Senator Fasano moved the following amendment:
Senate Amendment (with title amendment)
Between lines 4243 and 4244,
Section 91. Sections 91 through 94 of this act may be cited
as the "Florida Motor Fuel Tax Relief Act of 2008."
Section 92. Beginning at 12:01 a.m. July 1, 2008, and
ending at midnight July 14, 2008, the tax levied under s.
206.41(1)(g), Florida Statutes, shall be reduced by 10 cents per
gallon. During this period, licensed terminal suppliers,
wholesalers, and importers of motor fuel shall charge and collect
the reduced rate of tax on sales of motor fuel to retail dealers
Section 93. It is the intent of the Legislature that the
tax reduction set forth in this act be passed on to the ultimate
consumer. The Attorney General may investigate violations of this
Section 94. Refunds authorized under s. 206.41(4), Florida
Statutes, for fuel purchased during the period described in
section 71 shall be reduced by the amount of the tax reduction
set forth in that section.
Section 95. The executive director of the Department of
Revenue is authorized to adopt emergency rules under ss.
120.536(1) and 120.54(4), Florida Statutes, to implement sections
91 through 94 of this act. Notwithstanding any other law, the
emergency rules shall remain effective for 6 months after the
date of adoption of the rules.
Section 96. A terminal supplier, wholesaler, importer,
reseller, or retail dealer of motor fuel may not retain any part
of the tax reduction set forth in this act or interfere with the
provision of the full benefit of the tax reduction to the retail
purchaser of motor fuel. A person who violates sections 91
through 94 of this act commits a felony of the third degree,
punishable as provided in s. 775.082 or s. 775.083, Florida
Section 97. Paragraph (a) of subsection (1) of section
16.56, Florida Statutes, is amended to read:
16.56 Office of Statewide Prosecution.--
(1) There is created in the Department of Legal Affairs an
Office of Statewide Prosecution. The office shall be a separate
"budget entity" as that term is defined in chapter 216. The
(a) Investigate and prosecute the offenses of:
1. Bribery, burglary, criminal usury, extortion, gambling,
kidnapping, larceny, murder, prostitution, perjury, robbery,
carjacking, and home-invasion robbery;
2. Any crime involving narcotic or other dangerous drugs;
3. Any violation of the provisions of the Florida RICO
(Racketeer Influenced and Corrupt Organization) Act, including
any offense listed in the definition of racketeering activity in
s. 895.02(1)(a), providing such listed offense is investigated in
connection with a violation of s. 895.03 and is charged in a
separate count of an information or indictment containing a count
charging a violation of s. 895.03, the prosecution of which
listed offense may continue independently if the prosecution of
the violation of s. 895.03 is terminated for any reason;
4. Any violation of the provisions of the Florida Anti-
5. Any violation of the provisions of the Florida Antitrust
Act of 1980, as amended;
6. Any crime involving, or resulting in, fraud or deceit
7. Any violation of s. 847.0135, relating to computer
pornography and child exploitation prevention, or any offense
related to a violation of s. 847.0135 or any violation of chapter
827 where the crime is facilitated by or connected to the use of
the Internet or any device capable of electronic data storage or
8. Any violation of the provisions of chapter 815;
9. Any criminal violation of part I of chapter 499;
10. Any violation of the provisions of the Florida Motor
Fuel Tax Relief Act of 2004 or the Florida Motor Fuel Tax Relief
11. Any criminal violation of s. 409.920 or s. 409.9201; or
12. Any crime involving voter registration, voting, or
candidate or issue petition activities;
or any attempt, solicitation, or conspiracy to commit any of the
crimes specifically enumerated above. The office shall have such
power only when any such offense is occurring, or has occurred,
in two or more judicial circuits as part of a related
transaction, or when any such offense is connected with an
organized criminal conspiracy affecting two or more judicial
Section 98. Subsection (1) of section 206.026, Florida
Statutes, is amended to read:
206.026 Certain persons prohibited from holding a terminal
supplier, importer, exporter, blender, carrier, terminal
operator, or wholesaler license; suspension and revocation.--
(1) No corporation, except a publicly held corporation
regularly traded on a national securities exchange and not over
the counter, general or limited partnership, sole proprietorship,
business trust, joint venture or unincorporated association, or
other business entity shall hold a terminal supplier, importer,
exporter, blender, carrier, terminal operator, or wholesaler
license in this state if any one of the persons or entities
specified in paragraph (a) has been determined by the department
not to be of good moral character or has been convicted of any
offense specified in paragraph (b):
(a)1. The licenseholder.
2. The sole proprietor of the licenseholder.
3. A corporate officer or director of the licenseholder.
4. A general or limited partner of the licenseholder.
5. A trustee of the licenseholder.
6. A member of an unincorporated association licenseholder.
7. A joint venturer of the licenseholder.
8. The owner of any equity interest in the licenseholder,
whether as a common shareholder, general or limited partner,
voting trustee, or trust beneficiary.
9. An owner of any interest in the license or
licenseholder, including any immediate family member of the
owner, or holder of any debt, mortgage, contract, or concession
from the licenseholder, who by virtue thereof is able to control
the business of the licenseholder.
(b)1. A felony in this state.
2. Any felony in any other state which would be a felony if
committed in this state under the laws of Florida.
3. Any felony under the laws of the United States.
4. A felony under the Florida Motor Fuel Tax Relief Act of
2004 or a felony under the Florida Motor Fuel Tax Relief Act of
Section 99. Subsection (3) of section 206.404, Florida
Statutes, is amended to read:
206.404 License requirements for retail dealers and
(3) Any retail dealer or reseller in violation of the
provisions of this chapter, or the provisions of the Florida
Motor Fuel Tax Relief Act of 2004, or the Florida Motor Fuel Tax
Relief Act of 2008 shall be subject to revocation of his or her
license under chapter 212.
Section 100. To achieve the intent of the Legislature set
forth in section 93 of this act, a retail dealer of motor fuel,
at the dealer's option, may manage its motor fuel inventory in
such a way that the benefit to residents of this state of the tax
reduction is maximized during the affected time period. A retail
dealer of motor fuel may sell motor fuel purchased without the
tax reduction at an amount determined as if the tax reduction
applied and may sell motor fuel purchased with the tax reduction
at an amount determined as if the tax reduction did not apply if
the retail dealer can show that the number of gallons purchased
with the reduced tax equals the number of gallons sold at a price
reflecting the reduced tax.
Section 101. The sum of $90,000 is appropriated from the
General Revenue Fund to the Department of Revenue for the purpose
of developing and implementing a public awareness campaign for
and administering sections 91 through 94 of this act.
Section 102. Effective July 1, 2008, the sum of $50 million
is appropriated from the General Revenue Fund to the State
Transportation Trust Fund.
================ T I T L E A M E N D M E N T ================
And the title is amended as follows:
On line 257, after the second semicolon,
creating the Florida Motor Fuel Tax Relief Act of 2008;
providing for a reduction in the motor fuel tax for 2
weeks; providing dealer requirements; providing
legislative intent; providing for a reduction in
certain refunds for the same period; authorizing the
executive director of the Department of Revenue to
adopt emergency rules for certain purposes; making
unlawful certain activities of certain entities
relating to the tax reduction; providing criminal
penalties; amending s. 16.56, F.S.; including offenses
specified in this act under the investigation and
prosecution authority of the Office of Statewide
Prosecution; amending s. 206.026, F.S.; including
offenses specified in this act under provisions
prohibiting certain persons from holding certain
licenses for certain violations; amending s. 206.404,
F.S.; providing for revocation of certain licenses for
violations of this act; authorizing motor fuel dealers
to manage motor fuel inventory to maximize tax-
reduction benefits; providing criteria; providing
4/30/2008 10:28:00 AM 11-09199-08