Florida Senate - 2009                                     SB 978
       
       
       
       By Senator Pruitt
       
       
       
       
       28-00439A-09                                           2009978__
    1                        A bill to be entitled                      
    2         An act relating to oil and gas production taxes;
    3         amending s. 211.02, F.S.; providing a tiered tax rate
    4         structure for the oil production tax on tertiary oil;
    5         revising definitions; amending s. 211.027, F.S.;
    6         exempting certain oil and gas production from the tax
    7         for a specified period; providing for future repeal of
    8         the exemption; providing an effective date.
    9         
   10  Be It Enacted by the Legislature of the State of Florida:
   11         
   12         Section 1. Section 211.02, Florida Statutes, is amended to
   13  read:
   14         211.02 Oil production tax; basis and rate of tax; tertiary
   15  oil.—An excise tax is hereby levied upon every person who severs
   16  oil in the state for sale, transport, storage, profit, or
   17  commercial use. Except as otherwise provided in this part, the
   18  tax is levied on the basis of the entire production of oil in
   19  this state, including any royalty interest. Such tax shall
   20  accrue at the time the oil is severed and shall be a lien on
   21  production regardless of the place of sale, to whom sold, or by
   22  whom used, and regardless of the fact that delivery of the oil
   23  may be made outside the state.
   24         (1) The amount of tax shall be measured by the value of the
   25  oil produced and saved or sold during a month. The value of oil
   26  shall be taxed at the following rates:
   27         (a) Small well oil and tertiary oil, 5 percent of gross
   28  value;
   29         (b)Tertiary oil:
   30         1.Five percent of gross value for oil having a value of
   31  $100 per barrel or more;
   32         2.Three percent of gross value for oil having a value of
   33  $60 but less than $100 per barrel; and
   34         3.One percent of gross value for oil having a value less
   35  than $60 per barrel.
   36         (c)(b) All other oil, 8 percent of gross value.
   37         (2)(a) For the purposes of this section, “value” means the
   38  sale price or market price of oil at the mouth of the well in
   39  its natural, unrefined condition. If the oil is exchanged for
   40  something other than cash, if there is no sale at the mouth of
   41  the well, or if the sale price is not indicative of the true
   42  value or market price of the oil produced, value shall be
   43  determined by the sale price of oil of like kind and quality,
   44  considering any differences in the place of production or sale.
   45         (b) Any charges prepaid by the producer or included in the
   46  invoice price for delivery of the oil shall be deducted from the
   47  gross proceeds of the sale which are used to determine the value
   48  of oil produced, provided the oil was sold at a delivered price.
   49         (c) The value of oil produced shall not include any
   50  wellhead or other production taxes imposed by the United States
   51  on the producer, to the extent that such taxes do not provide a
   52  credit or deduction for the tax imposed under this part.
   53         (3)(a) The term “tertiary oil” means the excess barrels of
   54  oil produced, or estimated to be produced, as a result of the
   55  actual use of a tertiary recovery method methods in a qualified
   56  enhanced oil tertiary recovery project, over the barrels of oil
   57  which could have been produced by continued maximum feasible
   58  production methods in use prior to the start of tertiary
   59  recovery. A “qualified enhanced oil tertiary recovery project”
   60  means a project for enhancing recovery of oil which meets the
   61  requirements of 26 U.S.C. s. 43(c)(2) s. 4993(c), Internal
   62  Revenue Code of 1954, as amended, or substantially similar
   63  requirements.
   64         (b) The department may establish the method to be used by
   65  producers to determine the taxable production of tertiary oil
   66  and may require a producer or operator to furnish any
   67  information the department deems necessary for this purpose.
   68         (4) Oil production shall be measured or gauged. Mechanical
   69  metering systems using meters of a type generally approved for
   70  use in the industry may be used to measure oil production. If
   71  tank tables are used to determine oil production, tables
   72  compiled to show 100 percent of the full capacity of tanks,
   73  without deduction for overage or losses in handling, shall be
   74  used; or the oil production shall be adjusted to a basis of 100
   75  percent of the full capacity of tanks if oil production is
   76  determined using tank tables compiled to show less than 100
   77  percent of the full capacity of tanks. Oil production shall be
   78  expressed in barrels.
   79         (5) The tax imposed under this section shall be
   80  administered, collected, and enforced by the department.
   81         Section 2. Section 211.027, Florida Statutes, is amended to
   82  read:
   83         211.027 Exemptions.—The following on-shore production is
   84  not subject to any tax imposed under this part:
   85         (1) Oil or gas production used for lease operations on the
   86  lease or unit where produced.
   87         (2) Gas returned to a horizon or horizons in the field
   88  where produced, either through wells on the lease from which
   89  produced or wells on other leases.
   90         (3) Gas vented or flared directly into the atmosphere,
   91  provided such gas is not otherwise sold.
   92         (4)Oil and gas produced from a new field well completed on
   93  or after July 1, 2009, for a period of 60 months after the
   94  completion date.
   95         (5)Oil and gas produced on or after July 1, 2009, for a
   96  period of 48 months after the completion date, from:
   97         (a)A field that was established by the Department of
   98  Environmental Protection before July 1, 2009, from a new
   99  producing well.
  100         (b)A shut-in well that has been out of service for a
  101  period of at least 24 months before July 1, 2009, and through
  102  workover and mechanical repair is returned to commercial
  103  production.
  104         (c)A temporarily abandoned well or wellbore that has been
  105  out of service for a period of at least 24 months before July 1,
  106  2009, and that is brought into commercial production by
  107  redrilling and recompletion.
  108         (6)Oil and gas produced on or after July 1, 2009, for a
  109  period of 60 months after the completion date, from any
  110  horizontal well or any well having a total measured depth in
  111  excess of 15,000 feet.
  112         Section 3. Effective June 30, 2019, subsections (4), (5),
  113  and (6) of section 211.027, Florida Statutes, are repealed.
  114         Section 4. This act shall take effect July 1, 2009.