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



                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Ogles, Sembler, Bitner, Brown, Chestnut and

12  Goodlette offered the following:

13

14         Amendment (with title amendment) 

15         On page 27, line 8 of the bill

16

17  insert:

18         Section 13.  Subsections (2) and (3) of section

19  526.311, Florida Statutes, are amended to read:

20         526.311  Enforcement; civil penalties; injunctive

21  relief.--

22         (2)  The Department of Agriculture and Consumer

23  Services shall investigate any complaints regarding violations

24  of this act and may request in writing the production of

25  documents and records as part of its investigation of a

26  complaint. Trade secrets, as defined in s. 812.081, and

27  proprietary confidential business information contained in the

28  documents or records received by the department pursuant to a

29  written request or a Department of Legal Affairs subpoena are

30  confidential and exempt from the provisions of s. 119.07(1)

31  and s. 24(a), Art. I of the State Constitution. If the person

                                  1

    File original & 9 copies    05/03/00
    hrr0004                     10:53 am         01194-0067-633183




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  upon whom such request was made fails to produce the documents

  2  or records within 30 days after the date of the request, the

  3  department, through the department's office of general

  4  counsel, may of Agriculture and Consumer Services may request

  5  that the Department of Legal Affairs issue and serve a

  6  subpoena subpoenas to compel the production of such documents

  7  and records. If any person shall refuse to comply with a

  8  subpoena issued under this section, the department of Legal

  9  Affairs may petition a court of competent jurisdiction to

10  enforce the subpoena and assess such sanctions as the court

11  may direct. Refiners shall afford the department of

12  Agriculture and Consumer Services reasonable access to the

13  refiners' posted terminal price.  After completion of an

14  investigation, the Department of Agriculture and Consumer

15  Services shall give the results of its investigation to the

16  Department of Legal Affairs.  The Department of Legal Affairs

17  may then subpoena additional relevant records or testimony if

18  it determines that the Department of Agriculture and Consumer

19  Services' investigation shows a violation has likely occurred.

20  Any records, documents, papers, maps, books, tapes,

21  photographs, files, sound recordings, or other business

22  material, regardless of form or characteristics, obtained by

23  the a department of Legal Affairs subpoena are confidential

24  and exempt from the provisions of s. 119.07(1) and s. 24(a),

25  Art. I of the State Constitution while the investigation is

26  pending. At the conclusion of an investigation, any matter

27  determined by the department of Legal Affairs or by a judicial

28  or administrative body, federal or state, to be a trade secret

29  or proprietary confidential business information held by the

30  department pursuant to such investigation shall be considered

31  confidential and exempt from the provisions of s. 119.07(1)

                                  2

    File original & 9 copies    05/03/00
    hrr0004                     10:53 am         01194-0067-633183




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  and s. 24(a), Art. I of the State Constitution.  Such

  2  materials may be used in any administrative or judicial

  3  proceeding so long as the confidential or proprietary nature

  4  of the material is maintained.

  5         (3)  The civil penalty imposed under this section may

  6  be assessed and recovered in a civil action brought by the

  7  department of Legal Affairs in any court of competent

  8  jurisdiction. If the department of Legal Affairs prevails in a

  9  civil action, the court may award it reasonable attorneys'

10  fees as it deems appropriate.  All funds recovered by the

11  department of Legal Affairs shall be deposited into shared

12  equally between the Department of Legal Affairs Trust Fund and

13  the General Inspection Trust Fund.

14         Section 14.  Subsection (2) of section 526.312, Florida

15  Statutes, is amended to read:

16         526.312  Enforcement; private actions; injunctive

17  relief.--

18         (2)  On the application for a temporary restraining

19  order or a preliminary injunction, the court, in its

20  discretion having due regard for the public interest, may

21  require or dispense with the requirement of a bond, with or

22  without surety, as conditions and circumstances may require.

23  If a bond is required, the amount shall not be greater than

24  $50,000.  Upon proper application by the plaintiff, the court

25  shall grant preliminary injunctive relief if the plaintiff

26  shows:

27         (a)  That he or she is a proper person to seek the

28  relief requested.

29         (b)  There exist sufficiently serious questions going

30  to the merits to make such questions a fair ground for

31  litigation; and the court determines, on balance, the

                                  3

    File original & 9 copies    05/03/00
    hrr0004                     10:53 am         01194-0067-633183




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  hardships imposed on the defendant and the public interest by

  2  the issuance of such preliminary injunctive relief will be

  3  less than the hardship which would be imposed on the plaintiff

  4  if such preliminary injunctive relief were not granted.

  5

  6  The standards specified in paragraphs (a) and (b) shall also

  7  apply to actions for injunctive relief brought by the

  8  department of Legal Affairs under s. 526.311.

  9         Section 15.  Section 526.313, Florida Statutes, is

10  amended to read:

11         526.313  Limitations period for actions.--Any action

12  brought by the department of Legal Affairs shall be brought

13  within 2 years after the alleged violation occurred or should

14  reasonably have been discovered.  Any action brought by any

15  other person shall be brought within 1 year after the alleged

16  violation occurred or should reasonably have been discovered,

17  except that a private action brought under s. 526.305 for

18  unlawful price discrimination shall be brought within 2 years

19  from the date the alleged violation occurred or should

20  reasonably have been discovered.

21         Section 16.  Section 526.3135, Florida Statutes, is

22  amended to read:

23         526.3135  Reports by the Division of Standards

24  Department of Agriculture and Consumer Services.--The Division

25  of Standards Department of Agriculture and Consumer Services

26  is directed to compile a report pursuant to s. 570.544 of all

27  complaints received by the Department of Agriculture and

28  Consumer Services pursuant to this act.  Such report shall

29  contain at least the information required by s.

30  570.544(6)(b)2.-4. and shall be presented to the Speaker of

31  the House of Representatives and the President of the Senate

                                  4

    File original & 9 copies    05/03/00
    hrr0004                     10:53 am         01194-0067-633183




                                                   HOUSE AMENDMENT

                                 Bill No. CS for SB 1194, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  no later than January 1 of each year.

  2         Section 17.  There is hereby appropriated $100,000 from

  3  the General Revenue Fund and two full-time equivalent

  4  positions to the Department of Agriculture and Consumer

  5  Services to implement the provisions of Chapter 526, Part I,

  6  F.S.

  7

  8

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

10  And the title is amended as follows:

11         On page 2, line 21 after the semicolon

12

13  insert:

14         amending s. 526.311, F.S.; revising enforcement

15         provisions; transferring from the Department of

16         Legal Affairs to the Department of Agriculture

17         and Consumer Services responsibilities as the

18         lead agency to enforce the Motor Fuel Marketing

19         Practices Act; revising disposition of funds

20         collected in civil actions; amending ss.

21         526.312 and 526.313, F.S., to conform; amending

22         s. 526.3135, F.S.; specifying certain required

23         reporting by the Division of Standards of the

24         Department of Agriculture and Consumer

25         Services; providing an appropriation;

26

27

28

29

30

31

                                  5

    File original & 9 copies    05/03/00
    hrr0004                     10:53 am         01194-0067-633183