Senate Bill sb1342

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    Florida Senate - 2005                                  SB 1342

    By Senator Geller





    31-272B-05

  1                      A bill to be entitled

  2         An act relating to a tax on revenues from slot

  3         machines; amending s. 849.16, F.S.; imposing a

  4         tax on revenues from slot machines located in

  5         certain pari-mutuel facilities located in

  6         Broward County or Miami-Dade County, as

  7         authorized by Section 23 of Article X of the

  8         State Constitution; defining the term

  9         "slot-machine revenues"; providing for

10         remitting the tax proceeds periodically to the

11         Department of Revenue; providing for rulemaking

12         by the department; requiring the tax proceeds

13         to be deposited in the State School Trust Fund

14         and used to supplement public education

15         funding; providing for the distribution of the

16         tax proceeds; providing penalties for a failure

17         to timely pay the tax on slot-machine revenues;

18         requiring that the Department of Revenue

19         coordinate with the Division of Pari-mutuel

20         Wagering in enforcement actions; requiring the

21         division to adopt rules governing suppliers and

22         operators of slot machines; providing that,

23         except for the provisions of this act, ch. 849,

24         F.S., does not apply to a licensed pari-mutuel

25         facility in Miami-Dade County or Broward County

26         which qualifies under Section 23 of Article X

27         of the State Constitution to operate slot

28         machines, if specified conditions are met;

29         providing a contingency to the effective date

30         of the tax; providing an effective date.

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    Florida Senate - 2005                                  SB 1342
    31-272B-05




 1         WHEREAS, the voters of the State of Florida approved

 2  Section 23 of Article X of the State Constitution on November

 3  4, 2004, and

 4         WHEREAS, Section 23 of Article X of the State

 5  Constitution authorizes Miami-Dade and Broward Counties to

 6  have a local referendum on whether to allow slot machines at

 7  existing pari-mutuel facilities within their respective

 8  counties, and

 9         WHEREAS, Section 23 of Article X of the State

10  Constitution calls for the Florida Legislature to enact

11  regulations for slot machines in the 2005 Legislative Session,

12  and

13         WHEREAS, Section 23 of Article X of the State

14  Constitution allows the Legislature to regulate and tax the

15  slot-machine proceeds to supplement funds for education, and

16         WHEREAS, the Florida Legislature desires to create a

17  regulatory structure that provides for the taxation of

18  slot-machine proceeds for the benefit of public education,

19  NOW, THEREFORE,

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

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23         Section 1.  Subsections (3) and (4) are added to

24  section 849.16, Florida Statutes, to read:

25         849.16  Machines or devices which come within

26  provisions of law defined.--

27         (3)(a)  A licensed pari-mutuel facility that conducts

28  slot machine gaming in Broward County or Miami-Dade County, as

29  authorized by s. 23, Art. X of the State Constitution, shall

30  pay to the state a tax of 30 percent of slot-machine revenues

31  for the purpose of supplementing public education funding. As

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    Florida Senate - 2005                                  SB 1342
    31-272B-05




 1  used in this subsection, the term "slot-machine revenues"

 2  means the total of all cash and property received by the

 3  licensed pari-mutuel facility from slot machine gaming minus

 4  the amount of cash, cash equivalents, credits, and prizes paid

 5  to winners.

 6         (b)  The pari-mutuel facility shall remit the tax

 7  proceeds at the end of each month to the Department of Revenue

 8  in such a form and fashion as set forth by the department.

 9  The Department of Revenue shall adopt rules for the collection

10  and auditing of the tax proceeds remitted under this

11  paragraph.

12         (c)  The funds collected by the Department of Revenue

13  under paragraph (b) shall be deposited in the State School

14  Trust Fund for the purpose of supplementing public education

15  funding.  The revenues from slot machines which have been

16  deposited into the trust fund shall be distributed to the

17  counties annually through the General Appropriations Act as

18  follows:

19         1.  To offset the impact of slot machines to their

20  respective areas, Broward County and Miami-Dade County shall

21  receive $75 per full-time equivalent student enrolled within

22  the respective county.

23         2.  The slot-machine revenues that remain after the

24  distribution authorized under subparagraph 1. shall be

25  distributed in accordance with the Florida Education Finance

26  Program as determined by the General Appropriations Act to all

27  counties including Miami-Dade County and Broward County.

28         (d)  The failure to timely pay the tax on slot-machine

29  revenues shall subject the licensed permitholder to

30  enforcement by the Division of Pari-mutuel Wagering and to

31  penalties set forth in s. 550.0951.  The Department of Revenue

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    Florida Senate - 2005                                  SB 1342
    31-272B-05




 1  shall coordinate with the Division of Pari-mutuel Wagering in

 2  bringing an enforcement action under this paragraph.

 3         (e)  The Division of Pari-mutuel Wagering shall adopt

 4  rules governing licensure and regulation of the suppliers of

 5  slot machines to the authorized pari-mutuel facilities and of

 6  the operators of those slot machines.

 7         (4)  Except for subsection (3) and this subsection,

 8  this chapter may not be construed, interpreted, or applied to

 9  any licensed pari-mutuel facility in Miami-Dade County or

10  Broward County which qualifies under s. 23, Art. X of the

11  State Constitution to operate slot machines, if:

12         1.  The voters in the respective county have approved

13  at referendum the question whether slot machines shall be

14  authorized within that county; and

15         2.  The pari-mutuel facility complies with the payment

16  of taxes under this subsection.

17         Section 2.  This act shall take effect July 1, 2005;

18  however, the tax authorized under Section 23 of Article X of

19  the State Constitution may be levied only upon approval by

20  majority vote of the voters of Broward County or Miami-Dade

21  County in a countywide referendum held in their respective

22  counties.

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    Florida Senate - 2005                                  SB 1342
    31-272B-05




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 2                          SENATE SUMMARY

 3    Imposes a tax on revenues from slot machines located in
      certain pari-mutuel facilities located in Broward County
 4    or Miami-Dade County, as authorized by Section 23 of
      Article X of the State Constitution. Defines the term
 5    "slot-machine revenues." Provides for remitting the tax
      proceeds monthly to the Department of Revenue. Provides
 6    for rulemaking by the department. Requires the tax
      proceeds to be deposited in the State School Trust Fund
 7    and used to supplement public education funding. Provides
      for the distribution of the tax proceeds. Provides
 8    penalties for a failure to timely pay the tax on
      slot-machine revenues. Requires that the Department of
 9    Revenue coordinate with the Division of Pari-mutuel
      Wagering in enforcement actions. Requires the division to
10    adopt rules governing suppliers and operators of slot
      machines. Provides that, except for the provisions
11    created by this act, ch. 849, F.S., does not apply to a
      licensed pari-mutuel facility in Miami-Dade County or
12    Broward County which qualifies under Section 23 of
      Article X of the State Constitution to operate slot
13    machines, if specified conditions are met. Provides a
      contingency to the effective date of the tax.
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