CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for CS for SB 1904
Amendment No.
CHAMBER ACTION
Senate House
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11 Senators Carlton and Bronson moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 19, between lines 24 and 25,
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17 Section 21. Subsections (2) and (3) of section
18 526.311, Florida Statutes, are amended to read:
19 526.311 Enforcement; civil penalties; injunctive
20 relief.--
21 (2) The Department of Agriculture and Consumer
22 Services shall investigate any complaints regarding violations
23 of this act and may request in writing the production of
24 documents and records as part of its investigation of a
25 complaint. Trade secrets, as defined in s. 812.081, and
26 proprietary confidential business information contained in the
27 documents or records received by the department pursuant to a
28 written request or a Department of Legal Affairs subpoena are
29 confidential and exempt from the provisions of s. 119.07(1)
30 and s. 24(a), Art. I of the State Constitution. If the person
31 upon whom such request was made fails to produce the documents
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1 or records within 30 days after the date of the request, the
2 department, through the department's office of general
3 counsel, may of Agriculture and Consumer Services may request
4 that the Department of Legal Affairs issue and serve a
5 subpoena subpoenas to compel the production of such documents
6 and records. If any person shall refuse to comply with a
7 subpoena issued under this section, the department of Legal
8 Affairs may petition a court of competent jurisdiction to
9 enforce the subpoena and assess such sanctions as the court
10 may direct. Refiners shall afford the department of
11 Agriculture and Consumer Services reasonable access to the
12 refiners' posted terminal price. After completion of an
13 investigation, the Department of Agriculture and Consumer
14 Services shall give the results of its investigation to the
15 Department of Legal Affairs. The Department of Legal Affairs
16 may then subpoena additional relevant records or testimony if
17 it determines that the Department of Agriculture and Consumer
18 Services' investigation shows a violation has likely occurred.
19 Any records, documents, papers, maps, books, tapes,
20 photographs, files, sound recordings, or other business
21 material, regardless of form or characteristics, obtained by
22 the a department of Legal Affairs subpoena are confidential
23 and exempt from the provisions of s. 119.07(1) and s. 24(a),
24 Art. I of the State Constitution while the investigation is
25 pending. At the conclusion of an investigation, any matter
26 determined by the department of Legal Affairs or by a judicial
27 or administrative body, federal or state, to be a trade secret
28 or proprietary confidential business information held by the
29 department pursuant to such investigation shall be considered
30 confidential and exempt from the provisions of s. 119.07(1)
31 and s. 24(a), Art. I of the State Constitution. Such
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SENATE AMENDMENT
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Amendment No.
1 materials may be used in any administrative or judicial
2 proceeding so long as the confidential or proprietary nature
3 of the material is maintained.
4 (3) The civil penalty imposed under this section may
5 be assessed and recovered in a civil action brought by the
6 department of Legal Affairs in any court of competent
7 jurisdiction. If the department of Legal Affairs prevails in a
8 civil action, the court may award it reasonable attorneys'
9 fees as it deems appropriate. All funds recovered by the
10 department of Legal Affairs shall be deposited into shared
11 equally between the Department of Legal Affairs Trust Fund and
12 the General Inspection Trust Fund.
13 Section 22. Subsection (2) of section 526.312, Florida
14 Statutes, is amended to read:
15 526.312 Enforcement; private actions; injunctive
16 relief.--
17 (2) On the application for a temporary restraining
18 order or a preliminary injunction, the court, in its
19 discretion having due regard for the public interest, may
20 require or dispense with the requirement of a bond, with or
21 without surety, as conditions and circumstances may require.
22 If a bond is required, the amount shall not be greater than
23 $50,000. Upon proper application by the plaintiff, the court
24 shall grant preliminary injunctive relief if the plaintiff
25 shows:
26 (a) That he or she is a proper person to seek the
27 relief requested.
28 (b) There exist sufficiently serious questions going
29 to the merits to make such questions a fair ground for
30 litigation; and the court determines, on balance, the
31 hardships imposed on the defendant and the public interest by
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1 the issuance of such preliminary injunctive relief will be
2 less than the hardship which would be imposed on the plaintiff
3 if such preliminary injunctive relief were not granted.
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5 The standards specified in paragraphs (a) and (b) shall also
6 apply to actions for injunctive relief brought by the
7 department of Legal Affairs under s. 526.311.
8 Section 23. Section 526.313, Florida Statutes, is
9 amended to read:
10 526.313 Limitations period for actions.--Any action
11 brought by the department of Legal Affairs shall be brought
12 within 2 years after the alleged violation occurred or should
13 reasonably have been discovered. Any action brought by any
14 other person shall be brought within 1 year after the alleged
15 violation occurred or should reasonably have been discovered,
16 except that a private action brought under s. 526.305 for
17 unlawful price discrimination shall be brought within 2 years
18 from the date the alleged violation occurred or should
19 reasonably have been discovered.
20 Section 24. Section 526.3135, Florida Statutes, is
21 amended to read:
22 526.3135 Reports by the Division of Standards
23 Department of Agriculture and Consumer Services.--The Division
24 of Standards Department of Agriculture and Consumer Services
25 is directed to compile a report pursuant to s. 570.544 of all
26 complaints received by the Department of Agriculture and
27 Consumer Services pursuant to this act. Such report shall
28 contain at least the information required by s.
29 570.544(6)(b)2.-4. and shall be presented to the Speaker of
30 the House of Representatives and the President of the Senate
31 no later than January 1 of each year.
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Amendment No.
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2 (Redesignate subsequent sections.)
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6 And the title is amended as follows:
7 On page 3, line 10, after the semicolon,
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9 insert:
10 amending s. 526.311, F.S.; revising enforcement
11 provisions; transferring from the Department of
12 Legal Affairs to the Department of Agriculture
13 and Consumer Services responsibilities as the
14 lead agency to enforce the Motor Fuel Marketing
15 Practices Act; revising disposition of funds
16 collected in civil actions; amending ss.
17 526.312, 526.313, F.S., to conform; amending s.
18 526.3135, F.S.; specifying certain required
19 reporting by the Division of Standards of the
20 Department of Agriculture and Consumer
21 Services;
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