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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

646374

CHAMBER ACTION

Senate

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House



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Senator Fasano moved the following amendment:

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     Senate Amendment (with title amendment)

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     Between lines 4243 and 4244,

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insert:

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     Section 91. Sections 91 through 94 of this act may be cited

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as the "Florida Motor Fuel Tax Relief Act of 2008."

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     Section 92. Beginning at 12:01 a.m. July 1, 2008, and

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ending at midnight July 14, 2008, the tax levied under s.

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206.41(1)(g), Florida Statutes, shall be reduced by 10 cents per

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gallon. During this period, licensed terminal suppliers,

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wholesalers, and importers of motor fuel shall charge and collect

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the reduced rate of tax on sales of motor fuel to retail dealers

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located in this state.

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     Section 93. It is the intent of the Legislature that the

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tax reduction set forth in this act be passed on to the ultimate

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consumer. The Attorney General may investigate violations of this

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act.

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     Section 94. Refunds authorized under s. 206.41(4), Florida

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Statutes, for fuel purchased during the period described in

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section 71 shall be reduced by the amount of the tax reduction

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set forth in that section.

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     Section 95. The executive director of the Department of

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Revenue is authorized to adopt emergency rules under ss.

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120.536(1) and 120.54(4), Florida Statutes, to implement sections

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91 through 94 of this act. Notwithstanding any other law, the

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emergency rules shall remain effective for 6 months after the

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date of adoption of the rules.

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     Section 96. A terminal supplier, wholesaler, importer,

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reseller, or retail dealer of motor fuel may not retain any part

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of the tax reduction set forth in this act or interfere with the

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provision of the full benefit of the tax reduction to the retail

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purchaser of motor fuel. A person who violates sections 91

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through 94 of this act commits a felony of the third degree,

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punishable as provided in s. 775.082 or s. 775.083, Florida

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Statutes.

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     Section 97.  Paragraph (a) of subsection (1) of section

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16.56, Florida Statutes, is amended to read:

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     16.56  Office of Statewide Prosecution.--

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     (1)  There is created in the Department of Legal Affairs an

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Office of Statewide Prosecution. The office shall be a separate

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"budget entity" as that term is defined in chapter 216. The

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office may:

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     (a)  Investigate and prosecute the offenses of:

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     1.  Bribery, burglary, criminal usury, extortion, gambling,

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kidnapping, larceny, murder, prostitution, perjury, robbery,

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carjacking, and home-invasion robbery;

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     2.  Any crime involving narcotic or other dangerous drugs;

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     3.  Any violation of the provisions of the Florida RICO

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(Racketeer Influenced and Corrupt Organization) Act, including

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any offense listed in the definition of racketeering activity in

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s. 895.02(1)(a), providing such listed offense is investigated in

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connection with a violation of s. 895.03 and is charged in a

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separate count of an information or indictment containing a count

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charging a violation of s. 895.03, the prosecution of which

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listed offense may continue independently if the prosecution of

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the violation of s. 895.03 is terminated for any reason;

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     4.  Any violation of the provisions of the Florida Anti-

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Fencing Act;

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     5.  Any violation of the provisions of the Florida Antitrust

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Act of 1980, as amended;

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     6.  Any crime involving, or resulting in, fraud or deceit

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upon any person;

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     7.  Any violation of s. 847.0135, relating to computer

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pornography and child exploitation prevention, or any offense

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related to a violation of s. 847.0135 or any violation of chapter

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827 where the crime is facilitated by or connected to the use of

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the Internet or any device capable of electronic data storage or

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transmission;

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     8.  Any violation of the provisions of chapter 815;

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     9.  Any criminal violation of part I of chapter 499;

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     10.  Any violation of the provisions of the Florida Motor

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Fuel Tax Relief Act of 2004 or the Florida Motor Fuel Tax Relief

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Act of 2008;

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     11.  Any criminal violation of s. 409.920 or s. 409.9201; or

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     12.  Any crime involving voter registration, voting, or

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candidate or issue petition activities;

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or any attempt, solicitation, or conspiracy to commit any of the

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crimes specifically enumerated above. The office shall have such

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power only when any such offense is occurring, or has occurred,

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in two or more judicial circuits as part of a related

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transaction, or when any such offense is connected with an

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organized criminal conspiracy affecting two or more judicial

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circuits.

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     Section 98.  Subsection (1) of section 206.026, Florida

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Statutes, is amended to read:

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     206.026  Certain persons prohibited from holding a terminal

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supplier, importer, exporter, blender, carrier, terminal

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operator, or wholesaler license; suspension and revocation.--

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     (1)  No corporation, except a publicly held corporation

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regularly traded on a national securities exchange and not over

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the counter, general or limited partnership, sole proprietorship,

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business trust, joint venture or unincorporated association, or

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other business entity shall hold a terminal supplier, importer,

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exporter, blender, carrier, terminal operator, or wholesaler

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license in this state if any one of the persons or entities

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specified in paragraph (a) has been determined by the department

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not to be of good moral character or has been convicted of any

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offense specified in paragraph (b):

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     (a)1.  The licenseholder.

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     2.  The sole proprietor of the licenseholder.

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     3.  A corporate officer or director of the licenseholder.

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     4.  A general or limited partner of the licenseholder.

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     5.  A trustee of the licenseholder.

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     6.  A member of an unincorporated association licenseholder.

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     7.  A joint venturer of the licenseholder.

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     8.  The owner of any equity interest in the licenseholder,

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whether as a common shareholder, general or limited partner,

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voting trustee, or trust beneficiary.

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     9.  An owner of any interest in the license or

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licenseholder, including any immediate family member of the

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owner, or holder of any debt, mortgage, contract, or concession

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from the licenseholder, who by virtue thereof is able to control

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the business of the licenseholder.

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     (b)1.  A felony in this state.

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     2.  Any felony in any other state which would be a felony if

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committed in this state under the laws of Florida.

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     3.  Any felony under the laws of the United States.

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     4.  A felony under the Florida Motor Fuel Tax Relief Act of

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2004 or a felony under the Florida Motor Fuel Tax Relief Act of

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2008.

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     Section 99.  Subsection (3) of section 206.404, Florida

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Statutes, is amended to read:

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     206.404  License requirements for retail dealers and

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resellers; penalty.--

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     (3)  Any retail dealer or reseller in violation of the

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provisions of this chapter, or the provisions of the Florida

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Motor Fuel Tax Relief Act of 2004, or the Florida Motor Fuel Tax

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Relief Act of 2008 shall be subject to revocation of his or her

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license under chapter 212.

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     Section 100. To achieve the intent of the Legislature set

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forth in section 93 of this act, a retail dealer of motor fuel,

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at the dealer's option, may manage its motor fuel inventory in

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such a way that the benefit to residents of this state of the tax

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reduction is maximized during the affected time period. A retail

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dealer of motor fuel may sell motor fuel purchased without the

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tax reduction at an amount determined as if the tax reduction

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applied and may sell motor fuel purchased with the tax reduction

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at an amount determined as if the tax reduction did not apply if

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the retail dealer can show that the number of gallons purchased

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with the reduced tax equals the number of gallons sold at a price

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reflecting the reduced tax.

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     Section 101. The sum of $90,000 is appropriated from the

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General Revenue Fund to the Department of Revenue for the purpose

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of developing and implementing a public awareness campaign for

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and administering sections 91 through 94 of this act.

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     Section 102. Effective July 1, 2008, the sum of $50 million

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is appropriated from the General Revenue Fund to the State

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Transportation Trust Fund.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 257, after the second semicolon,

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insert:

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creating the Florida Motor Fuel Tax Relief Act of 2008;

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providing for a reduction in the motor fuel tax for 2

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weeks; providing dealer requirements; providing

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legislative intent; providing for a reduction in

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certain refunds for the same period; authorizing the

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executive director of the Department of Revenue to

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adopt emergency rules for certain purposes; making

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unlawful certain activities of certain entities

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relating to the tax reduction; providing criminal

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penalties; amending s. 16.56, F.S.; including offenses

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specified in this act under the investigation and

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prosecution authority of the Office of Statewide

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Prosecution; amending s. 206.026, F.S.; including

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offenses specified in this act under provisions

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prohibiting certain persons from holding certain

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licenses for certain violations; amending s. 206.404,

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F.S.; providing for revocation of certain licenses for

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violations of this act; authorizing motor fuel dealers

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to manage motor fuel inventory to maximize tax-

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reduction benefits; providing criteria; providing

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appropriations;

4/30/2008  10:28:00 AM     11-09199-08

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

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