House Bill 0725c2

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    Florida House of Representatives - 2000           CS/CS/HB 725

        By the Committees on Finance & Taxation, Regulated
    Services and Representatives Fasano, Gay, Merchant, Bitner,
    Sembler, Andrews, Levine, Henriquez and Gottlieb




  1                      A bill to be entitled

  2         An act relating to pari-mutuel wagering;

  3         amending s. 212.20, F.S.; providing for an

  4         annual distribution of sales and use tax

  5         proceeds to the counties in lieu of funds

  6         distributed under s. 550.135, F.S.; providing

  7         for existing obligations and bonded

  8         indebtedness; amending s. 550.135, F.S.;

  9         eliminating distribution of funds from the

10         Pari-mutuel Wagering Trust Fund to the

11         counties; amending s. 550.0951, F.S.; providing

12         that the daily license fee tax credit provided

13         by said section and the $360,000 or $500,000

14         tax exemption provided by s. 550.09514(1),

15         F.S., may be applied to any tax and daily

16         license fees imposed under ch. 550, F.S.;

17         removing restrictions on the transfer of the

18         daily license fee tax credit by greyhound

19         permitholders; authorizing transfer of the

20         $360,000 or $500,000 tax exemption by a

21         greyhound permitholder to a greyhound

22         permitholder that acts as host track to such

23         permitholder for intertrack wagering; providing

24         for repayment; providing for rules; reducing

25         the taxes on handle for greyhound dogracing,

26         for intertrack wagering when the host track is

27         a dog track, and for intertrack wagers accepted

28         by certain dog tracks; providing exceptions;

29         removing the additional tax on the surcharge on

30         winning tickets; specifying the rate of the tax

31         on handle for greyhound simulcast races

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  1         received from outside the United States;

  2         eliminating deposit into the General Revenue

  3         Fund of a portion of the admission tax, tax on

  4         handle, and breaks tax imposed under said

  5         section; amending s. 550.09514, F.S.; revising

  6         application and administration of the $360,000

  7         or $500,000 tax exemption provided by said

  8         section; providing for payment of additional

  9         purses by greyhound permitholders in an amount

10         equal to a percentage of the tax reduction

11         resulting from the reduction of the taxes on

12         handle; providing requirements with respect

13         thereto; providing for audits; amending s.

14         550.09515, F.S.; providing for deposit of the

15         tax on handle for certain intertrack wagering

16         on certain horseracing in the Pari-mutuel

17         Wagering Trust Fund rather than the General

18         Revenue Fund; creating s. 550.1647, F.S.;

19         authorizing a credit against taxes imposed

20         under ch. 550, F.S., for unclaimed ticket

21         amounts that are remitted to the state by

22         greyhound permitholders; providing for payments

23         to organizations that promote the adoption of

24         greyhounds; providing for retention of breaks

25         by greyhound permitholders; amending ss.

26         288.1169 and 849.086, F.S.; correcting

27         references; providing an effective date.

28

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

30

31

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  1         Section 1.  Paragraph (f) of subsection (6) of section

  2  212.20, Florida Statutes, is amended to read:

  3         212.20  Funds collected, disposition; additional powers

  4  of department; operational expense; refund of taxes

  5  adjudicated unconstitutionally collected.--

  6         (6)  Distribution of all proceeds under this chapter

  7  shall be as follows:

  8         (f)  The proceeds of all other taxes and fees imposed

  9  pursuant to this chapter shall be distributed as follows:

10         1.  In any fiscal year, the greater of $500 million,

11  minus an amount equal to 4.6 percent of the proceeds of the

12  taxes collected pursuant to chapter 201, or 5 percent of all

13  other taxes and fees imposed pursuant to this chapter shall be

14  deposited in monthly installments into the General Revenue

15  Fund.

16         2.  Two-tenths of one percent shall be transferred to

17  the Solid Waste Management Trust Fund.

18         3.  After the distribution under subparagraphs 1. and

19  2., 9.653 percent of the amount remitted by a sales tax dealer

20  located within a participating county pursuant to s. 218.61

21  shall be transferred into the Local Government Half-cent Sales

22  Tax Clearing Trust Fund.

23         4.  After the distribution under subparagraphs 1., 2.,

24  and 3., 0.054 percent shall be transferred to the Local

25  Government Half-cent Sales Tax Clearing Trust Fund and

26  distributed pursuant to s. 218.65.

27         5.  Of the remaining proceeds:

28         a.  Beginning July 1, 2000, and in each fiscal year

29  thereafter, the sum of $29,915,500 shall be divided into as

30  many equal parts as there are counties in the state, and one

31  part shall be distributed to each county.  The distribution

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  1  among the several counties shall begin each fiscal year on or

  2  before January 5 and shall continue monthly for a total of 4

  3  months.  If a local or special law required that any moneys

  4  accruing to a county in fiscal year 1999-2000 under the

  5  then-existing provisions of s. 550.135 be paid directly to the

  6  district school board or a municipal government, such payment

  7  shall continue until such time as the local or special law is

  8  amended or repealed.  The state covenants with holders of

  9  bonds or other instruments of indebtedness issued by local

10  governments or district school boards prior to July 1, 2000,

11  that it is not the intent of this sub-subparagraph to affect

12  adversely the rights of those holders or to relieve local

13  governments or district school boards of the duty to meet

14  their obligations as a result of previous pledges or

15  assignments or trusts entered into which obligated funds

16  received from the then-existing s. 550.135 distribution to

17  county governments.  This distribution specifically is in lieu

18  of funds distributed under s. 550.135 prior to July 1, 2000.

19         b.a.  Beginning July 1, 1992, $166,667 shall be

20  distributed monthly by the department to each applicant that

21  has been certified as a "facility for a new professional

22  sports franchise" or a "facility for a retained professional

23  sports franchise" pursuant to s. 288.1162 and $41,667 shall be

24  distributed monthly by the department to each applicant that

25  has been certified as a "new spring training franchise

26  facility" pursuant to s. 288.1162. Distributions shall begin

27  60 days following such certification and shall continue for 30

28  years. Nothing contained herein shall be construed to allow an

29  applicant certified pursuant to s. 288.1162 to receive more in

30  distributions than actually expended by the applicant for the

31  public purposes provided for in s. 288.1162(7). However, a

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  1  certified applicant shall receive distributions up to the

  2  maximum amount allowable and undistributed under this section

  3  for additional renovations and improvements to the facility

  4  for the franchise without additional certification.

  5         c.b.  Beginning 30 days after notice by the Office of

  6  Tourism, Trade, and Economic Development to the Department of

  7  Revenue that an applicant has been certified as the

  8  professional golf hall of fame pursuant to s. 288.1168 and is

  9  open to the public, $166,667 shall be distributed monthly, for

10  up to 300 months, to the applicant.

11         d.c.  Beginning 30 days after notice by the Department

12  of Commerce to the Department of Revenue that the applicant

13  has been certified as the International Game Fish Association

14  World Center facility pursuant to s. 288.1169, and the

15  facility is open to the public, $83,333 shall be distributed

16  monthly, for up to 180 months, to the applicant.  This

17  distribution is subject to reduction pursuant to s. 288.1169.

18         6.  All other proceeds shall remain with the General

19  Revenue Fund.

20         Section 2.  Section 550.135, Florida Statutes, is

21  amended to read:

22         550.135  Division of moneys derived under this

23  law.--All moneys that are deposited with the Treasurer to the

24  credit of the Pari-mutuel Wagering Trust Fund shall be

25  distributed as follows in the following proportions, in the

26  manner and at the times specified in this section:

27         (1)  In each fiscal year, the sum of $29,915,500 shall

28  be divided into as many equal parts as there are counties in

29  the state, and one part shall be distributed to each county;

30  any excess of such moneys after the distributions to the

31  counties shall be paid into the General Revenue Fund. If the

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  1  sum available for distribution is less than $29,915,500, the

  2  deficiency shall be paid into the Pari-mutuel Wagering Trust

  3  Fund from the General Revenue Fund up to the amount of the

  4  deficiency if the deficiency does not exceed the deposits of

  5  pari-mutuel tax collections to the General Revenue Fund for

  6  that fiscal year.

  7         (2)  The distribution among the several counties

  8  provided for in subsection (1) shall begin each fiscal year on

  9  or before January 5 and shall continue monthly for a total of

10  4 months.  If during the fiscal year the sums available for

11  distribution to the counties is not sufficient to make the

12  scheduled distributions, the division shall immediately

13  transfer to the Pari-mutuel Wagering Trust Fund from deposits

14  made by the division to the General Revenue Fund during that

15  fiscal year, the sums required to make the distributions.  If

16  on April 5 the sums distributed to the counties do not equal

17  the maximum sum to be distributed, the division shall

18  immediately transfer to the Pari-mutuel Wagering Trust Fund,

19  from deposits made by the division to the General Revenue Fund

20  during that fiscal year, the sums required to pay each county

21  the sum entitled and shall make such payments on or before the

22  end of that fiscal year.  The Comptroller is appointed as the

23  agent of the division to make the distribution to the counties

24  and to make transfers as may be required by this section.

25         (1)(3)  The daily license fee revenues collected

26  pursuant to s. 550.0951(1) shall be used to fund the operating

27  cost of the division and to provide a proportionate share of

28  the operation of the office of the secretary and the Division

29  of Administration of the Department of Business and

30  Professional Regulation; however, other collections in the

31  Pari-mutuel Wagering Trust Fund, after the payments required

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  1  by subsections (1) and (2), may also be used to fund the

  2  operation of the division in accordance with authorized

  3  appropriations.

  4         (2)(4)  After payments to the counties have been

  5  completed as provided in subsections (1) and (2), All

  6  unappropriated funds in the Pari-mutuel Wagering Trust Fund

  7  shall be deposited to the Treasurer to the credit of the

  8  General Revenue Fund as provided in subsection (1).

  9         (5)  If a local or special law requires that any moneys

10  accruing to a county under this chapter, the same being

11  division funds, be paid to the Treasurer of the state, as ex

12  officio treasurer of the teachers' salary fund, to the credit

13  of a district school board, those moneys shall be paid

14  directly to the district school board.

15         Section 3.  Subsections (1), (3), and (5) and paragraph

16  (b) of subsection (6) of section 550.0951, Florida Statutes,

17  are amended to read:

18         550.0951  Payment of daily license fee and taxes.--

19         (1)(a)  DAILY LICENSE FEE.--Each person engaged in the

20  business of conducting race meetings or jai alai games under

21  this chapter, hereinafter referred to as the "permitholder,"

22  "licensee," or "permittee," shall pay to the division, for the

23  use of the division, a daily license fee on each live or

24  simulcast pari-mutuel event of $100 for each horserace and $80

25  for each dograce and $40 for each jai alai game conducted at a

26  racetrack or fronton licensed under this chapter.  Effective

27  October 1, 1996, In addition to the tax exemption specified in

28  s. 550.09514(1) of $360,000 or $500,000 per greyhound

29  permitholder per state fiscal year, each greyhound

30  permitholder shall receive in the current state fiscal year a

31  tax credit equal to the number of live greyhound races

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  1  conducted in the previous state fiscal year times the daily

  2  license fee specified for each dograce in this subsection

  3  applicable for the previous state fiscal year.  This tax

  4  credit and the exemption in s. 550.09514(1) shall be

  5  applicable to any the tax and the daily license fees imposed

  6  by this chapter on live handle under subsection (3) except

  7  during any charity or scholarship performances conducted

  8  pursuant to s. 550.0351. Effective October 1, 1996, Each

  9  permitholder shall pay daily license fees not to exceed $500

10  per day on any simulcast races or games on which such

11  permitholder accepts wagers regardless of the number of

12  out-of-state events taken or the number of out-of-state

13  locations from which such events are taken. This license fee

14  shall be deposited with the Treasurer to the credit of the

15  Pari-mutuel Wagering Trust Fund.

16         (b)  Each permitholder that authorized a maximum tax

17  savings of $500,000 per state fiscal year pursuant to s.

18  550.09514(1) or the greyhound permitholder that had the lowest

19  live handle during the preceding state fiscal year, which

20  cannot utilize the full amount of the exemption of $360,000 or

21  $500,000 provided in s. 550.09514(1) or the daily license fee

22  credit provided in this section, may, after notifying the

23  division in writing, elect once per state fiscal year on a

24  form provided by the division to transfer such exemption or

25  credit or any portion thereof to any greyhound permitholder

26  which acts as a host track to such permitholder for the

27  purpose of intertrack wagering. Once an election to transfer

28  such exemption or credit is filed with the division it shall

29  not be rescinded. The division shall disapprove the credit

30  transfer when the amount of the exemption or credit or portion

31  thereof is unavailable to the transferring permitholder or

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  1  when the permitholder, who is entitled to transfer the

  2  exemption or credit or who is entitled to receive the

  3  exemption or credit, owes taxes to the state pursuant to a

  4  deficiency letter or administrative complaint issued by the

  5  division. Upon approval of the transfer by the division, the

  6  transferred tax exemption or credit shall be effective for the

  7  first performance of the next biweekly pay period as specified

  8  in subsection (5). The exemption or daily license fee credit

  9  transferred to such host track may be applied by such host

10  track against any its taxes and daily license fees imposed by

11  this chapter on live racing as provided in this subsection.

12  The greyhound permitholder host track to which such exemption

13  or daily license fee credit is transferred shall reimburse

14  such permitholder the exact monetary value of such transferred

15  exemption or credit as actually applied against the taxes and

16  daily license fees of the host track. The division shall

17  ensure that all transfers of exemption or credit are made in

18  accordance with this subsection and shall have the authority

19  to adopt rules to ensure the implementation of this section.

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

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

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

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

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

25  conducted during the daily performance.  If a permitholder

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

27  on each performance separately.

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

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

30  of the handle.

31

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  1         (b)1.  The tax on handle for dogracing is 3.6 7.6

  2  percent of the handle, except that for live charity

  3  performances held pursuant to s. 550.0351, and for intertrack

  4  wagering on such charity performances at a guest greyhound

  5  track within the market area of the host, the tax remains 7.6

  6  percent of the handle. and

  7         2.  The tax on handle for jai alai is 7.1 percent of

  8  the handle.

  9         (c)1.  The tax on handle for intertrack wagering is 3.3

10  percent of the handle if the host track is a horse track, 3.6

11  7.6 percent if the host track is a dog track, and 7.1 percent

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

13  for intertrack wagering on rebroadcasts of simulcast

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

15  deposited into the Pari-mutuel Wagering Trust General Revenue

16  Fund.

17         2.  Effective October 1, 1996, The tax on handle for

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

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

20  of which are greyhound permitholders, located in three

21  contiguous counties, from any greyhound permitholder also

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

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

24  games received from the same class of permitholder located

25  within the same market area is 2 6 percent if the host

26  facility is a greyhound permitholder and, if the host facility

27  is a jai alai permitholder, the rate shall be 6.1 percent

28  except that it shall be 2.3 percent on handle at such time as

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

30  permitholder during the current state fiscal year exceeds the

31

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

  2  permitholder during the 1992-1993 state fiscal year.

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

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

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

  6  Any taxes so imposed shall be deposited into the General

  7  Revenue Fund.

  8         (d)  The tax on handle for greyhound simulcast races

  9  received from a location outside the United States is 2

10  percent of the handle.

11         (5)  PAYMENT AND DISPOSITION OF FEES AND

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

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

14  division. The division shall deposit these sums with the

15  Treasurer, to the credit of one-half being credited to the

16  Pari-mutuel Wagering Trust Fund, hereby established, and

17  one-half being credited to the General Revenue Fund. The

18  permitholder shall remit to the division payment for the daily

19  license fee, the admission tax, the tax on handle, and the

20  breaks tax.  Such payments shall be remitted by 3 p.m. Friday

21  of each week for taxes and fees imposed and collected for the

22  preceding Sunday, Monday, and Tuesday, and by 3 p.m. Wednesday

23  of each week for taxes imposed and collected for the preceding

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

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

26  for all taxes remitted during the preceding calendar month.

27  Such payments shall be accompanied by a report under oath

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

29  activities for the preceding calendar month, and such other

30  information as may be prescribed by the division.

31         (6)  PENALTIES.--

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  1         (b)  In addition to the civil penalty prescribed in

  2  paragraph (a), any willful or wanton failure by any

  3  permitholder to make payments of the daily license fee,

  4  admission tax, tax on handle, or breaks tax, or surtax

  5  constitutes sufficient grounds for the division to suspend or

  6  revoke the license of the permitholder, to cancel the permit

  7  of the permitholder, or to deny issuance of any further

  8  license or permit to the permitholder.

  9         Section 4.  Section 550.09514, Florida Statutes, is

10  amended to read:

11         550.09514  Greyhound dogracing taxes; purse

12  requirements.--

13         (1)  Notwithstanding the provisions of s.

14  550.0951(3)(b), Wagering on greyhound racing is subject to a

15  tax on handle for live greyhound racing as specified in s.

16  550.0951(3) at the rate of 7.6 percent of handle. However,

17  each permitholder shall pay no the tax on live or market area

18  greyhound intertrack wagering handle in excess of $100,000 per

19  performance until such time as this subsection has resulted in

20  a tax savings per state fiscal year of $360,000. Thereafter,

21  each permitholder shall pay the tax as specified in s.

22  550.0951(3) provided in this subsection on all handle for the

23  remainder of the permitholder's current race meet, and the tax

24  must be calculated and commence beginning the day after the

25  biweekly period in which the permitholder reaches the maximum

26  tax savings per state fiscal year provided in this section.

27  For the three permitholders which conducted a full schedule of

28  live racing in 1995, and are closest to another state which

29  authorizes greyhound pari-mutuel wagering, the maximum tax

30  savings per state fiscal year shall be $500,000.  The

31  provisions of this subsection relating to tax exemptions shall

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  1  not apply to any charity or scholarship performances conducted

  2  pursuant to s. 550.0351.

  3         (2)(a)  The division shall determine for each greyhound

  4  permitholder the annual purse percentage rate of live handle

  5  for the state fiscal year 1993-1994 by dividing total purses

  6  paid on live handle by the permitholder, exclusive of payments

  7  made from outside sources, during the 1993-1994 state fiscal

  8  year by the permitholder's live handle for the 1993-1994 state

  9  fiscal year. Each permitholder shall pay as purses for live

10  races conducted during its current race meet a percentage of

11  its live handle not less than the percentage determined under

12  this paragraph, exclusive of payments made by outside sources,

13  for its 1993-1994 state fiscal year.

14         (b)1.  Except as otherwise provided herein, in addition

15  to the minimum purse percentage required by paragraph (a),

16  each permitholder shall pay as purses, for fiscal year

17  1996-1997, an amount equal to 75 percent of the permitholder's

18  tax credit pursuant to s. 550.0951(1).

19         2.  Except as otherwise set forth herein, in addition

20  to the minimum purse percentage required by paragraph (a),

21  beginning July 1, 1997, each permitholder shall pay as purses

22  an annual amount equal to 75 percent of the daily license fees

23  paid by each permitholder for the 1994-1995 fiscal year. This

24  purse supplement shall be disbursed weekly during the

25  permitholder's race meet in an amount determined by dividing

26  the annual purse supplement by the number of performances

27  approved for the permitholder pursuant to its annual license

28  and multiplying that amount by the number of performances

29  conducted each week. For the greyhound permitholders in the

30  county where there are two greyhound permitholders located as

31  specified in s. 550.615(6), such permitholders shall pay in

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  1  the aggregate an amount equal to 75 percent of the daily

  2  license fees paid by such permitholders for the 1994-1995

  3  fiscal year. These permitholders shall be jointly and

  4  severally liable for such purse payments.

  5

  6  The additional purses provided by this paragraph must be used

  7  exclusively for purses other than stakes.  The division shall

  8  conduct audits necessary to ensure compliance with this

  9  section.

10         (c)1.  Each greyhound permitholder when conducting at

11  least three live performances during any week shall pay purses

12  in that week on wagers it accepts as a guest track on

13  intertrack and simulcast greyhound races at the same rate as

14  it pays on live races. Each greyhound permitholder when

15  conducting at least three live performances during any week

16  shall pay purses in that week, at the same rate as it pays on

17  live races, on wagers accepted on greyhound races at a guest

18  track which is not conducting live racing and is located

19  within the same market area as the greyhound permitholder

20  conducting at least three live performances during any week.

21         2.  Each host greyhound permitholder shall pay purses

22  on its simulcast and intertrack broadcasts of greyhound races

23  to guest facilities that are located outside its market area

24  in an amount equal to one quarter of an amount determined by

25  subtracting the transmission costs of sending the simulcast or

26  intertrack broadcasts from an amount determined by adding the

27  fees received for greyhound simulcast races plus 3 percent of

28  the greyhound intertrack handle at guest facilities that are

29  located outside the market area of the host and that paid

30  contractual fees to the host for such broadcasts of greyhound

31  races.

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  1         (d)  The division shall require sufficient

  2  documentation from each greyhound permitholder regarding

  3  purses paid on live racing to assure that the annual purse

  4  percentage rates paid by each permitholder on the live races

  5  are not reduced below those paid during the 1993-1994 state

  6  fiscal year. The division shall require sufficient

  7  documentation from each greyhound permitholder to assure that

  8  the purses paid by each permitholder on the greyhound

  9  intertrack and simulcast broadcasts are in compliance with the

10  requirements of paragraph (c).

11         (e)  In addition to the purse requirements of

12  paragraphs (a)-(c), each greyhound permitholder shall pay as

13  purses an amount equal to one-third of the amount of the tax

14  reduction on live and simulcast handle applicable to such

15  permitholder as a result of the reductions in tax rates

16  provided by this act through the amendments to s. 550.0951(3).

17  With respect to intertrack wagering when the host and guest

18  tracks are greyhound permitholders not within the same market

19  area, an amount equal to the tax reduction applicable to the

20  guest track handle as a result of the reduction in tax rate

21  provided by this act through the amendment to s. 550.0951(3)

22  shall be distributed to the guest track, one-third of which

23  amount shall be paid as purses at the guest track. However, if

24  the guest track is a greyhound permitholder within the market

25  area of the host or if the guest track is not a greyhound

26  permitholder, an amount equal to such tax reduction applicable

27  to the guest track handle shall be retained by the host track,

28  one-third of which amount shall be paid as purses at the host

29  track. These purse funds shall be disbursed in the week

30  received if the permitholder conducts at least one live

31  performance during that week. If the permitholder does not

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  1  conduct at least one live performance during the week in which

  2  the purse funds are received, the purse funds shall be

  3  disbursed weekly during the permitholder's next race meet in

  4  an amount determined by dividing the purse amount by the

  5  number of performances approved for the permitholder pursuant

  6  to its annual license, and multiplying that amount by the

  7  number of performances conducted each week. The division shall

  8  conduct audits necessary to ensure compliance with this

  9  paragraph.

10         (f)(e)  Each greyhound permitholder shall, during the

11  permitholder's race meet, supply kennel operators and the

12  Division of Pari-Mutuel Wagering with a weekly report showing

13  purses paid on live greyhound races and all greyhound

14  intertrack and simulcast broadcasts, including both as a guest

15  and a host together with the handle or commission calculations

16  on which such purses were paid and the transmission costs of

17  sending the simulcast or intertrack broadcasts, so that the

18  kennel operators may determine statutory and contractual

19  compliance.

20         (g)(f)  Each greyhound permitholder shall make direct

21  payment of purses to the greyhound owners who have filed with

22  such permitholder appropriate federal taxpayer identification

23  information based on the percentage amount agreed upon between

24  the kennel operator and the greyhound owner.

25         (h)(g)  At the request of a majority of kennel

26  operators under contract with a greyhound permitholder, the

27  permitholder shall make deductions from purses paid to each

28  kennel operator electing such deduction and shall make a

29  direct payment of such deductions to the local association of

30  greyhound kennel operators formed by a majority of kennel

31  operators under contract with the permitholder. The amount of

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  1  the deduction shall be at least 1 percent of purses, as

  2  determined by the local association of greyhound kennel

  3  operators. No deductions may be taken pursuant to this

  4  paragraph without a kennel operator's specific approval before

  5  or after the effective date of this act.

  6         (3)  For the purpose of this section, the term "live

  7  handle" means the handle from wagers placed at the

  8  permitholder's establishment on the live greyhound races

  9  conducted at the permitholder's establishment.

10         Section 5.  Subsections (5) and (6) of section

11  550.09515, Florida Statutes, are amended to read:

12         550.09515  Thoroughbred horse taxes; abandoned interest

13  in a permit for nonpayment of taxes.--

14         (5)  Notwithstanding the provisions of s.

15  550.0951(3)(c), the tax on handle for intertrack wagering on

16  rebroadcasts of simulcast horseraces is 2.4 percent of the

17  handle; provided however, that if the guest track is a

18  throughbred track located more than 35 miles from the host

19  track, the host track shall pay a tax of .5 percent of the

20  handle, and additionally the host track shall pay to the guest

21  track 1.9 percent of the handle to be used by the guest track

22  solely for purses.  The tax shall be deposited into the

23  Pari-mutuel Wagering Trust General Revenue Fund.

24         (6)  Notwithstanding the provisions of s.

25  550.0951(3)(c), the tax on handle is 0.2 percent for

26  intertrack wagering and for intertrack wagering on

27  rebroadcasts of simulcast horseraces for a thoroughbred

28  permitholder that conducts performances during the period

29  beginning March 17 and ending May 22. This subsection applies

30  only to thoroughbred permitholders located in any area of the

31  state where there are three or more thoroughbred permitholders

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  1  within 25 miles of each other.  The tax shall be deposited

  2  into the Pari-mutuel Wagering Trust General Revenue Fund.

  3  Effective July 1, 2001, this subsection is repealed.

  4         Section 6.  Section 550.1647, Florida Statutes, is

  5  created to read:

  6         550.1647  Greyhound permitholders; unclaimed tickets;

  7  breaks.--

  8         (1)  All money or other property represented by any

  9  unclaimed, uncashed, or abandoned pari-mutuel ticket which has

10  remained in the custody of or under the control of any

11  permitholder authorized to conduct greyhound racing

12  pari-mutuel pools in this state for a period of 1 year after

13  the date the pari-mutuel ticket was issued, if the rightful

14  owner or owners thereof have made no claim or demand for such

15  money or other property within that period of time, shall,

16  with respect to live races conducted by the permitholder, and

17  with respect to simulcast greyhound races received by the

18  permitholder, be remitted to the state pursuant to s.

19  550.1645; however, such permitholder shall be entitled to a

20  credit which may be applied against any taxes imposed pursuant

21  to this chapter in the amount of the money or property so

22  remitted.  In addition, each permitholder shall pay, from any

23  source, including the proceeds from performances conducted

24  pursuant to s. 550.0351, an amount not less than 10 percent of

25  the amount of the credit provided by this section to any bona

26  fide organization which promotes or encourages the adoption of

27  greyhounds.

28         (2)  With respect to live greyhound races, the breaks

29  shall be retained by the permitholder conducting the race,

30  and, with respect to simulcast greyhound races, the breaks

31

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  1  shall be retained by the permitholder who receives the

  2  simulcast.

  3         Section 7.  Subsection (6) of section 288.1169, Florida

  4  Statutes, is amended to read:

  5         288.1169  International Game Fish Association World

  6  Center facility; department duties.--

  7         (6)  The Department of Commerce must recertify every 10

  8  years that the facility is open, that the International Game

  9  Fish Association World Center continues to be the only

10  international administrative headquarters, fishing museum, and

11  Hall of Fame in the United States recognized by the

12  International Game Fish Association, and that the project is

13  meeting the minimum projections for attendance or sales tax

14  revenues as required at the time of original certification.

15  If the facility is not recertified during this 10-year review

16  as meeting the minimum projections, then funding will be

17  abated until certification criteria are met.  If the project

18  fails to generate $1 million of annual revenues pursuant to

19  paragraph (2)(e), the distribution of revenues pursuant to s.

20  212.20(6)(f)5.d.c. shall be reduced to an amount equal to

21  $83,333 multiplied by a fraction, the numerator of which is

22  the actual revenues generated and the denominator of which is

23  $1 million.  Such reduction shall remain in effect until

24  revenues generated by the project in a 12-month period equal

25  or exceed $1 million.

26         Section 8.  Paragraph (g) of subsection (13) of section

27  849.086, Florida Statutes, is amended to read:

28         849.086  Cardrooms authorized.--

29         (13)  TAXES AND OTHER PAYMENTS.--

30         (g)  All of the moneys deposited in the Pari-mutuel

31  Wagering Trust Fund, except as set forth in paragraph (h),

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  1  shall be utilized and distributed in the manner specified in

  2  s. 550.135(1)(3) and (2)(4).  However, cardroom tax revenues

  3  shall be kept separate from pari-mutuel tax revenues and shall

  4  not be used for making the disbursement to counties provided

  5  in s. 212.20(6)(f)5.a. 550.135(1).

  6         Section 9.  This act shall take effect July 1, 2000.

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