(LATE FILED)	Amendment
Bill No. 0428

Amendment No. 079745

CHAMBER ACTION
Senate		House
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1	Representative Slosberg offered the following:
2
3	Amendment (with title amendment)
4	On page 7, line 26,
5	remove:  all of said line
6
7	and insert:
8	reimbursement rates authorized by section 1 of this act.
9	Section 3.  Section 526.303, Florida Statutes, is amended
10	to read:
11	526.303  Definitions.--As used in this act:
12	(1)  "Affiliate" means any person whose stock is more than
13	50 percent owned by, or who, regardless of stock ownership, is
14	controlled by, or who, regardless of stock ownership, is under
15	common control with, any refiner.
16	(2)  "Competition" means the vying for motor fuel sales
17	between any two sellers in the same relevant geographic market.
18	(3)  "Dealer" means any person, other than a refiner or
19	wholesaler, who is engaged in the business of selling motor fuel
20	at a retail outlet.
21	(4)  "Direct labor cost" means the personnel costs incurred
22	at a retail outlet attributable to providing motor fuel sales at
23	a retail outlet and includes, without limitation, the personnel
24	costs relating to the purchase, storage, inventory, and sale of
25	motor fuel, the maintenance of equipment, and environmental
26	reporting and compliance, but does not include the costs of
27	environmental cleanup or remediation. In no case shall the
28	direct labor cost be less than the cost of one employee's salary
29	and benefits, based upon that employee's working those hours in
30	which the retail outlet is providing motor fuel available to the
31	public.
32	(4)(5)  "Motor fuel" means any petroleum product, including
33	any special fuel, which is used for the propulsion of motor
34	vehicles.
35	(6)  "Nonrefiner" means any person, other than a refiner,
36	engaged in the sale of motor fuel.
37	(7)  "Nonrefiner cost" means: the nonrefiner's invoice cost
38	of the motor fuel, by grade, less credit card allowances, trade
39	discounts, and rebates actually received, to which shall be
40	added federal, state, and local taxes and inspection fees
41	applicable to motor fuel; freight charges to the retail outlet;
42	and direct labor costs and the reasonable rental value of the
43	retail outlet attributable to the sale of motor fuel by the
44	nonrefiner. If motor fuel is sold with another item at a
45	combined price, nonrefiner motor fuel cost shall also include
46	the cost of the other item and the direct labor costs and the
47	reasonable rental value of the retail outlet attributable to the
48	retail sale of the item by the nonrefiner.
49	(5)(8)  "Posted terminal price" means a refiner's posted
50	price at a terminal, by grade of motor fuel, to the wholesale
51	class of trade within a general trade area. If a refiner does
52	not have a posted terminal price in a general trade area, such
53	refiner's posted terminal price shall be deemed to be no lower
54	than the lowest posted terminal price of motor fuel of like
55	grade and quality of any other refiner selling to the wholesale
56	class of trade in the general trade area.
57	(9)  "Reasonable rental value" means the bona fide amount
58	of rent which would reasonably be paid in an arm's length
59	transaction for the use of the specific individual retail
60	outlet, including land and improvements, utilized for the sale
61	of motor fuel. The value of the land and improvements shall
62	include the costs of equipment; signage; utilities, property
63	taxes, and insurance, if paid by the owner; and environmental
64	compliance, such as testing, detection, and containment systems;
65	but does not include the costs of environmental cleanup and
66	remediation. In determining the reasonable rental value of the
67	specific retail outlet, the rental amount of comparable retail
68	outlets in the relevant geographic market shall be considered.
69	When motor fuel is sold at the retail level along with other
70	products, the reasonable rental value attributable to the sale
71	of motor fuel at the retail outlet shall be allocated by the
72	percentage of gross sales attributable to motor fuel sales.
73	(6)(10)  "Refiner" means any person who stores or exchanges
74	motor fuel at a terminal facility in this state and who sells or
75	transfers motor fuel through the loading rack at such terminal
76	facility, and includes an affiliate of such refiner with respect
77	to such affiliate's sale of motor fuel.
78	(11)  "Refiner cost" means a refiner's posted terminal
79	price plus state, federal, and local taxes and inspection fees
80	applicable to motor fuel, and freight charges to its retail
81	outlet, and direct labor costs and reasonable rental value of
82	the retail outlet attributable to the retail sale of motor fuel
83	by the refiner. If motor fuel is sold with another item, at a
84	combined price, refiner cost shall also include the cost of the
85	other item and direct labor costs and reasonable rental value of
86	the retail outlet attributable to the retail sale of the item by
87	the refiner.
88	(7)(12)  "Relevant geographic market" means the geographic
89	area of effective competition.
90	(8)(13)  "Rent" means the payment of an amount by an
91	individual or agency in return for the right to occupy or use
92	the property of another.
93	(9)(14)  "Retail outlet" means a facility, including land
94	and improvements, where motor fuel is offered for sale, at
95	retail, to the motoring public.
96	(10)(15)  "Sale" or "sell" means any transfer, gift, sale,
97	offer for sale, or advertisement for sale in any manner or by
98	any means whatsoever, including any transfer of motor fuel from
99	a person to itself or an affiliate at another level of
100	distribution, but does not include product exchanges at the
101	wholesale level of distribution.
102	(11)(16)  "Terminal facility" means any inland, waterfront,
103	or offshore appurtenance on land used for the purpose of
104	storing, handling, or transferring motor fuel, but does not
105	include bulk storage facilities owned or operated by a
106	wholesaler.
107	(12)(17)  "Wholesaler" means any person, other than a
108	refiner or dealer, who purchases motor fuel at a terminal
109	facility and supplies motor fuel to retail outlets.
110	Section 4.  Subsection (3) of section 526.305, Florida
111	Statutes, is amended to read:
112	526.305  Discriminatory practices unlawful; exceptions.--
113	(3)  Subject to the limitations of s. 526.304(3), A sale
114	made in good faith to meet an equally low price of a competitor
115	selling motor fuel of like grade which can be used in the same
116	motor vehicle is not a violation of this section.
117	Section 5.  Sections 526.304 and 526.309, Florida Statutes,
118	are repealed.
119
120	========= T I T L E  A M E N D M E N T =========
121	On page 1, lines 2 through 7, delete those lines
122
123	and insert:
124	An act relating to expenses reimbursement and the Motor Fuel
125	Marketing Practices Act; amending s. 112.061, F.S.; revising per
126	diem, subsistence, and mileage rates for purposes of
127	reimbursement of travel expenses of public officers, employees,
128	and authorized persons; providing an appropriation; amending s.
129	526.303, F.S.; deleting definitions to conform; repealing s.
130	526.304, F.S., relating to unlawful predatory practices and
131	exceptions thereto; repealing s. 526.309, F.S., relating to
132	exempt retail sales by a refiner; amending s. 526.305, F.S.;
133	deleting a cross-reference to conform; providing

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