House Bill 0945

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    Florida House of Representatives - 2000                 HB 945

        By Representative Bainter






  1                      A bill to be entitled

  2         An act relating to pari-mutuel wagering;

  3         amending s. 550.0951, F.S.; revising the tax on

  4         handle for certain intertrack wagers; revising

  5         the time period for the remittance of certain

  6         fees and taxes; amending ss. 550.09511 and

  7         550.6305, F.S.; revising cross references to

  8         conform; amending s. 550.09515, F.S.; revising

  9         the tax on handle for thoroughbred horserace

10         performances; amending s. 550.5251, F.S.;

11         authorizing thoroughbred permitholders to

12         receive and rebroadcast out-of-state races at

13         certain times; creating s. 550.73, F.S.;

14         providing for the Breeders' Cup Meet;

15         authorizing pools; providing for conflicts,

16         taxes, credits, transmission of races, rules

17         and application; creating s. 550.74, F.S.;

18         prohibiting the levy of taxes on certain

19         programs, parking, or admissions; repealing s.

20         550.26352, F.S., relating to the Breeders' Cup

21         Meet; authorizing the Division of State Lands

22         of the Department of Environmental Protection

23         to enter into a contract to purchase a portion

24         of Hialeah Race Track; providing procedures;

25         providing a definition; providing an effective

26         date.

27

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

29

30         Section 1.  Subsections (3) and (5) of section

31  550.0951, Florida Statutes, are amended to read:

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  1         550.0951  Payment of daily license fee and taxes.--

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

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

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

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

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

  7  conducted during the daily performance.  If a permitholder

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

  9  on each performance separately.

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

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

12  of the handle.

13         (b)  The tax on handle for dogracing is 7.6 percent of

14  the handle and for jai alai is 7.1 percent of the handle.

15         (c)1.  The tax on handle for an intertrack wager, as

16  that term is defined in s. 550.002(17), is 2.4 percent of the

17  handle if the host track is a horse track, provided however,

18  that the tax on handle for an intertrack wager, as that term

19  is defined in s. 550.002(17), is 0.20 percent of the handle if

20  both the host track and the guest track are thoroughbred

21  permitholders.

22         2.1.  The tax on handle for intertrack wagering is 3.3

23  percent of the handle if the host track is a horse track, 7.6

24  percent if the host track is a dog track, and 7.1 percent if

25  the host track is a jai alai fronton.  The tax on handle for

26  intertrack wagering on rebroadcasts of simulcast horseraces is

27  2.4 percent of the handle.  The tax shall be deposited into

28  the General Revenue Fund.

29         3.2.  Effective October 1, 1996, the tax on handle for

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

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

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  1  of which are greyhound permitholders, located in three

  2  contiguous counties, from any greyhound permitholder also

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

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

  5  games received from the same class of permitholder located

  6  within the same market area is 6 percent if the host facility

  7  is a greyhound permitholder and, if the host facility is a jai

  8  alai permitholder, the rate shall be 6.1 percent except that

  9  it shall be 2.3 percent on handle at such time as the total

10  tax on intertrack handle paid to the division by the

11  permitholder during the current state fiscal year exceeds the

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

13  permitholder during the 1992-1993 state fiscal year.

14         4.3.  Any guest track that imposes a surcharge on each

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

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

17  Any taxes so imposed shall be deposited into the General

18  Revenue Fund.

19         (5)  PAYMENT AND DISPOSITION OF FEES AND

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

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

22  division. The division shall deposit these sums with the

23  Treasurer, one-half being credited to the Pari-mutuel Wagering

24  Trust Fund, hereby established, and one-half being credited to

25  the General Revenue Fund. The permitholder shall remit to the

26  division payment for the daily license fee, the admission tax,

27  the tax on handle, and the breaks tax.  Such payments shall be

28  remitted by 3 p.m. Friday of each week for taxes and fees

29  imposed and collected for the preceding Sunday, Monday, and

30  Tuesday, and by 3 p.m. Wednesday of each week for taxes

31  imposed and collected for the preceding week ending on Sunday

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

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

  3  for all taxes remitted during the preceding calendar month.

  4  Such payments shall be accompanied by a report under oath

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

  6  activities for the preceding calendar month, and such other

  7  information as may be prescribed by the division.

  8         Section 2.  Paragraph (a) of subsection (3) of section

  9  550.09511, Florida Statutes, is amended to read:

10         550.09511  Jai alai taxes; abandoned interest in a

11  permit for nonpayment of taxes.--

12         (3)(a)  Notwithstanding the provisions of subsection

13  (2) and s. 550.0951(3)(c)2.1., any jai alai permitholder which

14  is restricted under Florida law from operating live

15  performances on a year-round basis is entitled to conduct

16  wagering on live performances at a tax rate of 3.85 percent of

17  live handle.  Such permitholder is also entitled to conduct

18  intertrack wagering as a host permitholder on live jai alai

19  games at its fronton at a tax rate of 3.3 percent of handle at

20  such time as the total tax on intertrack handle paid to the

21  division by the permitholder during the current state fiscal

22  year exceeds the total tax on intertrack handle paid to the

23  division by the permitholder during the 1992-1993 state fiscal

24  year.

25         Section 3.  Paragraph (a) of subsection (9) of section

26  550.6305, Florida Statutes, is amended to read:

27         550.6305  Intertrack wagering; guest track payments;

28  accounting rules.--

29         (9)  A host track that has contracted with an

30  out-of-state horse track to broadcast live races conducted at

31  such out-of-state horse track pursuant to s. 550.3551(5) may

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  1  broadcast such out-of-state races to any guest track and

  2  accept wagers thereon in the same manner as is provided in s.

  3  550.3551.

  4         (a)  For purposes of this section, "net proceeds" means

  5  the amount of takeout remaining after the payment of state

  6  taxes, purses required pursuant to s. 550.0951(3)(c)2.1., the

  7  cost to the permitholder required to be paid to the

  8  out-of-state horse track, breeders' awards paid to the Florida

  9  Thoroughbred Breeders' Association and the Florida

10  Standardbred Breeders and Owners Association, to be used as

11  set forth in s. 550.625(2)(a) and (b), and the deduction of

12  any amount retained pursuant to s. 550.615(11).

13         Section 4.  Paragraph (a) of subsection (2) of section

14  550.09515, Florida Statutes, is amended to read:

15         550.09515  Thoroughbred horse taxes; abandoned interest

16  in a permit for nonpayment of taxes.--

17         (2)

18         (a)  Notwithstanding the provisions of s.

19  550.0951(3)(a), the tax on handle for live thoroughbred

20  horserace horse performances shall be 0.20 percent subject to

21  the following:

22         1.  The tax on handle per performance for live

23  thoroughbred performances is 2.0 percent of handle for

24  performances conducted during the period beginning on January

25  3 and ending March 16; .20 percent of handle for performances

26  conducted during the period beginning March 17 and ending May

27  22; and 1.25 percent of handle for performances conducted

28  during the period beginning May 23 and ending January 2.

29         1.2.  If any thoroughbred permitholder conducts

30  performances during more than one time period or if

31  performances are conducted during more than one period at any

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  1  facility, the tax on handle per performance is double the sum

  2  of the tax percentages for the periods in which performances

  3  are being conducted, except:

  4         a.  Pursuant to s. 550.01215, two permitholders, by

  5  mutual written agreement, may agree to the operation by one of

  6  them in the other permitholder's tax period for up to 3 days,

  7  if the 3 days are either the first 3 days or the last 3 days

  8  of the racing period in which the permitholders intend to

  9  operate.

10         b.  If, on March 31 of any year, there is no

11  permitholder holding a license for operating any one of the

12  three race periods set forth in this section or if the

13  permitholder who is licensed to operate in any period fails to

14  operate for 10 consecutive days, a permitholder already

15  licensed to operate in another period may apply for and be

16  issued a license to operate the period in question, in

17  addition to the period already licensed.

18         c.  Two permitholders who operated in different periods

19  in the preceding fiscal year may, by mutual written agreement,

20  switch periods for the current racing season, even if it

21  results in either permitholder or the facility of a

22  permitholder being operated in two different periods.

23

24  However, any thoroughbred permitholder whose total handle on

25  live performances during the 1991-1992 state fiscal year was

26  not greater than $34 million is authorized to conduct live

27  performances at any time of the year and shall pay 0.5 percent

28  on live handle per performance.

29         2.3.  For the period beginning on April 1 and ending

30  May 23 during the state fiscal year 1992-1993, any

31  permitholder which has operated less than 51 racing days in

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  1  the last 18 months may operate said period and pay 1.25

  2  percent tax on live handle per performance.  In the event this

  3  provision takes effect after April 1, 1993, it shall be

  4  construed to apply retroactively from April 1, 1993, through

  5  May 23, 1993.

  6         3.4.  In the event any licenses have been issued to any

  7  thoroughbred permitholders for racing dates prior to April 26,

  8  1993, then, notwithstanding the provisions of s. 550.525(2),

  9  amendments may be filed to the racing dates up to May 1, 1993.

10         Section 5.  Subsection (4) of section 550.5251, Florida

11  Statutes, is amended to read:

12         550.5251  Florida thoroughbred racing; certain permits;

13  operating days.--

14         (4)  A thoroughbred racing permitholder may not begin

15  any race later than 7 p.m. However, Any thoroughbred

16  permitholder in a county in which the authority for cardrooms

17  has been approved by the board of county commissioners may

18  elect not to operate a cardroom when conducting live races

19  during its current race meet and instead to receive and

20  rebroadcast out-of-state races after the hour of 7 p.m. on any

21  day during the permitholder's licensed racing meet which the

22  permitholder conducts live races. However, such permitholder

23  may not engage in both operating a cardroom and receiving or

24  rebroadcasting out-of-state races after 7 p.m.  Permitholders

25  shall be required to elect between either operating a cardroom

26  or engaging in simulcasting after 7 p.m. at the time of

27  submitting its application for its annual license pursuant to

28  this section.

29         Section 6.  Section 550.73, Florida Statutes, is

30  created to read:

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  1         550.73  Breeders' Cup Meet; pools authorized;

  2  conflicts; taxes; credits; transmission of races; rules;

  3  application.--

  4         (1)  Notwithstanding any provision of this chapter to

  5  the contrary, there is hereby created a special thoroughbred

  6  race meet which shall be designated as the "Breeders' Cup

  7  Meet." The Breeders' Cup Meet shall be conducted at the

  8  facility of the Florida permitholder selected by Breeders' Cup

  9  Limited to conduct the Breeders' Cup Meet. The Breeders' Cup

10  Meet shall consist of 3 days: the day on which the Breeders'

11  Cup races are conducted, the preceding day, and the subsequent

12  day. Upon the selection of the Florida permitholder as host

13  for the Breeders' Cup Meet and application by the selected

14  permitholder, the division shall issue a license to the

15  selected permitholder to operate the Breeders' Cup Meet.

16  Notwithstanding s. 550.09515(2)(a), the Breeders' Cup Meet may

17  be conducted on dates which the selected permitholder is not

18  otherwise authorized to conduct a race meet.

19         (2)  The permitholder conducting the Breeders' Cup Meet

20  is specifically authorized to create pari-mutuel pools during

21  the Breeders' Cup Meet by accepting pari-mutuel wagers on the

22  thoroughbred horse races run during said meet.

23         (3)  If the facility of the permitholder conducting the

24  Breeders' Cup Meet is located within 35 miles of any other

25  permitholders' facilities scheduled to host a thoroughbred

26  race meet on any of the 3 days of the Breeders' Cup Meet, then

27  operation on any of those 3 days by the other permitholders is

28  prohibited. As compensation for the loss of racing days caused

29  thereby, such operating permitholders shall receive a credit

30  against the taxes otherwise due and payable to the state under

31  ss. 550.0951 and 550.09515. This credit shall be in an amount

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  1  equal to the operating loss determined to have been suffered

  2  by the operating permitholders as a result of not operating on

  3  the prohibited racing days, but shall not exceed a total of

  4  $950,000. The determination of the amount to be credited shall

  5  be made by the division upon application by the operating

  6  permitholder. The tax credits provided in this subsection

  7  shall not be available unless an operating permitholder is

  8  required to close a bona fide meet consisting in part of no

  9  fewer than 10 scheduled performances in the 15 days

10  immediately preceding or 10 scheduled performances in the 15

11  days immediately following the Breeders' Cup Meet. Such tax

12  credit shall be in lieu of any other compensation or

13  consideration for the loss of racing days. There shall be no

14  replacement or makeup of any lost racing days.

15         (4)  Notwithstanding any provision of ss. 550.0951 and

16  550.09515, the permitholder conducting the Breeders' Cup Meet

17  shall pay no taxes on the handle included within the

18  pari-mutuel pools of said permitholders during the Breeders'

19  Cup Meet.

20         (5)  The permitholder conducting the Breeders' Cup Meet

21  shall receive a credit against the taxes otherwise due and

22  payable to the state under ss. 550.0951 and 550.09515

23  generated during said permitholder's next ensuing regular

24  thoroughbred race meet. This credit shall be in an amount not

25  to exceed $800,000 and shall be utilized by the permitholder

26  to pay the purses offered by the permitholder during the

27  Breeders' Cup Meet in excess of the purses which the

28  permitholder is otherwise required by law to pay. The amount

29  to be credited shall be determined by the division upon

30  application of the permitholder which is subject to audit by

31  the division.

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  1         (6)  The permitholder conducting the Breeders' Cup Meet

  2  shall receive a credit against the taxes otherwise due and

  3  payable to the state under ss. 550.0951 and 550.09515

  4  generated during said permitholder's next ensuing regular

  5  thoroughbred race meet. This credit shall be in an amount not

  6  to exceed $950,000 and shall be utilized by the permitholder

  7  for such capital improvements and extraordinary expenses as

  8  may be necessary for operation of the Breeders' Cup Meet. the

  9  amount to be credited shall be determined by the division upon

10  application of the permitholder, which is subject to audit by

11  the division.

12         (7)  The permitholder conducting the Breeders' Cup Meet

13  shall be exempt from the payment of purses and other payments

14  to horsemen on all on-track, intertrack, interstate, and

15  international wagers or rights fees or payments arising

16  therefrom for all races for which the purse is paid or

17  supplied by Breeders' Cup Limited. The permitholder conducting

18  the Breeders' Cup Meet shall not, however, be exempt from

19  breeders' awards payments for on-track and intertrack wagers

20  as provided in ss. 550.2625(3) and 550.625(2)(a) for races in

21  which the purse is paid or supplied by Breeders' Cup Limited.

22         (8)(a)  Pursuant to s. 550.3551(2), the permitholder

23  conducting the Breeders' Cup Meet is authorized to transmit

24  broadcasts of the races conducted during the Breeders' Cup

25  Meet to locations outside of this state for wagering purposes.

26  The division may approve broadcasts to pari-mutuel

27  permitholders and other betting systems authorized under the

28  laws of any other state or country. Wagers accepted by any

29  out-of-state pari-mutuel permitholder or betting system on any

30  races broadcast under this section may be, but are not

31  required to be, commingled with the pari-mutuel pools of the

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  1  permitholder conducting the Breeders' Cup Meet. The

  2  calculation of any payoff on national pari-mutuel pools with

  3  commingled wagers may be performed by the permitholder's

  4  totalisator contractor at a location outside of this state.

  5  Pool amounts from wagers placed at pari-mutuel facilities or

  6  other betting systems in foreign countries before being

  7  commingled with the pari-mutuel pool of the Florida

  8  permitholder conducting the Breeders' Cup Meet shall be

  9  calculated by the totalisator contractor and transferred to

10  the commingled pool in United States currency in cycles

11  customarily used by the permitholder. Pool amounts from wagers

12  placed at any foreign pari-mutuel facility or other betting

13  system shall not be commingled with a Florida pool until a

14  determination is made by the division that the technology

15  utilized by the totalisator contractor is adequate to assure

16  commingled pools will result in the calculation of accurate

17  payoffs to Florida bettors. Any totalisator contractor at a

18  location outside of this state shall comply with the

19  provisions of s. 550.495 relating to totalisator licensing.

20         (b)  The permitholder conducting the Breeders' Cup Meet

21  is authorized to transmit broadcasts of the races conducted

22  during the Breeders' Cup Meet to other pari-mutuel facilities

23  located in this state for wagering purposes; however, the

24  permitholder conducting the Breeders' Cup Meet shall not be

25  required to transmit broadcasts to any pari-mutuel facility

26  located within 25 miles of the facility at which the Breeders'

27  Cup Meet is conducted. Wagers accepted by all pari-mutuel

28  facilities located in the state on any races broadcast under

29  this section shall be included in the pari-mutuel pools of the

30  permitholder conducting the Breeders' Cup Meet.

31

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  1         (9)  The exemption from the tax credits provided in

  2  subsections (5) and (6) shall not be granted and shall not be

  3  claimed by the permitholder until an audit is completed by the

  4  division. The division is required to complete the audit

  5  within 30 days after receipt of the necessary documentation

  6  from the permitholder to verify the permitholder's claim for

  7  tax credits. If the documentation submitted by the

  8  permitholder is incomplete or is insufficient to document the

  9  permitholder's claim for tax credits, the division may request

10  such additional documentation as is necessary to complete the

11  audit. Upon receipt of the division's written request for

12  additional documentation, the 30-day time limitation will

13  commence anew.

14         (10)  The division is authorized to adopt such rules as

15  are necessary to facilitate the conduct of the Breeders' Cup

16  Meet as authorized in this section. Included within this grant

17  of authority shall be the adoption or waiver of rules

18  regarding the overall conduct of racing during the Breeders'

19  Cup Meet in such a manner so as to ensure the integrity of the

20  races, licensing for all participants, special stabling and

21  training requirements for foreign horses, commingling of

22  pari-mutuel pools, and audit requirements for tax credits and

23  other benefits.

24         (11)  Any dispute between the division and any

25  permitholder regarding the tax credits authorized under

26  subsection (3), subsection (5), or subsection (6) shall be

27  determined by a hearing officer of the Division of

28  Administrative Hearings under the provisions of s. 120.57(1).

29         (12)  The provisions of this section shall prevail over

30  any conflicting provisions of this chapter.

31

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  1         Section 7.  Section 550.74, Florida Statutes, is

  2  created to read:

  3         550.74  Admissions and sales tax.--No tax shall be

  4  levied on programs, parking, or admissions under this chapter

  5  or chapter 212 for pari-mutuel events licensed and conducted

  6  pursuant to this chapter.

  7         Section 8.  Section 550.26352, Florida Statutes, is

  8  repealed.

  9         Section 9.  (1)  The division, on behalf of the state,

10  is authorized to enter into a contract to purchase that

11  portion of Hialeah Park Race Track located in the City of

12  Hialeah, which is currently owned by Hialeah, Inc., for a sum

13  not to exceed $30,650,000 for the property and a fixed sum of

14  $2 million for the thoroughbred racing permit, as was

15  recommended by that certain Final Report of Findings and

16  Recommendations prepared in response to the Request for

17  Proposal No. 973-740-07-99-01 issued by the Department of

18  State as required by s. 550.72, Florida Statutes.

19         (2)  In order to determine an appropriate purchase

20  price, the division shall review the appraisal prepared by

21  Quinlivan Appraisal, P.A., dated November 17, 1998, of Hialeah

22  Park Race Track.

23         (3)  The division is authorized to tender an offer

24  equal to the fair market value of the property which

25  determination shall utilize the appraisal performed by

26  Quinlivan Appraisal, P.A., and any supplemental appraisal

27  prepared at the request of the division.

28         (4)  The division shall negotiate a purchase price and

29  tender an offer and contract to Hialeah, Inc., for the

30  purchase of the property and the thoroughbred racing permit no

31  later than September 30, 2000. Hialeah, Inc., shall have until

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  1  February 1, 2001, to accept such offer and execute said

  2  contract, or such offer and contract shall be void.

  3         (5)  Any contract executed between the division and

  4  Hialeah, Inc., shall be subject to the availability of

  5  appropriated funds.

  6         (6)  The term "division," for the purposes of this

  7  section, means the Department of Environmental Protection,

  8  Division of State Lands.

  9         Section 10.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                          HOUSE SUMMARY

14
      Provides that the tax on handle for an intertrack wager
15    is 2.4 percent of the handle if the host track is a horse
      track and is 2.0 percent of the handle if both the host
16    track and the guest track are thoroughbred permitholders.
      Provides that the payment for admission tax, tax on
17    handle, and the breaks tax shall be remitted by 3 p.m.
      Wednesday of each week for taxes imposed and collected
18    for the preceding week ending on Sunday. Provides that
      the tax on handle for live thoroughbred horserace
19    performances shall be 0.20 percent. Provides that any
      thoroughbred permitholder may elect to receive and
20    rebroadcast out-of-state races after the hour of 7 p.m.
      on any day during its licensed race meet. Provides for
21    the Breeders' Cup Meet. See bill for details.

22

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