LXIV Edition November 2004
Gasoline Retailers Association of Florida
214 Stevenage Drive Longwood, Florida 32779
407-774-9700 Fax 407-788-3860 http://www.flagas.com e-mail e mail email@example.com
Pat Moricca President SSDA / NCPR-AT
Service Station Dealers of America
Gasoline Retailers Association of Florida is a non-profit association representing Independent
Gasoline Retailers, Convenience Stores, Gasoline Service Stations, Repair Shops, Tire Retailers, Truck
Stops and Associates throughout Florida. Our goal is to improve the interests of these independent
businesses and the motoring public. Cooperation with insurance companies provides benefits for our
members. These benefits include money-saving programs for group health, workers' compensation,
casualty, property and gasoline tank liability insurance. Benefits also include financing to purchase
your gasoline station property and much more.
VISIT OUR WEB SITE FOR THE LATEST GASOLINE
INDUSTRY INFORMATION AND BENEFITS
*** CRUDE OIL NEWS***
October, 2004 Crude oil in New York (Nymex Crude) rose to over $55.00 a barrel, an all time high.
Average U.S. Gas Price Tops $2
OCTOBER, 2004 -- NEW YORK -- The average could hit a record as fuel prices rebound much faster and
appear headed much higher than experts had predicted.
It’s incredibly unusual to have gasoline prices higher on Halloween than on the spring and summer
The nationwide average on Oct 25 for a gallon of unleaded regular was $2.07. The U.S. Energy
Information Administration samples prices each Monday. Prices are about 45 cents a gallon higher than a
year ago, adding roughly over $200 to the yearly fuel bill for a midsize sedan, $300 for a midsize sport-
utility vehicle and perhaps $500 for a full-size SUV that uses premium fuel.
”Gasoline prices affect almost everyone 16 years of age or older," EIA noted.
Supreme Court To Review Hawaii Gasoline Case
OCTOBER, 2004 -- WASHINGTON -- The Supreme Court will decide whether Hawaii crossed the line to keep gasoline
affordable for residents when it imposed rent caps on dealer-run stations, reported the Associated Press.
Lower courts said the 1997 law, intended to protect independent dealers and promote competition, and were
unconstitutional. The case to be argued early next year will set guidelines for other states.
Nineteen states and many City and Legislative leaders had urged the Supreme Court to hear Hawaii's appeal, arguing
that their own regulations of various types could be affected.
Chevron USA filed a challenge to the law, which restricted lease prices that oil companies could charge their dealer-
owned stations and barred the companies from taking over those stations.
The company won, on grounds that the law was an unconstitutional taking of its property.
In the appeal, Hawaii argues that such economic regulations are not property takings and that judges should consider
states' authority to determine policy.
High court takes part of gasoline dispute. Large number of station owners can now be paid.
WASHINGTON - The U.S. Supreme Court agreed Tuesday to decide which gas station owners can claim refunds from
Exxon Mobil Corp. in a $1.1 billion class-action lawsuit involving alleged fuel overcharges.
But the high court refused to review much of the case. And that means the bulk of the claims by station owners across the
country can now be paid, attorneys for the service station owners said.
"I'm going to go home and celebrate," said Eric Kiersh, owner of the Exxon Car Care Center at the corner of Kirby and
Holcombe. Kiersh said Irving-based Exxon Mobil owes him well over $300,000.
According to a statement from the plaintiffs' attorneys, the Supreme Court will only review whether the trial court had
jurisdiction over individual claims worth less than $50,000 at the time the case was filed in 1991.
That represents more than half the service station owners involved, attorneys for the dealers said. But their claims
represent only about 7 percent of the total amount being sought.
Exxon Mobil Profits Surge on High
Exxon Mobil Corp., the world's largest publicly traded oil company, reported record third quarter
profits and may be headed for all-time marks for annual revenue and earnings, thanks to higher
prices for oil and natural gas.
The company said it earned $5.68 billion, in the third quarter, compared with $3.65 billion, a year earlier.
Revenue jumped to $76.38 billion from $58.84 billion.
For the first nine months of the year, Exxon Mobil's earnings were a record $16.91 billion, compared to $14.86
billion, in the same period last year. Revenue rose to $214.67 billion from $180.79 billion.
At that pace, Irving, Texas-based Exxon Mobil appeared likely to surpass its all-time high for revenue - $246.74
billion - set last year.
The company was also ahead of pace to break its record profit of $21.51 billion, also set last year.
The combined $18.8 billion third-quarter profits of the world's four largest publicly traded oil companies, Exxon
Mobil Corp., ChevronTexaco Corp., BP Plc and Royal Dutch/Shell Group are 80 percent higher than a year ago.
At the same time, the industry's extraordinary gains are putting a dent in the finances of families and businesses.
American consumers are expected to spend $40 billion more this year just to heat their homes, fuel their cars and
ChevronTexaco Reports Third-Quarter Financials
SAN RAMON, Calif. -- ChevronTexaco Corp. has reported net income of $3.2 billion for third-
quarter 2004, compared with net income of $2 billion in last year’s third quarter. The amount in
2004 included special-item gains of $486 million related to the sale of nonstrategic assets.
For the nine months of 2004, net income was $9.9 billion, compared with $5.5 billion in the corresponding 2003
“Our strong results in the third quarter build on record earnings for our company in the first half of this year,” said
Chairman and CEO Dave O’Reilly. “Third-quarter profits in our upstream operations benefited from higher prices
for crude oil and natural gas than a year ago, while our downstream businesses outside the United States earned
higher margins on increased demand for refined products.
ConocoPhillips Profits Up 54 Percent
October, 2004 -- HOUSTON -- ConocoPhillips, the nation's third-largest oil company, reported a 54
percent jump in third-quarter profits as it benefited from high oil and natural gas prices, reported the
ConocoPhillips said Wednesday that it earned $2.01 billion for the July-September period, up from $1.31
billion a year ago. Revenues for the quarter were $34.7 billion compared to $26.5 billion during the same
period a year ago.
ConocoPhillips said the earnings increase was primarily due to higher crude oil and natural gas prices.
During the first nine months of 2004, ConocoPhillips earned $5.70 billion, up from $3.71 billion, during the first
nine months of 2003. Revenue rose to $96.8 billion from $79.1 billion a year ago.
There are concerns over certain compliance guidelines that investigators are using. You will be subjected to further
investigation if your retail price has moved more than 6 cents a gallon. Wholesale prices have increased 25 cents a gallon
or more in the last few months that might trigger the 6-cent guideline point be implemented. You will have to justify your
retail and wholesale prices, but that doesn’t stop the time-consuming and punitive requirements for you to defend yourself
against false accusations. Keep your records available for any investigation you might be involved in.
Press releases for ongoing investigations have alerted the media regarding price gouging accusations involving you or
your customers. A press release of an ongoing investigation should not release a station name to the press until the
investigation is complete. It gives the impression that the gasoline station is guilty of price gouging.
More Majors Switch To One Price Sign Only
In a bid to give marketers a weapon in the Big Box wars, more majors are moving to one price sign only. Shell has been
testing the concept for some time and recently gave jobbers and dealers the go ahead to adopt the strategy where local
regulations allow. Major Oil Companies are designing new pricing signage that their marketers can install.
BP has tested the concept for a year or so at company-operated "Connect" C-stores in Chicago and key Ohio markets,
sources say. A single price -- for unleaded -- is posted on pole signs, with prices for all grades displayed at the pump. "It's
more visible, it makes it easier for customers to see what the prices are," says BP.
Major Oil Companies forced independent gasoline stations to display three grade prices on their pole signs where there
were no local regulations. Now that the oil companies control (MSO’s) and company-operate most of the gasoline
stations, they made a 180 degree turn to one price sign only.
State of Emergency Ends
October 24th, the last declared “State of Emergency” has ended. All of the special provisions that went with the declaration such as
hours of operation, weight restrictions and the price gouging statute end.
There is an extra 30-day provision for those entities providing continued relief efforts.
BP Hope For Hypermarket Partnership!
BP has rankled jobbers with aggressive supply of Costco warehouse stations in the last two years, but
execs told marketers that BP is working on a possible deal with a "large retail chain" that could result
in branded marketers providing supply, services and management of hundreds of the new fueling sites.
Because of its Chicago-area headquarters, there is already speculation that the retailer could be Chicago-
based Sears or Minneapolis-based Target, both of whom have looked at possible fuel rollouts in the last
two years, or a more formalized relationship with Costco.
Marketers also theorize that BP may do a credit card swap deal, whereby BP-issued cards would be
accepted at the hypermarket sites, and vice-versa.
According to BP North American Fuels President John Melo, warehouse clubs like Costco, BJ's and
Sam's now have some 42 million members for the various clubs.
Analysts Fear Tight Oil Supplies for Years
The world's oil supply is expected to be stretched thin for another two to three years, even as
demand tapers off and the industry gears up for an exploration and production spending spree in
That could keep prices for gasoline, heating oil and other petroleum-based products high by
recent historical standards, perhaps through 2007, even though analysts say the price of oil
itself is likely to fall below $50 a barrel and possibly below $40 a barrel as early as next year.
The actual number of barrels produced is likely to grow only slightly faster than demand, at least in the near-term, leaving
global supplies uncomfortably low.
DEATH OF COMMON SENSE
Today we mourn the passing of an old friend, by the name of Common Sense. Common Sense lived a
long life but died recently in the United States. No one really knows how old he was, since his birth
records were long ago lost in bureaucratic red tape. He selflessly devoted his life to service in schools,
hospitals, homes, factories helping folks get jobs done without fanfare and foolishness. For decades,
petty rules, silly laws, and frivolous lawsuits held no power over Common Sense. He was credited with
cultivating such valued lessons as to know when to come in out of the rain, why the early bird gets the
worm, and that life isn't always fair.
Common Sense lived by simple, sound financial policies (don't spend more than you earn), reliable parenting
strategies (the adults are in charge, not the kids), and its okay to come in second. A veteran of the Industrial
Revolution, the Great Depression, and the Technological Revolution, Common Sense survived cultural and
educational trends including body piercing, whole language, and "new math." But his health declined when he
became infected with the "If-it-only-helps- one-person-it's-worth-it" virus.
In recent decades his waning strength proved no match for the ravages of well intentioned but overbearing
regulations. He watched in pain as good people became ruled by self-seeking lawyers. His health rapidly
deteriorated when schools endlessly implemented zero tolerance policies.
Reports of a six-year-old boy charged with sexual harassment for kissing a classmate, a teen suspended for
taking a swig of mouthwash after lunch, and a teacher fired for reprimanding an unruly student only worsened his
condition. It declined even further when schools had to get parental consent to administer aspirin to a student but
could not inform the parent when a female student was pregnant or wanted an abortion.
Finally, Common Sense lost his will to live as the Ten Commandments became contraband, churches became
businesses, criminals received better treatment than victims, and federal judges stuck their noses in everything
from the Boy Scouts to professional sports.
Finally, when people, too stupid to realize that a steaming cup of coffee was hot, were awarded a huge
settlement, Common Sense threw in the towel.
As the end neared, Common Sense drifted in and out of logic but was kept informed of developments regarding
questionable regulations such as those for low flow toilets, rocking chairs, and stepladders.
Common Sense was preceded in death by his parents, Truth and Trust; his wife, Discretion; his daughter,
Responsibility; and his son, Reason.
He is survived by two stepbrothers: My Rights, and Ima Whiner. Not many attended his funeral because so few
realized he was gone.
Statement from the Department of Health and Human Services Regarding Chiron Flu Vaccine
The loss of the Chiron flu vaccine poses a serious challenge to our vaccine supply for the upcoming flu season. Chiron
was to produce between 46-48 million doses of influenza vaccine for the United States. The Department has begun
pursuing contingencies for this loss of supply.
We currently anticipate having approximately 54 million doses of influenza vaccine from Aventis and about another 1-2
million doses of FluMist nasal spray. HHS had planned for a vaccine supply of about 100 million doses this season, after a
demand of about 87 million doses last flu season.
Our immediate focus will be on making sure that the supply we do have reaches those who are most vulnerable. The
Centers for Disease Control and Prevention is convening its Advisory Committee on Immunization Practices to prioritize
its recommendations on who should get the flu vaccine for this season based on the new vaccine supply information.
We will need the help of the public, the public health community and the medical community to make sure that the vaccine
goes to those who truly need it most.
HHS and its agencies will make more information available regarding the influenza vaccine supply as it becomes
Scientist Claims Cigarette Makers Avoided Safer Smokes
OCTOBER, 2004 -- WASHINGTON -- A former Philip Morris scientist testified that for years, top
cigarette makers have chosen not to make their products safer despite having the knowledge to do
so, reported the Associated Press.
William Farone, a chemist who directed applied research at Philip Morris from 1976 to 1984, testified
Wednesday in the government's racketeering lawsuit against the tobacco industry.
As director of applied research, Farone said he spent about 80 percent of his time researching methods to reduce
the health risks of cigarettes. Cigarette companies control the content of smoke through filter design, selection
and processing of tobacco and additives, the placement of ventilation holes and other technical means, Farone
It's possible to make cigarettes with virtually no tar or nicotine and to strip out certain cancer-causing chemicals,
he testified. Farone said the industry should have done more to remove suspected carcinogens, "some of them
known since the '50s," he said.
Under a procedure dictated by U.S. District Judge Gladys Kessler, Farone submitted 182 pages of direct, written
testimony last week. He spent most of the Wednesday under cross-examination by Dan Webb, a lawyer for Altria
Group Inc.'s Philip Morris USA unit.
Webb got Farone to acknowledge that tobacco companies successfully lowered nicotine and tar levels in
cigarettes over the years and brought those products to the market.
Webb also noted that the companies put numerous cigarettes on the market with different kinds of filters or
ventilation holes, which can reduce the toxins smokers inhale.
FTC Cracks down On Spyware Operation
The Federal Trade Commission has asked a U.S. District Court to shut down a spyware operation that hijacks computers,
secretly changes their settings, barrages them with pop-up ads, and installs adware and other software programs that spy
on consumers' Web surfing. The spyware may cause computers to malfunction, slow down, or even crash. The FTC
alleges the spyware operation violates federal law and will ask the court to bar the practices permanently and order the
defendants to give up their ill-gotten gains.
Having created serious problems for consumers, the defendants offer to sell them a solution. The spyware causes the
CD-ROM tray on computers to open, and then tells consumers “FINAL WARNING!! If your cd-rom drive(s) open. . . You
DESPERATELY NEED to rid your system of spyware pop-ups IMMEDIATELY! Spyware programmers can control your
computer hardware if you failed to protect your computer right at this moment! Download Spy Wiper NOW!” Spy Wiper
and Spy Deleter, another purported anti-spyware product the defendants promoted, were sold for approximately $30.
Coke to Introduce Energy Drink
OCTOBER, 2004 -- In January, Coke plans to introduce an energy drink called Full Throttle. Coke hopes
it will be a better competitor than an earlier entry, the slow-selling KMX, reported the Atlanta Journal-
Coke, along with every other company in the category, wants to carve into the vast lead established by
Red Bull, a high-octane energy drink that has consistently out-muscled its competition.
Red Bull held 58.5 percent of the U.S. energy drink market in 2003, boosted by sales growth of 45 percent.
So far, Pepsi has a pair of entrants that have cracked the top five. While Coke will keep offering KMX to its
bottlers, Full Throttle is clearly a new hope for success.
“It’s a category that continues to grow,” said Coke spokesman Scott Williamson. “We want to have an increasing
Full Throttle will deliver about twice the caffeine as the same amount of Coke Classic.
Firefighter Brand Products begins national rollout in Florida
Brand Products to be available at convenience stores and delis throughout Florida.
Firefighter Brand Products, a new food and beverage brand has begun its national rollout in Florida at Publix Super
Markets just prior to the start of Fire Prevention Month in October. In addition to participating Publix Super Markets,
Firefighter Brand Products will also be available at convenience stores and delis throughout Florida.
Twenty-five (25) percent of Firefighter Brand Products` annual net profits will be donated to national and local firefighter-
related charitable organizations and causes with an emphasis on providing funding to support equipment upgrades, burn
centers, scholarships, community activities and other firefighter-related humanitarian causes.
Corporate Defense Strategies Inc. / Information Research Specialist Inc.
Corporate Defense Strategies / Information Research Specialist provides national and worldwide services. We are a full
service private investigation firm that is licensed, bonded and insured. Our principle investigator has over twenty-five
years experience in loss prevention and corporate security. Our investigators are also experts in corporate theft
investigations, background checks, interview & interrogations / skip tracing and major asset investigations / judgment
recovery. In addition, CDS is a member of many national investigative associations. Toll free (888) 361-3800
Fax - (407) 324-9856
Web Site- Corporate Defense Strategies Inc.
SPECIAL OFFER FROM OIL PRICE INFORMATION SERVICE
The Gasoline Retailers Association of Florida has arranged for you to receive an exclusive $75 discount
off the regular subscription price of Oil Express -- the leading independent newsletter for petroleum
Each Monday, Oil Express delivers critical news to help you increase profit margins, expand your
business, explore new profit centers, avoid costly regulatory pitfalls and protect your bottom line. Plus, when you
subscribe, you’ll also receive the completely updated 2004 Fuel Regs & Specs Guide absolutely FREE. It's the
only desktop reference source that helps you easily track today's complex and changing fuels environment
The publisher is so confident you’ll benefit from Oil Express that she stands behind it with a 100% no-risk,
money-back guarantee. This indispensable news source is a good investment -- especially with your exclusive
$75 discount -- so call 1-877-210-4287 and subscribe today. Make sure you mention discount code
DG3872 to take advantage of this rate.
Almost every retail business receives bad checks:
CollectAChek is a NSF check recovery company that collects face value of check and charges
owner of the check cost for recovery. The business receives full amount of check. For more
information, Contact Frank Straughn @ (877) 874-9791 or e-mail firstname.lastname@example.org
MEADOWBROOK INSURANCE GROUP WORKERS’ COMPENSATION DIVIDEND PROGRAM
The Gasoline Retailers Association of Florida proudly sponsors Meadowbrook Insurance
Group as its source for workers’ compensation insurance. Meadowbrook Insurance
Group Workers’ Compensation is available to the Gasoline Retailers Association of
For more Information contact:
Carl Schmachtenberger 800-993-7840 or Pat Moricca 407-774-9700.
Gasoline Retailers Association of Florida-Meadowbrook Group Workers’ compensation dividend program has
produced a dividend on paid premiums for five out of the last six years.
WHEN THE GOVERNMENT WANTS YOUR PROPERTY YOU HAVE RIGHTS
But You May Also Have Obligations:
You receive a letter from a governing entity (state, county, city, etc.) saying your property, or part of it, is needed
for the improvement or widening of Main Street, Anytown, Florida. In a state growing at an exponential rate with,
seemingly, every other road under construction, this is becoming a common occurrence. The purpose of this
article is to present an outline of the process involved when the government uses its power. This process is
often referred to as condemnation and owners and businesses have rights provided under Florida law.
For full information, Contact:
Barry S. Balmuth, P.A.
Centurion Tower-Eleventh Floor
1601 Forum Place, Suite 1101
West Palm Beach, Florida 33401
(561) 242-9400 Telephone (561) 478-2433 Facsimile or www.flagas.com Bulletin Board
The last minute policy renewal quote:
By waiting till the very last minute it will prevent the insured (you) from being able to shop for a
lower cost policy. Below are a couple tips to help you get the best deal on insurance.
Liability: At least six weeks before your policy expires, seek out competitive quotes from at least
one additional agent/company. You will need to know your current policy coverage and terms to
get competitive information. Gasoline Retailers Association of Florida’s/Insurance Office of
America’s money saving programs with a complete insurance package to meet your business
Contact Glen Esbjorn from the Insurance Office of America for your insurance needs @ (800) 242-6899 (407) 788-3000
or Pat Moricca @ (407) 774-9700
For Group Health Insurance: Contact Dan Ricker @ 1-888-269-6019 x 2520 for information.
S. O. S.
Safehouse of Seminole Domestic violence is a social issue, which crosses all boundaries and
threatens the very fabric of our society. At Safehouse of Seminole, we are dedicated to breaking
this cycle of violence through our shelter and community outreach programs. Our crisis line and
shelter programs provide victims and their children with the resources they need to begin healing
from past and preparing for their future. Believing that education and awareness are vital tools for
change, we provide educational programs in Seminole County Schools and other community
organizations. 24-Hour Crisis Line 407-330-6933.
Safehouse of Seminole needs your donations
Your contribution to Safehouse may be tax deductible on your annual tax return, as Safehouse is an organization
of the type described in section 509(a)(1) and 170(b)(A)(vi) under the Internal Revenue Code. Our registration
number is SC-05086.
Safehouse of Seminole Wish List:
Personal Needs – Bedding Needs – Baby Food & Needs -- School Needs – Grocery/Kitchen/Cleaning Needs – Holiday
Needs – Miscellaneous Items for everyday Needs!
Contact the Safehouse of Seminole @ 407-330-3011 for a copy of their Wish List.
Please make checks payable to and mail to
$10____ $15____ Safehouse of Seminole PO Box 2921, Sanford, FL, 32772
$20____ $50____ Name__________________________________Telephone______________________________
GAS STATION INCLUDING LAND
New environmentally approved tanks/veeder-root/major brand
busy road-approx. 39,000 cars a day great location with land Asking 975,000
Plantation Florida Call 561 495 1373
SUPPORT ASSOCIATE MEMBERS WHO SUPPORT OUR ASSOCIATION
Grogan Realty Co.
Specializing in Gasoline stations & Chokshi Accounting & Tax Services, Inc.
Commercial property financing available 201 Park Place Suite #300
(904) 737-3493 Fax (904) 731-0025 Altamonte Springs, FL 32701
Insurance Office of America
150 Westmonte Drive
Group Health, Property & Casualty Liability Contact: Glen Esbjorn (800) 243-6899
Underground Storage Tank Insurance Altamonte Springs, FL 32716-7933
Collect A Chek
Meadowbrook Insurance Group NSF Check Recovery
Workers’ Comp. Dividend Program P.O. Box 960
(Paid dividends 4 of 5 years)
Contact Carl Schmachtenberger
(800) 993-7840 (941) 627-6644
Ypsilanti, Michigan 48197
Contact: Frank Straughn
Toll Free: 1-877-874-9791
United Oil Co. Inc.
5012 E. Broadway
Tampa, FL 33619
Automated Petroleum & Energy Co.
P.O. Box 1110
Brandon, FL 33509
Lewis & Raulerson Inc
P O Box 59
Waycross, Georgia 32502
Florida Contact Art McKee
LOST YOUR LENDER?
No wonder: With all the mergers, acquisitions and closings, your lender is probably lost too.
We specialize in extending competitive rates on financing from $75,000 to $5,000,000 through SBA and USDA
GOLETA NATIONAL BANK
A Community West Company
Contact John Grogan Business Development Officer
Office 904-731-9020 fax 904-731-0025 cell 904-571-6564 E-Mail email@example.com
If you woke up this morning with more health
If you have food in the refrigerator, than illness ... you are more blessed than
clothes on your back, a roof overhead the million who will not survive this week.
and a place to sleep ... you are richer
than 75% of this world.
If you have money in the bank, in your wallet,
and spare change in a dish someplace ... you
are among the top 8% of the worlds wealthy. If you can attend a church meeting without fear
or harassment, arrest, torture, or death ...
you are more blessed than three billion people in the