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The Committee on Finance and Tax (Geller) recommended the

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following amendment:

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     Senate Amendment (with title amendments)

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     Delete line(s) 15-51

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and insert:

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     Section 1.  Subsections (2) and (3) of section 551.106,

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Florida Statutes, are amended to read:

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     551.106  License fee; tax rate; penalties.--

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     (2)  TAX ON SLOT MACHINE REVENUES.--

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     (a)  The tax rate on slot machine revenues at each facility

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shall be 35 50 percent.

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     (b) Beginning July 1, 2008, if the total tax revenues

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under paragraph (a) from facilities located in Broward County

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which operated for any portion of the 2007-2008 state fiscal

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year do not meet or exceed a cumulative amount of $123 million

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from the slot machine licensees in each state fiscal year, an

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additional amount shall be paid by each slot machine licensee

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that conducted slot machine gaming in such year which is

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sufficient to make the total tax under paragraph (a) and this

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paragraph equal $123 million per year. The additional amount to

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be paid by each licensee shall be based upon each licensee's pro

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rata share of the total taxes paid on slot machine revenues in

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such year pursuant to paragraph (a). However, a licensee is not

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required to pay taxes due for a state fiscal year under

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paragraph (a) and this paragraph in an amount greater than 50

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percent of its slot machine revenues.

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     (c) Beginning July 1, 2008, each slot machine licensee

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other than those licensees that are subject to paragraph (b),

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shall pay a tax on slot machine revenues equal to the greater of

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35 percent of slot machine revenues or $41 million in cumulative

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slot machine tax revenue in each state fiscal year. For

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licensees operating less than an entire fiscal year, the $41-

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million amount shall be prorated based on the number of days of

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operation. However, a licensee is not required to pay taxes due

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for a state fiscal year under paragraph (a) and this paragraph

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in an amount greater than 50 percent of its slot machine

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revenues.

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     (d) Paragraphs (b) and (c) expire July 1, 2012.

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     (e)1. If Class III gaming, other than slot machine gaming,

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as defined by the Indian Gaming and Regulatory Act, is commenced

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in Broward County or Miami-Dade County on any Indian

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reservation, the tax rate under this section shall be 35

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percent, notwithstanding paragraphs (b) and (c).

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     2. If the state authorizes video lottery terminals,

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electronic gaming, or Class II or Class III gaming, as defined

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by the Indian Gaming and Regulatory Act, at pari-mutuel

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facilities in any county in this state, the tax rate shall be

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the lesser of 35 percent or the tax rate established for such

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pari-mutuel facilities, notwithstanding paragraphs (b) and (c).

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     (f)(b) The slot machine revenue tax imposed by this

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section shall be paid to the division for deposit into the Pari-

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mutuel Wagering Trust Fund for immediate transfer by the Chief

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Financial Officer for deposit into the Educational Enhancement

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Trust Fund of the Department of Education. Any interest earnings

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on the tax revenues shall also be transferred to the Educational

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Enhancement Trust Fund.

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     (g)(c)1. Funds transferred to the Educational Enhancement

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Trust Fund under paragraph (f) (b) shall be used to supplement

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public education funding statewide.

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     2.  If necessary to comply with any covenant established

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pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),

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funds transferred to the Educational Enhancement Trust Fund

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under paragraph (f) (b) shall first be available to pay debt

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service on lottery bonds issued to fund school construction in

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the event lottery revenues are insufficient for such purpose or

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to satisfy debt service reserve requirements established in

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connection with lottery bonds. Moneys available pursuant to this

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subparagraph are subject to annual appropriation by the

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Legislature.

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     (3)  PAYMENT AND DISPOSITION OF TAXES.--

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     (a) Payment for the tax on slot machine revenues imposed

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by this section shall be paid to the division. The division

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shall deposit these sums with the Chief Financial Officer, to

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the credit of the Pari-mutuel Wagering Trust Fund. The slot

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machine licensee shall remit to the division payment for the tax

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on slot machine revenues. Such payments shall be remitted by 3

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p.m. on the 5th day of each calendar month Wednesday of each

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week for taxes imposed and collected for the preceding calendar

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month week ending on Sunday. If the 5th day of the calendar

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month falls on a weekend or a state holiday, payments shall be

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remitted by 3 p.m. on the first Monday following the weekend or

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on the first Tuesday if the first Monday is a state holiday

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     (b) Each licensee shall pay any amounts due as provided in

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paragraph (2)(b) or paragraph (2)(c) on or before July 31

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immediately following the end of the fiscal year.

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     (c) The slot machine licensee shall file a report under

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oath by the 5th day of each calendar month for all taxes

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remitted during the preceding calendar month. Such payments

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shall be accompanied by a report under oath showing all slot

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machine gaming activities for the preceding calendar month and

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such other information as may be prescribed by the division.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 8, after the first semicolon

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insert:

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providing for the expiration of the revised tax rate;

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providing a tax rate on certain Class III gaming on Indian

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reservations if commenced; providing a tax rate on video

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lottery terminals, electronic gaming, Class II or Class

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III gaming at pari-mutual facilities if authorized by the

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state; revising the dates for payment of slot machine tax

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revenues;

3/6/2008  5:59:00 PM     593-04543-08