HB 1995

1
A bill to be entitled
2An act relating to motor fuel taxes; providing a popular
3name; providing for a reduction in the motor fuel tax for
4one month; providing dealer requirements; providing
5legislative intent; providing for a reduction in certain
6refunds for the same period; authorizing the executive
7director of the Department of Revenue to adopt emergency
8rules for certain purpose; making unlawful certain
9activities of certain entities relating to the tax
10reduction; providing criminal penalties; amending s.
1116.56, F.S.; including offenses specified in this act
12under the investigation and prosecution authority of the
13Office of Statewide Prosecution; amending s. 206.026,
14F.S.; including offenses specified in this act under
15provisions prohibiting certain persons from holding
16certain licenses for certain violations; amending s.
17206.404, F.S.; providing for revocation of certain
18licenses for violations of this act; providing
19appropriations; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  This act may be referred to by the popular name
24the "Florida Motor Fuel Tax Relief Act of 2004."
25     Section 2.  Beginning at 12:01 a.m. August 1, 2004, through
26midnight August 31, 2004, the tax levied pursuant to s.
27206.41(1)(g), Florida Statutes, shall be reduced by 10 cents per
28gallon. During this period, licensed terminal suppliers,
29wholesalers, and importers of motor fuel shall charge and
30collect the reduced rate of tax on sales of motor fuel to retail
31dealers located in this state.
32     Section 3.  It is the intent of the Legislature that the
33tax reduction set forth in this act be passed on to the ultimate
34consumer. The Attorney General may investigate violations of
35this act.
36     Section 4.  Refunds authorized pursuant to s. 206.41(4),
37Florida Statutes, for fuel purchased during the period described
38in section 2 shall be reduced by the amount of the tax reduction
39set forth in that section.
40     Section 5.  The executive director of the Department of
41Revenue is authorized to adopt emergency rules under ss.
42120.536(1) and 120.54(4), Florida Statutes, to implement the
43provisions of this act. Notwithstanding any other law, the
44emergency rules shall remain effective for 6 months after the
45date of adoption of the rules.
46     Section 6.  It is unlawful for a terminal supplier,
47wholesaler, importer, reseller, or retail dealer of motor fuel
48to retain any part of the tax reduction set forth in this act or
49to interfere with providing the full benefit of the tax
50reduction to the retail purchaser of motor fuel. Any person
51violating the provisions of this act commits a felony of the
52third degree, punishable as provided in s. 775.082 or s.
53775.083, Florida Statutes.
54     Section 7.  Paragraph (a) of subsection (1) of section
5516.56, Florida Statutes, is amended to read:
56     16.56  Office of Statewide Prosecution.--
57     (1)  There is created in the Department of Legal Affairs an
58Office of Statewide Prosecution. The office shall be a separate
59"budget entity" as that term is defined in chapter 216. The
60office may:
61     (a)  Investigate and prosecute the offenses of:
62     1.  Bribery, burglary, criminal usury, extortion, gambling,
63kidnapping, larceny, murder, prostitution, perjury, robbery,
64carjacking, and home-invasion robbery;
65     2.  Any crime involving narcotic or other dangerous drugs;
66     3.  Any violation of the provisions of the Florida RICO
67(Racketeer Influenced and Corrupt Organization) Act, including
68any offense listed in the definition of racketeering activity in
69s. 895.02(1)(a), providing such listed offense is investigated
70in connection with a violation of s. 895.03 and is charged in a
71separate count of an information or indictment containing a
72count charging a violation of s. 895.03, the prosecution of
73which listed offense may continue independently if the
74prosecution of the violation of s. 895.03 is terminated for any
75reason;
76     4.  Any violation of the provisions of the Florida Anti-
77Fencing Act;
78     5.  Any violation of the provisions of the Florida
79Antitrust Act of 1980, as amended;
80     6.  Any crime involving, or resulting in, fraud or deceit
81upon any person;
82     7.  Any violation of s. 847.0135, relating to computer
83pornography and child exploitation prevention, or any offense
84related to a violation of s. 847.0135;
85     8.  Any violation of the provisions of chapter 815; or
86     9.  Any criminal violation of part I of chapter 499; or
87     10.  Any violation of the provisions of the Florida Motor
88Fuel Tax Relief Act of 2004;
89
90or any attempt, solicitation, or conspiracy to commit any of the
91crimes specifically enumerated above. The office shall have such
92power only when any such offense is occurring, or has occurred,
93in two or more judicial circuits as part of a related
94transaction, or when any such offense is connected with an
95organized criminal conspiracy affecting two or more judicial
96circuits.
97     Section 8.  Subsection (1) of section 206.026, Florida
98Statutes, is amended to read:
99     206.026  Certain persons prohibited from holding a terminal
100supplier, importer, exporter, blender, carrier, terminal
101operator, or wholesaler license; suspension and revocation.--
102     (1)  No corporation, except a publicly held corporation
103regularly traded on a national securities exchange and not over
104the counter, general or limited partnership, sole
105proprietorship, business trust, joint venture or unincorporated
106association, or other business entity shall hold a terminal
107supplier, importer, exporter, blender, carrier, terminal
108operator, or wholesaler license in this state if any one of the
109persons or entities specified in paragraph (a) has been
110determined by the department not to be of good moral character
111or has been convicted of any offense specified in paragraph (b):
112     (a)1.  The licenseholder.
113     2.  The sole proprietor of the licenseholder.
114     3.  A corporate officer or director of the licenseholder.
115     4.  A general or limited partner of the licenseholder.
116     5.  A trustee of the licenseholder.
117     6.  A member of an unincorporated association
118licenseholder.
119     7.  A joint venturer of the licenseholder.
120     8.  The owner of any equity interest in the licenseholder,
121whether as a common shareholder, general or limited partner,
122voting trustee, or trust beneficiary.
123     9.  An owner of any interest in the license or
124licenseholder, including any immediate family member of the
125owner, or holder of any debt, mortgage, contract, or concession
126from the licenseholder, who by virtue thereof is able to control
127the business of the licenseholder.
128     (b)1.  A felony in this state.
129     2.  Any felony in any other state which would be a felony
130if committed in this state under the laws of Florida.
131     3.  Any felony under the laws of the United States.
132     4.  A felony under the Florida Motor Fuel Tax Relief Act of
1332004.
134     Section 9.  Subsection (3) of section 206.404, Florida
135Statutes, is amended to read:
136     206.404  License requirements for retail dealers and
137resellers; penalty.--
138     (3)  Any retail dealer or reseller in violation of the
139provisions of this chapter or the provisions of the Florida
140Motor Fuel Tax Relief Act of 2004 shall be subject to revocation
141of his or her license under chapter 212.
142     Section 10.  (1)  The sum of $50,000 is appropriated from
143the General Revenue Fund to the Department of Revenue for
144purposes of administering this act.
145     (2)  The sum of $67,800,000 is appropriated from the
146General Revenue Fund to the State Transportation Trust Fund.
147     Section 11.  This act shall take effect upon becoming a
148law.


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