The Florida Senate

206.89  Licenses; necessity; prerequisites; issuance; nonassignability.--

(1)(a)  No person shall act as a wholesaler of alternative fuel unless he or she holds a valid wholesaler of alternative fuel license issued by the department. A person who has no facilities for placing diesel fuel into the supply system of a motor vehicle and who sells into containers of 5 gallons or less shall not be required to be licensed as a wholesaler of alternative fuel.

(b)  Any person who acts as a wholesaler of alternative fuel and does not hold a valid wholesaler of alternative fuel license shall pay a penalty of 25 percent of the tax assessed on the total purchases.

(2)  To procure a wholesaler of alternative fuel license, a person shall file with the department an application in such form as the department may prescribe, with a bond. No license shall be issued upon any application unless accompanied by such bond, except as provided in s. 206.90(1).

(3)  When an application for a wholesaler of alternative fuel license is filed by a person whose license has been canceled for cause by the department or when the department is of the opinion that such application is not filed in good faith or is filed by some person as a subterfuge for the real person in interest whose license has theretofore been canceled, the department shall have authority, if the evidence warrants, to refuse to issue to that person a license.

(4)  At the time of filing an application for a license, a filing fee of $5 shall be paid to the department for deposit into the General Revenue Fund.

(5)  All requirements of this section having been complied with, the department shall issue to the applicant a license, and such license shall remain in effect until canceled as provided in this part.

(6)  Such license shall not be assignable and shall be valid only for the wholesaler of alternative fuel in whose name it is issued. It shall be displayed conspicuously by the wholesaler of alternative fuel in the principal place of business for which it was issued.

(7)  Every person as defined in this part, except those licensed under this chapter, including, but not limited to, a state agency, federal agency, municipality, county, or special district, which operates as a wholesaler of alternative fuel and report monthly to the department, or pay tax on all fuel purchases.

History.--s. 5, ch. 19446, 1939; CGL 1940 Supp. 1167(107); s. 6, ch. 26718, 1951; s. 7, ch. 63-253; s. 5, ch. 65-371; s. 2, ch. 65-420; ss. 21, 35, ch. 69-106; s. 1, ch. 70-995; s. 4, ch. 77-149; s. 54, ch. 78-95; s. 7, ch. 83-137; s. 63, ch. 87-99; s. 14, ch. 89-356; s. 1085, ch. 95-147; s. 82, ch. 95-417; s. 18, ch. 96-323.

Note.--Former s. 209.05.