(1) When any regular monthly report required from taxpayers by this chapter does not disclose the actual source of any oil taxable under this chapter, but does show such oil to have escaped from a well or wells and to have been recovered from streams, lakes, ravines, or other natural depression; it shall be the duty of the department to collect, in addition to the excise tax herein imposed, an additional amount equal to 12.5 percent of the gross value of such escaped oil. The department shall hold such additional collection in a special escrow account for a period of 12 months from the date of the collections, during which time any person or persons, who claim to be the rightful owner or owners of any royalty interest in the escaped oil, may present proper and satisfactory proof of such ownership to the department. If the department shall be satisfied as to the ownership of such escaped oil, then it shall pay to such claimant or claimants a proportionate part of such additional collection held in escrow, according to their proper interest or interests. No payment to any claimant shall be made, however, before it is approved by the Department of Legal Affairs or before it is ordered by any court having proper jurisdiction.
(2) After the lapse of 12 months from the date of any additional collection, if no claim or claims have been made to it, or to the balance remaining of it after the payment by the department of any claim or claims, the department shall distribute the additional collection or any balance of it in the same manner as is herein provided for the distribution of the tax imposed by this chapter.
History.—s. 4, ch. 22784, 1945; s. 4, ch. 23883, 1947; ss. 11, 21, 35, ch. 69-106.
Structure Florida Statutes
Title XIV - Taxation and Finance
Chapter 211 - Tax on Production of Oil and Gas and Severance of Solid Minerals
Part I - Tax on Production of Oil and Gas (Ss. 211.01-211.25)
211.02 - Oil production tax; basis and rate of tax; tertiary oil and mature field recovery oil.
211.025 - Gas production tax; basis and rate of tax.
211.0251 - Credit for contributions to eligible nonprofit scholarship-funding organizations.
211.0252 - Credit for contributions to the New Worlds Reading Initiative.
211.0253 - Credit for contributions to eligible charitable organizations.
211.026 - Sulfur production tax; basis and rate of tax.
211.04 - Assessment upon escaped oil; claims against same.
211.06 - Oil and Gas Tax Trust Fund; distribution of tax proceeds.
211.075 - Payment of tax; returns; filing requirements; estimated tax declarations.
211.076 - Interest and penalties; failure to pay tax or file return; estimated tax underpayments.
211.09 - Collection of tax; duties of producer, operator, and purchaser.