CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. SB 1550

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Ogles and Brown offered the following:

12

13         Amendment (with title amendment) 

14         On page 2, line 27 of the bill

15

16  insert:

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

18  Florida Statutes, are amended to read:

19         526.311  Enforcement; civil penalties; injunctive

20  relief.--

21         (2)  The Department of Agriculture and Consumer

22  Services shall investigate any complaints regarding violations

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

24  documents and records as part of its investigation of a

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

26  proprietary confidential business information contained in the

27  documents or records received by the department pursuant to a

28  written request or a Department of Legal Affairs subpoena are

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

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. SB 1550

    Amendment No.     (for drafter's use only)





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

 2  department, through the department's office of general

 3  counsel, may of Agriculture and Consumer Services may request

 4  that the Department of Legal Affairs issue and serve a

 5  subpoena subpoenas to compel the production of such documents

 6  and records. If any person shall refuse to comply with a

 7  subpoena issued under this section, the department of Legal

 8  Affairs may petition a court of competent jurisdiction to

 9  enforce the subpoena and assess such sanctions as the court

10  may direct. Refiners shall afford the department of

11  Agriculture and Consumer Services reasonable access to the

12  refiners' posted terminal price.  After completion of an

13  investigation, the Department of Agriculture and Consumer

14  Services shall give the results of its investigation to the

15  Department of Legal Affairs.  The Department of Legal Affairs

16  may then subpoena additional relevant records or testimony if

17  it determines that the Department of Agriculture and Consumer

18  Services' investigation shows a violation has likely occurred.

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

20  photographs, files, sound recordings, or other business

21  material, regardless of form or characteristics, obtained by

22  the a department of Legal Affairs subpoena are confidential

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

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

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

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

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

28  or proprietary confidential business information held by the

29  department pursuant to such investigation shall be considered

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. SB 1550

    Amendment No.     (for drafter's use only)





 1  materials may be used in any administrative or judicial

 2  proceeding so long as the confidential or proprietary nature

 3  of the material is maintained.

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

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

 6  department of Legal Affairs in any court of competent

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

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

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

10  department of Legal Affairs shall be deposited into shared

11  equally between the Department of Legal Affairs Trust Fund and

12  the General Inspection Trust Fund.

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

14  Statutes, is amended to read:

15         526.312  Enforcement; private actions; injunctive

16  relief.--

17         (2)  On the application for a temporary restraining

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

19  discretion having due regard for the public interest, may

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

21  without surety, as conditions and circumstances may require.

22  If a bond is required, the amount shall not be greater than

23  $50,000.  Upon proper application by the plaintiff, the court

24  shall grant preliminary injunctive relief if the plaintiff

25  shows:

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

27  relief requested.

28         (b)  There exist sufficiently serious questions going

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

30  litigation; and the court determines, on balance, the

31  hardships imposed on the defendant and the public interest by

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                                                   HOUSE AMENDMENT

                                                  Bill No. SB 1550

    Amendment No.     (for drafter's use only)





 1  the issuance of such preliminary injunctive relief will be

 2  less than the hardship which would be imposed on the plaintiff

 3  if such preliminary injunctive relief were not granted.

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

 6  apply to actions for injunctive relief brought by the

 7  department of Legal Affairs under s. 526.311.

 8         Section 3.  Section 526.313, Florida Statutes, is

 9  amended to read:

10         526.313  Limitations period for actions.--Any action

11  brought by the department of Legal Affairs shall be brought

12  within 2 years after the alleged violation occurred or should

13  reasonably have been discovered.  Any action brought by any

14  other person shall be brought within 1 year after the alleged

15  violation occurred or should reasonably have been discovered,

16  except that a private action brought under s. 526.305 for

17  unlawful price discrimination shall be brought within 2 years

18  from the date the alleged violation occurred or should

19  reasonably have been discovered.

20         Section 4.  Section 526.3135, Florida Statutes, is

21  amended to read:

22         526.3135  Reports by the Division of Standards

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

24  of Standards Department of Agriculture and Consumer Services

25  is directed to compile a report pursuant to s. 570.544 of all

26  complaints received by the Department of Agriculture and

27  Consumer Services pursuant to this act.  Such report shall

28  contain at least the information required by s.

29  570.544(6)(b)2.-4. and shall be presented to the Speaker of

30  the House of Representatives and the President of the Senate

31  no later than January 1 of each year.

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                                                   HOUSE AMENDMENT

                                                  Bill No. SB 1550

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 3 after the word "gas"

 4

 5  insert:

 6         and motor fuel; amending s. 526.311, F.S.;

 7         revising enforcement provisions; transferring

 8         from the Department of Legal Affairs to the

 9         Department of Agriculture and Consumer Services

10         responsibilities as the lead agency to enforce

11         the Motor Fuel Marketing Practices Act;

12         revising disposition of funds collected in

13         civil actions; amending ss. 526.312 and

14         526.313, F.S., to conform; amending s.

15         526.3135, F.S.; specifying certain required

16         reporting by the Division of Standards of the

17         Department of Agriculture and Consumer Services

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