Amendment
Bill No. CS/HB 515
Amendment No. 521677
CHAMBER ACTION
Senate House
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1Representative Evers offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 211.02, Florida Statutes, is amended to
6read:
7     211.02  Oil production tax; basis and rate of tax; tertiary
8oil.--An excise tax is hereby levied upon every person who
9severs oil in the state for sale, transport, storage, profit, or
10commercial use. Except as otherwise provided in this part, the
11tax is levied on the basis of the entire production of oil in
12this state, including any royalty interest. Such tax shall
13accrue at the time the oil is severed and shall be a lien on
14production regardless of the place of sale, to whom sold, or by
15whom used, and regardless of the fact that delivery of the oil
16may be made outside the state.
17     (1)  The amount of tax shall be measured by the value of
18the oil produced and saved or sold during a month. The value of
19oil shall be taxed at the following rates:
20     (a)  Small well oil and tertiary oil, 5 percent of gross
21value.;
22     (b)  Tertiary oil:
23     1.  One percent of the gross value of oil on the value of
24oil $60 dollars and below;
25     2.  Seven percent of the gross value of oil on the value of
26oil above $60 and below $80; and
27     3.  Nine percent of the gross value of oil on the value of
28oil $80 and above.
29     (c)(b)  All other oil, 8 percent of gross value.
30     (2)(a)  For the purposes of this section, "value" means the
31sale price or market price of a barrel of oil at the mouth of
32the well in its natural, unrefined condition. If the oil is
33exchanged for something other than cash, if there is no sale at
34the mouth of the well, or if the sale price is not indicative of
35the true value or market price of the oil produced, value shall
36be determined by the sale price of oil of like kind and quality,
37considering any differences in the place of production or sale.
38     (b)  Any charges prepaid by the producer or included in the
39invoice price for delivery of the oil shall be deducted from the
40gross proceeds of the sale which are used to determine the value
41of oil produced, provided the oil was sold at a delivered price.
42     (c)  The value of oil produced shall not include any
43wellhead or other production taxes imposed by the United States
44on the producer, to the extent that such taxes do not provide a
45credit or deduction for the tax imposed under this part.
46     (3)(a)  The term "tertiary oil" means the excess barrels of
47oil produced, or estimated to be produced, as a result of the
48actual use of a tertiary recovery method methods in a qualified
49enhanced oil tertiary recovery project, over the barrels of oil
50which could have been produced by continued maximum feasible
51production methods in use prior to the start of tertiary
52recovery. A "qualified enhanced oil tertiary recovery project"
53means a project for enhancing recovery of oil which meets the
54requirements of 26 U.S.C. s. 43(c)(2) s. 4993(c), Internal
55Revenue Code of 1954, as amended, or substantially similar
56requirements.
57     (b)  The department may establish the method to be used by
58producers to determine the taxable production of tertiary oil
59and may require a producer or operator to furnish any
60information the department deems necessary for this purpose.
61     (4)  Oil production shall be measured or gauged. Mechanical
62metering systems using meters of a type generally approved for
63use in the industry may be used to measure oil production. If
64tank tables are used to determine oil production, tables
65compiled to show 100 percent of the full capacity of tanks,
66without deduction for overage or losses in handling, shall be
67used; or the oil production shall be adjusted to a basis of 100
68percent of the full capacity of tanks if oil production is
69determined using tank tables compiled to show less than 100
70percent of the full capacity of tanks. Oil production shall be
71expressed in barrels.
72     (5)  The tax imposed under this section shall be
73administered, collected, and enforced by the department.
74     Section 2.  This act shall take effect July 1, 2009.
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T I T L E  A M E N D M E N T
79     Remove the entire title and insert:
80
A bill to be entitled
81An act relating to oil and gas production taxes; amending
82s. 211.02, F.S.; providing a tiered tax rate structure for
83the oil production tax on tertiary oil; revising
84definitions; providing an effective date.


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