notice of the hearing was posted on the front of the property on April 26, 2021.
3. Respondent failed to appear at the hearing.
4. Originally, on November 19, 2020 and upon re-inspection on January 28, 2021, the
Respondent's property was cited for a garbage enclosure in need of repair in violation of
Sec. 24-160 and Sec. 24-157 for a fence violation.
5. At the March 18, 2021 hearing, the City stated that the Respondent remained in non-
compliance and recommended that the Respondent have 10 days from the date of this
Order to comply. Failure to comply would result in a $250.00 per day fine thereafter
until in compliance.
6. The City stated that the Respondent had completed some work on the garbage enclosure
and that the Respondent thought he was in compliance. However, the City said some
minor work of a latch and some slats to be replaced remained outstanding. The City
recommended that the Respondent have 15 days from the date of this Order to fully
comply. If in compliance at that time, the matter is complete and the Respondent would
not be required to attend the July 8, 2021 hearing.
CONCLUSIONS OF LAW
7. The Respondent was properly noticed for the hearing and remains in violation of the
garbage enclosure in need of repair in accordance with Sec 24-160 and Sec,24-157 for the
fence violation.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law and pursuant to the authority
granted in Chapter 162, Florida Statutes, and the Code of Ordinances of the City of Atlantic Beach,
Florida it is Ordered:
THAT the Respondent is found in violation and the Respondent has 15 days from the date of this
Order to come into complete compliance. The matter will be removed from the July 8, 2021
agenda if the Respondent has come into compliance.
DONE AND ORDERED THIS 13TH DAY OF MAY, 2021.
CITY OF ATLANTIC BEACH, FLORIDA
CODE ENFORCEMENT SPECIAL MAGISTRATE
ArrEsT: -fin,,
9tAltASIe
Kimberly . Flower, Records Clerk Suzanne`W. Green, Special Magistrate
Executed this 13th day of May 2021.
PLEASE NOTE:Florida Statutes § 162.11 requires that any appeal of this order must be filed in the
circuit court for Duval County within 30 days of this order's execution.
2
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