The 2023 Florida Statutes (including Special Session C)

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. 211.02

211.02 Oil production tax; basis and rate of tax; tertiary oil and mature field recovery oil.—An excise tax is hereby levied upon every person who severs oil in the state for sale, transport, storage, profit, or commercial use. Except as otherwise provided in this part, the tax is levied on the basis of the entire production of oil in this state, including any royalty interest. Such tax shall accrue at the time the oil is severed and shall be a lien on production regardless of the place of sale, to whom sold, or by whom used, and regardless of the fact that delivery of the oil may be made outside the state.

(1) The amount of tax shall be measured by the value of the oil produced and saved or sold during a month. The value of oil shall be taxed at the following rates:

(a) Small well oil, 5 percent of gross value.

(b) Tertiary oil and mature field recovery oil:

1. One percent of the gross value of oil on the value of oil $60 and below;

2. Seven percent of the gross value of oil on the value of oil above $60 and below $80; and

3. Nine percent of the gross value of oil on the value of oil $80 and above.

(2)(a) For the purposes of this section, “value” means the sale price or market price of a barrel of oil at the mouth of the well in its natural, unrefined condition. If the oil is exchanged for something other than cash, if there is no sale at the mouth of the well, or if the sale price is not indicative of the true value or market price of the oil produced, value shall be determined by the sale price of oil of like kind and quality, considering any differences in the place of production or sale.

(b) Any charges prepaid by the producer or included in the invoice price for delivery of the oil shall be deducted from the gross proceeds of the sale which are used to determine the value of oil produced, provided the oil was sold at a delivered price.

(c) The value of oil produced shall not include any wellhead or other production taxes imposed by the United States on the producer, to the extent that such taxes do not provide a credit or deduction for the tax imposed under this part.

(3)(a) The term “tertiary oil” means the excess barrels of oil produced, or estimated to be produced, as a result of the actual use of a tertiary recovery method in a qualified enhanced oil recovery project, over the barrels of oil which could have been produced by continued maximum feasible production methods in use prior to the start of tertiary recovery. A “qualified enhanced oil recovery project” means a project for enhancing recovery of oil which meets the requirements of 26 U.S.C. s. 43(c)(2) or substantially similar requirements.

(b) The department may establish the method to be used by producers to determine the taxable production of tertiary oil and may require a producer or operator to furnish any information the department deems necessary for this purpose.

(4) As used in this section, the term “mature field recovery oil” means the barrels of oil recovered from new wells that begin production after July 1, 2012, in fields that were discovered prior to 1981.

(5) Oil production shall be measured or gauged. Mechanical metering systems using meters of a type generally approved for use in the industry may be used to measure oil production. If tank tables are used to determine oil production, tables compiled to show 100 percent of the full capacity of tanks, without deduction for overage or losses in handling, shall be used; or the oil production shall be adjusted to a basis of 100 percent of the full capacity of tanks if oil production is determined using tank tables compiled to show less than 100 percent of the full capacity of tanks. Oil production shall be expressed in barrels.

(6) The tax imposed under this section shall be administered, collected, and enforced by the department.

(7) As used in this section, the term “oil” does not include gas-phase hydrocarbons that are transported into the state, injected in the gaseous phase into a natural gas storage facility permitted under part I of chapter 377, and later recovered as a liquid hydrocarbon.

History.—s. 2, ch. 22784, 1945; s. 2, ch. 23883, 1947; s. 1, ch. 77-408; s. 6, ch. 79-255; s. 19, ch. 83-339; s. 2, ch. 86-178; s. 1, ch. 2009-139; s. 6, ch. 2012-32; s. 24, ch. 2013-15; s. 2, ch. 2013-205.

F.S. 211.02 on Google Scholar

F.S. 211.02 on Casetext

Amendments to 211.02

Arrestable Offenses / Crimes under Fla. Stat. 211.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 211.02.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NATURAL ALTERNATIVES INTERNATIONAL, INC. v. IANCU,, 904 F.3d 1375 (Fed. Cir. 2018)

. . . the instant application ," MPEP § 201.11(III)(G) (8th ed., Rev. 1) (2003) (emphasis added); MPEP § 211.02 . . . See MPEP §§ 211.02(a)(III). . . .

EDGE- WORKS MANUFACTURING COMPANY, v. HSG, LLC,, 285 F. Supp. 3d 883 (E.D.N.C. 2018)

. . . See Manual of Patent Examination Practice § 211.02 (9th Ed. 2015) ("For applications filed on or after . . .

D. HURD, Jr. v. DISTRICT OF COLUMBIA,, 146 F. Supp. 3d 57 (D.D.C. 2015)

. . . Code § 24-211.02(a-l)(2) (“Nothing in this subsection shall be construed as ... . . .

VERSIGLIO, v. BOARD OF DENTAL EXAMINERS OF ALABAMA,, 686 F.3d 1290 (11th Cir. 2012)

. . . In addressing this issue, this Court stated: § 211.02? The answer to that question is ‘no.’ . . . “With regard to the disposition of the proceeds from state income taxes, § 211.02[, Ala. . . . Section 211.02 clearly and unequivocally provides that all net proceeds of the state income tax must . . . However, § 211.02 requires that ‘all net proceeds of [the state income] tax’ be used for the specific . . . purposes set forth in § 211.02. . . .

BARNES, v. DISTRICT OF COLUMBIA,, 793 F. Supp. 2d 260 (D.D.C. 2011)

. . . D.C.Code § 24-211.02(b)(6). . . . D.C.Code § 24-211.02(a) (2011). . . . D.C.Code § 24-211.02(b)(7) (2011). . . . Id. at § 24-211.02(b)(7)(F). . . . .

OLANIYI, v. DISTRICT OF COLUMBIA,, 763 F. Supp. 2d 70 (D.D.C. 2011)

. . . 97, 104, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), and pursuant to the authority granted by D.C.Code § 24-211.02 . . .

PRICE, v. DISTRICT OF COLUMBIA,, 545 F. Supp. 2d 89 (D.D.C. 2008)

. . . violations of the Eighth Amendment of the United States Constitution, District of Columbia Code § 24-211.02 . . . Price further contends that under D.C.Code § 24-211.02 and the common law, the District of Columbia, . . .

CEMS, INC. v. UNITED STATES,, 59 Fed. Cl. 168 (Fed. Cl. 2003)

. . . Subsection 211.02 provides the general construction requirements for Roadway Obliteration and provides . . . Subsection 211.02 provides the general construction requirements for Roadway Obliteration and states: . . . Roadway Obliteration is specific in the work it includes, as indicated by the FP-96 subsection 211.02 . . . working with “earthen and rocky material,” but was governed by the specific language of subsection 211.02 . . .

UNITED STATES v. MURPHY,, 57 F. App'x 564 (4th Cir. 2003)

. . . The district court attributed 211.02 grams of heroin to Murphy without his objection at sentencing. . . . Therefore, the district court did not clearly err in attributing 211.02 grams of heroin to Murphy. . . .

SIEGEL OIL COMPANY, v. RICHARDSON,, 208 F.3d 1366 (Fed. Cir. 2000)

. . . . § 211.02 (1978). . . .

In CHECK REPORTING SERVICES, INC. W. BOYD, v. THE WATER DOCTOR,, 140 B.R. 425 (Bankr. W.D. Mich. 1992)

. . . during the preference period: Date New Value Alleged Preference 11/1/88 OO 1-1 t- 11/1/88 Oí to cT — 1 211.02 . . . Value Preference Exposure 1. 11/1/88 $1,477.18 $1,477.18 2. 11/1/88 $ 176.91 $1,654.09 3. 11/10/88 $ 211.02 . . . 11/15/88 $ 934.04 $2,377.11 5. 12/6/88 $2,006.24 $ 370.87 6. 12/9/88 $ 43.76 $ 327.11 7. 12/12/88 $ 211.02 . . .

WOODEN v. NORRIS, LING, v. NORRIS, SHUSHAN v. NORRIS,, 637 F. Supp. 543 (M.D. Tenn. 1986)

. . . calls charged to a state number or line by inmate shall be recorded on Form # FA-0030 (see Policy # 211.02 . . .

SUN OIL CO. DELAWARE U. S. A. v. F. M. FISHER, 370 So. 2d 413 (Fla. Dist. Ct. App. 1979)

. . . , should the resulting ad valorem real property tax be considered as paid or reduced by the Section 211.02 . . . (1) ad valorem real property assessments or for an offsetting credit in the amount of their Section 211.02 . . . The present difficulty is that by Section 211.02, the legislature levied an excise tax on oil and gas . . . Section 211.02(2) recites that the excise tax was enacted “to compensate the county in which oil and . . . Section 211.02, Florida Statutes (1977), provides in part: (1) There is hereby levied, to be collected . . .

LOUISIANA LAND EXPLORATION COMPANY, v. E. J. GIBBS, Jr., 354 So. 2d 393 (Fla. Dist. Ct. App. 1978)

. . . Section 211.02, Florida Statutes (1967), when Small v. . . . The appellant argues the necessary statutory intent is found in Section 211.02(2), Florida Statutes ( . . . removing ad valorem taxes on oil producing machinery has been repealed, the sentiment expressed in Section 211.02 . . .

F. M. FISHER v. SUN OIL COMPANY, 330 So. 2d 76 (Fla. Dist. Ct. App. 1976)

. . . . § 211.02, Florida Statutes, levies an excise tax upon the severing of oil or gas from the ground. . . .

SMALL, T. E. O. v. SUN OIL COMPANY, a, 222 So. 2d 196 (Fla. 1969)

. . . Subsection (2) of Section 211.02 states the legislative intent in imposing “two separate taxes” as follows . . . Section 211.02 directs that all the county severance tax go into the general revenue fund of the county . . . In the case under consideration we have this situation: The excise taxes levied by Section 211.02 in . . . taxes personal property employed in producing natural oil and gas we come to subsection (2) of Section 211.02 . . .

WEED S ESTATE v. UNITED STATES, 110 F. Supp. 149 (E.D. Tex. 1952)

. . . fully taxable) $ 1,179.69 Annuities Capital gains and losses 293.14 (100%) (Long-term Capital Gains) • 211.02 . . .