Senate Bill 0762
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Florida Senate - 1999 SB 762
By Senator Geller
29-410-99
1 A bill to be entitled
2 An act relating to thoroughbred racing;
3 amending ss. 550.0951, 550.09514, F.S.;
4 reducing the tax on handle for permitholders to
5 1 percent; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Paragraph (a) 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 (a) The tax on handle for thoroughbred horse racing,
22 harness horse racing, and quarter horse racing is 1 3.3
23 percent of the handle.
24 Section 2. Paragraph (a) of subsection (2) of section
25 550.09515, Florida Statutes, 1998 Supplement, is amended to
26 read:
27 550.09515 Thoroughbred horse taxes; abandoned interest
28 in a permit for nonpayment of taxes.--
29 (1) Pari-mutuel wagering at thoroughbred horse
30 racetracks in this state is an important business enterprise,
31 and taxes derived therefrom constitute a part of the tax
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Florida Senate - 1999 SB 762
29-410-99
1 structure which funds operation of the state. Thoroughbred
2 horse permitholders should pay their fair share of these taxes
3 to the state. This business interest should not be taxed to
4 such an extent as to cause any racetrack which is operated
5 under sound business principles to be forced out of business.
6 Due to the need to protect the public health, safety, and
7 welfare, the gaming laws of the state provide for the
8 thoroughbred horse industry to be highly regulated and taxed.
9 The state recognizes that there exist identifiable differences
10 between thoroughbred horse permitholders based upon their
11 ability to operate under such regulation and tax system and at
12 different periods during the year.
13 (2)
14 (a) Notwithstanding the provisions of s.
15 550.0951(3)(a), the tax on handle for live thoroughbred horse
16 performances shall be subject to the following:
17 1. The tax on handle per performance for live
18 thoroughbred performances is 1.0 2.0 percent of handle for
19 performances conducted during the period beginning on January
20 3 and ending March 16; .20 percent of handle for performances
21 conducted during the period beginning March 17 and ending May
22 22; and 1.0 1.25 percent of handle for performances conducted
23 during the period beginning May 23 and ending January 2.
24 2. If any thoroughbred permitholder conducts
25 performances during more than one time period or if
26 performances are conducted during more than one period at any
27 facility, the tax on handle per performance is double the sum
28 of the tax percentages for the periods in which performances
29 are being conducted, except:
30 a. Pursuant to s. 550.01215, two permitholders, by
31 mutual written agreement, may agree to the operation by one of
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Florida Senate - 1999 SB 762
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1 them in the other permitholder's tax period for up to 3 days,
2 if the 3 days are either the first 3 days or the last 3 days
3 of the racing period in which the permitholders intend to
4 operate.
5 b. If, on March 31 of any year, there is no
6 permitholder holding a license for operating any one of the
7 three race periods set forth in this section or if the
8 permitholder who is licensed to operate in any period fails to
9 operate for 10 consecutive days, a permitholder already
10 licensed to operate in another period may apply for and be
11 issued a license to operate the period in question, in
12 addition to the period already licensed.
13 c. Two permitholders who operated in different periods
14 in the preceding fiscal year may, by mutual written agreement,
15 switch periods for the current racing season, even if it
16 results in either permitholder or the facility of a
17 permitholder being operated in two different periods.
18
19 However, any thoroughbred permitholder whose total handle on
20 live performances during the 1991-1992 state fiscal year was
21 not greater than $34 million is authorized to conduct live
22 performances at any time of the year and shall pay 0.5 percent
23 on live handle per performance.
24 3. For the period beginning on April 1 and ending May
25 23 during the state fiscal year 1992-1993, any permitholder
26 which has operated less than 51 racing days in the last 18
27 months may operate said period and pay 1.25 percent tax on
28 live handle per performance. In the event this provision
29 takes effect after April 1, 1993, it shall be construed to
30 apply retroactively from April 1, 1993, through May 23, 1993.
31
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Florida Senate - 1999 SB 762
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1 4. In the event any licenses have been issued to any
2 thoroughbred permitholders for racing dates prior to April 26,
3 1993, then, notwithstanding the provisions of s. 550.525(2),
4 amendments may be filed to the racing dates up to May 1, 1993.
5 Section 3. Effective July 1, 2001, paragraph (a) of
6 subsection (2) of section 550.09515, Florida Statutes, as
7 amended by section 4 of chapter 98-190, Laws of Florida, is
8 amended to read:
9 550.09515 Thoroughbred horse taxes; abandoned interest
10 in a permit for nonpayment of taxes.--
11 (2)(a) Notwithstanding the provisions of s.
12 550.0951(3)(a), the tax on handle for live thoroughbred horse
13 performances shall be subject to the following:
14 1. The tax on handle per performance for live
15 thoroughbred performances is 1 2.25 percent of handle for
16 performances conducted during the period beginning on January
17 3 and ending March 16; .70 percent of handle for performances
18 conducted during the period beginning March 17 and ending May
19 22; and 1 1.5 percent of handle for performances conducted
20 during the period beginning May 23 and ending January 2.
21 2. However, any thoroughbred permitholder whose total
22 handle on live performances during the 1991-1992 state fiscal
23 year was not greater than $34 million is authorized to conduct
24 live performances at any time of the year and shall pay 0.5
25 percent on live handle per performance.
26 Section 4. Except as otherwise provided in this act,
27 this act shall take effect July 1, 1999.
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29 *****************************************
30 SENATE SUMMARY
31 Reduces the tax on handle for thoroughbred permitholders
to 1 percent.
4