Florida Statutes

Fla. Stat. § 206.86 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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206.86 Definitions.—As used in this part:

(1) “Diesel fuel” means all petroleum distillates commonly known as diesel #2, biodiesel, or any other product blended with diesel or any product placed into the storage supply tank of a diesel-powered motor vehicle.

(2) “Taxable diesel fuel” or “fuel” means any diesel fuel not held in bulk storage at a terminal which has not been dyed for exempt use in accordance with Internal Revenue Code requirements.

(3) “User” includes any person who uses diesel fuels within this state for the propulsion of a motor vehicle on the public highways of this state, even though the motor is also used for a purpose other than the propulsion of the vehicle.

(4) “Removal” means any physical transfer of diesel fuel and any use of diesel fuel other than as a material in the production of diesel fuel.

(5) “Blender” means any person who produces blended diesel fuel outside the bulk transfer/terminal system.

(6) “Colorless marker” means material that is not perceptible to the senses until the diesel fuel into which it is introduced is subjected to a scientific test.

(7) “Dyed diesel fuel” means diesel fuel that is dyed in accordance with United States Environmental Protection Agency or Internal Revenue Service requirements for high sulfur diesel fuel or low sulfur diesel fuel.

(8) “Ultimate vendor” means a licensee that sells undyed diesel fuel to the United States or its departments or agencies in bulk lots of not less than 500 gallons in each delivery or to the user of the diesel fuel for use on a farm for farming purposes.

(9) “Local government user of diesel fuel” means any county, municipality, or school district licensed by the department to use untaxed diesel fuel in motor vehicles.

(10) “Mass transit system” means any licensed local transportation company providing local bus service that is open to the public and that travels regular routes.

(11) “Diesel fuel registrant” means anyone required by this chapter to be licensed to remit diesel fuel taxes, including, but not limited to, terminal suppliers, importers, local government users of diesel fuel, and mass transit systems.

(12) “Biodiesel” means any product made from nonpetroleum-based oils or fats which is suitable for use in diesel-powered engines. Biodiesel is also referred to as alkyl esters.

(13) “Biodiesel manufacturer” means those industrial plants, regardless of capacity, where organic products are used in the production of biodiesel. This includes businesses that process or blend organic products that are marketed as biodiesel.

History.—s. 1, ch. 19446, 1939; CGL 1940 Supp. 1167(103); s. 2, 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. 75-286; s. 2, ch. 84-369; s. 62, ch. 87-99; s. 20, ch. 91-112; s. 1083, ch. 95-147; s. 70, ch. 95-417; s. 14, ch. 96-323; s. 16, ch. 2003-254; s. 1, ch. 2013-198.

Note.—Former s. 209.01.

Notes of Decisions

Cited in 4 cases, 1979–2000 · leading case: SILVER SAND CO., ETC. v. Dep't of Revenue, 365 So. 2d 1090 (Fla. 1st DCA 1979).

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SILVER SAND CO., ETC. v. Dep't of Revenue, 365 So. 2d 1090 (Fla. 1st DCA 1979). · cites it 7× “" The Department concluded that Handy Haul-It was not a dealer because it did not hold a special fuel license issued by the Department of Revenue as required by Section 206.86(8), Florida Statutes 1975.”

Pioneer Oil Co., Inc. v. STATE, ETC., 381 So. 2d 263 (Fla. 1st DCA 1980). · cites it 2× “Use is defined as "the placing of special fuel into any receptacle on a motor vehicle from which fuel is supplied for the propulsion thereof," § 206.86(5), Florida Statutes (1977). The initial dealer is normally required to collect the tax "whether he be the ultimate seller or…”

TA Operating Corp. v. State, Dep't of Revenue, 767 So. 2d 1270 (Fla. 1st DCA 2000). · cites it 3× “§ 206.86(1), Fla. Stat. (1993). Section 206.”

In re the Est. of Corbin, 603 So. 2d 127 (Fla. 1st DCA 1992). “The term "motor vehicle” is variously defined in section 206.86(2) (pertaining to motor and other fuel taxes); chapter 316 (pertaining to uniform traffic control); and chapter 320 (concerning motor vehicle licenses); as well as chapter 627 (concerning vehicle and casualty…”

— 206.86(1) — 1 case

TA Operating Corp. v. State, Dep't of Revenue, 767 So. 2d 1270 (Fla. 1st DCA 2000). “§ 206.86(1), Fla. Stat. (1993). Section 206.”

— 206.86(10) — 1 case

TA Operating Corp. v. State, Dep't of Revenue, 767 So. 2d 1270 (Fla. 1st DCA 2000). “§ 206.86(1), Fla. Stat. (1993). Section 206.”

— 206.86(2) — 1 case

— 206.86(5) — 1 case

Pioneer Oil Co., Inc. v. STATE, ETC., 381 So. 2d 263 (Fla. 1st DCA 1980). “Use is defined as "the placing of special fuel into any receptacle on a motor vehicle from which fuel is supplied for the propulsion thereof," § 206.86(5), Florida Statutes (1977). The initial dealer is normally required to collect the tax "whether he be the ultimate seller or…”

— 206.86(8) — 1 case

SILVER SAND CO., ETC. v. Dep't of Revenue, 365 So. 2d 1090 (Fla. 1st DCA 1979). “" The Department concluded that Handy Haul-It was not a dealer because it did not hold a special fuel license issued by the Department of Revenue as required by Section 206.86(8), Florida Statutes 1975.”

— 206.86(8)(h) — 1 case

— 206.86(9) — 1 case

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