United Specialties of America v. Department of Revenue

786 So. 2d 1210, 2001 Fla. App. LEXIS 7534, 2001 WL 584204
CourtDistrict Court of Appeal of Florida
DecidedJune 1, 2001
DocketNos. 5D00-268, 5D00-771
StatusPublished
Cited by1 cases

This text of 786 So. 2d 1210 (United Specialties of America v. Department of Revenue) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Specialties of America v. Department of Revenue, 786 So. 2d 1210, 2001 Fla. App. LEXIS 7534, 2001 WL 584204 (Fla. Ct. App. 2001).

Opinion

SHARP, W., J.

United Specialties of America (USA) and Kaskam, Inc. (Kaskam) appeal from orders of the Florida Department of Revenue which denied their requests for a refund of the aviation fuel tax on kerosene, which they paid. In appeal number 5D00-268, USA requested a refund for the time period July 1996 through February 1997. In two appeals, No. 5D00-268 and 5D00-771, Kaskam requested a refund for the time periods March 1997 through June 1999 and from September 1999 through December 1999.1 The Department determined that the companies’ use of kerosene was not exempt from taxation under section 206.9825, the aviation fuel tax statute, and it denied their requests for refunds. Because the facts and legal issues are identical in all of the appeals, they were consolidated. We affirm.

The record established that for all of the transactions involved in these appeals, the companies sold undyed kerosene in one gallon or less containers to retailers and hardware distributors. The retailers and distributors, in turn, sold the kerosene in the same containers, to consumers for non-aviation fuel uses. USA and Kaskam argue that although imposition of the tax is apparently clear under section 206.9825(3)(a), its meaning is ambiguous when considered with other sections of the same statute and chapter titles. As such, they are entitled to the benefit of the doubt. See Miller v. Agrico Chemical Co., 383 So.2d 1137 (Fla. 1st DCA 1980).

Effective July 1, 1996, Chapter 96-323, §§ 20 and 21, amended sections 206.9815 and 206.9825 to include definitions for the terms “kerosene” and “aviation gasoline” and to provide for the taxation of kerosene and aviation gasoline. These sections now provide:

206.9815. Definitions
As used in this part:
(1) “Aviation fuel” means fuel for use in aircraft, and includes aviation gasoline and aviation turbine fuels and kerosene, as determined by the American Society for Testing Materials specifications D 910 or D 1655 or current specifications.
(2) “Kerosene” means all aviation turbine fuels and any distillate known as diesel, K 1, or any product suitable for use as a substitute for kerosene not taxed as a diesel fuel under part II. Any kerosene meeting the definition of diesel under s. 206.86(1) shall be taxed under part II.
(3) “Aviation gasoline” means any motor fuel blended or produced specifically for use in aircraft which has been dyed in accordance with federal regulations. Aviation gasoline does not include any such fuel used in any manner other than being placed in the storage tank of an aircraft.
206.9825. Aviation fuel tax
(l)(a) Except as otherwise provided in this part, an excise tax of 6.9 cents per gallon of aviation fuel is imposed upon every gallon of aviation fuel sold in this state, or brought into this state for use, upon which such tax has not been paid or the payment thereof has not been lawfully assumed by some person handling the same in this state....
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(3)(a) An excise tax of 6.9 cents per gallon is imposed on each gallon of kerosene in the same manner as 'prescribed [1212]*1212for diesel fuel under ss. 206.87(2) and 206.872.
(b) The exemptions provided by s. 206.874 shall apply to kerosene if the dyeing and marking requirements of s. 206.8741 are met.
(c) Kerosene prepackaged in containers of 5 gallons or less and labeled “Not for Use in a Motor Vehicle” is exempt from the taxes imposed by this part when sold for home heating and cooking. Packagers may qualify for a refund of taxes previously paid, as prescribed by the department, (emphasis added)

It appears that section 206.9825(3)(a) imposes an “excise tax” on each gallon of kerosene sold, generally and in all cases,2 [1213]*1213unless specifically exempted either by section 206.874, or by (c) of the same subsection quoted above. Appellants do not contend that either of the two exemptions applies to these transactions. Rather, they point out that the tax is imposed under Part III of the statute entitled “Aviation Fuel,” that section 206.9825 is entitled “Aviation Fuel Tax,” and that the statute defines “aviation fuel” as fuel used in. aircraft.

Legislative history of the statute appears to support appellants’ argument that kerosene was only intended to be taxed when it was used as jet fuel. The Senate Staff Analysis and Economic Impact Statement lists the effect of the proposed changes to the law as follows:

Section 206.9815, F.S., is amended to provide a definition of products which are subject to aviation fuel tax imposed under part III of this chapter.
Section 206.9825, F.S., is amended to provides [sic] a tax on kerosene when it is used as jet fuel and provides an exemption for kerosene when it is used for home heating or cooking ...

However, as pointed' out above, section 206.9825(3) provides exemptions from taxation for kerosene which are quite limited and specific. There are many other uses of kerosene or transactions involving the sale of kerosene, which are not within those exemptions, including the transactions involved in this case, which do not involve sales of kerosene for use as jet fuel. If only sales of kerosene for jet fuel are subject to the tax, then there would be no need for the specific exemptions.

As the Departmént points out, a fundamental rule of statutory interpretation is that the courts should avoid a construction that would render part 6f a statute meaningless. Whenever .pbssible, courts should give effect to all statutory provisions and construe them in harmony with one another. This impliments the general rule of statutory construction that the Legislature does not intend to enact purposeless and therefore useless legislation. Beach v. Great Western Bank, 692 So.2d 146 (Fla.1997), affirmed, 523 U.S. 410, 118 S.Ct. 1408, 140 L.Ed.2d 566 [1214]*1214(1998); Unruh v. State, 669 So.2d 242 (Fla.1996).

Perhaps the seeming inconsistencies arise because the legal definitions and treatment of these products do not necessarily comport with their scientific definitions or composition. “Kerosene” is defined as:

A colorless, thin oil that is less dense than water. It is a mixture of hydrocarbons commonly obtained in the fractional distillation of petroleum, but also from coal, oil shale, and wood. Once the most important refinery product because of its use in lamps, kerosene is now used chiefly as a carrier in insecticide sprays and as a fuel in jet engines.

The Concise Columbia Electronic Encyclopedia (3d ed.1994) http://www.encyclope-dia. comlarticlesl06920.html.

As explained in “How Stuff Works,” gasoline, kerosene, and diesel fuel all are derived from crude oil:

The “crude oil” pumped out of the ground is a black liquid called petroleum. This liquid contains aliphatic hydrocarbons, or hydrocarbons composed of nothing but hydrogen and carbon. The carbon atoms link together in chains of different lengths.

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Related

Palmer v. State
838 So. 2d 579 (District Court of Appeal of Florida, 2002)

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Bluebook (online)
786 So. 2d 1210, 2001 Fla. App. LEXIS 7534, 2001 WL 584204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-specialties-of-america-v-department-of-revenue-fladistctapp-2001.