HB 375

1
A bill to be entitled
2An act relating to reimbursement of federal excise taxes
3on motor fuel; creating s. 206.431, F.S.; providing
4requirements and limitations on reimbursement provisions
5of certain fuel supply contracts; providing notice
6requirements; providing for payment security requirements;
7providing for electronic transfer of funds; specifying
8application to contracts; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 206.431, Florida Statutes, is created
13to read:
14     206.431  Reimbursement for taxes.--
15     (1)(a)  If a fuel supply contract requires one party to
16reimburse another party for the federal excise tax imposed by 26
17U.S.C. s. 4081 or s. 4091, whether as a separate item or as part
18of the contract price, the reimbursing party, at its option and
19notwithstanding contrary terms of the contract, shall not be
20required to make the reimbursement more than one business day
21before the day on which the reimbursed party must remit the
22taxes to the Internal Revenue Service.
23     (b)  Exercise of the option provided by this section shall
24not relieve the reimbursing party of its obligation to make the
25reimbursement as required by the contract, but shall affect only
26the timing of that reimbursement.
27     (2)(a)  Written notice of the reimbursing party's intent to
28exercise the option provided in subsection (1) shall be given to
29the reimbursed party.
30     (b)  The notice shall state the effective date of the
31exercise of the option, which shall be no earlier than 30 days
32after the notice of intent is received by the reimbursed party
33or the beginning of the reimbursed party's next federal tax
34quarter, whichever is later.
35     (3)(a)  If a reimbursing party exercises the option
36provided in subsection (1), the reimbursed party may demand
37security for the payment of the taxes in proportion to the
38amount the taxes represent compared to the security demanded on
39the contract as a whole.
40     (b)  The reimbursed party may also require reimbursement to
41be made by electronic transfer of funds, but may not change the
42other payment terms of the contract without a valid business
43reason.
44     (4)(a)  This section applies to all wholesale transactions
45with terminal suppliers that are:
46     1.  Continuing contracts with no fixed expiration date and
47are in effect on July 1, 2009; or
48     2.  Contracts entered into or renewed after July 1, 2009.
49     (b)  All contracts in effect on July 1, 2009, that contain
50a fixed expiration date shall be governed by the law in
51existence prior to July 1, 2009.
52     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.