Fla. Stat. 212.0501
Tax on diesel fuel for business purposes; purchase, storage, and use


(1)

It is declared to be the legislative intent that every person is exercising a taxable privilege who purchases any diesel fuel as defined in chapter 206 for use by that person in a trade or business.

(2)

Each person who purchases diesel fuel for consumption, use, or storage by a trade or business shall register as a dealer and remit a use tax, at the rate of 6 percent, on the total cost price of diesel fuel consumed.

(3)

For purposes of this section, “consumption, use, or storage by a trade or business” does not include those uses of diesel fuel specifically exempt on account of residential purposes; or in any tractor, vehicle, or other equipment used exclusively on a farm or for processing farm products on the farm, no part of which diesel fuel is used in any licensed motor vehicle on the public highways of this state; or the purchase or storage of diesel fuel held for resale.

(4)

Except as otherwise provided in s. 212.05(1)(k), a licensed sales tax dealer may elect to collect such tax pursuant to this chapter on all sales to each person who purchases diesel fuel, except dyed diesel fuel used for commercial fishing and aquacultural purposes listed in s. 206.41(4)(c)3., for consumption, use, or storage by a trade or business. When the licensed sales tax dealer has not elected to collect such tax on all such sales, the purchaser or ultimate consumer shall be liable for the payment of tax directly to the state.

(5)

Diesel fuel upon which the fuel taxes pursuant to chapter 206 have been paid is exempt from the tax imposed by this chapter. Liquefied petroleum gas or other fuel used to heat a structure in which started pullets or broilers are raised is exempt from the tax imposed by this chapter; however, such exemption shall not be allowed unless the purchaser or lessee signs a certificate stating that the fuel to be exempted is for the exclusive use designated herein.

(6)

All taxes required to be paid on fuel used in self-propelled off-road equipment shall be deposited in the Fuel Tax Collection Trust Fund, to be distributed to the State Transportation Trust Fund. The department shall, each month, make a transfer, from general revenue collections, equal to such use tax reported on dealers’ sales and use tax returns.

Source: Section 212.0501 — Tax on diesel fuel for business purposes; purchase, storage, and use, https://www.­flsenate.­gov/Laws/Statutes/2024/0212.­0501 (accessed Aug. 7, 2025).

212.01
Short title
212.02
Definitions
212.03
Transient rentals tax
212.04
Admissions tax
212.05
Sales, storage, use tax
212.06
Sales, storage, use tax
212.07
Sales, storage, use tax
212.08
Sales, rental, use, consumption, distribution, and storage tax
212.09
Trade-ins deducted
212.11
Tax returns and regulations
212.12
Dealer’s credit for collecting tax
212.13
Records required to be kept
212.14
Departmental powers
212.15
Taxes declared state funds
212.16
Importation of goods
212.17
Tax credits or refunds
212.18
Administration of law
212.19
All state agencies to cooperate in administration of law
212.20
Funds collected, disposition
212.21
Declaration of legislative intent
212.031
Tax on rental or license fee for use of real property
212.051
Equipment, machinery, and other materials for pollution control
212.052
Research or development costs
212.054
Discretionary sales surtax
212.055
Discretionary sales surtaxes
212.081
Legislative intent
212.084
Review of exemption certificates
212.085
Fraudulent claim of exemption
212.096
Sales, rental, storage, use tax
212.097
Urban High-Crime Area Job Tax Credit Program
212.098
Rural Job Tax Credit Program
212.099
Credit for contributions to eligible nonprofit scholarship-funding organizations
212.133
Information reports required for sales of alcoholic beverages and tobacco products
212.134
Information returns relating to payment-card and third party network transactions
212.151
Jurisdiction of suits for violation of Florida Revenue Act of 1949
212.181
Determination of business address situs, distributions, and adjustments
212.183
Rules for self-accrual of sales tax
212.184
Rule of construction
212.185
Sales tax hotline
212.186
Registration number and resale certificate verification
212.202
Renaming and continuation of certain funds
212.205
Sales tax distribution reporting
212.211
Savings provision
212.0305
Convention development taxes
212.0306
Local option food and beverage tax
212.0501
Tax on diesel fuel for business purposes
212.0506
Taxation of service warranties
212.0515
Sales from vending machines
212.0596
Taxation of remote sales
212.0597
Maximum tax on fractional aircraft ownership interests
212.0598
Special provisions
212.0601
Use taxes of vehicle dealers
212.0602
Education
212.0606
Rental car surcharge
212.0801
Qualified aircraft exemption
212.0821
Legislative intent that political subdivisions and public libraries use their sales tax exemption certificates for purchases on behalf of specified groups
212.1831
Credit for contributions to eligible nonprofit scholarship-funding organizations
212.1832
Credit for contributions to eligible nonprofit scholarship-funding organizations
212.1833
Credit for contributions to the New Worlds Reading Initiative
212.1834
Credit for contributions to eligible charitable organizations
212.1835
Child care tax credits
212.03055
Super majority vote required for levy at rate in excess of 2 percent under ch. 95-290
212.05011
Combined rate for tax collected pursuant to ss
212.05965
Taxation of marketplace sales

Current through Fall 2025

§ 212.0501. Tax on diesel fuel for business purposes; purchase, storage, & use's source at flsenate​.gov