Florida Statutes

Fla. Stat. § 206.01 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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206.01 Definitions.—As used in this chapter:

(1) “Department” means the Department of Revenue.

(2) “Refinery” means those industrial plants, regardless of capacity, that process crude oil feed stock and manufacture refined petroleum products, except when such plant is a petrochemical plant.

(3) “Importer” means any person that has met the requirements of s. 206.051 and is licensed by the department to import motor fuel or diesel fuel upon which no precollection of tax has occurred, other than through bulk transfer, into this state by common carrier or company-owned trucks.

(4) “Wholesaler” means any person who holds a valid wholesaler of taxable fuel license issued by the department.

(5) “Retail dealer” means any person who is engaged in the business of selling fuel at retail at posted retail prices.

(6) “Carrier” means every railroad company, pipeline company, water transportation company, private or common carrier, and any other person transporting motor or diesel fuel, casinghead gasoline, natural gasoline, naphtha, or distillate for others, either in interstate or intrastate commerce, to points within Florida, or from a point in Florida to a point outside of the state.

(7) “Fuel tax” means and includes any tax imposed by the laws of the state upon or measured by the sale, use, distribution, or consumption of motor fuel.

(8) “Fuel tax collection trust fund” means any fund or funds heretofore or hereafter created by the Legislature for the purpose of enforcing the fuel tax laws of the state.

(9) “Motor fuel” or “fuel” means all gasoline products or any product blended with gasoline or any fuel placed in the storage supply tank of a gasoline-powered motor vehicle.

(10) “Person” means and includes natural persons, corporations, copartnerships, firms, companies, agencies, or associations; state agencies; and counties, municipalities, or other political subdivisions of this state, singular or plural.

(11) “Public highways” means and includes every way or place, of whatever nature generally open to the use of the public as a matter of right, for the purpose of vehicular travel, notwithstanding that the same have been temporarily closed for the purpose of construction, reconstruction, maintenance, or repair.

(12) “Loading rack” means that part of a terminal or refinery by which petroleum products are physically removed from the terminal or refinery into tanker trucks or rail cars.

(13) “Gross amount” means the actual amount of fuel pumped through the loading rack, pipeline, or tanker and not adjusted for 60 degrees Fahrenheit.

(14) “Net amount” means the actual amount of fuel pumped through the loading rack, pipeline, or tanker adjusted for 60 degrees Fahrenheit.

(15) “Bulk transfer” means the shipment of fuel by pipeline or marine vessel between terminals or from a refinery to a terminal.

(16) “Import” means delivery of motor fuel or diesel fuel into this state.

(17) “Position holder” means a person that holds the inventory position in the motor or diesel fuel in storage at a terminal, as reflected on the records of the terminal operator. A person holds the inventory position in motor or diesel fuel when that person has a contractual agreement with the terminal operator for the use of storage facilities and terminaling services at a terminal with respect to the motor or diesel fuel. A position holder also includes a terminal operator that owns motor or diesel fuel in its terminal.

(18) “Terminal” is a storage and distribution facility for taxable motor or diesel fuel, supplied by pipeline or marine vessel, that has the capacity to receive and store a bulk transfer of taxable motor or diesel fuel, including a loading rack through which petroleum products are physically removed into tanker trucks or rail cars, and that is registered with the Internal Revenue Service as a terminal.

(19) “Terminal operator” means any person that owns, operates, or otherwise controls a terminal. A terminal operator may own the motor or diesel fuels that are transferred through or stored in the terminal.

(20) “Export” means any removal of taxable motor or diesel fuels from this state other than by bulk transfer.

(21) “Exporter” means any person that has met the requirements of s. 206.052 and that is licensed by the department as an exporter of taxable motor or diesel fuels either from substorage at a bulk facility or directly from a terminal rack to a destination outside the state.

(22) “Terminal supplier” means any position holder that has been licensed by the department as a terminal supplier, that has met the requirements of ss. 206.05 and 206.90, and that is registered under s. 4101 of the Internal Revenue Code for transactions involving the bulk storage and transfer of taxable motor or diesel fuels.

(23) “Motor vehicle” means any vehicle, machine, or mechanical contrivance which is propelled by any form of engine or motor which utilizes motor or diesel fuel and is required, or would be required, to be licensed under chapter 320 if owned by a resident.

(24) “Use” means the placing of motor or diesel fuel into any receptacle on a motor vehicle from which fuel is supplied for the propulsion thereof.

(25) “Exchange agreement” means an agreement between two licensed terminal suppliers whereby a position holder in a terminal agrees to deliver fuel to the other party or the other party’s customer at the loading rack of the terminal where the delivering party holds an inventory position.

(26) “Fuel tank” means any receptacle or reservoir attached to a motor vehicle from which fuel is supplied for the propulsion thereof.

(27) “Forwarding agent” means a person or firm engaged in the business of preparing property for shipment or arranging for its shipment.

(28) “Pipeline” means a fuel distribution system that moves product in bulk, through a pipe, from a refinery to a terminal or from one terminal to another terminal.

(29) “Reseller” means any person who purchases in the state tax-paid fuel from a terminal supplier or wholesaler and who is authorized by the terminal supplier or wholesaler to resell such fuel to retail dealers or end users only.

(30) “Blender” means any person who blends any product with motor or diesel fuel and who has been licensed or authorized by the department as a blender.

History.—s. 1, ch. 16082, 1933; CGL 1936 Supp. 1167(62); s. 1, ch. 28100, 1953; s. 1, ch. 57-162; s. 2, ch. 61-119; 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. 1, ch. 75-286; s. 1, ch. 84-329; s. 73, ch. 85-342; s. 53, ch. 87-99; s. 2, ch. 91-82; s. 14, ch. 91-112; s. 1, ch. 95-417; s. 2, ch. 96-323; s. 1, ch. 97-54.

Note.—Former s. 207.01.

Notes of Decisions

Cited in 7 cases, 1987–2016 · leading case: Seminole Tribe of Florida v. State of Florida Dep't of Revenue, 750 F.3d 1238 (11th Cir. 2014).

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Seminole Tribe of Florida v. State of Florida Dep't of Revenue, 750 F.3d 1238 (11th Cir. 2014). · cites it 2× “See Fla. Stat. § 206.01 et seq. The State, counties, and municipalities use revenues from that tax to construct and repair transportation facilities, roads, bridges, and paths.”

Florida Dep't of Revenue v. Seminole Tribe of Florida, 65 So. 3d 1094 (Fla. 4th DCA 2011). · cites it 3× “, concur. . Section 206.41 provides for the imposition of taxes on motor fuel and for refunds in certain instances.”

St., Dept. of Transp v. Stand. Oil Co., 510 So. 2d 324 (Fla. 2d DCA 1987). · cites it 2× “§ 206.01(7), Fla. Stat. (1985). It would have been unlawful for him to sell fuel at wholesale without a wholesaler's license.”

Cash v. State, 609 So. 2d 1356 (Fla. 1st DCA 1992). · cites it 2× “As a retail dealer (defined in section 206.01(7), Florida Statutes (1987), as “any person who is engaged in the business of selling motor fuel at retail at posted retail prices”), Cash was obligated by section 336.”

Seminole Tribe v. Florida, Dep't of Revenue, 917 F. Supp. 2d 1255 (S.D. Fla. 2013). “However, the statute defines “use” as “the placing of motor or diesel fuel into any receptacle on a motor vehicle from which fuel is supplied for the propulsion thereof.”

ValleyCrest Landscape Maint., Inc. v. State of Florida, Dep't of Revenue, 213 So. 3d 992 (Fla. 1st DCA 2016). · cites it 2× “” § 206.01(9), Fla. Stat. The Department “precollects” these taxes for “administrative convenience prior to the sale to the ultimate consumer.”

Seminole Tribe of Florida v. State of Florida Dep't of Revenue (11th Cir. 2014). “See Fla. Stat. § 206.01 et seq. The State, counties, and municipalities use revenues from that tax to construct and repair transportation facilities, roads, bridges, and paths.”

— 206.01(24) — 2 cases

Florida Dep't of Revenue v. Seminole Tribe of Florida, 65 So. 3d 1094 (Fla. 4th DCA 2011). “, concur. . Section 206.41 provides for the imposition of taxes on motor fuel and for refunds in certain instances.”

— 206.01(7) — 2 cases

St., Dept. of Transp v. Stand. Oil Co., 510 So. 2d 324 (Fla. 2d DCA 1987). “§ 206.01(7), Fla. Stat. (1985). It would have been unlawful for him to sell fuel at wholesale without a wholesaler's license.”

Cash v. State, 609 So. 2d 1356 (Fla. 1st DCA 1992). “As a retail dealer (defined in section 206.01(7), Florida Statutes (1987), as “any person who is engaged in the business of selling motor fuel at retail at posted retail prices”), Cash was obligated by section 336.”

— 206.01(9) — 1 case

ValleyCrest Landscape Maint., Inc. v. State of Florida, Dep't of Revenue, 213 So. 3d 992 (Fla. 1st DCA 2016). “” § 206.01(9), Fla. Stat. The Department “precollects” these taxes for “administrative convenience prior to the sale to the ultimate consumer.”

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