Senate Bill 0420

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    Florida Senate - 1998                                   SB 420

    By Senator Holzendorf





    2-569-98                                                See HB

  1                      A bill to be entitled

  2         An act relating to firearms; amending s.

  3         790.001, F.S.; defining the term "locking

  4         device"; amending s. 790.174, F.S.; providing

  5         that a locking device may be used for the

  6         purpose of lawfully storing a firearm within

  7         access of a minor, as defined; requiring a

  8         person to secure a firearm with a locking

  9         device under specified circumstances when the

10         firearm is left or stored on premises where

11         such minor resides; providing penalties for

12         failure to store or leave the firearm in the

13         required manner, under specified circumstances;

14         creating s. 790.0657, F.S., relating to

15         purchase and delivery of handguns; providing

16         definitions; prohibiting a person who is not a

17         licensed firearms dealer from purchasing more

18         than one handgun within a 30-day period;

19         providing penalties; providing exceptions to

20         the limitation on the number of handguns

21         purchasable by nondealers within the 30-day

22         period; providing for special application

23         procedures under exceptional circumstances;

24         providing duties of the Department of Law

25         Enforcement and prospective purchasers;

26         providing for adoption of rules; providing for

27         nonapplicability of specified provisions to

28         certain persons or entities authorized or

29         licensed to perform law enforcement,

30         correctional, or private security duties;

31         providing for nonapplicability of the

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1         provisions to purchase of antique firearms or

  2         to replacement of stolen or lost handguns;

  3         providing an effective date.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Subsection (19) is added to section

  8  790.001, Florida Statutes, to read:

  9         790.001  Definitions.--As used in this chapter, except

10  where the context otherwise requires:

11         (19)  "Locking device" means a device that when

12  installed on a firearm and secured by means of a key or a

13  mechanically or electronically operated combination lock

14  prevents the firearm from being discharged without first

15  deactivating or removing the device by means of a key or a

16  mechanically or electronically operated combination lock.

17         Section 2.  Section 790.174, Florida Statutes, is

18  amended to read:

19         790.174  Safe storage of firearms required.--

20         (1)  A person who stores or leaves, on a premise under

21  his or her control, a loaded firearm, as defined in s.

22  790.001, and who knows or reasonably should know that a minor

23  is likely to gain access to the firearm without the lawful

24  permission of the minor's parent or the person having charge

25  of the minor, or without the supervision required by law,

26  shall keep the firearm in a securely locked box or container

27  or in a location that which a reasonable person would believe

28  to be secure or shall secure it with a trigger lock or a

29  locking device, except when the person is carrying the firearm

30  on his or her body or within such close proximity thereto that

31  he or she can retrieve and use it as easily and quickly as if

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1  he or she carried it on his or her body. However, if the

  2  person stores or leaves the firearm on any premises where the

  3  person knows or reasonably should know that a minor is

  4  temporarily or permanently residing, the person must in all

  5  cases secure the firearm with an activated locking device, in

  6  addition to keeping the firearm in a secure location, except

  7  when the person is carrying the firearm on his or her body or

  8  within such close proximity thereto that he or she can

  9  retrieve it and use it as easily and quickly as if he or she

10  carried it on his or her body.

11         (2)  It is a misdemeanor of the second degree,

12  punishable as provided in s. 775.082 or s. 775.083, if a

13  person violates subsection (1) by failing to store or leave a

14  firearm in the required manner and as a result thereof a minor

15  gains access to the firearm, without the lawful permission of

16  the minor's parent or the person having charge of the minor,

17  and possesses or exhibits it, without the supervision required

18  by law:

19         (a)  In a public place; or

20         (b)  In a rude, careless, angry, or threatening manner

21  in violation of s. 790.10.

22

23  This subsection does not apply if the minor obtains the

24  firearm as a result of an unlawful entry by any person.

25         (3)  As used in this act, the term "minor" means any

26  person under the age of 16.

27         Section 3.  Section 790.0657, Florida Statutes, is

28  created to read:

29         790.0657  Purchase and delivery of handguns; purchase

30  limited to one handgun per 30 days; exceptions; penalties.--

31         (1)  As used in this section, the term:

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1         (a)  "Handgun" means a firearm capable of being carried

  2  and used by one hand, such as a pistol or revolver.

  3         (b)  "Purchase" means the transfer of money or other

  4  valuable consideration to a retailer, as defined in s.

  5  790.0655, except that the term "purchase" as used in this

  6  section does not include the exchange or replacement of a

  7  handgun by a retailer for a handgun purchased from such

  8  retailer by the same person seeking the exchange or

  9  replacement within the 30-day period immediately preceding the

10  date of exchange or replacement. The term "purchase" as used

11  in this section includes, but is not limited to, lawful

12  purchases pursuant to s. 790.065 of more than one handgun

13  within a 30-day period, by a person who is not a licensed

14  firearms dealer.

15         (2)  Except as provided in this section, it is unlawful

16  for any person who is not a licensed firearms dealer to

17  purchase more than one handgun within any 30-day period. Any

18  person who violates this subsection commits a misdemeanor of

19  the first degree, punishable as provided in s. 775.082 or s.

20  775.083.

21         (a)  Purchases in excess of one handgun within a 30-day

22  period may be made upon completion of a criminal history

23  record check, as required by s. 790.065, by special

24  application to the Department of Law Enforcement listing the

25  number and type of handguns to be purchased and transferred

26  for lawful business or personal use, in a collector series,

27  for collections, as a bulk purchase from estate sales, and for

28  similar purposes. Such applications shall be signed under oath

29  by the applicant on forms provided by the Department of Law

30  Enforcement, shall state the purpose for the purchase above

31  the limit, and shall require satisfactory proof of residency

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1  and identity.  Such application shall be in addition to the

  2  firearms sales report required by the Federal Bureau of

  3  Alcohol, Tobacco and Firearms.  The executive director of the

  4  Department of Law Enforcement shall adopt rules for the

  5  implementation of an application process for purchases of

  6  handguns above the limit.  Upon being satisfied that these

  7  requirements have been met, the Department of Law Enforcement

  8  shall forthwith issue to the applicant a nontransferable

  9  certificate which shall be valid for 7 days from the date of

10  issue.  The certificate shall be surrendered to the dealer by

11  the prospective purchaser prior to the consummation of such

12  sale and shall be kept on file at the dealer's place of

13  business for inspection for a period of not less than 2 years.

14  Upon request of any local law enforcement agency, and pursuant

15  to its regulations, the department may certify such local law

16  enforcement agency to serve as its agent to receive

17  applications and, upon authorization by the department, issue

18  certificates pursuant to this section.  Applications and

19  certificates issued under this section shall be maintained as

20  records as provided in s. 790.065.

21         (b)  The provisions of this section do not apply to:

22         1.  A law enforcement agency;

23         2.  An agency duly authorized to perform law

24  enforcement duties;

25         3.  State and local correctional facilities;

26         4.  A private security agency licensed to do business

27  within the state;

28         5.  The purchase of antique firearms as defined by s.

29  790.001(1); or

30         6.  A person whose handgun is stolen or irretrievably

31  lost who deems it essential that such handgun be replaced

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1  immediately.  Such person may purchase another handgun, even

  2  if the person has previously purchased a handgun within a

  3  30-day period, provided:

  4         (I)  The person provides the firearms dealer with a

  5  copy of the official police report or a summary thereof, on

  6  forms provided by the Department of Law Enforcement, from the

  7  law enforcement agency that took the report of the lost or

  8  stolen handgun;

  9         (II)  The official police report or summary thereof

10  contains the name and address of the handgun owner, the

11  description of the handgun, the location of the loss or theft,

12  the date of the loss or theft, and the date the loss or theft

13  was reported to the law enforcement agency; and

14         (III)  The date of the loss or theft as shown on the

15  official police report or summary thereof occurred within 30

16  days of the person's attempt to replace the handgun.  The

17  firearms dealer shall attach a copy of the official police

18  report or summary thereof to the original copy of the firearms

19  transaction report completed for the transaction and retain it

20  for the period prescribed by the Department of Law

21  Enforcement.

22         Section 4.  Section 790.065, Florida Statutes, reads:

23         790.065  Sale and delivery of firearms.--

24         (1)  No licensed importer, licensed manufacturer, or

25  licensed dealer shall sell or deliver from her or his

26  inventory at her or his licensed premises any firearm to

27  another person, other than a licensed importer, licensed

28  manufacturer, licensed dealer, or licensed collector, until

29  she or he has:

30         (a)  Obtained a completed form from the potential buyer

31  or transferee, which form shall have been promulgated by the

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1  Department of Law Enforcement and provided by the licensed

  2  importer, licensed manufacturer, or licensed dealer, which

  3  shall include the name, date of birth, gender, race, and

  4  social security number or other identification number of such

  5  potential buyer or transferee and has inspected proper

  6  identification including an identification containing a

  7  photograph of the potential buyer or transferee.

  8         (b)  Collected a fee from the potential buyer for

  9  processing the criminal history check of the potential buyer.

10  The fee shall be $8.  The Department of Law Enforcement shall,

11  by rule, establish procedures for the fees to be transmitted

12  by the licensee to the Department of Law Enforcement. All such

13  fees shall be deposited into the Department of Law Enforcement

14  Operating Trust Fund, but shall be segregated from all other

15  funds deposited into such trust fund and must be accounted for

16  separately.  Such segregated funds must not be used for any

17  purpose other than the operation of the criminal history

18  checks required by this section. The Department of Law

19  Enforcement, each year prior to February 1, shall make a full

20  accounting of all receipts and expenditures of such funds to

21  the President of the Senate, the Speaker of the House of

22  Representatives, the majority and minority leaders of each

23  house of the Legislature, and the chairs of the appropriations

24  committees of each house of the Legislature.  In the event

25  that the cumulative amount of funds collected exceeds the

26  cumulative amount of expenditures by more than $2.5 million,

27  excess funds may be used for the purpose of purchasing soft

28  body armor for law enforcement officers.

29         (c)  Requested, by means of a toll-free telephone call,

30  the Department of Law Enforcement to conduct a check of the

31  information as reported and reflected in the Florida Crime

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1  Information Center and National Crime Information Center

  2  systems as of the date of the request.

  3         (d)  Received a unique approval number for that inquiry

  4  from the Department of Law Enforcement, and recorded the date

  5  and such number on the consent form.

  6

  7  However, if the person purchasing, or receiving delivery of,

  8  the firearm is a holder of a valid concealed weapons or

  9  firearms license pursuant to the provisions of s. 790.06 or

10  holds an active certification from the Criminal Justice

11  Standards and Training Commission as a "law enforcement

12  officer," a "correctional officer," or a "correctional

13  probation officer" as defined in s. 943.10(1), (2), (3), (6),

14  (7), (8), or (9), the provisions of this subsection do not

15  apply.

16         (2)  Upon receipt of a request for a criminal history

17  record check, the Department of Law Enforcement shall, during

18  the licensee's call or by return call, forthwith:

19         (a)  Review criminal history records to determine if

20  the potential buyer or transferee has been convicted of a

21  felony and is prohibited from receipt or possession of a

22  firearm pursuant to s. 790.23 or has had adjudication of guilt

23  withheld or imposition of sentence suspended on any felony

24  unless 3 years have elapsed since probation or any other

25  conditions set by the court have been fulfilled or expunction

26  has occurred.

27         (b)  Inform the licensee making the inquiry either that

28  records demonstrate that the buyer or transferee is so

29  prohibited and provide the licensee a nonapproval number, or

30  provide the licensee with a unique approval number.

31

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1         (c)1.  Review any records available to it to determine

  2  whether the potential buyer or transferee has been indicted or

  3  has had an information filed against her or him for an offense

  4  that is a felony under either state or federal law, or, as

  5  mandated by federal law, has had an injunction for protection

  6  against domestic violence entered against the potential buyer

  7  or transferee under s. 741.30, has had an injunction for

  8  protection against repeat violence entered against the

  9  potential buyer or transferee under s. 784.046, or has been

10  arrested for a dangerous crime as specified in s.

11  907.041(4)(a) or for any of the following enumerated offenses:

12         a.  Criminal anarchy under ss. 876.01 and 876.02.

13         b.  Extortion under s. 836.05.

14         c.  Explosives violations under s. 552.22(1) and (2).

15         d.  Controlled substances violations under chapter 893.

16         e.  Resisting an officer with violence under s. 843.01.

17         f.  Weapons and firearms violations under this chapter.

18         g.  Treason under s. 876.32.

19         h.  Assisting self-murder under s. 782.08.

20         i.  Sabotage under s. 876.38.

21         j.  Stalking or aggravated stalking under s. 784.048.

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23  If the review indicates any such indictment, information, or

24  arrest, the department shall provide to the licensee a

25  conditional nonapproval number.

26         2.  Within 24 working hours, the department shall

27  determine the disposition of the indictment, information, or

28  arrest and inform the licensee as to whether the potential

29  buyer is prohibited from receiving or possessing a firearm.

30  For purposes of this paragraph, "working hours" means the

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1  hours from 8 a.m. to 5 p.m. Monday through Friday, excluding

  2  legal holidays.

  3         3.  The office of the clerk of court, at no charge to

  4  the department, shall respond to any department request for

  5  data on the disposition of the indictment, information, or

  6  arrest as soon as possible, but in no event later than 8

  7  working hours.

  8         4.  The department shall determine as quickly as

  9  possible within the allotted time period whether the potential

10  buyer is prohibited from receiving or possessing a firearm.

11         5.  If the potential buyer is not so prohibited, or if

12  the department cannot determine the disposition information

13  within the allotted time period, the department shall provide

14  the licensee with a conditional approval number.

15         6.  If the buyer is so prohibited, the conditional

16  nonapproval number shall become a nonapproval number.

17         7.  The department shall continue its attempts to

18  obtain the disposition information and may retain a record of

19  all approval numbers granted without sufficient disposition

20  information.  If the department later obtains disposition

21  information which indicates:

22         a.  That the potential buyer is not prohibited from

23  owning a firearm, it shall treat the record of the transaction

24  in accordance with this section; or

25         b.  That the potential buyer is prohibited from owning

26  a firearm, it shall immediately revoke the conditional

27  approval number and notify local law enforcement.

28         8.  During the time that disposition of the indictment,

29  information, or arrest is pending and until the department is

30  notified by the potential buyer that there has been a final

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1  disposition of the indictment, information, or arrest, the

  2  conditional nonapproval number shall remain in effect.

  3         (3)  In the event of scheduled computer downtime,

  4  electronic failure, or similar emergency beyond the control of

  5  the Department of Law Enforcement, the department shall

  6  immediately notify the licensee of the reason for, and

  7  estimated length of, such delay.  After such notification, the

  8  department shall forthwith, and in no event later than the end

  9  of the next business day of the licensee, either inform the

10  requesting licensee if its records demonstrate that the buyer

11  or transferee is prohibited from receipt or possession of a

12  firearm pursuant to Florida and Federal law or provide the

13  licensee with a unique approval number. Unless notified by the

14  end of said next business day that the buyer or transferee is

15  so prohibited, and without regard to whether she or he has

16  received a unique approval number, the licensee may complete

17  the sale or transfer and shall not be deemed in violation of

18  this section with respect to such sale or transfer.

19         (4)(a)  Any records containing any of the information

20  set forth in subsection (1) pertaining to a buyer or

21  transferee who is not found to be prohibited from receipt or

22  transfer of a firearm by reason of Florida and federal law

23  which records are created by the Department of Law Enforcement

24  to conduct the criminal history record check shall be

25  confidential and exempt from the provisions of s. 119.07(1)

26  and may not be disclosed by the Department of Law Enforcement

27  or any officer or employee thereof to any person or to another

28  agency. The Department of Law Enforcement shall destroy any

29  such records forthwith after it communicates the approval and

30  nonapproval numbers to the licensee and, in any event, such

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1  records shall be destroyed within 48 hours after the day of

  2  the response to the licensee's request.

  3         (b)  Notwithstanding the provisions of this subsection,

  4  the Department of Law Enforcement may maintain records of NCIC

  5  transactions to the extent required by the Federal Government,

  6  and may maintain a log of dates of requests for criminal

  7  history records checks, unique approval and nonapproval

  8  numbers, license identification numbers, and transaction

  9  numbers corresponding to such dates for a period of not longer

10  than 2 years or as otherwise required by law.

11         (c)  Nothing in this chapter shall be construed to

12  allow the State of Florida to maintain records containing the

13  names of purchasers or transferees who receive unique approval

14  numbers or to maintain records of firearm transactions.

15         (d)  Any officer or employee, or former officer or

16  employee of the Department of Law Enforcement or law

17  enforcement agency who intentionally and maliciously violates

18  the provisions of this subsection commits a felony of the

19  third degree punishable as provided in s. 775.082 or s.

20  775.083.

21         (5)  The Department of Law Enforcement shall establish

22  a toll-free telephone number which shall be operational 7 days

23  a week with the exception of Christmas Day and New Year's Day,

24  for a period of 12 hours a day beginning at 9 a.m. and ending

25  at 9 p.m., for purposes of responding to inquiries as

26  described in this section from licensed manufacturers,

27  licensed importers, and licensed dealers.  The Department of

28  Law Enforcement shall employ and train such personnel as are

29  necessary expeditiously to administer the provisions of this

30  section.

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1         (6)  Any person who is denied the right to receive or

  2  purchase a firearm as a result of the procedures established

  3  by this section may request a criminal history records review

  4  and correction in accordance with the rules promulgated by the

  5  Department of Law Enforcement.

  6         (7)  It shall be unlawful for any licensed dealer,

  7  licensed manufacturer, or licensed importer willfully and

  8  intentionally to request criminal history record information

  9  under false pretenses, or willfully and intentionally to

10  disseminate criminal history record information to any person

11  other than the subject of such information.  Any person

12  convicted of a violation of this subsection commits a felony

13  of the third degree punishable as provided in s. 775.082 or s.

14  775.083.

15         (8)  The Department of Law Enforcement shall promulgate

16  regulations to ensure the identity, confidentiality, and

17  security of all records and data provided pursuant to this

18  section.

19         (9)  This section shall become effective at such time

20  as the Department of Law Enforcement has notified all licensed

21  importers, licensed manufacturers, and licensed dealers in

22  writing that the procedures and toll-free number described in

23  this section are operational. This section shall remain in

24  effect only during such times as the procedures described in

25  subsection (2) remain operational.

26         (10)  A licensed importer, licensed manufacturer, or

27  licensed dealer is not required to comply with the

28  requirements of this section in the event of:

29         (a)  Unavailability of telephone service at the

30  licensed premises due to the failure of the entity which

31  provides telephone service in the state, region, or other

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1  geographical area in which the licensee is located to provide

  2  telephone service to the premises of the licensee due to the

  3  location of said premises; or the interruption of telephone

  4  service by reason of hurricane, tornado, flood, natural

  5  disaster, or other act of God, war, invasion, insurrection,

  6  riot, or other bona fide emergency, or other reason beyond the

  7  control of the licensee; or

  8         (b)  Failure of the Department of Law Enforcement to

  9  comply with the requirements of subsections (2) and (3).

10         (11)  Compliance with the provisions of this chapter

11  shall be a complete defense to any claim or cause of action

12  under the laws of any state for liability for damages arising

13  from the importation or manufacture, or the subsequent sale or

14  transfer to any person who has been convicted in any court of

15  a crime punishable by imprisonment for a term exceeding 1

16  year, of any firearm which has been shipped or transported in

17  interstate or foreign commerce.  The Department of Law

18  Enforcement, its agents and employees shall not be liable for

19  any claim or cause of action under the laws of any state for

20  liability for damages arising from its actions in lawful

21  compliance with this section.

22         (12)(a)  Any potential buyer or transferee who

23  willfully and knowingly provides false information or false or

24  fraudulent identification commits a felony of the third degree

25  punishable as provided in s. 775.082 or s. 775.083.

26         (b)  Any licensed importer, licensed manufacturer, or

27  licensed dealer who violates the provisions of subsection (1)

28  commits a felony of the third degree punishable as provided in

29  s. 775.082 or s. 775.083.

30         (c)  Any employee or agency of a licensed importer,

31  licensed manufacturer, or licensed dealer who violates the

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1  provisions of subsection (1) commits a felony of the third

  2  degree punishable as provided in s. 775.082 or s. 775.083.

  3         (d)  Any person who knowingly acquires a firearm

  4  through purchase or transfer intended for the use of a person

  5  who is prohibited by state or federal law from possessing or

  6  receiving a firearm commits a felony of the third degree,

  7  punishable as provided in s. 775.082 or s. 775.083.

  8         (13)  This section does not apply to employees of

  9  sheriff's offices, municipal police departments, correctional

10  facilities or agencies, or other criminal justice or

11  governmental agencies when the purchases or transfers are made

12  on behalf of an employing agency for official law enforcement

13  purposes.

14         Section 5.  This act shall take effect October 1 of the

15  year in which enacted.

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    Florida Senate - 1998                                   SB 420
    2-569-98                                                See HB




  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Defines the term "locking device" with respect to
  4    specified provisions relating to firearms. Provides that
      a locking device may be used for the purpose of lawfully
  5    storing a firearm within access of a minor under a
      specified age. Requires a person to secure a firearm with
  6    a locking device under specified circumstances when the
      firearm is left or stored on premises where a minor
  7    resides. Provides penalties for failure to store or leave
      the firearm in the required manner, under specified
  8    circumstances.

  9
      Prohibits a person who is not a licensed firearms dealer
10    from purchasing more than one handgun within a 30-day
      period.  Provides penalties.  Provides definitions.
11    Provides exceptions to the limitation on the number of
      handguns purchasable by nondealers within the 30-day
12    period and provides for special application procedures.
      Prescribes duties of the Department of Law Enforcement
13    and prospective purchasers.  Provides for adoption of
      rules.  Provides for nonapplicability of specified
14    provisions to certain persons or entities authorized or
      licensed to perform law enforcement, correctional, or
15    private security duties, and provides for
      nonapplicability to purchase of antique firearms or
16    replacement of stolen or lost handguns.

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