Amendment
Bill No. 0237
Amendment No. 708903
CHAMBER ACTION
Senate House
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1Representative 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
5referred to by the popular name the "Florida Motor Fuel Tax
6Relief Act of 2004."
7     Section 3.  Beginning at 12:01 a.m. August 1, 2004, through
8midnight August 31, 2004, the tax levied pursuant to s.
9206.41(1)(g), Florida Statutes, shall be reduced by 10 cents per
10gallon. During this period, licensed terminal suppliers,
11wholesalers, and importers of motor fuel shall charge and
12collect the reduced rate of tax on sales of motor fuel to retail
13dealers located in this state.
14     Section 4.  It is the intent of the Legislature that the
15tax reduction set forth in this act be passed on to the ultimate
16consumer. The Attorney General may investigate violations of
17this act.
18     Section 5.  Refunds authorized pursuant to s. 206.41(4),
19Florida Statutes, for fuel purchased during the period described
20in section 3 shall be reduced by the amount of the tax reduction
21set forth in that section.
22     Section 6.  The executive director of the Department of
23Revenue is authorized to adopt emergency rules under ss.
24120.536(1) and 120.54(4), Florida Statutes, to implement the
25provisions of this act. Notwithstanding any other law, the
26emergency rules shall remain effective for 6 months after the
27date of adoption of the rules.
28     Section 7.  It is unlawful for a terminal supplier,
29wholesaler, importer, reseller, or retail dealer of motor fuel
30to retain any part of the tax reduction set forth in this act or
31to interfere with providing the full benefit of the tax
32reduction to the retail purchaser of motor fuel. Any person
33violating the provisions of this act commits a felony of the
34third degree, punishable as provided in s. 775.082 or s.
35775.083, Florida Statutes.
36     Section 8.  Paragraph (a) of subsection (1) of section
3716.56, 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
40Office of Statewide Prosecution. The office shall be a separate
41"budget entity" as that term is defined in chapter 216. The
42office may:
43     (a)  Investigate and prosecute the offenses of:
44     1.  Bribery, burglary, criminal usury, extortion, gambling,
45kidnapping, larceny, murder, prostitution, perjury, robbery,
46carjacking, 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
50any offense listed in the definition of racketeering activity in
51s. 895.02(1)(a), providing such listed offense is investigated
52in connection with a violation of s. 895.03 and is charged in a
53separate count of an information or indictment containing a
54count charging a violation of s. 895.03, the prosecution of
55which listed offense may continue independently if the
56prosecution of the violation of s. 895.03 is terminated for any
57reason;
58     4.  Any violation of the provisions of the Florida Anti-
59Fencing Act;
60     5.  Any violation of the provisions of the Florida
61Antitrust Act of 1980, as amended;
62     6.  Any crime involving, or resulting in, fraud or deceit
63upon any person;
64     7.  Any violation of s. 847.0135, relating to computer
65pornography and child exploitation prevention, or any offense
66related 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
70Fuel Tax Relief Act of 2004;
71
72or any attempt, solicitation, or conspiracy to commit any of the
73crimes specifically enumerated above. The office shall have such
74power only when any such offense is occurring, or has occurred,
75in two or more judicial circuits as part of a related
76transaction, or when any such offense is connected with an
77organized criminal conspiracy affecting two or more judicial
78circuits.
79     Section 9.  Subsection (1) of section 206.026, Florida
80Statutes, is amended to read:
81     206.026  Certain persons prohibited from holding a terminal
82supplier, importer, exporter, blender, carrier, terminal
83operator, or wholesaler license; suspension and revocation.--
84     (1)  No corporation, except a publicly held corporation
85regularly traded on a national securities exchange and not over
86the counter, general or limited partnership, sole
87proprietorship, business trust, joint venture or unincorporated
88association, or other business entity shall hold a terminal
89supplier, importer, exporter, blender, carrier, terminal
90operator, or wholesaler license in this state if any one of the
91persons or entities specified in paragraph (a) has been
92determined by the department not to be of good moral character
93or 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
100licenseholder.
101     7.  A joint venturer of the licenseholder.
102     8.  The owner of any equity interest in the licenseholder,
103whether as a common shareholder, general or limited partner,
104voting trustee, or trust beneficiary.
105     9.  An owner of any interest in the license or
106licenseholder, including any immediate family member of the
107owner, or holder of any debt, mortgage, contract, or concession
108from the licenseholder, who by virtue thereof is able to control
109the 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
112if 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
1152004.
116     Section 10.  Subsection (3) of section 206.404, Florida
117Statutes, is amended to read:
118     206.404  License requirements for retail dealers and
119resellers; penalty.--
120     (3)  Any retail dealer or reseller in violation of the
121provisions of this chapter or the provisions of the Florida
122Motor Fuel Tax Relief Act of 2004 shall be subject to revocation
123of his or her license under chapter 212.
124     Section 11.  In order to accomplish the intent of the
125Legislature set forth in section 4 of this act, a retail dealer
126of motor fuel, at the dealer's option, may manage its motor fuel
127inventory in such a way that the benefit to residents of this
128state of the tax reduction is maximized during August 2004. A
129retail dealer of motor fuel may sell motor fuel purchased
130without the tax reduction at an amount determined as if the tax
131reduction applied and may sell motor fuel purchased with the tax
132reduction at an amount determined as if the tax reduction did
133not apply; provided the retail dealer can show that the number
134of gallons purchased with the reduced tax equals the number of
135gallons sold at a price reflecting the reduced tax.
136     Section 12.  (1)  The sum of $206,000 is appropriated from
137the General Revenue Fund to the Department of Revenue for
138purposes of administering section 1 of this act.
139     (2)  The sum of $310,000 is appropriated from the General
140Revenue Fund to the Department of Revenue for the purpose of
141developing and implementing a public awareness campaign for and
142administering sections 2 through 11 of this act.
143     Section 13.  Effective July 1, 2004, the sum of $70 million
144is appropriated from the General Revenue Fund to the State
145Transportation Trust Fund.
146
147================ T I T L E  A M E N D M E N T =============
148     Remove lines 2-7, and insert:
149An act relating to taxation; specifying a period during
150which the sale of books, clothing, and school supplies are
151exempt from such tax; providing definitions; providing
152exceptions; authorizing the Department of Revenue to adopt
153rules; providing a popular name; providing for a reduction
154in the motor fuel tax for one month; providing dealer
155requirements; providing legislative intent; providing for
156a reduction in certain refunds for the same period;
157authorizing the executive director of the Department of
158Revenue to adopt emergency rules for certain purpose;
159making unlawful certain activities of certain entities
160relating to the tax reduction; providing criminal
161penalties; amending s. 16.56, F.S.; including offenses
162specified in this act under the investigation and
163prosecution authority of the Office of Statewide
164Prosecution; amending s. 206.026, F.S.; including offenses
165specified in this act under provisions prohibiting certain
166persons from holding certain licenses for certain
167violations; amending s. 206.404, F.S.; providing for
168revocation of certain licenses for violations of this act;
169authorizing motor fuel dealers to manage motor fuel
170inventory to maximize tax reduction benefits; providing
171criteria; providing appropriations; providing an effective
172date.


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