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House Bill 3353

Florida House of Representatives - 1998 HB 3353 By Representative Mackey 1 A bill to be entitled 2 An act relating to pari-mutuel wagering; 3 amending s. 550.0951, F.S.; revising language 4 with respect to the tax on handle for 5 intertrack wagering; amending s. 550.09514, 6 F.S.; providing a formula for the distribution 7 of a purse supplement; requiring greyhound 8 permitholders to supply kennel operators with a 9 weekly report; requiring greyhound 10 permitholders to make direct payment of purses 11 to greyhound owners based on certain amounts; 12 directing the Division of Pari-mutuel Wagering 13 to design and distribute weekly purse sheets; 14 providing for required information; amending s. 15 550.6305, F.S.; providing for the payment of a 16 certain portion of payments made on intertrack 17 wagering as purses for greyhound permitholders; 18 providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Effective July 1, 2000, paragraph (c) of 23 subsection (3) of section 550.0951, Florida Statutes, as 24 amended by chapter 96-364, Laws of Florida, is amended to 25 read: 26 550.0951 Payment of daily license fee and taxes.-- 27 (3) TAX ON HANDLE.--Each permitholder shall pay a tax 28 on contributions to pari-mutuel pools, the aggregate of which 29 is hereinafter referred to as "handle," on races or games 30 conducted by the permitholder. The tax is imposed daily and is 31 based on the total contributions to all pari-mutuel pools 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3353 59-334-98 1 conducted during the daily performance. If a permitholder 2 conducts more than one performance daily, the tax is imposed 3 on each performance separately. 4 (c)1. The tax on handle for intertrack wagering is 3.3 5 percent of the handle if the host track is a horse track, 7.6 6 percent if the host track is a dog track, and 7.1 percent if 7 the host track is a jai alai fronton. The tax on handle for 8 intertrack wagering on rebroadcasts of simulcast horseraces is 9 2.4 percent of the handle. The tax shall be deposited into 10 the General Revenue Fund. 11 2. Effective October 1, 1996, the tax on handle for 12 intertrack wagers accepted by any dog track located in an area 13 of the state in which there are only three permitholders, all 14 of which are greyhound permitholders, located in three 15 contiguous counties, from any greyhound permitholder also 16 located within such area or any dog track or jai alai fronton 17 located as specified in s. 550.615(6) or (8), on races or 18 games received from the same class of permitholder located 19 within the same market area is 6 percent if the host facility 20 is a greyhound permitholder and, if the host facility is a jai 21 alai permitholder, the rate shall be 6.1 percent except that 22 it shall be 2.3 percent on handle at such time as the total 23 tax on intertrack handle paid to the division by the 24 permitholder during the current state fiscal year exceeds the 25 total tax on intertrack handle paid to the division by the 26 permitholder during the 1992-1993 state fiscal year. 27 2.3. Any guest track that imposes a surcharge on each 28 winning ticket cashed pursuant to s. 550.6335 shall pay an 29 additional tax equal to 5 percent of the surcharge so imposed. 30 Any taxes so imposed shall be deposited into the General 31 Revenue Fund. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3353 59-334-98 1 Section 2. Paragraphs (b) and (c) of subsection (2) of 2 section 550.09514, Florida Statutes, are amended, and 3 paragraphs (e) and (f) are added to subsection (2) of said 4 section, to read: 5 550.09514 Greyhound dogracing taxes; purse 6 requirements.-- 7 (2) 8 (b)1. Except as otherwise provided herein, in addition 9 to the minimum purse percentage required by paragraph (a), 10 each permitholder shall pay as purses, for fiscal year 11 1996-1997, an amount equal to 75 percent of the permitholder's 12 tax credit pursuant to s. 550.0951(1). 13 2. Except as otherwise set forth herein, in addition 14 to the minimum purse percentage required by paragraph (a), 15 beginning July 1, 1997, each permitholder shall pay as purses 16 an amount equal to 75 percent of the daily license fees paid 17 by each permitholder for the 1994-1995 fiscal year. This purse 18 supplement shall be disbursed weekly and determined by 19 dividing the purse supplement by the number of performances 20 requested for the current race meet and multiplied by the 21 amount of performances raced each week. For the greyhound 22 permitholders in the county where there are two greyhound 23 permitholders located as specified in s. 550.615(6), such 24 permitholders shall pay in the aggregate an amount equal to 75 25 percent of the daily license fees paid by such permitholders 26 for the 1994-1995 fiscal year. These permitholders shall be 27 jointly and severally liable for such purse payments. 28 29 The additional purses provided by this paragraph must be used 30 exclusively for purses other than stakes. The division shall 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3353 59-334-98 1 conduct audits necessary to ensure compliance with this 2 section. 3 (c) The division shall require sufficient 4 documentation from each greyhound permitholder regarding 5 purses paid on live racing and greyhound intertrack and 6 simulcast broadcasts to assure that the annual purse 7 percentage rates paid by each permitholder on the intertrack 8 or simulcast broadcasts are not reduced below those paid 9 during the 1993-1994 state fiscal year. In addition, each 10 greyhound permitholder when conducting at least three live 11 performances during any week live races shall pay purses on 12 wagers it accepts as a guest track on intertrack and simulcast 13 greyhound races at the same rate as it pays on live races. 14 Each greyhound permitholder acting as a host track shall pay 15 purses, at the same rate as it pays on live races, on all 16 greyhound wagers accepted on such races at a guest track which 17 is not conducting live racing and is located within the same 18 market area as the host. 19 (e) Each greyhound permitholder shall supply kennel 20 operators with a weekly report showing purses paid on live 21 races and all intertrack and simulcast broadcasts, including 22 both guest and host together with the handle or commission 23 figures on which purses were paid, so that the kennel 24 operators may determine statutory and contractual compliance. 25 (f) Each greyhound permitholder shall make direct 26 payment of purses to the greyhound owners based on the 27 percentage amount agreed upon between the kennel operator and 28 the greyhound owner. 29 Section 3. The Division of Pari-mutuel Wagering shall 30 design and distribute to greyhound permitholders weekly purse 31 sheets which must be filled out by the permitholder and 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3353 59-334-98 1 provided to the division and the greyhound owners and kennel 2 operators on a weekly basis. These weekly purse sheets shall 3 include the method of payment and the percentage on each 4 category of races conducted by the permitholder in the week, 5 in addition to any other information required by the division. 6 Section 4. Subsection (1) of section 550.6305, Florida 7 Statutes, is amended to read: 8 550.6305 Intertrack wagering; guest track payments; 9 accounting rules.-- 10 (1) All guest tracks which are eligible to receive 11 broadcasts and accept wagers on horseraces from a host track 12 racing under either a thoroughbred or quarter horse permit 13 shall be entitled to payment of 7 percent of the total 14 contributions to the pari-mutuel pool on wagers accepted at 15 the guest track. All guest tracks that are eligible to 16 receive broadcasts and accept wagers on greyhound races or jai 17 alai games from a host track other than a thoroughbred or 18 harness permitholder shall be entitled to payments of not less 19 than 5 percent of the total contributions to the daily 20 pari-mutuel pool on wagers accepted at the guest track. All 21 guest tracks that are eligible to receive broadcasts and 22 accept wagers on horseraces from a host track racing under a 23 harness horse permit shall be entitled to a payment of 5 24 percent of the total contributions to the daily pari-mutuel 25 pool on wagers accepted at the guest track. However, if a 26 guest track is a horserace permitholder that accepts 27 intertrack wagers during its current race meet, one-half of 28 the payment provided in this subsection and s. 550.6345 shall 29 be paid as purses during its current race meet. If the guest 30 track is a greyhound permitholder that accepts nongreyhound 31 intertrack wagers during its current meet, one-fifth of the 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3353 59-334-98 1 payment provided in this subsection shall be paid as purses 2 during its current race meet. If the guest track is a 3 greyhound permitholder accepting nongreyhound intertrack 4 wagers, that is not conducting its current race meet, 5 one-fifth of the payment provided in this subsection shall be 6 paid as purses during its next race meet. 7 (a) However, if the host track is a thoroughbred 8 permitholder, and the guest track is also a thoroughbred 9 permitholder and accepts intertrack wagers on thoroughbred 10 races during its current race meet, one-third of the payment 11 provided in this subsection shall be paid as purses during its 12 current race meet. In addition, an amount equal to 2 percent 13 of the intertrack handle at the thoroughbred guest track shall 14 be remitted by the host track to the guest thoroughbred track, 15 which amount shall be deducted from the purses required to be 16 paid by the host track. Such amount shall be paid by the guest 17 thoroughbred track as purses during its current race meet. 18 (b) If thoroughbred intertrack wagering is taken at 19 any guest track, including a thoroughbred guest track, which 20 is located within 25 miles of any thoroughbred permitholder 21 that is not conducting live racing, the host track shall pay 22 to such thoroughbred permitholder an amount equal to 2 percent 23 of the intertrack handle at all such guest tracks, including 24 the guest thoroughbred track, which amount shall be deducted 25 from the purses otherwise required to be paid by the host 26 track. This amount shall be used by the thoroughbred 27 permitholder to pay purses during its next race meet. 28 Section 5. This act shall take effect upon becoming a 29 law. 30 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3353 59-334-98 1 ***************************************** 2 HOUSE SUMMARY 3 Revises provisions of law governing pari-mutuel wagering 4 to: 1. Revise the tax on handle with respect to 5 intertrack wagering. 2. Revise a provision relating to greyhound dog 6 racing taxes to provide that a purse supplement shall be disbursed weekly and to provide a formula for the 7 determination of the supplement amount. 3. Direct greyhound permitholders to supply kennel 8 owners with a weekly report showing purses paid on live races and all intertrack and simulcast broadcasts 9 including both guest and host together with the handle or commission figures on which purses were paid. 10 4. Direct greyhound permitholders to make direct payment of purses to the greyhound owners based on the 11 percentage amount agreed upon between the kennel operator and the greyhound owner. 12 5. Direct the Division of Pari-mutuel Wagering to design and distribute to greyhound permitholders weekly 13 purse sheets. 6. Revise a provision dealing with intertrack 14 wagering and guest track payments to provide a formula for the payment of a certain portion of required 15 payments. 16 See bill for details. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7