Florida Senate - 2016                                    SB 1540
       
       
        
       By Senator Evers
       
       2-01213A-16                                           20161540__
    1                        A bill to be entitled                      
    2         An act relating to a motor fuel agreement with the
    3         Seminole Tribe of Florida; creating s. 285.31, F.S.;
    4         defining terms; designating the Department of Revenue
    5         as the agency responsible for negotiating and
    6         executing a specified agreement between the State of
    7         Florida and the Seminole Tribe of Florida; requiring
    8         the department to negotiate and execute the agreement;
    9         specifying requirements for the agreement; authorizing
   10         the agreement to provide for recordkeeping; providing
   11         an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 285.31, Florida Statutes, is created to
   16  read:
   17         285.31 Motor fuel agreement with Seminole Tribe of
   18  Florida.—
   19         (1) For purposes of this section, the term:
   20         (a) “Department” means the Department of Revenue.
   21         (b) “Motor fuel” means gasoline, diesel fuel, and blended
   22  fuel.
   23         (c) “State” means the State of Florida.
   24         (d) “Tribe” means the Seminole Tribe of Florida, or an
   25  affiliate thereof, conducting activities pursuant to the
   26  agreement under the authority of the Seminole Tribe of Florida.
   27         (2) The department is the designated agency responsible for
   28  negotiating and executing, on behalf of the state, a tribal
   29  state agreement relating to motor fuel taxes with the tribe.
   30         (3) The department shall negotiate and execute an agreement
   31  with the tribe pursuant to subsection (2). The agreement must:
   32         (a) Be conditioned upon ratification by the Legislature.
   33         (b) Authorize the refund of motor fuel taxes paid by the
   34  tribe on the sale of motor fuels by an on-reservation retail
   35  operation owned by the tribe.
   36         (c) Require the tribe to sell motor fuels at the prevailing
   37  retail price.
   38         (d) Require the tribe to adopt a tribal tax on the sale of
   39  motor fuels.
   40         (e) Require the tribe to use the revenue from the tribal
   41  tax exclusively for the construction, reconstruction, and
   42  maintenance of roads, streets, parking facilities, and bridges
   43  on the reservation.
   44         (f) Remove the financial responsibility of the state and
   45  local governments for activities performed by the tribe pursuant
   46  to paragraph (e).
   47         (4) The agreement may provide for recordkeeping.
   48         Section 2. This act shall take effect July 1, 2016.