Amendment
Bill No. CS/CS/CS/HB 1145
Amendment No. 664879
CHAMBER ACTION
Senate House
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1Representative Young offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 146-199 and insert:
5     Section 4.  Subsection (1) of section 550.0951, Florida
6Statutes, is amended to read:
7     550.0951  Payment of daily license fee and taxes;
8penalties.-
9     (1)(a)  DAILY LICENSE FEE.-Each person engaged in the
10business of conducting race meetings or jai alai games under
11this chapter, hereinafter referred to as the "permitholder,"
12"licensee," or "permittee," shall pay to the division, for the
13use of the division, a daily license fee on each live or
14simulcast pari-mutuel event of $100 for each horserace and $80
15for each dograce and $40 for each jai alai game conducted at a
16racetrack or fronton licensed under this chapter. In addition to
17the tax exemption specified in s. 550.09514(1) of $360,000 or
18$500,000 per greyhound permitholder per state fiscal year, each
19greyhound permitholder shall receive in the current state fiscal
20year a tax credit equal to the number of live greyhound races
21conducted in the previous state fiscal year times the daily
22license fee specified for each dograce in this subsection
23applicable for the previous state fiscal year. This tax credit
24and the exemption in s. 550.09514(1) shall be applicable to any
25tax imposed by this chapter or the daily license fees imposed by
26this chapter except during any charity or scholarship
27performances conducted pursuant to s. 550.0351. Each
28permitholder shall pay daily license fees not to exceed $500 per
29day on any simulcast races or games on which such permitholder
30accepts wagers regardless of the number of out-of-state events
31taken or the number of out-of-state locations from which such
32events are taken. This license fee shall be deposited with the
33Chief Financial Officer to the credit of the Pari-mutuel
34Wagering Trust Fund.
35     (b)  Each permitholder that cannot utilize the full amount
36of the exemption of $360,000 or $500,000 provided in s.
37550.09514(1) or the daily license fee credit provided in this
38section may, after notifying the division in writing, elect once
39per state fiscal year on a form provided by the division, to
40transfer such exemption or credit or any portion thereof to any
41greyhound permitholder which acts as a host track to such
42permitholder for the purpose of intertrack wagering. Once an
43election to transfer such exemption or credit is filed with the
44division, it shall not be rescinded. The division shall
45disapprove the transfer when the amount of the exemption or
46credit or portion thereof is unavailable to the transferring
47permitholder or when the permitholder who is entitled to
48transfer the exemption or credit or who is entitled to receive
49the exemption or credit owes taxes to the state pursuant to a
50deficiency letter or administrative complaint issued by the
51division. Upon approval of the transfer by the division, the
52transferred tax exemption or credit shall be effective for the
53first performance of the next payment period as specified in
54subsection (5). The exemption or credit transferred to such host
55track may be applied by such host track against any taxes
56imposed by this chapter or daily license fees imposed by this
57chapter. The greyhound permitholder host track to which such
58exemption or credit is transferred shall reimburse such
59permitholder the exact monetary value of such transferred
60exemption or credit as actually applied against the taxes and
61daily license fees of the host track. The division shall ensure
62that all transfers of exemption or credit are made in accordance
63with this subsection and shall have the authority to adopt rules
64to ensure the implementation of this section.
65     Section 5.  Subsection (1) and paragraphs (b), (c), and (e)
66of subsection (2) of section 550.09514, Florida Statutes, are
67amended to read:
68     550.09514  Greyhound dogracing taxes; purse requirements.-
69     (1)(a)  Wagering on greyhound racing is subject to a tax on
70handle for live greyhound racing as specified in s. 550.0951(3).
71However, each permitholder shall pay no tax on handle until such
72time as this subsection has resulted in a tax savings per state
73fiscal year of $360,000. Thereafter, each permitholder shall pay
74the tax as specified in s. 550.0951(3) on all handle for the
75remainder of the permitholder's current race meet. For the three
76permitholders that conducted a full schedule of live racing in
771995, and are closest to another state that authorizes greyhound
78pari-mutuel wagering, the maximum tax savings per state fiscal
79year shall be $500,000. The provisions of this subsection
80relating to tax exemptions shall not apply to any charity or
81scholarship performances conducted pursuant to s. 550.0351.
82     (b)  Each permitholder licensed to conduct at least 100
83live performances of at least eight races during a fiscal year
84who cannot use the full amount of the exemption of $360,000 or
85$500,000 provided in paragraph (a) or the daily license fee
86credit provided in s. 550.0951(1) may, at any time after
87notifying the division in writing on a form provided by the
88division, transfer such exemption or credit or any portion
89thereof to any greyhound permitholder that acts as a host track
90to such permitholder for the purpose of intertrack wagering.
91Once an election to transfer such exemption or credit is filed
92with the division, it may not be rescinded. The division shall
93disapprove the transfer when the amount of the exemption or
94credit or portion thereof is unavailable to the transferring
95permitholder for any reason, including being unavailable because
96the transferring permitholder is not licensed to conduct at
97least 100 live performances of at least eight races during the
98fiscal year, or when the permitholder who is entitled to
99transfer the exemption or credit or who is entitled to receive
100the exemption or credit owes taxes to the state pursuant to a
101deficiency letter or administrative complaint issued by the
102division. The greyhound permitholder host track to which such
103exemption or credit is transferred shall reimburse such
104permitholder the exact monetary value of such transferred
105exemption or credit as actually applied against the taxes and
106daily license fees of the host track.
107     (c)  Each permitholder who is not licensed to conduct at
108least 100 live performances of at least eight races during a
109fiscal year forfeits the exemption of $360,000 or $500,000
110provided in paragraph (a). Annually, the division shall pool
111such forfeited exemptions from permitholders who conducted live
112racing during fiscal year 2010-2011. Each greyhound permitholder
113who is licensed to conduct at least 100 live performances of at
114least eight races during the fiscal year is entitled to an
115additional tax credit in an amount equal to the product of the
116respective permitholder's percentage share of live and
117intertrack wagering handle under s. 550.0951(3) during the
118previous fiscal year and 72 percent of the total value of tax
119credits available in the pool for fiscal year 2011-2012, or 62
120percent of the total value of tax credits available in the pool
121for fiscal years after fiscal year 2011-2012.
122     (d)  Upon approval of a transfer under paragraph (b) or
123additional credit under paragraph (c) by the division, the tax
124exemption or credit shall be effective for the first performance
125of the next payment period as specified in s. 550.0951(5).
126     (e)  Exemptions or credits issued or transferred pursuant
127to this subsection may be applied against any taxes imposed by
128this chapter or daily license fees imposed by this chapter,
129except during any charity or scholarship performances conducted
130pursuant to s. 550.0351. No credit or exemption authorized under
131this section or s. 550.0951 shall carry forward to subsequent
132fiscal years. The division shall ensure that all transfers of
133exemptions or credits are made in accordance with this
134subsection and shall have the authority to adopt rules to ensure
135the implementation of this section.
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T I T L E  A M E N D M E N T
139     Remove lines 12-17 and insert:
140qualify for certain tax credits; amending s. 550.0951, F.S.;
141deleting provisions relating to transfer of certain unused
142exemptions or credits; amending s. 550.09514, F.S.; providing
143for transfer of certain unused exemptions or credits; revising
144purse requirements for greyhound racing and


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