Florida Senate - 2021                                     SB 394
       By Senator Brandes
       24-00734-21                                            2021394__
    1                        A bill to be entitled                      
    2         An act relating to taxes; creating s. 547.009, F.S.;
    3         providing a tax rate for certain revenues received
    4         from sports wagering; specifying requirements relating
    5         to the payment of taxes; providing administrative
    6         penalties; amending s. 24.121, F.S.; revising the
    7         purpose of the Operating Trust Fund of the Department
    8         of the Lottery; providing a contingent effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 547.009, Florida Statutes, is created to
   13  read:
   14         547.009Tax rate.—
   15         (1)The tax rate on the sums received from a sports pool,
   16  less only the total of all sums actually paid out as winnings to
   17  patrons, is 15 percent.
   18         (2)(a)Payment of the tax on sports wagering revenues
   19  imposed by this section shall be remitted to the department, and
   20  the department shall deposit all tax revenues into the Operating
   21  Trust Fund created under s. 24.120. Deposited funds shall be
   22  used for administrative expenses pursuant to s. 24.121(3) and
   23  any unencumbered funds must be transferred to the Educational
   24  Enhancement Trust Fund at the end of each fiscal year pursuant
   25  to s. 24.121(4).
   26         (b)Licensees shall remit the payments required under this
   27  subsection by 3 p.m. on the 5th day of each calendar month for
   28  taxes imposed and collected for the preceding calendar month. If
   29  the 5th day of the calendar month falls on a weekend, payments
   30  shall be remitted by 3 p.m. on the first Monday following the
   31  weekend. The licensee shall file a report under oath by the 5th
   32  day of each calendar month for all taxes remitted during the
   33  preceding calendar month. Such payments shall be accompanied by
   34  a report under oath showing all sports wagering activities for
   35  the preceding calendar month and such other information as may
   36  be prescribed by the department.
   37         (c)A licensee who fails to make tax payments as required
   38  under this section is subject to an administrative penalty of up
   39  to $10,000 for each day the tax payment is not remitted. All
   40  administrative penalties imposed and collected shall be
   41  deposited into the Operating Trust Fund. If any licensee fails
   42  to pay penalties imposed by order of the department under this
   43  subsection, the department may suspend, revoke, or refuse to
   44  renew the license of the licensee.
   45         Section 2. Subsection (3) of section 24.121, Florida
   46  Statutes, is amended to read:
   47         24.121 Allocation of revenues and expenditure of funds for
   48  public education.—
   49         (3) The funds remaining in the Operating Trust Fund after
   50  transfers to the Educational Enhancement Trust Fund shall be
   51  used for the payment of administrative expenses of the
   52  department. These expenses shall include all costs incurred in
   53  the operation and administration of sports wagering under
   54  chapter 547 and the lottery and all costs resulting from any
   55  contracts entered into for the purchase or lease of goods or
   56  services required by sports wagering or the lottery, including,
   57  but not limited to:
   58         (a) The compensation paid to retailers;
   59         (b) The costs of supplies, materials, tickets, independent
   60  audit services, independent studies, data transmission,
   61  advertising, promotion, incentives, public relations,
   62  communications, security, bonding for retailers, printing,
   63  distribution of tickets, and reimbursing other governmental
   64  entities for services provided to the lottery; and
   65         (c) The costs of any other goods and services necessary for
   66  effectuating the purposes of this act.
   67         Section 3. This act shall take effect on the same date that
   68  SB ___ or similar legislation takes effect, if such legislation
   69  is adopted in the same legislative session or an extension
   70  thereof and becomes a law.