Friday, February 05, 2016

County Reduces Michelle O'Connell Fee Demand by 87.4%: IN HAEC VERBA





We're closer today to obtaining a key piece of evidence that St. Johns County officials failed to obtain 1985 days ago, when Michelle O'Connell was shot -- and which state and county officials failed to obtain for more than five years ago -- the Johnson Controls, Inc. water consumption records for the rental house at 4700 Sherlock Place where the shooting took place.  

 St. Johns County Sheriff's Deputy JEREMY BANKS smelled like a "fresh shower" that night. BANKS denied taking a shower.  But no one ever bothered to obtain the water consumption records that could prove him wrong.  We've been working to get those records for nearly two (2) years from officials of St. Johns County, long regarded as the most corrupt in Florida.

 See below.

 From: easlavin
To: pmccormack ; mwanchick
Sent: Fri, Feb 5, 2016 5:01 pm
Subject: Re: Request No. 2015-167: 4700 Sherlock Place Water consumption, September 2-3, 2010 -- Johnson Controls, Inc. smart water meter consumption records bearing on Michelle O'Connell shooting case

 Dear Patrick and Mike:
1. This information must be provided free of charge.  It bears on the September 2, 2010 shooting death of Michelle O'Connell in the home of a St. Johns County Sheriff's deputy. We are seeking an easily retrievable smart water meter record that was inexplicably never sought by county and state officials and to which access has been blocked by St. Johns County officials since 2014.
2. This is a simple search under F.S. 119.
3. Is JOHNSON CONTROLS, INC. guilty of price-gouging St. Johns County? There was no invoice or other proof ever supplied in response to my prior requests that St. John County ever paid anyone $250/hour for the services of JOHNSON CONTROLS, INC., SENSUS et al. on computer searches, or that any contract obligated the County to pay that amount.
4.  For nearly two years, St. Johns County cruelly and unfairly attempted to euchre and bamboozle and inflict an illegal charge by JOHNSON CONTROLS, INC..  JCI is a controversial company whose unethical practices Bernie Sanders and Hillary Clinton have attacked, as recently as last night's presidential debate -- taking a government bailout and then seeking to avoid paying U.S. taxes by merger with TYCO, whose headquarters is in Ireland.
5. We want to watch and videotape the employee do the search of the JCI Smart Water Meter records to insure the integrity of the process.  
6. JCI and SJC must waive any fees and provide the requested information pro bono, without further delay.
7. I have telephoned once again and sent a copy of this e-mail to JCI's Global Communications Manager, Mr. Engerman (414) 308-8321, fraser.engerman@jci.com.  I have also shared it with the Bernie Sanders and Hillary Clinton presidential campaigns.
8. You have admitted by silence …. [redacted].
9. Since you both have comfortable waiting rooms, Patrick and Mike, I suspect local residents may sit in until the records are provided.
10. RFK said, "Government belongs wherever evil needs an adversary or wherever there are people in distress who cannot help themselves." Michelle O'Connell was shot to death some 1985 days ago in the home of a St. Johns County deputy, admittedly without proper homicide investigation. St. Johns County officials let her down, and let her family down, again yesterday, and once again today.  Enough flummery, dupery and nincompoopery from SJC, JCI et al.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Patrick McCormack <pmccormack@sjcfl.us>
To: 'Ed Slavin' <easlavin@aol.com>
Sent: Fri, Feb 5, 2016 3:31 pm
Subject: Smart Water Meter Readings

Hi Ed,
This office has previously informed you that St. Johns County has located inactive computer servers that may possibly have responsive records on them. Pursuant to section 119.07(4)(d), Florida Statutes, if the nature or volume of the records requested requires the extensive use of information technology resources, or extensive clerical or supervisory assistance, or both, the County may charge an additional special service charge based on the cost actually incurred or attributable.
It is unknown whether the inactive servers actually hold any responsive records, or exactly how much time it would take to search the server for the requested records. The County’s actual cost would normally be in excess of $200.00 per hour, which is the price the entity who created and administers the servers (Sensus) would charge. In an effort to facilitate your request, the County here below provides a fee estimate based on the County staff rate. We estimate your request to require at least two (2) hours of staff time to search for and, if present, locate, retrieve, and review documents responsive to your request.
The estimated fee for your request would be 2 hours at a staff rate of $34.01 for a total fee of $68.02.  A cost deposit in this amount will be required before the County will begin this further search for possible responsive records. Upon your consent and receipt of payment by the County, the County will ship the servers to Sensus and request their staff to immediately and expeditiously begin searching for records per your request. If it is determined that it will take longer than two (2) hours to fulfill your request, we will notify you of any additional time and cost to complete the search. If the actual cost is less than your payment you will be refunded the difference.
Please make your cost deposit payable to St. Johns County Board of County Commissioners. It may be mailed to the St. Johns County Attorney’s Office, 500 San Sebastian View, St. Augustine, Florida 32084. If making the payment in person, please deliver to the County Attorney’s Office located in the County Administration Building at the same address referenced above.
v/r
Pat
Patrick F. McCormack
County Attorney
St. Johns County
500 San Sebastian View
St. Augustine, Florida 32084
(904)209-0805 office
(904)209-0806 fax
pmccormack@sjcfl.us
0[1]
Practicing Law with Civility is the Rule!
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the St. Johns County Board of County Commissioners and employees regarding public business are public records available to the public and media through a request. Your e-mail communications may be subject to public disclosure.
This communication may contain privileged and confidential information intended only for the addressee(s) named above.  If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited.  If you are not the intended recipient, please notify the sender by reply email and destroy all copies of the original message.
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-----Original Message-----
From: easlavin <easlavin@aol.com>
To: pmccormack <pmccormack@sjcfl.us>; mwanchick <mwanchick@sjcfl.us>
Sent: Thu, Feb 4, 2016 2:38 pm
Subject: Re: Request No. 2015-167: 4700 Sherlock Place Water consumption, September 2-3, 2010 -- Johnson Controls, Inc. smart water meter consumption records bearing on Michelle O'Connell shooting case



Dear Pat and Mike:
1. There should be no charge and no further delay in responding to this request for 4700 Sherlock Place water consumption, September 2-3, 2010, from our County's Johnson Controls, Inc. smart water meter consumption records.  These records directly bear on the Michelle O'Connell shooting case. (See below). You will kindly recall that I first requested these records in 2014 pursuant to F.S. 119 and Article I, Section 24 of our Florida Constitution, adopted by vote of 3.8 million voters in 1992 (83%)..  
2. It is cruelly unfair of you to delay this request and attempt to charge fees after all these years, particularly in light of:
A. … [Redacted]; and
B. The failure of the Medical Examiner, Sheriff and three State's Attorney's offices to obtain our JCI smart water meter consumption records for 4700 Sherlock Place, a breach of the standard of care for homicide investigations.
3. Since SJC BCC allows developers and law firms hundreds of thousands and millions of dollars in subsidies and giveaways, you can waive fees on this request. Now.
4. Every day that passes without complying with this simple request is further evidence of incompetence and corruption in St. Johns County.
5. Investigator Clu Wright and I travelled to both your offices earlier today and are ready, willing and able to meet with you in person to discuss this matter.
6. Please provide the requested water consumption records by close of business on February 5, 2016, without further flummery, dupery or nincompoopery.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


[Attachment redacted]

-----Original Message-----
From: easlavin <easlavin@aol.com>
To: pmccormack <pmccormack@sjcfl.us>; mwanchick <mwanchick@sjcfl.us>
Sent: Thu, Jan 14, 2016 2:18 pm
Subject: Re: Request No. 2015-167: 4700 Sherlock Place Water consumption, September 2-3, 2010 -- Johnson Controls, Inc. smart water meter consumption records bearing on Michelle O'Connell shooting case


Dear Messrs. Wanchick and McCormack:

1. Please produce the requested record without further delay. 

2. "We, the People" have a Right to Know -- an indefeasible, unalienable, irrefragable right under F.S. 119 and Article I, Section 24 of our Florida Constitution: it was adopted by votes of more than 3.8 million Florida voters (83%) in 1992.  We have a right to the computer records of 4700 Sherlock Place hourly water consumption, September 2-3, 2010 from our County's Johnson Controls, Inc. "smart water meter" consumption records.  (The amendment was drafted by University of Florida Law Professor Joseph Little, former Gainesville Mayor).

3. St. Johns County's designated contractor contact, Mr. Jon Law, told me this afternoon that he knew nothing about my request, which St. Johns County Board of County Commissioners officials have delayed and resisted fulfilling since 2014.

4. The easily obtained one page computer record sought is pertinent to the Michelle O'Connell shooting case as to whether the only suspect, St. Johns County Sheriff's Deputy JEREMY BANKS, used water to clean the weapon and himself after the shooting.  There was no blood or DNA on the weapon.  Deputy Debra Maynard stated BANKS smelled as if he had a "fresh shower."  BANKS denied washing up after the shooting, which was after the victim broke off her relationship with him, shortly after he and the victim attended an outdoor concert together at the St. Augustine Amphitheater. See The New York Times, "Two Gunshots on a Summer Night" by Walt Bogdanich & Glenn Silber (November 24, 2013):  http://www.nytimes.com/projects/2013/two-gunshots/;PBS/Frontline,   "A Death in St. Augustine (November 26, 2013):  
http://www.pbs.org/wgbh/pages/frontline/death-in-st-augustine/ 

5. Not one of the law enforcement agencies involved ever obtained the JCI hourly "smart water meter" records.  Not one.  Why? This includes our St. Johns County Sheriff's Department, FDLE and three different State's Attorneys.  The standard of care in a homicide investigation is to seek such water use records immediately. In this case, as reported by the Times and PBS Frontline, the Sheriff's office concluded "suicide" by a victim of Office Involved Domestic Violence (OIDV) long before the sun rose the next day. St. Johns County Sheriff DAVID SHOAR failed to perform a proper investigation, as confirmed by nationally recognized experts.

6. We have a Right to Know the hourly water consumption at the home where Michelle O'Connell was shot to death on September 2, 2010 with the service weapon of St. Johns County Sheriff's Deputy JEREMY BANKS.  I have sought this record since 2014.

7. Please stop demanding I pay your contractor(s) an illegal fee.  This is unseemly.  As our Florida State Attorney General states:


This office has opined, in Attorney General Opinion 2002-37, that an agency may not abdicate its duty to produce public records for inspection and copying by requiring those seeking public records to do so only through its designee and then paying whatever fee that company may establish for its services. Rather, the agency is the custodian of its public records and, upon request, must produce such records for inspection and copy such records at the statutorily prescribed fee.[6] And see Op. Att'y Gen. Fla. 05-34 (2005) (while the property appraiser may provide public records, excluding exempt or confidential information, to a private company, the property appraiser may receive only those fees that are authorized by statute and may not, in the absence of statutory authority, enter into an agreement with the private company where the property appraiser provides such records in exchange for either in-kind services or a share of the profits or proceeds from the sale of the information by the private company).

… When calculating the "actual costs of duplication," charges may not be made for labor costs or associated overhead costs. However, section 119.07(4)(d), Florida Statutes, provides that if the nature or volume of public records to be inspected or copied requires the extensive use of information technology resources or extensive clerical or supervisory assistance, or both, the City of Miami Gardens may charge a reasonable service charge based on the cost actually incurred by the agency for such extensive use of information technology resources or personnel. The fact that the request involves the use of information technology resources is not sufficient to incur the imposition of the special service charge.


8. Michelle O'Connell's September 2, 2010 shooting death is still under investigation: her body was exhumed and autopsied on Monday, January 11, 2016.  

9.  The public interest in this case is beyond cavil. Please see links to print and television news stories collected at:

10. The whole world is watching St. Johns County, Florida and Sheriff DAVID SHOAR, currently subject of investigations by the FBI Corruption Task Force in Daytona Beach.

11. Please produce the September 2-3, 2010 hourly water use records for 4700 Sherlock Place.  Now.

12. Thank you in advance for your full cooperation. 

Happy New Year.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998

-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: Asha Rimel <arimel@sjcfl.us>
Cc: Diane Lehmann <dlehmann@sjcfl.us>; Judy Hamilton <jhamilton@sjcfl.us>; Rebecca Lavie <rlavie@sjcfl.us>
Sent: Wed, Aug 12, 2015 11:21 am
Subject: Re: Request No. 2015-167: 4700 Sherlock Place Water consumption, September 2-3, 2010 -- Johnson Controls, Inc. smart water meter consumption records bearing on Michelle O'Connell shooting case

Thank you.

Sent from my iPhone

On Aug 12, 2015, at 11:10 AM, "Asha Rimel" <arimel@sjcfl.us> wrote:
Dear Mr. Slavin:
Regarding your request item #3/B, the telephone number for Mr. John Law at Sensus is 904-253-0473 and the email address for Mr. George Green at Johnson Controls, Inc. is George.e.green@jci.com.
For all other items of your request, after a reasonable search the County has found no records responsive to your request.
Thank you,
Asha.
Asha Rimel
Office of County Attorney`
St. Johns County Board of County Commissioners
500 San Sebastian View
St. Augustine, FL  32084
Phone: 904.209.0812 | Fax:  904.209.0806
Email:  arimel@sjcfl.us | Web:  www.sjcfl.us   P please don't print this e-mail unless you really need to.
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the St. Johns County Board of County Commissioners and employees regarding public business are public records available to the public and media through a request. Your e-mail communications may be subject to public disclosure.
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Tuesday, July 07, 2015 7:57 PM
To: Asha Rimel; Patrick McCormack
Subject: Re: Request No. 2015-167: 4700 Sherlock Place Water consumption, September 2-3, 2010 -- Johnson Controls, Inc. smart water meter consumption records bearing on Michelle O'Connell shooting case
Re: Request No. 2015-167: 4700 Sherlock Place Water consumption, September 2-3, 2010 -- Johnson Controls, Inc. smart water meter consumption records bearing on Michelle O'Connell shooting case
Dear Ms. Rimel and Mr. McCormack:
1. Thank you.  I first requested these records in May, 2014.  I was delighted to hear the good news about your further search.  Thank you for your splendid efforts!
2.  Before agreeing and paying a search deposit, please provide a copy of the correspondence and contract(s) or contract modifications from which the $250/hour "charge" estimate is derived and identification of the hardware and software systems involved for me to share with experts.
3. Also, please provide: 
A. Data on the actual "cost" (e.g., actual hourly wages or annual salary of the people in the department doing the searching), 
B. The telephone number, e-mail and name of the contact persons for Sensus and Johnson Controls, Inc., and 
C. Any prior invoices from Sensus and Johnson Controls, Inc. for any such search work at a rate of $250/hour, or at any other price.
4. Under F.S. 119, our Florida Open Records law, contractor "cost" does not include profit. 
5. St. Johns County, Johnson Controls and Sensus will all want to do a very efficient and effective job on this request because of the public interest in this information.  
6. The whole world is watching.  These are our records, urgently sought for compelling reasons.
7. It has been some 1769 days since Michelle O'Connell was shot to death at 4700 Sherlock Place in rural St. Johns County.
8. The record in quo should have been obtained immediately by local and state investigators; this case is now subject of an FBI investigation and Special Prosecutor inquiry. After he attended an outdoor amphitheater concert with victim Michelle O'Connell, 4700 Sherlock Place resident Deputy Jeremy Banks told Deputy Debra Maynard at the shooting scene that he had not showered (but she noticed smelled like a "fresh shower" and there was water and a rubber glove or gloves photographed on only one of the vehicles in the driveway and it had not rained).
9. In October 2014, in response to more than 180,000 petition signers, our Florida Governor Richard Scott named Orange County State's Attorney Jeffrey Ashton as Special Prosecutor; this was because of the many flaws in prior investigations, 2010-2014.  
10. For more information on the subject of this request, please read and view the following:
The New York Times, "Two Gunshots on a Summer Night" by Walt Bogdanich & Glenn Silber (November 24, 2013): http://www.nytimes.com/projects/2013/two-gunshots/
PBS/Frontline, "A Death in St. Augustine (November 26, 2013):http://www.pbs.org/wgbh/pages/frontline/death-in-st-augustine/ ;NBC News Dateline, "Two Shots Fired" (April 18, 2014):http://www.nbcnews.com/dateline/full-episode-two-shots-fired-n84816
Folio Weekly: Jeff Billman, "Somebody's lying -- An activist accuses the St. Augustine Record of bowing 
to pressure from Jeremy Banks' attorney. The paper accuses her of spreading misinformation" (September 17, 2014), http://folioweekly.com/SOMEBODYS-LYING-ST-AUGUSTINE-RECORD-ACTIVIST-JEREMY-BANKS,10912
Dr. Phil, "The Mystery of Michelle O'Connell" (November 3, 2014): http://www.drphil.com/shows/show/2298
Folio Weekly, "Murder, He Wrote," by Susan Cooper Eastman (November 19, 2014), http://cleanupcityofstaugustine.blogspot.com/2014/11/michelle-oconnell-shooting-read-folio.html
Folio Weekly, "The Proxy War," by Derek Kinner (March 4, 2015): http://cleanupcityofstaugustine.blogspot.com/2015/03/folio-weekly-deputy-jeremy-banks-and.html
11. Also, I wrote about this request in a St. Augustine Record column a year and a day ago. See Ed Slavin, Guest column, "We need open debate, real answers," St. Augustine Record, July 6, 2014 at http://staugustine.com/opinions/2014-07-06  
12. Thank you again for your splendid efforts!  It was good to hear from you.
With kindest regards -- and my compliments for your fine work --  I am,
Sincerely yours,
Ed
Ed Slavin
904-377-4998
-----Original Message-----
From: Asha Rimel <arimel@sjcfl.us>
To: easlavin <easlavin@aol.com>
Sent: Tue, Jul 7, 2015 3:35 pm
Subject: RE: Request No. 2015-167: 4700 Sherlock Place Water consumption, September 2-3, 2010
Dear Mr. Slavin:
St. Johns County has located inactive computer servers that may possibly have responsive records on them.  Pursuant to section 119.07(4)(d), Florida Statutes, if the nature or volume of the records requested requires the extensive use of information technology resources, or extensive clerical or supervisory assistance, or both, the County may charge an additional special service charge based on the cost actually incurred or attributable.
It is unknown whether the inactive servers actually hold any responsive records, or how much time it would take to search the server for the requested records.  The County’s actual cost would be $250.00 per hour, which is the price the entity who created and administers the servers (Sensus) charges.  If you would like a search conducted for a specific amount of time, please let us know, and we will require prepayment for however much search time you are requesting.  Upon your consent and receipt of payment, Sensus staff will be directed to immediately and expeditiously begin searching for records per your requests.  If the actual cost is less than your payment you will be refunded the difference.
Thank you,
Asha.
Asha Rimel
Office of County Attorney
St. Johns County Board of County Commissioners
500 San Sebastian View
St. Augustine, FL  32084
Phone: 904.209.0812 | Fax:  904.209.0806
Email:  arimel@sjcfl.us | Web:  www.sjcfl.us   P please don't print this e-mail unless you really need to.
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the St. Johns County Board of County Commissioners and employees regarding public business are public records available to the public and media through a request. Your e-mail communications may be subject to public disclosure.
From: Asha Rimel
Sent: Tuesday, June 16, 2015 2:00 PM
To: easlavin@aol.com
Cc: Patrick McCormack; Diane Lehmann; Judy Hamilton; David Migut
Subject: RE: Request No. 2015-167: 4700 Sherlock Place Water consumption, September 2-3, 2010
Dear Mr. Slavin:
I am writing to acknowledge receipt of your public records request.  St. Johns County will determine if it has any records that are responsive to your request.  If any such records are located, we will compile them and redact any exempt material prior to providing them to you.  Should it be determined that the nature or volume of the public records requested requires the extensive use of information technology resources, or extensive clerical or supervisory assistance, or both, then we will first respond with an estimate of the additional charges for the actual costs incurred, and whether a deposit will be required.  In such instance, the records will be compiled only after you approve the charges and the County receives any required deposit.  Payment for the total or remaining costs can be made when the records are available.  If the actual cost is less than your deposit, you will be refunded the balance.
Thank you,
Asha.
Asha Rimel
Office of County Attorney
St. Johns County Board of County Commissioners
500 San Sebastian View
St. Augustine, FL  32084
Phone: 904.209.0812 | Fax:  904.209.0806
Email:  arimel@sjcfl.us | Web:  www.sjcfl.us   P please don't print this e-mail unless you really need to.
PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the St. Johns County Board of County Commissioners and employees regarding public business are public records available to the public and media through a request. Your e-mail communications may be subject to public disclosure.

From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Monday, June 15, 2015 5:27 PM
To: Patrick McCormack; Jerry Cameron; Michael Wanchick; Darrell Locklear
Subject: Request No. 2015-167: 4700 Sherlock Place Water consumption, September 2-3, 2010
Please send records, including documents on response and obfuscation of my prior requests, blocked by Jerry Cameron, who broke his promises to provide a point of contact and a cost estimate for Johnson Controls. Thank you.
----

-----Original Message-----
From: easlavin <easlavin@aol.com>
To: dshoar <dshoar@sjso.org>; cmulligan <cmulligan@sjso.org>; mwanchick <mwanchick@sjcfl.us>; pmccormack <pmccormack@sjcfl.us>; byoung <byoung@co.st-johns.fl.us>; kari.b.pfisterer <kari.b.pfisterer@jci.com>; fraser.engerman <fraser.engerman@jci.com>; mcline <mcline@sjso.org>
Sent: Wed, May 21, 2014 7:16 pm
Subject: URGENT re: Michelle O'Connell death investigation -- 9/2/2010 St Johns County Water Department/Johnson Controls, Inc. "smart water meter" hourly detail for 4700 Sherlock Place
Dear Sheriff Shoar, Cmdr Mulligan, Mr. Cline, Mr. Wanchick, Mr. McCormack, Ms. Phisterer, Mr. Fraser, Mr. Young, et al.:
1. Please E-mail me PDF(s) of the 4700 Sherlock Place 9/2/2010 hourly water usage summary, including but not limited to those on file in SJCSO's putative "investigation." or in SJCSO's copy of FDLE investigative files, or from SJC BOCC, SJC Utility Department or from Johnson Controls SQL backup tape(s), or otherwise.  Please include all non-identical copies, or marked on copies with exhibit labels.  
2. This is a very easy request -- one page of data -- 24 hourly water usage readings for each of 24 hours on 9/2/2010.  There could not be a simpler request, or one requiring any less paper or work.  
3. It is a matter of great public interest, however, there now being more than 152,500 signatures on a change.org petition for an inquest into the 9/2/2010 death of Michele O'Connell, reported in great detail by The New York Times, PBS Frontline, NBC News Dateline (and soon CNN AC360).  As the late U.S. Attorney General Robert Francis Kennedy said it best, "Justice delayed is democracy denied."
4. St. Johns County Sheriff's Deputy Jeremy Banks apparently told FDLE Agent Rusty Rodgers, in a videotaped interview, that he did not shower the evening of 9/2/2010 upon returning home. 
5. Thus, we as Americans, Floridians and St. Johns County residents all have a right to read the water use records for 4700 Sherlock Place for that night.  Who among us would disagree?
6. Thank you to each and every one of you in advance for your very prompt cooperation tomorrow, or at the latest by close of business on Friday, May 23, 2014. 
7. The whole world is watching. 
8. Your cooperation is  urgently required by Article I, Section 24 of our Florida Constitution, enacted in 1992 by vote of 83% (3.8 million) Florida voters.
9. Johnson Controls, Inc. (JCI) is a publicly traded corporation regulated by the SEC, and a St. Johns County government contractor. Its records are covered by our liberal Florida Open Records laws, as amended last year by our Florida Legislature, to make it irrefragable that government contractor records are covered.
10. Please do not hesitate to call me if you have any questions. 
Best wishes to each of y'all for Memorial Day 2014.
Thank you again in advance for your kind assistance.
With kindest regards, I am,
Sincerely yours,
Ed
Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
904-377-4998
at

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