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File ID: #10797
Ordinance
First Reading
Sponsored by: Alex Diaz de la Portilla, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BICYCLES,
SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES", TO REPEAL THE
PILOT PROGRAM FOR MOTORIZED SCOOTERS; MORE PARTICULARLY BY
AMENDING ARTICLE 1, SECTION 8-5, TITLED "GENERALLY/PARENTS AND
GUARDIANS NOT TO PERMIT VIOLATIONS OF CHAPTER; SAFE DRIVING", TO
ELIMINATE REFERENCE TO MOTORIZED SCOOTERS; AND ELIMINATING
ARTICLE II, TITLED "MOTORIZED SCOOTERS", IN IT ENTIRETY; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 10797 (Revision:) Printed On: 6/3/2025
City of Miami
Legislation
Ordinance
File Number: 10797
Final Action Date: 11/18/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 8 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BICYCLES,
SKATEBOARDS, SCOOTERS, AND OTHER SIMILAR DEVICES", TO REPEAL THE
PILOT PROGRAM FOR MOTORIZED SCOOTERS; MORE PARTICULARLY BY
AMENDING ARTICLE 1, SECTION 8-5, TITLED "GENERALLY/PARENTS AND
GUARDIANS NOT TO PERMIT VIOLATIONS OF CHAPTER; SAFE DRIVING", TO
ELIMINATE REFERENCE TO MOTORIZED SCOOTERS; AND ELIMINATING
ARTICLE II, TITLED "MOTORIZED SCOOTERS", IN IT ENTIRETY; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 11, 2018, the City Commission adopted Ordinance No. 13695
creating the motorized scooter pilot program ("Pilot Program") in City Commission District 2
within the City of Miami ("City"); and
WHEREAS, on September 26, 2019, the City Commission adopted Ordinance No.
13862 to add additional operational rules to the use of motorized scooters, extend the Pilot
Program, and add penalties for noncompliance; and
WHEREAS, pursuant to Resolution No. R-10-0520 adopted on December 12, 2019 and
Resolution No. R-20-0040 adopted on February 13, 2020, the Pilot Program was extended to
April 15, 2020; and
WHEREAS, pursuant to Resolution No. 20-0297 adopted on September 24, 2020, the
Pilot Program was extended until a rollout of a permanent Motorized Scooter Program or until
the end of the Pilot Program period established by Section 2-33(c)(9) of the Code of the City of
Miami, Florida, as amended ("City Code"), whichever is sooner; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to repeal the Pilot Program;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 8 of the City Code is amended and repealed in the following
particulars:'
"CHAPTER 8
BICYCLES, SKATEBOARDS, SCOOTERS AND OTHER SIMILAR DEVISES
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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ARTICLE I GENERALLY
Sec. 8-5. - Parents and guardians not to permit violations of chapter; safe driving.
No parent of any minor child and no guardian of any minor ward shall authorize or
knowingly permit any such minor child or ward to violate any of the provisions of this chapter.
All Operators of Motorized Scooters as referenced in this Chapter shall abide by
Zone.
ARTICLE II MOTORIZED SCOOTERS
Sec. 8 8. Applicability, Policy Statement tease.
This Article is supplemental to the general laws of the State of Florida, including Chapter 316,
Florida Statutes, titled "State Uniform Traffic Control." All definitions from Sections 316.003 and
3-1 21-22-8, Fl Statutes, are incorporated her - by reference i-ng the definition of
"Motorized Scooter." This Article shall apply to any and all Motorized Scooters and Motorized
This Article is intended to govern the operation of Motorized Scooters and Motorized Scooter
Services within the City to ensure that they are consistent with the safety and well being of all
United States Department of Transportation Secretary or as expressly allowed by 23 United
States Code Section 217(h). The Pilot Program under this Article shall apply to the area of the
City within City Commission District 2. Motorized Scooters are not authorized by the Pilot
Program under this Article in any area of the City other than City Commission District 2.
Sec. 8 9. Definitions.
As used in this Article the following definitions apply:
Application Programming Interface Key. The term "Application Programming Interface Key"
("API Key") shall mean a code pa-sed in by computer programs calling an application
programming interface ("API") to identify the calling program, its developer, or its user to the
web site.
Bike Lane. The term "Bike Lane" shall mean a part of the road which is intended to be used in
part by people riding bicycles.
Bike Path. The Term "Bike Path" shall mean a bikeway separated from motorized traffic and
dedicated to cycling or shared with pedestrians or other users.
License. The term "License" shall mean the document by which a privilege is granted by the
License issued in accordance with this Article shall be nonexclusive.
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Motorized Scooter(s). The term "Motorized Scooter(s)" shall have the meaning ascribed to it in
device, with an electric motor, designed to transport only one person, exclusively or in
combination with the application of human power, which cannot attain a speed of more than
fifteen (15) miles per hour without the application of human power on a level surface.
Motorized Scooter Service. The term "Motorized Scooter Service" shall mean a system in which
price or fee.
Operator. The term "Operator" shall mean an individual or company that has been issued a
License pursuant to this Article and/or pursuant to any appropriate procurement process, if
Rebalance. The term "Rebalance" shall mean moving Motorized Scooters from an area of low
demand to an area of high demand.
Sidewalk. The term "Sidewalk" means that portion of the public right of way between the back
of curb lines or the lateral lines of a non driving lane separated by curb and the adjacent
property;„eS -ere a-thiee-foot minimum clearance is a„ailable tram pedestrians and intended
for public use. There may also be a median strip or road verge (a strip of vegetation, grass or
Building Baseline).
sidewalk width perpendicular to thc road timcs thc sidewalk length along and parallel to the
road.
Transit Facility. The term "Transit Facility" means a facility providing accommodations by public,
private, or nonprofit entities for the conveyance of persons from one place to another by means
of a transportation system, including but not limited to: bus terminal, railroad station, freight
terminal, airport, helistop or seaport.
Sec. 8 10. Rules and Regulations.
a. The City Manager, or his or her designee, may administratively issue, promulgate and
establish additional rules and regulations, consistent with this Article and applicable state
and federal laws, as dctcrmincd to affect the policy of this Article. All additional rules and
regulations shall be made available on the City's website.
b. Pilot Program: The City hereby establishes a six (6) month pilot program (the "Pilot Term")
for the operation of temporary Pilot Program Licenses within the boundaries of Commission
District 2.
1. Operators shall have a maximum initial fleet of one hundred (100) Motorized Scooters.
Each Operator will deploy no more than fifty (50) Motorized Scooters during the first two
weeks of the Pilot Program.
2. The City shall allow Operators to increase their fleet size on a monthly basis by a
maximum of 25 percent (25%) if Operator's usage data demonstrates that their fleet
provides on average more than three (3) rides per Motorized Scooter per day. The
increase in vehicles on the street or sidewalk/sidewalk area shall not exceed the amount
required to keep usage rates at or above three (3) rides per Motorized Scooter per day.
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The City may also require Operators to reduce their fleet size on a monthly basis by
twenty five percent (25%) if Operator's usage data demonstrates that their fleet provides
on average less than two (2) rides per Motorized Scooter per day.
3. Notwithstandi-n-g-S-ubsection (2), the City retains the right to require Operators to reduce
their fleet size or cease operations in the event that Operators repeatedly fail to timely
rebalance or remove vehicles blocking the right of way or provide timely responses to
complaints received by the City.
4. During the duration of the Pilot Program, Operators shall designate two (2) local
providing public education.
5. On or before the expiration of this Pilot Program, the City Manager or his designee shall
report to the City Commission on the status of the Pilot Program. Following the City
Manager's report, the City Commission will consider the City's options relative to the
Pilot Program including: discontinuing, reinstating, or expanding the Pilot Program,
Motorized Scooter License program, or such other measures as determined to be in the
City's best interests .
Sec. 8 11. Application for Pilot Program License
a. A personrrmay-1t-operatc or cause or permit the „perati„n of a Motorized Scooter
Service for the duration of the Pilot Program without first having obtained a valid Pilot
Program License issued under this Article.
b. A person desiring to obtain a License shall make a written application in a form
prescribed by the City Manager, or his or her designee, with the applicant being the
person who will own, control, or operate the proposed Motorized Scooter Service.
c.
contains the following:
iThe address of the applicant's operations center within the City 0 rl githe address of
center;
ii. A witne-sed signature of the applicant;
iii. Documentary evidence from an insurance company indicating that such insurance
company has bound itself to provide the applicant with the insurance required by the
Article;
iv. Documentary evidence from a bonding or insurance company or a bank indicating
that the bonding or insurance company or bank has bound itself to provide the
applicant with the paymcnt and performance bond or irrevocable letter of credit
required by this Article;
v. Documentary evidence indicating that the applicant has applied for and received a
current Certificafe of l lseB lsinessTax Receipt, Occupational License, and similar
permits and approvals, as applicable;
vi. An agreement to indemnify the City, in a form acceptable to the City;
vii. The name of the person designated to receive any and all notices sent by the City to
an8
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viii. The name -of the person designated to Rebalewe, rem ve and/c/orrelclocate
Motorized Scooter(s), including their mailing address, telephone number, and e mail
address.
d. The application shall be accompanied by a non refundable licensing fee of $50,000,
which shall be used to offset and -sects to the City and/or the Department of Off Street
and/or street improvements within the Pilot Program Area.
e. A Pilot Program License shall expire six (6) months from the date it is issued.
f. In the event that the Pilot Program is reinstated by vote of the City Commission, Pilot
Program License(s) may be renewed following the same process set forth in this
Section.
g. The City Manager, or his or her designee, reserves the right to cancel any License, if
there is a violation of the Article, violations involving public health, safety or general
welfare, failure to maintain the required insurance or bonding or otherwise comply with
this Article, or for other good and sufficient cause as determined by the City Manager in
his or her sole discretion.
Sec. 8 12. Motorized Scooter Fee.
In addition to the non refundable licensing fee set forth in Section 8 11, Operators shall remit to
the City a Motorized Scooter Fee in an amount equivalent to one dollar ($1.00) per Motorized
Scooter per day. The Motorized Scooter Fee shall be calculated monthly based on usage data.
During the duration of the Pilot Program, this Motorized Scooter Fee shall be designated for
sidewalk/sidewalk area and/or street improvements within Pilot Program 4rea
deb. 8. otorized SSccooter Pa�—arking.
a. Motorized Scooters must be parked on a Sidewalk or other hard surface, beside a
private-prepe#ty me -permission of the property owner.
b. Motorized Scooters may not be parked at bicycle docking stations located on City and/or
MPA property with an existing agreement.
c. Motorized Scooters must be upright while parked.
d. Motorized Scooters may not be parked in a manner that would impede normal and
reasonable pedestrian asses on a Sidewalk or in any manner that would reduce the
rninimum clear width of a Sidewalk to les6 than 3 feet.
e. Motorized Scooters may not be parked in a manner that would impede vehicular traffic.
f. Motorized Scooters may not be parked in a manner that would impose a threat to public
safety or security.
g. Motorized Scooters may not be parked on a block where the Sidewalk is at any point
ae: than 6 feet in width, or on a block that does not have Sidewalks.
h. Motorized Scooters may not be parked in a visibility triangle as defined in Section 54 1
of this Code, measured in accordance with Section 3.8.4 of Miami 21 Code, the Zoning
Ordinance of the City of Miami, Florida, as amended.
i. Motorized Scooters must be parked in a manner that is compliant with the applicable
provisions of the Americans with Disabilities Act of 1990.
j. Motorized Scooters may not be parked in a way that blocks:
i. Fire hydrants call boxes or other emergency facilities;
ii. Transit Facilities;
iii. Loading spaces or zones;
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iv. Passenger loading spaces or zones nr „ale+ parking ser areas,
v. Railroad tracks or crossings;
vi. Disabled or prohibited parking zones;
vii. Street furniture that requires pedestrian access (for example, benches, parking pay
stations., or bicycle/news racks);
viii. Window Displays;
ix. Building entryways; or
x. Vehicular driveways.
k. Motorized Scooters that are parked in an incorrect manner must be re parked, removed
City.
I. The City or the MPA may identify designated Motorized Scooter parking zones in order
to guide riders to preferred parking zones and assist with the orderly parking of
Motorized Vehicles throughout the City.
Sec. 8 1/1. Operation
a. No one under the age of 18 shall operate a Motorized Scooter.
b. rc chill nmm�ly wi+h III aoolicable n Iles rea ilatinns ar
additional rules and regulations promulgated by the City Manager, or his or her
designee.
Percons-operating Motorized S otees shall be O14eGt to all rules, regulations, and lam
including any additional rules and regulations promulgated by the City Manager, or his or
have no application. The City Manager may consider the following factors in
promulgatinge-4es: The National Association of City Transportation Officials
recommendations, inclusive of, cities should require Licensees to come to agreement
with the city on procedures and protocols for:
• extreme weather (e.g. blizzards, hurricanes, floods)
• emergencies (e.g. earthquakes, fires, etc.)
• special events (e.g. marathons, events, parades, film shoots, etc.)
- maintenance (e.g. debris and trash removal) for small vehicle parking zones.
Operators shall at all times maintain a staffed operations center within the City;
c. Operators shall maintain a twenty four (24) hour customer service phone number
prominently posted on each Motorized Scooter for customers and citizens to report
be relocated.
d. Operators shall provide the City with the contact information for someone who can
Rebalance, remove, and/or relocate Motorized Scooter(s). The Operator shall
Rebalan o dior r�nate a Motorizes! Scoo+er(s hin tw `) h�-hours of
rc ura�rTEe-�eFl�6v�a�icrrvrT scree-a-rv-rvcvrr�ca�cvvc crrirr
receiving notification from the City. An Operator shall notify the City within 24 hours of a
change in contact information.
e. Any Motorized Scooter that is removed due to maintenance or safety issues shall be
repaired before being returned to service.
f. The City and/or MPA may, without prior notice to the Operator, remove any Motorized
Scooter(s) that is/are visibly damaged or non functional, or blocking the public right of
of not to exceed $25.00 per scooter for removal and storage. The City and/or the MPA
shall invoice the Operator for the cost of removal and storage. Any Motorized Scooter
that remains unclaimed with the City and/or MPA for five (5) days is subject to sale
pursuant to the procedures for abandoned or lost property set forth in Section 705.103,
Florida Statutes, or by any other method allowed by the laws of the State of Florida or
the City.
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g. Motorized Scooters must be well maintained and in good operating condition.
h. Motorized Scooters must be of a high quality and sturdily built to withstand the effects of
weather and constant use for a period of no less than five (5) years.
i. Motorized Scooters must be rebalanced on a daily basis.
j. Motorized Scooters shall not display any third party advertising.
k.
technology.
IEach Motorized Scooter shall display the name of the Operator (and if it can be
0
accommodated the local business address) along with a unique identification number.
m. Operators shall educate persons operating Motorized Scooters regarding the rules,
4 n Operator's mobile application must provide information notifying a i ser that•
manner similar to bicycles;
i.i Motorized Scooters are to he operated at a person's own risL oand that no
representation is being made by the City as to the condition of any Sidewalk or
Sidewalk Area;
iii. Motorized Scooters shall at all times yield to pedestrians and shall give an audible
signal before overtaking and passing such pedestrian;
The i ice of helmets while operating a Motor Scooter is strongly encoi iraged• and
n.
regulations and law
well -was safe,pi den defC live and courteoi is operation
o. Operators shall work with local businesses or other organizations to promote the use of
helmets by persons operating Motorized Scooters through partnerships, promotional
credits and other incentives
p. Operators shall not place or attach any fixtures, structures, or personal property, other
than a Motorized Scooter, in the public right-of-way without the written permission of the
City Manager or his or her designee. Permission to place any items in the public right of
way must be incorporated into the License.
q. If the City incurs a cost in addressing or abating any violation of this Article, or incurs any
cost of repair or maintenance of any public property resulting from the use of Motorized
Scooters, the Operator shall reimburse the City for the full cost within thirty (30) days of
receiving written notification from the City.
Sec. 8 15. Data Sharing
a. Operators shall cooperate with the City in the collection and analysis of aggregated data
concerning its operations / ll data fi irnished i ender Section 8 '15 will he in a form
reasonably acceptable to the Chief Information Officer of the City.
Operators shall provide the City with real time information on all Motorizcd Scootcrs
operating within its boundaries through a documented API. Operators shall provide the
with the procedure and credentials to authenticate to the API.
b.
ach Motorizcd Scooter. Thc City shall bc permittcd to display real time data provided
via the API and may publish real time Motorized Scooter availability data to the public.
c.
ach Motorizcd Scootcr. Thc City shall bc permittcd to display real time data provided
via the API and may publish real time Motorized Scooter availability data to the public.
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d. Operators shall also provide the following anonymized data for each trip record through
the API
Field -Name
ti
Company Namo
Trip Record Number
Trip Duration
Trip Distanco
Start Dato
Start Tim°
End Dato
End Time
Start Location
End Location
Identification Number
Format
[Company Name}
XXX0001, XXX0002,
XXX0003, ...
MM:SS
Feet
M M /D D/YYYY
HH:MM:SS (00:00:00
MM/DD/YYYY
HH:MM:SS (00:00:00
XY or Lat/Lon Coordinates
XY or Lat/Lon Coordinates
Desc
N/A
3 Letter Company Acronym +
Consecutive Trip Number
N/A
N/A
N/A
N/A
N/A
N/A
N/A
XY or Lat/Lon Coordinates N/A
x)xx1, x)xx2, ... Unique Identification for Every
Motorized Scooter
Route: Licensee will create a GeoJSON Feature Collection where every observed point
in the route, plus a time stamp, should
be�included. The route must include at least two
(2) Points sstait point-andren-ld poi t. Ad itiorrially, i st cl de all possible GPS
camplcs collected by a provider.
Standard -Cast: The cost, in cents that-it-wa61-14-sest to perform that trip in the standard
operation of the System.
Actual Gast: The actual -Gast in cents paid by the user for the trip.
Sec. 8 16. Insurance Requirements
a. An Operator shall procure and keep in full force and effect no less than the insurance
company or companies authorized to do business in Florida, who are rated A (V) or
better per A.M. Best's Key Rating Guide.
b. The insured provisions of the policy or policies must list the City, the MPA, thcir officcrs
coverage for any to-s or damage that may arise to any person or property by reason of
the operation of a Motorized Scooter.
c. An Operator shall maintain the following insurance coverages:
i_ Commercial general liability with limits of $2,000,000 per occurrence, $5,000,000
policy aggregate affording coverage for claims resulting from bodily injury (including
death) and property damage. The policy shall be written on a primary and
inII ry and contingent and contractual exposureC
ii. Automobile/Motorcycle liability affording coverage on all motor vchicics/scootcrs
used in connection with the operations or activities contemplated under this Article.
The Operator should furnish the City with a policy affording coverage on all owned
autos and scootcrs, including covcragc for hircd and non owned auto exposures,
with a combined single limit for bodily injury (including death) and property damage
of $2.000.000 per accident.
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lii. Workers Compensation subject to the statutory limits of the State of Florida.
iv. The City retains the right to require additional insurance coverage in connection with
the activities performed by the Operator under this Article as may be determined by
the City Risk Management Director, considering the size of the fleet and other
liability insurance related factors.
v. Failure to maintain required insurance coverage is cause for immediate cancellation
of the License by the City Manager or his or her designee.
d 4n y insurance policy required by this Section must be on file with the Risk Management
Department, in a form acceptable to the City Manager, or his or her designee, prior to the
issuance of a License under this Article.
e. Insurance required under this Section must include a cancelation provision in which the
insurance company is required to notify both the Operator and City Manager, or his or
her designee, in writing not fewer than thirty (30) days before cancelling any insurance
policy or before making a reduction in coverage. An Operator, upon receiving said
notice, shall file with the Risk Management Department, in a form acceptable to the City
cancelation or reduction of the same.
f. An Operator may not be self insured.
Sec. 8 17. Performance Bond or Irrevocable Letter of Credit.
a. An Operator shall submit to the Risk Management Department a payment and
performance bond, in a format-a.-prcccribed in Section 255 05 Florida Stag 1tes anal in
a form acccptablc to thc City Manager, or his or her designee, prior to the issuance of a
License under this Article.
b.
authorized to transact business in Florida.
c. The payment and performance bond or irrevocable letter of credit shall be in the sum of
d. The payment and performance bond or irrevocable letter of credit must remain in effect
for the duration of the License.
e. Cancellation of the payment and performance bond or irrcvocablc Icttcr of crcdit docs
not release the Operator from the obligation to meet all requirements of this Article and
License. If the payment and performance bond or irrevocablc Icttcr of crcdit is
cancelled, the License shall be suspended on the date of cancelation and the Operator
shall immediately cease operations until the Operator provides thc City Manager, or his
or her designee, with a payment and performance bond or irrevocable letter of credit that
meets the requirements of this Section.
Sec. 8 18. Indemnification.
and thcir rcspcctivc officcrs, cmployccs, agcnts and instrumentalities fr„m are„ and all liabilit„
lo-ses or damages, including any and all attorneys' fees and costs of defense, which the City
demands, suits, causes of actions or proceedings of any kind or nature including, but not limited
to, personal injury or wrongful death, property low or damage, the conditions and features on all
Sidewalks and Sidewalk Areas, or other areas within the City on which a Motorizcd Scootcr is
operated, to the extent arising out of or in any way connected with the operation of the
Motorized Scooter Service or use of a Motorized Scooter. Operators shall pay all claims and
lo-ses in connection therewith and shall investigate and defend all claims, suits or actions of
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thereon. Operators shall expressly understand and agree that any insurance protection
required by this Article, or otherwise provided or secured by an Operator, shall in no way limit
the responsibility to indemnify, defend and hold harmless the City, the MPA, or their officers,
License. The Operators will acknowledge on the License Application Form, which will include
this Indemnification in substantially the language provided by this Section, that the granting of
the License is, in part, conditioned on the granting of this Indemnification which is knowingly and
voluntarily given by the Operators.
Sec. 8 19. The Motorized Scooter Pilot program will automatically terminate on April 30, 2019 or
six (6) monthc from the cffcctivc datc this Ordinance, whichever occurs last.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City tutor ey 10/4/2021
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
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