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. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 547.009, Florida Statutes, is created to 13 read: 14 547.009 Tax 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.