| 1 | Representative Plakon offered the following: |
| 2 |
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| 3 | Amendment to Amendment (295170) (with title amendment) |
| 4 | Remove lines 114-330 and insert: |
| 5 | Section 4. Subsection (1) of section 550.0951, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 550.0951 Payment of daily license fee and taxes; |
| 8 | penalties.- |
| 9 | (1)(a) DAILY LICENSE FEE.-Each person engaged in the |
| 10 | business of conducting race meetings or jai alai games under |
| 11 | this chapter, hereinafter referred to as the "permitholder," |
| 12 | "licensee," or "permittee," shall pay to the division, for the |
| 13 | use of the division, a daily license fee on each live or |
| 14 | simulcast pari-mutuel event of $100 for each horserace and $80 |
| 15 | for each dograce and $40 for each jai alai game conducted at a |
| 16 | racetrack or fronton licensed under this chapter. In addition to |
| 17 | the tax exemption specified in s. 550.09514(1) of $360,000 or |
| 18 | $500,000 per greyhound permitholder per state fiscal year, each |
| 19 | greyhound permitholder shall receive in the current state fiscal |
| 20 | year a tax credit equal to the number of live greyhound races |
| 21 | conducted in the previous state fiscal year times the daily |
| 22 | license fee specified for each dograce in this subsection |
| 23 | applicable for the previous state fiscal year. This tax credit |
| 24 | and the exemption in s. 550.09514(1) shall be applicable to any |
| 25 | tax imposed by this chapter or the daily license fees imposed by |
| 26 | this chapter except during any charity or scholarship |
| 27 | performances conducted pursuant to s. 550.0351. Each |
| 28 | permitholder shall pay daily license fees not to exceed $500 per |
| 29 | day on any simulcast races or games on which such permitholder |
| 30 | accepts wagers regardless of the number of out-of-state events |
| 31 | taken or the number of out-of-state locations from which such |
| 32 | events are taken. This license fee shall be deposited with the |
| 33 | Chief Financial Officer to the credit of the Pari-mutuel |
| 34 | Wagering Trust Fund. |
| 35 | (b) Each permitholder that cannot utilize the full amount |
| 36 | of the exemption of $360,000 or $500,000 provided in s. |
| 37 | 550.09514(1) or the daily license fee credit provided in this |
| 38 | section may, after notifying the division in writing, elect once |
| 39 | per state fiscal year on a form provided by the division, to |
| 40 | transfer such exemption or credit or any portion thereof to any |
| 41 | greyhound permitholder which acts as a host track to such |
| 42 | permitholder for the purpose of intertrack wagering. Once an |
| 43 | election to transfer such exemption or credit is filed with the |
| 44 | division, it shall not be rescinded. The division shall |
| 45 | disapprove the transfer when the amount of the exemption or |
| 46 | credit or portion thereof is unavailable to the transferring |
| 47 | permitholder or when the permitholder who is entitled to |
| 48 | transfer the exemption or credit or who is entitled to receive |
| 49 | the exemption or credit owes taxes to the state pursuant to a |
| 50 | deficiency letter or administrative complaint issued by the |
| 51 | division. Upon approval of the transfer by the division, the |
| 52 | transferred tax exemption or credit shall be effective for the |
| 53 | first performance of the next payment period as specified in |
| 54 | subsection (5). The exemption or credit transferred to such host |
| 55 | track may be applied by such host track against any taxes |
| 56 | imposed by this chapter or daily license fees imposed by this |
| 57 | chapter. The greyhound permitholder host track to which such |
| 58 | exemption or credit is transferred shall reimburse such |
| 59 | permitholder the exact monetary value of such transferred |
| 60 | exemption or credit as actually applied against the taxes and |
| 61 | daily license fees of the host track. The division shall ensure |
| 62 | that all transfers of exemption or credit are made in accordance |
| 63 | with this subsection and shall have the authority to adopt rules |
| 64 | to ensure the implementation of this section. |
| 65 | Section 5. Subsection (1) and paragraphs (b), (c), and (e) |
| 66 | of subsection (2) of section 550.09514, Florida Statutes, are |
| 67 | amended to read: |
| 68 | 550.09514 Greyhound dogracing taxes; purse requirements.- |
| 69 | (1)(a) Wagering on greyhound racing is subject to a tax on |
| 70 | handle for live greyhound racing as specified in s. 550.0951(3). |
| 71 | However, each permitholder shall pay no tax on handle until such |
| 72 | time as this subsection has resulted in a tax savings per state |
| 73 | fiscal year of $360,000. Thereafter, each permitholder shall pay |
| 74 | the tax as specified in s. 550.0951(3) on all handle for the |
| 75 | remainder of the permitholder's current race meet. For the three |
| 76 | permitholders that conducted a full schedule of live racing in |
| 77 | 1995, and are closest to another state that authorizes greyhound |
| 78 | pari-mutuel wagering, the maximum tax savings per state fiscal |
| 79 | year shall be $500,000. The provisions of this subsection |
| 80 | relating to tax exemptions shall not apply to any charity or |
| 81 | scholarship performances conducted pursuant to s. 550.0351. |
| 82 | (b) Each permitholder licensed to conduct at least 100 |
| 83 | live performances of at least eight races during a fiscal year |
| 84 | who cannot use the full amount of the exemption of $360,000 or |
| 85 | $500,000 provided in paragraph (a) or the daily license fee |
| 86 | credit provided in s. 550.0951(1) may, at any time after |
| 87 | notifying the division in writing on a form provided by the |
| 88 | division, transfer such exemption or credit or any portion |
| 89 | thereof to any greyhound permitholder that acts as a host track |
| 90 | to such permitholder for the purpose of intertrack wagering. |
| 91 | Once an election to transfer such exemption or credit is filed |
| 92 | with the division, it may not be rescinded. The division shall |
| 93 | disapprove the transfer when the amount of the exemption or |
| 94 | credit or portion thereof is unavailable to the transferring |
| 95 | permitholder for any reason, including being unavailable because |
| 96 | the transferring permitholder is not licensed to conduct at |
| 97 | least 100 live performances of at least eight races during the |
| 98 | fiscal year, or when the permitholder who is entitled to |
| 99 | transfer the exemption or credit or who is entitled to receive |
| 100 | the exemption or credit owes taxes to the state pursuant to a |
| 101 | deficiency letter or administrative complaint issued by the |
| 102 | division. The greyhound permitholder host track to which such |
| 103 | exemption or credit is transferred shall reimburse such |
| 104 | permitholder the exact monetary value of such transferred |
| 105 | exemption or credit as actually applied against the taxes and |
| 106 | daily license fees of the host track. |
| 107 | (c) Each permitholder who is not licensed to conduct at |
| 108 | least 100 live performances of at least eight races during a |
| 109 | fiscal year forfeits the exemption of $360,000 or $500,000 |
| 110 | provided in paragraph (a). Annually, the division shall pool |
| 111 | such forfeited exemptions from permitholders who conducted live |
| 112 | racing during fiscal year 2010-2011. Each greyhound permitholder |
| 113 | who is licensed to conduct at least 100 live performances of at |
| 114 | least eight races during the fiscal year is entitled to an |
| 115 | additional tax credit in an amount equal to the product of the |
| 116 | respective permitholder's percentage share of live and |
| 117 | intertrack wagering handle under s. 550.0951(3) during the |
| 118 | previous fiscal year and 72 percent of the total value of tax |
| 119 | credits available in the pool for fiscal year 2011-2012, or 62 |
| 120 | percent of the total value of tax credits available in the pool |
| 121 | for fiscal years after fiscal year 2011-2012. |
| 122 | (d) Upon approval of a transfer under paragraph (b) or |
| 123 | additional credit under paragraph (c) by the division, the tax |
| 124 | exemption or credit shall be effective for the first performance |
| 125 | of the next payment period as specified in s. 550.0951(5). |
| 126 | (e) Exemptions or credits issued or transferred pursuant |
| 127 | to this subsection may be applied against any taxes imposed by |
| 128 | this chapter or daily license fees imposed by this chapter, |
| 129 | except during any charity or scholarship performances conducted |
| 130 | pursuant to s. 550.0351. No credit or exemption authorized under |
| 131 | this section or s. 550.0951 shall carry forward to subsequent |
| 132 | fiscal years. The division shall ensure that all transfers of |
| 133 | exemptions or credits are made in accordance with this |
| 134 | subsection and shall have the authority to adopt rules to ensure |
| 135 | the implementation of this section. |
| 136 | (2) |
| 137 | (b) Except as otherwise set forth herein, in addition to |
| 138 | the minimum purse percentage required by paragraph (a), each |
| 139 | permitholder conducting live racing during a fiscal year shall |
| 140 | pay as purses an annual amount equal to 75 percent of the daily |
| 141 | license fees paid by each permitholder for the 1994-1995 fiscal |
| 142 | year. This purse supplement shall be disbursed weekly during the |
| 143 | permitholder's race meet in an amount determined by dividing the |
| 144 | annual purse supplement by the number of performances approved |
| 145 | for the permitholder pursuant to its annual license and |
| 146 | multiplying that amount by the number of performances conducted |
| 147 | each week. For the greyhound permitholders in the county where |
| 148 | there are two greyhound permitholders located as specified in s. |
| 149 | 550.615(6), such permitholders shall pay in the aggregate an |
| 150 | amount equal to 75 percent of the daily license fees paid by |
| 151 | such permitholders for the 1994-1995 fiscal year. These |
| 152 | permitholders shall be jointly and severally liable for such |
| 153 | purse payments. The additional purses provided by this paragraph |
| 154 | must be used exclusively for purses other than stakes. The |
| 155 | division shall conduct audits necessary to ensure compliance |
| 156 | with this section. |
| 157 | (c)1. Each greyhound permitholder when conducting at least |
| 158 | three live performances during any week shall pay purses in that |
| 159 | week on wagers it accepts as a guest track on intertrack and |
| 160 | simulcast greyhound races at the same rate as it pays on live |
| 161 | races. Each greyhound permitholder when conducting at least |
| 162 | three live performances during any week shall pay purses in that |
| 163 | week, at the same rate as it pays on live races, on wagers |
| 164 | accepted on greyhound races at a guest track which is not |
| 165 | conducting live racing and is located within the same market |
| 166 | area as the greyhound permitholder conducting at least three |
| 167 | live performances during any week. |
| 168 | 2. Each host greyhound permitholder shall pay purses on |
| 169 | its simulcast and intertrack broadcasts of greyhound races to |
| 170 | guest facilities that are located outside its market area in an |
| 171 | amount equal to one quarter of an amount determined by |
| 172 | subtracting the transmission costs of sending the simulcast or |
| 173 | intertrack broadcasts from an amount determined by adding the |
| 174 | fees received for greyhound simulcast races plus 3 percent of |
| 175 | the greyhound intertrack handle at guest facilities that are |
| 176 | located outside the market area of the host and that paid |
| 177 | contractual fees to the host for such broadcasts of greyhound |
| 178 | races. For guest greyhound permitholders not conducting live |
| 179 | racing during a fiscal year and not subject to the purse |
| 180 | requirements of subparagraph 1., 3 percent of the greyhound |
| 181 | intertrack handle shall be paid to the host greyhound |
| 182 | permitholder for payment of purses at the host track. |
| 183 | (e) In addition to the purse requirements of paragraphs |
| 184 | (a)-(c), each greyhound permitholder shall pay as purses an |
| 185 | amount equal to one-third of the amount of the tax reduction on |
| 186 | live and simulcast handle applicable to such permitholder as a |
| 187 | result of the reductions in tax rates provided by this act |
| 188 | through the amendments to s. 550.0951(3) by chapter 2000-354, |
| 189 | Laws of Florida. With respect to intertrack wagering when the |
| 190 | host and guest tracks are greyhound permitholders not within the |
| 191 | same market area, an amount equal to the tax reduction |
| 192 | applicable to the guest track handle as a result of the |
| 193 | reduction in tax rates rate provided by this act through the |
| 194 | amendments amendment to s. 550.0951(3) by chapter 2000-354, Laws |
| 195 | of Florida, shall be distributed to the guest track, one-third |
| 196 | of which amount shall be paid as purses at those guest tracks |
| 197 | conducting live racing the guest track. However, if the guest |
| 198 | track is a greyhound permitholder within the market area of the |
| 199 | host or if the guest track is not a greyhound permitholder, an |
| 200 | amount equal to such tax reduction applicable to the guest track |
| 201 | handle shall be retained by the host track, one-third of which |
| 202 | amount shall be paid as purses at the host track. These purse |
| 203 | funds shall be disbursed in the week received if the |
| 204 | permitholder conducts at least one live performance during that |
| 205 | week. If the permitholder does not conduct at least one live |
| 206 | performance during the week in which the purse funds are |
| 207 | received, the purse funds shall be disbursed weekly during the |
| 208 | permitholder's next race meet in an amount determined by |
| 209 | dividing the purse amount by the number of performances approved |
| 210 | for the permitholder pursuant to its annual license, and |
| 211 | multiplying that amount by the number of performances conducted |
| 212 | each week. The division shall conduct audits necessary to ensure |
| 213 | compliance with this paragraph. |
| 214 |
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| 215 |
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| 216 | ----------------------------------------------------- |
| 217 | T I T L E A M E N D M E N T |
| 218 | Remove lines 678-686 and insert: |
| 219 | amending s. 550.0951, F.S.; deleting provisions relating to |
| 220 | transfer of certain unused exemptions or credits; amending s. |
| 221 | 550.09514, F.S.; providing for transfer of certain unused |
| 222 | exemptions or credits; revising purse requirements for greyhound |
| 223 | racing and provisions for payment of purses; amending s. |
| 224 | 550.105, F.S.; revising |