[Footnote 1] 206.055 Department may cancel
licenses; surrender of bond. ---
(1) If a refiner, importer, or wholesaler at any time:
(a) Knowingly files a false monthly report of the data or information
required by the gas tax laws;
(b) Fails, refuses, or neglects to file the monthly report required
by such laws; or
(c) Fails to pay the gas tax as required by part I or part II of this
chapter or the sales tax required under part II of chapter 212 and the laws of
the state;
the department may cancel the license of the refiner, importer, or
wholesaler.
(2) The department may cancel any license hitherto or hereafter
issued to any such person if it ascertains and finds that the person to whom
such license has been issued is no longer engaged in such business and has not
been so engaged for the period of 6 months immediately preceding such
cancellation; but no license shall be canceled upon the request of any person
until and unless the person has, prior to the date of such cancellation, paid
to the state all gas taxes payable under the laws of the state, together with
any and all penalties, interest, and fines accruing by reason of any failure
on the part of said person to make accurate reports as required by the gas tax
laws of Florida or to pay said taxes, interest, and penalties. In the event
that any license is canceled by the department as provided in this section,
and in the further event that the licensee shall have paid to the state all
gas taxes due and payable by it under the laws of this state, together with
any and all penalties and interest accruing by reason of any failure on the
part of the licensee to make accurate reports or to pay said tax, interest,
and penalties, the department shall cancel and surrender the bond held on file
by the department.
History: s. 4, ch. 16082, 1933; CGL 1936 Supp. 1167(65); 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. 54,
ch. 78-95; s. 87, ch. 81-259; s. 84, ch. 85-342; s. 11, ch. 95-417.
[Footnote 1] Note. Section 11, ch. 95-417, amended s. 206.055,
effective July 1, 1996, to read:
206.055 Departmental powers; cancellation of licenses; surrender
of bond; interstate enforcement agreements.
(1) If a terminal supplier, importer, exporter, or wholesaler at any
time:
(a) Knowingly files a false monthly report of the data or information
required by the provisions of this chapter;
(b) Fails, refuses, or neglects to file the monthly report required
by such laws;
(c) Fails to pay the fuel taxes as required by part I or part II of
this chapter or the local option tax required under this chapter and the laws
of the state; or
(d) Knowingly files a false claim for refund or credit of fuel
tax;
the department may cancel the license of the terminal supplier, importer,
exporter, or wholesaler.
(2) The department may cancel any license hitherto or hereafter
issued to any such person if it ascertains and finds that the person to whom
such license has been issued is no longer engaged in such business and has not
been so engaged for the period of 6 months immediately preceding such
cancellation; but no license shall be canceled upon the request of any person
until and unless the person has, prior to the date of such cancellation, paid
to the state all fuel taxes payable under the laws of the state, together with
any and all penalties, interest, and fines accruing by reason of any failure
on the part of said person to make accurate reports as required by the fuel
tax laws of Florida or to pay said taxes, interest, and penalties. In the
event that any license is canceled by the department as provided in this
section, and in the further event that the licensee shall have paid to the
state all fuel taxes due and payable by it under the laws of this state,
together with any and all penalties and interest accruing by reason of any
failure on the part of the licensee to make accurate reports or to pay said
tax, interest, and penalties, the department shall cancel and surrender the
bond held on file by the department.
(3) The department is authorized, with the consent of another
jurisdiction of the United States whose cooperation is needed, to enforce this
chapter in that jurisdiction, either directly or, at the option of that
jurisdiction, by entering into an agreement with its agencies, officers, and
employees.
Note. Former s. 207.07.