| In This Issue: |
February 21, 2003
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LEGISLATIVE WORKSHOP A HUGE
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2003 PRE-SESSION UPDATE
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FAPA BILL TRACKING REPORT
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CONGRESS CLEARS 2003 BUDGET
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This past Wednesday and
Thursday, February 19-20, 2003, the Chapter
Office, in partnership with the Capitol Area
Section, conducted FAPA’s annual Legislative
Workshop in Tallahassee as a lead-in to the 2003
Florida Legislative Session. It was highly
successful and probably the most intense exchange
and sharing of information on a diverse range of
planning-related topics ever experienced by FAPA
members. For a small $50 registration fee,
attendees left informed and empowered. This
workshop truly is one of the most valuable
services FAPA offers.
A special note of
thanks goes to the conference sponsors: the
American Planning Association, Apalachee Section
of the Florida Planning and Zoning Association,
Carlton Fields, Florida Institute of Government,
Florida League of Cities, Florida Regional
Councils Association, F.S.U. Department of Urban
and Regional Planning, PBS&J, Thomas G.
Pelham, AICP, and the Urban Land Institute. Their
in-kind and financial contributions helped to make
the workshop a success and underwrote the ability
of 28 planning students to attend the event at no
cost to them.
Over one and a half days,
attendees heard from 28 speakers. These included
Colleen Castille, the new Secretary of the Florida
Department of Community Affairs; Senators Geller
and Constantine; Representatives Sorensen, Spratt,
and Jennings; speakers from Washington, D.C.,
Atlanta, and Chicago; and others representing
active, statewide organizations. These included
Floridians for Better Transportation; the Florida
Home Builders Association; 1000 Friends of
Florida; the Florida League of Cities; the Florida
Association of Counties; Audubon of Florida; the
Florida Farm Bureau Federation; the Florida
Regional Councils Association; and the Association
of Florida Community Developers. In addition to
the Department of Community Affairs, the Florida
Department of Environmental Protection was
represented, as was the Urban Land Institute and
the American Planning Association.
Workshop
topics covered a wide range of topics; among
them—military installations, schools,
redevelopment, transportation, fiscal impact
modeling, private property rights, impact fees,
agriculture, trust funds, intergovernmental
coordination, citizen involvement, annexation,
regionalism, and water; and how all of those
issues related to the upcoming legislative
session. Sessions also explored where other states
and groups stood on some of these issues.
Workshop participants came away better
informed and with a broader understanding of and
respect for the various organizations and interest
groups. It also gave FAPA the opportunity to
inform these groups, the Legislators, and other
speakers of its priorities and issues in the
prelude to the 2003 Legislative Session.
If you missed this worthwhile event, make
a note on your calendar for December 2003, to be
on the look out for the 2004 Legislative Workshop
announcement, which will take place in January or
February of that year. Remember, information is
power, and this year’s registrants departed
substantially empowered.
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Orlando Cabrera was named by
Secretary Colleen Castille to the position of
Executive Director of the Florida Housing Finance
Corporation, effective February 21, 2003. The
Florida Housing Finance Corporation is responsible
for administering single family and multifamily
affordable housing programs throughout Florida.
Mr. Cabrera resigned from the Miami Office of
Holland & Knight to accept the appointment.
Mr. Cabrera was a partner at Holland & Knight,
where he practiced real estate and land use law,
and gained extensive experience in affordable
housing programs, public financing and various
affordable housing products. He has served as a
citizen representative on the Florida Housing
Finance Corporation Board since December 2000. He
is chair of the City of Miami’s Community
Development and Housing Program and a director of
the National Council of State Housing Boards. Mr.
Cabrera received a Bachelor of Arts degree in 1984
from the University of Michigan and his J.D. in
1989 from the University of Wisconsin Law School.
The Florida Housing Finance Corporation’s Press
Release can be read at the following URL:
www.floridahousing.org/webdocs/newsroom/pr/orlando-cabrera-final.pdf
Lakeland Ledger—“Bullet Train Bids Reveal
Estimates of Public Costs: As the tedious work of
planning Florida's high-speed rail network has
inched forward during the past two years, Gov. Jeb
Bush has always been nearby with chastening words.
If the state has to pay too much, he said, these
trains will never leave the station. Now that the
public could be on the hook for as much as $2.7
billion to help build the route's first leg --
Tampa to Orlando -- Bush finally has his answer on
the project's cost.”
www.theledger.com/apps/pbcs.dll/article?Site=LL&Date=20030213&Category=NEWS&ArtNo=302130354&Ref=AR&Profile=1003&SectionCat=NEWS01
Miami
Herald—“In a move to quell a 'soft coup,' House
speaker delegates some duties: Facing growing
criticism over his leadership style and office
spending, state House Speaker Johnnie Byrd has
eased his grip on power by delegating key duties
to two members of his leadership team. The move,
several Republican sources said, was intended to
quell a ''soft coup'' instigated by GOP
legislators worried that the Republican speaker
was spending hundreds of thousands of taxpayer
dollars to promote his own political career.”
www.miami.com/mld/miamiherald/news/politics/5178024.htm
Tallahassee Democrat: “Byrd cites library
support: House Speaker Johnnie Byrd told
Tallahasseeans on Thursday there is "huge support"
in the Legislature for saving the State Library.
Byrd, a close political ally of Gov. Jeb Bush,
also said House members are not interested in
replacing the Legislature's two fiscal watchdogs -
the Office of Program Policy Analysis and
Government Accountability and the Auditor
General's Office - as Bush has proposed in his
budget recommendations.”
www.tallahassee.com/mld/tallahassee/news/5228144.htm
Bradenton
Herald: “House members support rail repeal: Voters
would get a chance to repeal the high-speed rail
project they put into the constitution under
measures supported by lawmakers who say some
people are having second thoughts now that they
know how much the train will cost. Ten state House
members took turns Thursday announcing their
support for legislation (HB 309) asking voters to
repeal the amendment approved in 2000 to build a
fast train connecting five Florida cities.”
www.bradenton.com/mld/bradenton/news/local/5228389.htm
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The House and Senate
yesterday approved the Fiscal Year 2003 Omnibus
Appropriations bill, providing $31.6 billion in
highways spending and $7.2 billion for transit
programs. Highway spending receives a boost of
about $4 billion over the "guaranteed" spending
level of $27.6 billion set in TEA-21, with transit
programs receiving the level set in the 1998 law,
minus a .65 percent reduction applied to federal
discretionary spending.
The final spending
levels for this fiscal year are particularly
important, as this is the last year of the
six-year TEA-21 period, with the higher level
moving the baseline spending level upward. Rep.
Don Young (R-AK), the chair of the House
Transportation and Infrastructure Committee, said,
"despite the small cut I'm satisfied with the
level of funding for highways and
transit."
The action closes out a lengthy
negotiation over many funding priorities, with the
broad appropriations measure addressing most of
the federal government's spending for the
remainder of FY'03, which began October 1 and
concludes September 30. The 3000-page bill is
loaded with provisions, many of which go well
beyond simply funding matters, including
provisions that override existing law and
regulations and even add entirely provisions to
federal law. Changes affecting federal lands, for
example, were strongly debated during Senate
action on the bill (H.J. Res. 2), provisions that
fundamentally reshape how the U.S. Forest Service
particularly can manage federal lands and private
party access to these lands for
logging.
Included in the FY 2003 Omnibus
spending agreement is a cut in funding for the Job
Access and Reverse Commute Program (JARC). While
the JARC program was slated for $150 million, it
will receive $105 million, a 30% reduction. The
JARC program assists low-income workers and people
moving from welfare to work.
Congressional
action now shifts to the action on the President's
FY'04 Budget Request, focusing on approval of a
budget resolution for the Fiscal Year 2004
budget.
Source: Surface Transportation
Policy Project
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The Legislature concluded
the last round of pre-session meetings this week
in Tallahassee. Next week is an off week for the
legislature before they are back in Tallahassee on
March 3rd to begin the scheduled 60 day 2003
Legislative Session.
The underlying concern
of legislators this session is the estimated $4
billion dollar budget shortfall. The shortfall
will permeate almost every policy issue the
legislature tackles this session, from education
and economic development to healthcare and
insurance issues. Complicating fiscal matters, are
the recent constitutional amendments (class size
reduction, universal pre-kindergarten, and high
speed rail) passed by Floridians. The budget
debate will surely influence seemingly unrelated
issue areas, as posturing, negotiations, and deal
making are utilized by both the House and Senate
to leverage budget positions.
There has
already been much publicized disagreement by
Senate President Jim King and Speaker of the
House, Johnnie Byrd over the philosophy of meeting
the budget shortfall. The Senate has committed at
least to studying revenue-generating issues, such
as repealing tax exemptions and legalizing video
gambling at existing legalized wagering
facilities. However, Speaker Byrd has publicly
chastised President King for entertaining such
ideas, and has committed the House to focus on
existing program cuts, which is in line with
Governor Bush’s proposed budget.
Governor
Bush released his $58 billion budget to the
legislature last month. It includes cuts to
programs in several different issue areas, but the
real impact of the budget lies with the shift of
trust fund dollars to general revenue dollars in
several issue areas. In accordance with Florida
Statutes, revenue generated by fees and taxes,
which are earmarked for specified trust funds,
must be allocated accordingly to fund a certain
program. In the Governor’s proposed budget, many
dedicated trust funds have been repealed and
replaced with general revenue money. Although the
funding level might be the same, using general
revenue dollars, agencies/organizations must
compete for funding on a yearly basis. The
Governor’s budget is meeting with resistance in
the Senate.
Source: Lester Abberger, FAPA
Legislative Representative
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Due to its growing length,
this is the last legislative bulletin that will
contain the bill tracking report within the body
of the text. However, a link to FAPA’s website
where this same information may be obtained will
be provided (see below).
At the
Legislative Workshop, a recurring them was heard
from Senators Geller and Constantine and
Representative Sorensen regarding the merger of
the Florida Department of Community Affairs and
the Florida Department of State. To summarize,
they pointed out that they were not convinced of
the merger’s economic savings. While they admitted
that a small savings might be evident, they
indicated that to be convinced of the need for a
merger of these two agencies, good public policy
reasons had to be provided. They added that this
did not mean the merger was not a good idea, but
they did not want it to be based solely on
economics.
Senator Geller also briefly
referenced his bill, Senate Bill 434. While this
is still a shell bill (i.e., it expresses
legislative intent but provides no details), in
his comments at the Legislative Workshop he
expressed an interest in developing language that
would provide for strong urban development
boundaries, high density urban infill, and
withholding services outside the urban development
boundaries. Senator Geller is currently drafting
language, which we anticipate will soon be shared
with FAPA.
The FAPA Bill Tracking Report
follows:
HB 0065
Relating to
Schools/Small School Requirement
Kottkamp
Schools/Small School Requirement;
repeals provision re small school requirement;
corrects cross references & conforms language.
Repeals 1013.43; amends 1001.42, 1003.02.
EFFECTIVE DATE: 07/01/2003.
1/29/2003 HOUSE
Referred to Education Innovation (EDK); Education
K-20; Education Appropriations (AP);
Appropriations
SB 0140
Relating to
Interlocal Cooperation Act of 1969
Argenziano
Interlocal Cooperation Act of
1969; requires notification of host government if
separate legal entity seeks to acquire public
facilities serving populations outside
jurisdiction of members of separate legal entity;
provides for host government to respond within
specified period; provides that host government
may not prohibit such acquisition if it fails to
respond within specified period; provides certain
limitations & for retroactive application,
etc. Amends 163.01. EFFECTIVE DATE: Upon becoming
law.
12/20/2002 SENATE Referred to
Comprehensive Planning; Communication and Public
Utilities; Governmental Oversight and
Productivity; Commerce, Economic Opportunities,
and Consumer Services
SB 0156
Relating
to Water Resources Campbell
Water
Resources; provides for restrictions on sale or
transfer of water rights; provides for
restrictions on permits for consumptive use of
water; provides for severability. Amends 373.1501;
creates 373.255. EFFECTIVE DATE: Upon becoming
law.
1/10/2003 SENATE Referred to Natural
Resources; Agriculture; Commerce, Economic
Opportunities, and Consumer Services;
Appropriations Subcommittee on General Government;
Appropriations
SB 0186
Relating to
Secretary of State/Community Affairs
Geller
Secretary of State/Community
Affairs; expresses Legislature's intent to enact
legislation to transfer powers & duties of
Community Affairs Dept. to Secretary of State.
EFFECTIVE DATE: 07/01/2003.
1/21/2003 SENATE
Referred to Comprehensive Planning; Governmental
Oversight and Productivity; Appropriations
Subcommittee on Transportation and Economic
Development; Appropriations; Rules and Calendar
HB 0257
Relating to Southwest Florida
Transportation Davis
Southwest Florida
Transportation; provides popular name of Southwest
Florida Transporation Authority Law; creates said
authority; provides for governing body of
authority; provides for Southwest Florida
Transportation System; provides for procurement;
provides for lease-purchase agreement with DOT;
provides DOT may be appointed agent of authority
for construction; provides for acquisition of
lands & property; provides covenant of state,
etc. Amends Ch. 349. APPROPRIATION: $2,500,000.
EFFECTIVE DATE: 07/01/2003.
2/13/2003 HOUSE
Referred to Transportation Systems (TR);
Transportation; Local Government & Veterans``
Affairs; Finance & Tax; Transportation &
Economic Development Appropriations (AP);
Appropriations
SB 0286
Relating to
Planning for School Growth Geller
Planning
for School Growth; amends procedures for
coordinating efforts of local planning agencies
& school districts toward planning for school
growth. Amends 163.3174, 1013.33. EFFECTIVE DATE:
07/01/2003.
1/16/2003 SENATE Referred to
Comprehensive Planning; Education; Appropriations
Subcommittee on Education; Appropriations
HB 0309
Relating to High Speed Ground
Transportation Allen
High Speed Ground
Transportation; constitutional amendment to
eliminate constitutional requirement that state
provide for development & operation of high
speed ground transportation system. Repeals s. 19,
Art. X.
2/12/2003 HOUSE Filed
HB
0317
Relating to Florida Building Commission
Benson
Florida Building Commission;
specifies legislative approval of certain
recommendations of said commission re certain
provisions of Florida Building Code; requires
commission to adopt certain provisions as part of
said code; provides legislative findings; exempts
adoption of such provisions from certain
requirements of law or commission rules. EFFECTIVE
DATE: Upon becoming law.
2/12/2003 HOUSE
Filed
SB 0402
Relating to Community
Affairs Webster
Community Affairs;
expresses legislative intent to revise laws re
community affairs. EFFECTIVE DATE: Upon becoming
law.
2/4/2003 SENATE Referred to Comprehensive
Planning; Appropriations Subcommittee on
Transportation and Economic Development;
Appropriations; Rules and Calendar
HB
0407
Relating to Water Mgmt./Interdistrict
Project McInvale
Water Mgmt./Interdistrict
Project; revises provisions re permits for
consumptive use of water under certain
circumstances; provides definition; provides
limitation on interdistrict transfer & use of
groundwater; revises provisions re administration
of specified provisions; provides for
applicability. Amends 373.046,.2295. EFFECTIVE
DATE: Upon becoming law.
2/18/2003 HOUSE
Filed
SB 0416
Relating to Department of
State Webster
Department of State;
expresses legislative intent to revise laws re
Department of State. EFFECTIVE DATE: Upon becoming
law.
2/4/2003 SENATE Referred to Governmental
Oversight and Productivity; Comprehensive
Planning; Appropriations Subcommittee on
Transportation and Economic Development;
Appropriations; Rules and Calendar
SB
0432
Relating to Redevelopment/County &
Municipality Geller
Redevelopment/County
& Municipality; expresses Legislature's intent
to enact legislation re redevelopment of counties
& municipalities. EFFECTIVE DATE: 07/01/2003.
2/4/2003 SENATE Referred to Comprehensive
Planning; Appropriations Subcommittee on
Transportation and Economic Development;
Appropriations; Rules and Calendar
SB
0434
Relating to Growth Management/Urban
Services Geller
Growth Management/Urban
Services; expresses Legislature's intent to enact
legislation re growth management & provision
of urban services. EFFECTIVE DATE: 07/01/2003.
2/4/2003 SENATE Referred to Comprehensive
Planning; Appropriations Subcommittee on
Transportation and Economic Development;
Appropriations; Rules and Calendar
HB
0435
Relating to Coastal Redevelopment Project
Act Carassas
Coastal Redevelopment Project
Act; cites as "The Coastal Redevelopment Hazard
Mitigation Demonstration Project Act"; provides
additional requirement in comprehensive plan
concerning hazard mitigation; revises language re
coastal management; authorizes demonstration
project in certain counties to allow for
redevelopment of coastal areas within designated
coastal high hazard area; provides for written
agreement between state land planning agency &
local government, etc. Amends FS. EFFECTIVE DATE:
Upon becoming law.
2/18/2003 HOUSE
Filed
SB 0490
Relating to Growth
Management Constantine
Growth Management;
expresses Legislature's intent to revise laws re
growth management & annexation. EFFECTIVE
DATE: Upon becoming law.
2/4/2003 SENATE
Referred to Comprehensive Planning; Appropriations
Subcommittee on Transportation and Economic
Development; Appropriations; Rules and Calendar
SB 0540
Relating to Affordable Housing
Constantine
Affordable Housing; expresses
legislative intent to revise laws re affordable
housing. EFFECTIVE DATE: Upon becoming law.
2/4/2003 SENATE Referred to Comprehensive
Planning; Appropriations Subcommittee on
Transportation and Economic Development;
Appropriations; Rules and Calendar
SB
0542
Relating to Growth Management
Constantine
Growth Management; expresses
legislative intent to revise laws re growth
management. EFFECTIVE DATE: Upon becoming law.
2/4/2003 SENATE Referred to Comprehensive
Planning; Appropriations Subcommittee on
Transportation and Economic Development;
Appropriations; Rules and Calendar
SB
0546
Relating to Developments of Regional
Impact Constantine
Developments of Regional
Impact; expresses legislative intent to revise
laws re developments of regional impact. EFFECTIVE
DATE: Upon becoming law.
2/4/2003 SENATE
Referred to Comprehensive Planning; Appropriations
Subcommittee on Transportation and Economic
Development; Appropriations; Rules and Calendar
SB 0548
Relating to Community
Redevelopment Agencies
Constantine
Community Redevelopment
Agencies; expresses legislative intent to revise
laws re community redevelopment agencies.
EFFECTIVE DATE: Upon becoming law.
2/4/2003
SENATE Referred to Comprehensive Planning;
Appropriations Subcommittee on Transportation and
Economic Development; Appropriations; Rules and
Calendar
SB 0554
Relating to
WMD/Permitting Responsibilities
Constantine
WMD/Permitting
Responsibilities; expresses legislative intent to
revise laws re permitting responsibilities of
water management districts. EFFECTIVE DATE: Upon
becoming law.
2/4/2003 SENATE Referred to
Natural Resources; Comprehensive Planning;
Appropriations Subcommittee on General Government;
Appropriations; Rules and Calendar
SB
1022
Relating to Statewide Impact Fee
Wasserman-Schultz
Statewide Impact Fee;
imposes fee on deeds & other instruments re
real property & interests therein; provides
for each school district to receive specified
minimum amount in proceeds from fee; provides for
proceeds to be remitted to state; provides that
county, municipality, or school board may not levy
certain impact fees; provides that certain
impact-fee programs are repealed by this act, etc.
Creates 201.032. EFFECTIVE DATE: 07/01/2003.
2/19/2003 SENATE Referred to Comprehensive
Planning; Education; Finance and Taxation
SB 1042
Relating to Annexation
Geller
Annexation; expresses legislative
intent to revise laws re annexation. EFFECTIVE
DATE: Upon becoming law.
2/19/2003 SENATE
Referred to Comprehensive Planning; Appropriations
Subcommittee on Transportation and Economic
Development; Appropriations; Rules and
Calendar
SB 1104
Relating to
Comprehensive Planning Fasano
Comprehensive
Planning; expresses legislative intent to revise
laws re development surrounding military
installations to ensure compatible zoning
regulations & community growth. EFFECTIVE
DATE: Upon becoming law.
2/10/2003 SENATE
Filed
SB 1164
Relating to Private
Property Rights Protection Pruitt
Private
Property Rights Protection; amends "Bert J.
Harris, Jr., Private Property Rights Protection
Act"; amends procedures for determining
governmental entity's final decision identifying
allowable uses for property; provides that
enactment of law or adoption of regulation does
not constitute applying law or regulation;
provides for retroactive waiver of sovereign
immunity for liability. Amends 70.001. EFFECTIVE
DATE: 07/01/2003.
2/11/2003 SENATE
Filed
SB 1172
Relating to
Constitution/Amendment Ratification
Cowin
Constitution/Amendment Ratification;
constitutional amendment to require that, in
addition to present requirement that ratification
be approved by majority of electors voting
statewide, proposed amendment submitted for
ratification after January 4, 2005, be approved by
majority of electors voting in at least 34 of
state's 67 counties. Amends s. 5, Art. XI.
2/11/2003 SENATE Filed
SB
1208
Relating to Land Acquisition Lawson
Jr.
Land Acquisition; provides legislative
findings re need to revitalize & redevelop
certain urban areas & to value of urban
greenspace; defines term "remediation project" for
purposes of Fla. Communities Trust Act; authorizes
trust to adopt rules concerning resolution of
land-use conflicts; provides for funds from
Preservation 2000 Trust Fund & Fla. Forever
Trust Fund to be used for projects approved under
said act, etc. Amends 380.502,.503,.507,.508,.510.
EFFECTIVE DATE: 07/01/2003.
2/13/2003 SENATE
Filed
SB 1248
Relating to Mandated
Property Reform Task Force Wise
Mandated
Property Reform Task Force; establishes said task
force; provides for appointment of members &
organization of task force; specifies duties;
provides for reports; provides for termination.
APPROPRIATION: $50,000. EFFECTIVE DATE: Upon
becoming law.
2/14/2003 SENATE Filed
SB
1376
Relating to 2002 Water Study Commission
Saunders
2002 Water Study Commission;
creates said commission; provides for appointment
& qualification of members; provides duties of
commission; provides for public hearings; provides
for executive director & technical advisory
committees; requires reports; provides duties of
DEP. APPROPRIATION: $250,000. EFFECTIVE DATE: Upon
becoming law.
2/19/2003 SENATE Filed
SB
1398
Relating to Southwest Florida
Transportation Saunders
Southwest Florida
Transportation; provides popular name of Southwest
Florida Transportation Authority Law; creates said
authority; provides for governing body of
authority; provides for Southwest Florida
Transportation System; provides for procurement;
provides for lease-purchase agreement with DOT;
provides DOT may be appointed agent of authority
for construction; provides for acquisition of
lands & property; provides covenant of state,
etc. Amends Ch. 349. APPROPRIATION: $2,500,000.
EFFECTIVE DATE: 07/01/2003.
2/19/2003 SENATE
Filed
SB 1400
Relating to High-speed
Ground Transportation Klein
High-speed
Ground Transportation; constitutional amendment to
repeal provision that requires development &
operation of high-speed ground transportation
system in state. Repeals s. 19, Art. X.
2/19/2003 SENATE Filed
SB
1404
Relating to Legislative Created
Boards/Councils Wise
Legislative Created
Boards/Councils; expresses legislative intent to
review necessity & effectiveness of boards,
councils, commissions, & other legislatively
created bodies. EFFECTIVE DATE: 07/01/2003.
2/19/2003 SENATE Filed
SB
1450
Relating to Emergency Communications
Bennett
Emergency Communications; defines
terms "active prepaid wireless telephone," "mobile
telephone number," prepaid wireless telephone
service," & "sufficient positive balance" for
purposes of wireless emergency communications;
prescribes additional duties of board of directors
of Wireless 911 Board re 911 & E911 systems;
requires new private branch exchange telephone
systems to have automatic location identification
capabilities, etc. Amends 365.172,.173; creates
365.175. EFFECTIVE DATE: 07/01/2003.
2/20/2003
SENATE Filed
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