| 1 | Representative Young offered the following: | 
| 2 | 
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| 3 | Amendment (with title amendment) | 
| 4 | Remove lines 146-199 and insert: | 
| 5 | Section 4.  Subsection (1) of section 550.0951, Florida | 
| 6 | Statutes, is amended to read: | 
| 7 | 550.0951  Payment of daily license fee and taxes; | 
| 8 | penalties.- | 
| 9 | (1) (a)DAILY LICENSE FEE.-Each person engaged in the | 
| 10 | business of conducting race meetings or jai alai games under | 
| 11 | this chapter, hereinafter referred to as the "permitholder," | 
| 12 | "licensee," or "permittee," shall pay to the division, for the | 
| 13 | use of the division, a daily license fee on each live or | 
| 14 | simulcast pari-mutuel event of $100 for each horserace and $80 | 
| 15 | for each dograce and $40 for each jai alai game conducted at a | 
| 16 | racetrack or fronton licensed under this chapter. In addition to | 
| 17 | the tax exemption specified in s. 550.09514(1) of $360,000 or | 
| 18 | $500,000 per greyhound permitholder per state fiscal year, each | 
| 19 | greyhound permitholder shall receive in the current state fiscal | 
| 20 | year a tax credit equal to the number of live greyhound races | 
| 21 | conducted in the previous state fiscal year times the daily | 
| 22 | license fee specified for each dograce in this subsection | 
| 23 | applicable for the previous state fiscal year. This tax credit | 
| 24 | and the exemption in s. 550.09514(1) shall be applicable to any | 
| 25 | tax imposed by this chapter or the daily license fees imposed by | 
| 26 | this chapter except during any charity or scholarship | 
| 27 | performances conducted pursuant to s. 550.0351. Each | 
| 28 | permitholder shall pay daily license fees not to exceed $500 per | 
| 29 | day on any simulcast races or games on which such permitholder | 
| 30 | accepts wagers regardless of the number of out-of-state events | 
| 31 | taken or the number of out-of-state locations from which such | 
| 32 | events are taken. This license fee shall be deposited with the | 
| 33 | Chief Financial Officer to the credit of the Pari-mutuel | 
| 34 | Wagering Trust Fund. | 
| 35 | (b)  Each permitholder that cannot utilize the full amount  | 
| 36 | of the exemption of $360,000 or $500,000 provided in s.  | 
| 37 | 550.09514(1) or the daily license fee credit provided in this  | 
| 38 | section may, after notifying the division in writing, elect once  | 
| 39 | per state fiscal year on a form provided by the division, to  | 
| 40 | transfer such exemption or credit or any portion thereof to any  | 
| 41 | greyhound permitholder which acts as a host track to such  | 
| 42 | permitholder for the purpose of intertrack wagering. Once an  | 
| 43 | election to transfer such exemption or credit is filed with the  | 
| 44 | division, it shall not be rescinded. The division shall  | 
| 45 | disapprove the transfer when the amount of the exemption or  | 
| 46 | credit or portion thereof is unavailable to the transferring  | 
| 47 | permitholder or when the permitholder who is entitled to  | 
| 48 | transfer the exemption or credit or who is entitled to receive  | 
| 49 | the exemption or credit owes taxes to the state pursuant to a  | 
| 50 | deficiency letter or administrative complaint issued by the  | 
| 51 | division. Upon approval of the transfer by the division, the  | 
| 52 | transferred tax exemption or credit shall be effective for the  | 
| 53 | first performance of the next payment period as specified in  | 
| 54 | subsection (5). The exemption or credit transferred to such host  | 
| 55 | track may be applied by such host track against any taxes  | 
| 56 | imposed by this chapter or daily license fees imposed by this  | 
| 57 | chapter. The greyhound permitholder host track to which such  | 
| 58 | exemption or credit is transferred shall reimburse such  | 
| 59 | permitholder the exact monetary value of such transferred  | 
| 60 | exemption or credit as actually applied against the taxes and  | 
| 61 | daily license fees of the host track. The division shall ensure  | 
| 62 | that all transfers of exemption or credit are made in accordance  | 
| 63 | with this subsection and shall have the authority to adopt rules  | 
| 64 | to ensure the implementation of this section. | 
| 65 | Section 5.  Subsection (1) and paragraphs (b), (c), and (e) | 
| 66 | of subsection (2) of section 550.09514, Florida Statutes, are | 
| 67 | amended to read: | 
| 68 | 550.09514  Greyhound dogracing taxes; purse requirements.- | 
| 69 | (1)(a)  Wagering on greyhound racing is subject to a tax on | 
| 70 | handle for live greyhound racing as specified in s. 550.0951(3). | 
| 71 | However, each permitholder shall pay no tax on handle until such | 
| 72 | time as this subsection has resulted in a tax savings per state | 
| 73 | fiscal year of $360,000. Thereafter, each permitholder shall pay | 
| 74 | the tax as specified in s. 550.0951(3) on all handle for the | 
| 75 | remainder of the permitholder's current race meet. For the three | 
| 76 | permitholders that conducted a full schedule of live racing in | 
| 77 | 1995, and are closest to another state that authorizes greyhound | 
| 78 | pari-mutuel wagering, the maximum tax savings per state fiscal | 
| 79 | year shall be $500,000. The provisions of this subsection | 
| 80 | relating to tax exemptions shall not apply to any charity or | 
| 81 | scholarship performances conducted pursuant to s. 550.0351. | 
| 82 | (b)  Each permitholder licensed to conduct at least 100 | 
| 83 | live performances of at least eight races during a fiscal year | 
| 84 | who cannot use the full amount of the exemption of $360,000 or | 
| 85 | $500,000 provided in paragraph (a) or the daily license fee | 
| 86 | credit provided in s. 550.0951(1) may, at any time after | 
| 87 | notifying the division in writing on a form provided by the | 
| 88 | division, transfer such exemption or credit or any portion | 
| 89 | thereof to any greyhound permitholder that acts as a host track | 
| 90 | to such permitholder for the purpose of intertrack wagering. | 
| 91 | Once an election to transfer such exemption or credit is filed | 
| 92 | with the division, it may not be rescinded. The division shall | 
| 93 | disapprove the transfer when the amount of the exemption or | 
| 94 | credit or portion thereof is unavailable to the transferring | 
| 95 | permitholder for any reason, including being unavailable because | 
| 96 | the transferring permitholder is not licensed to conduct at | 
| 97 | least 100 live performances of at least eight races during the | 
| 98 | fiscal year, or when the permitholder who is entitled to | 
| 99 | transfer the exemption or credit or who is entitled to receive | 
| 100 | the exemption or credit owes taxes to the state pursuant to a | 
| 101 | deficiency letter or administrative complaint issued by the | 
| 102 | division. The greyhound permitholder host track to which such | 
| 103 | exemption or credit is transferred shall reimburse such | 
| 104 | permitholder the exact monetary value of such transferred | 
| 105 | exemption or credit as actually applied against the taxes and | 
| 106 | daily license fees of the host track. | 
| 107 | (c)  Each permitholder who is not licensed to conduct at | 
| 108 | least 100 live performances of at least eight races during a | 
| 109 | fiscal year forfeits the exemption of $360,000 or $500,000 | 
| 110 | provided in paragraph (a). Annually, the division shall pool | 
| 111 | such forfeited exemptions from permitholders who conducted live | 
| 112 | racing during fiscal year 2010-2011. Each greyhound permitholder | 
| 113 | who is licensed to conduct at least 100 live performances of at | 
| 114 | least eight races during the fiscal year is entitled to an | 
| 115 | additional tax credit in an amount equal to the product of the | 
| 116 | respective permitholder's percentage share of live and | 
| 117 | intertrack wagering handle under s. 550.0951(3) during the | 
| 118 | previous fiscal year and 72 percent of the total value of tax | 
| 119 | credits available in the pool for fiscal year 2011-2012, or 62 | 
| 120 | percent of the total value of tax credits available in the pool | 
| 121 | for fiscal years after fiscal year 2011-2012. | 
| 122 | (d)  Upon approval of a transfer under paragraph (b) or | 
| 123 | additional credit under paragraph (c) by the division, the tax | 
| 124 | exemption or credit shall be effective for the first performance | 
| 125 | of the next payment period as specified in s. 550.0951(5). | 
| 126 | (e)  Exemptions or credits issued or transferred pursuant | 
| 127 | to this subsection may be applied against any taxes imposed by | 
| 128 | this chapter or daily license fees imposed by this chapter, | 
| 129 | except during any charity or scholarship performances conducted | 
| 130 | pursuant to s. 550.0351. No credit or exemption authorized under | 
| 131 | this section or s. 550.0951 shall carry forward to subsequent | 
| 132 | fiscal years. The division shall ensure that all transfers of | 
| 133 | exemptions or credits are made in accordance with this | 
| 134 | subsection and shall have the authority to adopt rules to ensure | 
| 135 | the implementation of this section. | 
| 136 | 
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| 137 | ----------------------------------------------------- | 
| 138 | T I T L E  A M E N D M E N T | 
| 139 | Remove lines 12-17 and insert: | 
| 140 | qualify for certain tax credits; amending s. 550.0951, F.S.; | 
| 141 | deleting provisions relating to transfer of certain unused | 
| 142 | exemptions or credits; amending s. 550.09514, F.S.; providing | 
| 143 | for transfer of certain unused exemptions or credits; revising | 
| 144 | purse requirements for greyhound racing and |