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Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 1007 (2024)

Summary

Committee/subcommittee amendment, Amendment No. 1, offered by Representative Overdorf at the Commerce Committee hearing on PCS for CS/HB 1007 (2024). The inserted text defines terms including wholesale nicotine products dealer and wholesale nicotine products dealer permit, and creates section 569.311, Florida Statutes, a nicotine dispensing device directory. By December 1, 2024, and annually thereafter, every nicotine product manufacturer selling nicotine dispensing devices for eventual retail sale in this state must deliver a form under penalty of perjury. Permits are issued annually, and a dealer that does not timely renew must pay a late fee for each month or portion of a month.

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“Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 1007 (2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bill-amendments-fn-pcs-62363c5af8/, SHA-256 48039e596385ce79f690a32290b7e429d45e90f6d493ff8ff7669904c38253cc.

Full text

                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 1007    (2024)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:     Commerce Committee
 2     Representative Overdorf offered the following:
 3
 4          Amendment
 5          Remove lines 163-589 and insert:
 6     means either:
 7          (a)    An application pursuant to 21 U.S.C. s. 387j for a
 8     nicotine dispensing device containing or utilizing nicotine
 9     derived from tobacco marketed in the United States as of August
10     8, 2016, which was submitted to the FDA on or before September
11     9, 2020, and accepted for filing; or
12          (b)    An application pursuant to 21 U.S.C. s. 387j for a
13     nicotine dispensing device containing or utilizing nicotine
14     derived from a non-tobacco source that is not a single use or
15     disposable electronic cigarette, an electronic cigar, an
16     electronic cigarillo, an electronic pipe, or other similar
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17     device and that does not use a sealed, prefilled, and disposable
18     cartridge of nicotine in a solution.
19          (14)   "Wholesale nicotine products dealer" means the holder
20     of a wholesale nicotine products dealer permit who purchases
21     nicotine dispensing devices or nicotine products from any
22     nicotine product manufacturer.
23          (15)   "Wholesale nicotine products dealer permit" means a
24     permit issued by the division under s. 569.316.
25          (1)(9)    "Any person under the age of 21" does not include
26     any person under the age of 21 who:
27          (a)    Is in the military reserve or on active duty in the
28     Armed Forces of the United States; or
29          (b)    Is acting in his or her scope of lawful employment.
30          Section 1.    Section 569.311, Florida Statutes, is created
31     to read:
32          569.311    Nicotine dispensing device directory.—
33          (1)    By December 1, 2024, and annually thereafter, every
34     nicotine product manufacturer that sells nicotine dispensing
35     devices to any person for eventual retail sale in this state
36     shall execute and deliver a form, prescribed by the division,
37     under penalty of perjury for each such nicotine dispensing
38     device sold that meets either of the following criteria:
39          (a)    The manufacturer of a nicotine dispensing device has
40     submitted a timely filed premarket tobacco product application
41     for the nicotine dispensing device pursuant to 21 U.S.C. s. 387j
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42     and remains stayed by a court order, or the manufacturer has
43     filed a timely request for supervisory review with the FDA which
44     remains under review, or the order has been rescinded by the FDA
45     or vacated by a court; or
46          (b)   The nicotine product manufacturer has received a
47     marketing granted order under 21 U.S.C. s. 387j for the nicotine
48     dispensing device from the FDA.
49          (2)   The form prescribed by the division pursuant to
50     subsection (1) must require each nicotine product manufacturer
51     to set forth the name under which the nicotine product
52     manufacturer transacts or intends to transact business, the
53     address of the location of the nicotine product manufacturer's
54     principal place of business, the nicotine product manufacturer's
55     e-mail address, and the brand name of the nicotine dispensing
56     device, the device's category (e.g., e-liquid, power unit,
57     device, e-liquid cartridge, e-liquid pod, disposable), the
58     device's name, and any flavor utilized with the device that is
59     sold in this state. The division may allow a nicotine product
60     manufacturer to group its nicotine dispensing devices on its
61     certification.
62          (3)   In addition to completing the form prescribed by the
63     division pursuant to subsection (1), each nicotine product
64     manufacturer shall provide a copy of the cover page of the
65     granted marketing order issued by the FDA pursuant to 21 U.S.C.
66     s. 387j for each device; a copy of the acceptance letter issued
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67     by the FDA pursuant to 21 U.S.C. s. 387j for a timely filed
68     premarket tobacco product application for each device; or a
69     document issued by the FDA or by a court confirming that the
70     premarket tobacco product application has been received and
71     denied, but the order is not yet in effect for each device.
72          (4)   Any nicotine product manufacturer submitting a
73     certification pursuant to subsection (1) shall notify the
74     division within 30 days after any material change to the
75     certification, including, but not limited to, issuance by the
76     FDA of any of the following:
77          (a)   A denial of a market authorization pursuant to 21
78     U.S.C. s. 387j;
79          (b)   An order requiring a nicotine product manufacturer to
80     remove a nicotine dispensing device or nicotine product from the
81     market either temporarily or permanently;
82          (c)   Any notice of action taken by the FDA affecting the
83     ability of the nicotine dispensing device to be introduced or
84     delivered in this state for commercial distribution;
85          (d)   Any change in policy which results in a nicotine
86     dispensing device becoming an FDA enforcement priority; or
87          (e)   Any other change deemed material by the division
88     pursuant to a rule of the division.
89          (5)   The division shall develop and maintain a directory
90     listing all nicotine product manufacturers that sell nic otine
91     dispensing devices in this state and the nicotine dispensing
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 92     devices certified by those manufacturers with the division which
 93     comply with this section. The division shall make the directory
 94     available January 1, 2025, on its or the Department of Busin ess
 95     and Professional Regulation's website. The division shall update
 96     the directory as necessary. The division shall establish a
 97     process to provide retailers, distributors, and wholesalers
 98     notice of the initial publication of the directory and changes
 99     made to the directory in the prior month.
100          (6)     The division shall establish by rule a process to
101     provide a nicotine product manufacturer notice and an
102     opportunity to cure deficiencies before removing the
103     manufacturer or any of its nicotine dispensing devices f rom the
104     directory.
105          (a)     The division may not remove the nicotine product
106     manufacturer or any of its nicotine dispensing devices from the
107     directory until at least 30 days after the nicotine product
108     manufacturer has been given notice of an intended action. Notice
109     is sufficient and deemed immediately received by a nicotine
110     product manufacturer if the notice is sent either electronically
111     or by facsimile to an e-mail address or facsimile number
112     provided by the nicotine product manufacturer in its most recent
113     certification filed under subsection (1).
114          (b)     The nicotine product manufacturer has 15 days from the
115     date of service of the notice of the division's intended action
116     to establish that the nicotine product manufacturer or any of
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117     its nicotine dispensing devices must be included on the
118     directory.
119          (c)     A determination by the division not to include or to
120     remove a nicotine product manufacturer or nicotine dispensing
121     device from the directory is subject to review under chapter
122     120. If a nicotine product manufacturer seeks review of removal
123     from the directory, the division must keep the nicotine
124     dispensing device on the directory until entry of a final order.
125          (d)     If a nicotine dispensing device is removed from the
126     directory, each retailer and each wholesaler holding nicotine
127     dispensing devices for eventual sale to a consumer in this state
128     has 30 days from the day such product is removed from the
129     directory to sell the product or remove the product from its
130     inventory. After 30 days following removal from the directory,
131     the product identified in the notice of removal is contraband
132     and subject to s. 569.345.
133          (7)(a)    Except as provided in subsections (b) and (c),
134     beginning March 1, 2025, or on the date that the division first
135     makes the directory available for public inspection on its or
136     the Department of Business and Professional Regulation's
137     website, whichever is later, a nicotine product manufacturer
138     that offers for sale in this state a nicotine dispensing device
139     not listed on the directory is subject to a fine of $1,000 per
140     day for each individual nicotine dispensing device offered for
141     sale in violation of this section until the offending product is
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142     removed from the market or until the offending product is
143     properly listed on the directory.
144          (b)   Each retailer shall have 60 days from the date that
145     the division first makes the directory available for inspection
146     on its public website to sell products that were in its
147     inventory and not included on the directory or remove those
148     products from inventory.
149          (c)   Each distributor or wholesaler shall have 60 days from
150     the date that the division first makes the directory available
151     for inspection on its public website to remove from inventory
152     those products intended for eventual retail sale to a consumer
153     in this state.
154          (8)   A nicotine product manufacturer that falsely
155     represents any of the information required by subsection (1) or
156     subsection (2) commits a felony of the third degree for each
157     false representation, punishable as provided in s. 775.082 or s.
158     775.083.
159          (9)   Each retail nicotine products dealer and wholesale
160     nicotine products dealer is subject to unannounced inspe ctions
161     or audit checks by the division for purposes of enforcing this
162     section. The division shall conduct unannounced follow-up
163     compliance checks of all noncompliant retail nicotine products
164     dealers or wholesale nicotine products dealers within 30 days
165     after any violation of this section. The division shall publish
166     the results of all inspections or audits at least annually and
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167     shall make the results available to the public on request.
168          (10)   The division may establish by rule a procedure to
169     allow nicotine product manufacturers to renew certifications
170     without having to resubmit all the information required by this
171     section.
172          (11)   The failure of a nicotine product manufacturer to
173     provide information or documents required by this section may
174     result in a nicotine dispensing device not being included on the
175     directory or the removal of a nicotine dispensing device from
176     the directory. The division may assess an administrative fine of
177     up to $1,000 for each nicotine dispensing device offered for
178     sale in this state if a nicotine product manufacturer fails to
179     provide notice to the division of a material change to its
180     certification within 30 days after that material change. The
181     division shall deposit all fines collected into the General
182     Revenue Fund. An order imposing an administrative fine becomes
183     effective 15 days after the date of the order.
184          Section 2.    Section 569.312, Florida Statutes, is created
185     to read:
186          569.312   Maintenance and inspection of nicotine dispensing
187     device records.—
188          (1)    Each nicotine product manufacturer that sells nicotine
189     dispensing devices in this state shall maintain and keep for a
190     period of 3 years, at the address listed on the certification
191     required pursuant to s. 569.311, a complete and accurate record
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192     of the number of nicotine dispensing devices sold or delivered
193     to a wholesaler in this state and to which each nicotine
194     dispensing device was sold on a wholesale basis, including the
195     business name, license number, shipping and business addresses,
196     e-mail address, and telephone number for the person or entity to
197     which each product was sold. Such records may be kept in an
198     electronic or paper format.
199          (2)   Each retail nicotine products dealer; wholesale
200     nicotine product dealer; wholesale dealer, as defined in s.
201     210.01(6); and distributing agent, as defined in s. 210.01(14),
202     shall maintain and keep for a period of 3 years at its principal
203     place of business a complete and accurate record of the quantity
204     of each nicotine dispensing device received, delivered, or sold
205     in this state and to which each nicotine dispensing device was
206     sold or delivered or from which the business received each
207     nicotine dispensing device, including the business name, license
208     number, shipping and business addresses, e-mail address, and
209     telephone number for the person or entity to which each product
210     was sold or delivered or from which each product was received.
211     Such records may be kept in an electronic or paper format.
212          (3)   Nicotine product manufacturers that sell nicotine
213     dispensing devices in this state; retail nicotine products
214     dealers; wholesale nicotine products dealers; wholesale dealers,
215     as defined in s. 210.01(6); and distributing agents, as defined
216     in s. 210.01(14), who sell or deliver nicotine dispensing
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217     devices directly to consumers are not required to keep and
218     maintain the name, address, e-mail address, and telephone number
219     of consumers who purchase or receive nicotine dispensing
220     devices.
221          (4)   Within 7 calendar days after receiving a request by
222     the division, a nicotine product manufacturer that sells
223     nicotine dispensing devices in this state, including a
224     manufacturer selling nicotine dispensing devices directly to
225     consumers; a retail nicotine products dealer; a wholesale
226     nicotine products dealer; a wholesale dealer, as defined in s.
227     210.01(6); and a distributing agent, as defined in s.
228     210.01(14), shall provide to the division or its duly authorized
229     representative copies of records related to the nicotine
230     dispensing devices received, delivered, or sold in this state
231     and to which those nicotine dispensing devices were sold o r
232     delivered or from which they were received.
233          (5)   The division, or a designated employee thereof, may
234     examine the records required to be maintained by each nicotine
235     product manufacturer, retail nicotine products dealer, wholesale
236     nicotine products dealer, wholesale dealer, as defined in s.
237     210.01(6), and distributing agent, as defined in s. 210.01(14);
238     issue subpoenas to such persons or entities; administer oaths;
239     and take depositions of witnesses within or outside of this
240     state. The civil law of this state regarding enforcing obedience
241     to a subpoena lawfully issued by a judge or other person duly
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242     authorized to issue subpoenas under the laws of this state in
243     civil cases applies to a subpoena issued by the division, or any
244     designated employee thereof. The subpoena may be enforced by
245     writ of attachment issued by the division, or any designated
246     employee, for such witness to compel him or her to appear before
247     the division, or any designated employee, and give his or her
248     testimony and to bring and produce such records as may be
249     required for examination. The division, or any designated
250     employee, may bring an action against a witness who refuses to
251     appear or give testimony by citation before the circuit court,
252     which shall punish such witness for contempt as in case s of
253     refusal to obey the orders and process of the circuit court. The
254     division may in such cases pay such attendance and mileage fees
255     as are permitted to be paid to witnesses in civil cases
256     appearing before the circuit court.
257          (6)   The division may assess an administrative fine of up
258     to $1,000 for each violation of this section. The division shall
259     deposit all fines collected into the General Revenue Fund. An
260     order imposing an administrative fine becomes effective 15 days
261     after the date of the order.
262          Section 3.   Section 569.313, Florida Statutes, is created
263     to read:
264          569.313   Shipment of unregistered nicotine dispensing
265     devices sold for retail sale in this state.—
266          (1)   A nicotine product manufacturer may not sell, ship, or
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267     otherwise distribute a nicotine dispensing device in this state
268     for eventual retail sale to a consumer in this state for which:
269          (a)   The FDA has entered an order requiring the nicotine
270     product manufacturer to remove the product from the market
271     either temporarily or permanently, which order has not been
272     stayed by the FDA or a court of competent jurisdiction, the
273     manufacturer has filed a timely request for supervisory review
274     with the FDA which remains under review, or the order has been
275     rescinded by the FDA or vacated by a court;
276          (b)   The nicotine product manufacturer has not submitted a
277     timely filed premarket tobacco product application for the
278     nicotine dispensing device;
279          (c)   The nicotine product manufacturer's timely filed
280     premarket tobacco product application for the nicotine
281     dispensing device is no longer pending because it was not
282     accepted by the FDA, it was denied by the FDA, or it is subject
283     to any other order or action by the FDA or any court that
284     negatively affects the ability of the product to be introduced
285     or delivered into interstate commerce for commercial
286     distribution in the United States; or
287          (d)   The nicotine product manufacturer has not submitted
288     the certification required under this chapter for any of the
289     nicotine dispensing devices intended for eventual retail sale to
290     a consumer in this state.
291          (2)   Any person who knowingly ships or receives nicotine
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292     dispensing devices in violation of this section commits a
293     misdemeanor of the first degree, punishable as provided in s.
294     775.082 or s. 775.083.
295          (3)   The division may also assess an administrative fine of
296     up to $5,000 for each violation. The division shall deposit all
297     fines collected into the General Revenue Fund. An order imposing
298     an administrative fine becomes effective 15 days after the date
299     of the order.
300          Section 4.    Section 569.316, Florida Statutes, is created
301     to read:
302          569.316    Wholesale nicotine products dealer permits;
303     application; qualifications; renewal; duplicates.—
304          (1)(a)    Each person, firm, association, or corporation that
305     seeks to deal, at wholesale, in nicotine products that will be
306     sold at retail within this state, or to sell nicotine products
307     or nicotine dispensing devices to any retail nicotine products
308     dealer who intends to sell those nicotine products in this
309     state, must obtain a wholesale nicotine products de aler permit
310     for each place of business or premises at which nicotine
311     products are sold.
312          (b)   Application for a wholesale nicotine products dealer
313     permit must be made on a form furnished by the division and must
314     set forth the name under which the applicant transacts or
315     intends to transact business, the address of the location of the
316     applicant's place of business, the applicant's e-mail address,
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317     and any other information the division requires. If the
318     applicant has or intends to have more than one place of bu siness
319     dealing in nicotine products or nicotine dispensing devices, a
320     separate application must be made for each place of business. If
321     the applicant is a firm or an association, the application must
322     set forth the names, e-mail addresses, and addresses of the
323     persons constituting the firm or association. If the applicant
324     is a corporation, the application must set forth the names, e -
325     mail addresses, and addresses of the principal officers of the
326     corporation. The application must also set forth any other
327     information prescribed by the division for the purpose of
328     identifying the applicant firm, association, or corporation. The
329     application must be signed and verified by oath or affirmation
330     by the owner, if a sole proprietor; if the owner is a firm,
331     association, or partnership, by the members or partners thereof;
332     or, if the owner is a corporation, by an executive officer of
333     the corporation or by a person authorized by the corporation to
334     sign the application, together with the written evidence of this
335     authority.
336          (2)(a)    Wholesale nicotine products dealer permits may be
337     issued only to persons who are 21 years of age or older or to
338     corporations the officers of which are 21 years of age or older.
339          (b)     The division may refuse to issue a wholesale nicotine
340     products dealer permit to any person, firm, association, or
341     corporation whose permit has been revoked by any jurisdiction;
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342     to any corporation an officer of which has had such permit
343     revoked by any jurisdiction; or to any person who is or has been
344     an officer of a corporation whose permit has been revoked by any
345     jurisdiction. The division must revoke any wholesale nicotine
346     products dealer permit issued to a firm, an association, or a
347     corporation prohibited from obtaining such permit under this
348     chapter.
349          (3)   Upon approval of an application for a wholesale
350     nicotine products dealer permit, the division shall issue to the
351     applicant a wholesale nicotine products dealer permit for the
352     place of business or premises specified in the application. A
353     wholesale nicotine products dealer permit is not assignable and
354     is valid only for the person in whose name the wholesale
355     nicotine products dealer permit is issued and for the place
356     designated in the wholesale nicotine products dealer permit. The
357     wholesale nicotine products dealer permit must be conspicuously
358     displayed at all times at the place for which it is issued.
359          (4)   A wholesale dealer, as defined in s. 210.01(6), or a
360     distributing agent, as defined in s. 210.01(14), is not required
361     to have a separate or additional wholesale nicotine products
362     dealer permit to deal, at wholesale, in nicotine dispensing
363     devices within this state. A wholesale dealer, as defined in s.
364     210.01(6), a distributing agent, as defined in s. 210.01(14), or
365     a tobacco products distributor, as defined in s. 210.25(5) ,
366     which deals, at wholesale, in nicotine dispensing devices is
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367     subject to, and must be in compliance with, this chapter.
368          Section 5.    Section 569.317, Florida Statutes, is created
369     to read:
370          569.317    Wholesale nicotine products dealer permitholder;
371     administrative penalties.—A wholesale nicotine products dealer
372     permitholder may only purchase and sell for retail sale in this
373     state nicotine dispensing devices contained on the directory
374     created by the division pursuant to s. 569.311. The division may
375     suspend or revoke the wholesale nicotine products dealer permit
376     of a wholesale nicotine products dealer permitholder upon
377     sufficient cause appearing of a violation of this part by a
378     wholesale nicotine products dealer permitholder or its agent or
379     employee. The division may also assess an administrative fine of
380     up to $5,000 for each violation. The division shall deposit all
381     fines collected into the General Revenue Fund. An order imposing
382     an administrative fine becomes effective 15 days after the date
383     of the order. The division may suspend the imposition of a
384     penalty against a wholesale nicotine products dealer
385     permitholder, conditioned upon compliance with terms the
386     division considers appropriate.
387          Section 6.    Section 569.32, Florida Statutes, is amended to
388     read:
389          569.32    Retail nicotine products dealer permits;
390     application; qualifications; renewal; duplicates.—
391          (1)(a)    Each person, firm, association, or corporation that
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392     seeks to deal, at retail, in nicotine products or nicotine
393     dispensing devices within this the state, or to allow a nicotine
394     products vending machine to be located on its premises in this
395     the state, must obtain a retail nicotine products dealer permit
396     for each place of business or premises at which nicotine
397     products or nicotine dispensing devices are sold. Each dealer
398     owning, leasing, furnishing, or operating vending machines
399     through which nicotine products are sold must obtain a permit
400     for each machine and shall post the permit in a conspicuous
401     place on or near the machine; however, if the dealer has more
402     than one vending machine at a single location or if nicotine
403     products or nicotine dispensing devices are sold both over the
404     counter and through a vending machine at a single location, the
405     dealer need obtain only one permit for that location.
406          (b)   Application for a permit must be made on a form
407     furnished by the division and must set forth the name under
408     which the applicant transacts or intends to transact business,
409     the address of the location of the applicant's place of business
410     within this the state, and any other information the division
411     requires. If the applicant has or intends to have more than one
412     place of business dealing in nicotine products or nicotine
413     dispensing devices within this the state, a separate application
414     must be made for each place of business. If the applicant is a
415     firm or an association, the application must set forth the names
416     and addresses of the persons constituting the firm or
      PCS for CSHB 1007 a1
       Published On: 2/21/2024 8:43:00 PM
                                  Page 17 of 18
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 1007   (2024)
        Amendment No. 1


417     association; if the applicant is a corporation, the application
418     must set forth the names and addresses of the principal officers
419     of the corporation. The application must also set forth any
420     other information prescribed by the division for the purpose of
421     identifying the applicant firm, association, or corporation. The
422     application must be signed and verified by oath or affirmation
423     by the owner, if a sole proprietor; or, if the owner is a firm,
424     association, or partnership, by the members or partners thereof;
425     or, if the owner is a corporation, by an executive officer of
426     the corporation or by a person authorized by the corporation to
427     sign the application, together with the written evidence of this
428     authority.
429          (c)     Permits must be issued annually.
430          (d)     The holder of a permit may renew the permit each year.
431     A dealer that does not timely renew its permit must pay a late
432     fee of $5 for each month or portion of a month occurring after
433     expiration, and before renewal, of the dealer's permit. The
434     division shall establish by rule a renewal procedure.




      PCS for CSHB 1007 a1
       Published On: 2/21/2024 8:43:00 PM
                                    Page 18 of 18


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