The Florida Senate

206.413  Liability for tax; interstate agreement; penalties.--

(1)  The person liable for payment of the taxes imposed by s. 206.41 shall be as follows:

(a)  Every position holder shall pay taxes on the removal of motor fuel from a terminal as described by s. 206.41. In an exchange agreement between two licensed terminal suppliers, the receiving party shall be liable as the position holder if the receiving party is identified to the terminal operator by the delivering party.

(b)  Every terminal supplier shall pay taxes on the removal of motor fuel from a refinery as specified by s. 206.41.

(c)  Every importer shall pay taxes on the entry into this state as specified by s. 206.41.

(d)  Any person that produces blended motor fuel outside the bulk transfer or terminal system shall pay taxes as provided for by s. 206.41.

(e)  Any person using motor fuel upon which the tax required by s. 206.41 has not been paid and which is not exempted by this part is liable for the backup tax imposed by s. 206.873.

(f)  The seller of motor fuel is jointly and severally liable for the backup tax imposed by s. 206.873 if the seller knows or has reason to know that the motor fuel will be used in any nonexempt use.

(g)  The terminal operator is jointly and severally liable for the taxes imposed by s. 206.41 if:

1.  The position holder with respect to the motor fuel is a person other than the terminal operator and is not a terminal supplier; or

2.  The terminal operator has not met the conditions specified under paragraph (h).

(h)  A terminal operator is not liable for taxes imposed by s. 206.41 if at the time of the removal all the following apply:

1.  The terminal operator is a terminal supplier.

2.  The terminal operator has an unexpired notification certificate from the position holder as required by the Internal Revenue Service.

3.  The terminal operator has no reason to believe that any information in the certificate is false.

(2)  A licensed terminal supplier who is a position holder in a terminal located outside of this state or a seller transferring ownership of motor fuel outside of this state destined for this state agrees to be subject to the laws of this state and comply with the provisions of this chapter in the same manner as if the motor fuel were withdrawn from a terminal in this state or the transfer of ownership occurred in this state.

(3)(a)  Any person who willfully evades or attempts to evade or defeat the payment of the fuel taxes imposed by this part shall be penalized in the amount of $10 for every gallon of motor fuel involved or $1,000, whichever is greater, for the first offense. The penalty shall increase with subsequent violations by multiplying the penalty amount by the number of prior violations. The penalty applies in any of the following circumstances:

1.  If any motor fuel is sold or held for sale by any person for any use that is taxable and such person knows or has reason to know that the taxes due under this part have not been paid to the state, and that person fails to pay the taxes due directly to the state.

2.  If any motor fuel is held for use or used by any person for a use other than a nontaxable use and such person knew, or had reason to know, that the taxes due under this part have not been paid to the state, and that person fails to pay the taxes due directly to the state.

3.  If any person willfully, with intent to evade tax, alters sales or shipping documents or collects and fails to remit any taxes due under this part.

(b)  Any business entity and each officer, employee, or agent of the entity who willfully participated in any act giving rise to the penalty is jointly and severally liable with the entity for the penalty.

History.--s. 5, ch. 97-54.