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Ordinance 007-2008 ORDINANCE NO. 007 - 2008 AN ORDINANCE CLARIFYING THE AUTHORITY FOR THE APPOINTMENT OF MEMBERS TO THE MONROE COUNTY SHARED ASSET FORFEITURE FUND ADVISORY BOARD; PROVIDING FOR TERMS OF MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Monroe County Board of County Commissioners, in Ordinance No. 30- 2000, established the Monroe County Shared Asset Forfeiture Fund Advisory Board (Board) for the purpose of conducting public hearings and making recommendations to the Board of County Commissioners regarding the expenditure of funds in the Sheriff's Shared Asset Forfeiture Fund (SAFF) Account, as codified in Monroe County Code Section 2-601, et. Esq.; and WHEREAS, the ordinance provided for two members of the Advisory Board to be appointed by the Sheriff; and WHI;REAS, the Board of County Commissioners may not delegate their discretion to make appointments to advisory boards without setting up an appointment process with such detailed criteria as to remove discretion from the process; and WHEREAS, it is deemed in the best interests of the public to clarify the authority for appointment of members to the advisory board, and their terms of appointment; now therefore, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Sec. 6-201(b), Monroe County Code is hereby amended to read as follows: (b) The Board consists of seven (7) members appointed by the Board of County Commissioners upon the following nominations: One (1) nominated by each County Commissioner and two (2) nominated by the Sheriff A vacancy shall be filled by nomination by the Commissioner for the district, or the Sheriff, who made the previous appointment for the vacant seat. Each member shall serve a two year term and may be reappointed without limitation on the number of consecutive terms served. The Sheriff's General Counsel is the counsel to the Board. The Sheriff shall furnish a secretary to the Board to keep the minutes and records of the Board. The Sheriff is the custodian of the Board's records. The Board must annually elect a chairman and vice-chairman. The Board may adopt such rules of procedure as it deems necessary and may amend such rules from time to time. The Board members are not entitled to any compensation for their service on the Board but are entitled to reimbursement for expenses pursuant to F.S. 9 112.061. Section 2. 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, as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the lQ.. th day of J anuarv , 2008. Mayor Charles "Sonny" McCoy Y.es Mayor Pro Tern Mario DiGennaro Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes ,.Qommissioner Dixie M.Spehar ~ BOARD OF COUNTY COMMISSIONERS OF MON COUNTY, FLORIDA tiepl1ty Clerk By Date ::J: ....., = C) 0 = z P = .." ;.~- :;0 ,""" -;"1 o("'")z /'TJ P1S:-' <:0 -,"- r.;. I " 00: -.. .,;' -0 Cl :::l: -'1 ~ , r-;'1 .:- )> W SAFF Adv Bd Ordinance 2008 2 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 3.1040 TH. (305) 294-4641 FAX (005) 295-3663 BRANCH OFFICE: PLANTATION KFY GOVERNMEl'\T CEl'\TER 88820 OVERSEAS HIGHWA Y PLANTATION KEY, FLORIDA 33070 TEL (305) 852~71.l5 FAX (305) 852-7Hb BRANCH OFFICE: M{\I~ATHON SUB COURTHOUSr 3117 OvrRSEAS HIGHWAY MARATHON, FLORIDA :n050 TEL. (O(5) 289-6027 F.\'\ (:\05) 28g-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.c1erk-of-the-court.com ROTH BUILDING 50 HIGH POINT RO.i\D PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 February I, 2008 Ms. Liz Cloud, Program Administrator Administrativt: Code & Weekly R.A. Gray Building 500 S Bronaugh Street Tallahassee FL 32399-0250 Via Certified Mail 7005 1160000038412068 Dear Ms. Cloud, Enclosed are certified copies of the following: Ordinance No. 006-2008 amending Section 2-299, Monroe County, providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Ordinance No. 007-2008 clarifYing the authority for the appointment of members to the Monroe County Shared Asset Forfeiture Fund Advisory Board; providing for terms of members; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on January 16,2008. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D. C. cc: Via E-Mail to the/ollowing: Municipal Code TDC County Attorney BOCC MCSO File R: COMPLETE THIS SECTION III · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronaugh Street Tallahassee, Florida 32399-0250 <>r.J"~I"'''c-c... .., < ".7 2. Article Number (TransfElr from servIce labeQ PS Form 3811 , February 2004 COMPLETE THIS SECTION ON DELIVERY A. Signature x o Agent Addressee e of Delivery o. DYes o No CLEARED 3. Seplce Type [!( Certified Mail o Registered o Insured Mall o Express Man o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) o Ves 7005 1160 0000 3841 2068 Domestic Return Receipt 10259.'i_n?_M_1"""-" ~~<WE~ FLORIDA DEPARTMENT aT STATE . . CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State February 7,2008 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated Febmary 1, 2008 and certified copies of Monroe County Ordinance Nos. 006-2008 and 007- 2008, which were filed in this office on February 4, 2008. Sincerely, ~CJilu~ Liz Cloud Program Administrator LC/jru DIRECTOR'S OFFICE R.A. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.n.us COMMUNITY DEVELOPMENT 850.245.6600 . FAX: 850.245.6643 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 STATE ARCHIVES OF FLORIDA 850.245.6700 . FAX: 850.488-4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMINISTRATIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282 Page 1 of2 Pam Hancock From: To: Sent: Subject: <no-reply@municode.com> <phancock@monroe-c1erk.com> Thursday, March 06, 2008 10:07 AM Acknowledgment of material received This is a computer generated email, please do not reply to this message, Municipal Code Corporation P.O. Box 2235 1700 Capital Circle SW(32310) Tallahassee, FL 32316~2235 850.576.3171 Fax: 850.575.8852 illfQ@mljnit;:QQ~,GQm Monroe County, FL Code of Ordinances -1979(11270) Supplement 96 Recorded: 2/5/200810:58:03 AM We have received the following material through Hard Copy/Electronic. Document Adoption Ordinance No. 004-2008 1/16/2008 Ordinance No. 005-2008 1/16/2008 Ordinance No. 006-2008 1/16/2008 Ordinance No. 007-2008 1/16/2008 Ordinance No. 009-2008 2/20/2008 ***Gli<::kh~r~ to see the full list of recorded ordinances for the next supplement.*** Or point your browsers at: hllp://www.municode.com/disposition/dislist.asp?jobid=82034 If you are sending the ordinances in electronic form and printed form, we assume the electronic version of the ordinances reflects the ordinances as adopted. We do not proofread against the printed version of the ordinance if the printed copy is submitted. Please contact us if you have questions. . Update the internet version of your Code more often. We can up.date the Internet quarterly, monthly, even weekly. For additional intormation emall infQ@mlJllic:Qcl~<::Qm . . We can post newly enacted ordinances in the online Code after each meeting. E-mail us for more information at illfQ@mlJni<::Qcl~.<::Qm. : W~~~~~n~~er:~f~~,Si~~%r;i~5*~~f~ggs~Z;f;,.di~~~iii~~~;t:~~~ or scanning services. Contact us tor more 1/1formatlon at . ~rffi~gmggtlJyg~a~gC:rW{JV~t~i~i~~S~e invoice and statement printing and processing. For more information email usatinfo.@Jnccadvanta9.~.com. . Need a better way tq manage your Contracts7VlslftiJrCCT'sweosifeto learn more about automating your contr~ct managementl processes. MC;:Ci . Ever need to search In several online Codes for a sample ordinance? Try our 3/6/2008 -� ITIZEN STATE OF FLORIDA i t.t f, COUNTY OF MONROE The Florida Keys Only Daily Newspaper,Est.1876 Cooke Communications,LLC Florida Keys Before the undersigned authority personally appeared Randy G. Erickson,who Marsha F. Kirkwood on oath says that he is Vice-President of Advertising Operations of the Key West Advertising Coordinator Citizen,a daily newspaper published in Key West,in Monroe County, Florida; that the attached copy of advertisement,being a legal no • e in the matter of PO Box 1800 Key West Fl 33041 ) .P. vLte/►'I ka` ri �tt i/i►cr9 Office....305-292-7777 Extension x219 Fax 305-294-8025 lecals@kevsnews.com was published in said newspaper in the issue(s) of INTERNET PUBLISHING ' /�n.�/1 � ) Z O© ke keywest.est.com �, •/ /keysnews.com floridakeys.com key-west.com Affiant further says that the Key West Citizen is a newspaper published in Key Web Design Services West, in said Monroe County, Florida and that the said newspaper has heretofore NEWSPAPERS been continuously published in said Monroe County, Florida every day, and has The Citizen Southernmost Flyer been entered as second-class mail matter at the post office in Key West, in said Solares Hill Big Pine Free Press Monroe County, Florida, for a period of 1 year next preceding the first Marathon Free Press Islamorada Free Press �publication of the attached copy of advertisement; and affiant further says that he Key Largo Free Press has neither paid nor promised any person, firm or corporation any discount, Ocean Reef Press Seaport Log rebate, commission or refund for the purpose of securing this advertisement for MAGAZINE publication in the said newspaper. The Menu Home Guide Citizen Local's Guide Paradise Keys TV Channel Guide MARKETING SERVICES 4Signature Affiant Commercial Printing Citizen Locals Card Direct Mail ,, FLORIDA KEYS OFFICES Sworn and subscribed before me thia,`�//''� day of agc_O l -- ,2007 Printing/Main Facility 3420 Northside Drive Key 330 0 800` Notary Public: Tel 305-292-7777 Fax 305-294-0768 citizen@keywestcom Marsha F. Ki kwood Inte1201 net Divisiontet(Suite White Street(Suite 103) Key West,FL147 M`{ 33040-3328 Tel 305-292-1880 Fax 305-294-1699 Expires: September 15,2009 otary Seal sales@keywest.com •',V '" OOD PJotar��.,����rc .•.ata of Florida Middle Keys Office \r 15,4509 N 6363 Overseas Hwy s �:l y n1-Cm' ' E;piras Sep c) ° _fd 4726200 o w Marathon,FL (MM 52.5) 7 Cpnnlu SIor;#DD 33050-3342 % oe� National Notary NW - c_ Tel 305-743-8766 e ',,,,(` „ [30nded Bp Fax 305-743-9977 navigator@floridakeys.com c• C)• r— W Upper Keys Office Personally Known x Produced Identification `-, 81549 1 Box Type of Identification ProducedP -1 r--• --�9 f: Islamorada,FL(MM81.5) 33036-0469 .1 � N •_3 Tel 305-664-2266 f C-) it Fax 305-664-8411 Fri N freepress@floridakeys.com Ocean Reef Office 3A Barracuda Lane Key Largo,FL 33037 Tel 305-367-4911 Fax 305-367-2191 P.11 r,�.) 0 o-7 .g. r NOTICE OF INTENTION • TO CONSIDER ' ' i ADOPTION OF • COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY.CONCERN that on Wednesday, 'January 16, 2008 at ' 3:00 P.M.,or as soon thereafter as May heard, at the Harvey Gov- ernment- Center, 1200 Truman Avenue, Key West, Monroe 'County, Florida, the Board of County. Commissioners of Monroe County,:Florida, intends to consider 'the adoption of'the following County ordinance: • AN ORDINANCE CLARIFYING THE AUTHORITY FOR THE APPOINTMENT OF MEMBERS TO THE MONROE COUNTY SHARED ASSET FORFEITURE FUND ADVISORY BOARD;PROVIDING FOR TERMS OF MEMBERS; • PROVIDING FOR SEVERABILITY; ' PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR. INCORPORATION INTO THE MONROE COUNTY CODE OF 'ORDINANCES;AND PROVIDING • AN EFFECTIVE DATE. • Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if'a person decided to appeal any deci- sion 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. ALIA ASSISTANCE:If you are a per- son with a disability who needs spe,- cial accommodations-in'Order to par- ticipate in this proceeding, please". P•UBLIC MEETINGS{ contact the County Administrator's ' ; Office, by phoning (305) 292-4441, between the hours of.8:30 a.m. = 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you are hearing or voice impaired, i.call"711". • Dated at Key Wet,Florida,this 19th day'of December,2007. DANNY L.KOLHAGE, Clerk of the Circuit Court and ex off cio Clerk of the Board of County Commissioners of Monroe County,Florida December 23,2007 ' 'sour Upper Keys Connection Ad#8549600 shared THE REPORTER ,asset forfeiture fund- - ADAASSISTANCE:If NOTICE OF INTENTION you are a person with a P.O.Box 1197 •Tavernier,Florida 33070-1197 TO CONSIDER ` disabilitywho needs sp - e (305)852-3216 Fax (305)852-0199 _-ADOPTION OF N • 'cial accommodations in QOUNTY ORDINANCE . order to participate in this • . proceeding;please con-„ PROOF OF PUBLICATION GIVEN IS HEREBY tact the ffide, Adminis- GIVEN TO.WHOM IT trator's Office,by-phon- _' • MAY CONCERN that on ing(305)292-4441,be-, Wednesday,January tween the hours of 8:30 STATE OF FLORIDA 16,-2008 at3:00 P.M.,or a.m.-5:00 p.m:,no later as soon thereafter as than 2 working days prior COUNTY OF MONROE ."'may be heard,at the • " to"the scheduled meet-- c Harvey Government ing;if you are hearing or Before the undersigned authoritypersonallyAvenue,Key0 Truman voice impaired,call g i Avenue,Key West; appeared DAVID HAWKINS who on oath, says . Monroe County,"Flori- . da,the Boardof County Dated at Key West,Flori- that he is DEPUTY EDITOR of THE Commissioners of Mon- -da,thi519th dayrof De- REPORTER, a weekly newspaper entitled to roe County,Florida,in=-.; ,' cember,2007.. tends to consider the publish legal advertising published at ; adoption of the following DANNYL..KOLHAGE," Tavernier, Monroe County, Florida: that the I" County ordinance: ,- i •. Clerk ofthe Circuit Court • and ex officio Clerk ofthe attached copy of advertisement, being LEGAL AN ORDINANCE CLAR- ' Board of County Com- " NOTICE in said newspaper in the issue of: IFYING THE AUTHORI- •missioners of Monroe - TY FOR THE APPOINT,— . ounty,Florida MENT_OF-MEMBERS - (SEAL) ' December 21st 2007 ` TO THEMONROE .- COUNTY SHARED AS- publishi 12/21/07'. - SET FORFEITURE ' The.Reporter Affiant further says that THE REPORTER isFUND ADVISORY Tavernier'FL3307o a - yBOARD;PROVIDING .__ -- - - • newspaper published at Tavernier, in said . - FOR TERMS OFMEM- Monroe County, Florida, and that the said ' BERS;PROVIDING - I. FORSEVERABILITY; newspaper has heretofore been continuously PROVIDING FOR THE , published in the said Monroe County, Florida, rREPN Es IN NSIS-DI each week (on Friday), and has been entered TENT HEREWITH;-. as second class mail matter at the Post Office , PROVIDING FOR IN- • " CORPORATION INTO in Tavernier, in said County of Monroe, THE MONROE COUN- :• Florida, for a period of one year next , TY CODE OF ORDI= preceding the first publication of the attached VIDING a'NEFFECTIVE , copy of advertisement; and affiant further • DATE. L . says that she has neither paid nor promised i Pursuant to Section any firm, person, or corporation any discount, 286.0105,Florida Statutes,notice is given rebate, commission or refund for the purpose that if a person decided to of securing this advertisement for publication "-appealanydecision , made by the Boardwith. in the said newspaper and that The Reporter respect toanymatter is in full compliance with Chapter 50 of the considered at such hear- ings or meetings;he will Florida State Statutes on Legal and Official need a record of the pro-. . Advertisements. 1 ceedings,and that,for -such up pose,he may_ i • need to en`us re that a ver- /44, ' batim record of the pro- - -ceedings is mada,-which rV record include-the testi-—• p �, o y mony'and evdence upon s co which the adeal is to be n_!' ;17 Sworn to and subscribed before me this 21st Pu.rsuanttoSection " r:;!-_- ; dayof December 2007. , 286.01.05;Florida , ' _`r_ I y ecemer Statutes,notice is given Ci<;- to CD • that if a person decided to L=—e`: .:O appeal any decision �- - made by the Board with. �?' : = respect to any matter" .�„ -'r •considered at such hear- �! i,; ings or meetings,he will �> r ; ` qii need a record of the pro- cil ceedings,and that,for _such purpose;he may Notary. Cli\- -\ I need to ensure that a ver 0 ) batim record of the pro-. _, ceedings is made,which , record includes the testi, mony and evidence upon- which the appeal is to be. MARGARETJ.WHISENHUNT based. 4. �I MY COMMiSSIOt'J�EDD443753 �'((4 ) EXPIRES:JUN 22,2009 '-y'4�ylll�rj9 `''� `n:°'• Bonded through 1st State Insurance FLORIDA KEYS 77,: l ( 5 - - 1 = I ' ff�} No.847930.0 Dated at Key West,Flori-- 1 da,this 19th day of De- Published Twice Weekl [ .NOTICEOF INTENTION_ cember,-2007. --, Y TO CONSIDER , Marathon, Monroe County, Florida ADOPTION OF., DANNY L.KOLHAGE, , ' COUNTY ORDINANCE; =Clerk oftheCircuitCourt and ex officio Clerk of the !, NOTICE IS HEREBY Board of County PROOF OF PUBLICATION : GIVEN TO WHOM IT ' Commissioners Of '- . • MAY CONCERN that on Monroe County,Florida • Wednesday,January- ` STATE OF FLORIDA �..16,2008 at 3:00 P.M:,or Publish December22;:: • L'''es soon thereafter as ' 2007 . s _ COUNTY OF MONROE may be heard,at the Floirda Keys Keynoter_.;;_ Before the undersigned authorityperson- Center,1200 Truman - 9 P ., Center,1200 ruma ally appeared WAYNE MARKHAM who on 'Avenue,Key West, oath, says that he is PUBLISHER of the I ; Monroe-Coun-ty,Flori- da,the Board of County FLORIDA KEYS KEYNOTER, a twice CommissionersofMon- week) newspaperpublished in Marathon, !',ten stoconside the-- Yf�tends to considerthe--.- j in Monroe County, Florida: that the 1 adoption of the followi • ng •attached copy of advertisement was County ordinance: published in said newspaper in the issues AN ORDINANCE CLAR- of: (date(s) of publication) I IFYING THE AUTHORI- ..TY FOR THE APPOINT- ( '-'a --00� ``,TOTHEMENT MEMBERS, ‘),CUOrk\',r,��n/` TO THE MONROE • 4 l.. COUNTY SHARED AS- 1 SET FORFEITURE '.' FUND ADVISORY- - '-BOARD;PROVIDING FOR TERMS OF MEM- Affiant further says that the said FLORIDA 1 BERS;PROVIDING FORSEVERABILITY; ' KEYS KEYNOTER is a newspaper published i PROVIDING FORME at Marathon, in said Monroe County, REPEAL OF ALL ORDI- . : NANCES INCONSIS- Florida, and that the said newspaper has l' TENT HEREWITH; heretofore been continuously published in I'`PROVIDING FOR IN- o �„ 1 CORPORATION INTO -. O o d said Monroe County, Florida, twice each ;THEMONROECOUN- _, )::.• co - ' . week (on Wednesday and Saturday) and TY CODE OF ORDI- �c� ' 1 1-NANCES;AND PRO- n1 -<, has been entered as a second class Mail (VIDING AN EFFECTIVE �;2`, N - matter at the post office in Marathon, in i DATE. : ors' ` 713 Monroe County, Florida, for a period of ;PursuanttoSection • -c-' yr� oneyear next precedingthe first 286.0105,Florida - �1��- --� r'i :-:-- c-7 Statutes,notice is given publication of the attached copy of that if a person decided to , i -` -- advertisement. The affiant further says .appeal any decision 1 > r1-1 -P—that he has neither paid nor promised any made by the Board with CD respect to any matter R person, firm, or corporation any discount, I consideredatsuchhear- rebate; commission or refund for the Inge or meetings,he will need a record ofthepro; purpose of securing this advertisement for ceedihgs,and that,for publication in the said newspaper(s) and (such purpose;he May need to ensure that a ver-•'. that The Florida Keys Keynoter is in full batim,recordofthepro- compliance with Chapter 50 of the Florida I ceedingsismade.which . record includes the testis , State Statutes on Legal and Official j monyandevidenceupon Advertise nts. (which the appeef is to be ''based. • - - ADAASSISTANCE:If you are a personyifith a ., i disability who n'eedsspe= Sworn to an sub ibed before me cial accommodations in • order to participate in this ' this �Da Of , 2007 r'proceeding,pleasecon_: (SEAL) tact the CountyAdminis- ! trator's Offce,,by phon I ing(305)292-4441,be--' ' 4 &,e,,,,,, �' tween the hours of 8:30 i a.m.-8;00 p.m:;.no later o. BEVERLY TRAEGER ' than 2 working days prior- Notary 'i MY COMMISSION#DD5a2134 .to the scheduled`rheet- ^? o I f ing;ifyou are hearing or ' 1 9rFOrf:�4 EXPIRES:Apr.18.2010 voice impaired,call (407)398-0153 Florida Notary Serviie.co "71 V • _ - - -i 0C�7— ,�S) a . -