The department may adopt rules necessary to. No license plates other than those furnished by the state shall be used. 2010-162; s. 8, ch. Copyright 2000- 2023 State of Florida. 94-353; s. 23, ch. For a casual or private sale, including the sale of a marine boat trailer by a marine boat trailer dealer. When license plates equipped with validation stickers are issued in any month other than the owners birth month or the designated registration period for any other motor vehicle, the effective date shall reflect the birth month or month and the year of renewal. The amendment by s. 1, ch. 24, 35, ch. The journals or printed bills of the respective chambers should be consulted for official purposes. Attaching a Tag or Plate Not Assigned is a misdemeanor, with penalties that may include and jail and, more often,the creation of a permanent criminal record. This site is protected by reCAPTCHA and the Google, There is a newer version of the Florida Statutes, Chapter 316 - STATE UNIFORM TRAFFIC CONTROL. Improper Exhibition of a Firearm and/or Improper Display of a Weapon are crimes governed by Florida Statute 790.10. 20408, 1941; s. 1, ch. 85-180; s. 10, ch. No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or moped or the view of the operator. ss. 2007-242; s. 1, ch. 78-217; s. 4, ch. 2010-223; s. 14, ch. 2014-216; s. 66, ch. A temporary tag issued for any of these purposes shall be valid for 10 days. Any person who knowingly attaches to any motor vehicle or mobile home any registration license plate, or who knowingly attaches any validation sticker or mobile home sticker to a registration license plate, which plate or sticker was not issued and assigned or lawfully transferred to such vehicle, is guilty of a misdemeanor of the second degree, punishable as provided in s. s. 1, ch. Without independent evidence of knowledge (or even attachment by the defendant), corpus delicti is not satisfied, the confession is inadmissible,and the charge fails for lack of proof. In addition, a commercial motor vehicle found in violation of this section may be detained by any law enforcement officer until the owner or operator produces evidence that the vehicle has been properly registered and that any applicable delinquent penalties have been paid. Get free summaries of new opinions delivered to your inbox! The fee shall be $2 each. 1Note.Section 14, ch. 69-106; s. 195, ch. The amendment by s. 1, ch. 77-174; s. 1, ch. 80-217; s. 3, ch. 91-221; s. 239, ch. 78-217; s. 4, ch. 2012-181. As amended by s. 23, ch. The amendment by s. 1, ch. 97-300; s. 33, ch. 94-353; s. 23, ch. 2008-176. 1-4, ch. 2014-216, amended subsection (1), effective January 1, 2016, to read: (1)Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this state, shall be licensed in the name of the owner thereof in accordance with the laws of this state unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. 320.0706 for front-end registration license plates on truck tractors and s. 320.086(5) which exempts display of license plates on described former military vehicles, display the license plate or both of the license plates assigned to it by the state, one on the rear and, if two, the other on the front of the vehicle, each to be securely fastened to the vehicle outside the main body of the vehicle not higher than 60 inches and not lower than 12 inches from the ground and no more than 24 inches to the left or right of the centerline of the vehicle, and in such manner as to prevent the plates from swinging, and all letters, numerals, printing, writing, the registration decal, and the alphanumeric designation shall be clear and distinct and free from defacement, mutilation, grease, and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. Skip to Navigation | Skip to Main Content | Skip to Site Map. 87-401; s. 1, ch. This evidentiary principle is known as corpus delicti. 77-357; s. 1, ch. In the resolution of a consumer complaint where there is a need to issue more than two temporary tags, the department may do so. 91-221; s. 239, ch. 59-478; s. 199, ch. You can explore additional available newsletters here. (4) shall, if a digital license plate displays a registration insignia as authorized by a rule adopted under Section 504.154(d)(1), promptly update the display of the registration insignia to reflect the current registration period for the vehicle and, on request of the department, suspend the display of the registration insignia or indicate on . 88-557; s. 2, ch. 2008-71, uses the word implement instead of the word administer.. 2009-206; s. 5, ch. Javascript must be enabled for site search. 90-194; s. 1, ch. Publications, Help Searching In the resolution of a consumer complaint where there is a need to issue more than two temporary tags, the department may do so. Copyright 2000- 2023 State of Florida. 88-395; s. 9, ch. Any person who knowingly and willfully abuses or misuses temporary tag issuance to avoid registering a vehicle requiring registration pursuant to this chapter or chapter 319 commits a misdemeanor of the first degree, punishable as provided in s. Any person who knowingly and willfully issues a temporary tag or causes another to issue a temporary tag to a fictitious person or entity to avoid disclosure of the true owner of a vehicle commits a felony of the third degree, punishable as provided in s. Any person authorized by this section to purchase and issue a temporary tag shall maintain records as required by this chapter or departmental rules, and such records shall be open to inspection by the department or its agents during reasonable business hours. 91-82; s. 63, ch. Such system shall enable the department to issue, on demand, a temporary tag number in response to a request from the issuer by way of a secure electronic exchange of data and then enable the issuer to print the temporary tag. A credit or refund may not be given for any prior years payments of such prorated replacement fee if the plate is replaced or surrendered before the end of the 10-year period, except that a credit may be given if a registrant is required by the department to replace a license plate under s. Registration license plates equipped with validation stickers subject to the registration period are valid for not more than 12 months and expire at midnight on the last day of the registration period. The journals or printed bills of the respective chambers should be consulted for official purposes. Please check official sources. Temporary tags shall be conspicuously displayed in the rear license plate bracket or, on vehicles requiring front display of license plates, on the front of the vehicle in the location where the metal license plate would normally be displayed. Licensing of vehicles on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', SCOTUS to Decide Constitutionality of Consumer Financial Protection Bureau. Schedule. Such media shall be either nonpermeable or subject to weatherproofing so that it maintains its structural integrity, including graphic and data adhesion, in all weather conditions after being placed on a vehicle. For a rental car company which possesses a motor vehicle dealer license and which may use temporary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department. The amendment by s. 1, ch. If a dealer fails to comply with the departments requirements for issuing temporary tags using the electronic system, the department may deny, suspend, or revoke a license under s. The department shall implement a secure print-on-demand electronic temporary tag registration, record retention, and issue system required for use by every department-authorized issuer of temporary tags by the end of the 2007-2008 fiscal year. 78-55; s. 6, ch. (b) Mineral exploration assists in the orderly identification of mineral resources in the state. 99-248; s. 11, ch. While a personalized prestige or specialty license plate is being manufactured for use upon the motor vehicle. 71-135; s. 1, ch. To ensure the continuation of operations for issuers if a system outage occurs, the department shall allow the limited use of a backup manual issuance method during an outage which requires recordkeeping of information as determined by the department and which requires the timely electronic reporting of this information to the department. 94-314; s. 74, ch. Chapter 316 STATE UNIFORM TRAFFIC CONTROL. For certified common carriers or driveaway companies who transport motor vehicles, mobile homes, or recreational vehicles from one place to another for persons other than themselves. Validation stickers must also be treated with a retroreflection material, must be of such size as specified by the department, and must adhere to the license plate. 97-58; s. 20, ch. 59-348; s. 1, ch. 99-248; s. 2, ch. 7275, 1917; RGS 1009, 1018; ss. Where an out-of-state resident, subject to registration in this state, must secure ownership documentation from the home state. Any person who knowingly and willfully fails to comply with this subsection commits a misdemeanor of the second degree, punishable as provided in s. The department shall administer an electronic system for licensed motor vehicle dealers to use for issuing temporary tags. As amended by s. 23, ch. The registration license plate must be imprinted with a combination of bold letters and numerals or numerals, not to exceed seven digits, to identify the registration license plate number. 95-333; s. 41, ch. If a dealer fails to comply with the departments requirements for issuing temporary tags using the electronic system, the department may deny, suspend, or revoke a license under s. The department shall implement a secure print-on-demand electronic temporary tag registration, record retention, and issue system required for use by every department-authorized issuer of temporary tags by the end of the 2007-2008 fiscal year. You're all set! 71-136; s. 1, ch. Statutes, Video Broadcast The license tag of a motorcycle or moped must be permanently affixed to the vehicle and remain clearly visible from the rear at all times. Cite this article: FindLaw.com - Florida Statutes Title XXIII. 65-190; ss. The department may adopt rules necessary to. 86-243; s. 19, ch. 78-225; s. 9, ch. 2008-176. You already receive all suggested Justia Opinion Summary Newsletters. 2008-176. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Possession With Intent To Sell, Manufacture or Deliver, Introduction Of Contraband Into Detention Facility, Violation Of A Restricted Drivers License, Giving False Information To Law Enforcement, Improper Exhibition of a Firearm or Weapon. The fee for such replacement is $28, $2.80 of which shall be paid each year before the plate is replaced, to be credited towards the next $28 replacement fee. 79-3; s. 65, ch. 2008-176; s. 9, ch. Trial court erred in granting the suppression motions filed by both the first and second defendant, who occupied the vehicle stopped, as a violation of O.C.G.A. Such media shall be either nonpermeable or subject to weatherproofing so that it maintains its structural integrity, including graphic and data adhesion, in all weather conditions after being placed on a vehicle. ss. 94-306; s. 32, ch. 94-142; s. 12, ch. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. A casual or private sale means any sale other than that by a licensed dealer. Such media shall be either nonpermeable or subject to weatherproofing so that it maintains its structural integrity, including graphic and data adhesion, in all weather conditions after being placed on a vehicle. (1) Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this state, shall be licensed in the name of the owner thereof in accordance with the laws of this state unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 320.131 Temporary tags. (1) The department is authorized and empowered to design, issue, and regulate the use of temporary tags to be designated "temporary tags" for use in the following cases: (a) Where a dealer license plate may not be lawfully used. 2008-71, uses the words shall be authorized to instead of the word may., As amended by s. 23, ch. Copyright 2023, Thomson Reuters. Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this state, shall be licensed in the name of the owner thereof in accordance with the laws of this state unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. Any commercial motor vehicle operating over the highways of this state with an expired registration, with no registration from this or any other jurisdiction, or with no registration under the applicable provisions of chapter 320 shall be in violation of s. s. 1, ch. Further, the department is authorized to disallow the purchase of temporary tags by licensed dealers, common carriers, or financial institutions in those cases where abuse has occurred. 40-2-41 provided a sufficient reason for the traffic stop; moreover, the trial court erred in ruling that some portions of O.C.G.A. Thus, a seemingly minor traffic offense will result in a person having criminal history, which can permanently interfere with employment applications, career opportunities, security clearances, college applications, and other matters in their professional and personal life. 63-490; s. 6, ch. 90-329; s. 79, ch. The amendment by s. 1, ch. 85-180; s. 10, ch. 83-318; s. 3, ch. 82-134; s. 38, ch. The second infraction costs $2,500.00, the third costs $5,000 and loss of motorcycle license endorsement for 10 years. 1-4, ch. Using a temporary tag that has been expired for a period of 7 days or less is a noncriminal infraction, and is a nonmoving violation punishable as provided for in chapter 318. 2010-223; s. 14, ch. The amendment by s. 1, ch. The corporation organized under chapter 946 may manufacture license plates, validation stickers, and decals, as well as temporary tags, disabled hang tags, vessel decals, and fuel use decals, for the Department of Highway Safety and Motor Vehicles as provided in this chapter and chapter 327. (Fourth Judicial Circuit, Duval County, Florida) (2013) Our client was charged with Attaching Plate Not Assigned after allegedly affixing an incorrect license plate to his vehicle. Statutes, Video Broadcast If you are caught in violation of tagging requirements, you may face serious fines and court fees. 77-174; s. 6, ch. 72-46; s. 10, ch. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 69-106; s. 2, ch. Agents of the department shall sell temporary tags for $2 each and shall charge the service charge authorized by s. Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this section commits a noncriminal infraction, punishable as a moving violation as provided in chapter 318 in addition to other administrative action by the department. However, if the vehicle is not required to be licensed in this state, the license plates on such vehicle issued by another state, by a territory, possession, or district of the United States, or by a foreign country, substantially complying with the provisions hereof, shall be considered as complying with this chapter. 99-248; s. 2, ch. Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). Skip to Navigation | Skip to Main Content | Skip to Site Map. 2010-161; s. 26, ch. 2010-162; s. 8, ch. 96-413; s. 13, ch. 2008-176. Stay up-to-date with how the law affects your life. The registration license plate is designed to increase nighttime visibility and legibility and must be at least 6 inches wide and not less than 12 inches in length, unless a plate with reduced dimensions is deemed necessary by the department to accommodate motorcycles, mopeds, or similar smaller vehicles. History.s. Where an out-of-state resident, subject to registration in this state, must secure ownership documentation from the home state. Definition of the Charge. Stopped for an Obscured Tag? 2008-71; s. 23, ch. 99-248; s. 64, ch. Committee https://codes.findlaw.com/fl/title-xxiii-motor-vehicles/fl-st-sect-316-605/, Read this complete Florida Statutes Title XXIII. Licensing of vehicles - last updated January 01, 2019 Any person who knowingly and willfully abuses or misuses temporary tag issuance to avoid registering a vehicle requiring registration pursuant to this chapter or chapter 319 commits a misdemeanor of the first degree, punishable as provided in s. Any person who knowingly and willfully issues a temporary tag or causes another to issue a temporary tag to a fictitious person or entity to avoid disclosure of the true owner of a vehicle commits a felony of the third degree, punishable as provided in s. Any person authorized by this section to purchase and issue a temporary tag shall maintain records as required by this chapter or departmental rules, and such records shall be open to inspection by the department or its agents during reasonable business hours. To prove the crime of Attaching Plate or Tag Not Assigned, the prosecution must establish the following three elements beyond a reasonable doubt: In Florida, knowingly attaching an unassigned license plate, tag, or validation sticker to a vehicle is a second degree misdemeanor, with penalties of up to 60 days in jail or 6 months of probation, and a $500 fine. (9) (a) The department shall implement a secure print-on-demand electronic temporary tag registration, record retention, and issue system required for use by every department-authorized issuer of temporary tags by the end of the 2007-2008 fiscal year. Committee Find many great new & used options and get the best deals for Florida Sheriff license plate ZFX89 police law enforcement - DISPLAY ONLY at the best online prices at eBay! 65-190; ss. 85-176; s. 1, ch. We help clients charged with a variety of different types of weapon charges throughout the Tampa Bay area including Hillsborough County, Pinellas County, Pasco County, Hernando County, and Polk County, Florida. 95-333; s. 41, ch. The department shall designate specifications for the media upon which the temporary tag is printed. 93-120; s. 2, ch. No vehicle license plate may be displayed in an inverted or reversed position or in such a manner that the letters and numbers and their proper sequence are not readily identifiable. 65-190; ss. 71-136; s. 1, ch. 87-401; s. 1, ch. 95-333; s. 41, ch. (1) The department is authorized to issue a transporter license plate to any applicant who, incidental to the conduct of his or her business, engages in the transporting of motor vehicles which are not currently registered to any owner and which do not have license plates, upon payment of the license tax imposed by s. 320.08 (15) for each such Even where the defendant admitted to police that he or she attached the plate and knew that it was the incorrect plate or tag, the defendants statements are not admissible unless the State is able, independently of the confession, to establish each element of the crime with substantial evidence. These penalties represent the statutory maximum sentence that is available for this type of charge, and not the probable range ofsanctions that will be imposed in the majority of cases. 2008-71, uses the words shall be authorized to instead of the word may., As amended by s. 23, ch. (primary offense)No Tag/Registration/Obscured/Defaced/Improper Display Improper Equipment *With affidavit of compliance ($4.00 collected by the agency) and penalty is reduced at Traffic Violations Bureau to: Seat belt violations: Passengers/driver under 18 years not belted or in a device - (primary offense) Driver not belted (primary offense) 89-364; s. 50, ch. Any person who knowingly and willfully fails to comply with this subsection commits a misdemeanor of the second degree, punishable as provided in s. The department shall administer an electronic system for licensed motor vehicle dealers to use for issuing temporary tags. Further, the department is authorized to disallow the purchase of temporary tags by licensed dealers, common carriers, or financial institutions in those cases where abuse has occurred. 10182, 1925; CGL 1283, 1292; s. 1, ch. The license plate must be imprinted with the word Florida at the top and the name of the county in which it is sold, the state motto, or the words Sunshine State at the bottom. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . 80-217; s. 3, ch. Current as of January 01, 2019 | Updated by FindLaw Staff. Agents of the department shall sell temporary tags for $2 each and shall charge the service charge authorized by s. Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this section commits a noncriminal infraction, punishable as a moving violation as provided in chapter 318 in addition to other administrative action by the department. 2011-3. 96-414; s. 164, ch. 2005-164; s. 1, ch. At trial, our attorneys made multiple evidentiary objections that resulted in the prosecution being unable to prove each element of the offense. Once you have chosen a desired plate(s), see the Motor Vehicle Registrations page to learn how to apply for a license plate and registration. If properly raised at trial, there are numerous defenses available in Florida to contest a charge of attaching a tag or plate that is not assigned to a vehicle. 82-97; s. 25, ch. 77-120; s. 1, ch. All rights reserved. 2008-68; s. 2, ch. One dollar from each tag sold shall be deposited into the Brain and Spinal Cord Injury Program Trust Fund, with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund. Contact us. 69-106; s. 195, ch. Florida Statutes Definitions Index (2022), Table Tracing Session Laws to Florida Statutes (2022), Index to Special and Local Laws (1971-2022), Index to Special and Local Laws (1845-1970). 2010-162; s. 8, ch. Yes, Florida statute 316.605 (1) - TAG - None/Obscured/Defaced/Improper display (non-moving violation) is specific as to the requirements. 71-136; s. 1, ch. For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return. 2014-216. For example, in my state of Florida, it is an offense under Florida law to display a dangerous weapon in an angry, careless, or threatening manner. Also, if a plate is mounted on a pivoting hanger it is in violation of this vehicle code. 2005-47; s. 39, ch. For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return. 2022 Florida Statutes < Back to Statute Search. 81-212; s. 25, ch. 82-97; s. 25, ch. 2008-176. 320.261 Attaching registration license plate not assigned unlawful; penalty. Copyright 2000- 2023 State of Florida. Sign up for our free summaries and get the latest delivered directly to you. Javascript must be enabled for site search. Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles. (1) Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this state, shall be licensed in the name of the owner thereof in accordance with the laws of this state unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. However, the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee. The journals or printed bills of the respective chambers should be consulted for official purposes. 96-413; s. 13, ch. At the end of that 10-year period, upon renewal, the plate shall be replaced. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. 1-4, ch. 1(1)Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this state, shall be licensed in the name of the owner thereof in accordance with the laws of this state unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. 320.0706 for front-end registration license plates on truck tractors and s. 320.086(5) which exempts display of license plates on described former military vehicles, display the license plate or both of the license plates assigned to it by the state, one on the rear and, if two, the other on the front of the vehicle, each to be securely fastened to the vehicle outside the main body of the vehicle not higher than 60 inches and not lower than 12 inches from the ground and no more than 24 inches to the left or right of the centerline of the vehicle, and in such manner as to prevent the plates from swinging, and all letters, numerals, printing, writing, and other identification marks upon the plates regarding the word Florida, the registration decal, and the alphanumeric designation shall be clear and distinct and free from defacement, mutilation, grease, and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. 99-260; s. 118, ch. 2008-176. May 13th, 2016. The department is authorized and empowered to design, issue, and regulate the use of temporary tags to be designated temporary tags for use in the following cases: Where a dealer license plate may not be lawfully used. A registration license plate equipped with a validation sticker subject to the extended registration period is valid for not more than 24 months and expires at midnight on the last day of the extended registration period. 85-176; s. 1, ch. 96-413; s. 4, ch. 2010-161; s. 26, ch. 2016-239. 2007-196; s. 10, ch. Javascript must be enabled for site search. 87-161; s. 320, ch. Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles. For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealers licensed location to an off-premise sales location and return. Attaching a Plate or Tag Not Assigned is a defendable charge that can often be resolved without a conviction and without a permanent criminal record. Again, this assumes that proper evidentiary objections are made and that the case is defended with a working knowledge of recent Florida case law. 94-314; s. 74, ch. 2008-117; s. 4, ch. 93-120; s. 2, ch. 87-198; s. 26, ch. 79-164; s. 13, ch. Temporary tags shall be conspicuously displayed in the rear license plate bracket or, on vehicles requiring front display of license plates, on the front of the vehicle in the location where the metal license plate would normally be displayed. 74-338; s. 7, ch. 26481, 1951; ss. 2009-206; s. 5, ch. A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle or moped at the rear or side of the operator. The registration plate issued for those trucks with a manufacturer's ton rating not exceeding three-quarter (3/4) ton and having a panel or pickup body style, and also those issued for all motor homes, regardless of ton rating or body style thereof, shall be attached to the rear of the vehicle. In Florida, it is a criminal offense to knowingly attach to a vehicle a license plate or license tag that has not been lawfully assigned to such vehicle. 90-329; s. 79, ch. 72-79; s. 92, ch. In any case where a permanent license plate cannot legally be issued to an applicant and a temporary license plate is not specifically authorized under the provisions of this section, the department shall have the discretion to issue or authorize agents or Florida licensed dealers to issue temporary license plates to applicants demonstrating a need for such temporary use. 82-134; s. 38, ch. Schedule. Schedule. Except as provided in s. 316.2085(3), vehicle license plates shall be affixed and displayed in such a manner that the letters and numerals shall be read from left to right parallel to the ground.

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