Senate Bill 1304

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    Florida Senate - 2000                                  SB 1304

    By Senator Bronson





    18-833-00

  1                      A bill to be entitled

  2         An act relating to the Motor Fuel Marketing

  3         Practices Act; amending s. 526.311, F.S.;

  4         revising enforcement provisions; transferring

  5         the authority to bring a civil action from the

  6         Department of Legal Affairs to the Department

  7         of Agriculture and Consumer Services; revising

  8         the disposition of funds collected in a civil

  9         action; amending ss. 526.312, 526.313, F.S.;

10         transferring duties to the Department of

11         Agriculture and Consumer Services; amending s.

12         526.3135, F.S.; providing for the Division of

13         Standards to compile certain reports; providing

14         an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Subsections (2) and (3) of section 526.311,

19  Florida Statutes, are amended to read:

20         526.311  Enforcement; civil penalties; injunctive

21  relief.--

22         (2)  The Department of Agriculture and Consumer

23  Services shall investigate any complaints regarding violations

24  of this act and may request in writing the production of

25  documents and records as part of its investigation of a

26  complaint. Trade secrets, as defined in s. 812.081, and

27  proprietary confidential business information contained in the

28  documents or records received by the department pursuant to a

29  written request or a Department of Legal Affairs subpoena are

30  confidential and exempt from the provisions of s. 119.07(1)

31  and s. 24(a), Art. I of the State Constitution. If the person

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    Florida Senate - 2000                                  SB 1304
    18-833-00




  1  upon whom such request was made fails to produce the documents

  2  or records within 30 days after the date of the request, the

  3  department through its office of general counsel may of

  4  Agriculture and Consumer Services may request that the

  5  Department of Legal Affairs issue and serve a subpoena

  6  subpoenas to compel the production of such documents and

  7  records. If any person refuses shall refuse to comply with a

  8  subpoena issued under this section, the department of Legal

  9  Affairs may petition a court of competent jurisdiction to

10  enforce the subpoena and assess such sanctions as the court

11  directs may direct. Refiners must shall afford the department

12  of Agriculture and Consumer Services reasonable access to the

13  refiners' posted terminal price.  After completion of an

14  investigation, the Department of Agriculture and Consumer

15  Services shall give the results of its investigation to the

16  Department of Legal Affairs.  The Department of Legal Affairs

17  may then subpoena additional relevant records or testimony if

18  it determines that the Department of Agriculture and Consumer

19  Services' investigation shows a violation has likely occurred.

20  Any records, documents, papers, maps, books, tapes,

21  photographs, files, sound recordings, or other business

22  material, regardless of form or characteristics, obtained by

23  the a department of Legal Affairs subpoena are confidential

24  and exempt from the provisions of s. 119.07(1) and s. 24(a),

25  Art. I of the State Constitution while the investigation is

26  pending. At the conclusion of an investigation, any matter

27  determined by the department of Legal Affairs or by a judicial

28  or administrative body, federal or state, to be a trade secret

29  or proprietary confidential business information held by the

30  department pursuant to such investigation shall be considered

31  confidential and exempt from the provisions of s. 119.07(1)

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    Florida Senate - 2000                                  SB 1304
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  1  and s. 24(a), Art. I of the State Constitution.  Such

  2  materials may be used in any administrative or judicial

  3  proceeding, but so long as the confidential or proprietary

  4  nature of the material must be is maintained.

  5         (3)  The civil penalty imposed under this section may

  6  be assessed and recovered in a civil action brought by the

  7  department of Legal Affairs in any court of competent

  8  jurisdiction. If the department of Legal Affairs prevails in a

  9  civil action, the court may award it reasonable attorneys'

10  fees as it deems appropriate.  All funds recovered by the

11  department of Legal Affairs shall be deposited in shared

12  equally between the Department of Legal Affairs Trust Fund and

13  the General Inspection Trust Fund.

14         Section 2.  Subsection (2) of section 526.312, Florida

15  Statutes, is amended to read:

16         526.312  Enforcement; private actions; injunctive

17  relief.--

18         (2)  On the application for a temporary restraining

19  order or a preliminary injunction, the court, in its

20  discretion having due regard for the public interest, may

21  require or dispense with the requirement of a bond, with or

22  without surety, as conditions and circumstances may require.

23  If a bond is required, the amount must shall not be greater

24  than $50,000.  Upon proper application by the plaintiff, the

25  court shall grant preliminary injunctive relief if the

26  plaintiff shows:

27         (a)  That he or she is a proper person to seek the

28  relief requested.

29         (b)  There exist sufficiently serious questions going

30  to the merits to make such questions a fair ground for

31  litigation; and the court determines, on balance, that the

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    Florida Senate - 2000                                  SB 1304
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  1  hardships imposed on the defendant and the public interest by

  2  the issuance of such preliminary injunctive relief will be

  3  less than the hardship that which would be imposed on the

  4  plaintiff if such preliminary injunctive relief were not

  5  granted.

  6

  7  The standards specified in paragraphs (a) and (b) shall also

  8  apply to actions for injunctive relief brought by the

  9  Department of Agriculture and Consumer Services Legal Affairs

10  under s. 526.311.

11         Section 3.  Section 526.313, Florida Statutes, is

12  amended to read:

13         526.313  Limitations period for actions.--Any action

14  brought by the Department of Agriculture and Consumer Services

15  must Legal Affairs shall be brought within 2 years after the

16  alleged violation occurred or should reasonably have been

17  discovered.  Any action brought by any other person must shall

18  be brought within 1 year after the alleged violation occurred

19  or should reasonably have been discovered, except that a

20  private action brought under s. 526.305 for unlawful price

21  discrimination must shall be brought within 2 years after from

22  the date the alleged violation occurred or should reasonably

23  have been discovered.

24         Section 4.  Section 526.3135, Florida Statutes, is

25  amended to read:

26         526.3135  Reports by the Division of Standards

27  Department of Agriculture and Consumer Services.--The Division

28  of Standards shall Department of Agriculture and Consumer

29  Services is directed to compile a report pursuant to s.

30  570.544 of all complaints received by the Department of

31  Agriculture and Consumer Services under pursuant to this act.

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  1  The Such report must shall contain at least the information

  2  required by s. 570.544(6)(b)2.-4. and must shall be presented

  3  to the Speaker of the House of Representatives and the

  4  President of the Senate no later than January 1 of each year.

  5         Section 5.  This act shall take effect upon becoming a

  6  law.

  7

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  9                          SENATE SUMMARY

10    Revises provisions of the Motor Fuel Marketing Practices
      Act. Transfers the authority to bring a civil action from
11    the Department of Legal Affairs to the Department of
      Agriculture and Consumer Services. Provides that all
12    funds collected in a civil action are to be deposited in
      the General Inspection Trust Fund. Transfers other duties
13    to the Department of Agriculture and Consumer Services.
      Provides for the Division of Standards to compile annual
14    reports of complaints received by the department under
      the Motor Fuel Marketing Practices Act.
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