Florida 2024 Regular Session

Florida House Bill H0907 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to gaming licenses and permits; 2
1616 creating s. 16.717, F.S.; providing penalties for 3
1717 persons who falsely swear on an application for, or a 4
1818 renewal of, a license submitted to the Florida Gaming 5
1919 Control Commission; creating s. 16.718, F.S.; 6
2020 requiring applicants for licenses and licensees to 7
2121 notify the commission of certain contact information 8
2222 and of any change in such contact information and 9
2323 providing penalties for failure to comply; providing 10
2424 that delivery of correspondence to the licensee's or 11
2525 applicant's e-mail or mailing address on record with 12
2626 the commission constitutes sufficient notice for 13
2727 official communications, including administrative 14
2828 complaints or other documents setting forth intended 15
2929 or final agency action; amending s. 550.01215, F.S. ; 16
3030 revising the timeframe during which a permitholder is 17
3131 required to annually file an application for an 18
3232 operating license for a pari -mutuel facility during 19
3333 the next state fiscal year; revising the date by which 20
3434 the commission is required to issue such lice nse; 21
3535 authorizing, rather than requiring, the commission to 22
3636 take into consideration the impact of such change on 23
3737 state revenues when determining whether to change a 24
3838 performance date; making technical changes; amending 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 s. 550.0951, F.S.; removing a specified tax credit for 26
5252 greyhound permitholders; making technical changes; 27
5353 reenacting and amending s. 550.09515, F.S.; removing 28
5454 obsolete language; amending s. 550.105, F.S.; 29
5555 expanding the commission's authority to deny, revoke, 30
5656 suspend, or place conditions on cert ain licenses; 31
5757 authorizing the commission to take such action when a 32
5858 person has been subject to a provisional suspension or 33
5959 period of ineligibility imposed by the federal 34
6060 Horseracing Integrity and Safety Authority related to 35
6161 the finding of a prohibited subs tance in an animal's 36
6262 hair or bodily fluids; providing an appeals process 37
6363 for a licensee who has been summarily suspended; 38
6464 providing a standard of review for the commission for 39
6565 such appeals; amending s. 550.125, F.S.; revising 40
6666 requirements for maintaining c ertain financial records 41
6767 and applying such requirements to all, rather than 42
6868 specified, pari-mutuel wagering permitholders; 43
6969 repealing s. 550.1647, F.S., relating to greyhound 44
7070 racing permitholders' unclaimed tickets and breaks; 45
7171 amending s. 550.505, F.S.; rev ising the timeframe for 46
7272 nonwagering permitholders to apply for a nonwagering 47
7373 license; requiring permitholders to demonstrate that 48
7474 locations designated for nonwagering horseracing are 49
7575 available for such use; revising the timeframe during 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 which the commission is required to issue certain 51
8989 nonwagering licenses; authorizing the commission to 52
9090 extend a certain nonwagering license for a specified 53
9191 fiscal year; amending s. 551.104, F.S.; removing 54
9292 obsolete language; requiring audits of licensees' 55
9393 receipts and distribu tions of slot machine revenues to 56
9494 be conducted by a certified public accountant licensed 57
9595 under ch. 473, F.S.; revising the timeframe within 58
9696 which the audit may be filed with the commission; 59
9797 amending s. 551.107, F.S.; authorizing the waiver of 60
9898 required action on the part of the commission under 61
9999 certain circumstances; reenacting ss. 212.04(2)(c), 62
100100 550.0351(4), 550.09511(2), 550.09512(4), 550.09514(1) 63
101101 and (2)(e), 550.09516(3), 550.135(1), 550.1625(2), 64
102102 550.3551(2)(b), (3)(c), and (4), 550.26352(3) -(6), and 65
103103 550.375(4), F.S., relating to admissions taxes and 66
104104 rates, charity racing days, jail alai taxes, harness 67
105105 horse taxes, greyhound dog racing taxes and purse 68
106106 requirements, thoroughbred horse taxes, daily 69
107107 licensing fees collected from pari -mutuel racing, 70
108108 dogracing taxes, transmitting racing and jai alai 71
109109 information and commingling pari -mutuel pools, 72
110110 authorizing Breeders' Cup Meet pools, and operating 73
111111 certain harness tracks, respectively, to incorporate 74
112112 the amendment made to s. 550.0951, F.S., in references 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 thereto; providing an effective date. 76
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127127 Be It Enacted by the Legislature of the State of Florida: 78
128128 79
129129 Section 1. Section 16.717, Florida Statutes, is created to 80
130130 read: 81
131131 16.717 Florida Gaming Control Commission; penalties for 82
132132 false oath or affirmation of applic ants for licensure; 83
133133 licensees.—Any person who submits an application for a license 84
134134 to the commission, or any person issued a license or renewal by 85
135135 the commission in response to an application, and upon which 86
136136 application the person signing under oath or aff irmation has 87
137137 falsely sworn to a material statement, including, but not 88
138138 limited to, the criminal history of the applicant or licensee, 89
139139 is subject to denial of his or her application or to suspension 90
140140 or revocation of his or her license, and is subject to any other 91
141141 penalties provided by law. 92
142142 Section 2. Section 16.718, Florida Statutes, is created to 93
143143 read: 94
144144 16.718 Florida Gaming Control Commission; notification of 95
145145 applicants' or licensees' addresses and place of employment; 96
146146 service.— 97
147147 (1) Each applicant f or a license with the commission and 98
148148 each licensee of the commission is responsible for notifying the 99
149149 commission in writing of the applicant's or licensee's current 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 mailing address, e-mail address, and place of employment. An 101
163163 applicant's failure to notify the commission constitutes a 102
164164 violation of this section, and the applicant's application may 103
165165 be denied. A licensee's failure to notify the commission of any 104
166166 change to the e-mail or mailing address of record constitutes a 105
167167 violation of this section, and the l icensee may be disciplined 106
168168 by the commission as described in s. 550.0251(10). 107
169169 (2) Notwithstanding any provision of law to the contrary, 108
170170 service by e-mail to an applicant's or licensee's e -mail address 109
171171 of record with the commission constitutes sufficient notice to 110
172172 the applicant or licensee for any official communication. The 111
173173 commission may, in its discretion, provide service for any 112
174174 official communication by regular mail to an applicant's or 113
175175 licensee's last known mailing address. The commission is not 114
176176 required to provide service by both e -mail and regular mail. 115
177177 (3) Notwithstanding any provision of law to the contrary, 116
178178 when an administrative complaint or other document setting forth 117
179179 intended or final agency action is to be served on an applicant 118
180180 or a licensee, the commission is only required to provide 119
181181 service by e-mail to the applicant's or licensee's e -mail 120
182182 address on record with the commission. E -mail service 121
183183 constitutes sufficient notice to the person or persons upon whom 122
184184 an administrative complaint or any other document setting forth 123
185185 intended or final agency action is served. The commission may, 124
186186 in its discretion, provide service of an administrative 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 complaint or any other documents setting forth intended or final 126
200200 agency action by regular mail to an app licant's or licensee's 127
201201 last known mailing address. The commission is not required to 128
202202 provide service by both e -mail and regular mail. 129
203203 Section 3. Subsections (1) and (3) of section 550.01215, 130
204204 Florida Statutes, are amended to read: 131
205205 550.01215 License ap plication; periods of operation; 132
206206 license fees; bond.— 133
207207 (1) Each permitholder shall annually, during the period 134
208208 between January December 15 and February January 4, file in 135
209209 writing with the commission its application for an operating 136
210210 license for a pari-mutuel facility for the conduct of pari -137
211211 mutuel wagering during the next state fiscal year, including 138
212212 intertrack and simulcast race wagering. Each application for 139
213213 live performances must specify the number, dates, and starting 140
214214 times of all live performances that the permitholder intends to 141
215215 conduct. It must also specify which performances will be 142
216216 conducted as charity or scholarship performances. 143
217217 (a) Each application for an operating license also must 144
218218 include: 145
219219 1. For each permitholder, whether the permitholder intends 146
220220 to accept wagers on intertrack or simulcast events. 147
221221 2. For each permitholder that elects to operate a 148
222222 cardroom, the dates and periods of operation the permitholder 149
223223 intends to operate the cardroom. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 3. For each thoroughbred racing permitholder that elects 151
237237 to receive or rebroadcast out -of-state races, the dates for all 152
238238 performances that the permitholder intends to conduct. 153
239239 (b)1. A greyhound permitholder may not conduct live 154
240240 racing. A jai alai permitholder, harness horse racing 155
241241 permitholder, or quarter horse racing permitholder may elect not 156
242242 to conduct live racing or games. A thoroughbred permitholder 157
243243 must conduct live racing. A greyhound permitholder, jai alai 158
244244 permitholder, harness horse racing permitholder, or quarter 159
245245 horse racing permitholder that does not conduct live racing or 160
246246 games retains its permit; is a pari -mutuel facility as defined 161
247247 in s. 550.002(23); if such permitholder has been issued a slot 162
248248 machine license, the facility where such permit is located 163
249249 remains an eligible facility as de fined in s. 551.102(4), 164
250250 continues to be eligible for a slot machine license pursuant to 165
251251 s. 551.104(3), and is exempt from ss. 551.104(4)(c) and (10) and 166
252252 551.114(2); is eligible, but not required, to be a guest track 167
253253 and, if the permitholder is a harness ho rse racing permitholder, 168
254254 to be a host track for purposes of intertrack wagering and 169
255255 simulcasting pursuant to ss. 550.3551, 550.615, 550.625, and 170
256256 550.6305; and remains eligible for a cardroom license. 171
257257 2. A permitholder or licensee may not conduct live 172
258258 greyhound racing or dogracing in connection with any wager for 173
259259 money or any other thing of value in the state. The commission 174
260260 may deny, suspend, or revoke any permit or license under this 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 chapter if a permitholder or licensee conducts live greyhound 176
274274 racing or dogracing in violation of this subparagraph. In 177
275275 addition to, or in lieu of, denial, suspension, or revocation of 178
276276 such permit or license, the commission may impose a civil 179
277277 penalty of up to $5,000 against the permitholder or licensee for 180
278278 a violation of this subparagraph. All penalties imposed and 181
279279 collected must be deposited with the Chief Financial Officer to 182
280280 the credit of the General Revenue Fund. 183
281281 (c) Permitholders may amend their applications through 184
282282 February 28. 185
283283 (d) Notwithstanding any other provision of law, other than 186
284284 a permitholder issued a permit pursuant to s. 550.3345, a pari -187
285285 mutuel permitholder may not be issued an operating license for 188
286286 the conduct of pari-mutuel wagering, slot machine gaming, or the 189
287287 operation of a cardroom if the permitholder d id not hold an 190
288288 operating license for the conduct of pari -mutuel wagering for 191
289289 fiscal year 2020-2021. This paragraph does not apply to a 192
290290 purchaser, transferee, or assignee holding a valid permit for 193
291291 the conduct of pari-mutuel wagering approved pursuant to s. 194
292292 550.054(15)(a). 195
293293 (3) The commission shall issue each license no later than 196
294294 April March 15. Each permitholder shall operate all performances 197
295295 at the date and time specified on its license. The commission 198
296296 shall have the authority to approve minor changes in racing 199
297297 dates after a license has been issued. The commission may 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 approve changes in performance racing dates after a license has 201
311311 been issued when there is no objection from any operating 202
312312 permitholder that is conducting live racing or games and that is 203
313313 located within 50 miles of the permitholder requesting the 204
314314 changes in operating dates . In the event of an objection, the 205
315315 commission shall approve or disapprove the change in operating 206
316316 dates based upon the impact on operating permitholders located 207
317317 within 50 miles of the permitholder requesting the change in 208
318318 operating dates. In making the determination to change 209
319319 performance racing dates, the commission may shall take into 210
320320 consideration the impact of such changes on state revenues. 211
321321 Section 4. Subsection (1), paragraph (b) of subsection 212
322322 (3), and subsection (5) of section 550.0951, Florida Statutes, 213
323323 are amended to read: 214
324324 550.0951 Payment of daily license fee and taxes; 215
325325 penalties.— 216
326326 (1) DAILY LICENSE FEE. — 217
327327 (a) Each person engaged in the business of conducting race 218
328328 meetings or jai alai games under this chapter, hereinafter 219
329329 referred to as the "permitholder," "licensee," or "permittee," 220
330330 shall pay to the commission, for the use of the commission, a 221
331331 daily license fee on each live or simulcast pari -mutuel event of 222
332332 $100 for each horserace and $80 for each dograce and $40 for 223
333333 each jai alai game conducted at a racetrack or fronton licensed 224
334334 under this chapter. The In addition to the tax exemption 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 specified in s. 550.09514(1) of $360,000 or $500,000 per 226
348348 greyhound permitholder per state fiscal year, each greyhound 227
349349 permitholder shall receive in the current state fiscal year a 228
350350 tax credit equal to the number of live greyhound races conducted 229
351351 in the previous state fiscal year times the daily license fee 230
352352 specified for each dogra ce in this subsection applicable for the 231
353353 previous state fiscal year. This tax credit and the exemption in 232
354354 s. 550.09514(1) applies shall be applicable to any tax imposed 233
355355 by this chapter or the daily license fees imposed by this 234
356356 chapter except during any cha rity or scholarship performances 235
357357 conducted pursuant to s. 550.0351. Each permitholder shall pay 236
358358 daily license fees not to exceed $500 per day on any simulcast 237
359359 races or games on which such permitholder accepts wagers 238
360360 regardless of the number of out -of-state events taken or the 239
361361 number of out-of-state locations from which such events are 240
362362 taken. This license fee shall be deposited with the Chief 241
363363 Financial Officer to the credit of the Pari -mutuel Wagering 242
364364 Trust Fund. 243
365365 (b) Each permitholder that cannot utilize t he full amount 244
366366 of the exemption of $360,000 or $500,000 provided in s. 245
367367 550.09514(1) or the daily license fee credit provided in this 246
368368 section may, after notifying the commission in writing, elect 247
369369 once per state fiscal year on a form provided by the commissi on 248
370370 to transfer such exemption or credit or any portion thereof to 249
371371 any greyhound permitholder which acts as a host track to such 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 permitholder for the purpose of intertrack wagering. Once an 251
385385 election to transfer such exemption or credit is filed with the 252
386386 commission, it shall not be rescinded. The commission shall 253
387387 disapprove the transfer when the amount of the exemption or 254
388388 credit or portion thereof is unavailable to the transferring 255
389389 permitholder or when the permitholder who is entitled to 256
390390 transfer the exemptio n or credit or who is entitled to receive 257
391391 the exemption or credit owes taxes to the state pursuant to a 258
392392 deficiency letter or administrative complaint issued by the 259
393393 commission. Upon approval of the transfer by the commission, the 260
394394 transferred tax exemption o r credit is shall be effective for 261
395395 the first performance of the next payment period as specified in 262
396396 subsection (5). The exemption or credit transferred to such host 263
397397 track may be applied by such host track against any taxes 264
398398 imposed by this chapter or daily license fees imposed by this 265
399399 chapter. The greyhound permitholder host track to which such 266
400400 exemption or credit is transferred shall reimburse such 267
401401 permitholder the exact monetary value of such transferred 268
402402 exemption or credit as actually applied against the taxes and 269
403403 daily license fees of the host track. The commission shall 270
404404 ensure that all transfers of exemption or credit are made in 271
405405 accordance with this subsection and has shall have the authority 272
406406 to adopt rules to ensure the implementation of this section. 273
407407 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on 274
408408 contributions to pari -mutuel pools, the aggregate of which is 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 hereinafter referred to as "handle," on races or games conducted 276
422422 by the permitholder. The tax is imposed daily and is based on 277
423423 the total contributions to all pari -mutuel pools conducted 278
424424 during the daily performance. If a permitholder conducts more 279
425425 than one performance daily, the tax is imposed on each 280
426426 performance separately. 281
427427 (b)1. The tax on handle for dogracing is 5.5 percent of 282
428428 the handle, except that for live charity performances held 283
429429 pursuant to s. 550.0351, and for intertrack wagering on such 284
430430 charity performances at a guest greyhound track within the 285
431431 market area of the host, the tax is 7.6 percent of the handle . 286
432432 2. The tax on handl e for jai alai is 7.1 percent of the 287
433433 handle. 288
434434 (5) PAYMENT AND DISPOSITION OF FEES AND TAXES. —Payments 289
435435 imposed by this section must shall be paid to the commission. 290
436436 The commission shall deposit these sums with the Chief Financial 291
437437 Officer, to the credit of the Pari-mutuel Wagering Trust Fund, 292
438438 hereby established. The permitholder shall remit to the 293
439439 commission payment for the daily license fee, the admission tax, 294
440440 the tax on handle, and the breaks tax. Such p ayments shall be 295
441441 remitted by 3 p.m. Wednesday of each week for taxes imposed and 296
442442 collected for the preceding week ending on Sunday. Beginning on 297
443443 July 1, 2012, such payments must shall be remitted by 3 p.m. on 298
444444 the 5th day of each calendar month for taxes imposed and 299
445445 collected for the preceding calendar month. If the 5th day of 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 the calendar month falls on a weekend, payments must shall be 301
459459 remitted by 3 p.m. the first Monday following the weekend. 302
460460 Permitholders shall file a report under oath by the 5th day of 303
461461 each calendar month for all taxes remitted during the preceding 304
462462 calendar month. Such payments must shall be accompanied by a 305
463463 report under oath showing the total of all admissions, the pari -306
464464 mutuel wagering activities for the preceding calendar month, and 307
465465 such other information as may be prescribed by the commission. 308
466466 Section 5. Subsection (7) of section 550.09515, Florida 309
467467 Statutes, is amended, and subsection (4) of that section is 310
468468 reenacted for the purpose of incorporating the amendment made by 311
469469 this act to section 550.0951, Florida Statutes, to read: 312
470470 550.09515 Thoroughbred horse taxes; abandoned interest in 313
471471 a permit for nonpayment of taxes.— 314
472472 (4) In the event that a court of competent jurisdiction 315
473473 determines any of the provisions of this section to be 316
474474 unconstitutional, it is the intent of the Legislature that the 317
475475 provisions contained in this section shall be null and void and 318
476476 that the provisions of s. 550.0951 shall apply to all 319
477477 thoroughbred horse permitholders beginning on the date of such 320
478478 judicial determination. To this end, the Legislature declares 321
479479 that it would not have enacted any of the provisions of this 322
480480 section individually and, to that end, expressly finds them not 323
481481 to be severable. 324
482482 (7) If a thoroughbred permitholder fails to operate all 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 performances on its 2001 -2002 license, failure to pay tax on 326
496496 handle for a full schedule of live races for those performances 327
497497 in the 2001-2002 fiscal year does not constitute failure to pay 328
498498 taxes on handle for a full schedule of live races in a fiscal 329
499499 year for the purposes of subsection (3). This subsection may not 330
500500 be construed as forgiving a thoroughbred permitholder from 331
501501 paying taxes on performances conducted at its facility pursuant 332
502502 to its 2001-2002 license other than for failure to operate all 333
503503 performances on its 2001 -2002 license. This subsection expires 334
504504 July 1, 2003. 335
505505 Section 6. Paragraphs (a) and (c) of subsection (5) of 336
506506 section 550.105, Florida Statutes, are amended, and paragraph 337
507507 (g) is added to that subsection, to read: 338
508508 550.105 Occupational licenses of racetrack employees; 339
509509 fees; denial, suspension, and revocation of license; penalties 340
510510 and fines.— 341
511511 (5)(a) The commission may do the following, if the state 342
512512 racing commission or racing authority of such other state or 343
513513 jurisdiction extends to the commission reciprocal courtesy to 344
514514 maintain the disciplinary control : 345
515515 1. Deny a license to or revoke, suspend, or place 346
516516 conditions upon or restrictions on a license of any person who 347
517517 has been refused a license by any other state racing commission 348
518518 or racing authority or has been subject to a provisional 349
519519 suspension or period of ineligibility by the federal Horseracing 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 Integrity and Safety Autho rity (HISA), or another such authority 351
533533 designated by the Federal Trade Commission. ; 352
534534 2. Deny, suspend, or place conditions on a license of any 353
535535 person who is under suspension , or has unpaid fines in another 354
536536 jurisdiction, or is subject to a provisional susp ension or 355
537537 period of ineligibility under HISA related to the finding of a 356
538538 prohibited substance in an animal's hair or bodily fluids. Any 357
539539 suspension imposed pursuant to this subparagraph expires on the 358
540540 date that the provisional suspension or period of inelig ibility 359
541541 imposed by HISA expires. ; 360
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543543 if the state racing commission or racing authority of such other 362
544544 state or jurisdiction extends to the commission reciprocal 363
545545 courtesy to maintain the disciplinary control. 364
546546 (c) The commission may deny, declare ineligible, or revoke 365
547547 any occupational license if the applicant for such license has 366
548548 been convicted of a felony or misdemeanor in this state, in any 367
549549 other state, or under the laws of the United States, if such 368
550550 felony or misdemeanor is related to gambling or bookmakin g, as 369
551551 contemplated in s. 849.25, or involves cruelty to animals. If 370
552552 the applicant establishes that she or he is of good moral 371
553553 character, that she or he has been rehabilitated, and that the 372
554554 crime she or he was convicted of is not related to pari -mutuel 373
555555 wagering and is not a capital offense, the restrictions 374
556556 excluding offenders may be waived by the director of the 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569569 commission. 376
570570 (g) If an occupational license is summarily suspended 377
571571 under this subsection, the commission must offer the licensee a 378
572572 postsuspension hearing within 72 hours after commencement of the 379
573573 suspension. The occupational licensee has the burden of proving 380
574574 by clear and convincing evidence that she or he is not subject 381
575575 to a provisional suspension or period of ineligibility imposed 382
576576 by HISA. The standard of review for the commission under this 383
577577 paragraph is whether the commission's action was an abuse of its 384
578578 discretion. 385
579579 Section 7. Paragraph (a) of subsection (2) of section 386
580580 550.125, Florida Statutes, is amended to read: 387
581581 550.125 Uniform reporting system; bond requirement. — 388
582582 (2)(a) Each permitholder issued an operating license that 389
583583 conducts race meetings or jai alai exhibitions under this 390
584584 chapter shall keep records that clearly show the total number of 391
585585 admissions and the total amount of money contr ibuted to each 392
586586 pari-mutuel pools, cardroom gross receipts, and slot machine 393
587587 revenues on each race or exhibition separately and the amount of 394
588588 money received daily from admission fees and, within 120 days 395
589589 after the end of its fiscal year, shall submit to the commission 396
590590 a complete annual report of its accounts, audited by a certified 397
591591 public accountant licensed to practice in the state. 398
592592 Section 8. Section 550.1647, Florida Statutes, is 399
593593 repealed. 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 Section 9. Subsection (3) of section 550.505, Florida 401
607607 Statutes, is amended to read: 402
608608 550.505 Nonwagering permits. — 403
609609 (3)(a) Upon receipt of a nonwagering permit, the 404
610610 permitholder shall apply annually between January 15 and 405
611611 February 4 must apply to the commission before June 1 of each 406
612612 year for a an annual nonwagering license for the next state 407
613613 fiscal succeeding calendar year. Such application must set forth 408
614614 the days and locations at which the permitholder will conduct 409
615615 nonwagering horseracing , must demonstrate that any location to 410
616616 which the nonwagering license appl ies is available for such use, 411
617617 and must indicate any changes in ownership or management of the 412
618618 permitholder occurring since the date of application for the 413
619619 prior license. 414
620620 (b) On or before April 15 August 1 of each year, the 415
621621 commission shall issue a licen se authorizing the nonwagering 416
622622 permitholder to conduct nonwagering horseracing during the next 417
623623 state fiscal succeeding calendar year during the period and for 418
624624 the number of days set forth in the application, subject to all 419
625625 other provisions of this section. 420
626626 (c) The commission may extend a nonwagering license during 421
627627 the 2024 calendar year through the 2024 -2025 fiscal year upon 422
628628 application for such extension by the nonwagering permitholder 423
629629 conduct an eligibility investigation to determine the 424
630630 qualifications of any new ownership or management interest in 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 the permit. 426
644644 Section 10. Paragraph (b) of subsection (4) and subsection 427
645645 (8) of section 551.104, Florida Statutes, are amended to read: 428
646646 551.104 License to conduct slot machine gaming. — 429
647647 (4) As a condition of licensure and to maintain continued 430
648648 authority for the conduct of slot machine gaming, the slot 431
649649 machine licensee shall: 432
650650 (b) Continue to be in compliance with chapter 550, when 433
651651 where applicable, and maintain the pari -mutuel permit and 434
652652 license in good standing pursuant to the provisions of chapter 435
653653 550. Notwithstanding any contrary provision of law and in order 436
654654 to expedite the operation of slot machines at eligible 437
655655 facilities, any eligible facility shall be entitled within 60 438
656656 days after the effective date of this act to amend its 2006 -2007 439
657657 pari-mutuel wagering operating license issued by the commission 440
658658 under ss. 550.0115 and 550.01215. The commission shall issue a 441
659659 new license to the eligible facility to effectuate any approved 442
660660 change. 443
661661 (8) A slot machine licensee shall file with the commission 444
662662 an audit of the receipt and distribution of all slot machine 445
663663 revenues provided by an independent certified public accountant 446
664664 licensed under chapter 473 verifying compliance with all 447
665665 financial and auditing provisions of this chapter and the 448
666666 associated rules adopted under this chapter . The audit must 449
667667 include verification of compliance with all statutes and rules 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 regarding all required records of slot machine operations. Such 451
681681 audit must shall be filed within 120 60 days after the end of 452
682682 its fiscal year completion of the permitholder's pari -mutuel 453
683683 meet. 454
684684 Section 11. Paragraph (b) of subsection (6) of section 455
685685 551.107, Florida Statutes, is amended to read: 456
686686 551.107 Slot machine occupational license; findings; 457
687687 application; fee.— 458
688688 (6) 459
689689 (b) The commission may deny, revoke, or refuse to renew 460
690690 any slot machine occupational license if the applicant for such 461
691691 license or the licensee has been convicted of a felony or 462
692692 misdemeanor in this state, in any other state, or under t he laws 463
693693 of the United States if such felony or misdemeanor is related to 464
694694 gambling or bookmaking as described in s. 849.25. The 465
695695 restrictions authorized in this paragraph may be waived by the 466
696696 commission if the applicant establishes that she or he is of 467
697697 good moral character, that she or he has been rehabilitated, and 468
698698 that the crime she or he was convicted of is not related to slot 469
699699 machine gaming and is not a capital offense. 470
700700 Section 12. For the purpose of incorporating the amendment 471
701701 made by this act to sec tion 550.0951, Florida Statutes, in a 472
702702 reference thereto, paragraph (c) of subsection (2) of section 473
703703 212.04, Florida Statutes, is reenacted to read: 474
704704 212.04 Admissions tax; rate, procedure, enforcement. — 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 (2) 476
718718 (c) The taxes imposed by this section shall b e collected 477
719719 in addition to the admission tax collected pursuant to s. 478
720720 550.0951, but the amount collected under s. 550.0951 shall not 479
721721 be subject to taxation under this chapter. 480
722722 Section 13. For the purpose of incorporating the amendment 481
723723 made by this act to section 550.0951, Florida Statutes, in a 482
724724 reference thereto, subsection (4) of section 550.0351, Florida 483
725725 Statutes, is reenacted to read: 484
726726 550.0351 Charity racing days. — 485
727727 (4) The total of all profits derived from the conduct of a 486
728728 charity day performance must include all revenues derived from 487
729729 the conduct of that racing performance, including all state 488
730730 taxes that would otherwise be due to the state, except that the 489
731731 daily license fee as provided in s. 550.0951(1) and the breaks 490
732732 for the promotional trust fun ds as provided in s. 550.2625(3), 491
733733 (4), (5), (7), and (8) shall be paid to the commission. All 492
734734 other revenues from the charity racing performance, including 493
735735 the commissions, breaks, and admissions and the revenues from 494
736736 parking, programs, and concessions, sh all be included in the 495
737737 total of all profits. 496
738738 Section 14. For the purpose of incorporating the amendment 497
739739 made by this act to section 550.0951, Florida Statutes, in a 498
740740 reference thereto, subsection (2) of section 550.09511, Florida 499
741741 Statutes, is reenacted to read: 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 550.09511 Jai alai taxes; abandoned interest in a permit 501
755755 for nonpayment of taxes. — 502
756756 (2) Notwithstanding the provisions of s. 550.0951(3)(b), 503
757757 wagering on live jai alai performances shall be subject to the 504
758758 following taxes: 505
759759 (a)1. The tax on hand le per performance for live jai alai 506
760760 performances is 4.25 percent of handle per performance. However, 507
761761 when the live handle of a permitholder during the preceding 508
762762 state fiscal year was less than $15 million, the tax shall be 509
763763 paid on the handle in excess of $30,000 per performance per day. 510
764764 2. The tax rate shall be applicable only until the 511
765765 requirements of paragraph (b) are met. 512
766766 (b) At such time as the total of admissions tax, daily 513
767767 license fee, and tax on handle for live jai alai performances 514
768768 paid to the commission by a permitholder during the current 515
769769 state fiscal year exceeds the total state tax revenues from 516
770770 wagering on live jai alai performances paid or due by the 517
771771 permitholder in fiscal year 1991 -1992, the permitholder shall 518
772772 pay tax on handle for live j ai alai performances at a rate of 519
773773 2.55 percent of the handle per performance for the remainder of 520
774774 the current state fiscal year. For purposes of this section, 521
775775 total state tax revenues on live jai alai wagering in fiscal 522
776776 year 1991-1992 shall include any adm issions tax, tax on handle, 523
777777 surtaxes on handle, and daily license fees. 524
778778 (c) If no tax on handle for live jai alai performances 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 were paid to the commission by a jai alai permitholder during 526
792792 the 1991-1992 state fiscal year, then at such time as the total 527
793793 of admissions tax, daily license fee, and tax on handle for live 528
794794 jai alai performances paid to the commission by a permitholder 529
795795 during the current state fiscal year exceeds the total state tax 530
796796 revenues from wagering on live jai alai performances paid or due 531
797797 by the permitholder in the last state fiscal year in which the 532
798798 permitholder conducted a full schedule of live games, the 533
799799 permitholder shall pay tax on handle for live jai alai 534
800800 performances at a rate of 3.3 percent of the handle per 535
801801 performance for the rem ainder of the current state fiscal year. 536
802802 For purposes of this section, total state tax revenues on live 537
803803 jai alai wagering shall include any admissions tax, tax on 538
804804 handle, surtaxes on handle, and daily license fees. This 539
805805 paragraph shall take effect July 1, 1993. 540
806806 (d) A permitholder who obtains a new permit issued by the 541
807807 commission subsequent to the 1991 -1992 state fiscal year and a 542
808808 permitholder whose permit has been converted to a jai alai 543
809809 permit under the provisions of this chapter, shall, at such time 544
810810 as the total of admissions tax, daily license fee, and tax on 545
811811 handle for live jai alai performances paid to the commission by 546
812812 the permitholder during the current state fiscal year exceeds 547
813813 the average total state tax revenues from wagering on live jai 548
814814 alai performances for the first 3 consecutive jai alai seasons 549
815815 paid to or due the commission by the permitholder and during 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 which the permitholder conducted a full schedule of live games, 551
829829 pay tax on handle for live jai alai performances at a rate of 552
830830 3.3 percent of the handle per performance for the remainder of 553
831831 the current state fiscal year. 554
832832 (e) The payment of taxes pursuant to paragraphs (b), (c), 555
833833 and (d) shall be calculated and commence beginning the day in 556
834834 which the permitholder is first entitled to the reduce d rate 557
835835 specified in this section and the report of taxes required by s. 558
836836 550.0951(5) is submitted to the commission. 559
837837 (f) A jai alai permitholder paying taxes under this 560
838838 section shall retain the breaks and pay an amount equal to the 561
839839 breaks as special prize awards which shall be in addition to the 562
840840 regular contracted prize money paid to jai alai players at the 563
841841 permitholder's facility. Payment of the special prize money 564
842842 shall be made during the permitholder's current meet. 565
843843 (g) For purposes of this section, " handle" shall have the 566
844844 same meaning as in s. 550.0951, and shall not include handle 567
845845 from intertrack wagering. 568
846846 Section 15. For the purpose of incorporating the amendment 569
847847 made by this act to section 550.0951, Florida Statutes, in a 570
848848 reference thereto, sub section (4) of section 550.09512, Florida 571
849849 Statutes, is reenacted to read: 572
850850 550.09512 Harness horse taxes; abandoned interest in a 573
851851 permit for nonpayment of taxes. — 574
852852 (4) In the event that a court of competent jurisdiction 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 determines any of the provisions o f this section to be 576
866866 unconstitutional, it is the intent of the Legislature that the 577
867867 provisions contained in this section shall be null and void and 578
868868 that the provisions of s. 550.0951 shall apply to all harness 579
869869 horse permitholders beginning on the date of s uch judicial 580
870870 determination. To this end, the Legislature declares that it 581
871871 would not have enacted any of the provisions of this section 582
872872 individually and, to that end, expressly finds them not to be 583
873873 severable. 584
874874 Section 16. For the purpose of incorporating the amendment 585
875875 made by this act to section 550.0951, Florida Statutes, in a 586
876876 reference thereto, subsection (1) and paragraph (e) of 587
877877 subsection (2) of section 550.09514, Florida Statutes, is 588
878878 reenacted to read: 589
879879 550.09514 Greyhound dogracing taxes; purse req uirements.— 590
880880 (1) Wagering on greyhound racing is subject to a tax on 591
881881 handle for live greyhound racing as specified in s. 550.0951(3). 592
882882 However, each permitholder shall pay no tax on handle until such 593
883883 time as this subsection has resulted in a tax savings pe r state 594
884884 fiscal year of $360,000. Thereafter, each permitholder shall pay 595
885885 the tax as specified in s. 550.0951(3) on all handle for the 596
886886 remainder of the permitholder's current race meet. For the three 597
887887 permitholders that conducted a full schedule of live raci ng in 598
888888 1995, and are closest to another state that authorizes greyhound 599
889889 pari-mutuel wagering, the maximum tax savings per state fiscal 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 year shall be $500,000. The provisions of this subsection 601
903903 relating to tax exemptions shall not apply to any charity or 602
904904 scholarship performances conducted pursuant to s. 550.0351. 603
905905 (2) 604
906906 (e) In addition to the purse requirements of paragraphs 605
907907 (a)-(c), each greyhound permitholder shall pay as purses an 606
908908 amount equal to one-third of the amount of the tax reduction on 607
909909 live and simulcast handle applicable to such permitholder as a 608
910910 result of the reductions in tax rates provided by this act 609
911911 through the amendments to s. 550.0951(3). With respect to 610
912912 intertrack wagering when the host and guest tracks are greyhound 611
913913 permitholders not withi n the same market area, an amount equal 612
914914 to the tax reduction applicable to the guest track handle as a 613
915915 result of the reduction in tax rate provided by this act through 614
916916 the amendment to s. 550.0951(3) shall be distributed to the 615
917917 guest track, one-third of which amount shall be paid as purses 616
918918 at the guest track. However, if the guest track is a greyhound 617
919919 permitholder within the market area of the host or if the guest 618
920920 track is not a greyhound permitholder, an amount equal to such 619
921921 tax reduction applicable to the guest track handle shall be 620
922922 retained by the host track, one -third of which amount shall be 621
923923 paid as purses at the host track. These purse funds shall be 622
924924 disbursed in the week received if the permitholder conducts at 623
925925 least one live performance during that w eek. If the permitholder 624
926926 does not conduct at least one live performance during the week 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 in which the purse funds are received, the purse funds shall be 626
940940 disbursed weekly during the permitholder's next race meet in an 627
941941 amount determined by dividing the purse amount by the number of 628
942942 performances approved for the permitholder pursuant to its 629
943943 annual license, and multiplying that amount by the number of 630
944944 performances conducted each week. The commission shall conduct 631
945945 audits necessary to ensure compliance with this p aragraph. 632
946946 Section 17. For the purpose of incorporating the amendment 633
947947 made by this act to section 550.0951, Florida Statutes, in a 634
948948 reference thereto, subsection (3) of section 550.09516, Florida 635
949949 Statutes, is reenacted to read: 636
950950 550.09516 Credit for eli gible permitholders conducting 637
951951 thoroughbred racing. — 638
952952 (3) Beginning July 1, 2023, and each July 1 thereafter, 639
953953 each permitholder granted a credit pursuant to this section may 640
954954 apply the credit to the taxes and fees due under ss. 550.0951, 641
955955 550.09515, and 550.3551(3), less any credit received by the 642
956956 permitholder under s. 550.09515(6), and less the amount of state 643
957957 taxes that would otherwise be due to the state for the conduct 644
958958 of charity day performances under s. 550.0351(4). The unused 645
959959 portion of the credit may be carried forward and applied each 646
960960 month as taxes and fees become due. Any unused credit remaining 647
961961 at the end of a fiscal year expires and may not be used. 648
962962 Section 18. For the purpose of incorporating the amendment 649
963963 made by this act to section 550.095 1, Florida Statutes, in a 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976976 reference thereto, subsection (1) of section 550.135, Florida 651
977977 Statutes, is reenacted to read: 652
978978 550.135 Division of moneys derived under this law. —All 653
979979 moneys that are deposited with the Chief Financial Officer to 654
980980 the credit of the Pari-mutuel Wagering Trust Fund shall be 655
981981 distributed as follows: 656
982982 (1) The daily license fee revenues collected pursuant to 657
983983 s. 550.0951(1) shall be used to fund the operating cost of the 658
984984 commission; however, other collections in the Pari -mutuel 659
985985 Wagering Trust Fund may also be used to fund the operation of 660
986986 the commission in accordance with authorized appropriations. 661
987987 Section 19. For the purpose of incorporating the amendment 662
988988 made by this act to section 550.0951, Florida Statutes, in a 663
989989 reference thereto, subsection (2) of section 550.1625, Florida 664
990990 Statutes, is reenacted to read: 665
991991 550.1625 Dogracing; taxes. — 666
992992 (2) A permitholder that conducts a dograce meet under this 667
993993 chapter must pay the daily license fee, the admission tax, the 668
994994 breaks tax, and the tax on pari-mutuel handle as provided in s. 669
995995 550.0951 and is subject to all penalties and sanctions provided 670
996996 in s. 550.0951(6). 671
997997 Section 20. For the purpose of incorporating the amendment 672
998998 made by this act to section 550.0951, Florida Statutes, in a 673
999999 reference thereto, paragraph (b) of subsection (2), paragraph 674
10001000 (c) of subsection (3), and subsection (4) of section 550.3551, 675
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
10131013 Florida Statutes, is reenacted to read: 676
10141014 550.3551 Transmission of racing and jai alai information; 677
10151015 commingling of pari-mutuel pools.— 678
10161016 (2) Any horse track or fronton licensed under this chapter 679
10171017 may transmit broadcasts of races or games conducted at the 680
10181018 enclosure of the licensee to locations outside this state. 681
10191019 (b) Wagers accepted by any out -of-state pari-mutuel 682
10201020 permitholder or licensed betti ng system on a race broadcasted 683
10211021 under this subsection may be, but are not required to be, 684
10221022 included in the pari -mutuel pools of the horse track in this 685
10231023 state that broadcasts the race upon which wagers are accepted. 686
10241024 The handle, as referred to in s. 550.0951( 3), does not include 687
10251025 any wagers accepted by an out -of-state pari-mutuel permitholder 688
10261026 or licensed betting system, irrespective of whether such wagers 689
10271027 are included in the pari -mutuel pools of the Florida 690
10281028 permitholder as authorized by this subsection. 691
10291029 (3) Any horse track licensed under this chapter may 692
10301030 receive broadcasts of horseraces conducted at other horse 693
10311031 racetracks located outside this state at the racetrack enclosure 694
10321032 of the licensee during its racing meet. 695
10331033 (c) All forms of pari -mutuel wagering are al lowed on races 696
10341034 broadcast under this section, and all money wagered by patrons 697
10351035 on such races shall be computed as part of the total amount of 698
10361036 money wagered at each racing performance for purposes of 699
10371037 taxation under ss. 550.0951, 550.09512, and 550.09515. Sec tion 700
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
10501050 550.2625(2)(a), (b), and (c) does not apply to any money wagered 701
10511051 on races broadcast under this section. Similarly, the takeout 702
10521052 shall be increased by breaks and uncashed tickets for wagers on 703
10531053 races broadcast under this section, notwithstanding any cont rary 704
10541054 provision of this chapter. 705
10551055 (4) Any greyhound permitholder or jai alai permitholder 706
10561056 licensed under this chapter may receive at its licensed location 707
10571057 broadcasts of dograces or jai alai games conducted at other 708
10581058 tracks or frontons located outside the state. All forms of pari -709
10591059 mutuel wagering are allowed on dograces or jai alai games 710
10601060 broadcast under this subsection. All money wagered by patrons on 711
10611061 dograces broadcast under this subsection shall be computed in 712
10621062 the amount of money wagered each performance f or purposes of 713
10631063 taxation under ss. 550.0951 and 550.09511. 714
10641064 Section 21. For the purpose of incorporating the amendment 715
10651065 made by this act to section 550.0951, Florida Statutes, in a 716
10661066 reference thereto, subsections (3) through (6) of section 717
10671067 550.26352, Florida Statutes, are reenacted to read: 718
10681068 550.26352 Breeders' Cup Meet; pools authorized; conflicts; 719
10691069 taxes; credits; transmission of races; rules; application. — 720
10701070 (3) If the permitholder conducting the Breeders' Cup Meet 721
10711071 is located within 35 miles of one or mo re permitholders 722
10721072 scheduled to conduct a thoroughbred race meet on any of the 3 723
10731073 days of the Breeders' Cup Meet, then operation on any of those 3 724
10741074 days by the other permitholders is prohibited. As compensation 725
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
10871087 for the loss of racing days caused thereby, such operating 726
10881088 permitholders shall receive a credit against the taxes otherwise 727
10891089 due and payable to the state under ss. 550.0951 and 550.09515. 728
10901090 This credit shall be in an amount equal to the operating loss 729
10911091 determined to have been suffered by the operating permit holders 730
10921092 as a result of not operating on the prohibited racing days, but 731
10931093 shall not exceed a total of $950,000. The determination of the 732
10941094 amount to be credited shall be made by the commission upon 733
10951095 application by the operating permitholder. The tax credits 734
10961096 provided in this subsection shall not be available unless an 735
10971097 operating permitholder is required to close a bona fide meet 736
10981098 consisting in part of no fewer than 10 scheduled performances in 737
10991099 the 15 days immediately preceding or 10 scheduled performances 738
11001100 in the 15 days immediately following the Breeders' Cup Meet. 739
11011101 Such tax credit shall be in lieu of any other compensation or 740
11021102 consideration for the loss of racing days. There shall be no 741
11031103 replacement or makeup of any lost racing days. 742
11041104 (4) Notwithstanding any provisio n of ss. 550.0951 and 743
11051105 550.09515, the permitholder conducting the Breeders' Cup Meet 744
11061106 shall pay no taxes on the handle included within the pari -mutuel 745
11071107 pools of said permitholder during the Breeders' Cup Meet. 746
11081108 (5) The permitholder conducting the Breeders' C up Meet 747
11091109 shall receive a credit against the taxes otherwise due and 748
11101110 payable to the state under ss. 550.0951 and 550.09515 generated 749
11111111 during said permitholder's next ensuing regular thoroughbred 750
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
11241124 race meet. This credit shall be in an amount not to exceed 751
11251125 $950,000 and shall be utilized by the permitholder to pay the 752
11261126 purses offered by the permitholder during the Breeders' Cup Meet 753
11271127 in excess of the purses which the permitholder is otherwise 754
11281128 required by law to pay. The amount to be credited shall be 755
11291129 determined by the commission upon application of the 756
11301130 permitholder which is subject to audit by the commission. 757
11311131 (6) The permitholder conducting the Breeders' Cup Meet 758
11321132 shall receive a credit against the taxes otherwise due and 759
11331133 payable to the state under ss. 550.0951 and 550.09515 generated 760
11341134 during said permitholder's next ensuing regular thoroughbred 761
11351135 race meet. This credit shall be in an amount not to exceed 762
11361136 $950,000 and shall be utilized by the permitholder for such 763
11371137 capital improvements and extraordinary expenses as may b e 764
11381138 necessary for operation of the Breeders' Cup Meet. The amount to 765
11391139 be credited shall be determined by the commission upon 766
11401140 application of the permitholder which is subject to audit by the 767
11411141 commission. 768
11421142 Section 22. For the purpose of incorporating the amen dment 769
11431143 made by this act to section 550.0951, Florida Statutes, in a 770
11441144 reference thereto, subsection (4) of section 550.375, Florida 771
11451145 Statutes, is reenacted to read: 772
11461146 550.375 Operation of certain harness tracks. — 773
11471147 (4) The permitholder conducting a harness hor se race meet 774
11481148 must pay the daily license fee, the admission tax, the tax on 775
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
11611161 breaks, and the tax on pari -mutuel handle provided in s. 776
11621162 550.0951 and is subject to all penalties and sanctions provided 777
11631163 in s. 550.0951(6). 778
11641164 Section 23. This act shall take effec t July 1, 2024. 779