Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 5, February 6, 2009 issue of the Florida Administrative Weekly.

Written comments, dated March 2, 2009, were received by the Department regarding the definition of the term “fuel grade ethanol.” The definition contained in Forms DR-309631N, DR-309632N, DR-309633N, DR-309634N, DR-309635N, DR-309636N, DR-309637N, and DR-309638N has been changed so that, when adopted, the first two sentences of the category “Ethanol Blends” on each form will read:

Ethanol Blends: Ethanol blends are taxable products resulting from a blend of gasoline and ethanol to create a fuel grade ethanol. Fuel grade ethanol is defined as ethanol blended with at least 1.97 percent gasoline to render the product unsuitable for human consumption.

Subsections (21), (23), (25), (27), (29), (31), (33), and (35) of Rule 12B-5.150, F.A.C., have been changed, so that, when adopted, those subsections will read:

(21) DR-309631N          Instructions for Filing
                                        Terminal Supplier Fuel
                                        Tax Return (R. 04/09 ~~01/08~~)                    ____~~01/08~~

(23) DR-309632N          Instructions for Filing
                                        Wholesaler/Importer Fuel Tax
                                        Return (R. 04/09 ~~01/08~~)                            ____~~01/08~~

(25) DR-309633N          Instructions for Filing
                                        Mass Transit System Provider
                                        Fuel Tax Return (R. 04/09 ~~01/08~~)            ____~~01/08~~

(27) DR-309634N          Instructions for Filing Local
                                        Government User of Diesel Fuel
                                        Tax Return (R. 04/09 ~~01/08~~)                    ____~~01/08~~

(29) DR-309635N          Instructions for Filing
                                        Blender/Retailer of Alternative
                                        Fuel Tax Return (R. 04/09 ~~01/08~~)            ____~~01/08~~

(31) DR-309636N          Instructions for Filing
                                        Terminal Operator Information
                                        Return (R. 04/09 ~~01/08~~)                            ____~~01/08~~

(33) DR-309637N          Instructions for Filing
                                        Petroleum Carrier Information
                                        Return (R. 04/09 ~~01/08~~)                            ____~~01/08~~

(35) DR-309638N Instructions for Filing Exporter
Fuel Tax Return (R. 04/09 ~~01/08~~) ____~~01/08~~