Amendment
Bill No. 1315

Amendment No. 423129

CHAMBER ACTION
Senate		House
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1	Representative(s) Russell offered the following:
2
3	Amendment (with title amendment)
4	Between lines 242 and 243, insert:
5	Section 6.  Section 526.303, Florida Statutes, is amended
6	to read:
7	526.303  Definitions.--As used in this act:
8	(1)  "Affiliate" means any person whose stock is more than
9	50 percent owned by, or who, regardless of stock ownership, is
10	controlled by, or who, regardless of stock ownership, is under
11	common control with, any refiner.
12	(2)  "Competition" means the vying for motor fuel sales
13	between any two sellers in the same relevant geographic market.
14	(3)  "Dealer" means any person, other than a refiner or
15	wholesaler, who is engaged in the business of selling motor fuel
16	at a retail outlet.
17	(4)  "Direct labor cost" means the personnel costs incurred
18	at a retail outlet attributable to providing motor fuel sales at
19	a retail outlet and includes, without limitation, the personnel
20	costs relating to the purchase, storage, inventory, and sale of
21	motor fuel, the maintenance of equipment, and environmental
22	reporting and compliance, but does not include the costs of
23	environmental cleanup or remediation. In no case shall the
24	direct labor cost be less than the cost of one employee's salary
25	and benefits, based upon that employee's working those hours in
26	which the retail outlet is providing motor fuel available to the
27	public.
28	(4)(5)  "Motor fuel" means any petroleum product, including
29	any special fuel, which is used for the propulsion of motor
30	vehicles.
31	(6)  "Nonrefiner" means any person, other than a refiner,
32	engaged in the sale of motor fuel.
33	(7)  "Nonrefiner cost" means: the nonrefiner's invoice cost
34	of the motor fuel, by grade, less credit card allowances, trade
35	discounts, and rebates actually received, to which shall be
36	added federal, state, and local taxes and inspection fees
37	applicable to motor fuel; freight charges to the retail outlet;
38	and direct labor costs and the reasonable rental value of the
39	retail outlet attributable to the sale of motor fuel by the
40	nonrefiner. If motor fuel is sold with another item at a
41	combined price, nonrefiner motor fuel cost shall also include
42	the cost of the other item and the direct labor costs and the
43	reasonable rental value of the retail outlet attributable to the
44	retail sale of the item by the nonrefiner.
45	(5)(8)  "Posted terminal price" means a refiner's posted
46	price at a terminal, by grade of motor fuel, to the wholesale
47	class of trade within a general trade area. If a refiner does
48	not have a posted terminal price in a general trade area, such
49	refiner's posted terminal price shall be deemed to be no lower
50	than the lowest posted terminal price of motor fuel of like
51	grade and quality of any other refiner selling to the wholesale
52	class of trade in the general trade area.
53	(9)  "Reasonable rental value" means the bona fide amount
54	of rent which would reasonably be paid in an arm's length
55	transaction for the use of the specific individual retail
56	outlet, including land and improvements, utilized for the sale
57	of motor fuel. The value of the land and improvements shall
58	include the costs of equipment; signage; utilities, property
59	taxes, and insurance, if paid by the owner; and environmental
60	compliance, such as testing, detection, and containment systems;
61	but does not include the costs of environmental cleanup and
62	remediation. In determining the reasonable rental value of the
63	specific retail outlet, the rental amount of comparable retail
64	outlets in the relevant geographic market shall be considered.
65	When motor fuel is sold at the retail level along with other
66	products, the reasonable rental value attributable to the sale
67	of motor fuel at the retail outlet shall be allocated by the
68	percentage of gross sales attributable to motor fuel sales.
69	(6)(10)  "Refiner" means any person who stores or exchanges
70	motor fuel at a terminal facility in this state and who sells or
71	transfers motor fuel through the loading rack at such terminal
72	facility, and includes an affiliate of such refiner with respect
73	to such affiliate's sale of motor fuel.
74	(11)  "Refiner cost" means a refiner's posted terminal
75	price plus state, federal, and local taxes and inspection fees
76	applicable to motor fuel, and freight charges to its retail
77	outlet, and direct labor costs and reasonable rental value of
78	the retail outlet attributable to the retail sale of motor fuel
79	by the refiner. If motor fuel is sold with another item, at a
80	combined price, refiner cost shall also include the cost of the
81	other item and direct labor costs and reasonable rental value of
82	the retail outlet attributable to the retail sale of the item by
83	the refiner.
84	(7)(12)  "Relevant geographic market" means the geographic
85	area of effective competition.
86	(8)(13)  "Rent" means the payment of an amount by an
87	individual or agency in return for the right to occupy or use
88	the property of another.
89	(9)(14)  "Retail outlet" means a facility, including land
90	and improvements, where motor fuel is offered for sale, at
91	retail, to the motoring public.
92	(10)(15)  "Sale" or "sell" means any transfer, gift, sale,
93	offer for sale, or advertisement for sale in any manner or by
94	any means whatsoever, including any transfer of motor fuel from
95	a person to itself or an affiliate at another level of
96	distribution, but does not include product exchanges at the
97	wholesale level of distribution.
98	(11)(16)  "Terminal facility" means any inland, waterfront,
99	or offshore appurtenance on land used for the purpose of
100	storing, handling, or transferring motor fuel, but does not
101	include bulk storage facilities owned or operated by a
102	wholesaler.
103	(12)(17)  "Wholesaler" means any person, other than a
104	refiner or dealer, who purchases motor fuel at a terminal
105	facility and supplies motor fuel to retail outlets.
106	Section 7.  Subsection (3) of section 526.305, Florida
107	Statutes, is amended to read:
108	526.305  Discriminatory practices unlawful; exceptions.--
109	(3)  Subject to the limitations of s. 526.304(3), A sale
110	made in good faith to meet an equally low price of a competitor
111	selling motor fuel of like grade which can be used in the same
112	motor vehicle is not a violation of this section.
113	Section 8.  Sections 526.304 and 526.309, Florida Statutes,
114	are repealed.
115
116
117	======= T I T L E  A M E N D M E N T =======
118	Between lines 38 and 39, insert:
119	amending s. 526.303, F.S.; deleting definitions relating
120	to the Motor Fuel Marketing Practices Act to conform to
121	changes made by this act; repealing s. 526.304, F.S.,
122	relating to unlawful predatory practices and exceptions
123	thereto; repealing s. 526.309, F.S., relating to exempt
124	retail sales by a refiner; amending s. 526.305, F.S.;
125	deleting a cross-reference;

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