The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 206
MOTOR AND OTHER FUEL TAXES

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F.S. 206.60

206.60 County tax on motor fuel.—

(1) The proceeds of the county fuel tax imposed pursuant to s. 206.41(1)(b) are appropriated for public transportation purposes in the manner following:

(a) After transferring to the General Revenue Fund the service charge provided for by s. 215.20 and after deducting its administrative costs incurred in the collection, administration, enforcement, and distribution back to the counties of such tax, which administrative costs may not exceed 2 percent of collections, the department shall monthly divide the proceeds of such tax in the same manner as the constitutional fuel tax pursuant to s. 206.47 and the formula contained in s. 9(c)(4), Art. XII of the State Constitution.

(b)1. The Department of Revenue shall, from month to month, distribute the amount allocated to each of the several counties under paragraph (a) to the board of county commissioners of the county, who shall use such funds solely for the acquisition of rights-of-way; the construction, reconstruction, operation, maintenance, and repair of transportation facilities, roads, bridges, bicycle paths, and pedestrian pathways therein; or the reduction of bonded indebtedness of such county or of special road and bridge districts within such county, incurred for road and bridge or other transportation purposes. In the event the powers and duties relating to transportation facilities, roads, bridges, bicycle paths, and pedestrian pathways usually exercised and performed by boards of county commissioners are exercised and performed by some other or separate county board, such board shall receive the proceeds, exercise the powers, and perform the duties designated in this section to be done by the boards of county commissioners.

2. The board of county commissioners of each county, or any separate board or local agency exercising the powers and performing the duties relating to transportation facilities, roads, bridges, bicycle paths, and pedestrian pathways usually exercised and performed by the boards of county commissioners, shall be assigned the full responsibility for the maintenance of transportation facilities in the county and of roads in the county road system.

3. Nothing in this paragraph as amended by chapter 71-212, Laws of Florida, shall be construed to permit the expenditure of public funds in such manner or for such projects as would violate the State Constitution or the trust indenture of any bond issue or which would cause the state to lose any federal aid funds for highway or transportation purposes; and the provisions of this paragraph shall be applied in a manner to avoid such result.

(2) The gasoline inspection laws of the state shall be and are declared to be applicable to the enforcement of this section.

(3) The license tax herein levied shall be in addition to all other license taxes levied under the laws of the state and in addition to the dealer’s license tax for each place of business levied under the provisions of the laws of the state.

(4) It is hereby expressly recognized and declared by the Legislature that all public roads, bridges, bicycle paths, and pedestrian pathways being constructed or built or which will be hereafter constructed or built, including the acquisition of rights-of-way as incident thereto, either by the Department of Transportation or the several counties of the state, were, are, and will be constructed and built as general public projects and undertakings and that the cost of the construction and building thereof, including the acquisition of rights-of-way as incident thereto, was, is, and will be legitimate, proper state expense incurred for a general public and state purpose. And it is expressly recognized and declared that the construction, reconstruction, maintenance, and acquisition of rights-of-way of all secondary roads are essential to the welfare of the state and that such roads when constructed, reconstructed, or maintained, or such rights-of-way when acquired, are and will be for a general public and state purpose. And the Legislature has found and hereby declares that for the proper and efficient construction and maintenance of public highways designated state roads, it is in the best interest of the state to further integrate the activities of the Department of Transportation and the several boards of county commissioners as provided in subsection (1) in order that both state and local highway needs may be adequately provided for.

(5) It is declared to be the legislative intent that the funds derived from this section shall be used in such manner and for the purposes aforesaid to reduce the burden of ad valorem taxes in the several counties.

History.—ss. 1-11, 13, 14, ch. 20228, 1941; ss. 1-11, 13, 14, ch. 21639, 1943; ss. 1-11, 13, 14, ch. 22822, 1945; ss. 1-14, ch. 24172, 1947; ss. 1-14, ch. 25266, 1949; ss. 1-12, 14, 16-18, ch. 26321, 1949; s. 7, ch. 63-253; s. 3, ch. 63-302; s. 2, ch. 65-360; s. 5, ch. 65-371; s. 2, ch. 65-420; s. 1, ch. 67-198; ss. 21, 23, 35, ch. 69-106; s. 3, ch. 70-342; s. 1, ch. 70-995; ss. 1, 2, ch. 71-212; s. 61, ch. 73-333; s. 57, ch. 77-104; s. 4, ch. 77-165; s. 2, ch. 80-77; s. 3, ch. 83-339; s. 2, ch. 85-164; s. 112, ch. 85-342; s. 40, ch. 86-152; s. 58, ch. 87-99; s. 4, ch. 91-82; s. 108, ch. 91-112; s. 5, ch. 92-184; s. 2, ch. 94-146; s. 30, ch. 95-146; s. 1485, ch. 95-147; ss. 56, 57, ch. 95-417; s. 13, ch. 97-95; s. 51, ch. 2001-266; s. 1, ch. 2003-86.

Note.—Former s. 208.44.

F.S. 206.60 on Google Scholar

F.S. 206.60 on Casetext

Amendments to 206.60

Arrestable Offenses / Crimes under Fla. Stat. 206.60

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 206.60.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SEMINOLE TRIBE OF FLORIDA, v. FLORIDA DEPARTMENT OF REVENUE,, 750 F.3d 1238 (11th Cir. 2014)

. . . . §§ 206.60(l)(b)(l), 206.605(1), (2). . . .

M. WEISSMAN M. P. A. v. BRAMAN, LLC, a a, 132 So. 3d 327 (Fla. Dist. Ct. App. 2014)

. . . worked 145.50 hours at a rate of $500 per hour, earning $74,750; "Of Counsel" worked on the case for 206.60 . . .

DORIA, LLC, v. CLASS ACTION SERVICES, LLC, LLC,, 261 F.R.D. 678 (S.D. Fla. 2009)

. . . are recoverable: (1) $3,607.10 paid to Everest Technologies, LLC (DE 107, Exh. 3, pp. 53-61); (2) $206.60 . . .

I. LEVY, P. III, L. E. v. MIAMI- DADE COUNTY, a, 254 F. Supp. 2d 1269 (S.D. Fla. 2003)

. . . . § 206.60. . . . which is designated as the "county fuel tax" and which shall be used for the purposes described in s. 206.60 . . .

STATE v. SARASOTA COUNTY,, 549 So. 2d 659 (Fla. 1989)

. . . The “county gas tax” is imposed under section 206.60, Florida Statutes (1987), and distributed to the . . . The county argues that section 4.3.E conflicts with sections 206.60 and 336.025, Florida Statutes (1987 . . . It is clear that section 4.3.E of the Sarasota County Charter can coexist with sections 206.60 and 336.025 . . .

v., 2 Ct. Int'l Trade 121 (Ct. Int'l Trade 1981)

. . . other wood moldings under TSUS item 202.66, rather than as picture and mirror frames under TSUS item 206.60 . . .

CALIFORNIA v. ARIZONA, 452 U.S. 431 (U.S. 1981)

. . . N 73°24'25" W 206.60 feet; 385. N 58°24'42" W 393.27 feet; 386. N 67°05'29" W 259.46 feet; 387. . . .

v., 74 T.C. 1229 (T.C. 1980)

. . . Items not duplicated or dated in 1977 total $206.60. . . .

STANDARD BRANDS PAINT CO. INC. v. UNITED STATES,, 511 F.2d 564 (C.C.P.A. 1975)

. . . drilled or treated: Standard wood moldings, not drilled or treated: ****** 202.66 Other Claimed under: 206.60 . . .

Co. v., 62 C.C.P.A. 72 (C.C.P.A. 1975)

. . . Appellant claims that the importations are properly classifiable under item 206.60 TSUS as picture and . . . not drilled or treated: Standard wood moldings, not drilled or treated: 202.66 Other Claimed under: 206.60 . . .

BENDIX MOULDINGS, INC. v. UNITED STATES, 388 F. Supp. 1193 (Cust. Ct. 1974)

. . . Plaintiff claims that the importations are picture and mirror frames classifiable by name under item 206.60 . . .

v., 73 Cust. Ct. 204 (Cust. Ct. 1974)

. . . Plaintiff claims that the importations are picture and mirror frames classifiable by name under item 206.60 . . .

STANDARD BRANDS PAINT CO. INC. v. UNITED STATES, 366 F. Supp. 507 (Cust. Ct. 1973)

. . . the importations should have been classified as picture and mirror frames of wood, pursuant to item 206.60 . . . dedication to use as a frame or how advanced its condition, is at most only a part of a frame for which item 206.60 . . . light of the above, plaintiff’s claim for classification of the importations as frames pursuant to item 206.60 . . .

Co. v., 71 Cust. Ct. 75 (Cust. Ct. 1973)

MARTIN COUNTY v. ASKEW, DISTRICT SCHOOL BOARD LEE COUNTY, v. ASKEW,, 38 Fla. Supp. 50 (Leon Cty. Cir. Ct. 1972)

. . . . §206.60(1) and distributed under §206.60(2). . . . Under the mandate of §206.60(2) (b) (3) the calculation of distribution of funds is dependent upon the . . .

v., 62 Cust. Ct. 507 (Cust. Ct. 1969)

. . . commercial entities, the frames under the specification in TSUS (Tariff Schedules of the United States) item 206.60 . . . importation, is that the frames should be separately classified and assessed, as entered, under TSUS item 206.60 . . . Claimed (TSUS,schedule2,parti,subpartE) : 206.60 Picture and mirror frames, of wood_12% ad val. . . . where the tariff commission reported, volume 2, page 79, in connection with plaintiff’s claimed item 206.60 . . .

C. v., 43 T.C. 443 (T.C. 1965)

. . . Even if we were to use the amount ($206.60) suggested by petitioner for food and milk expenses, which . . .

v. S. v., 40 T.C. 578 (T.C. 1963)

. . . Electric bonds at a price of 108% or a total principal amount of $184,450, plus accrued interest of $206.60 . . .

FRANK ERICKSON AND AMELIA ERICKSON v. THE UNITED STATES, 159 Ct. Cl. 202 (Ct. Cl. 1962)

. . . 15-38 $538.30 $3,037.89 $3,576.19 1938. 3-15-39 21,842.89 1,611.29 23,454.18 1939. 3-15-40 13,731.60 206.60 . . .

AUSTIN NAT. BANK v. SCOFIELD,, 84 F. Supp. 483 (W.D. Tex. 1948)

. . . follows: $29,705.21 princi- • pal, and $2,349.96 interest on June 20, 1946; and $1,861.49 principal, and $206.60 . . . $29,257.91, plus interest of $2,314.17 on June 20, 1946, and in so collecting $1,861.49 plus interest of $206.60 . . .

ESTABROOK v. BUTTE, ANACONDA PACIFIC RY. CO., 163 F.2d 781 (9th Cir. 1947)

. . . The district court found that at the time of his injury appellant was earning $206.60 per month. . . . The testimony is uncontra-dicted that an annuity for his expectancy of 27.45 years, yielding him $206.60 . . .

HOFFMAN v. UNITED STATES, 21 F.2d 241 (S.D. Ill. 1927)

. . . 1921, $151.61, making a total for that year of $447.61; for the taxable year 1919, March 13, 1920, $206.60 . . .