HB 529 2023 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 Page 1 of 5 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 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 Page 2 of 5 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 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 Page 3 of 5 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 HB 529 2023 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 Page 4 of 5 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 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 CODING: Words stricken are deletions; words underlined are additions. hb0529-00 Page 5 of 5 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 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