Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1594
       
       
       
       
       
       
                                Barcode 432204                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2011           .                                
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       The Committee on Budget Subcommittee on Finance and Tax (Sachs)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 142 - 306
    4  and insert:
    5         Section 4. Paragraph (b) of subsection (1) of section
    6  550.0951, Florida Statutes, is amended to read:
    7         550.0951 Payment of daily license fee and taxes;
    8  penalties.—
    9         (1)
   10         (b) Each permitholder that cannot utilize the full amount
   11  of the exemption of $360,000 or $500,000 provided in s.
   12  550.09514(1) or the daily license fee credit provided in this
   13  section may, at any time after notifying the division in
   14  writing, elect once per state fiscal year on a form provided by
   15  the division, to transfer such exemption or credit or any
   16  portion thereof to any greyhound permitholder which acts as a
   17  host track to such permitholder for the purpose of intertrack
   18  wagering. Notwithstanding any other provision of law, the
   19  exemption of $360,000 or $500,000 provided in s. 550.09514(1)
   20  for each greyhound permitholder that conducted live racing
   21  before July 1, 2011, but subsequently elects not to conduct live
   22  racing during a fiscal year shall be pooled, and each greyhound
   23  permitholder conducting a full schedule of live racing during a
   24  fiscal year shall be entitled to an additional tax credit in an
   25  amount equal to the product of the respective permitholder’s
   26  percentage share of live and intertrack wagering handle under
   27  subsection (3) during the preceding fiscal year and the total
   28  value of tax credits available in the pool. Once an election to
   29  transfer such exemption or credit is filed with the division, it
   30  shall not be rescinded. The division shall disapprove the
   31  transfer when the amount of the exemption or credit or portion
   32  thereof is unavailable to the transferring permitholder for any
   33  reason, including being unavailable because the transferring
   34  permitholder did not conduct at least 100 live performances of
   35  at least eight races during the fiscal year, or when the
   36  permitholder who is entitled to transfer the exemption or credit
   37  or who is entitled to receive the exemption or credit owes taxes
   38  to the state pursuant to a deficiency letter or administrative
   39  complaint issued by the division. Upon approval of the transfer
   40  by the division, the transferred tax exemption or credit shall
   41  be effective for the first performance of the next payment
   42  period as specified in subsection (5). The exemption or credit
   43  transferred to such host track may be applied by such host track
   44  against any taxes imposed by this chapter or daily license fees
   45  imposed by this chapter. The greyhound permitholder host track
   46  to which such exemption or credit is transferred shall reimburse
   47  such permitholder the exact monetary value of such transferred
   48  exemption or credit as actually applied against the taxes and
   49  daily license fees of the host track. The division shall ensure
   50  that all transfers of exemption or credit are made in accordance
   51  with this subsection and shall have the authority to adopt rules
   52  to ensure the implementation of this section.
   53         Section 5. Paragraphs (b), (c), and (e) of subsection (2)
   54  of section 550.09514, Florida Statutes, are amended to read:
   55         550.09514 Greyhound dogracing taxes; purse requirements.—
   56         (2)
   57         (b) Except as otherwise set forth herein, in addition to
   58  the minimum purse percentage required by paragraph (a), each
   59  permitholder conducting live racing during a fiscal year shall
   60  pay as purses an annual amount equal to 75 percent of the daily
   61  license fees paid by each permitholder for the 1994-1995 fiscal
   62  year. This purse supplement shall be disbursed weekly during the
   63  permitholder’s race meet in an amount determined by dividing the
   64  annual purse supplement by the number of performances approved
   65  for the permitholder pursuant to its annual license and
   66  multiplying that amount by the number of performances conducted
   67  each week. For the greyhound permitholders in the county where
   68  there are two greyhound permitholders located as specified in s.
   69  550.615(6), such permitholders shall pay in the aggregate an
   70  amount equal to 75 percent of the daily license fees paid by
   71  such permitholders for the 1994-1995 fiscal year. These
   72  permitholders shall be jointly and severally liable for such
   73  purse payments. The additional purses provided by this paragraph
   74  must be used exclusively for purses other than stakes. The
   75  division shall conduct audits necessary to ensure compliance
   76  with this section.
   77         (c)1. Each greyhound permitholder when conducting at least
   78  three live performances during any week shall pay purses in that
   79  week on wagers it accepts as a guest track on intertrack and
   80  simulcast greyhound races at the same rate as it pays on live
   81  races. Each greyhound permitholder when conducting at least
   82  three live performances during any week shall pay purses in that
   83  week, at the same rate as it pays on live races, on wagers
   84  accepted on greyhound races at a guest track which is not
   85  conducting live racing and is located within the same market
   86  area as the greyhound permitholder conducting at least three
   87  live performances during any week.
   88         2. Each host greyhound permitholder shall pay purses on its
   89  simulcast and intertrack broadcasts of greyhound races to guest
   90  facilities that are located outside its market area in an amount
   91  equal to one quarter of an amount determined by subtracting the
   92  transmission costs of sending the simulcast or intertrack
   93  broadcasts from an amount determined by adding the fees received
   94  for greyhound simulcast races plus 3 percent of the greyhound
   95  intertrack handle at guest facilities that are located outside
   96  the market area of the host and that paid contractual fees to
   97  the host for such broadcasts of greyhound races. For guest
   98  greyhound permitholders not conducting live racing during a
   99  fiscal year and not subject to the purse requirements of
  100  subparagraph 1., 3 percent of the greyhound intertrack handle
  101  shall be paid to the host greyhound permitholder for payment of
  102  purses at the host track.
  103         (e) In addition to the purse requirements of paragraphs
  104  (a)-(c), each greyhound permitholder shall pay as purses an
  105  amount equal to one-third of the amount of the tax reduction on
  106  live and simulcast handle applicable to such permitholder as a
  107  result of the reductions in tax rates provided by this act
  108  through the amendments to s. 550.0951(3) in chapter 2000-354,
  109  Laws of Florida. With respect to intertrack wagering when the
  110  host and guest tracks are greyhound permitholders not within the
  111  same market area, an amount equal to the tax reduction
  112  applicable to the guest track handle as a result of the
  113  reduction in tax rates rate provided by this act through the
  114  amendments amendment to s. 550.0951(3) in chapter 2000-354, Laws
  115  of Florida, shall be distributed to the guest track, one-third
  116  of which amount shall be paid as purses at those the guest
  117  tracks conducting live racing track. However, if the guest track
  118  is a greyhound permitholder within the market area of the host
  119  or if the guest track is not a greyhound permitholder, an amount
  120  equal to such tax reduction applicable to the guest track handle
  121  shall be retained by the host track, one-third of which amount
  122  shall be paid as purses at the host track. These purse funds
  123  shall be disbursed in the week received if the permitholder
  124  conducts at least one live performance during that week. If the
  125  permitholder does not conduct at least one live performance
  126  during the week in which the purse funds are received, the purse
  127  funds shall be disbursed weekly during the permitholder’s next
  128  race meet in an amount determined by dividing the purse amount
  129  by the number of performances approved for the permitholder
  130  pursuant to its annual license, and multiplying that amount by
  131  the number of performances conducted each week. The division
  132  shall conduct audits necessary to ensure compliance with this
  133  paragraph.
  134  
  135  ================= T I T L E  A M E N D M E N T ================
  136         And the title is amended as follows:
  137         Delete lines 16 - 17
  138  and insert:
  139         permitholder; amending s. 550.09514, F.S.;