6421417, 12B-5.020 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6421417

Notice of Development of Rulemaking

Department:

DEPARTMENT OF REVENUE

Division:

Miscellaneous Tax

Chapter:

TAX ON MOTOR FUELS, DIESEL FUELS, AVIATION FUELS, POLLUTANTS, AND NATURAL GAS FUEL

Overview

RULE:

12B-5.020	Definitions; Specific Exemptions
12B-5.130	Refunds
12B-5.150	Public Use Forms

PURPOSE:

The purpose of the proposed amendments to Rule 12B-5.020, F.A.C. (Definitions), is to update definitions for the terms “fuel,” “fuel grade ethanol,” and “gasohol” for purposes of determining when a product blended with gasoline is a "fuel" subject to Florida’s fuel taxes. Standards established by the federal Bureau of Alcohol, Tobacco, and Firearms distinguish products containing alcohol fit for human consumption from those that are not fit for human consumption and are used as a fuel. Products containing 100% alcohol can be consumed by humans as an alcoholic beverage. These products are subject to federal and state beverages taxes. Products that are blended with at least 1% gasoline, such as “denatured ethanol,” are not fit for human consumption and are not subject to the beverage taxes. The proposed amendments clarify that “fuel grade ethanol,” defined as ethanol with no less than 1% gasoline, is a fuel subject to Florida’s fuel taxes.
The proposed amendments include ethanol-blended fuel containing not less than 9% ethanol as “gasohol,” a product subject to Florida’s fuel taxes. The Florida Renewable Fuel Standard Act (Sections 101-107, Chapter 2008-227, L.O.F., creating Sections 526.203-526.207, F.S.) requires terminal suppliers, importers, blenders, and wholesalers to report to the Department of Revenue the number of gallons of “blended gasoline” (mixture of gasoline and 9-10% fuel ethanol) and “unblended gasoline” (gasoline containing no fuel ethanol) sold. The total number of gallons sold in Florida is reported to the Florida Department of Agriculture and Consumer Services monthly. The proposed definitions for “fuel grade ethanol” and “gasohol” are consistent with the definitions for “blended gasoline” and “unblended gasoline.”
The purpose of the proposed creation of Rule 12B-5.121, F.A.C. (Temporary Licenses Issued Under a Declared Emergency), and 12B-5.401, F.A.C. (Temporary Pollutants Importer License Issued Under a Declared Emergency), is to implement the authority granted to the Department in Sections 15-17, Chapter 2007-106, L.O.F., to authorize the granting of temporary fuel and pollutants licenses when the Governor of Florida or the President of the United States has declared a state of emergency or major disaster in Florida or in any other state. This law temporary expands the number of dealers authorized to provide fuel in Florida or to export fuel to other states in their time of need. The proposed rules provide: (1) when a temporary Florida fuel or pollutants license will be granted by the Department and how fuel dealers may obtain a temporary license from the Department; (2) when an extension of the temporary license will be granted and how to obtain an extension of the expiration date of a license; (3) the Florida fuel and pollutant taxes that must be collected and remitted to the Department by temporary importers, temporary exporters, and temporary carriers; (4) for the reporting and remitting of the applicable fuel and pollutant taxes to the Department; and (5) when a refund of previously paid Florida fuel or pollutant taxes is available to temporary licensees and how to obtain the refund from the Department.
The purpose of the proposed amendment to Rule 12B-5.130, F.A.C. (Refunds), is to implement the provisions of Sections 1-2, Chapter 2007-31, L.O.F. Effective July 1, 2007, any person who uses motor fuel in vehicles or equipment for commercial aviation purposes may apply for a refund of the local option fuel tax, the State Comprehensive Enhanced Transportation System Tax (SCETS tax), and the fuel sales tax, imposed under paragraphs 206.41(1)(e), (f), and (g), F.S. “Commercial aviation purposes” means motor fuel used in the operation of aviation ground support vehicles or equipment, no part of which fuel is used in any vehicle or equipment driven or operated upon the public highways of Florida.
The purpose of the proposed amendments to Rule 12B-5.150, F.A.C. (Public Use Forms), is to adopt, by reference, new Form DR-156T, Florida Temporary Fuel Tax Application, used by fuel dealers to obtain a temporary Florida license.

SUBJECT:

The subject area of the workshop is the proposed rule amendments necessary to: (1) update definitions for the terms “fuel,” “fuel grade ethanol,” and “gasohol” for purposes of determining when a product blended with gasoline is a “fuel” subject to Florida’s fuel taxes; (2) implement the provisions of Sections 1 and 2, Chapter 2007-31, L.O.F., which provides for a refund of tax paid on motor fuel used in the operation of aviation ground support vehicles or equipment; and (3) implement the authority granted to the Department in Sections 15-17, Chapter 2007-106, L.O.F., to authorize the granting temporary fuel and pollutants licenses when the Governor of Florida or the President of the United States has declared a state of emergency or major disaster in Florida or in any other state.

RULEMAKING AUTHORITY:

206.14(1), 206.59(1), 206.8745(6), 213.06(1), 526.206 FS.

LAW:

206.02, 206.021, 206.022, 206.025, 206.026, 206.027, 206.028, 206.05, 206.051(4), 206.052, 206.055, 206.095, 206.404, 206.41, 206.43, 206.62, 206.64, 206.86, 206.87, 206.874, 206.8745, 206.877, 206.90, 206.91, 206.92, 206.97, 206.9925, 206.99825(1)(a), 206.9931, 206.9942, 206.9943, 213.255(2), (3), 215.26(2), 526.203 FS.

PRINT PUBLISH DATE:

11/21/2008 Vol. 34/47

RELATED STATUTES
AND LAWS:

206.14(1), 206.59(1), 206.8745(6), 213.06(1), 526.206 FS., 206.02, 206.021, 206.022, 206.025, 206.026, 206.027, 206.028, 206.05, 206.051(4), 206.052, 206.055, 206.095, 206.404, 206.41, 206.43, 206.62, 206.64, 206.86, 206.87, 206.874, 206.8745, 206.877, 206.90, 206.91, 206.92, 206.97, 206.9925, 206.99825(1)(a), 206.9931, 206.9942, 206.9943, 213.255(2), (3), 215.26(2), 526.203 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=12B-5.020&PDate=11/21/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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