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SILVER SAND CO., ETC. v. DEPARTMENT OF REVENUE

No. GG-33.

365 So.2d 1090 (1979)

SILVER SAND COMPANY OF LEESBURG, INC., Petitioner, v. DEPARTMENT OF REVENUE, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied January 30, 1979.

Attorney(s) appearing for the Case

Stephen P. Kanar of Fishback, Davis, Dominick & Simonet, Orlando, for petitioner.

Robert L. Shevin, Atty. Gen., Patricia S. Turner, Asst. Atty. Gen., for respondent.

BOYER, Acting Chief Judge.

By way of petition for certiorari, Silver Sand Company of Leesburg, Inc. (Silver Sand) is seeking review of a final order of the Department of Revenue (Department) assessing against Silver Sand a special fuel tax in the amount of $154,644.50.

Silver Sand is in the aggregate business. Diesel fuel is used in its trucking operation and the State imposes a tax of eight cents per gallon on diesel fuel used on the highways. In 1973, fuel...

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