Ordinance 011-1988
Monroe County Commission
ORDINANCE NO. 011 -1988
AN ORDINANCE PURSUANT TO F. S. 125.0108
CREATING A TOURIST IMPACT TAX IN CERTAIN
AREAS OF MONROE COUNTY DESIGNATED AS AREAS OF
CRITICAL STATE CONCERN; LEVYING THE TAX AT
THE RATE OF ONE PERCENT UPON THE CONSIDERA-
TION FOR CERTAIN SHORT TERM LEASES OR RENTALS
OF ACCOMMODATIONS; PROVIDING FOR PROCEDURES
FOR COLLECTION; PROVIDING FOR DISTRIBUTION OF
REVENUES SO RAISED; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is desired to allow the electors of the Florida
Keys and Big Cypress areas of critical state concern and the
electors of the City of Key West area of critical state concern
to each decide whether they wish to impose the tourist impact tax
within their respective critical state concern areas; and
WHEREAS, the most administratively and legally appropriate
way to accomplish this desirable goal is to pass two (2) separate
ordinances authorizing the tax in each critical area, the
effectiveness contingent upon the elector's approval; now,
therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Pursuant to the provisions of F.S. 125.0108,
there is hereby levied and imposed a tourist impact tax within
the area of Monroe County designated areas of critical state
concern by F. S. 380.055; F. S. 380.0552; Chapter 28-36, F .A. C. ;
and 27F-3, F.A.C., upon the privileges and in the amount
described in Sections 2 and 3 of this Ordinance.
Section 2.
Every person who rents, leases, or lets for
consideration any living quarters or accommodations in any hotel,
apartment hotel, motel, resort motel, apartment, apartment motel,
roominghouse, mobile home park, recreational vehicle park, or
condominium for a term of 6 months or less, unless such
establishment is exempt from the tax imposed by F.S. 212.03 is
exercising a taxable privilege on the proceeds therefrom under
this section.
Section 3. The tourist impact tax shall be levied at the
rate of 1 percent of each dollar and major fraction thereof of
the total consideration charged for such taxable privilege. When
receipt of consideration is by way of property other than money,
the tax shall be levied and imposed on the fair market value of
such nonmonetary consideration.
Section 4. The tourist impact tax shall be in addition
to any other tax imposed pursuant to Chapter 212, Laws of
Florida, and in addition to all other taxes and fees and the
consideration for the taxable privilege.
Section 5. The tourist impact tax shall be charged by
the person receiving the consideration for the taxable privilege,
and it shall be collected from the lessee, tenant, or customer at
the time of payment of the consideration for such taxable privi-
lege.
Section 6. The person receiving the consideration for
such taxable privilege and the person doing business within the
geographical area described in Section 1 of this ordinance shall
receive, account for, and remit the tourist impact tax to the
Florida Department of Revenue at the time and in the manner
provided for persons who collect and remit taxes under part I of
Chapter 212, Laws of Florida. The same duties and privileges
imposed by part I of Chapter 212, Laws of Florida, upon dealers
in tangible property, respecting the collection and remission of
tax; the making of returns; the keeping of books, records, and
accounts; and compliance with the rules of the Florida Department
of Revenue in the administration of that part shall apply to and
be binding upon all persons who are subject to the provisions of
this Ordinance.
Section 7. All tax revenues received by the County
pursuant to this Ordinance shall be distributed as follows:
a.) Fifty percent shall be transferred to the Monroe
County Land Authority to be created by Ordinance, the
same to be used to purchase property in the areas
2
described in Section 1 of this Ordinance. An amount
not to exceed 5% may be used for administration and
other costs incident to such purchases.
b.) Fifty percent shall be distributed to the Board of
County Commissioners of Monroe County, Florida, to be
deposited in the general fund of Monroe County. Such
proceeds shall be used for ad valorem tax containment.
Section 8. Any person who is taxable hereunder who fails
or refuses to charge and collect from the person paying for the
taxable privilege the tax herein provided, either by himself or
through his agents or employees, is, in addition to being person-
ally liable for the payment of the tax, guilty of a misdemeanor
of the second degree, punishable as provided in F. S. 775.082,
F.S. 775.083, F.S. 775.084.
Section 9. No person shall advertise or hold out to the
public in any manner, directly or indirectly, that he will absorb
all or any part of the tax, that he will relieve the person
paying for the taxable privilege of the payment of all or any
part of the tax, or that the tax will not be added to the consi-
deration for the taxable privilege or, when added, that it or any
part thereof will be refunded or refused, either directly or
indirectly, by any method whatsoever. Any person who willfully
violates any provision of this paragraph is guilty of a misde-
meanor of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Section 10. The tax authorized to be levied by this
section shall constitute a lien on the property of the business,
lessee, customer, or tenant in the same manner as, and shall be
collectible as are, liens authorized and imposed in SSe 713.67,
713.68, and 713.69.
Section 11. If any sections, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 12. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
3
Section 13.
The effective date of the levy authorized by
this Ordinance shall be May 1, 1988, if the Ordinance is approved
by referendum at the primary election held on March 8, 1988, by a
majority vote of those qualified electors who reside in the
geographical area described in Section 1 of this Ordinance and
who vote in said referendum election. The referendum question
shall be presented in substantially the following form:
TOURIST IMPACT TAX
Should Monroe County Ordinance No.
-1988 be approved?
This Ordinance levies, in Monroe County, an area of critical
state concern, excluding Key West, a 1% tourist tax on:
each
dollar of the charge for the 6 month or less rental of tourist
accommodations.
The tax shall be used for the purchase of
property and for ad valorem tax containment.
YES
NO
Section 14.
This ordinance shall take effect immediately
upon receipt of official notice from the office of the Secretary
of State of the State of Florida that this ordinance has been
filed with said office.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byg~'.it-
a~rman
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
~~-1,J2~
~"~"~""-r
ADOPTED: 1-/9-'"
FILED WITH SECRETARY OF STATE: 1-~1~r8
EFFECTIVE DATE: 1- '"""2- '1- X~~~
BL/bpl
4
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, January 19, 1988 at 3:00 P.M. at the Elks Club,
Tavernier, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County Ordinance:
ORDINANCE NO.
-1988
AN ORDINANCE PURSUANT TO F. S. 125.0108
CREATING A TOURIST IMPACT TAX IN CERTAIN
AREAS OF MONROE COUNTY DESIGNATED AS AREAS OF
CRITICAL STATE CONCERN; LEVYING THE TAX AT
THE RATE OF ONE PERCENT UPON THE CONSIDERA-
TION FOR CERTAIN SHORT TERM LEASES OR RENTALS
OF ACCOMMODATIONS; PROVIDING FOR PROCEDURES
FOR COLLECTION; PROVIDING FOR DISTRIBUTION OF
REVENUES SO RAISED; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
DATED at Key West, Florida, this 30th day of December, 1987.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
_'-.;.7'-';"&::'r_
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THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
SSe
COUNTY OF MONROE)
Before the undersiged authority personally appeared.........
R. E. Harrison , who on oath says that he is ...... .....
Advertising Mqnager. of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida; that the
;
ii.'
attached copy of advertisement, being a
~..~,
Legal Advertisement
in the matter of
/ .-f I) ---/--:
I >'\ CQ J" ":\ Ct~) I5tL ly~j ,)~ MAf!ett: ,I~, /L \
( '. 'IJ ~ 'I
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was published in said newspaper in the issues of
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\,-!JI ;:L '/ (C,/Y; ~'v-.l'! /(/,1 ;'<)1;
_lL...-f '....> I, ,.....
Affiant further says that the said The Key West Citizen is
a newspaper published at Key West, in said Monroe County, Florida,
and that the said'newspaper has heretofore been continuously pub-
lished in said Monroe County, Florida, each day (except Saturdays)
and has been entered as second class mail matter at the Post Office
in Key West, in said Monroe County, Florida, for a period of one
year next preceeding the first publication of the attached copy
of advertisement; and affiant further 'says, that he has neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement
for publication in the said newspaper.
SHORN AND
befrJ, ~r,e e}J ,e
./i~)
this
k~A/L(~
I:OMM::~I:: ~t95t.
(SEAlJ)
NOTARY PUBLIC STATE OF rLORID~
MY COMMISSIon EXP JULY 27,1991
BONDEO IHRU GENERAL INS. UNO.
•
NOTICE OF INTENTION
• TO CONSIDER ADOPTION
•
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
, . Tuesday,.January 19, 1988 at 3:00 f
, P.M. at the Elks-Club, Tavernier,
Monroe County, Florida, the Board_k
of County Commissioners of Monroe
CountY,_Florlda,intends to consider {
J�. the atidoption-ofhe following County 1\
Ordinance:
ORDINANCE NO. =1988.• .
.• AN ORDINANCE PURSUANT TO
F.S4 , 125.0108 • CREATING 'A
(TOURIST.IMPACT TAX•IN CER-
(TAIN•AREAS OF MONROE COUN-
TY DESIGNATED AS.AREAS OF
.. CRITICAL STATE CONCERN; LE-.
VYING THE•TAX.AT THE RATE
OF1ONE PERCENT UPON THE
CONSIDERATION FOR CERTAIN ,
LEASES OR REN-
TALST OF RACCOMMODATIONS;M- .f
PROVIDING FOR PROCEDURES t
FOR COLLECTION;
DISTRIIBUT ONIDIOF
REVENUES:,SO RAISED; PRO-
VIDING FOR PENALTIES;.PRO-
VIDI NG •FOR -SEVERABILITY;
�PROVIDING. FOR THE REPEAL
OF, ALL ORDINANCES OR PARTS .
OF ORDINANCES IN'-CONFLICT
WITH THIS ORDINANCE; AND
PROVIDING:FOR AN EFFECTIVE
I DATE.
Pursuant to Section 286.0105,
Florida Statutes,notice is o
given that
if a person -decided to
appealea withny
decision. made by
• ` respect to any matter considered at,
such hearings or. meetings,. e will
need a record of the proceedings,_
and that, for such purpose, he.may
need to. ensure' that a verbatim
i recorf of the,proceedings, is made,..
i which record includes the testimony
and evidence upon which the-appeal
istobe based.` .
DATED at Key.West,Florida,this
30th day of December,1987.
DANNY L.KOLHAGE
Clerk of the Circuit Court
of Monroe County,Florida
and ex officio Clerk of the
Board of County Commissioners •
of Monroe County,Florida
' Dec.30,1987,Jan.6,1988
PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF MONROE )
Before the undersigned authority personally appeared CHARLOTTE S IKORA , who on oath, says
that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a Notice of Intention to Adopt
IN THE MATTER OF Ordinance re Tori ust Impact Tax , Certain Areas
in the
Court, was published in said
newspaper in the issues of Jan 6 , 1 3 , 1988
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
NOTICE•
TCONSIDERADOPTION
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously OF COUNTY ORDINANCE
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second TO WHOM IHEREBY
MAYBCONCERN
. that on Tuesday, January 19,
1988,;at 3:00 P.M. at the Elk's
Club---Tavernier Monroe Coun-
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one ty,' Iorida,the Board of County
Commissioners of Monroe
County, Florida,intends to con-
year next preceding the first publication of the attached copy of advertisement; and affiant further con-
sider County Ordinance the follow
ORDINANCE NO.-1988
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- AN ORDINANCE PURSU-
ANT TO F.S. 125.0106 CRE-
ATING A TOURIST IM-
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. PACT TAX IN CERTAIN
COUNTY DESIGNATED AS
MONROE
AREAS OF CRITICAL
STATE CONCERN; LEVY-
. ING THE TAX AT THE
RATE OF ONE PERCENT
UPON THE CONSIDERA-
TION FOR CERTAIN
SHORT TERM LEASES OR
RENTALS OF ACCOMMO- .
(SEAL) FFORIOPROCEDURESIDFOR
/ / COLLECTION•PROVIDING
��f�{'tT FOR DISTRIBUTIONSSORA OF
SWORN TO A SUBSCRIBED BEFORE ME THIS REVENUES RENAL-
PROVIDING FOR PENAL-
TIES„' PROVIDING FOR
SEVERABILITY• PROVID-
INGDAY OF _ A.D. 19 FORT N REPEAL OF
•
ALL ORDINANCESERE OR •
PARTS OF ORDINANCES
IN CONFLICT WITH THIS
- _, .�� ,-", .�- !•:_ �=e0 / ORDINANCE: AND PRO-
VI
_ nI/`�/ i VIDING FOR AN EFFEC-
TIVE DATE.
ARY PUBLIC STATE OF FLORIDA Pursuant to Section 286.0105,
Florida Statutes, notice is given
«V CQl1NZSSIDN EXP. AUG 28,1990 that if a person decided to ap-
peal®DNDED,�TNR11 GENERAL INS. UNDO Boardeal a with decision made by the
respect to any mat-
- ter considered at such hearings
or mtings,he willa rec-
ord of the proce dingse and that
- for such purpose, he may need
• to ensure that a verbatim record
of the proceedings is made,
which record includes the testi-
the appeal is to be based. which
DATED at Key West, Florida,
• this 30th DANNY L KOLIIAGE
Clerk of the Circuit Court
of Monroe County,Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County,Florida
Publish:Jan.06,13,1988
Florida Keys Keynoter
PROOF OF PUBLICATION
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authnri ty personally appeared DAGNY WOLFF
, who on oath, says that he is ED ITOR & PUBLI SHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
IN THE MATTER OF NOTICC or INTCNTION TO CONSIDCR ADOPTION OF COUNTY ORDINANCE
in the Court, was published in said
newspaper in the issues of 1-7 & 1-14-88
Affiant further says that the said REPORTER is a
newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been
continuously published in the said Monroe County, Florida,
each week (on Thursday), and has been entered as second
class mail matter at the Post Office in Tavernier, in said
County of Monroe, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of
securing this said advertisement for publication in the
said newspaper.
Paf11 ~)~
SWORN TO AND SUBSCRIBED BEFORE ME THIS
SEAL
14TH
DAY OF
A.D"19~ .
~--x/ ~
OT~RY PUBLIC
. "OTA~Y PuBLIC 3ToITt 'If fLORiDA
EXPIRES' lrI LD~~lssrON (X>', APi? ?,1991
~ IlGflDEU IIl,:I; DliiEPAL [NS. LNO,
~,
MY COMMISSION
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE j
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on ?
Tuesday,January 19,1988 at 3:00 P.M.at the Elks Club,Tavernier,Monroe
-' County,Florida,the Board of County Commissioners of Monroe County,Florida,
intends to consider the adoption of the following County Ordinance:
( ORDINANCE NO. -1988
- AN ORDINANCE PURSUANT TO F.S. 125.0108 CREATING A TOURIST
• IMPACT TAX IN CERTAIN AREAS OF MONROE COUNTY DESIGNATED
AS AREAS OF CRITICAL STATE CONCERN;LEVYING THE TAX AT THE .
RATE OF ONE PERCENT UPON THE CONSIDERATION FOR CERTAIN S
SHORT TERM LEASES OR RENTALS OF ACCOMMODATIONS;PROVIDING 5
FOR PROCEDURES FOR COLLECTION;PROVIDING FOR DISTRIBUTION t
OF REVENUES SO RAISED;PROVIDING FOR PENALTIES;PROVIDING ;;
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ,
• ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE;AND PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person
decided.to appeal any decision made by the Board with respect to any
matter ,
• , considered at such hearings or meetings,he will need a record of the proceedings,
and that,for such purpose,he may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony and evidence upon which
the appeal is to be based.
. DATED at Key West,Florida,this 30th day of December,1987.
} DANNYL.KOLHAGE
Clerk of the Circuit Court
of Monroe County,Florida
• and ex officio Clerk of the
Board of County Commissioners
, . . '" of Monroe County,Florida
i I Published:117&1114/88
The Reporter
Tavernier,FL 33070 _ ____�_
t
- -
1llannp JL. i&olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. (305) 294-4641
January 27, 1988
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 011-1988 concerning the creation of a tourist impact tax
in certain areas of Monroe County designated as Areas of
Critical State concern; etc.
This Ordinance was adopted by the Monroe Counity
Board of County Commissioners at a Regular Meeting informal
session on January 19, 1988.
Please file for record.
Very truly yours,
Danhy L. Kolhage
Clerk of the Circuit Court and
ex officio Clerk to the Board
of County Commissioners
By:
Rosalie L. onnolly
Deputy Clerk
cc: Mayor E. Lytton
Commissioner W. Freeman
Commissioner J. Hernandez
Commissioner M. Puto
Commissioner J. Stormont
County Attorney L. Proby
County Administrator T. Brown
Finance Director J. Matthews
TD~Sandy Higgs
vF'11e ~/ ~4] 0;55 :?Ou
FLORIDA DEPARTMENT OF STATE
Jim Smith
s'" f{'tdl\ 01 Steltl'
Dorothy W. Joyce
Division Director
February 1, 1988
Honorable Danny Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connally, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of
and certified copy/ies of Monroe
County Ordinance(s) Emergency Ords. 88-6. 88-7. 88-8
and regular Ords. 88-~O, 88-10A, 88-11. and 88-12
January 27, 1988
2. Receipt of
relative to:
'County Ordinance(s)
(a)
which we have numbered
( b )
which we have numbered
3 .
We have filed Vhi~/these ordinances in
January 29,
this office
on
1988 .
4. The original/duplicate copy/ies showing the filing date
is lare being returned 'for your 'records.
~~.r:1Y'~
~it$. Chief
Bureau of Administrative Code
Lei
mb
DIVISION OF ELECTIONS Room H~O I, The Capitol, Tallahassee, Florida 32301
, ~~04) 488-7SfjO
a •SENDER: Complete items 1,2,3 and 4.
m
o Put your address in the"RETURN TO"space on the
3 reverse side.Failure to do this will prevent this card from P-5 9 5 085 • 200
being returned to you.The return receipt fee will provide
you the name of the person delivered to and the date of i RECEIPT FOR CERTIFIED MAIL
•
-' delivery. For additional fees the following services are
NO INSURANCE COVERAGE PROVIDED
k available.Consult postmaster for fees and chock box(es) NOT FOR INTERNATIONAL MAIL
q for service(s)requested.
(See Reverse)
'F• 1. 0 Show to whom,date and address of delivery. ra Sent to
S Mrs. Liz Cloud, Chief
t 2. 0 Restricted Delivery. ei
in Street and No.
gV '. Dept of State, The Capitol .
3. Article Addressed to: P.O. State and ZIP Code
Mrs. Liz Cloud, Chief t. -Tallahassee, FL 32301
Bureau of Admin Code and'-Laws Postage s o�'
Department of State --
The Capitol Certified Fee . -25-
Tallahassee, FL 32301 '
4. Type of Service: Article Number Special C!Iivery Fee
-
❑ Registered ❑ Insured Restricted Delivery Fee
)7120rCertified 0 COD P 593 08,5-z200 ,
❑ Express Mail ,.; .•` Return Receipt showing rrr
�'- to whom and Date Delivered
Always obtain signature of addressee or agent and.?•'i, er,°D Return Receipt shnwino to whom.
DATE DELIVERED. i i - `-
Date.and Address of Delivery Cn
5. Signature Addr J; -. -.
G g r r` �r D TOTAL Postage and Fees NIMI
I—
co
y 6. Sig —A t - `=''" 04 Postmark or Date���
F5 X l E
xl 7. Date of Delivery
—mt i i I\! ' ;l e.I.qqp ' lL
Ct?09,,,,) :`7:)
z a. Addressee's Addresc.(ONLY if requested and fee paid) �.
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