Senate Bill sb0218

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    Florida Senate - 2007                                   SB 218

    By Senator Geller





    31-230-07

  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, as authorized by Section 23 of

  7         Article X of the State Constitution; defining

  8         the term "slot-machine revenues"; providing for

  9         remitting the tax proceeds periodically to the

10         Department of Revenue; providing for rulemaking

11         by the department; requiring the tax proceeds

12         to be deposited in the State School Trust Fund

13         and used to supplement public education

14         funding; providing for the distribution of the

15         tax proceeds; providing penalties for a failure

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

17         requiring that the Department of Revenue

18         coordinate with the Division of Pari-mutuel

19         Wagering in enforcement actions; requiring the

20         division to adopt rules governing suppliers and

21         operators of slot machines; providing that,

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

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

24         facility in Broward County which qualifies

25         under Section 23 of Article X of the State

26         Constitution to operate slot machines, if

27         specified conditions are met; regulating the

28         operating hours, number of slot machines

29         allowed, and use of automated teller machines

30         at affected facilities; providing an effective

31         date.

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    Florida Senate - 2007                                   SB 218
    31-230-07




 1  

 2         WHEREAS, the voters of the State of Florida approved

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

 4  4, 2004, and

 5         WHEREAS, Section 23 of Article X of the State

 6  Constitution allows the Legislature to regulate and tax the

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

 8         WHEREAS, the Florida Legislature desires to create a

 9  regulatory structure that provides for the taxation of

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

11  NOW, THEREFORE,

12  

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

14  

15         Section 1.  Subsections (3), (4), and (5) are added to

16  section 849.16, Florida Statutes, to read:

17         849.16  Machines or devices which come within

18  provisions of law defined.--

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

20  slot machine gaming in Broward County, as authorized by s. 23,

21  Art. X of the State Constitution, shall pay to the state a tax

22  of 35 percent of slot-machine revenues for the purpose of

23  supplementing public education funding. As used in this

24  subsection, the term "slot-machine revenues" means the total

25  of all cash and property received by the licensed pari-mutuel

26  facility from slot machine gaming minus the amount of cash,

27  cash equivalents, credits, and prizes paid to winners.

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

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

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

31  

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    Florida Senate - 2007                                   SB 218
    31-230-07




 1  The Department of Revenue shall adopt rules for collecting and

 2  auditing the tax proceeds remitted under this paragraph.

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

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

 5  Trust Fund to supplement public education funding.  The

 6  revenues from slot machines which have been deposited into the

 7  trust fund shall be distributed to the counties annually

 8  through the General Appropriations Act as follows:

 9         1.  To offset the effect of slot machines, Broward

10  County shall receive $75 per full-time equivalent student

11  enrolled within the county.

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

13  distribution authorized under subparagraph 1. shall be

14  distributed in accordance with the Florida Education Finance

15  Program as determined by the General Appropriations Act to all

16  counties, including Broward County.

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

18  revenues shall subject the licensed permitholder to

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

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

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

22  bringing enforcement actions under this paragraph.

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

24  rules governing licensure and regulation of the suppliers of

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

26  the operators of those slot machines.

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

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

29  any licensed pari-mutuel facility in Broward County which

30  qualifies under s. 23, Art. X of the State Constitution to

31  

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    Florida Senate - 2007                                   SB 218
    31-230-07




 1  operate slot machines if the pari-mutuel facility complies

 2  with the payment of taxes under this section.

 3         (5)  A pari-mutuel facility, that is subject to this

 4  section may:

 5         (a)  Remain open and operate slot machines and allow

 6  gaming 24 hours a day, 7 days a week;

 7         (b)  Place an unlimited number of slot machines on the

 8  gambling floor; and

 9         (c)  Place automated teller machines on the premises,

10  except on the gambling floor.

11         Section 2.  This act shall take effect upon becoming a

12  law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Imposes a tax on revenues from slot machines located in
      certain pari-mutuel facilities located in Broward County,
17    as authorized by Section 23 of Article X of the State
      Constitution. Defines the term "slot-machine revenues."
18    Provides for remitting the tax proceeds monthly to the
      Department of Revenue. Provides for rulemaking by the
19    department. Requires that the tax proceeds be deposited
      in the State School Trust Fund and used to supplement
20    public education funding. Provides for the distribution
      of the tax proceeds. Provides penalties for a failure to
21    timely pay the tax on slot-machine revenues. Requires
      that the Department of Revenue coordinate with the
22    Division of Pari-mutuel Wagering in enforcement actions.
      Requires the division to adopt rules governing suppliers
23    and operators of slot machines. Provides that, except for
      the provisions created by this act, ch. 849, F.S., does
24    not apply to a licensed pari-mutuel facility in Broward
      County which qualifies under Section 23 of Article X of
25    the State Constitution to operate slot machines if
      specified conditions are met. Permits affected facilities
26    to operate continuously, have an unlimited number of slot
      machines on the gaming floor, and place automated teller
27    machines on the premises.

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