Florida Senate - 2008 CS for CS for SB 970
By the Committees on Finance and Tax; Regulated Industries; and Senator Geller
593-04549-08 2008970c2
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A bill to be entitled
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An act relating to slot machine revenues; amending s.
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551.106, F.S.; revising the tax rate on slot machine
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revenues at pari-mutuel facilities; requiring certain
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licensees to pay a pro rata share of the shortfall in
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taxes paid on slot machine tax revenues under certain
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conditions; providing a percentage cap on the payment of
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taxes on slot machine revenues; providing for the
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expiration of the revised tax rate; providing a tax rate
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on certain Class III gaming on Indian reservations if
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commenced; providing a tax rate on video lottery
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terminals, electronic gaming, Class II or Class III gaming
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at pari-mutual facilities if authorized by the state;
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revising the dates for remitting payment of slot machine
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tax revenues; amending s. 551.116, F.S.; providing hours
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of operation for sales of alcoholic beverages in slot
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machine gaming areas; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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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 under
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paragraph (a) from facilities located in Broward County which
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operated for any portion of the 2007-2008 state fiscal year do
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not meet or exceed a cumulative amount of $123 million from the
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slot machine licensees in each state fiscal year, an additional
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amount shall be paid by each slot machine licensee that conducted
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slot machine gaming in such year which is sufficient to make the
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total tax under paragraph (a) and this paragraph equal $123
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million per year. The additional amount paid by each licensee
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shall be based upon the licensee's pro rata share of the total
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taxes paid on slot machine revenues in such year pursuant to
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paragraph (a). However, a licensee is not required to pay taxes
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due for a state fiscal year under paragraph (a) and this
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paragraph in an amount greater than 50 percent of its slot
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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 licensees
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operating less than an entire fiscal year, the $41-million amount
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shall be prorated based on the number of days of operation.
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However, a licensee is not required to pay taxes due for a state
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fiscal year under paragraph (a) and this paragraph in an amount
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greater than 50 percent of its slot machine 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 reservation,
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the tax rate under this section shall be 35 percent,
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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 by
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the Indian Gaming and Regulatory Act, at pari-mutuel facilities
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in any county in this state, the tax rate shall be the lesser of
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35 percent or the tax rate established for such pari-mutuel
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facilities, notwithstanding paragraphs (b) and (c).
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(f)(b) The slot machine revenue tax imposed by this section
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shall be paid to the division for deposit into the Pari-mutuel
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Wagering Trust Fund for immediate transfer by the Chief Financial
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Officer for deposit into the Educational Enhancement Trust Fund
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of the Department of Education. Any interest earnings on the tax
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revenues shall also be transferred to the Educational Enhancement
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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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funds transferred to the Educational Enhancement Trust Fund under
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paragraph (f) (b) shall first be available to pay debt service on
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lottery bonds issued to fund school construction in the event
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lottery revenues are insufficient for such purpose or to satisfy
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debt service reserve requirements established in connection with
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lottery bonds. Moneys available pursuant to this subparagraph are
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subject to annual appropriation by the 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 by
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this section shall be paid to the division. The division shall
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deposit these sums with the Chief Financial Officer, to the
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credit of the Pari-mutuel Wagering Trust Fund. The slot machine
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licensee shall remit to the division payment for the tax on slot
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machine revenues. Such payments shall be remitted by 3 p.m. on
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the 5th day of each calendar month Wednesday of each week for
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taxes imposed and collected for the preceding calendar month week
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ending on Sunday. If the 5th day of the calendar month falls on a
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weekend or a state holiday, payments shall be remitted by 3 p.m.
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on the first Monday following the weekend or on the first Tuesday
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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 remitted
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during the preceding calendar month. Such payments shall be
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accompanied by a report under oath showing all slot machine
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gaming activities for the preceding calendar month and such other
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information as may be prescribed by the division.
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Section 2. Section 551.116, Florida Statutes, is amended to
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read:
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551.116 Days and hours of operation.--Slot machine gaming
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areas may be open daily throughout the year. The slot machine
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gaming areas, including sales of alcoholic beverages, may be open
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a cumulative amount of 18 hours per day on Monday through Friday
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and 24 hours per day on Saturday and Sunday and on those holidays
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specified in s. 110.117(1), and such hours of operation are not
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subject to other regulation.
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Section 3. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.