| 1 | Representative Seiler offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 27 and 28, insert: |
| 5 |
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| 6 | Section 1. Subsections (2) and (3) of section 551.106, |
| 7 | Florida 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 |
| 11 | shall be 35 50 percent. |
| 12 | (b) Beginning July 1, 2008, if the slot machine tax |
| 13 | revenues under paragraph (a) from a facility which operated for |
| 14 | any portion of the 2007-2008 state fiscal year does not meet or |
| 15 | exceed that facility's estimated tax remittance for the 2008- |
| 16 | 2009 fiscal year, as determined by reference to the February |
| 17 | 2008 Revenue Estimating Conference's estimate of tax remittances |
| 18 | for each such licensee for the 2008-2009 fiscal year, and the |
| 19 | total remittances for all such licensees falls short of a |
| 20 | cumulative amount of $122 million from the slot machine |
| 21 | licensees in each state fiscal year, an additional amount shall |
| 22 | be paid by each slot machine licensee that conducted slot |
| 23 | machine gaming in such year which is sufficient to make the |
| 24 | total tax under paragraph (a) and this paragraph equal to that |
| 25 | facility's estimated tax remittance for the 2008-2009 fiscal |
| 26 | year. The additional amount to be paid by any licensee shall be |
| 27 | offset in the amount by which any other licensee's remittance |
| 28 | for the state fiscal year is in excess of its estimated |
| 29 | remittance amount for that state fiscal year. If more than one |
| 30 | licensee has a shortfall and any licensee has an excess, such |
| 31 | excess amount shall be shared proportionally among those |
| 32 | licensees having a shortfall based upon each such licensee's pro |
| 33 | rata share of the total shortfall in taxes paid on slot machine |
| 34 | revenues in such year pursuant to paragraph (a). However, a |
| 35 | licensee is not required to pay taxes due for a state fiscal |
| 36 | year under paragraph (a) or this paragraph in an amount greater |
| 37 | than 50 percent of its slot machine revenues. This paragraph |
| 38 | expires July 1, 2012. |
| 39 | (c) Beginning July 1, 2008, each slot machine licensee |
| 40 | other than those licensees that are subject to paragraph (b) |
| 41 | shall pay a tax on slot machine revenues equal to the greater of |
| 42 | 35 percent of slot machine revenues or $41 million in cumulative |
| 43 | slot machine tax revenue in each state fiscal year. For |
| 44 | licensees operating less than an entire fiscal year, the $41- |
| 45 | million amount shall be prorated based on the number of days of |
| 46 | operation. However, a licensee is not required to pay taxes due |
| 47 | for a state fiscal year under paragraph (a) and this paragraph |
| 48 | in an amount greater than 50 percent of its slot machine |
| 49 | revenues. This paragraph expires July 1, 2012. |
| 50 | (d)1.a. If the tribal-state compact between the Seminole |
| 51 | Tribe of Florida and the State of Florida which authorizes Class |
| 52 | III gaming is upheld by the Supreme Court of Florida in the case |
| 53 | of Florida House of Representatives, et al. v. Hon. Charles J. |
| 54 | Crist, Jr., etc., Case No. SC07-2154 in a final judgment on the |
| 55 | validity of the tribal-state compact or is ratified by the |
| 56 | Legislature, and the Class III gaming, other than slot machine |
| 57 | gaming, is conducted under the provisions of the valid tribal- |
| 58 | state compact in Broward County or Miami-Dade County on any |
| 59 | Indian reservation, the tax rate under this section shall be 35 |
| 60 | percent, notwithstanding paragraphs (b) and (c). |
| 61 | b. If there is no valid tribal-state compact and if during |
| 62 | any state fiscal year Class III gaming, other than slot machine |
| 63 | gaming, is conducted by any Indian tribe in Broward County or |
| 64 | Miami-Dade County on any Indian reservation, for 6 months or |
| 65 | more during the same state fiscal year, then the tax rate under |
| 66 | this section shall be 35 percent during the same state fiscal |
| 67 | year and the provisions of paragraphs (b) and (c) shall not |
| 68 | apply. |
| 69 | 2. If the state authorizes video lottery terminals, |
| 70 | electronic gaming, or Class II or Class III gaming, as defined |
| 71 | by the Indian Gaming and Regulatory Act, at pari-mutuel |
| 72 | facilities in any county in this state, the tax rate shall be |
| 73 | the lesser of 35 percent or the tax rate established for such |
| 74 | pari-mutuel facilities, notwithstanding paragraphs (b) and (c). |
| 75 | (e)(b) The slot machine revenue tax imposed by this |
| 76 | section shall be paid to the division for deposit into the Pari- |
| 77 | mutuel Wagering Trust Fund for immediate transfer by the Chief |
| 78 | Financial Officer for deposit into the Educational Enhancement |
| 79 | Trust Fund of the Department of Education. Any interest earnings |
| 80 | on the tax revenues shall also be transferred to the Educational |
| 81 | Enhancement Trust Fund. |
| 82 | (f)(c)1. Funds transferred to the Educational Enhancement |
| 83 | Trust Fund under paragraph (e) (b) shall be used to supplement |
| 84 | public education funding statewide. |
| 85 | 2. If necessary to comply with any covenant established |
| 86 | pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3), |
| 87 | funds transferred to the Educational Enhancement Trust Fund |
| 88 | under paragraph (e) (b) shall first be available to pay debt |
| 89 | service on lottery bonds issued to fund school construction in |
| 90 | the event lottery revenues are insufficient for such purpose or |
| 91 | to satisfy debt service reserve requirements established in |
| 92 | connection with lottery bonds. Moneys available pursuant to this |
| 93 | subparagraph are subject to annual appropriation by the |
| 94 | Legislature. |
| 95 | (3) PAYMENT AND DISPOSITION OF TAXES.-- |
| 96 | (a) Payment for the tax on slot machine revenues imposed |
| 97 | by this section shall be paid to the division. The division |
| 98 | shall deposit these sums with the Chief Financial Officer, to |
| 99 | the credit of the Pari-mutuel Wagering Trust Fund. The slot |
| 100 | machine licensee shall remit to the division payment for the tax |
| 101 | on slot machine revenues. Such payments shall be remitted by 3 |
| 102 | p.m. on the 5th day of each calendar month Wednesday of each |
| 103 | week for taxes imposed and collected for the preceding calendar |
| 104 | month week ending on Sunday. If the 5th day of the calendar |
| 105 | month falls on a weekend or a state holiday, payments shall be |
| 106 | remitted by 3 p.m. on the first Monday following the weekend or |
| 107 | on the first Tuesday if the first Monday is a state holiday. |
| 108 | (b) Each licensee shall pay any amounts due as provided in |
| 109 | paragraph (2)(b) or paragraph (2)(c) on or before July 31 |
| 110 | immediately following the end of the fiscal year. |
| 111 | (c) The slot machine licensee shall file a report under |
| 112 | oath by the 5th day of each calendar month for all taxes |
| 113 | remitted during the preceding calendar month. Such payments |
| 114 | shall be accompanied by a report under oath showing all slot |
| 115 | machine gaming activities for the preceding calendar month and |
| 116 | such other information as may be prescribed by the division. |
| 117 | Section 2. Subsection (1) of section 551.114, Florida |
| 118 | Statutes, is amended to read: |
| 119 | 551.114 Slot machine gaming areas.-- |
| 120 | (1) A slot machine licensee may make available for play up |
| 121 | to 1,500 2,000 slot machines within the property of the |
| 122 | facilities of the slot machine licensee. |
| 123 | Section 3. Section 551.116, Florida Statutes, is amended |
| 124 | to read: |
| 125 | 551.116 Days and hours of operation.--Slot machine gaming |
| 126 | areas may be open daily throughout the year. The slot machine |
| 127 | gaming areas, including sales of alcoholic beverages, may be |
| 128 | open a cumulative amount of 18 hours per day on Monday through |
| 129 | Friday and 24 hours per day on Saturday and Sunday and on those |
| 130 | holidays specified in s. 110.117(1), and such hours of operation |
| 131 | are not subject to other regulation. |
| 132 |
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| 133 |
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| 134 | ----------------------------------------------------- |
| 135 | T I T L E A M E N D M E N T |
| 136 | Remove line 2 and insert: |
| 137 | An act relating to pari-mutuel facilities; amending s. 551.106, |
| 138 | F.S.; revising provisions for tax on revenue of slot machines; |
| 139 | revising the tax rate; providing for the tax rate if certain |
| 140 | conditions are met; amending s. 551.116, F.S.; revising |
| 141 | provisions limiting the hours of operation of slot machine |
| 142 | gaming areas; exempting such hours of operation from other |
| 143 | regulation; amending s. 551.114, F.S.; revising the number of |
| 144 | slot machines allowed within a gaming facility; amending s. |