Florida Statute 211.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 211
TAX ON PRODUCTION OF OIL AND GAS AND SEVERANCE OF SOLID MINERALS

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F.S. 211.04

211.04 Assessment upon escaped oil; claims against same.—

(1) When any regular monthly report required from taxpayers by this chapter does not disclose the actual source of any oil taxable under this chapter, but does show such oil to have escaped from a well or wells and to have been recovered from streams, lakes, ravines, or other natural depression; it shall be the duty of the department to collect, in addition to the excise tax herein imposed, an additional amount equal to 12.5 percent of the gross value of such escaped oil. The department shall hold such additional collection in a special escrow account for a period of 12 months from the date of the collections, during which time any person or persons, who claim to be the rightful owner or owners of any royalty interest in the escaped oil, may present proper and satisfactory proof of such ownership to the department. If the department shall be satisfied as to the ownership of such escaped oil, then it shall pay to such claimant or claimants a proportionate part of such additional collection held in escrow, according to their proper interest or interests. No payment to any claimant shall be made, however, before it is approved by the Department of Legal Affairs or before it is ordered by any court having proper jurisdiction.

(2) After the lapse of 12 months from the date of any additional collection, if no claim or claims have been made to it, or to the balance remaining of it after the payment by the department of any claim or claims, the department shall distribute the additional collection or any balance of it in the same manner as is herein provided for the distribution of the tax imposed by this chapter.

History.—s. 4, ch. 22784, 1945; s. 4, ch. 23883, 1947; ss. 11, 21, 35, ch. 69-106.

F.S. 211.04 on Google Scholar

F.S. 211.04 on Casetext

Amendments to 211.04

Arrestable Offenses / Crimes under Fla. Stat. 211.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 211.04.

Annotations, Discussions, Cases:

Cases Citing Statute 211.04

Total Results: 16

STATE OF FLORIDA v. WILLIAM CRUMBLEY

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-23T00:53:00-07:00

Snippet: statute and the amended 2011 version. See ch. 2010-211, §§ 4, 14, at 2632-38, 2649, Laws of Fla. (making October

State v. Crumbley

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-25T00:00:00-07:00

Citation: 143 So. 3d 1059, 2014 Fla. App. LEXIS 11386, 2014 WL 3673872

Snippet: October 1, 2010. See ch. 2010-211, §§ 4, 14, at 2632-38, 2649, Laws of Fla. The statute

Sturdivant v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-09-07T00:00:00-07:00

Citation: 84 So. 3d 1044, 2010 WL 3464410, 2010 Fla. App. LEXIS 13314

Snippet: Anstead, Quince and Cantero) agreed. Id. at 198, 211. The four-member majority explained its conclusion thus

Gaudet v. Board

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-13T00:53:00-07:00

Citation: 900 So. 2d 574

Snippet: organization,[2] it surely knew how to do so. See § 468.211(4), Fla. Stat. ("The board may, by rule, adopt

Ago

Court: Fla. Att'y Gen. | Date Filed: 2002-01-06T23:53:00-08:00

Snippet: , s. 235.211(1)(c), Fla. Stat. See also, s. 235.211(4), Fla. Stat., providing that, except as otherwise

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-01-11T23:53:00-08:00

Snippet: Fla. Stat. 2 367 So.2d 207 (Fla. 1978). 3 Id. at 211. 4 436 So.2d 299 (Fla. 5th DCA 1983). 5 Section 129.01

State v. Jefferson

Court: Fla. | Date Filed: 2000-05-11T00:53:00-07:00

Citation: 758 So. 2d 661

Snippet: stayed until the challenge is resolved. Fla. HB 211, § 4 (1995) (prefiled); Fla. SB 2, § 4 (1995) (prefiled

Leonard v. State

Court: Fla. | Date Filed: 2000-05-11T00:00:00-07:00

Citation: 760 So. 2d 114

Snippet: consider the merits of the appeal. See Fla. HB 211, § 4 (1995) (prefiled) ("Jurisdiction of an appellate… guilty or nolo contendere. See Fla. CS for HB 211, § 4 (1996) ("A party who appeals from a judgment

DF v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-01T00:53:00-07:00

Citation: 682 So. 2d 149

Snippet: his supervisor. The state does not agree that 901.211(4) was violated because the officer's strip search

D.F. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-01T00:00:00-07:00

Citation: 682 So. 2d 149, 1996 Fla. App. LEXIS 4393

Snippet: his supervisor. The state does not agree that 901.211(4) was violated because the officer’s strip search

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-03-21T23:53:00-08:00

Snippet: funding for this purpose. . . .' Section 370.0211(4). Other duties of the council included coastal …personnel to carry out these duties. Section 370.0211(4)(a)-(g). The broadly worded language of s. 370.02

Downing v. Vaine

Court: Fla. Dist. Ct. App. | Date Filed: 1969-12-08T23:53:00-08:00

Citation: 228 So. 2d 622

Snippet: Stout, (1938) 120 N.J.L. 304, 199 A. 1, 118 A.L.R. 211. [4] Fort Myers Seafood Packers, Inc. v. Steptoe &

Daytona Beach News-Journal Corp. v. Firstamerica Development Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1966-01-04T00:00:00-08:00

Citation: 181 So. 2d 565, 1966 Fla. App. LEXIS 5793

Snippet: Wolfson v. Syrcuse Newspapers, Inc. 254 App.Div. 211, 4 N.Y.S.2d 640, aff’d. 279 N.Y. 716, 18 N.E.2d 676

Ganaway v. Henderson

Court: Fla. Dist. Ct. App. | Date Filed: 1958-06-24T00:53:00-07:00

Citation: 103 So. 2d 693

Snippet: [3] Holmberg v. Hardee, 90 Fla. 787, 108 So. 211. [4] International Realty Associates, Inc., v. McAdoo

East Coast Grocery Co. v. Collins

Court: Fla. | Date Filed: 1957-05-29T00:00:00-07:00

Citation: 96 So. 2d 793, 1957 Fla. LEXIS 3589

Snippet: Township 35 South, Range 40 East excepting the south 211.4 feet and the east 525 feet of the north 415 feet

Kirksey v. Florida & Georgia Plank-Road Co.

Court: Fla. | Date Filed: 1857-01-15T00:00:02-07:52:58

Citation: 7 Fla. 23

Snippet: for is void for want of consideration.” 21 Wend. 211,4 Ala. 70. “ Where persons were incorporated with