Senate Bill 1846c1

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    Florida Senate - 1999                           CS for SB 1846

    By the Committee on Fiscal Resource and Senator Sebesta





    314-2068-99

  1                      A bill to be entitled

  2         An act relating to the tax on diesel fuel;

  3         amending s. 206.8745, F.S.; providing for a

  4         refund of tax paid on undyed diesel fuel

  5         consumed by the engine of a qualified motor

  6         coach during idle time for certain purposes;

  7         defining "motor coach"; providing restrictions

  8         on refunds; providing for proper documentation;

  9         granting the Department of Revenue authority to

10         adopt rules; amending s. 206.41, F.S.;

11         providing for sales invoices; providing an

12         effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (8) is added to section

17  206.8745, Florida Statutes, to read:

18         206.8745  Credits and refund claims.--

19         (8)  Undyed, tax-paid diesel fuel purchased in this

20  state and consumed by the engine of a qualified motor coach

21  during idle time for the purpose of running climate control

22  systems and maintaining electrical systems for the motor coach

23  is subject to a refund. As used in this subsection, a

24  "qualified motor coach" means a privately owned vehicle that

25  is designed to carry nine or more passengers, that has a gross

26  vehicle weight of at least 33,000 pounds, that is used

27  exclusively in the commercial application of transporting

28  passengers for compensation, and that has the capacity to

29  measure diesel fuel consumed in Florida during idling,

30  separate from diesel fuel consumed to propel the vehicle in

31  this state, by way of an on-board computer.

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    Florida Senate - 1999                           CS for SB 1846
    314-2068-99




  1         (a)  The purchaser may make one claim for refund per

  2  calendar year.

  3         (b)  The annual refund claim must be submitted before

  4  April 1 of the year following the year in which the tax was

  5  paid and after December 31, 1999.

  6         (c)  The purchaser must submit original or copies of

  7  original purchase invoices showing the taxes paid, or in lieu

  8  of original invoices, a purchaser may submit a schedule of

  9  purchases containing the information required by s.

10  206.41(5)(b)1.

11         (d)  The purchaser must remit, as an offset to the

12  refund, sales tax due under chapter 212 based on the purchase

13  price of the fuel, net of the state tax refunded.

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15  The Department of Revenue may adopt rules to implement this

16  subsection.

17         Section 2.  Paragraph (b) of subsection (5) of section

18  206.41, Florida Statutes, is amended to read:

19         206.41  State taxes imposed on motor fuel.--

20         (5)

21         (b)1.  When motor fuel or diesel fuel is sold to a

22  person who claims to be entitled to a refund under subsection

23  (4) or s. 206.8745, the seller of such motor fuel or diesel

24  fuel shall make out a sales invoice, which shall contain the

25  following information:

26         a.  The name, post office address, and residence

27  address of the purchaser.

28         b.  The number of gallons purchased.

29         c.  The date on which the purchase was made.

30         d.  The price paid for the motor fuel or diesel fuel.

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    Florida Senate - 1999                           CS for SB 1846
    314-2068-99




  1         e.  The name and place of business of the seller of the

  2  motor fuel or diesel fuel.

  3         f.  The license number, or other identification number,

  4  of the motor vehicle or boat of the purchaser.

  5         g.  The Department of Environmental Protection storage

  6  tank facility identification number for the seller's location,

  7  if the location is required to be registered in accordance

  8  with s. 376.303.

  9         2.  The sales invoice shall be retained by the

10  purchaser until the department's power to issue an assessment

11  with respect to such tax has terminated pursuant to s.

12  95.091(3). In lieu of original sales invoices, a purchaser may

13  submit a detailed schedule of individual transactions which

14  includes the information required by subparagraph 1. along

15  with the refund application. No refund will be allowed unless

16  the seller has executed such an invoice and unless proof of

17  payment of the taxes for which the refund is claimed can be

18  provided to the department upon request.  The department may

19  refuse to grant a refund in whole or in part if the schedule

20  or an invoice is incomplete and fails to contain the full

21  information required in this paragraph.

22         3.  No person may execute a sales invoice, as described

23  in subparagraph 1., except a terminal supplier, importer,

24  exporter, wholesaler, reseller, or retail dealer.

25         4.  When motor fuel or diesel fuel is sold by a retail

26  dealer to a person who claims to be entitled to a refund under

27  subsection (4), a detailed schedule of individual purchase

28  transactions including names, addresses, Department of

29  Environmental Protection storage tank facility identification

30  number of the station, date of purchase, invoice number, and

31  number of gallons purchased may be provided the department by

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    Florida Senate - 1999                           CS for SB 1846
    314-2068-99




  1  the permitted refund applicant in lieu of the original

  2  invoices.

  3         5.  Notwithstanding provisions of this paragraph to the

  4  contrary, refunds to a school district for fuel consumed by

  5  school buses operated for the district by private contractors

  6  shall be based on an estimate of taxes paid.  The estimate

  7  shall be determined quarterly by dividing the total miles

  8  traveled by such vehicles for school purposes by their average

  9  miles per gallon, as determined by the department, and

10  multiplying the result by the applicable tax rate per gallon.

11  It is the responsibility of the school district to provide

12  information relevant to this determination.

13         Section 3.  This act shall take effect January 1, 2000.

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    Florida Senate - 1999                           CS for SB 1846
    314-2068-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1846

  3

  4  The committee substitute makes the following changes to SB
    1846:
  5
    1)    Tightens the requirements for refund by adding that
  6        diesel fuel purchased in Florida and consumed by the
          engine of a qualified motor coach during idle time for
  7        the purpose of running climate control systems and
          maintaining electrical systems is subject to a refund.
  8
    2)    Defines the term "qualified motor coach" to mean a
  9        privately owned vehicle designed to carry nine or more
          passengers with a gross vehicle weight of at least
10        33,000 pounds, which is used exclusively for
          transporting passengers for compensation and which has
11        the capacity to measure diesel fuel consumed in Florida
          during idling, separate from  diesel fuel consumed to
12        propel the vehicle in Florida, by way of an on-board
          computer.
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    3)    The bill limits the refund to one claim per calendar
14        year. The refund claim must be submitted prior to April
          1 of the year subsequent to the year in which the tax
15        was paid, and after December 31, 1999.

16  4)    The purchaser must submit original or copies of original
          purchase invoices showing the taxes paid, or in lieu of
17        original invoices, a purchaser may submit a schedule of
          purchases containing the information required by s.
18        206.41(5)(b)1.

19  5)    The purchaser must remit as an offset to the refund,
          sales tax due under chapter 212 based on the purchase
20        price of the fuel, net of the state tax refunded.

21  6)    The Department of Revenue is granted authority to adopt
          rules to implement the provisions of the bill.
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    7)    The committee substitute amends s. 206.41(5)(b)1., F.S.,
23        requiring the seller of motor fuel or diesel fuel who
          sells to a person who claims to be entitled to a refund
24        of such motor fuel or diesel fuel pursuant to s.
          206.8745, to make out a sales invoice containing the
25        information outlined in s. 206.41(5)(b)1.

26  8)    The committee substitute changes the effective date of
          the bill from July 1, 1999, to January 1, 2000.
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