Senate Bill 1630

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1630

    By Senator Geller





    29-1221-00                                          See HB 945

  1                      A bill to be entitled

  2         An act relating to pari-mutuel wagering;

  3         amending s. 550.0951, F.S.; revising the tax on

  4         handle for certain intertrack wagers; revising

  5         the time period for the remittance of certain

  6         fees and taxes; amending ss. 550.09511,

  7         550.6305, F.S.; conforming cross-references;

  8         amending s. 550.09515, F.S.; revising the tax

  9         on handle for thoroughbred horserace

10         performances; creating s. 550.73, F.S.;

11         providing for the Breeders' Cup Meet;

12         authorizing pools; providing for conflicts,

13         taxes, credits, transmission of races, rules

14         and application; creating s. 550.74, F.S.;

15         prohibiting the levy of taxes on certain

16         programs, parking, or admissions; repealing s.

17         550.26352, F.S., relating to the Breeders' Cup

18         Meet; authorizing the Division of State Lands

19         of the Department of Environmental Protection

20         to enter into a contract to purchase a portion

21         of Hialeah Race Track; providing procedures;

22         providing a definition; providing an effective

23         date.

24

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

26

27         Section 1.  Subsections (3) and (5) of section

28  550.0951, Florida Statutes, are amended to read:

29         550.0951  Payment of daily license fee and taxes.--

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

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

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




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

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

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

  4  conducted during the daily performance.  If a permitholder

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

  6  on each performance separately.

  7         (a)  The tax on handle for thoroughbred horse racing,

  8  harness horse racing, and quarter horse racing is 3.3 percent

  9  of the handle.

10         (b)  The tax on handle for dogracing is 7.6 percent of

11  the handle and for jai alai is 7.1 percent of the handle.

12         (c)1.  The tax on handle for an intertrack wager, as

13  that term is defined in s. 550.002(17), is 2.4 percent of the

14  handle if the host track is a horse track, provided however,

15  that the tax on handle for an intertrack wager, as that term

16  is defined in s. 550.002(17), is 0.20 percent of the handle if

17  both the host track and the guest track are thoroughbred

18  permitholders.

19         2.1.  The tax on handle for intertrack wagering is 3.3

20  percent of the handle if the host track is a horse track, 7.6

21  percent if the host track is a dog track, and 7.1 percent if

22  the host track is a jai alai fronton.  The tax on handle for

23  intertrack wagering on rebroadcasts of simulcast horseraces is

24  2.4 percent of the handle.  The tax shall be deposited into

25  the General Revenue Fund.

26         3.2.  Effective October 1, 1996, the tax on handle for

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

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

29  of which are greyhound permitholders, located in three

30  contiguous counties, from any greyhound permitholder also

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

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




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

  2  games received from the same class of permitholder located

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

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

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

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

  7  tax on intertrack handle paid to the division by the

  8  permitholder during the current state fiscal year exceeds the

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

10  permitholder during the 1992-1993 state fiscal year.

11         4.3.  Any guest track that imposes a surcharge on each

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

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

14  Any taxes so imposed shall be deposited into the General

15  Revenue Fund.

16         (5)  PAYMENT AND DISPOSITION OF FEES AND

17  TAXES.--Payment for the admission tax, tax on handle, and the

18  breaks tax imposed by this section shall be paid to the

19  division. The division shall deposit these sums with the

20  Treasurer, one-half being credited to the Pari-mutuel Wagering

21  Trust Fund, hereby established, and one-half being credited to

22  the General Revenue Fund. The permitholder shall remit to the

23  division payment for the daily license fee, the admission tax,

24  the tax on handle, and the breaks tax.  Such payments shall be

25  remitted by 3 p.m. Friday of each week for taxes and fees

26  imposed and collected for the preceding Sunday, Monday, and

27  Tuesday, and by 3 p.m. Wednesday of each week for taxes

28  imposed and collected for the preceding week ending on Sunday

29  Wednesday, Thursday, Friday, and Saturday. Permitholders shall

30  file a report under oath by the 5th day of each calendar month

31  for all taxes remitted during the preceding calendar month.

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




  1  Such payments shall be accompanied by a report under oath

  2  showing the total of all admissions, the pari-mutuel wagering

  3  activities for the preceding calendar month, and such other

  4  information as may be prescribed by the division.

  5         Section 2.  Paragraph (a) of subsection (3) of section

  6  550.09511, Florida Statutes, is amended to read:

  7         550.09511  Jai alai taxes; abandoned interest in a

  8  permit for nonpayment of taxes.--

  9         (3)(a)  Notwithstanding the provisions of subsection

10  (2) and s. 550.0951(3)(c)2.1., any jai alai permitholder which

11  is restricted under Florida law from operating live

12  performances on a year-round basis is entitled to conduct

13  wagering on live performances at a tax rate of 3.85 percent of

14  live handle.  Such permitholder is also entitled to conduct

15  intertrack wagering as a host permitholder on live jai alai

16  games at its fronton at a tax rate of 3.3 percent of handle at

17  such time as the total tax on intertrack handle paid to the

18  division by the permitholder during the current state fiscal

19  year exceeds the total tax on intertrack handle paid to the

20  division by the permitholder during the 1992-1993 state fiscal

21  year.

22         Section 3.  Paragraph (a) of subsection (9) of section

23  550.6305, Florida Statutes, is amended to read:

24         550.6305  Intertrack wagering; guest track payments;

25  accounting rules.--

26         (9)  A host track that has contracted with an

27  out-of-state horse track to broadcast live races conducted at

28  such out-of-state horse track pursuant to s. 550.3551(5) may

29  broadcast such out-of-state races to any guest track and

30  accept wagers thereon in the same manner as is provided in s.

31  550.3551.

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




  1         (a)  For purposes of this section, "net proceeds" means

  2  the amount of takeout remaining after the payment of state

  3  taxes, purses required pursuant to s. 550.0951(3)(c)2.1., the

  4  cost to the permitholder required to be paid to the

  5  out-of-state horse track, breeders' awards paid to the Florida

  6  Thoroughbred Breeders' Association and the Florida

  7  Standardbred Breeders and Owners Association, to be used as

  8  set forth in s. 550.625(2)(a) and (b), and the deduction of

  9  any amount retained pursuant to s. 550.615(11).

10         Section 4.  Paragraph (a) of subsection (2) of section

11  550.09515, Florida Statutes, is amended to read:

12         550.09515  Thoroughbred horse taxes; abandoned interest

13  in a permit for nonpayment of taxes.--

14         (2)

15         (a)  Notwithstanding the provisions of s.

16  550.0951(3)(a), the tax on handle for live thoroughbred

17  horserace horse performances shall be 0.20 percent subject to

18  the following:

19         1.  The tax on handle per performance for live

20  thoroughbred performances is 2.0 percent of handle for

21  performances conducted during the period beginning on January

22  3 and ending March 16; .20 percent of handle for performances

23  conducted during the period beginning March 17 and ending May

24  22; and 1.25 percent of handle for performances conducted

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

26         1.2.  If any thoroughbred permitholder conducts

27  performances during more than one time period or if

28  performances are conducted during more than one period at any

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

30  of the tax percentages for the periods in which performances

31  are being conducted, except:

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




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

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

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

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

  5  of the racing period in which the permitholders intend to

  6  operate.

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

  8  permitholder holding a license for operating any one of the

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

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

11  operate for 10 consecutive days, a permitholder already

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

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

14  addition to the period already licensed.

15         c.  Two permitholders who operated in different periods

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

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

18  results in either permitholder or the facility of a

19  permitholder being operated in two different periods.

20

21  However, any thoroughbred permitholder whose total handle on

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

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

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

25  on live handle per performance.

26         2.3.  For the period beginning on April 1 and ending

27  May 23 during the state fiscal year 1992-1993, any

28  permitholder which has operated less than 51 racing days in

29  the last 18 months may operate said period and pay 1.25

30  percent tax on live handle per performance.  In the event this

31  provision takes effect after April 1, 1993, it shall be

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




  1  construed to apply retroactively from April 1, 1993, through

  2  May 23, 1993.

  3         3.4.  In the event any licenses have been issued to any

  4  thoroughbred permitholders for racing dates prior to April 26,

  5  1993, then, notwithstanding the provisions of s. 550.525(2),

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

  7         Section 5.  Section 550.73, Florida Statutes, is

  8  created to read:

  9         550.73  Breeders' Cup Meet; pools authorized;

10  conflicts; taxes; credits; transmission of races; rules;

11  application.--

12         (1)  Notwithstanding any provision of this chapter to

13  the contrary, there is created a special thoroughbred race

14  meet which shall be designated as the "Breeders' Cup Meet."

15  The Breeders' Cup Meet shall be conducted at the facility of

16  the Florida permitholder selected by Breeders' Cup Limited to

17  conduct the Breeders' Cup Meet. The Breeders' Cup Meet shall

18  consist of 3 days: the day on which the Breeders' Cup races

19  are conducted, the preceding day, and the subsequent day. Upon

20  the selection of the Florida permitholder as host for the

21  Breeders' Cup Meet and application by the selected

22  permitholder, the division shall issue a license to the

23  selected permitholder to operate the Breeders' Cup Meet.

24  Notwithstanding s. 550.09515(2)(a), the Breeders' Cup Meet may

25  be conducted on dates which the selected permitholder is not

26  otherwise authorized to conduct a race meet.

27         (2)  The permitholder conducting the Breeders' Cup Meet

28  is specifically authorized to create pari-mutuel pools during

29  the Breeders' Cup Meet by accepting pari-mutuel wagers on the

30  thoroughbred horse races run during said meet.

31

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




  1         (3)  If the facility of the permitholder conducting the

  2  Breeders' Cup Meet is located within 35 miles of any other

  3  permitholders' facilities scheduled to host a thoroughbred

  4  race meet on any of the 3 days of the Breeders' Cup Meet, then

  5  operation on any of those 3 days by the other permitholders is

  6  prohibited. As compensation for the loss of racing days caused

  7  thereby, such operating permitholders shall receive a credit

  8  against the taxes otherwise due and payable to the state under

  9  ss. 550.0951 and 550.09515. This credit shall be in an amount

10  equal to the operating loss determined to have been suffered

11  by the operating permitholders as a result of not operating on

12  the prohibited racing days, but shall not exceed a total of

13  $950,000. The determination of the amount to be credited shall

14  be made by the division upon application by the operating

15  permitholder. The tax credits provided in this subsection

16  shall not be available unless an operating permitholder is

17  required to close a bona fide meet consisting in part of no

18  fewer than 10 scheduled performances in the 15 days

19  immediately preceding or 10 scheduled performances in the 15

20  days immediately following the Breeders' Cup Meet. Such tax

21  credit shall be in lieu of any other compensation or

22  consideration for the loss of racing days. There shall be no

23  replacement or makeup of any lost racing days.

24         (4)  Notwithstanding any provision of ss. 550.0951 and

25  550.09515, the permitholder conducting the Breeders' Cup Meet

26  shall pay no taxes on the handle included within the

27  pari-mutuel pools of said permitholders during the Breeders'

28  Cup Meet.

29         (5)  The permitholder conducting the Breeders' Cup Meet

30  shall receive a credit against the taxes otherwise due and

31  payable to the state under ss. 550.0951 and 550.09515

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




  1  generated during said permitholder's next ensuing regular

  2  thoroughbred race meet. This credit shall be in an amount not

  3  to exceed $800,000 and shall be utilized by the permitholder

  4  to pay the purses offered by the permitholder during the

  5  Breeders' Cup Meet in excess of the purses which the

  6  permitholder is otherwise required by law to pay. The amount

  7  to be credited shall be determined by the division upon

  8  application of the permitholder which is subject to audit by

  9  the division.

10         (6)  The permitholder conducting the Breeders' Cup Meet

11  shall receive a credit against the taxes otherwise due and

12  payable to the state under ss. 550.0951 and 550.09515

13  generated during said permitholder's next ensuing regular

14  thoroughbred race meet. This credit shall be in an amount not

15  to exceed $950,000 and shall be utilized by the permitholder

16  for such capital improvements and extraordinary expenses as

17  may be necessary for operation of the Breeders' Cup Meet. the

18  amount to be credited shall be determined by the division upon

19  application of the permitholder, which is subject to audit by

20  the division.

21         (7)  The permitholder conducting the Breeders' Cup Meet

22  shall be exempt from the payment of purses and other payments

23  to horsemen on all on-track, intertrack, interstate, and

24  international wagers or rights fees or payments arising

25  therefrom for all races for which the purse is paid or

26  supplied by Breeders' Cup Limited. The permitholder conducting

27  the Breeders' Cup Meet shall not, however, be exempt from

28  breeders' awards payments for on-track and intertrack wagers

29  as provided in ss. 550.2625(3) and 550.625(2)(a) for races in

30  which the purse is paid or supplied by Breeders' Cup Limited.

31

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




  1         (8)(a)  Pursuant to s. 550.3551(2), the permitholder

  2  conducting the Breeders' Cup Meet is authorized to transmit

  3  broadcasts of the races conducted during the Breeders' Cup

  4  Meet to locations outside of this state for wagering purposes.

  5  The division may approve broadcasts to pari-mutuel

  6  permitholders and other betting systems authorized under the

  7  laws of any other state or country. Wagers accepted by any

  8  out-of-state pari-mutuel permitholder or betting system on any

  9  races broadcast under this section may be, but are not

10  required to be, commingled with the pari-mutuel pools of the

11  permitholder conducting the Breeders' Cup Meet. The

12  calculation of any payoff on national pari-mutuel pools with

13  commingled wagers may be performed by the permitholder's

14  totalisator contractor at a location outside of this state.

15  Pool amounts from wagers placed at pari-mutuel facilities or

16  other betting systems in foreign countries before being

17  commingled with the pari-mutuel pool of the Florida

18  permitholder conducting the Breeders' Cup Meet shall be

19  calculated by the totalisator contractor and transferred to

20  the commingled pool in United States currency in cycles

21  customarily used by the permitholder. Pool amounts from wagers

22  placed at any foreign pari-mutuel facility or other betting

23  system shall not be commingled with a Florida pool until a

24  determination is made by the division that the technology

25  utilized by the totalisator contractor is adequate to assure

26  commingled pools will result in the calculation of accurate

27  payoffs to Florida bettors. Any totalisator contractor at a

28  location outside of this state shall comply with the

29  provisions of s. 550.495 relating to totalisator licensing.

30         (b)  The permitholder conducting the Breeders' Cup Meet

31  is authorized to transmit broadcasts of the races conducted

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




  1  during the Breeders' Cup Meet to other pari-mutuel facilities

  2  located in this state for wagering purposes; however, the

  3  permitholder conducting the Breeders' Cup Meet shall not be

  4  required to transmit broadcasts to any pari-mutuel facility

  5  located within 25 miles of the facility at which the Breeders'

  6  Cup Meet is conducted. Wagers accepted by all pari-mutuel

  7  facilities located in the state on any races broadcast under

  8  this section shall be included in the pari-mutuel pools of the

  9  permitholder conducting the Breeders' Cup Meet.

10         (9)  The exemption from the tax credits provided in

11  subsections (5) and (6) shall not be granted and shall not be

12  claimed by the permitholder until an audit is completed by the

13  division. The division is required to complete the audit

14  within 30 days after receipt of the necessary documentation

15  from the permitholder to verify the permitholder's claim for

16  tax credits. If the documentation submitted by the

17  permitholder is incomplete or is insufficient to document the

18  permitholder's claim for tax credits, the division may request

19  such additional documentation as is necessary to complete the

20  audit. Upon receipt of the division's written request for

21  additional documentation, the 30-day time limitation will

22  commence anew.

23         (10)  The division is authorized to adopt such rules as

24  are necessary to facilitate the conduct of the Breeders' Cup

25  Meet as authorized in this section. Included within this grant

26  of authority shall be the adoption or waiver of rules

27  regarding the overall conduct of racing during the Breeders'

28  Cup Meet in such a manner so as to ensure the integrity of the

29  races, licensing for all participants, special stabling and

30  training requirements for foreign horses, commingling of

31

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




  1  pari-mutuel pools, and audit requirements for tax credits and

  2  other benefits.

  3         (11)  Any dispute between the division and any

  4  permitholder regarding the tax credits authorized under

  5  subsection (3), subsection (5), or subsection (6) shall be

  6  determined by a hearing officer of the Division of

  7  Administrative Hearings under the provisions of s. 120.57(1).

  8         (12)  The provisions of this section shall prevail over

  9  any conflicting provisions of this chapter.

10         Section 6.  Section 550.74, Florida Statutes, is

11  created to read:

12         550.74  Admissions and sales tax.--No tax shall be

13  levied on programs, parking, or admissions under this chapter

14  or chapter 212 for pari-mutuel events licensed and conducted

15  pursuant to this chapter.

16         Section 7.  Section 550.26352, Florida Statutes, is

17  repealed.

18         Section 8.  (1)  The division, on behalf of the state,

19  is authorized to enter into a contract to purchase that

20  portion of Hialeah Park Race Track located in the City of

21  Hialeah, which is currently owned by Hialeah, Inc., for a sum

22  not to exceed $30,650,000 for the property and a fixed sum of

23  $2 million for the thoroughbred racing permit, as was

24  recommended by that certain Final Report of Findings and

25  Recommendations prepared in response to the Request for

26  Proposal No. 973-740-07-99-01 issued by the Department of

27  State as required by section 550.72, Florida Statutes.

28         (2)  In order to determine an appropriate purchase

29  price, the division shall review the appraisal prepared by

30  Quinlivan Appraisal, P.A., dated November 17, 1998, of Hialeah

31  Park Race Track.

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    Florida Senate - 2000                                  SB 1630
    29-1221-00                                          See HB 945




  1         (3)  The division is authorized to tender an offer

  2  equal to the fair market value of the property which

  3  determination shall utilize the appraisal performed by

  4  Quinlivan Appraisal, P.A., and any supplemental appraisal

  5  prepared at the request of the division.

  6         (4)  The division shall negotiate a purchase price and

  7  tender an offer and contract to Hialeah, Inc., for the

  8  purchase of the property and the thoroughbred racing permit no

  9  later than September 30, 2000. Hialeah, Inc., shall have until

10  February 1, 2001, to accept such offer and execute said

11  contract, or such offer and contract shall be void.

12         (5)  Any contract executed between the division and

13  Hialeah, Inc., shall be subject to the availability of

14  appropriated funds.

15         (6)  The term "division," for the purposes of this

16  section, means the Department of Environmental Protection,

17  Division of State Lands.

18         Section 9.  This act shall take effect upon becoming a

19  law.

20

21            *****************************************

22                       LEGISLATIVE SUMMARY

23
      Provides that the tax on handle for an intertrack wager
24    is 2.4 percent of the handle if the host track is a horse
      track and is 2.0 percent of the handle if both the host
25    track and the guest track are thoroughbred permitholders.
      Provides that the payment for admission tax, tax on
26    handle, and the breaks tax shall be remitted by 3 p.m.
      Wednesday of each week for taxes imposed and collected
27    for the preceding week ending on Sunday. Provides that
      the tax on handle for live thoroughbred horserace
28    performances shall be 0.20 percent. Provides for the
      Breeders' Cup Meet. (See bill for details.)
29

30

31

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