1 | A bill to be entitled |
2 | An act relating to a tax on revenues from slot machines; |
3 | amending s. 849.16, F.S.; imposing a tax on revenues from |
4 | slot machines located in certain pari-mutuel facilities |
5 | located in Broward County, as authorized by Section 23 of |
6 | Article X of the State Constitution; defining the term |
7 | "slot-machine revenues"; providing for remitting the tax |
8 | proceeds periodically to the Department of Revenue; |
9 | providing for rulemaking by the department; requiring the |
10 | tax proceeds to be deposited in the State School Trust |
11 | Fund and used to supplement public education funding; |
12 | providing for the distribution of the tax proceeds; |
13 | providing penalties for a failure to timely pay the tax on |
14 | slot-machine revenues; requiring that the Department of |
15 | Revenue coordinate with the Division of Pari-mutuel |
16 | Wagering in enforcement actions; requiring the division to |
17 | adopt rules governing suppliers and operators of slot |
18 | machines; providing that, except for the provisions of |
19 | this act, ch. 849, F.S., does not apply to a licensed |
20 | pari-mutuel facility in Broward County which qualifies |
21 | under Section 23 of Article X of the State Constitution to |
22 | operate slot machines, if specified conditions are met; |
23 | regulating the operating hours, number of slot machines |
24 | allowed, and use of automated teller machines at affected |
25 | facilities; providing an effective date. |
26 |
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27 | WHEREAS, the voters of the State of Florida approved |
28 | Section 23 of Article X of the State Constitution on November 4, |
29 | 2004, and |
30 | WHEREAS, Section 23 of Article X of the State Constitution |
31 | allows the Legislature to regulate and tax the slot-machine |
32 | proceeds to supplement funds for education, and |
33 | WHEREAS, the Florida Legislature desires to create a |
34 | regulatory structure that provides for the taxation of slot- |
35 | machine proceeds for the benefit of public education, NOW, |
36 | THEREFORE, |
37 |
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38 | Be It Enacted by the Legislature of the State of Florida: |
39 |
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40 | Section 1. Subsections (3), (4), and (5) are added to |
41 | section 849.16, Florida Statutes, to read: |
42 | 849.16 Machines or devices which come within provisions of |
43 | law defined.-- |
44 | (3)(a) A licensed pari-mutuel facility that conducts slot |
45 | machine gaming in Broward County, as authorized by s. 23, Art. X |
46 | of the State Constitution, shall pay to the state a tax of 35 |
47 | percent of slot-machine revenues for the purpose of |
48 | supplementing public education funding. As used in this |
49 | subsection, the term "slot-machine revenues" means the total of |
50 | all cash and property received by the licensed pari-mutuel |
51 | facility from slot machine gaming minus the amount of cash, cash |
52 | equivalents, credits, and prizes paid to winners. |
53 | (b) The pari-mutuel facility shall remit the tax proceeds |
54 | at the end of each month to the Department of Revenue in such a |
55 | form and fashion as set forth by the department. The Department |
56 | of Revenue shall adopt rules for collecting and auditing the tax |
57 | proceeds remitted under this paragraph. |
58 | (c) The funds collected by the Department of Revenue under |
59 | paragraph (b) shall be deposited in the State School Trust Fund |
60 | to supplement public education funding. The revenues from slot |
61 | machines which have been deposited into the trust fund shall be |
62 | distributed to the counties annually through the General |
63 | Appropriations Act as follows: |
64 | 1. To offset the effect of slot machines, Broward County |
65 | shall receive $75 per full-time equivalent student enrolled |
66 | within the county. |
67 | 2. The slot-machine revenues that remain after the |
68 | distribution authorized under subparagraph 1. shall be |
69 | distributed in accordance with the Florida Education Finance |
70 | Program as determined by the General Appropriations Act to all |
71 | counties, including Broward County. |
72 | (d) The failure to timely pay the tax on slot-machine |
73 | revenues shall subject the licensed permitholder to enforcement |
74 | by the Division of Pari-mutuel Wagering and to penalties set |
75 | forth in s. 550.0951. The Department of Revenue shall coordinate |
76 | with the Division of Pari-mutuel Wagering in bringing |
77 | enforcement actions under this paragraph. |
78 | (e) The Division of Pari-mutuel Wagering shall adopt rules |
79 | governing licensure and regulation of the suppliers of slot |
80 | machines to the authorized pari-mutuel facilities and of the |
81 | operators of those slot machines. |
82 | (4) Except for subsection (3) and this subsection, this |
83 | chapter may not be construed, interpreted, or applied to any |
84 | licensed pari-mutuel facility in Broward County which qualifies |
85 | under s. 23, Art. X of the State Constitution to operate slot |
86 | machines if the pari-mutuel facility complies with the payment |
87 | of taxes under this section. |
88 | (5) A pari-mutuel facility that is subject to this section |
89 | may: |
90 | (a) Remain open and operate slot machines and allow gaming |
91 | 24 hours a day, 7 days a week; |
92 | (b) Place an unlimited number of slot machines on the |
93 | gambling floor; and |
94 | (c) Place automated teller machines on the premises, |
95 | except on the gambling floor. |
96 | Section 2. This act shall take effect upon becoming a law. |