Florida 2023 Regular Session

Florida House Bill H0529 Latest Draft

Bill / Introduced Version Filed 01/26/2023

                               
 
HB 529  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to natural gas fuel taxes; amending s. 2 
206.9952, F.S.; extending the expiration date for 3 
levying penalties on natural gas retailers that do not 4 
have licenses; conforming provisions to changes made 5 
by the act; amending s. 206.9955, F.S.; delaying the 6 
effective date of certain taxes on natural gas fuel; 7 
amending s. 206.996, F.S.; conforming a provision to 8 
changes made by the act; providing an effect ive date. 9 
 10 
Be It Enacted by the Legislature of the State of Florida: 11 
 12 
 Section 1.  Subsections (3) and (8) of section 206.9952, 13 
Florida Statutes, are amended to read: 14 
 206.9952  Application for license as a natural gas fuel 15 
retailer.— 16 
 (3)(a)  Any person who acts as a natural gas retailer and 17 
does not hold a valid natural gas fuel retailer license shall 18 
pay a penalty of $200 for each month of operation without a 19 
license. This paragraph expires December 31, 2025 2023. 20 
 (b)  Effective January 1, 2026 2024, any person who acts as 21 
a natural gas fuel retailer and does not hold a valid natural 22 
gas fuel retailer license shall pay a penalty of 25 percent of 23 
the tax assessed on the total purchases made during the 24 
unlicensed period. 25     
 
HB 529  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 (8)  With the exception of a state or federal agency or a 26 
political subdivision licensed under this chapter, each person, 27 
as defined in this part, who operates as a natural gas fuel 28 
retailer shall report monthly to the department and pay a tax on 29 
all natural gas fuel purchases beginn ing January 1, 2026 2024. 30 
 Section 2.  Section 206.9955, Florida Statutes, is amended 31 
to read: 32 
 206.9955  Levy of natural gas fuel tax. — 33 
 (1)  The motor fuel equivalent gallon means the following 34 
for: 35 
 (a)  Compressed natural gas gallon: 5.66 pounds, or per 36 
each 126.67 cubic feet. 37 
 (b)  Liquefied natural gas gallon: 6.06 pounds. 38 
 (c)  Liquefied petroleum gas gallon: 1.35 gallons. 39 
 (2)  Effective January 1, 2026 2024, the following taxes 40 
shall be imposed: 41 
 (a)  An excise tax of 4 cents upon each motor fuel 42 
equivalent gallon of natural gas fuel. 43 
 (b)  An additional tax of 1 cent upon each motor fuel 44 
equivalent gallon of natural gas fuel, which is designated as 45 
the "ninth-cent fuel tax." 46 
 (c)  An additional tax of 1 cent on each motor fuel 47 
equivalent gallon of natural gas fuel by each county, which is 48 
designated as the "local option fuel tax." 49 
 (d)  An additional tax on each motor fuel equivalent gallon 50     
 
HB 529  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
of natural gas fuel, which is designated as the "State 51 
Comprehensive Enhanced Transportation System Tax," at a rate 52 
determined pursuant to this paragraph. Before January 1, 2026 53 
2024, and each year thereafter, the department shall determine 54 
the tax rate applicable to the sale of natural gas fuel for the 55 
following 12-month period beginning January 1, rounded to t he 56 
nearest tenth of a cent, by adjusting the tax rate of 5.8 cents 57 
per gallon by the percentage change in the average of the 58 
Consumer Price Index issued by the United States Department of 59 
Labor for the most recent 12 -month period ending September 30, 60 
compared to the base year average, which is the average for the 61 
12-month period ending September 30, 2013. 62 
 (e)1.  An additional tax is imposed on each motor fuel 63 
equivalent gallon of natural gas fuel for the privilege of 64 
selling natural gas fuel. Before Januar y 1, 2026 2024, and each 65 
year thereafter, the department shall determine the tax rate 66 
applicable to the sale of natural gas fuel, rounded to the 67 
nearest tenth of a cent, for the following 12 -month period 68 
beginning January 1, by adjusting the tax rate of 9. 2 cents per 69 
gallon by the percentage change in the average of the Consumer 70 
Price Index issued by the United States Department of Labor for 71 
the most recent 12-month period ending September 30, compared to 72 
the base year average, which is the average for the 12-month 73 
period ending September 30, 2013. 74 
 2.  The department is authorized to adopt rules and publish 75     
 
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forms to administer this paragraph. 76 
 (3)  Unless otherwise provided by this chapter, the taxes 77 
specified in subsection (2) are imposed on natural gas fu el when 78 
it is placed into the fuel supply tank of a motor vehicle as 79 
defined in s. 206.01(23). The person liable for payment of the 80 
taxes imposed by this section is the person selling or supplying 81 
the natural gas fuel to the end user, for use in the fuel s upply 82 
tank of a motor vehicle as defined in s. 206.01(23). 83 
 Section 3.  Subsection (1) of section 206.996, Florida 84 
Statutes, is amended to read: 85 
 206.996  Monthly reports by natural gas fuel retailers; 86 
deductions.— 87 
 (1)  For the purpose of determining th e amount of taxes 88 
imposed by s. 206.9955, each natural gas fuel retailer shall 89 
file beginning with February 2026 2024, and each month 90 
thereafter, no later than the 20th day of each month, monthly 91 
reports electronically with the department showing informati on 92 
on inventory, purchases, nontaxable disposals, taxable uses, and 93 
taxable sales in gallons of natural gas fuel for the preceding 94 
month. However, if the 20th day of the month falls on a 95 
Saturday, Sunday, or federal or state legal holiday, a return 96 
must be accepted if it is electronically filed on the next 97 
succeeding business day. The reports must include, or be 98 
verified by, a written declaration stating that such report is 99 
made under the penalties of perjury. The natural gas fuel 100     
 
HB 529  	2023 
 
 
 
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retailer shall deduct from the amount of taxes shown by the 101 
report to be payable an amount equivalent to 0.67 percent of the 102 
taxes on natural gas fuel imposed by s. 206.9955(2)(a) and (e), 103 
which deduction is allowed to the natural gas fuel retailer to 104 
compensate it for services ren dered and expenses incurred in 105 
complying with the requirements of this part. This allowance is 106 
not deductible unless payment of applicable taxes is made on or 107 
before the 20th day of the month. This subsection may not be 108 
construed as authorizing a deduction from the constitutional 109 
fuel tax or the fuel sales tax. 110 
 Section 4.  This act shall take effect July 1, 2023. 111