Senate Bill 0436

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 1998                                   SB 436

    By the Committee on Regulated Industries





    315-433-98

  1                      A bill to be entitled

  2         An act relating to pari-mutuel wagering;

  3         reviving and readopting s. 550.09512, F.S.,

  4         relating to harness horse taxes; repealing s.

  5         550.09512(5), F.S., as created by ch. 93-288,

  6         Laws of Florida; abrogating the repeal of s.

  7         550.09512, F.S.; providing an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 550.09512, Florida Statutes, is

12  reenacted to read:

13         550.09512  Harness horse taxes; abandoned interest in a

14  permit for nonpayment of taxes.--

15         (1)  Pari-mutuel wagering at harness horse racetracks

16  in this state is an important business enterprise, and taxes

17  derived therefrom constitute a part of the tax structure which

18  funds operation of the state.  Harness horse permitholders

19  should pay their fair share of these taxes to the state.  This

20  business interest should not be taxed to such an extent as to

21  cause any racetrack which is operated under sound business

22  principles to be forced out of business.  Due to the need to

23  protect the public health, safety, and welfare, the gaming

24  laws of the state provide for the harness horse industry to be

25  highly regulated and taxed. The state recognizes that there

26  exist identifiable differences between harness horse

27  permitholders based upon their ability to operate under such

28  regulation and tax system.

29         (2)(a)  Notwithstanding the provisions of s.

30  550.0951(3)(a), the tax on handle for live harness horse

31  performances is 1 percent of handle per performance.

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    Florida Senate - 1998                                   SB 436
    315-433-98




  1         (b)  For purposes of this section, the term "handle"

  2  shall have the same meaning as in s. 550.0951, and shall not

  3  include handle from intertrack wagering.

  4         (3)(a)  The permit of a harness horse permitholder who

  5  does not pay tax on handle for live harness horse performances

  6  for a full schedule of live races during any 2 consecutive

  7  state fiscal years shall be void and shall escheat to and

  8  become the property of the state unless such failure to

  9  operate and pay tax on handle was the direct result of fire,

10  strike, war, or other disaster or event beyond the ability of

11  the permitholder to control.  Financial hardship to the

12  permitholder shall not, in and of itself, constitute just

13  cause for failure to operate and pay tax on handle.

14         (b)  In order to maximize the tax revenues to the

15  state, the division shall reissue an escheated harness horse

16  permit to a qualified applicant pursuant to the provisions of

17  this chapter as for the issuance of an initial permit.

18  However, the provisions of this chapter relating to referendum

19  requirements for a pari-mutuel permit shall not apply to the

20  reissuance of an escheated harness horse permit.  As specified

21  in the application and upon approval by the division of an

22  application for the permit, the new permitholder shall be

23  authorized to operate a harness horse facility anywhere in the

24  same county in which the escheated permit was authorized to be

25  operated, notwithstanding the provisions of s. 550.054(2)

26  relating to mileage limitations.

27         (4)  In the event that a court of competent

28  jurisdiction determines any of the provisions of this section

29  to be unconstitutional, it is the intent of the Legislature

30  that the provisions contained in this section shall be null

31  and void and that the provisions of s. 550.0951 shall apply to

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    Florida Senate - 1998                                   SB 436
    315-433-98




  1  all harness horse permitholders beginning on the date of such

  2  judicial determination.  To this end, the Legislature declares

  3  that it would not have enacted any of the provisions of this

  4  section individually and, to that end, expressly finds them

  5  not to be severable.

  6         Section 2.  Subsection (5) of section 550.09512,

  7  Florida Statutes, as created by section 1 of chapter 93-288,

  8  Laws of Florida, is repealed.

  9         Section 3.  This act shall take effect upon becoming a

10  law.

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13                          SENATE SUMMARY

14    Revives and readopts s. 550.09512, F.S., relating to
      harness horse taxes, which was scheduled for repeal on
15    July 1, 1998.

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