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Can a Florida Guardianship Be Reduced Instead of Removed?

How Orlando Courts Modify Guardianships to Protect Independence While Preserving Safety

Orlando is home to families at every stage of life, including many older adults who rely on loved ones for support while still wanting control over their daily decisions. In Orange County, I regularly meet people who feel trapped between two extremes. On one side is a full guardianship that removes too many rights. On the other side is the fear that ending guardianship entirely could place someone at risk. Florida law recognizes that those extremes are not the only options.

I am Attorney Beryl Thompson-McClary, and as a Guardianship Attorney in Orlando, I help families and individuals understand that a Florida guardianship can often be reduced instead of removed. In many cases, modification is the most appropriate outcome. I represent people who want to regain independence and people who want to preserve necessary protections while avoiding unnecessary court control. Because I help clients on both sides of Florida guardianship cases, I approach these matters with balance, precision, and respect for the court’s responsibility.

If you are questioning whether a guardianship in Orlando should continue as it currently exists, or whether it should be reduced, you can schedule a consultation by calling 1-888-640-2999. I handle guardianship matters throughout Orlando and all of Orange County, Florida.


Understanding the Difference Between Reducing and Removing a Guardianship

Many people assume guardianship is all or nothing. That assumption causes unnecessary conflict and fear. Florida law allows for a middle ground.

  • Removing a guardianship means the court terminates it entirely and restores all rights to the ward.
  • Reducing a guardianship means the court restores some rights while keeping others under supervision.

Reduction is often the better solution when a person has regained abilities in certain areas but still needs protection in others. Florida courts are encouraged to tailor guardianship orders so they remove only those rights that are truly necessary.

As an Orlando Guardianship Attorney, I often explain to clients that modification is not a failure of the guardianship system. It is evidence that the system is working as intended.


Florida Law Favors the Least Restrictive Form of Guardianship

Florida guardianship law is built on one core principle: remove as few rights as possible.

Under Florida Statute §744.2005, courts are required to use the least restrictive form of guardianship appropriate to the person’s needs. This statute applies not only at the beginning of a guardianship case, but throughout its duration.

If a person improves, stabilizes, or demonstrates the ability to manage certain aspects of life, the court has authority to modify the guardianship accordingly. Reduction is not only permitted; it is often encouraged.


What Does It Mean to Reduce a Guardianship in Florida?

Reducing a guardianship typically involves converting a plenary guardianship into a limited guardianship, or narrowing the scope of authority granted to the guardian.

Examples of rights that may be restored include:

  • The right to choose where to live
  • The right to manage a personal allowance
  • The right to make certain medical decisions
  • The right to consent to social activities and relationships
  • The right to participate in contracts under defined limits

A reduced guardianship acknowledges progress while maintaining oversight where risk remains.


Common Situations Where Reduction Makes Sense

In my Orlando practice, guardianship reduction often becomes appropriate in situations such as:

Recovery After a Medical Event

A person who experienced a stroke, head injury, or severe illness may have required full guardianship initially. After rehabilitation and stabilization, they may regain decision-making abilities in key areas.

Stabilized Mental Health Conditions

Some guardianships are established during periods of acute mental health crisis. Once treatment and medication are effective, the person may safely resume control over parts of their life.

Improved Living Arrangements

When a ward moves into a supportive environment, such as assisted living with supervision, certain risks decrease. The court may reduce guardianship authority accordingly.

Overly Broad Initial Orders

Sometimes rights were removed too aggressively at the start of the case. As time passes, it becomes clear that a narrower guardianship would have been sufficient.


Who Can Ask the Court to Reduce a Guardianship?

Florida law allows several parties to seek modification of a guardianship, including:

  • The ward
  • A guardian
  • A family member
  • Another interested person
  • The court itself

If you are a family member who believes the guardianship is too broad, or if you are a guardian who recognizes improvement and wants to act responsibly, the court allows you to request modification.

As a Guardianship Attorney in Orlando, I help clients determine whether they have standing and how to present their request effectively.


Key Florida Statutes Governing Guardianship Reduction

Several Florida statutes are central to guardianship modification cases:

  • §744.2005 – Requires least restrictive form of guardianship
  • §744.331 – Governs incapacity determinations and restoration of rights
  • §744.464 – Addresses modification of guardianship orders
  • §744.367 – Requires guardianship plans that may support modification
  • §744.441 – Limits guardian authority and supports tailored oversight

Together, these statutes give judges the authority to adjust guardianship arrangements when circumstances change.


How Orlando Courts Decide Whether to Reduce a Guardianship

Judges in Orange County look closely at evidence showing the ward’s current abilities, not just past conditions. Courts may consider:

  • Updated medical evaluations
  • Testimony from doctors, therapists, or caregivers
  • Daily functioning and decision-making ability
  • Financial responsibility with supervision
  • Compliance with treatment or care plans
  • Whether risks can be managed with limited oversight

The court’s focus is not whether the ward is perfect. It is whether restoring specific rights can be done safely.


Reducing Guardianship From the Ward’s Perspective

When I represent wards seeking reduction, they often tell me the same thing: they want dignity, independence, and a voice in their own lives.

Reduction allows a person to:

  • Regain confidence
  • Participate in meaningful decisions
  • Maintain personal relationships
  • Feel respected rather than controlled

My role is to help the court see the ward as they are today, not as they were at their worst moment.


Reducing Guardianship From the Guardian’s Perspective

Guardians sometimes worry that seeking reduction will be seen as failure. That concern is misplaced.

A guardian who acknowledges improvement and supports restoration of rights demonstrates responsibility and good faith. Florida courts respect guardians who put the ward’s interests first.

When I represent guardians, I help them:

  • Document progress accurately
  • Recommend appropriate safeguards
  • Propose structured reductions
  • Maintain court confidence

Reduction can reduce conflict and court oversight while still protecting the ward.


How to File a Petition to Reduce a Guardianship in Florida

The process typically includes:

  1. Filing a petition for modification
  2. Providing evidence of improved capacity
  3. Requesting specific rights to be restored
  4. Notifying interested parties
  5. Attending a hearing

Unlike termination, reduction does not require proof that the ward can manage everything independently. It requires proof that some rights can be safely returned.


What Happens If Family Members Disagree About Reduction

Family disagreement is common. One relative may believe reduction is overdue, while another fears increased risk.

Orlando judges evaluate facts, not family politics. The court weighs evidence and decides based on the ward’s best interests. My job is to present clear, neutral proof that addresses safety concerns while respecting autonomy.


Reduction Versus Termination: Choosing the Right Path

Termination restores all rights. Reduction restores some rights.

Termination may be appropriate when:

  • The ward has fully regained capacity
  • No ongoing supervision is needed
  • Less restrictive options are already in place

Reduction may be appropriate when:

  • Some risks remain
  • Support is still beneficial
  • Independence can increase gradually

Florida law allows courts to adjust guardianship in stages. That flexibility protects everyone involved.


Why Courts Often Prefer Reduction Over Removal

Reduction offers balance. It avoids sudden transitions that may destabilize the ward while still honoring progress.

Judges understand that recovery and aging are not linear. A reduced guardianship can be adjusted again if circumstances change. This flexibility is one of the strengths of Florida’s guardianship system.


Why Choose Attorney Beryl Thompson-McClary

Clients work with me because I approach guardianship modification with clarity and fairness. I do not push termination when reduction is more appropriate, and I do not resist reduction when independence can safely increase.

When you work with me, you receive:

  • Representation informed by both sides of guardianship cases
  • Clear explanations of Florida law
  • Evidence-based advocacy
  • Respect for the ward’s dignity
  • Practical solutions that courts support

To schedule a consultation, call 1-888-640-2999. I represent clients throughout Orlando and Orange County, Florida.


Florida Guardianship Change Frequently Asked Questions

Can a Florida guardianship be changed without ending it completely?
Yes. Florida law allows guardianship to be modified so that only certain rights remain under supervision. Courts recognize that a person’s abilities can change over time. Reduction allows the court to restore specific rights while keeping protections in place where they are still needed.

What rights are most commonly restored when guardianship is reduced?
Commonly restored rights include the ability to make certain medical decisions, manage limited funds, choose daily activities, and participate in social relationships. The court restores rights that the ward can exercise safely based on current evidence.

Does the ward have to prove full capacity to reduce guardianship?
No. Reduction does not require proof of full capacity. The ward must show the ability to handle specific decisions. This lower threshold makes reduction more accessible than full termination.

Can a guardian request reduction of their own authority?
Yes. Guardians may request modification when they believe the ward has improved. Courts generally view this positively, especially when supported by medical evidence and a structured plan.

What happens if someone opposes reducing the guardianship?
Opposition does not automatically block reduction. The court reviews evidence from all sides and decides based on the ward’s best interests. Judges often reduce guardianship even when family members disagree.

How long does the reduction process take in Orlando?
Timelines vary. Some modification requests are resolved in a few months, while others take longer if evaluations are required. Clear evidence and focused requests tend to move faster.

Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you believe a Florida guardianship should be reduced instead of removed, or if you need guidance on how to protect a loved one while restoring independence, I am ready to help. I represent clients throughout Orlando and Orange County, Florida. Call 1-888-640-2999 to schedule a consultation.

How Fast Can an Orlando Judge Grant Emergency Guardianship in Florida?

What Families and Seniors in Orange County Need to Know When Time Is Critical

Orlando is a city built on families, retirees, and multi-generational households. Many older adults choose to live here because of access to healthcare, supportive communities, and proximity to loved ones. When something suddenly goes wrong with an elderly family member—an accident, a medical crisis, suspected exploitation, or a rapid cognitive decline—families often ask me the same urgent question: How fast can an Orlando judge grant emergency guardianship in Florida?

I am Beryl Thompson-McClary, and as a Guardianship Attorney in Orlando, I handle emergency and contested guardianship matters throughout Orlando and Orange County. I represent families who believe immediate court intervention is necessary, and I also represent seniors and loved ones who believe an emergency guardianship is being used too aggressively or without proper justification. Because I assist people on both sides of these cases, I approach emergency guardianship with care, urgency, and respect for Florida law.

If you are facing a guardianship crisis or believe an emergency petition is being filed improperly, you can schedule a consultation by calling 1-888-640-2999. I handle these matters throughout Orange County, Florida.


What Emergency Guardianship Means Under Florida Law

Emergency guardianship is not the same as a standard guardianship. Under Florida law, it is intended to be temporary, fast-acting, and limited in scope. The governing statute is Florida Statute §744.3031, which allows a court to appoint an emergency temporary guardian when there is an imminent danger that the person’s physical or mental health or property will be harmed.

This form of guardianship exists because waiting weeks or months for a standard guardianship hearing can expose a vulnerable person to serious harm. However, because emergency guardianship can temporarily strip an adult of important rights without the usual procedural steps, Florida courts treat these petitions with caution.

As your Orlando Guardianship Attorney, my responsibility is to ensure that emergency petitions are supported by real evidence—and, when I am defending against one, to make sure the court understands when the legal standard has not been met.


How Fast Can an Orlando Judge Act on an Emergency Guardianship Petition?

The short answer is that an Orlando judge can act very quickly, sometimes within 24 to 72 hours, depending on the facts and the quality of the evidence presented.

In true emergencies, a judge may review the petition the same day it is filed. If the court believes the allegations show immediate risk, the judge can issue an order appointing an emergency temporary guardian before a full hearing takes place.

That speed is intentional. Florida law recognizes that delaying action could allow:

  • Financial accounts to be drained
  • Property to be sold or transferred improperly
  • Medical decisions to be ignored
  • Physical safety to be compromised

At the same time, speed does not eliminate legal safeguards. The court still requires sworn allegations, supporting documentation, and a clear explanation of why no lesser option will prevent harm.


What Qualifies as an “Emergency” in Florida Guardianship Cases

Not every difficult situation qualifies as an emergency. Florida judges look for evidence of immediate and substantial risk. Common scenarios that may justify emergency guardianship include:

  • A sudden medical crisis leaving a person unable to consent to treatment
  • Evidence of ongoing financial exploitation or fraud
  • A caregiver abandoning an elderly person
  • A senior wandering, refusing care, or placing themselves in danger
  • Abrupt cognitive decline following a stroke or injury

Family disagreements alone do not qualify. Poor decision-making does not automatically qualify. The court wants to know what harm will occur right now if no action is taken.

When I prepare emergency petitions, I focus on facts, timelines, and documentation. When I defend against them, I carefully analyze whether the alleged danger is truly immediate or whether it has been exaggerated.


The Legal Requirements Under Florida Statute §744.3031

Florida Statute §744.3031 sets out specific conditions that must be met before an emergency temporary guardian can be appointed. The petition must show:

  1. That the person appears to be incapacitated
  2. That there is an imminent danger to the person’s health, safety, or property
  3. That no less restrictive alternative is sufficient
  4. That the requested authority is limited to addressing the emergency

The statute also limits how long emergency guardianship can last. In most cases, it is capped at 90 days, with a possible extension under narrow circumstances. This ensures the emergency process does not replace the full guardianship evaluation required under Florida law.


What Happens After an Emergency Guardian Is Appointed

Even when an emergency guardian is appointed quickly, the process does not stop there. The court typically schedules further proceedings to determine whether a longer-term solution is necessary.

These steps may include:

  • Appointment of an examining committee
  • Medical and psychological evaluations
  • A hearing on incapacity
  • Review of alternatives such as power of attorney or healthcare surrogates

Emergency guardianship is meant to stabilize the situation—not to permanently resolve it. As an Orlando Guardianship Attorney, I remain involved after the initial order to protect my client’s interests during the next phase of the case.


When Emergency Guardianship Is the Right Tool

I represent many families who are genuinely trying to protect someone they love. In those cases, emergency guardianship can prevent irreversible harm.

For example, I have seen cases where a senior was actively wiring money to scammers, refusing medical treatment for life-threatening conditions, or being manipulated by someone with access to their finances. In those situations, waiting for a standard guardianship would have allowed serious damage to occur.

Emergency guardianship gives the court a way to pause the crisis and restore order while a fuller evaluation takes place.


When Emergency Guardianship Goes Too Far

I also represent individuals who are shocked to learn that someone has asked the court to take control of their lives on an emergency basis. In some cases, the petition is based on fear rather than facts. In others, it is driven by family conflict, financial motives, or misunderstanding.

Florida law does not allow emergency guardianship simply because someone disagrees with an elderly person’s choices. Adults retain the right to make decisions—even risky ones—unless they truly lack capacity.

When defending against emergency petitions, I focus on:

  • Whether the alleged danger is truly imminent
  • Whether alternatives already exist
  • Whether the petition overstates isolated incidents
  • Whether the requested authority is broader than necessary

Judges take these objections seriously, especially when supported by evidence.


How Orlando Judges Balance Speed and Due Process

Emergency guardianship cases place judges in a difficult position. They must act fast enough to prevent harm while still respecting individual rights. Orlando judges often ask detailed questions, even during expedited review, because they understand the consequences of emergency orders.

As someone who appears regularly in Orange County guardianship matters, I know what courts expect. I prepare petitions and defenses that address those concerns directly rather than relying on emotion alone.


How I Help Clients on Both Sides of Emergency Guardianship Cases

When families contact me seeking emergency guardianship, I help them:

  • Evaluate whether the legal standard is met
  • Gather medical and financial documentation
  • Prepare clear, sworn petitions
  • Request only the authority truly needed
  • Prepare for follow-up hearings

When seniors or loved ones contact me in opposition, I help them:

  • Understand their rights under Florida law
  • Challenge unsupported allegations
  • Present alternatives to guardianship
  • Limit the scope of emergency orders
  • Seek termination when the crisis passes

My role is not to escalate conflict, but to make sure the court has accurate information and that the law is applied correctly.


Why Choose Attorney Beryl Thompson-McClary for Emergency Guardianship Matters

Clients work with me because I bring balance, preparation, and courtroom experience to these high-pressure cases. I understand how quickly emergency situations unfold, and I also understand the long-term impact these orders can have on a person’s life.

I handle emergency guardianship matters throughout Orlando and Orange County, and I remain accessible to my clients when time truly matters. If you are facing an urgent guardianship issue, you can schedule a consultation by calling 1-888-640-2999.


Frequently Asked Questions About Emergency Guardianship in Orlando

How quickly can an emergency guardianship be granted in Orlando?
In serious situations, an Orlando judge can review and grant an emergency guardianship within a matter of days, and sometimes sooner. The timeline depends on how clearly the petition shows immediate danger and whether supporting documentation is provided. Courts move faster when there is evidence of active harm, such as financial exploitation or urgent medical risk.

Does an emergency guardianship mean the person has no rights?
No. Emergency guardianship is limited and temporary. The court removes only the rights necessary to address the immediate danger. Other rights remain intact unless and until a full incapacity hearing takes place. Florida law requires the least restrictive approach possible, even in emergencies.

Can emergency guardianship be challenged after it is granted?
Yes. The person subject to the order, or other interested parties, can challenge the appointment. Judges expect emergency guardianship to be closely reviewed once the immediate crisis stabilizes. I frequently assist clients in seeking modification or termination when the emergency no longer exists.

What evidence does the court look for in emergency cases?
Judges look for recent, specific evidence of harm. This may include medical records, financial statements, police reports, or sworn testimony. General concerns or past incidents without current risk usually are not enough. The court wants to understand what will happen if it does nothing.

How long does emergency guardianship last in Florida?
Emergency guardianship is typically limited to 90 days. The court may extend it under narrow circumstances, but it is not intended to be permanent. During that time, the court evaluates whether a standard guardianship or alternative arrangement is appropriate.

Do I need a lawyer for an emergency guardianship case?
Emergency guardianship moves quickly and carries serious consequences. Whether you are requesting protection or defending your rights, legal representation helps ensure the court hears accurate, well-supported arguments. Because these cases often shape what happens next, early legal guidance can make a significant difference.


Contact Orlando Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you are facing an emergency guardianship issue in Orlando or anywhere in Orange County, Florida, I encourage you to speak with me as soon as possible. These situations move fast, and clear legal guidance can protect both safety and individual rights.

Orlando Adult Guardianship Attorney

Supporting Families in Orlando and Beyond

Living in Orlando means enjoying a vibrant community with diverse resources. However, families caring for adults with special needs often face unique challenges, particularly when it comes to ensuring the well-being and legal protection of their loved ones. For those navigating the complexities of guardianship, I’m here to provide personalized legal assistance. My name is Beryl Thompson-McClary, and I’ve been helping families in Orange County and across Florida for years. With my guidance, you can confidently address guardianship matters while prioritizing the best interests of your loved one.

If you’re considering legal guardianship for an adult with special needs, I can help you understand your options, handle the legal processes, and provide peace of mind. Call me for an initial consultation at 1-888-640-2999 to discuss your situation. Together, we’ll determine the best course of action for your family.


What Is Legal Guardianship?

Legal guardianship is a court-supervised process where a responsible individual or entity is appointed to manage the personal, medical, or financial affairs of someone who cannot make those decisions independently. Under Florida law, guardianship is often necessary for adults with developmental disabilities, mental health conditions, or cognitive impairments that prevent them from making informed decisions.

Florida Statutes define guardianship under Chapter 744, which governs the appointment and responsibilities of guardians. These laws ensure that adults with special needs receive the protection they require while safeguarding their legal rights. As your attorney, I’ll ensure your guardianship case complies with these statutes and prioritizes the well-being of your loved one.


Types of Guardianship in Florida

Florida offers several types of guardianship, depending on the individual’s needs and circumstances. Understanding these options is essential to choosing the right one:

  • Plenary Guardianship: This type grants the guardian full control over the individual’s personal, financial, and legal decisions. It’s typically reserved for cases where the individual cannot make any decisions independently.
  • Limited Guardianship: This arrangement allows the individual to retain certain rights and responsibilities, while the guardian oversees specific areas of their life.
  • Guardian Advocacy: Designed for adults with developmental disabilities, this option does not require a formal finding of incapacity. It provides a streamlined process to appoint a guardian advocate without completely removing the individual’s rights.

During our consultation, I’ll explain these options in detail and help you determine which one aligns best with your loved one’s needs.


Florida Statutory Requirements for Guardianship

Florida law requires a court to determine that guardianship is necessary before appointing a guardian. Chapter 744 of the Florida Statutes outlines the steps involved:

  1. Petition for Incapacity: A family member or interested party files this petition, requesting the court to evaluate the individual’s capacity.
  2. Examination Committee: The court appoints a panel of experts, including a physician, to assess the individual’s mental and physical condition.
  3. Court Hearing: The court reviews the findings and determines whether guardianship is necessary. If so, it appoints a suitable guardian.

The guardian’s responsibilities are clearly defined, including providing annual reports and managing the individual’s affairs with integrity. As your attorney, I’ll ensure these steps are followed thoroughly and efficiently.


Why Guardianship Matters

Guardianship provides essential protections for adults who cannot care for themselves. Without it, families may struggle to make critical decisions regarding medical care, living arrangements, and finances. Florida courts prioritize the best interests of the individual, ensuring that guardianship is only granted when absolutely necessary. For families, this process provides peace of mind, knowing their loved one’s needs are legally safeguarded.


The Role of an Attorney in Guardianship Cases

Handling a guardianship case without legal guidance can be overwhelming. As your attorney, I’ll take the lead in managing every aspect of the process, including:

  • Preparing and filing all necessary petitions
  • Representing you during court hearings
  • Ensuring compliance with Florida’s statutory requirements
  • Advising on alternatives to guardianship, such as power of attorney or healthcare surrogates, when appropriate

Choosing me means choosing a dedicated advocate who understands the emotional and legal complexities involved in these cases. My goal is to make this process as straightforward and stress-free as possible for your family.


How I Help Families Across Orange County

From my office in Orlando, I’ve assisted countless families in achieving favorable outcomes in guardianship cases. My approach is client-focused, ensuring that your loved one’s needs remain at the forefront of every decision. Whether you’re initiating a guardianship case or addressing a dispute, I’ll be by your side to guide you through the process.

To get started, call me for an initial consultation at 1-888-640-2999. Together, we’ll develop a strategy tailored to your unique situation.


FAQs About Legal Guardianship in Florida

What is the difference between plenary guardianship and limited guardianship?

Plenary guardianship gives the guardian full authority over all aspects of the individual’s life, including medical, financial, and legal decisions. Limited guardianship, on the other hand, allows the individual to retain some decision-making rights while the guardian oversees specific areas. The choice depends on the individual’s capacity and needs. I’ll help you determine which option is best for your family.

What is Guardian Advocacy, and who is eligible for it?

Guardian Advocacy is a simplified form of guardianship for adults with developmental disabilities, such as autism or Down syndrome. Unlike traditional guardianship, it does not require a finding of incapacity. This option allows families to protect their loved one’s interests while respecting their independence. I’ll guide you through the process to ensure compliance with Florida law.

Do I need an attorney to file for guardianship in Florida?

While it’s not legally required, having an attorney is highly recommended. Guardianship cases involve complex legal procedures, including petitions, hearings, and compliance with statutory requirements. I’ll handle the legal complexities so you can focus on your loved one’s well-being.

How long does the guardianship process take in Florida?

The timeline varies depending on the complexity of the case. On average, it can take a few months to complete the process. Factors such as court schedules, the need for expert evaluations, and the type of guardianship sought can influence the duration. During our consultation, I’ll provide a realistic timeline based on your circumstances.

Can guardianship be contested?

Yes, guardianship can be contested by family members or other interested parties. Common reasons include disputes over the individual’s capacity or disagreements about who should serve as guardian. If your case involves a dispute, I’ll provide strong representation to protect your interests and those of your loved one.

What responsibilities does a guardian have under Florida law?

Guardians are required to act in the best interests of the individual, managing their affairs responsibly and ethically. This includes filing annual reports, making decisions aligned with the individual’s needs, and complying with court orders. I’ll help you understand these responsibilities and ensure you’re fully prepared for the role.

Are there alternatives to guardianship?

Yes, alternatives such as power of attorney, healthcare surrogates, or trust arrangements may be appropriate in some cases. These options are less restrictive and can provide the necessary support without involving the court. I’ll assess your situation and recommend the best course of action.

How much does it cost to establish guardianship in Florida?

Costs can vary depending on the complexity of the case, court fees, and the need for expert evaluations. During our consultation, I’ll provide a clear estimate of the expenses involved and discuss payment options to make the process manageable for your family.


Call Attorney Beryl Thompson-McClary Today

Protecting the well-being of your loved one is a priority, and I’m here to help you through every step of the guardianship process. Contact me, Beryl Thompson-McClary, at 1-888-640-2999 for an initial consultation. Let’s work together to ensure the best outcome for your family.

Beryl Thompson-McClary
390 N Orange Ave #2300
Orlando, FL 32801
Phone: 1-888-640-2999