HomeMy WebLinkAboutO-1998-024 I
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ORDINANCE NO. 24-98
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,AMENDING
ARTICLE IX, OF CHAPTER 8 OF THE CODE OF ORDINANCES
ENTITLED "PRIVATE ALARM SYSTEMS"; PROVIDING FOR A
REGULATORY SYSTEM GOVERNING PRIVATE ALARM SYSTEMS;
PROVIDING FOR THE ESTABLISHMENT OF PERMITS, FEES, AND
PENALTIES FOR VIOLATIONS, A SYSTEM OF ADMINISTRATION AND
A PROCEDURE FOR THE REVOCATION OR DENIAL OF PERMITS;
REPEALING EXISTING CODE SEC. 8-125 IN ITS ENTIRETY; PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
AND HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, false alarm responses create an unnecessary risk of injury to persons
and property and an unnecessary expenditure of law enforcement and fire prevention
resources; and
WHEREAS, the City Commission desires to adopt regulations pertaining to private
alarm systems;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Article IX, Chapter 8 of the Code of Ordinances of the City of Dania Beach
entitled 'Private Alarm Systems" is amended to read as follows:
ARTICLE IX. Emergency Alarm Systems.
Sec. 8-125. Definitions.
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For the purpose of this chapter, the following words and phrases shall have the meanings
given to them in this chapter, unless the content clearly indicates or requires a different
meaning.
(a) Alarm. A communication to a public safety agency indicating
that a crime, fire or other emergency warranting immediate action of a public
safety agency has occurred or is occurring.
(b) Alarm Device. A device or system designed to automatically
transmit an alarm by wire, telephone, radio or other means directly to a
public safely agency or to a person who is instructed to notify the public
safely agency of the alarm.
(c) Alarm Company. The business of any person engaged in
selling, leasing, maintaining, servicing, repairing, altering, replacing, moving,
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monitoring or installing any alarm system or device or in causing any alarm
system or device to be sold, leased, maintained, serviced, repaired, altered,
replaced, moved, monitored or installed in or on any building, structure,
facility, or enclosed area.
(d) Alarm Site. A single premises or location served by an alarm
system or systems.
(e) Alarm User. The person, firm, partnership, association,
corporation, company or organization of any kind in control of any building,
structure, or facility or portion of such where an alarm system is maintained.
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(f) Audible Alarm. A device or system designed for the detection
of unauthorized entry, the presence of smoke or fire, or medical emergency
on the premises which generates an audible sound wave when activated.
g) Contractor. A person who has a certificate of competency as
required by Broward County to install an alarm system, or licensed by the
state of Florida to install alarms.
(h) Enforcement Officer. The chief law enforcement officer of
Dania Beach or any person serving under the direction of the chief law
enforcement officer of Dania Beach or the fire chief or any person serving
under the direction of the fire chief or a code enforcement officer or code
inspector.
(i) Person. An individual, corporation, partnership, incorporated
association, or other similar entity.
0) Notice. Written notice, given either by first class mail or
personal delivery upon the addressee.
(k) Telephone Alarm Device. Any device which, when activated,
automatically transmits by telephone line a recorded alarm message or
electronic mechanical alarm signal to any telephone instrument installed in
any facility of any law enforcement office or fire department.
Sec. 8-126. Alarm User Permits.
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(a) Required Permit. A person commits an offense if he operates
or causes to be operated, an alarm system or device without a permit issued
by the City. A separate permit is required for each alarm system.
(b) Alarm user permits issuance. The growth management
department shall issue an alarm user permit only after receipt of a completed
application and the appropriate fee and only after it is determined that the
alarm system meets the criteria of this article. Upon issuance of a permit, the
growth management department shall also issue a decal to the applicant,
which shall contain the permit number and the permit address. The decal
shall be prominently and permanently posted at or near the front entrance of
the premises so that the decal is visible from outside the premises and its
contents can be read. Failure to post the decal shall be a violation of this
article.
(c) Renewal. Alarm user permits expire one year from the date of
issuance and must be renewed each year by submitting an updated
application and permit renewal fee to the City. Failure to renew will result in
the alarm system being classified as a non-permitted alarm system.
(d) Fees. An annual permit fee shall be paid to the City regardless
of the type of alarm permitted. This fee shall offset the city's administrative
cost in ensuring that required alarm response information is current and
accurate and in maintaining alarm activity records.
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Sec. 8-127. Application Process.
(a) Forms. Each application for alarm system or device shall be
made on forms provided by the growth management department.
(b) Fee. Upon receipt of the completed application form and a
non- refundable fee of fifty dollars ($50.00) for a new permit and fifty dollars
($50.00) for a permit renewal, the growth management department shall
issue an alarm permit to an applicant unless the applicant is denied a permit
or has had an alarm permit for that same alarm system revoked.
(c) Required Information. Each permit application shall contain
the following information:
(1) The name, address and telephone numbers of the
person who will be the permit holder and be responsible for the proper
maintenance and operation of the alarm system and payment of fees
assessed by this article;
(2) The classification of the alarm site as residential (single
family or multi-family including the number of units), or non-residential;
(3) The make and type of alarm system and date of the
original installation or last maintenance of the alarm system, whichever is
applicable;
(4) The name, address and telephone number of the
person performing or directly supervising the installation of the alarm system;
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(5) The name, address and telephone number of the
person(s) responsible for the monitoring of the alarm system, if applicable
(i.e., other than property owner).
(6) The names, addresses and telephone numbers of three
(3) persons or entities to be contacted in the event of an alarm.
The alarm user applying for a permit shall further state on the permit
application the following information:
(1) That the alarm system has the capacity to prevent false
alarms by the use of a backup power supply.
(2) That the alarm system annunciator has the capacity to
automatically silence within 15 minutes and such alarm system will not sound
again unless the system is independently activated again.
(3) That the applicant has read the requirements of the City
Code and understands and agrees to abide by them.
(4) That the applicant understands and agrees that if an
audible alarm has not discontinued after being activated for fifteen (15)
minutes or the call-out contacts cannot be reached or have not responded
to the site within thirty (30) minutes of the call from the City, then such shall
constitute a violation of this Article and shall also constitute grounds for
revocation of the alarm user permit.
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(d) Non-assignable. Alarm users permits issued by the growth
management department are non-assignable and are effective only for the
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permitted alarm system and permitted user.
(e) Duty to notify. The alarm user shall give immediate notice to
the growth management department of any changes to the information on
the existing application. Failure to notify the growth management
department shall constitute a violation punishable as provided in section 8-
128.
(f) Alarm user permit issuance.
(1) Single-family residence. An alarm permit for a single-
family residence may be issued upon satisfactory completion of the
application as required above.
(2) Building or structures other than single-family
residences. In addition to satisfactory completion of the application required
above, an alarm permit for a location which is not a single-family residence
location may be issued only upon certification from an appropriately licensed
contractor, that the alarm system meets the minimum standards as set forth
in this article. All fire alarm systems must comply with applicable provisions
of the city fire prevention code, and further, the equipment must be approved
by UL (Underwriters' Laboratories), FM (Factory Mutual), or other approved
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testing laboratory for its intended usage. Furthermore, all alarm system
installations must comply with the South Florida Building Code.
Sec. 8-128. Denial or revocation; Appeals
(a) Any denial of an application for an alarm user permit shall be
made in writing, with a statement of the reasons for the action and a
statement of the right to an appeal, by certified mail, return receipt requested,
to the applicant. An application may be denied by the growth management
director, or his designee, for the following reasons:
(1) Falsification of any statement on the application.
(2) History of malfunctioning of the alarm system on the
premises, and no certification from an appropriately licensed contractor that
the system is currently certified by said contractor to be in good working
order.
(3) Whether the alarm system was installed with benefit of
a building permit and was accepted by the building official.
(4) Other pertinent factors which would impact on the ability
or frequency of law enforcement or fire/rescue to respond to the premises.
(b) An alarm user permit may be revoked by the growth
management department if the alarm user or any one acting on behalf of the
alarm user:
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(1) Fails to respond to an activated alarm when requested
to do so by law enforcement personnel or fire/rescue department; or
(2) Has been found to have falsified information on the
alarm user permit application; or
(3) Fails to take any corrective action, including inspection
and certification by an appropriately licensed contractor, when prescribed by
the growth management department, chief law enforcement officer or fire
chief to prevent the reoccurrence of excessive alarms; or
(4) Fails to post the alarm decal required in section 8-126.
(c) The applicant or permit holder may appeal the decision of the
growth management director to the city manager by filing a written request
for a review, setting forth the reasons for the appeal within ten (10) days after
receipt of the notice from the City.
(d) Filing of a request for appeal shall stay the action by the growth
management director revoking a permit until the city manager has completed
his review. If a request for appeal is not made within the ten (10) day period,
the action of the growth management director shall be final.
(e) Applicants or permit holders shall be entitled to a hearing, if
requested within fifteen (15) days of receipt of notice of a sustained
revocation or denial of permit by the city manager. The hearing shall be
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conducted by Dania Beach City Commission within twenty (20) days of
receipt of request for hearing by the City. Filing of a request for an appeal
shall stay the decision of the city manager.
(0 The city commission shall conduct a formal hearing and
consider the evidence presented by any interested person(s). The
Commission shall make their decision on the basis of a preponderance of the
evidence presented at the hearing. The Commission must render a decision
within thirty (30) days after the hearing is conducted. The Commission shall
affirm, reverse, or modify the action of the city manager. The decision of the
city commission is final as to administrative remedies with the city.
Sec. 8-129. Reinstatement of Permit.
(a) A person whose alarm user permit has been revoked may be
issued a new permit if the person:
(1) submits an updated application and pays a fifty dollar
($50.00) permit fee, and
(2) pays, or otherwise resolves, all citations in court issued
to the person under this article, or pays all Code Enforcement Board fines
(pertaining to alarms) or both, if applicable, and
(3) submits certification from an appropriately licensed
contractor that the alarm system has been inspected and is currently being
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maintained by, or with the direct supervision and approval of an alarm
company; or
(4) provides evidence that a new system has been installed
and is certified as stated in paragraph (3) above.
Sec. 8-130. Presumed excessive alarms — service fee.
(a) When the Broward Sheriff's Office responds to the same
premises in excess of three (3) times within any twelve (12) month period,
the alarm user shall pay a service charge of Fifty Dollars ($50.00) for each
such B.S.O. response.
(b) When the city fire-rescue department responds to the same
premises in excess of three (3) times within any twelve (12) month period,
the alarm user shall pay a service charge of One Hundred Dollars ($100.00)
for each such City fire-rescue response.
(c) Should the service charge remain unpaid for a period of thirty
(30) days past the rendering of the service fee, the city shall have a lien on
all lands or premises when either the B.S.O. or fire-rescue department has
responded to more than three (3) alarms. Such liens shall be prior to all
other liens on such lands or premises, except the lien of the state, county
and municipal taxes, and shall be on a parity with the lien of such state,
county and municipal taxes. Such liens, when delinquent for more than thirty
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(30) days, may be foreclosed by the city in the manner provided by state law
for the foreclosure of mortgages on real property.
(d) The city shall notify alarm users of each alarm response, as
well as the property owner where an alarm system is installed if different than
the alarm user, which exceed three (3) alarms to which either the B.S.O. or
fire-rescue department responded in any twelve (12) month period. Notice
from the city to any alarm user shall be deemed to have been given on the
date such notice is deposited in the U.S. mail, first class postage, prepaid,
addressed to the address where the city or B.S.O. responded.
Sec. 8-132. Certification required; alarm system in good working
order.
All alarm systems that have ten (10) alarm activations to which the
city or B.S.O. has responded within any twelve (12) month period shall be
inspected and certified by a licensed alarm company to the city that the
system is in good working order. If a repair has been made for the purpose
of bringing the alarm system into good working order then the repair shall be
described by the alarm company. This requirement shall be applicable each
time there has been ten (10) alarm activations of an alarm system to which
the city or B.S.O. has responded within any twelve (12) month period,
regardless of any previous certification(s) of the same alarm system. The
alarm user or property owner shall ensure that the provisions of this section
12 ORDINANCE NO. 24-98
shall be complied with and shall be jointly and severally responsible for
complying with the requirements of this section.
Sec. 8-133. Telephone Alarm Devices — Prohibited.
Telephone alarm devices are prohibited and shall not be connected
directly to a law enforcement office or fire department, but they are subject
to all other provisions of this article.
Sec. 8-134. Enforcement of Violations.
Any violation of this article may be presented to the code enforcement
board. The enforcement officer may prosecute a series of alleged alarm
violations in one notice of violation provided each alleged alarm is identified.
The code enforcement board will be able to impose a separate fine for each
determined separate violation even though they were prosecuted in one
notice of violation.
Sec. 8-134. Penalty.
Any person who violates the provisions of this article, in addition to
the remedies provided above, shall be subject to prosecution in a court of
competent jurisdiction.
Section 2. That existing Code Section 8-125 is repealed in its entirety.
Section 3. Should any section, paragraph, sentence, clause, phrase or other part
of this Ordinance be declared by a court of competent jurisdiction to be invalid, such
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decision shall not affect the validity of this Ordinance as a whole or any portion or part
thereof, other than the part declared to be invalid.
Section 4. The Ordinance shall take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED on first reading on November 24, 1998.
PASSED AND ADOPTED on second reading on December 8, 1998.
MAYOR —COMMISSIONER
A ST: ROLL CALL:
MAYOR CALI -YES
CITY CLER —AUDITOR VICE-MAYOR ETLING - YES
COMMISSIONER BERTINO— NO
COMMISSIONER MIKES - YES
APPROVED AS TO FORM COMMISSIONER HYDE - YES
AND CORRECTNESS:
6y:
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Aql
T O S J. ANSBRO
CITY ATTORNEY
1 14 ORDINANCE NO. 24-98
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S U N — S E N T I N E L
PUBLISHED DAILY
FORT LAUDERDALE• BROWARD COUNTY. FLORIDA
BOCA RATON• PALM BEACH COUNTY• FLORIDA NOTICE OF HEARING
MIAMI• DARE COUNTY• FLORIDA BORIDAORE RIGARDITY NGADOPTIONO CITY FTHEFOLLIA OWNG
PROPOSED ORDINANCES:
NOTICE IS H EREBY GIVEN that the City Commission of
!ATE 0 F FLORIDA the Cily 0f Dania Beach,Florida,on December 8, 1998 at
7:30 PM or as soon thereafter as the matter may be heard,
will conduct a public hearing in toe City Commission room
COUNTY OF BROWARD/PALM BEACHIDADE of the Dania City Hall, 100 West Dania Beach Boulevard,
Dania Florida to consider the proposed adoption of the
�HIFIED
EFORE E EIGNED_ AUTHORITY PERSONALLY A PP E following Ordinances emdled'
'AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI.
DA, AMENDING ARTICLE IV OF CHAPTER 18 OFTHE
. . •. • . WHO ON OATH SAYS THADING IN SECTION 18-
4oOE(Do OF AAN NCREASE OFTEOMIAXIMUM RETIREMENT
E• IS A DULY AUTHORIZED REPRESENTATIVE OF TH42N�(FI BYITENPERCENT'HE MONTHLY RETIREMENT
DEPARTMENT OF THE SUN—SENTINEL• DAILY eENEFIT FOR MEMBERS RETIRING ON OR AFTER
1/1/99 BY ONE PERCENT FOR THE 16TH THROUGH
NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE C C25TH YEARS OF SERVICE AND INCREASINGTHE MAXI.
TION BENEFIT
FOR FUTURE PERCENT
RE RESERVE DING IN AND
EC-
FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT, HEALTHINSRRANCE SUBSIDY;PROVIDING IN SECTION
18-43 B SPECIFIC LIMITATIONS ON PARTICIPATION IN
THE RROP- PROVIDING IN SECTION 18-441l A THAT
NOTICE SHALLL BE CONSIDEOYElf RBUTIONS PICKED UP ED AS EARNING OR
CALCULAT-
ING AVERAGE MONTHLY EARNINGS- PROVIDING IN
SECTION 18-44( (C1 AN INCREASE IN MAXIMUM AC-
IN THE MATTER OF CRUED BENEFIT LEVEL BE TEN PERCENT PROVIDING
FOR A SAVINGS CLAUSE'PROVIDING FOA A REPEAL-
ER; AND PROVIDING FOIi AN EFFECTIVE DATE.-
'AN ORDINANCE OF THE CITY OF DANIA BEACH FLORI-
AMENDING ARTICLE IV DA.AMENDING SECTION I8-29.2(b%11,18.29.PIER ,%ayp AND
THE
CODE 6FOPDINANC SLE HI PROVOIDIN1IGi�AAFOR AN INCREASE
IN THE CIRCUIT COURT. WAS PUBLISHED IN SAID NEWS P IN THE AMOUNT OF THE MONTHLY BENE-
FITS FOR GENERAL EMPLOYEES-RPROVIDING TFOR A
CHANGE IN THE AMOUNT OF MEMBER CONTRIBU-
TH E ISSUES OF TONS REQUIRED TO FUND SUCH INCREASE;PROVID.
ING FOR THE CITY'S'PICK UP'OF A PERCENTAGE OF
C • 11 ,1l 1 X MEMBER CONTRIBUTIONS:PROVIDING FOR AREPEAL-
ER PROVIDING FOR A SAVINGS CLAUSE-PROVIDING
FOR CODIFICATION;AND PROVIDING FOR AN EFFEC-
AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL TIVE DATE.'
NEWSPAPER PUBLISHED IN SAID BROW AR D/PALM BEACH/D A CITY OFORDINANCE
OF BEACH FLORIDAITY M SISSION OF TAR SHNGHA
W CODECOUNTY• FLORIDA• AND THAT THE SAID NEWSPAPER HAS .A MINIMUUMSWAGEE REQUIREMENDT�ON CERTTAIN CON-
STRUCTIONPROVDE
CONTRACTS:PROVIDING THAT ALL ORDI-
BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM 'LUTNIONSORPARTS ARTS FORDINANCDANDALL so
Fi
`LINTY• FLORZDA• EACH DAY• AND HAS BEEN ENTERED A PREPEALED ROVIDINGA SEVERANCE EXTENT S U E CLAUSE; UCH CONFLICT;
MATTER AT THE POST OFFICE IN FORT LAUD ERDALVIDING FOR AN EFFECTIVE DATE.-
BROWARD COUNTY• FLORIDA• FOR A PERIOD OF ONE YEAR'AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI-
DA, AMENDING ARTICLE I% OF CHAPTER 8 OF THE
PRECEDING THE FIRST PUBLICATION OF THE ATTACHED CSYSTEIPROVIIDINGSFORYATREGULATORLED YSYSTEnM+
ADVERTISEMENTS AND AFFI ANT FURTHER SAYS THAT HE/$FOR THEI ALARM
FEES.
NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORF ADMINIS-
TRATIONEAND A PIROCEIDURR FORSYSTEM
THE REVOCATION
ANY DISCOUNTS REBATE• COMMISSION OR REFUND FOR THEB1ILNNIEE AL° ESC - 5I TSETRYYPROVIDNGTEXISTING
ATLOR
OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN " RTBRPALNTCHEEXTLIFAND EEWIHEEEEDOT NO
NEWSPAPER. DATCH E.CONFLICT;AND PROVIDING FOR AN EFFECTIVE
'AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA,PERTAINING TO NO-
TICE IN CONNECTION WITH ZONING AND LAND USE
REGULATIONS CHANGES OR AMENDMENTS REPEAL-
. a...••. .. . .• . . •. • . .. . ... • INING SECTION 11.10.ENTITLED'AMENDMENTF TOZON.
G CODE AND/OR LAND USE PLAN'OF ARTICLE 11
GNATURE OF AFFI ANT) AMENDMENTS', OF CHAPTER 28 ZONING' OF TH9
CITY OF DANIA BEACH CODE OF 6RDINANC9S IN ITS
ENTIRETY;AMENDING SECTION 11.10.1 ENTITLED'PE-
TITIONER-APPLICANT REQUIREMENT' OF ARTICLE
SWORN TO AND SUBSCRIBED BEFORE ME CLARI APP'AMENDLICATION CHAPTER REQUIREMENTSZONING' TO
PERTAINING
THIS 27 DAY OF NOVEMBER TO PROPERTY OWNERS'REQUESTS FOR CHANGES TO
A.D. 9?B .. ••• • . •. •... - ZONING AND LAND USE REGULATIONS: FURTHER
�^_ /,\/_� PROVIDING A CONFLICTS CLAUSE A SEVERABILITY
CLAUSE;AND PROVIDING FOR AN CFFECTIVE DATE.'
A copy of these proposed Ordinances are on file In the
�. .. . .. ••• ...... Office Of the City Clerk,City Hell, 100 West Dania Beach
Boulevard, Dania, Florida,and may be Inspected by the
(SIGNATURE public durin normal working hours.
Intereste49parnes may appear at the aloressid meeting
)/ '•},�,`s and be hearE with respell to the Proposed.Any person
# ;L WYOOMMMIQN i who decides to appeal any decision made by the City
11! Commission with respect to any matter considered al this
�? Z9� hearing will need a record of the roceedings and for such
4� MYIbI TMI MMey HbC YM1ENwdoer., purpose may need to ensure the ss verbatim record of the
proceedings Is made,which record Includes me testimony
end evidence upon which the appeal Is to be based.
. . . . . • • • • •' • • In accordance with the American with Disabilities Act,
(NAME OF NOTARY TYPED• PR I1�(ED OR $TAMPED) persons needingshould assistance aria Jabalete it any of the
100
V/ Groceedinia each contact Marie Dania.
Flonilee a y3004, 100
West Dania Beach Boulevard.est72 Danis,Florida he me Ling
954)
92/at Charlene
rle 202 at least 72 hours prior to the meeting.
'RSONALLY KNOWN OR /DeputyaCityy Clerk lameccnia
/ November 2,, 199a
rRODUCED IDENTIFICATION . . .. . .. . . . .. . . .. .
j _—
LASON SYSTEM'S INC- 5W9 •IE'..
6954 N.W. 12 STREET, MIAMI,FLORIDA 33126
305-477-9149 • 800-287-4799 • FAX 305-477-7526
a
phOlOCOPY in poor
condition
FC 017
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