Florida Senate - 2023                                     SB 322
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00627-23                                            2023322__
    1                        A bill to be entitled                      
    2         An act relating to natural gas fuel taxes; amending s.
    3         206.9955, F.S.; delaying the effective date of taxes
    4         on natural gas fuel; amending ss. 206.9952 and
    5         206.996, F.S.; conforming provisions to changes made
    6         by the act; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (2) of section 206.9955, Florida
   11  Statutes, is amended to read:
   12         206.9955 Levy of natural gas fuel tax.—
   13         (2) Effective January 1, 2026 2024, the following taxes
   14  shall be imposed:
   15         (a) An excise tax of 4 cents upon each motor fuel
   16  equivalent gallon of natural gas fuel.
   17         (b) An additional tax of 1 cent upon each motor fuel
   18  equivalent gallon of natural gas fuel, which is designated as
   19  the “ninth-cent fuel tax.”
   20         (c) An additional tax of 1 cent on each motor fuel
   21  equivalent gallon of natural gas fuel by each county, which is
   22  designated as the “local option fuel tax.”
   23         (d) An additional tax on each motor fuel equivalent gallon
   24  of natural gas fuel, which is designated as the “State
   25  Comprehensive Enhanced Transportation System Tax,” at a rate
   26  determined pursuant to this paragraph. Before January 1, 2026
   27  2024, and each year thereafter, the department shall determine
   28  the tax rate applicable to the sale of natural gas fuel for the
   29  following 12-month period beginning January 1, rounded to the
   30  nearest tenth of a cent, by adjusting the tax rate of 5.8 cents
   31  per gallon by the percentage change in the average of the
   32  Consumer Price Index issued by the United States Department of
   33  Labor for the most recent 12-month period ending September 30,
   34  compared to the base year average, which is the average for the
   35  12-month period ending September 30, 2013.
   36         (e)1. An additional tax is imposed on each motor fuel
   37  equivalent gallon of natural gas fuel for the privilege of
   38  selling natural gas fuel. Before January 1, 2026 2024, and each
   39  year thereafter, the department shall determine the tax rate
   40  applicable to the sale of natural gas fuel, rounded to the
   41  nearest tenth of a cent, for the following 12-month period
   42  beginning January 1, by adjusting the tax rate of 9.2 cents per
   43  gallon by the percentage change in the average of the Consumer
   44  Price Index issued by the United States Department of Labor for
   45  the most recent 12-month period ending September 30, compared to
   46  the base year average, which is the average for the 12-month
   47  period ending September 30, 2013.
   48         2. The department is authorized to adopt rules and publish
   49  forms to administer this paragraph.
   50         Section 2. Subsections (3) and (8) of section 206.9952,
   51  Florida Statutes, are amended to read:
   52         206.9952 Application for license as a natural gas fuel
   53  retailer.—
   54         (3)(a) Any person who acts as a natural gas retailer and
   55  does not hold a valid natural gas fuel retailer license shall
   56  pay a penalty of $200 for each month of operation without a
   57  license. This paragraph expires December 31, 2025 2023.
   58         (b) Effective January 1, 2026 2024, any person who acts as
   59  a natural gas fuel retailer and does not hold a valid natural
   60  gas fuel retailer license shall pay a penalty of 25 percent of
   61  the tax assessed on the total purchases made during the
   62  unlicensed period.
   63         (8) With the exception of a state or federal agency or a
   64  political subdivision licensed under this chapter, each person,
   65  as defined in this part, who operates as a natural gas fuel
   66  retailer shall report monthly to the department and pay a tax on
   67  all natural gas fuel purchases beginning January 1, 2026 2024.
   68         Section 3. Subsection (1) of section 206.996, Florida
   69  Statutes, is amended to read:
   70         206.996 Monthly reports by natural gas fuel retailers;
   71  deductions.—
   72         (1) For the purpose of determining the amount of taxes
   73  imposed by s. 206.9955, each natural gas fuel retailer shall
   74  file beginning with February 2026 2024, and each month
   75  thereafter, no later than the 20th day of each month, monthly
   76  reports electronically with the department showing information
   77  on inventory, purchases, nontaxable disposals, taxable uses, and
   78  taxable sales in gallons of natural gas fuel for the preceding
   79  month. However, if the 20th day of the month falls on a
   80  Saturday, Sunday, or federal or state legal holiday, a return
   81  must be accepted if it is electronically filed on the next
   82  succeeding business day. The reports must include, or be
   83  verified by, a written declaration stating that such report is
   84  made under the penalties of perjury. The natural gas fuel
   85  retailer shall deduct from the amount of taxes shown by the
   86  report to be payable an amount equivalent to 0.67 percent of the
   87  taxes on natural gas fuel imposed by s. 206.9955(2)(a) and (e),
   88  which deduction is allowed to the natural gas fuel retailer to
   89  compensate it for services rendered and expenses incurred in
   90  complying with the requirements of this part. This allowance is
   91  not deductible unless payment of applicable taxes is made on or
   92  before the 20th day of the month. This subsection may not be
   93  construed as authorizing a deduction from the constitutional
   94  fuel tax or the fuel sales tax.
   95         Section 4. This act shall take effect July 1, 2023.