2001 Legislative Report for Period Ending April 27

Symbol Meaning
Current action
CS Committee Substitute
P Passed both Chambers
W Withdrawn from further consideration

For Period Ending: April 27

SB 382 OGSR/Sealed Bids – Municipal Utilities: Reenacts, without change, s. 119.07(3)(aa), F.S., providing an exemption for records used by a municipally-owned utility to prepare and submit bids relative to the sale, distribution, or use of any service, commodity, or tangible personal property to customers or prospective customers, and stipulating that the exemption does not apply when the contract is executed, a decision is made not to execute such contract, or the project is no longer under active consideration. Identical to HB 385. S. Comprehensive Planning, Local & Military Affairs Committee

  • Senate: Tabled; HB 385 substituted. See HB 385.

HB 385 OGSR/Sealed Bids – Municipal Utilities: Reenacts, without change, s. 119.07(3)(aa), F.S., providing an exemption for records used by a municipally-owned utility to prepare and submit bids relative to the sale, distribution, or use of any service, commodity, or tangible personal property to customers or prospective customers, and stipulating that the exemption does not apply when the contract is executed, a decision is made not to execute such contract, or the project is no longer under active consideration. Identical to SB 382. H. State Administration Committee

  • Senate: Substituted for SB 382. On third reading.

SB 486 OGSR/Qualified Tax Refund Programs: Reenacts and expands the exemption in s. 288.1066, F.S., to also exempt the amount of paid excise taxes on documents; the amount of taxes paid for which the qualified applicant seeks a tax refund; and data concerning the number of jobs created and the wages paid for the jobs by a qualified applicant which are submitted as part of a claim for a tax refund “and as evidence of the achievement of performance items contained in the tax refund agreement.” Requires review under the OGSR Act in 2006. Similar to HB 391. S. Commerce & Economic Opportunities Committee

  • S. Finance & Tax: Reported favorably.

SB 696 Criminal Use of Personal Information: Stipulates that a person who willfully and fraudulently uses personal identification information about another commits a second degree felony if the pecuniary benefit, the value of services received, the payment sought to be avoided, or the amount of injury or fraud perpetrated is more than $75,000. Identical to HB 643. Sen. Skip Campbell (D-Tamarac)

  • S. Criminal Justice: Reported favorably.

CS/SB 714 Citizen’s Right to Honest Government Act: In pertinent part, prohibits the disclosure of active criminal investigative or intelligence information by a “public servant” with the intention of obstructing, impeding, or preventing a criminal investigation or prosecution if the information is not available to the general public and is gained by reason of the public servant’s official position. Also prohibits the disclosure of material information concerning a bid or other aspects of the competitive bidding process when such information is not publicly disclosed, and the concealment, destruction, mutilation, or alteration of any official record or document. Finally, stipulates that a person who provides information regarding suspected criminal violations committed by a public servant shall be considered a confidential informant or confidential source. Similar to HB 3. Sen Jim Sebesta (R-St. Petersburg)

  • S. Criminal Justice: Two minor amendments adopted; reported favorably as a committee substitute.

CS/SB 772 Non-Title IV-D Child Support Enforcement Services: Creates a public records exemption for information identifying recipients of or applicants for non-Title IV-D child support enforcement services provided by a county agency. Similar to HB 599. Sen. Debby Sanderson (R-Ft. Lauderdale)

  • Senate: A floor amendment conforming CS/SB 772 to its House companion is adopted. A second amendment allowing disclosure of the exempt information pursuant to court order is adopted. Passed the Senate as amended.

CS/SB 894 Education Professionals: Creates an exemption for information that would identify applicants for the position of Education Commissioner, state university presidents, and community college presidents. Stipulates that upon nomination, all files, interviews, meetings, appearance and comments of the nominee, but not other candidates, will be open. Also creates and exemption for any meeting or portion of a meeting in which information identifying applicants is discussed. Similar to HB 1535. Sen. Rudy Garcia (R-Hialeah)

  • Senate: Three amendments adopted. As amended, creates an exemption for information that would identify applicants for the position of Education Commissioner, state university presidents, and community college presidents, stipulating that upon selection of three finalists, all files, interviews, meetings, appearances, and comments of the three finalists, but not the other candidates will become public record. Also opens meetings or portions of meeting in which one or more of the finalists is discussed. Stipulates that all records of applicants other than finalists will become publish three years after the application closing date. Rolled to third reading.

CS/HB 1103 Insurer Receivership Records: Creates a public records exemption for specific underwriting files, records that would be privileged against discovery, medical records, non-managerial personnel and payroll records, and claims information identifying an insured, made or received by the Department of Insurance acting as a receiver. Similar to SB 1458. Rep. Anne Gannon (D-Delray Beach)

  • H. State Administration: A minor amendment to the statement of public necessity is adopted; reported favorably with one amendment.

CS/HB 1385 Temporary Assistance Programs: Creates a public meetings exemption for portions of meetings held by the Department of Children and Family Services, the Agency for Workforce Innovation, Workforce Florida, the Department of Management Services, the Department of Health, the Department of Revenue, the Department of Education, a regional workforce board, and service providers of such agencies, at which information identifying individuals who have applied for or are receiving temporary assistance. Also creates a public records exemption for information identifying such individuals held by the same agencies. Specifies when, and under what conditions, such information may be released. Similar to CS/SB 2178. Rep. Arthenia Joyner (D-Tampa)

  • H. State Administration: A “strike everything” amendment making significant technical changes to the bill, and clarifying and narrowing the exemptions, is adopted. Reported favorably as a committee substitute.

HB 1405 Release of Student Records: Amends s. 228.083, F.S., relating to the release of student records and reports, to revise and clarify the lawful release of student records and directory information. Amends the definition of “directory information” to stipulate that the phrase “means information contained in an educational records of a student which would not generally be considered harmful or an invasion of privacy if disclosed,” including the student’s name, address, telephone number, date and place of birth, major field of study, dates of attendance, degrees and awards received, and the most recent previous educational institution attended. Creates a definition of “personally identifiable information”, which includes student’s name, parent’s name, family address, social security number, and other information, including a lists of personal characteristics that would make the student’s identity easily traceable. Prohibits release of student directory information unless the school has received the written consent of the parents. Requires schools that release student directory information to the public to provide written notification to the parent of each student, listing the specific directory information to be released and the person or business who is to receive the information. Allows a parent to prohibit the release of student information under any circumstances. Similar to CS/SB 192. Rep. Donna Clarke (R-Sarasota)

  • H. Council for Lifelong Learning: Reported favorably.

HB 1523 Tobacco Industry Records: Creates a public records exemption for proprietary confidential business information received by the Governor, the Attorney General, or outside counsel representing the State in negotiations for settlement payments pursuant to the tobacco settlement agreement, or received by the Comptroller or the Auditor General for purposes of verifying the settlement payments. Defines “proprietary confidential business information” as trade secrets, confidential Form 10 K information, internal auditing control policies and procedures, reports of internal auditors, financial and marketing information, financial statements, independent auditor report letters, analyses of specific revenue and expense items, and working papers, schedules, analyses, and reconciliations prepared by company personnel for the purpose of clarifying disclosure of revenues. Similar to CS/SB 1562. Rep. Irving Slosberg (D-Boca Raton)

  • H. Fiscal Responsibility Council: Reported favorably.

CS/SB 1560 Internet/Publication of Notices: Requires the Department of Environmental Protection (DEP), with the State Technology Office, to establish a pilot project to determine the cost-effectiveness of publication of notices on the Internet rather than in the Florida Administrative Weekly (FAW). Requires notices in FAW as to the existence of the pilot project, with DEP’s web address included. Identical to HB 1761. Sen. Durrell Peaden (R-Crestview)

  • S. Natural Resources: A “strike everything” amendment, adding a provision to allow DEP to publish a summary of the Internet notice in FAW, stipulating that all other notices will be published in the manner prescribed by law, is adopted. Reported favorably as a committee substitute.

CS/SB 1562 Tobacco Industry Records: Creates a public records exemption for proprietary confidential business information received by the Governor, the Attorney General, or outside counsel representing the State in negotiations for settlement payments pursuant to the tobacco settlement agreement, or received by the Comptroller or the Auditor General for purposes of verifying the settlement payments. Defines “proprietary confidential business information” as trade secrets, confidential Form 10 K information, internal auditing control policies and procedures, reports of internal auditors, financial and marketing information, financial statements, independent auditor report letters, analyses of specific revenue and expense items, and working papers, schedules, analyses, and reconciliations prepared by company personnel for the purpose of clarifying disclosure of revenues Similar to HB 1523. Sen. Locke Burt (R-Ormond Beach)

  • S. Governmental Oversight: Reported favorably.

HB 1695 Student Assessments Data: Creates a public records exemption for data disclosing personal identifying information about a teacher or any other instructional personnel and the effects of instruction by such teacher or other instructional personnel on a student in the possession of the Department of Education (DOE) or the State Board of Education. No Senate companion. Rep. J.D. Alexander (R-Winter Haven)

  • H. State Administration: A “strike everything” amendment exempting personal identifying information of instructional personnel in student assessment records held by the Department of Education is adopted; reported favorably with one amendment.
  • H. Council for Lifelong Learning: Reported favorably.

CS/HB 1701 Code Enforcement Officers: Slightly expands the current exemption for the home addresses and telephone numbers of code enforcement officers in s. 119.07(3)(i), F.S., to include in the exemption social security numbers and the work addresses and telephone numbers of spouses. Similar to SB 1766. Rep. Chris Smith (D-Ft. Lauderdale)

  • H. State Administration: A technical amendment is adopted; reported favorably as a committee substitute.

CS/SB 1762 Communication Systems: Creates a public records exemption for technical information pertaining to trunking radio communications systems and mobile data communications used by government agencies. Specifically exempts access to technical information, defined as system trunking format data, mobile data terminal information, coded radio identification information, information pertaining to internal system structuring (agency/fleet/subfleet structure and identification data), system keys, encryption codes used to facilitate secure communications, and control channel data format information Similar to HB 1437. Sen. Bill Posey (R-Rockledge)

  • S. Comprehensive Planning: Reported favorably.

HB 1771 Juvenile Records: As amended, allows access to juvenile arrest reports if the juvenile is charged with a felony, has been convicted of three or more misdemeanors, is transferred to the adult system, or is transferred to the adult system but sentenced to the juvenile system. The amendment also stipulates that “[n]otwithstanding any law dealing generally with the preservation and destruction of public records,” the Department of Juvenile Justice may provide “for the expunction of any nonjudicial record of the arrest of a minor who has successfully completed a prearrest or postarrest diversion program for minors,” and allows for retroactive application.. No Senate companion. Rep. Jerry Melvin (R-Ft. Walton Beach)

  • H. Council for Smarter Government: A “strike everything” amendment, which makes no changes to the pertinent sections of HB 1771, is adopted. Reported favorably with one amendment.

CS/HB 1805 Accident Reports: Creates a public records exemption for the name, home or employment address, home or employment telephone number, or other personal information concerning those people involved in auto accidents for sixty days. Allows access by certain, specified parties, including professional journalists as defined in s. 90.5015, F.S. Stipulates that any person in possession of such information who knowingly discloses it to a person not entitled to access is guilty of a third degree felony, and that any person who, using falsified credentials, knowingly obtains or attempts to obtain personally identifying information is also guilty of a third degree felony. Similar to SB 1466. H. Insurance Committee

  • House: A “strike everything” amendment is adopted. As amended, creates a public records exemption for the name, home or employment address, home or employment telephone number, or other personal information concerning those people involved in auto accidents for sixty days. Allows access by certain, specified parties, including professional journalists as defined in s. 50.011 and 50.031, F.S. Stipulates that any government employee in possession of such information who knowingly discloses it to a person not entitled to access is guilty of a third degree felony, and that any person who, knowing he or she is not entitled to obtain the exempt information, who obtains or attempts to obtain such information is also guilty of a third degree felony. Rolled to third reading.

w SB 1838 Financial Records/State Bidders: Expands the current exemption in s. 119.07(3)(t), F.S., for financial statements provided to a government agency by a prospective bidder, to specifically include within the exemption profit-and-loss statements, payroll records, records of fringe benefits, and cost statements of administrative overhead. No House companion. Sen. Daryl Jones (D-Miami)

  • Senate: Withdrawn from further consideration.

HB 1845 Criminal Use of Personal Information: As amended, HB 1845 amends s. 817.568, F.S., to make it a second degree felony to willfully use personal identification information concerning an individual for the purpose of committing a fraud, if the amount of the injury or fraud perpetrated is more than $75,000; stipulates that if such offense was facilitated or furthered by the use of a public record, the offense is reclassified to the next higher degree; allows for prosecution of the crime in the county where the victim resides or a county where any element of the crime was committed; stipulates that prosecution must occur within three years after the offense occurred or within one year after discovery of the offense by the victim if within five years after the violation. Similar to CS/SB 524. H. Information Technology Committee

  • H. Council for Ready Infrastructure: Reported favorably.

HB 1881 Nursing Home/Internal Risk Management & Elder Care Information: Creates public record exemptions for the records of meetings of the risk management and quality assurance committees of long term care facilities, notifications of adverse incidents, and adverse incident reports from such facilities. Creates a public meeting exemption for meetings of such committees. Also creates a public records exemption for information contained in records relating to an individual’s health or eligibility for services held by the Department of Elder Affairs. Similar to SB 1200 and HB 1619. Also similar to SB1726. H. Committee on Elder & Long Term Care

  • H. Council for Ready Infrastructure: Reported favorably.
  • H. Council for Healthy Communities: Reported favorably.
  • House: Minor amendments adopted; rolled to third reading.

SB 1944 Chief Privacy and Public Access Officer: Creates the position of Chief Privacy and Public Access Officer within the State Technology Officer to be responsible for: (1) continual review of the policies, laws, rules, and practices of state agencies that may affect the privacy concerns of state residents and annually advise the Legislature and Governor of such practices; (2) direct the survey provided for in SB 1898; (3) review of proposed contracts between state agencies and third parties involving the sharing or sale of personal information and make specific recommended changes to any such contract as necessary. No House companion. Sen. Locke Burt (R-Ormond Beach)

  • S. Governmental Oversight: Reported favorably.

SB 1958 Investigation Records/Compensation Claims: Creates a public records exemption for investigation records made or received by the Division of Administrative Hearings related to investigation of complaints against judges of compensation claims until the investigation is complete or no longer active. Stipulates that the records will remain confidential after the investigation under certain, specified conditions. No House companion. Sen. Jack Latvala (R-Palm Harbor)

  • S. Governmental Oversight: Reported favorably.

CS/SB 2028 Production of Records: Requires an out-of-state corporation providing electronic communication services or remote computing services to the public to comply with a subpoena, court order, or search warrant to produce the records sought within 5 days. Requires a Florida corporation providing similar services to respond to out-of-state subpoena, court order, or search warrant as if the order had been issued by a Florida Court. No House companion. Sen. Locke Burt (R-Ormond Beach)

  • S. Criminal Justice: Amendments lengthening time to produce records from 5 days to 10 days are adopted. Reported favorably as a committee substitute.

CS/SB 2178 Temporary Assistance Programs: Creates a public meetings exemption for portions of meetings held by the Department of Children and Family Services, the Agency for Workforce Innovation, Workforce Florida, the Department of Management Services, the Department of Health, the Department of Revenue, the Department of Education, a regional workforce board, and service providers of such agencies, at which information identifying individuals who have applied for or are receiving temporary assistance. Also creates a public records exemption for information identifying such individuals held by the same agencies. Specifies when, and under what conditions, such information may be released. Defines “temporary assistance” as “any case or services provided with funds from the Temporary Assistance for Needy Families block grant”. Similar to HB 1385. Sen. Durrell Peaden (R-Crestview)

  • S. Governmental Oversight: A “strike everything” amendment making significant technical changes to the bill, clarifying and narrowing the exemptions, and conforming the language to the House companion, is adopted. Reported favorably as a committee substitute.

CS/SB 2218 DOI Investigation Work Papers: Creates a public records exemption for work papers prepared by or fore the use of the Department of Insurance (DOI) pursuant to an investigation or examination of an insurer. Similar to HB 1699. Sen. Tom Rossin (D-Royal Palm Beach)

  • S. Banking & Insurance: A “strike everything” amendment conforming the bill to HB 1699 is adopted. As amended, creates public records exemptions for (1) for work papers prepared by or for the Department of Insurance (DOI) pursuant to an investigation of an insurance company; (2) appraisals, surveys, applications and other information relating to a policyholder’s property, including its location, type of construction, and valuation; (3) the name and address of the policyholder and the producer of the record; (4) information relating to underlying property coverages on the policyholder’s property; (5) all information generated in connection with applications for coverage; (6) all information included in underwriting files; (7) claims files, until termination of all litigation and settlement of all claims; (8) records obtained or generated by an internal auditor pursuant to a routine audit, until the audit is completed; (9) privileged attorney-client communications; (10) all proprietary information and data, including computer models, and trade secret information licensed or furnished to or used by the association as part of a response to a request for proposals or under separate contract between the owner and the association if the response or contract requires confidentiality; (11) all information relating to the medical condition or medical status of an association employee which is not relevant to the employee’s ability to perform his or her duties; (12) all records relative to an employee’s participation in an employee assistance program; and (13) information relating to negotiations for financing, reinsurance, depopulation, or contractual services, until the conclusion of the negotiations. Reported favorably as a committee substitute.

NEW BILLS FILED

HB 1985 Deferred Presentment Records: Creates an exemption for information identifying a drawer contained in the database for deferred presentment providers. (A “deferred presentment provider” is someone who accepts a post-dated check or agrees to wait a certain number of days before cashing a check—a transaction similar to a loan. The CS/CS/1526 and 314 requires creation of the database.) Similar to CS/SB 892. H. Council for Smarter Government

THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

SUBJECT INDEX

  • BUSINESS AND COMMERCIAL INFORMATION
    HB 721, Individual Agricultural Records
    HB 1103, Insurer Receivership Records
    SB 1380, Individual Agricultural Records
    SB 1458, Insurer Receivership Records
    HB 1523, Tobacco Industry Records
    SB 1562, Tobacco Industry Records
  • CRIMINAL JUSTICE AND LAW ENFORCEMENT
    HB 3, Citizens’ Right to Honest Government Act
    SB 270, DNA Test Results
    SB 306, Crime Victims Notification
    SB 384, OGSR/911 Telephone Calls
    HB 399, OGSR/911 Telephone Calls
    HB 403, OGSR/Pawnbroker Transaction Records
    SB 514, Use of Public Record Information/Criminal Purpose
    SB 524, Criminal Use of Personal Information
    HB 643, Criminal Use of Personal Information
    SB 696, Criminal Use of Personal Information
    SB 714, Citizens’ Right to Honest Government Act
    SB 804, OGSR/Pawnbroker Transaction Records
    HB 995, Access to Police Reports
    HB 1083, Autopsy Photographs
    SB 1356, Autopsy Photographs
    HB 1437, Communications Systems
    SB 1466, Accident Reports
    SB 1688, Access to Police Reports
    SB 1762, Communications Systems
    HB 1771, Juvenile Records
    HB 1805, Accident Reports
    HB 1819, Illegal Use of Public Records
    HB 1845, Criminal Use of Personal Information
    SB 2006, Juvenile Justice/Quality Assurance Review
    SB 2028, Production of Records
  • EDUCATION
    CS/SB 906, Learning Gateway
    HB 1405, Release of Student Records
    HB 1535, Educational Professionals
    HB 1561, Learning Gateway
    HB 1695, Student Assessments Data
  • EMPLOYMENT
    SB 768, Home Addresses/Human Resource Managers
    HB 731, Home Addresses/Human Resource Managers
    SB 1186, Law Enforcement Employees
    HB 1701, Code Enforcement Officers
    SB 1766, Code Enforcement Officers
    SB 2128, Lists of State Employees
  • ETHICS AND ELECTIONS
    HB 275, Campaign Treasurer Reports
    SB 1930, Central Voter File
  • FINANCIAL INFORMATION
    HB 383, OGSR/Bank Account Numbers
    HB 389, OGSR/Economic Development Agencies
    HB 391, OGSR/Qualified Tax Refund Programs
    SB 484, OGSR/Economic Development Agencies
    SB 486, OGSR/Qualified Tax Refund Programs
    SB 632, OGSR/Bank Account Numbers
    HB 1421, Qualified Tax Refund Programs
    SB 1838, Financial Records/State Bidders
    SB 1836, DOR & Local Government/Sharing
    HB 1891, DOR & Local Government/Sharing
    SB 2294, DOR/Property Address Database
  • FIRST AMENDMENT ISSUES
    HB 65, Public Libraries & Obscenity
    SB 356, Public Libraries & Obscenity
  • GENERAL GOVERNMENT
    SB 382, OGSR/Sealed Bids – Municipal Utilities
    HB 385, OGSR/Sealed Bids – Municipal Utilities
    HB 789, Data Processing Software/Electronic Records
    SB 892, Public Records Exemption
    SB 894, Public Records Exemption
    SB 896, Public Records Exemption
    SB 898, Public Records Exemption
    SB 900, Public Records Exemption
    SB 902, Public Records Exemption
    SB 904, Public Records Exemption
    SB 906, Public Records Exemption
    HB 1537, Bids and Contracts for Services
    SB 1560, Internet/Publication of Notices
    SB 1678, State Employees/Bidding
    HB 1763, Internet/Publication of Notices
    SB 1898, Government Collection of Information
    SB 1944, Chief Privacy & Public Access Officer
    SB 2220, Data Processing Software/Electronic Records
  • HEALTH CARE and HOSPITALS
    HB 365, DOH/Identifying & Personal Information
    HB 401, OGSR/Antitrust No-Action Letters
    HB 407, OGSR/University Health Services Support Organizations
    SB 414, OGSR/Antitrust No-Action Letters
    HB 418, OGSR/University Health Services Support Organizations
    HB 599, OGSR/Antitrust No-Action Letters
    SB 692, Physicians/Adverse Incident Reports
    HB 813, Pharmaceutical Adverse Incident Reports
    SB 840, DOH/Identifying & Personal Information
    HB 985, Medical Records/Prohibition on Solicitation
    HB 1067, Physicians/Adverse Incident Reports
    SB 1084, Medical Malpractice/Release of Records
    SB 1096, Pharmaceutical Adverse Incident Reports
    SB 1200, Nursing Homes/Internal Risk-Management
    SB 1238, Medical Information/ParaTransit Services
    HB 1517, HMO/Risk-Based Capital Reports & Meetings
    HB 1619, Nursing Homes/Records & Meetings
    SB 1848, Nursing Homes/Claimant Information
    HB 1871, Physicians/Adverse Incident Reports
    HB 1951, Medical Information/ParaTransit Services
    SB 2082, HMO/Risk-Based Capital Reports & Meetings
    SB 2228, Long-Term-Care-Facility JUA/Claims Files
  • HISTORICAL RECORDS AND INFORMATION
    HB 1565, Archaeological Sites
    SB 2124, Archaeological Sites
  • INSURANCE
    HB 405, OGSR/Surplus Lines Insurance Records
    SB 1026, OGSR/Surplus Lines Insurance Records
    HB 1699, Windstorm Underwriting Association
    SB 2170, DOI Records
    SB 2218, DOI Investigation Work Papers
  • INVESTIGATORY RECORDS
    SB 1958, Investigation Records/Compensation Claims
  • LEGISLATIVE RECORDS AND MEETINGS
    SJR 92, Legislative Meetings
  • PERSONAL INFORMATION
    HB 387, OGSR/Donors – Sports-Related Industries
    HB 393, OGSR/Tourism Marketing & Research Projects
    HB 397, OGSR/Personal Information – Toll Facilities
    SB 454, OGSR/Donors – Sports-Related Industries
    SB 456, OGSR/Tourism Marketing & Research Projects
    HB 477, Abandoned Newborns/EMS
    SB 772, Non-Title IV-D Child Support Enforcement Services
    SB 996, Identity Theft
    SB 998, Privacy & Public Records
    SB 1060, OGSR/Personal Information – Toll Facilities
    HB 1147, DOI/Personal Information
    SB 1280, Abandoned Property Reports
    SB 1314, Abandoned Newborns/EMS
    HB 1385, Temporary Assistance Programs
    SB 1552, Armed Forces/Form DD-214
    HB 1585, Abandoned Property Reports
    SB 1726, Elderly Affairs/Personal Information
    SB 1734, DOI/Personal Information
    HB 1985, Deferred Presentment Records
    SB 2178, Temporary Assistance Programs
  • SECURITY PLANS & RELATED INFORMATION
    HB 395, OGSR/Airport Security Plans
    SB 1062, OGSR/Airport Security Plans

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