Fla. Stat. 206.404
License requirements for retail dealers and resellers; penalty


(1)(a)

It is unlawful to engage in the business of selling motor or diesel fuel at retail without first obtaining the license required by this section.It is unlawful to engage in the business of reselling tax-paid fuel to retailers or end users without first obtaining the license required by this section.Every person engaging in the business of selling motor or diesel fuel at retail or engaging in business as a reseller shall, prior to engaging in business, register with the department pursuant to chapter 212.No license shall be transferred.Each business location shall have a separate license.Each application shall include the federal employer identification number or, if such number is not available, the social security number of the applicant and the Department of Environmental Protection storage tank facility number.Each applicant shall declare his or her primary business activity as either the sale of motor fuel at retail, the sale of diesel fuel at retail, or acting as a reseller.Any person who violates this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(1)(a)

It is unlawful to engage in the business of selling motor or diesel fuel at retail without first obtaining the license required by this section.

(b)

It is unlawful to engage in the business of reselling tax-paid fuel to retailers or end users without first obtaining the license required by this section.

(c)

Every person engaging in the business of selling motor or diesel fuel at retail or engaging in business as a reseller shall, prior to engaging in business, register with the department pursuant to chapter 212.

(d)

No license shall be transferred.

(e)

Each business location shall have a separate license.

(f)

Each application shall include the federal employer identification number or, if such number is not available, the social security number of the applicant and the Department of Environmental Protection storage tank facility number.

(g)

Each applicant shall declare his or her primary business activity as either the sale of motor fuel at retail, the sale of diesel fuel at retail, or acting as a reseller.

(h)

Any person who violates this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2)(a)

Each person required to be licensed by this section shall maintain all records required under s. 206.12 and shall make those records available to the department for inspection or audit upon request.Any person required to register under this section who fails to make records available to the department within the time specified in s. 206.12 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and the department shall estimate such person’s tax liability and make a jeopardy assessment for the estimated tax due. In addition to any estimated tax, delinquency penalty, and interest found to be due, the licensee shall be subject to a civil penalty of $500 and the department shall revoke such person’s registration under chapter 212.

(2)(a)

Each person required to be licensed by this section shall maintain all records required under s. 206.12 and shall make those records available to the department for inspection or audit upon request.

(b)

Any person required to register under this section who fails to make records available to the department within the time specified in s. 206.12 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and the department shall estimate such person’s tax liability and make a jeopardy assessment for the estimated tax due. In addition to any estimated tax, delinquency penalty, and interest found to be due, the licensee shall be subject to a civil penalty of $500 and the department shall revoke such person’s registration under chapter 212.

(3)

Any retail dealer or reseller in violation of the provisions of this chapter or the provisions of the Florida Motor Fuel Tax Relief Act of 2004 shall be subject to revocation of his or her license under chapter 212.

Source: Section 206.404 — License requirements for retail dealers and resellers; penalty, https://www.­flsenate.­gov/Laws/Statutes/2024/0206.­404 (accessed Aug. 7, 2025).

206.01
Definitions
206.02
Application for license
206.03
Licensing of terminal suppliers, importers, exporters, and wholesalers
206.04
License number and cards
206.05
Bond required of licensed terminal supplier, importer, exporter, or wholesaler
206.06
Estimate of amount of fuel taxes due and unpaid
206.07
Suits for collection of unpaid taxes
206.08
Reports from persons who do not purchase tax-free motor fuel
206.09
Reports from carriers transporting motor fuel or similar products
206.10
Reports to be filed whether taxes due or not
206.11
Penalties
206.12
Retention of records
206.13
Refund or credit of taxes erroneously paid or illegally collected
206.14
Inspection of records
206.15
Fuel taxes a lien on property
206.16
Officer selling property
206.17
Department to furnish certificates of liens
206.18
Discontinuance or transfer of business
206.20
Transportation of motor fuel over public highways
206.21
Trial of issues interposed by defense
206.021
Application for license
206.22
Restraining and enjoining violations
206.022
Application for license
206.23
Tax
206.24
Department and agents may make arrests, seize property, and execute warrants
206.25
Method for collection of tax cumulative
206.025
Application by person whose license has been canceled
206.026
Certain persons prohibited from holding a terminal supplier, importer, exporter, blender, carrier, terminal operator, or wholesaler license
206.27
Records and files as public records
206.027
Licenses not assignable
206.28
Exchange of information among the states
206.028
Costs of investigation
206.41
State taxes imposed on motor fuel
206.42
Aviation gasoline exempt from excise tax
206.43
Terminal supplier, importer, exporter, blender, and wholesaler to report to department monthly
206.44
Penalty and interest for failure to report on time
206.45
Payment of tax into State Treasury
206.045
Licensing period
206.46
State Transportation Trust Fund
206.47
Distribution of constitutional fuel tax pursuant to State Constitution
206.48
Reports required of terminal suppliers, importers, exporters, blenders, and wholesalers
206.49
Invoice to show whether or not tax paid
206.051
Importer and exporter
206.052
Export of tax-free fuels
206.054
Payment of taxes by importers
206.055
Departmental powers
206.56
Unlawful use of tax collected
206.59
Department to make rules
206.60
County tax on motor fuel
206.61
Municipal taxes, limited
206.62
Certain sales to United States tax-exempt
206.63
Definitions
206.64
Refunds on fuel used for agricultural or commercial fishing purposes
206.075
Department’s warrant for collection of unpaid taxes
206.095
Reports from terminal operators
206.175
Foreclosure of liens
206.199
Transportation of motor fuel by pipeline or marine vessel
206.204
Transportation of motor fuel by boats over the navigable waters of this state
206.205
Forfeiture of vehicles and boats illegally transporting or delivering motor fuel
206.215
Costs and expenses of proceedings
206.0261
Retaining all or portion of tax reduction amount or interference with tax reduction benefit prohibited
206.404
License requirements for retail dealers and resellers
206.413
Liability for tax
206.414
Collection of certain taxes
206.416
Change in state destination
206.485
Tracking system reporting requirements
206.605
Municipal tax on motor fuel
206.606
Distribution of certain proceeds
206.608
State Comprehensive Enhanced Transportation System Tax
206.609
Transfer of funds to the Agricultural Emergency Eradication Trust Fund
206.625
Return of tax to municipalities, counties, and school districts
206.626
Refunds to ethanol dealers

Current through Fall 2025

§ 206.404. License requirements for retail dealers & resellers; penalty's source at flsenate​.gov