1 | A bill to be entitled |
2 | An act relating to motor fuel taxes; providing a popular |
3 | name; providing for a reduction in the motor fuel tax for |
4 | one month; providing dealer requirements; providing |
5 | legislative intent; providing for a reduction in certain |
6 | refunds for the same period; authorizing the executive |
7 | director of the Department of Revenue to adopt emergency |
8 | rules for certain purpose; making unlawful certain |
9 | activities of certain entities relating to the tax |
10 | reduction; providing criminal penalties; amending s. |
11 | 16.56, F.S.; including offenses specified in this act |
12 | under the investigation and prosecution authority of the |
13 | Office of Statewide Prosecution; amending s. 206.026, |
14 | F.S.; including offenses specified in this act under |
15 | provisions prohibiting certain persons from holding |
16 | certain licenses for certain violations; amending s. |
17 | 206.404, F.S.; providing for revocation of certain |
18 | licenses for violations of this act; providing |
19 | appropriations; providing an effective date. |
20 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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23 | Section 1. This act may be referred to by the popular name |
24 | the "Florida Motor Fuel Tax Relief Act of 2004." |
25 | Section 2. Beginning at 12:01 a.m. August 1, 2004, through |
26 | midnight August 31, 2004, the tax levied pursuant to s. |
27 | 206.41(1)(g), Florida Statutes, shall be reduced by 10 cents per |
28 | gallon. During this period, licensed terminal suppliers, |
29 | wholesalers, and importers of motor fuel shall charge and |
30 | collect the reduced rate of tax on sales of motor fuel to retail |
31 | dealers located in this state. |
32 | Section 3. It is the intent of the Legislature that the |
33 | tax reduction set forth in this act be passed on to the ultimate |
34 | consumer. The Attorney General may investigate violations of |
35 | this act. |
36 | Section 4. Refunds authorized pursuant to s. 206.41(4), |
37 | Florida Statutes, for fuel purchased during the period described |
38 | in section 2 shall be reduced by the amount of the tax reduction |
39 | set forth in that section. |
40 | Section 5. The executive director of the Department of |
41 | Revenue is authorized to adopt emergency rules under ss. |
42 | 120.536(1) and 120.54(4), Florida Statutes, to implement the |
43 | provisions of this act. Notwithstanding any other law, the |
44 | emergency rules shall remain effective for 6 months after the |
45 | date of adoption of the rules. |
46 | Section 6. It is unlawful for a terminal supplier, |
47 | wholesaler, importer, reseller, or retail dealer of motor fuel |
48 | to retain any part of the tax reduction set forth in this act or |
49 | to interfere with providing the full benefit of the tax |
50 | reduction to the retail purchaser of motor fuel. Any person |
51 | violating the provisions of this act commits a felony of the |
52 | third degree, punishable as provided in s. 775.082 or s. |
53 | 775.083, Florida Statutes. |
54 | Section 7. Paragraph (a) of subsection (1) of section |
55 | 16.56, 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 |
58 | Office of Statewide Prosecution. The office shall be a separate |
59 | "budget entity" as that term is defined in chapter 216. The |
60 | office may: |
61 | (a) Investigate and prosecute the offenses of: |
62 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
63 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
64 | carjacking, 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 |
68 | any offense listed in the definition of racketeering activity in |
69 | s. 895.02(1)(a), providing such listed offense is investigated |
70 | in connection with a violation of s. 895.03 and is charged in a |
71 | separate count of an information or indictment containing a |
72 | count charging a violation of s. 895.03, the prosecution of |
73 | which listed offense may continue independently if the |
74 | prosecution of the violation of s. 895.03 is terminated for any |
75 | reason; |
76 | 4. Any violation of the provisions of the Florida Anti- |
77 | Fencing Act; |
78 | 5. Any violation of the provisions of the Florida |
79 | Antitrust Act of 1980, as amended; |
80 | 6. Any crime involving, or resulting in, fraud or deceit |
81 | upon any person; |
82 | 7. Any violation of s. 847.0135, relating to computer |
83 | pornography and child exploitation prevention, or any offense |
84 | related 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 |
88 | Fuel Tax Relief Act of 2004; |
89 |
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90 | or any attempt, solicitation, or conspiracy to commit any of the |
91 | crimes specifically enumerated above. The office shall have such |
92 | power only when any such offense is occurring, or has occurred, |
93 | in two or more judicial circuits as part of a related |
94 | transaction, or when any such offense is connected with an |
95 | organized criminal conspiracy affecting two or more judicial |
96 | circuits. |
97 | Section 8. Subsection (1) of section 206.026, Florida |
98 | Statutes, is amended to read: |
99 | 206.026 Certain persons prohibited from holding a terminal |
100 | supplier, importer, exporter, blender, carrier, terminal |
101 | operator, or wholesaler license; suspension and revocation.-- |
102 | (1) No corporation, except a publicly held corporation |
103 | regularly traded on a national securities exchange and not over |
104 | the counter, general or limited partnership, sole |
105 | proprietorship, business trust, joint venture or unincorporated |
106 | association, or other business entity shall hold a terminal |
107 | supplier, importer, exporter, blender, carrier, terminal |
108 | operator, or wholesaler license in this state if any one of the |
109 | persons or entities specified in paragraph (a) has been |
110 | determined by the department not to be of good moral character |
111 | or 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 |
118 | licenseholder. |
119 | 7. A joint venturer of the licenseholder. |
120 | 8. The owner of any equity interest in the licenseholder, |
121 | whether as a common shareholder, general or limited partner, |
122 | voting trustee, or trust beneficiary. |
123 | 9. An owner of any interest in the license or |
124 | licenseholder, including any immediate family member of the |
125 | owner, or holder of any debt, mortgage, contract, or concession |
126 | from the licenseholder, who by virtue thereof is able to control |
127 | the 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 |
130 | if 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 |
133 | 2004. |
134 | Section 9. Subsection (3) of section 206.404, Florida |
135 | Statutes, is amended to read: |
136 | 206.404 License requirements for retail dealers and |
137 | resellers; penalty.-- |
138 | (3) Any retail dealer or reseller in violation of the |
139 | provisions of this chapter or the provisions of the Florida |
140 | Motor Fuel Tax Relief Act of 2004 shall be subject to revocation |
141 | of his or her license under chapter 212. |
142 | Section 10. (1) The sum of $50,000 is appropriated from |
143 | the General Revenue Fund to the Department of Revenue for |
144 | purposes of administering this act. |
145 | (2) The sum of $67,800,000 is appropriated from the |
146 | General Revenue Fund to the State Transportation Trust Fund. |
147 | Section 11. This act shall take effect upon becoming a |
148 | law. |