Senate Bill 2246

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    Florida Senate - 1999                                  SB 2246

    By Senator Sullivan





    22-1462-99

  1                      A bill to be entitled

  2         An act relating to taxation on thoroughbred

  3         horse racing; amending ss. 550.0951, 550.09515,

  4         F.S.; reducing specified taxes; providing an

  5         effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Paragraph (c) of subsection (3) of section

10  550.0951, Florida Statutes, 1998 Supplement, is amended to

11  read:

12         550.0951  Payment of daily license fee and taxes.--

13         (3)  TAX ON HANDLE.--Each permitholder shall pay a tax

14  on contributions to pari-mutuel pools, the aggregate of which

15  is hereinafter referred to as "handle," on races or games

16  conducted by the permitholder. The tax is imposed daily and is

17  based on the total contributions to all pari-mutuel pools

18  conducted during the daily performance.  If a permitholder

19  conducts more than one performance daily, the tax is imposed

20  on each performance separately.

21         (c)1.  The tax on handle for intertrack wagering is 2.4

22  3.3 percent of the handle if the host track is a horse track,

23  7.6 percent if the host track is a dog track, and 7.1 percent

24  if the host track is a jai alai fronton.  The tax on handle

25  for intertrack wagering on rebroadcasts of simulcast

26  horseraces is 2.4 percent of the handle.  The tax shall be

27  deposited into the General Revenue Fund.

28         2.  Effective October 1, 1996, the tax on handle for

29  intertrack wagers accepted by any dog track located in an area

30  of the state in which there are only three permitholders, all

31  of which are greyhound permitholders, located in three

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    Florida Senate - 1999                                  SB 2246
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  1  contiguous counties, from any greyhound permitholder also

  2  located within such area or any dog track or jai alai fronton

  3  located as specified in s. 550.615(6) or (8), on races or

  4  games received from the same class of permitholder located

  5  within the same market area is 6 percent if the host facility

  6  is a greyhound permitholder and, if the host facility is a jai

  7  alai permitholder, the rate shall be 6.1 percent except that

  8  it shall be 2.3 percent on handle at such time as the total

  9  tax on intertrack handle paid to the division by the

10  permitholder during the current state fiscal year exceeds the

11  total tax on intertrack handle paid to the division by the

12  permitholder during the 1992-1993 state fiscal year.

13         3.  Any guest track that imposes a surcharge on each

14  winning ticket cashed pursuant to s. 550.6335 shall pay an

15  additional tax equal to 5 percent of the surcharge so imposed.

16  Any taxes so imposed shall be deposited into the General

17  Revenue Fund.

18         Section 2.  Paragraph (a) of subsection (2) of section

19  550.09515, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         550.09515  Thoroughbred horse taxes; abandoned interest

22  in a permit for nonpayment of taxes.--

23         (2)(a)  Notwithstanding the provisions of s.

24  550.0951(3)(a), the tax on handle for live thoroughbred horse

25  performances shall be subject to the following:

26         1.  The tax on handle per performance for live

27  thoroughbred performances is 0.40 2.0 percent of handle for

28  performances conducted during the period beginning on January

29  3 and ending March 16; .20 percent of handle for performances

30  conducted during the period beginning March 17 and ending May

31

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    Florida Senate - 1999                                  SB 2246
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  1  22; and 0.40 1.25 percent of handle for performances conducted

  2  during the period beginning May 23 and ending January 2.

  3         2.  If any thoroughbred permitholder conducts

  4  performances during more than one time period or if

  5  performances are conducted during more than one period at any

  6  facility, the tax on handle per performance is double the sum

  7  of the tax percentages for the periods in which performances

  8  are being conducted, except:

  9         a.  Pursuant to s. 550.01215, two permitholders, by

10  mutual written agreement, may agree to the operation by one of

11  them in the other permitholder's tax period for up to 3 days,

12  if the 3 days are either the first 3 days or the last 3 days

13  of the racing period in which the permitholders intend to

14  operate.

15         b.  If, on March 31 of any year, there is no

16  permitholder holding a license for operating any one of the

17  three race periods set forth in this section or if the

18  permitholder who is licensed to operate in any period fails to

19  operate for 10 consecutive days, a permitholder already

20  licensed to operate in another period may apply for and be

21  issued a license to operate the period in question, in

22  addition to the period already licensed.

23         c.  Two permitholders who operated in different periods

24  in the preceding fiscal year may, by mutual written agreement,

25  switch periods for the current racing season, even if it

26  results in either permitholder or the facility of a

27  permitholder being operated in two different periods.

28

29  However, any thoroughbred permitholder whose total handle on

30  live performances during the 1991-1992 state fiscal year was

31  not greater than $34 million is authorized to conduct live

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    Florida Senate - 1999                                  SB 2246
    22-1462-99




  1  performances at any time of the year and shall pay 0.5 percent

  2  on live handle per performance.

  3         3.  For the period beginning on April 1 and ending May

  4  23 during the state fiscal year 1992-1993, any permitholder

  5  which has operated less than 51 racing days in the last 18

  6  months may operate said period and pay 1.25 percent tax on

  7  live handle per performance.  In the event this provision

  8  takes effect after April 1, 1993, it shall be construed to

  9  apply retroactively from April 1, 1993, through May 23, 1993.

10         4.  In the event any licenses have been issued to any

11  thoroughbred permitholders for racing dates prior to April 26,

12  1993, then, notwithstanding the provisions of s. 550.525(2),

13  amendments may be filed to the racing dates up to May 1, 1993.

14         Section 3.  Effective July 1, 2001, paragraph (a) of

15  subsection (2) of section 550.09515, Florida Statutes, 1998

16  Supplement, as amended by section 4, chapter 98-190, Laws of

17  Florida, is amended to read:

18         550.09515  Thoroughbred horse taxes; abandoned interest

19  in a permit for nonpayment of taxes.--

20         (2)(a)  Notwithstanding the provisions of s.

21  550.0951(3)(a), the tax on handle for live thoroughbred horse

22  performances shall be subject to the following:

23         1.  The tax on handle per performance for live

24  thoroughbred performances is 0.40 2.25 percent of handle for

25  performances conducted during the period beginning on January

26  3 and ending March 16; .70 percent of handle for performances

27  conducted during the period beginning March 17 and ending May

28  22; and 0.40 1.5 percent of handle for performances conducted

29  during the period beginning May 23 and ending January 2.

30         2.  However, any thoroughbred permitholder whose total

31  handle on live performances during the 1991-1992 state fiscal

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    Florida Senate - 1999                                  SB 2246
    22-1462-99




  1  year was not greater than $34 million is authorized to conduct

  2  live performances at any time of the year and shall pay 0.5

  3  percent on live handle per performance.

  4         Section 4.  This act shall take effect July 1, 1999.

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  7                          SENATE SUMMARY

  8    Reduces specified taxes on thoroughbred horse racing.

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