House Bill 0725e1

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                                     CS/CS/HB 725, First Engrossed



  1                      A bill to be entitled

  2         An act relating to pari-mutuel wagering;

  3         amending s. 212.20, F.S.; providing for an

  4         annual distribution of sales and use tax

  5         proceeds to the counties in lieu of funds

  6         distributed under s. 550.135, F.S.; providing

  7         for existing obligations and bonded

  8         indebtedness; amending s. 550.135, F.S.;

  9         eliminating distribution of funds from the

10         Pari-mutuel Wagering Trust Fund to the

11         counties; providing for minimum balance in

12         trust fund; amending s. 550.0951, F.S.;

13         providing that the daily license fee tax credit

14         provided by said section and the $360,000 or

15         $500,000 tax exemption provided by s.

16         550.09514(1), F.S., may be applied to any tax

17         and daily license fees imposed under ch. 550,

18         F.S.; removing restrictions on the transfer of

19         the daily license fee tax credit by greyhound

20         permitholders; authorizing transfer of the

21         $360,000 or $500,000 tax exemption by a

22         greyhound permitholder to a greyhound

23         permitholder that acts as host track to such

24         permitholder for intertrack wagering; providing

25         for repayment; providing for rules; reducing

26         the taxes on handle for greyhound dogracing,

27         for intertrack wagering when the host track is

28         a dog track, and for intertrack wagers accepted

29         by certain dog tracks; providing exceptions;

30         specifying the rate of the tax on handle for

31         greyhound simulcast races, or rebroadcasts of


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                                     CS/CS/HB 725, First Engrossed



  1         such races, received from outside the United

  2         States; eliminating deposit into the General

  3         Revenue Fund of a portion of the admission tax,

  4         tax on handle, and breaks tax imposed under

  5         said section; amending s. 550.09514, F.S.;

  6         revising application and administration of the

  7         $360,000 or $500,000 tax exemption provided by

  8         said section; providing for payment of

  9         additional purses by greyhound permitholders in

10         an amount equal to a percentage of the tax

11         reduction resulting from the reduction of the

12         taxes on handle; providing requirements with

13         respect thereto; providing for audits; amending

14         s. 550.09515, F.S.; providing for deposit of

15         the tax on handle for certain intertrack

16         wagering on certain horseracing in the

17         Pari-mutuel Wagering Trust Fund rather than the

18         General Revenue Fund; creating s. 550.1647,

19         F.S.; authorizing a credit against taxes

20         imposed under ch. 550, F.S., for unclaimed

21         ticket amounts that are remitted to the state

22         by greyhound permitholders; providing for

23         payments to organizations that promote the

24         adoption of greyhounds; providing for retention

25         of breaks by greyhound permitholders; amending

26         ss. 288.1169 and 849.086, F.S.; correcting

27         references; providing an effective date.

28

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

30

31


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                                     CS/CS/HB 725, First Engrossed



  1         Section 1.  Paragraph (f) of subsection (6) of section

  2  212.20, Florida Statutes, is amended to read:

  3         212.20  Funds collected, disposition; additional powers

  4  of department; operational expense; refund of taxes

  5  adjudicated unconstitutionally collected.--

  6         (6)  Distribution of all proceeds under this chapter

  7  shall be as follows:

  8         (f)  The proceeds of all other taxes and fees imposed

  9  pursuant to this chapter shall be distributed as follows:

10         1.  In any fiscal year, the greater of $500 million,

11  minus an amount equal to 4.6 percent of the proceeds of the

12  taxes collected pursuant to chapter 201, or 5 percent of all

13  other taxes and fees imposed pursuant to this chapter shall be

14  deposited in monthly installments into the General Revenue

15  Fund.

16         2.  Two-tenths of one percent shall be transferred to

17  the Solid Waste Management Trust Fund.

18         3.  After the distribution under subparagraphs 1. and

19  2., 9.653 percent of the amount remitted by a sales tax dealer

20  located within a participating county pursuant to s. 218.61

21  shall be transferred into the Local Government Half-cent Sales

22  Tax Clearing Trust Fund.

23         4.  After the distribution under subparagraphs 1., 2.,

24  and 3., 0.054 percent shall be transferred to the Local

25  Government Half-cent Sales Tax Clearing Trust Fund and

26  distributed pursuant to s. 218.65.

27         5.  Of the remaining proceeds:

28         a.  Beginning July 1, 2000, and in each fiscal year

29  thereafter, the sum of $29,915,500 shall be divided into as

30  many equal parts as there are counties in the state, and one

31  part shall be distributed to each county.  The distribution


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                                     CS/CS/HB 725, First Engrossed



  1  among the several counties shall begin each fiscal year on or

  2  before January 5 and shall continue monthly for a total of 4

  3  months.  If a local or special law required that any moneys

  4  accruing to a county in fiscal year 1999-2000 under the

  5  then-existing provisions of s. 550.135 be paid directly to the

  6  district school board, special district, or a municipal

  7  government, such payment shall continue until such time as the

  8  local or special law is amended or repealed.  The state

  9  covenants with holders of bonds or other instruments of

10  indebtedness issued by local governments, special districts,

11  or district school boards prior to July 1, 2000, that it is

12  not the intent of this sub-subparagraph to affect adversely

13  the rights of those holders or to relieve local governments or

14  district school boards of the duty to meet their obligations

15  as a result of previous pledges or assignments or trusts

16  entered into which obligated funds received from the

17  then-existing s. 550.135 distribution to county governments.

18  This distribution specifically is in lieu of funds distributed

19  under s. 550.135 prior to July 1, 2000.

20         b.a.  Beginning July 1, 1992, $166,667 shall be

21  distributed monthly by the department to each applicant that

22  has been certified as a "facility for a new professional

23  sports franchise" or a "facility for a retained professional

24  sports franchise" pursuant to s. 288.1162 and $41,667 shall be

25  distributed monthly by the department to each applicant that

26  has been certified as a "new spring training franchise

27  facility" pursuant to s. 288.1162. Distributions shall begin

28  60 days following such certification and shall continue for 30

29  years. Nothing contained herein shall be construed to allow an

30  applicant certified pursuant to s. 288.1162 to receive more in

31  distributions than actually expended by the applicant for the


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                                     CS/CS/HB 725, First Engrossed



  1  public purposes provided for in s. 288.1162(7). However, a

  2  certified applicant shall receive distributions up to the

  3  maximum amount allowable and undistributed under this section

  4  for additional renovations and improvements to the facility

  5  for the franchise without additional certification.

  6         c.b.  Beginning 30 days after notice by the Office of

  7  Tourism, Trade, and Economic Development to the Department of

  8  Revenue that an applicant has been certified as the

  9  professional golf hall of fame pursuant to s. 288.1168 and is

10  open to the public, $166,667 shall be distributed monthly, for

11  up to 300 months, to the applicant.

12         d.c.  Beginning 30 days after notice by the Department

13  of Commerce to the Department of Revenue that the applicant

14  has been certified as the International Game Fish Association

15  World Center facility pursuant to s. 288.1169, and the

16  facility is open to the public, $83,333 shall be distributed

17  monthly, for up to 180 months, to the applicant.  This

18  distribution is subject to reduction pursuant to s. 288.1169.

19         6.  All other proceeds shall remain with the General

20  Revenue Fund.

21         Section 2.  Section 550.135, Florida Statutes, is

22  amended to read:

23         550.135  Division of moneys derived under this

24  law.--All moneys that are deposited with the Treasurer to the

25  credit of the Pari-mutuel Wagering Trust Fund shall be

26  distributed as follows in the following proportions, in the

27  manner and at the times specified in this section:

28         (1)  In each fiscal year, the sum of $29,915,500 shall

29  be divided into as many equal parts as there are counties in

30  the state, and one part shall be distributed to each county;

31  any excess of such moneys after the distributions to the


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                                     CS/CS/HB 725, First Engrossed



  1  counties shall be paid into the General Revenue Fund. If the

  2  sum available for distribution is less than $29,915,500, the

  3  deficiency shall be paid into the Pari-mutuel Wagering Trust

  4  Fund from the General Revenue Fund up to the amount of the

  5  deficiency if the deficiency does not exceed the deposits of

  6  pari-mutuel tax collections to the General Revenue Fund for

  7  that fiscal year.

  8         (2)  The distribution among the several counties

  9  provided for in subsection (1) shall begin each fiscal year on

10  or before January 5 and shall continue monthly for a total of

11  4 months.  If during the fiscal year the sums available for

12  distribution to the counties is not sufficient to make the

13  scheduled distributions, the division shall immediately

14  transfer to the Pari-mutuel Wagering Trust Fund from deposits

15  made by the division to the General Revenue Fund during that

16  fiscal year, the sums required to make the distributions.  If

17  on April 5 the sums distributed to the counties do not equal

18  the maximum sum to be distributed, the division shall

19  immediately transfer to the Pari-mutuel Wagering Trust Fund,

20  from deposits made by the division to the General Revenue Fund

21  during that fiscal year, the sums required to pay each county

22  the sum entitled and shall make such payments on or before the

23  end of that fiscal year.  The Comptroller is appointed as the

24  agent of the division to make the distribution to the counties

25  and to make transfers as may be required by this section.

26         (1)(3)  The daily license fee revenues collected

27  pursuant to s. 550.0951(1) shall be used to fund the operating

28  cost of the division and to provide a proportionate share of

29  the operation of the office of the secretary and the Division

30  of Administration of the Department of Business and

31  Professional Regulation; however, other collections in the


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                                     CS/CS/HB 725, First Engrossed



  1  Pari-mutuel Wagering Trust Fund, after the payments required

  2  by subsections (1) and (2), may also be used to fund the

  3  operation of the division in accordance with authorized

  4  appropriations.

  5         (2)(4)  After payments to the counties have been

  6  completed as provided in subsections (1) and (2), All

  7  unappropriated funds in excess of $3.5 million in the

  8  Pari-mutuel Wagering Trust Fund shall be deposited to the

  9  Treasurer to the credit of the General Revenue Fund as

10  provided in subsection (1).

11         (5)  If a local or special law requires that any moneys

12  accruing to a county under this chapter, the same being

13  division funds, be paid to the Treasurer of the state, as ex

14  officio treasurer of the teachers' salary fund, to the credit

15  of a district school board, those moneys shall be paid

16  directly to the district school board.

17         Section 3.  Subsections (1), (3), and (5) and paragraph

18  (b) of subsection (6) of section 550.0951, Florida Statutes,

19  are amended to read:

20         550.0951  Payment of daily license fee and taxes.--

21         (1)(a)  DAILY LICENSE FEE.--Each person engaged in the

22  business of conducting race meetings or jai alai games under

23  this chapter, hereinafter referred to as the "permitholder,"

24  "licensee," or "permittee," shall pay to the division, for the

25  use of the division, a daily license fee on each live or

26  simulcast pari-mutuel event of $100 for each horserace and $80

27  for each dograce and $40 for each jai alai game conducted at a

28  racetrack or fronton licensed under this chapter.  Effective

29  October 1, 1996, In addition to the tax exemption specified in

30  s. 550.09514(1) of $360,000 or $500,000 per greyhound

31  permitholder per state fiscal year, each greyhound


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                                     CS/CS/HB 725, First Engrossed



  1  permitholder shall receive in the current state fiscal year a

  2  tax credit equal to the number of live greyhound races

  3  conducted in the previous state fiscal year times the daily

  4  license fee specified for each dograce in this subsection

  5  applicable for the previous state fiscal year.  This tax

  6  credit and the exemption in s. 550.09514(1) shall be

  7  applicable to any the tax and the daily license fees imposed

  8  by this chapter on live handle under subsection (3) except

  9  during any charity or scholarship performances conducted

10  pursuant to s. 550.0351. Effective October 1, 1996, Each

11  permitholder shall pay daily license fees not to exceed $500

12  per day on any simulcast races or games on which such

13  permitholder accepts wagers regardless of the number of

14  out-of-state events taken or the number of out-of-state

15  locations from which such events are taken. This license fee

16  shall be deposited with the Treasurer to the credit of the

17  Pari-mutuel Wagering Trust Fund.

18         (b)  Each permitholder that authorized a maximum tax

19  savings of $500,000 per state fiscal year pursuant to s.

20  550.09514(1) or the greyhound permitholder that had the lowest

21  live handle during the preceding state fiscal year, which

22  cannot utilize the full amount of the exemption of $360,000 or

23  $500,000 provided in s. 550.09514(1) or the daily license fee

24  credit provided in this section, may, after notifying the

25  division in writing, elect once per state fiscal year on a

26  form provided by the division to transfer such exemption or

27  credit or any portion thereof to any greyhound permitholder

28  which acts as a host track to such permitholder for the

29  purpose of intertrack wagering. Once an election to transfer

30  such exemption or credit is filed with the division it shall

31  not be rescinded. The division shall disapprove the credit


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                                     CS/CS/HB 725, First Engrossed



  1  transfer when the amount of the exemption or credit or portion

  2  thereof is unavailable to the transferring permitholder or

  3  when the permitholder, who is entitled to transfer the

  4  exemption or credit or who is entitled to receive the

  5  exemption or credit, owes taxes to the state pursuant to a

  6  deficiency letter or administrative complaint issued by the

  7  division. Upon approval of the transfer by the division, the

  8  transferred tax exemption or credit shall be effective for the

  9  first performance of the next biweekly pay period as specified

10  in subsection (5). The exemption or daily license fee credit

11  transferred to such host track may be applied by such host

12  track against any its taxes and daily license fees imposed by

13  this chapter on live racing as provided in this subsection.

14  The greyhound permitholder host track to which such exemption

15  or daily license fee credit is transferred shall reimburse

16  such permitholder the exact monetary value of such transferred

17  exemption or credit as actually applied against the taxes and

18  daily license fees of the host track. The division shall

19  ensure that all transfers of exemption or credit are made in

20  accordance with this subsection and shall have the authority

21  to adopt rules to ensure the implementation of this section.

22         (3)  TAX ON HANDLE.--Each permitholder shall pay a tax

23  on contributions to pari-mutuel pools, the aggregate of which

24  is hereinafter referred to as "handle," on races or games

25  conducted by the permitholder. The tax is imposed daily and is

26  based on the total contributions to all pari-mutuel pools

27  conducted during the daily performance.  If a permitholder

28  conducts more than one performance daily, the tax is imposed

29  on each performance separately.

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                                     CS/CS/HB 725, First Engrossed



  1         (a)  The tax on handle for thoroughbred horse racing,

  2  harness horse racing, and quarter horse racing is 3.3 percent

  3  of the handle.

  4         (b)1.  The tax on handle for dogracing is 4.55 7.6

  5  percent of the handle, except that for live charity

  6  performances held pursuant to s. 550.0351, and for intertrack

  7  wagering on such charity performances at a guest greyhound

  8  track within the market area of the host, the tax remains 7.6

  9  percent of the handle. and

10         2.  The tax on handle for jai alai is 7.1 percent of

11  the handle.

12         (c)1.  The tax on handle for intertrack wagering is 3.3

13  percent of the handle if the host track is a horse track, 4.55

14  7.6 percent if the host track is a dog track, and 7.1 percent

15  if the host track is a jai alai fronton.  The tax on handle

16  for intertrack wagering on rebroadcasts of simulcast

17  horseraces is 2.4 percent of the handle.  The tax shall be

18  deposited into the Pari-mutuel Wagering Trust General Revenue

19  Fund.

20         2.  Effective October 1, 1996, The tax on handle for

21  intertrack wagers accepted by any dog track located in an area

22  of the state in which there are only three permitholders, all

23  of which are greyhound permitholders, located in three

24  contiguous counties, from any greyhound permitholder also

25  located within such area or any dog track or jai alai fronton

26  located as specified in s. 550.615(6) or (8), on races or

27  games received from the same class of permitholder located

28  within the same market area is 2.95 6 percent if the host

29  facility is a greyhound permitholder and, if the host facility

30  is a jai alai permitholder, the rate shall be 6.1 percent

31  except that it shall be 2.3 percent on handle at such time as


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                                     CS/CS/HB 725, First Engrossed



  1  the total tax on intertrack handle paid to the division by the

  2  permitholder during the current state fiscal year exceeds the

  3  total tax on intertrack handle paid to the division by the

  4  permitholder during the 1992-1993 state fiscal year.

  5         3.  Any guest track that imposes a surcharge on each

  6  winning ticket cashed pursuant to s. 550.6335 shall pay an

  7  additional tax equal to 5 percent of the surcharge so imposed.

  8  Any taxes so imposed shall be deposited into the General

  9  Revenue Fund.

10         (d)  The tax on handle for greyhound simulcast races

11  received from a location outside the United States or for

12  rebroadcasts of such simulcast is 2 percent of the handle.

13         (5)  PAYMENT AND DISPOSITION OF FEES AND

14  TAXES.--Payment for the admission tax, tax on handle, and the

15  breaks tax imposed by this section shall be paid to the

16  division. The division shall deposit these sums with the

17  Treasurer, to the credit of one-half being credited to the

18  Pari-mutuel Wagering Trust Fund, hereby established, and

19  one-half being credited to the General Revenue Fund. The

20  permitholder shall remit to the division payment for the daily

21  license fee, the admission tax, the tax on handle, and the

22  breaks tax.  Such payments shall be remitted by 3 p.m. Friday

23  of each week for taxes and fees imposed and collected for the

24  preceding Sunday, Monday, and Tuesday, and by 3 p.m. Wednesday

25  of each week for taxes imposed and collected for the preceding

26  Wednesday, Thursday, Friday, and Saturday. Permitholders shall

27  file a report under oath by the 5th day of each calendar month

28  for all taxes remitted during the preceding calendar month.

29  Such payments shall be accompanied by a report under oath

30  showing the total of all admissions, the pari-mutuel wagering

31


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                                     CS/CS/HB 725, First Engrossed



  1  activities for the preceding calendar month, and such other

  2  information as may be prescribed by the division.

  3         (6)  PENALTIES.--

  4         (b)  In addition to the civil penalty prescribed in

  5  paragraph (a), any willful or wanton failure by any

  6  permitholder to make payments of the daily license fee,

  7  admission tax, tax on handle, or breaks tax, or surtax

  8  constitutes sufficient grounds for the division to suspend or

  9  revoke the license of the permitholder, to cancel the permit

10  of the permitholder, or to deny issuance of any further

11  license or permit to the permitholder.

12         Section 4.  Section 550.09514, Florida Statutes, is

13  amended to read:

14         550.09514  Greyhound dogracing taxes; purse

15  requirements.--

16         (1)  Notwithstanding the provisions of s.

17  550.0951(3)(b), Wagering on greyhound racing is subject to a

18  tax on handle for live greyhound racing as specified in s.

19  550.0951(3) at the rate of 7.6 percent of handle. However,

20  each permitholder shall pay no the tax on live handle in

21  excess of $100,000 per performance until such time as this

22  subsection has resulted in a tax savings per state fiscal year

23  of $360,000. Thereafter, each permitholder shall pay the tax

24  as specified in s. 550.0951(3) provided in this subsection on

25  all handle for the remainder of the permitholder's current

26  race meet, and the tax must be calculated and commence

27  beginning the day after the biweekly period in which the

28  permitholder reaches the maximum tax savings per state fiscal

29  year provided in this section.  For the three permitholders

30  which conducted a full schedule of live racing in 1995, and

31  are closest to another state which authorizes greyhound


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                                     CS/CS/HB 725, First Engrossed



  1  pari-mutuel wagering, the maximum tax savings per state fiscal

  2  year shall be $500,000.  The provisions of this subsection

  3  relating to tax exemptions shall not apply to any charity or

  4  scholarship performances conducted pursuant to s. 550.0351.

  5         (2)(a)  The division shall determine for each greyhound

  6  permitholder the annual purse percentage rate of live handle

  7  for the state fiscal year 1993-1994 by dividing total purses

  8  paid on live handle by the permitholder, exclusive of payments

  9  made from outside sources, during the 1993-1994 state fiscal

10  year by the permitholder's live handle for the 1993-1994 state

11  fiscal year. Each permitholder shall pay as purses for live

12  races conducted during its current race meet a percentage of

13  its live handle not less than the percentage determined under

14  this paragraph, exclusive of payments made by outside sources,

15  for its 1993-1994 state fiscal year.

16         (b)1.  Except as otherwise provided herein, in addition

17  to the minimum purse percentage required by paragraph (a),

18  each permitholder shall pay as purses, for fiscal year

19  1996-1997, an amount equal to 75 percent of the permitholder's

20  tax credit pursuant to s. 550.0951(1).

21         2.  Except as otherwise set forth herein, in addition

22  to the minimum purse percentage required by paragraph (a),

23  beginning July 1, 1997, each permitholder shall pay as purses

24  an annual amount equal to 75 percent of the daily license fees

25  paid by each permitholder for the 1994-1995 fiscal year. This

26  purse supplement shall be disbursed weekly during the

27  permitholder's race meet in an amount determined by dividing

28  the annual purse supplement by the number of performances

29  approved for the permitholder pursuant to its annual license

30  and multiplying that amount by the number of performances

31  conducted each week. For the greyhound permitholders in the


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                                     CS/CS/HB 725, First Engrossed



  1  county where there are two greyhound permitholders located as

  2  specified in s. 550.615(6), such permitholders shall pay in

  3  the aggregate an amount equal to 75 percent of the daily

  4  license fees paid by such permitholders for the 1994-1995

  5  fiscal year. These permitholders shall be jointly and

  6  severally liable for such purse payments.

  7

  8  The additional purses provided by this paragraph must be used

  9  exclusively for purses other than stakes.  The division shall

10  conduct audits necessary to ensure compliance with this

11  section.

12         (c)1.  Each greyhound permitholder when conducting at

13  least three live performances during any week shall pay purses

14  in that week on wagers it accepts as a guest track on

15  intertrack and simulcast greyhound races at the same rate as

16  it pays on live races. Each greyhound permitholder when

17  conducting at least three live performances during any week

18  shall pay purses in that week, at the same rate as it pays on

19  live races, on wagers accepted on greyhound races at a guest

20  track which is not conducting live racing and is located

21  within the same market area as the greyhound permitholder

22  conducting at least three live performances during any week.

23         2.  Each host greyhound permitholder shall pay purses

24  on its simulcast and intertrack broadcasts of greyhound races

25  to guest facilities that are located outside its market area

26  in an amount equal to one quarter of an amount determined by

27  subtracting the transmission costs of sending the simulcast or

28  intertrack broadcasts from an amount determined by adding the

29  fees received for greyhound simulcast races plus 3 percent of

30  the greyhound intertrack handle at guest facilities that are

31  located outside the market area of the host and that paid


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                                     CS/CS/HB 725, First Engrossed



  1  contractual fees to the host for such broadcasts of greyhound

  2  races.

  3         (d)  The division shall require sufficient

  4  documentation from each greyhound permitholder regarding

  5  purses paid on live racing to assure that the annual purse

  6  percentage rates paid by each permitholder on the live races

  7  are not reduced below those paid during the 1993-1994 state

  8  fiscal year. The division shall require sufficient

  9  documentation from each greyhound permitholder to assure that

10  the purses paid by each permitholder on the greyhound

11  intertrack and simulcast broadcasts are in compliance with the

12  requirements of paragraph (c).

13         (e)  In addition to the purse requirements of

14  paragraphs (a)-(c), each greyhound permitholder shall pay as

15  purses an amount equal to one-third of the amount of the tax

16  reduction on live and simulcast handle applicable to such

17  permitholder as a result of the reductions in tax rates

18  provided by this act through the amendments to s. 550.0951(3).

19  With respect to intertrack wagering when the host and guest

20  tracks are greyhound permitholders not within the same market

21  area, an amount equal to the tax reduction applicable to the

22  guest track handle as a result of the reduction in tax rate

23  provided by this act through the amendment to s. 550.0951(3)

24  shall be distributed to the guest track, one-third of which

25  amount shall be paid as purses at the guest track. However, if

26  the guest track is a greyhound permitholder within the market

27  area of the host or if the guest track is not a greyhound

28  permitholder, an amount equal to such tax reduction applicable

29  to the guest track handle shall be retained by the host track,

30  one-third of which amount shall be paid as purses at the host

31  track. These purse funds shall be disbursed in the week


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                                     CS/CS/HB 725, First Engrossed



  1  received if the permitholder conducts at least one live

  2  performance during that week. If the permitholder does not

  3  conduct at least one live performance during the week in which

  4  the purse funds are received, the purse funds shall be

  5  disbursed weekly during the permitholder's next race meet in

  6  an amount determined by dividing the purse amount by the

  7  number of performances approved for the permitholder pursuant

  8  to its annual license, and multiplying that amount by the

  9  number of performances conducted each week. The division shall

10  conduct audits necessary to ensure compliance with this

11  paragraph.

12         (f)(e)  Each greyhound permitholder shall, during the

13  permitholder's race meet, supply kennel operators and the

14  Division of Pari-Mutuel Wagering with a weekly report showing

15  purses paid on live greyhound races and all greyhound

16  intertrack and simulcast broadcasts, including both as a guest

17  and a host together with the handle or commission calculations

18  on which such purses were paid and the transmission costs of

19  sending the simulcast or intertrack broadcasts, so that the

20  kennel operators may determine statutory and contractual

21  compliance.

22         (g)(f)  Each greyhound permitholder shall make direct

23  payment of purses to the greyhound owners who have filed with

24  such permitholder appropriate federal taxpayer identification

25  information based on the percentage amount agreed upon between

26  the kennel operator and the greyhound owner.

27         (h)(g)  At the request of a majority of kennel

28  operators under contract with a greyhound permitholder, the

29  permitholder shall make deductions from purses paid to each

30  kennel operator electing such deduction and shall make a

31  direct payment of such deductions to the local association of


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                                     CS/CS/HB 725, First Engrossed



  1  greyhound kennel operators formed by a majority of kennel

  2  operators under contract with the permitholder. The amount of

  3  the deduction shall be at least 1 percent of purses, as

  4  determined by the local association of greyhound kennel

  5  operators. No deductions may be taken pursuant to this

  6  paragraph without a kennel operator's specific approval before

  7  or after the effective date of this act.

  8         (3)  For the purpose of this section, the term "live

  9  handle" means the handle from wagers placed at the

10  permitholder's establishment on the live greyhound races

11  conducted at the permitholder's establishment.

12         Section 5.  Subsections (5) and (6) of section

13  550.09515, Florida Statutes, are amended to read:

14         550.09515  Thoroughbred horse taxes; abandoned interest

15  in a permit for nonpayment of taxes.--

16         (5)  Notwithstanding the provisions of s.

17  550.0951(3)(c), the tax on handle for intertrack wagering on

18  rebroadcasts of simulcast horseraces is 2.4 percent of the

19  handle; provided however, that if the guest track is a

20  throughbred track located more than 35 miles from the host

21  track, the host track shall pay a tax of .5 percent of the

22  handle, and additionally the host track shall pay to the guest

23  track 1.9 percent of the handle to be used by the guest track

24  solely for purses.  The tax shall be deposited into the

25  Pari-mutuel Wagering Trust General Revenue Fund.

26         (6)  Notwithstanding the provisions of s.

27  550.0951(3)(c), the tax on handle is 0.2 percent for

28  intertrack wagering and for intertrack wagering on

29  rebroadcasts of simulcast horseraces for a thoroughbred

30  permitholder that conducts performances during the period

31  beginning March 17 and ending May 22. This subsection applies


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                                     CS/CS/HB 725, First Engrossed



  1  only to thoroughbred permitholders located in any area of the

  2  state where there are three or more thoroughbred permitholders

  3  within 25 miles of each other.  The tax shall be deposited

  4  into the Pari-mutuel Wagering Trust General Revenue Fund.

  5  Effective July 1, 2001, this subsection is repealed.

  6         Section 6.  Section 550.1647, Florida Statutes, is

  7  created to read:

  8         550.1647  Greyhound permitholders; unclaimed tickets;

  9  breaks.--

10         (1)  All money or other property represented by any

11  unclaimed, uncashed, or abandoned pari-mutuel ticket which has

12  remained in the custody of or under the control of any

13  permitholder authorized to conduct greyhound racing

14  pari-mutuel pools in this state for a period of 1 year after

15  the date the pari-mutuel ticket was issued, if the rightful

16  owner or owners thereof have made no claim or demand for such

17  money or other property within that period of time, shall,

18  with respect to live races conducted by the permitholder be

19  remitted to the state pursuant to s. 550.1645; however, such

20  permitholder shall be entitled to a credit in each state

21  fiscal year in an amount equivalent to the actual amount

22  remitted in the prior state fiscal year that may be applied

23  against any taxes imposed pursuant to this chapter in the

24  amount of the money or property so remitted.  In addition,

25  each permitholder shall pay, from any source, including the

26  proceeds from performances conducted pursuant to s. 550.0351,

27  an amount not less than 10 percent of the amount of the credit

28  provided by this section to any bona fide organization which

29  promotes or encourages the adoption of greyhounds.

30         (2)  With respect to live greyhound races, the breaks

31  shall be retained by the permitholder conducting the race,


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                                     CS/CS/HB 725, First Engrossed



  1  and, with respect to simulcast greyhound races, the breaks

  2  shall be retained by the permitholder who receives the

  3  simulcast.

  4         Section 7.  Subsection (6) of section 288.1169, Florida

  5  Statutes, is amended to read:

  6         288.1169  International Game Fish Association World

  7  Center facility; department duties.--

  8         (6)  The Department of Commerce must recertify every 10

  9  years that the facility is open, that the International Game

10  Fish Association World Center continues to be the only

11  international administrative headquarters, fishing museum, and

12  Hall of Fame in the United States recognized by the

13  International Game Fish Association, and that the project is

14  meeting the minimum projections for attendance or sales tax

15  revenues as required at the time of original certification.

16  If the facility is not recertified during this 10-year review

17  as meeting the minimum projections, then funding will be

18  abated until certification criteria are met.  If the project

19  fails to generate $1 million of annual revenues pursuant to

20  paragraph (2)(e), the distribution of revenues pursuant to s.

21  212.20(6)(f)5.d.c. shall be reduced to an amount equal to

22  $83,333 multiplied by a fraction, the numerator of which is

23  the actual revenues generated and the denominator of which is

24  $1 million.  Such reduction shall remain in effect until

25  revenues generated by the project in a 12-month period equal

26  or exceed $1 million.

27         Section 8.  Paragraph (g) of subsection (13) of section

28  849.086, Florida Statutes, is amended to read:

29         849.086  Cardrooms authorized.--

30         (13)  TAXES AND OTHER PAYMENTS.--

31


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                                     CS/CS/HB 725, First Engrossed



  1         (g)  All of the moneys deposited in the Pari-mutuel

  2  Wagering Trust Fund, except as set forth in paragraph (h),

  3  shall be utilized and distributed in the manner specified in

  4  s. 550.135(1)(3) and (2)(4).  However, cardroom tax revenues

  5  shall be kept separate from pari-mutuel tax revenues and shall

  6  not be used for making the disbursement to counties provided

  7  in s. 212.20(6)(f)5.a. 550.135(1).

  8         Section 9.  This act shall take effect July 1, 2000.

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