206.026 Certain persons prohibited from holding a
refiner, importer, or wholesaler license; suspension and
revocation. ---
[Footnote 1] (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 refiner, importer, 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.
(2)
(a) If the applicant for a license as specified under subsection (1)
or a licenseholder as specified in paragraph (1)(a) has received a full pardon
or a restoration of civil rights with respect to the conviction specified in
paragraph (1)(b), then the conviction shall not constitute an absolute bar to
the issuance or renewal of a license or ground for the revocation or
suspension of a license.
(b) A corporation which has been convicted of a felony shall be
entitled to apply for and receive a restoration of its civil rights in the
same manner and on the same grounds as an individual.
(3) After notice and hearing, the department shall refuse to
issue or renew, or shall suspend, as appropriate, any license found in
violation of subsection (1). The order shall become effective 120 days after
service of the order upon the licenseholder and shall be amended to constitute
a final order of revocation unless the licenseholder has, within that period
of time, either caused the divestiture, or agreed with the convicted person
upon a complete immediate divestiture, of his or her holding, or has
petitioned the circuit court as provided in subsection (4), or, in the case of
corporate officers or directors of the holder or employees of the holder, has
terminated the relationship between the licenseholder and those persons
mentioned. If no action has been taken by the licenseholder within the
120-day period following the issuance of the order of suspension, the
department shall, without further notice or hearing, enter a final order of
revocation of the license.
(4) The circuit courts shall have jurisdiction to decide a
petition brought by a holder of a license who shows that the holder's license
is in jeopardy of suspension or revocation under subsection (3) and that such
licenseholder is unable to agree upon the terms of divestiture of interest
with the person specified in subparagraphs (1)(a)3.-9. who has been convicted
of an offense specified in paragraph (1)(b). The court shall determine the
reasonable value of the interest of the convicted person and order a
divestiture upon such terms and conditions as it finds just. In determining
the value of the interest of the convicted person, the court may consider,
among other matters, the value of the assets of the licenseholder, its good
will and value as a going concern, recent and expected future earnings, and
other criteria usual and customary in the sale of like enterprises.
(5) The department shall make such rules for the photographing,
fingerprinting, and obtaining of personal data of individuals described in
paragraph (1)(a) and the obtaining of such data regarding the business
entities described in paragraph (1)(a) as are necessary to effectuate the
provisions of this section.
History: s. 78, ch. 85-342; s. 47, ch. 87-224; s. 1062, ch. 95-147; s. 4, ch.
95-417.
[Footnote 1] Note. Section 4, ch. 95-417, amended the section
catchline and subsection (1), effective July 1, 1996, to read:
206.026 Certain persons prohibited from holding a terminal
supplier, importer, exporter, 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, 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.