HB 1047

1
A bill to be entitled
2An act relating to a tax on revenues from slot machines;
3amending s. 849.16, F.S.; imposing a tax on revenues from
4slot machines located in certain pari-mutuel facilities
5located in Broward County, as authorized by Section 23 of
6Article X of the State Constitution; defining the term
7"slot-machine revenues"; providing for remitting the tax
8proceeds periodically to the Department of Revenue;
9providing for rulemaking by the department; requiring the
10tax proceeds to be deposited in the State School Trust
11Fund and used to supplement public education funding;
12providing for the distribution of the tax proceeds;
13providing penalties for a failure to timely pay the tax on
14slot-machine revenues; requiring that the Department of
15Revenue coordinate with the Division of Pari-mutuel
16Wagering in enforcement actions; requiring the division to
17adopt rules governing suppliers and operators of slot
18machines; providing that, except for the provisions of
19this act, ch. 849, F.S., does not apply to a licensed
20pari-mutuel facility in Broward County which qualifies
21under Section 23 of Article X of the State Constitution to
22operate slot machines, if specified conditions are met;
23regulating the operating hours, number of slot machines
24allowed, and use of automated teller machines at affected
25facilities; providing an effective date.
26
27     WHEREAS, the voters of the State of Florida approved
28Section 23 of Article X of the State Constitution on November 4,
292004, and
30     WHEREAS, Section 23 of Article X of the State Constitution
31allows the Legislature to regulate and tax the slot-machine
32proceeds to supplement funds for education, and
33     WHEREAS, the Florida Legislature desires to create a
34regulatory structure that provides for the taxation of slot-
35machine proceeds for the benefit of public education, NOW,
36THEREFORE,
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsections (3), (4), and (5) are added to
41section 849.16, Florida Statutes, to read:
42     849.16  Machines or devices which come within provisions of
43law defined.--
44     (3)(a)  A licensed pari-mutuel facility that conducts slot
45machine gaming in Broward County, as authorized by s. 23, Art. X
46of the State Constitution, shall pay to the state a tax of 35
47percent of slot-machine revenues for the purpose of
48supplementing public education funding. As used in this
49subsection, the term "slot-machine revenues" means the total of
50all cash and property received by the licensed pari-mutuel
51facility from slot machine gaming minus the amount of cash, cash
52equivalents, credits, and prizes paid to winners.
53     (b)  The pari-mutuel facility shall remit the tax proceeds
54at the end of each month to the Department of Revenue in such a
55form and fashion as set forth by the department. The Department
56of Revenue shall adopt rules for collecting and auditing the tax
57proceeds remitted under this paragraph.
58     (c)  The funds collected by the Department of Revenue under
59paragraph (b) shall be deposited in the State School Trust Fund
60to supplement public education funding. The revenues from slot
61machines which have been deposited into the trust fund shall be
62distributed to the counties annually through the General
63Appropriations Act as follows:
64     1.  To offset the effect of slot machines, Broward County
65shall receive $75 per full-time equivalent student enrolled
66within the county.
67     2.  The slot-machine revenues that remain after the
68distribution authorized under subparagraph 1. shall be
69distributed in accordance with the Florida Education Finance
70Program as determined by the General Appropriations Act to all
71counties, including Broward County.
72     (d)  The failure to timely pay the tax on slot-machine
73revenues shall subject the licensed permitholder to enforcement
74by the Division of Pari-mutuel Wagering and to penalties set
75forth in s. 550.0951. The Department of Revenue shall coordinate
76with the Division of Pari-mutuel Wagering in bringing
77enforcement actions under this paragraph.
78     (e)  The Division of Pari-mutuel Wagering shall adopt rules
79governing licensure and regulation of the suppliers of slot
80machines to the authorized pari-mutuel facilities and of the
81operators of those slot machines.
82     (4)  Except for subsection (3) and this subsection, this
83chapter may not be construed, interpreted, or applied to any
84licensed pari-mutuel facility in Broward County which qualifies
85under s. 23, Art. X of the State Constitution to operate slot
86machines if the pari-mutuel facility complies with the payment
87of taxes under this section.
88     (5)  A pari-mutuel facility that is subject to this section
89may:
90     (a)  Remain open and operate slot machines and allow gaming
9124 hours a day, 7 days a week;
92     (b)  Place an unlimited number of slot machines on the
93gambling floor; and
94     (c)  Place automated teller machines on the premises,
95except on the gambling floor.
96     Section 2.  This act shall take effect upon becoming a law.


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