Amendment
Bill No. 0237
Amendment No. 659271
CHAMBER ACTION
Senate House
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1Representative Kilmer offered the following:
2
3     Amendment
4     Remove line(s) 35-201 and insert:
5price of $50 or less per item during the period from 12:01 a.m.,
6July 24, 2004, through midnight, August 1, 2004.
7     2.  As used in this paragraph, the term:
8     a.  "Book" means a set of printed sheets bound together and
9published in a volume. For purposes of this paragraph, the term
10"book" does not include newspapers, magazines, or other
11periodicals.
12     b.  "Clothing" means any article of wearing apparel,
13including all footwear, except skis, swim fins, roller blades,
14and skates, intended to be worn on or about the human body. For
15purposes of this paragraph, the term "clothing" does not include
16watches, watchbands, jewelry, umbrellas, or handkerchiefs.
17     (b)1.  School supplies having a sales price of $10 or less
18per item during the period from 12:01 a.m., July 24, 2004,
19through midnight, August 1, 2004.
20     2.  As used in this paragraph, the term "school supplies"
21means pens, pencils, erasers, crayons, notebooks, notebook
22filler paper, legal pads, composition books, poster paper,
23scissors, cellophane tape, glue or paste, rulers, computer
24disks, protractors, compasses, and calculators.
25     (2)  This section does not apply to sales within a theme
26park or entertainment complex as defined in s. 509.013(9),
27Florida Statutes, within a public lodging establishment as
28defined in s. 509.013(4), Florida Statutes, or within an airport
29as defined in s. 330.27(2), Florida Statutes.
30     (3)  Notwithstanding chapter 120, Florida Statutes, the
31Department of Revenue may adopt rules to carry out this section.
32     Section 2.  Sections 3 through 11 of this act may be
33referred to by the popular name the "Florida Motor Fuel Tax
34Relief Act of 2004."
35     Section 3.  Beginning at 12:01 a.m. August 1, 2004, through
36midnight August 31, 2004, the tax levied pursuant to s.
37206.41(1)(g), Florida Statutes, shall be reduced by 8 cents per
38gallon. During this period, licensed terminal suppliers,
39wholesalers, and importers of motor fuel shall charge and
40collect the reduced rate of tax on sales of motor fuel to retail
41dealers located in this state.
42     Section 4.  It is the intent of the Legislature that the
43tax reduction set forth in this act be passed on to the ultimate
44consumer. The Attorney General may investigate violations of
45this act.
46     Section 5.  Refunds authorized pursuant to s. 206.41(4),
47Florida Statutes, for fuel purchased during the period described
48in section 3 shall be reduced by the amount of the tax reduction
49set forth in that section.
50     Section 6.  The executive director of the Department of
51Revenue is authorized to adopt emergency rules under ss.
52120.536(1) and 120.54(4), Florida Statutes, to implement the
53provisions of this act. Notwithstanding any other law, the
54emergency rules shall remain effective for 6 months after the
55date of adoption of the rules.
56     Section 7.  It is unlawful for a terminal supplier,
57wholesaler, importer, reseller, or retail dealer of motor fuel
58to retain any part of the tax reduction set forth in this act or
59to interfere with providing the full benefit of the tax
60reduction to the retail purchaser of motor fuel. Any person
61violating the provisions of this act commits a felony of the
62third degree, punishable as provided in s. 775.082 or s.
63775.083, Florida Statutes.
64     Section 8.  Paragraph (a) of subsection (1) of section
6516.56, Florida Statutes, is amended to read:
66     16.56  Office of Statewide Prosecution.--
67     (1)  There is created in the Department of Legal Affairs an
68Office of Statewide Prosecution. The office shall be a separate
69"budget entity" as that term is defined in chapter 216. The
70office may:
71     (a)  Investigate and prosecute the offenses of:
72     1.  Bribery, burglary, criminal usury, extortion, gambling,
73kidnapping, larceny, murder, prostitution, perjury, robbery,
74carjacking, and home-invasion robbery;
75     2.  Any crime involving narcotic or other dangerous drugs;
76     3.  Any violation of the provisions of the Florida RICO
77(Racketeer Influenced and Corrupt Organization) Act, including
78any offense listed in the definition of racketeering activity in
79s. 895.02(1)(a), providing such listed offense is investigated
80in connection with a violation of s. 895.03 and is charged in a
81separate count of an information or indictment containing a
82count charging a violation of s. 895.03, the prosecution of
83which listed offense may continue independently if the
84prosecution of the violation of s. 895.03 is terminated for any
85reason;
86     4.  Any violation of the provisions of the Florida Anti-
87Fencing Act;
88     5.  Any violation of the provisions of the Florida
89Antitrust Act of 1980, as amended;
90     6.  Any crime involving, or resulting in, fraud or deceit
91upon any person;
92     7.  Any violation of s. 847.0135, relating to computer
93pornography and child exploitation prevention, or any offense
94related to a violation of s. 847.0135;
95     8.  Any violation of the provisions of chapter 815; or
96     9.  Any criminal violation of part I of chapter 499; or
97     10.  Any violation of the provisions of the Florida Motor
98Fuel Tax Relief Act of 2004;
99
100or any attempt, solicitation, or conspiracy to commit any of the
101crimes specifically enumerated above. The office shall have such
102power only when any such offense is occurring, or has occurred,
103in two or more judicial circuits as part of a related
104transaction, or when any such offense is connected with an
105organized criminal conspiracy affecting two or more judicial
106circuits.
107     Section 9.  Subsection (1) of section 206.026, Florida
108Statutes, is amended to read:
109     206.026  Certain persons prohibited from holding a terminal
110supplier, importer, exporter, blender, carrier, terminal
111operator, or wholesaler license; suspension and revocation.--
112     (1)  No corporation, except a publicly held corporation
113regularly traded on a national securities exchange and not over
114the counter, general or limited partnership, sole
115proprietorship, business trust, joint venture or unincorporated
116association, or other business entity shall hold a terminal
117supplier, importer, exporter, blender, carrier, terminal
118operator, or wholesaler license in this state if any one of the
119persons or entities specified in paragraph (a) has been
120determined by the department not to be of good moral character
121or has been convicted of any offense specified in paragraph (b):
122     (a)1.  The licenseholder.
123     2.  The sole proprietor of the licenseholder.
124     3.  A corporate officer or director of the licenseholder.
125     4.  A general or limited partner of the licenseholder.
126     5.  A trustee of the licenseholder.
127     6.  A member of an unincorporated association
128licenseholder.
129     7.  A joint venturer of the licenseholder.
130     8.  The owner of any equity interest in the licenseholder,
131whether as a common shareholder, general or limited partner,
132voting trustee, or trust beneficiary.
133     9.  An owner of any interest in the license or
134licenseholder, including any immediate family member of the
135owner, or holder of any debt, mortgage, contract, or concession
136from the licenseholder, who by virtue thereof is able to control
137the business of the licenseholder.
138     (b)1.  A felony in this state.
139     2.  Any felony in any other state which would be a felony
140if committed in this state under the laws of Florida.
141     3.  Any felony under the laws of the United States.
142     4.  A felony under the Florida Motor Fuel Tax Relief Act of
1432004.
144     Section 10.  Subsection (3) of section 206.404, Florida
145Statutes, is amended to read:
146     206.404  License requirements for retail dealers and
147resellers; penalty.--
148     (3)  Any retail dealer or reseller in violation of the
149provisions of this chapter or the provisions of the Florida
150Motor Fuel Tax Relief Act of 2004 shall be subject to revocation
151of his or her license under chapter 212.
152     Section 11.  In order to accomplish the intent of the
153Legislature set forth in section 4 of this act, a retail dealer
154of motor fuel, at the dealer's option, may manage its motor fuel
155inventory in such a way that the benefit to residents of this
156state of the tax reduction is maximized during August 2004. A
157retail dealer of motor fuel may sell motor fuel purchased
158without the tax reduction at an amount determined as if the tax
159reduction applied and may sell motor fuel purchased with the tax
160reduction at an amount determined as if the tax reduction did
161not apply; provided the retail dealer can show that the number
162of gallons purchased with the reduced tax equals the number of
163gallons sold at a price reflecting the reduced tax.
164     Section 12.  (1)  The sum of $206,000 is appropriated from
165the General Revenue Fund to the Department of Revenue for
166purposes of administering section 1 of this act.
167     (2)  The sum of $310,000 is appropriated from the General
168Revenue Fund to the Department of Revenue for the purpose of
169developing and implementing a public awareness campaign for and
170administering sections 2 through 11 of this act.
171     Section 13.  Effective July 1, 2004, the sum of $58 million


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