Amendment
Bill No. CS/SB 604
Amendment No. 280535
CHAMBER ACTION
Senate House
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1Representative Seiler offered the following:
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3     Amendment (with title amendment)
4     Between lines 27 and 28, insert:
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6     Section 1.  Subsections (2) and (3) of section 551.106,
7Florida Statutes, are amended to read:
8     551.106  License fee; tax rate; penalties.--
9     (2)  TAX ON SLOT MACHINE REVENUES.--
10     (a)  The tax rate on slot machine revenues at each facility
11shall be 35 50 percent.
12     (b)  Beginning July 1, 2008, if the slot machine tax
13revenues under paragraph (a) from a facility which operated for
14any portion of the 2007-2008 state fiscal year does not meet or
15exceed that facility's estimated tax remittance for the 2008-
162009 fiscal year, as determined by reference to the February
172008 Revenue Estimating Conference's estimate of tax remittances
18for each such licensee for the 2008-2009 fiscal year, and the
19total remittances for all such licensees falls short of a
20cumulative amount of $122 million from the slot machine
21licensees in each state fiscal year, an additional amount shall
22be paid by each slot machine licensee that conducted slot
23machine gaming in such year which is sufficient to make the
24total tax under paragraph (a) and this paragraph equal to that
25facility's estimated tax remittance for the 2008-2009 fiscal
26year. The additional amount to be paid by any licensee shall be
27offset in the amount by which any other licensee's remittance
28for the state fiscal year is in excess of its estimated
29remittance amount for that state fiscal year. If more than one
30licensee has a shortfall and any licensee has an excess, such
31excess amount shall be shared proportionally among those
32licensees having a shortfall based upon each such licensee's pro
33rata share of the total shortfall in taxes paid on slot machine
34revenues in such year pursuant to paragraph (a). However, a
35licensee is not required to pay taxes due for a state fiscal
36year under paragraph (a) or this paragraph in an amount greater
37than 50 percent of its slot machine revenues. This paragraph
38expires July 1, 2012.
39     (c)  Beginning July 1, 2008, each slot machine licensee
40other than those licensees that are subject to paragraph (b)
41shall pay a tax on slot machine revenues equal to the greater of
4235 percent of slot machine revenues or $41 million in cumulative
43slot machine tax revenue in each state fiscal year. For
44licensees operating less than an entire fiscal year, the $41-
45million amount shall be prorated based on the number of days of
46operation. However, a licensee is not required to pay taxes due
47for a state fiscal year under paragraph (a) and this paragraph
48in an amount greater than 50 percent of its slot machine
49revenues. This paragraph expires July 1, 2012.
50     (d)1.a.  If the tribal-state compact between the Seminole
51Tribe of Florida and the State of Florida which authorizes Class
52III gaming is upheld by the Supreme Court of Florida in the case
53of Florida House of Representatives, et al. v. Hon. Charles J.
54Crist, Jr., etc., Case No. SC07-2154 in a final judgment on the
55validity of the tribal-state compact or is ratified by the
56Legislature, and the Class III gaming, other than slot machine
57gaming, is conducted under the provisions of the valid tribal-
58state compact in Broward County or Miami-Dade County on any
59Indian reservation, the tax rate under this section shall be 35
60percent, notwithstanding paragraphs (b) and (c).
61     b.  If there is no valid tribal-state compact and if during
62any state fiscal year Class III gaming, other than slot machine
63gaming, is conducted by any Indian tribe in Broward County or
64Miami-Dade County on any Indian reservation, for 6 months or
65more during the same state fiscal year, then the tax rate under
66this section shall be 35 percent during the same state fiscal
67year and the provisions of paragraphs (b) and (c) shall not
68apply.
69     2.  If the state authorizes video lottery terminals,
70electronic gaming, or Class II or Class III gaming, as defined
71by the Indian Gaming and Regulatory Act, at pari-mutuel
72facilities in any county in this state, the tax rate shall be
73the lesser of 35 percent or the tax rate established for such
74pari-mutuel facilities, notwithstanding paragraphs (b) and (c).
75     (e)(b)  The slot machine revenue tax imposed by this
76section shall be paid to the division for deposit into the Pari-
77mutuel Wagering Trust Fund for immediate transfer by the Chief
78Financial Officer for deposit into the Educational Enhancement
79Trust Fund of the Department of Education. Any interest earnings
80on the tax revenues shall also be transferred to the Educational
81Enhancement Trust Fund.
82     (f)(c)1.  Funds transferred to the Educational Enhancement
83Trust Fund under paragraph (e) (b) shall be used to supplement
84public education funding statewide.
85     2.  If necessary to comply with any covenant established
86pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
87funds transferred to the Educational Enhancement Trust Fund
88under paragraph (e) (b) shall first be available to pay debt
89service on lottery bonds issued to fund school construction in
90the event lottery revenues are insufficient for such purpose or
91to satisfy debt service reserve requirements established in
92connection with lottery bonds. Moneys available pursuant to this
93subparagraph are subject to annual appropriation by the
94Legislature.
95     (3)  PAYMENT AND DISPOSITION OF TAXES.--
96     (a)  Payment for the tax on slot machine revenues imposed
97by this section shall be paid to the division. The division
98shall deposit these sums with the Chief Financial Officer, to
99the credit of the Pari-mutuel Wagering Trust Fund. The slot
100machine licensee shall remit to the division payment for the tax
101on slot machine revenues. Such payments shall be remitted by 3
102p.m. on the 5th day of each calendar month Wednesday of each
103week for taxes imposed and collected for the preceding calendar
104month week ending on Sunday. If the 5th day of the calendar
105month falls on a weekend or a state holiday, payments shall be
106remitted by 3 p.m. on the first Monday following the weekend or
107on the first Tuesday if the first Monday is a state holiday.
108     (b)  Each licensee shall pay any amounts due as provided in
109paragraph (2)(b) or paragraph (2)(c) on or before July 31
110immediately following the end of the fiscal year.
111     (c)  The slot machine licensee shall file a report under
112oath by the 5th day of each calendar month for all taxes
113remitted during the preceding calendar month. Such payments
114shall be accompanied by a report under oath showing all slot
115machine gaming activities for the preceding calendar month and
116such other information as may be prescribed by the division.
117     Section 2.  Subsection (1) of section 551.114, Florida
118Statutes, is amended to read:
119     551.114  Slot machine gaming areas.--
120     (1)  A slot machine licensee may make available for play up
121to 1,500 2,000 slot machines within the property of the
122facilities of the slot machine licensee.
123     Section 3.  Section 551.116, Florida Statutes, is amended
124to read:
125     551.116  Days and hours of operation.--Slot machine gaming
126areas may be open daily throughout the year. The slot machine
127gaming areas, including sales of alcoholic beverages, may be
128open a cumulative amount of 18 hours per day on Monday through
129Friday and 24 hours per day on Saturday and Sunday and on those
130holidays specified in s. 110.117(1), and such hours of operation
131are not subject to other regulation.
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T I T L E  A M E N D M E N T
136     Remove line 2 and insert:
137An act relating to pari-mutuel facilities; amending s. 551.106,
138F.S.; revising provisions for tax on revenue of slot machines;
139revising the tax rate; providing for the tax rate if certain
140conditions are met; amending s. 551.116, F.S.; revising
141provisions limiting the hours of operation of slot machine
142gaming areas; exempting such hours of operation from other
143regulation; amending s. 551.114, F.S.; revising the number of
144slot machines allowed within a gaming facility; amending s.


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