1 | Representative Henriquez offered the following: |
2 | Amendment (with title amendment) |
3 | Remove lines 44-46, and insert: |
4 | Section 2. Sections 3 through 11 of this act may be |
5 | referred to by the popular name the "Florida Motor Fuel Tax |
6 | Relief Act of 2004." |
7 | Section 3. Beginning at 12:01 a.m. August 1, 2004, through |
8 | midnight August 31, 2004, the tax levied pursuant to s. |
9 | 206.41(1)(g), Florida Statutes, shall be reduced by 10 cents per |
10 | gallon. During this period, licensed terminal suppliers, |
11 | wholesalers, and importers of motor fuel shall charge and |
12 | collect the reduced rate of tax on sales of motor fuel to retail |
13 | dealers located in this state. |
14 | Section 4. It is the intent of the Legislature that the |
15 | tax reduction set forth in this act be passed on to the ultimate |
16 | consumer. The Attorney General may investigate violations of |
17 | this act. |
18 | Section 5. Refunds authorized pursuant to s. 206.41(4), |
19 | Florida Statutes, for fuel purchased during the period described |
20 | in section 3 shall be reduced by the amount of the tax reduction |
21 | set forth in that section. |
22 | Section 6. The executive director of the Department of |
23 | Revenue is authorized to adopt emergency rules under ss. |
24 | 120.536(1) and 120.54(4), Florida Statutes, to implement the |
25 | provisions of this act. Notwithstanding any other law, the |
26 | emergency rules shall remain effective for 6 months after the |
27 | date of adoption of the rules. |
28 | Section 7. It is unlawful for a terminal supplier, |
29 | wholesaler, importer, reseller, or retail dealer of motor fuel |
30 | to retain any part of the tax reduction set forth in this act or |
31 | to interfere with providing the full benefit of the tax |
32 | reduction to the retail purchaser of motor fuel. Any person |
33 | violating the provisions of this act commits a felony of the |
34 | third degree, punishable as provided in s. 775.082 or s. |
35 | 775.083, Florida Statutes. |
36 | Section 8. Paragraph (a) of subsection (1) of section |
37 | 16.56, Florida Statutes, is amended to read: |
38 | 16.56 Office of Statewide Prosecution.-- |
39 | (1) There is created in the Department of Legal Affairs an |
40 | Office of Statewide Prosecution. The office shall be a separate |
41 | "budget entity" as that term is defined in chapter 216. The |
42 | office may: |
43 | (a) Investigate and prosecute the offenses of: |
44 | 1. Bribery, burglary, criminal usury, extortion, gambling, |
45 | kidnapping, larceny, murder, prostitution, perjury, robbery, |
46 | carjacking, and home-invasion robbery; |
47 | 2. Any crime involving narcotic or other dangerous drugs; |
48 | 3. Any violation of the provisions of the Florida RICO |
49 | (Racketeer Influenced and Corrupt Organization) Act, including |
50 | any offense listed in the definition of racketeering activity in |
51 | s. 895.02(1)(a), providing such listed offense is investigated |
52 | in connection with a violation of s. 895.03 and is charged in a |
53 | separate count of an information or indictment containing a |
54 | count charging a violation of s. 895.03, the prosecution of |
55 | which listed offense may continue independently if the |
56 | prosecution of the violation of s. 895.03 is terminated for any |
57 | reason; |
58 | 4. Any violation of the provisions of the Florida Anti- |
59 | Fencing Act; |
60 | 5. Any violation of the provisions of the Florida |
61 | Antitrust Act of 1980, as amended; |
62 | 6. Any crime involving, or resulting in, fraud or deceit |
63 | upon any person; |
64 | 7. Any violation of s. 847.0135, relating to computer |
65 | pornography and child exploitation prevention, or any offense |
66 | related to a violation of s. 847.0135; |
67 | 8. Any violation of the provisions of chapter 815; or |
68 | 9. Any criminal violation of part I of chapter 499; or |
69 | 10. Any violation of the provisions of the Florida Motor |
70 | Fuel Tax Relief Act of 2004; |
71 |
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72 | or any attempt, solicitation, or conspiracy to commit any of the |
73 | crimes specifically enumerated above. The office shall have such |
74 | power only when any such offense is occurring, or has occurred, |
75 | in two or more judicial circuits as part of a related |
76 | transaction, or when any such offense is connected with an |
77 | organized criminal conspiracy affecting two or more judicial |
78 | circuits. |
79 | Section 9. Subsection (1) of section 206.026, Florida |
80 | Statutes, is amended to read: |
81 | 206.026 Certain persons prohibited from holding a terminal |
82 | supplier, importer, exporter, blender, carrier, terminal |
83 | operator, or wholesaler license; suspension and revocation.-- |
84 | (1) No corporation, except a publicly held corporation |
85 | regularly traded on a national securities exchange and not over |
86 | the counter, general or limited partnership, sole |
87 | proprietorship, business trust, joint venture or unincorporated |
88 | association, or other business entity shall hold a terminal |
89 | supplier, importer, exporter, blender, carrier, terminal |
90 | operator, or wholesaler license in this state if any one of the |
91 | persons or entities specified in paragraph (a) has been |
92 | determined by the department not to be of good moral character |
93 | or has been convicted of any offense specified in paragraph (b): |
94 | (a)1. The licenseholder. |
95 | 2. The sole proprietor of the licenseholder. |
96 | 3. A corporate officer or director of the licenseholder. |
97 | 4. A general or limited partner of the licenseholder. |
98 | 5. A trustee of the licenseholder. |
99 | 6. A member of an unincorporated association |
100 | licenseholder. |
101 | 7. A joint venturer of the licenseholder. |
102 | 8. The owner of any equity interest in the licenseholder, |
103 | whether as a common shareholder, general or limited partner, |
104 | voting trustee, or trust beneficiary. |
105 | 9. An owner of any interest in the license or |
106 | licenseholder, including any immediate family member of the |
107 | owner, or holder of any debt, mortgage, contract, or concession |
108 | from the licenseholder, who by virtue thereof is able to control |
109 | the business of the licenseholder. |
110 | (b)1. A felony in this state. |
111 | 2. Any felony in any other state which would be a felony |
112 | if committed in this state under the laws of Florida. |
113 | 3. Any felony under the laws of the United States. |
114 | 4. A felony under the Florida Motor Fuel Tax Relief Act of |
115 | 2004. |
116 | Section 10. Subsection (3) of section 206.404, Florida |
117 | Statutes, is amended to read: |
118 | 206.404 License requirements for retail dealers and |
119 | resellers; penalty.-- |
120 | (3) Any retail dealer or reseller in violation of the |
121 | provisions of this chapter or the provisions of the Florida |
122 | Motor Fuel Tax Relief Act of 2004 shall be subject to revocation |
123 | of his or her license under chapter 212. |
124 | Section 11. In order to accomplish the intent of the |
125 | Legislature set forth in section 4 of this act, a retail dealer |
126 | of motor fuel, at the dealer's option, may manage its motor fuel |
127 | inventory in such a way that the benefit to residents of this |
128 | state of the tax reduction is maximized during August 2004. A |
129 | retail dealer of motor fuel may sell motor fuel purchased |
130 | without the tax reduction at an amount determined as if the tax |
131 | reduction applied and may sell motor fuel purchased with the tax |
132 | reduction at an amount determined as if the tax reduction did |
133 | not apply; provided the retail dealer can show that the number |
134 | of gallons purchased with the reduced tax equals the number of |
135 | gallons sold at a price reflecting the reduced tax. |
136 | Section 12. (1) The sum of $206,000 is appropriated from |
137 | the General Revenue Fund to the Department of Revenue for |
138 | purposes of administering section 1 of this act. |
139 | (2) The sum of $310,000 is appropriated from the General |
140 | Revenue Fund to the Department of Revenue for the purpose of |
141 | developing and implementing a public awareness campaign for and |
142 | administering sections 2 through 11 of this act. |
143 | Section 13. Effective July 1, 2004, the sum of $70 million |
144 | is appropriated from the General Revenue Fund to the State |
145 | Transportation Trust Fund. |
146 |
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147 | ================ T I T L E A M E N D M E N T ============= |
148 | Remove lines 2-7, and insert: |
149 | An act relating to taxation; specifying a period during |
150 | which the sale of books, clothing, and school supplies are |
151 | exempt from such tax; providing definitions; providing |
152 | exceptions; authorizing the Department of Revenue to adopt |
153 | rules; providing a popular name; providing for a reduction |
154 | in the motor fuel tax for one month; providing dealer |
155 | requirements; providing legislative intent; providing for |
156 | a reduction in certain refunds for the same period; |
157 | authorizing the executive director of the Department of |
158 | Revenue to adopt emergency rules for certain purpose; |
159 | making unlawful certain activities of certain entities |
160 | relating to the tax reduction; providing criminal |
161 | penalties; amending s. 16.56, F.S.; including offenses |
162 | specified in this act under the investigation and |
163 | prosecution authority of the Office of Statewide |
164 | Prosecution; amending s. 206.026, F.S.; including offenses |
165 | specified in this act under provisions prohibiting certain |
166 | persons from holding certain licenses for certain |
167 | violations; amending s. 206.404, F.S.; providing for |
168 | revocation of certain licenses for violations of this act; |
169 | authorizing motor fuel dealers to manage motor fuel |
170 | inventory to maximize tax reduction benefits; providing |
171 | criteria; providing appropriations; providing an effective |
172 | date. |