Current through Reg. 50, No. 249, December 24, 2024
(1) The promoter
shall retain a copy of a written statement showing the distribution of the
purse, which statement shall include each item of receipt and each expenditure
or deduction, certified by the promoter to be correct, with receipted vouchers
for all expenditures and deductions for a period of five (5) years and shall
provide such copy to the commission if requested to do so.
(2) The manager shall retain a copy of the
manager's statement of distribution of the purse to the participant, certified
by the manager to be correct, with receipted vouchers for all expenditures and
deductions for a period of five (5) years and shall provide such copy to the
commission if requested to do so.
(3)
(a)
Following a program of matches held in Florida, the promoter shall file with
the commission as required by Section
548.06, F.S., a written report
of gross receipts on Form BPR-0009-453, "Post Event Tax Report for Live Event,"
effective (06/23), adopted and incorporated herein by reference, which can be
obtained at
http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html
or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-17239.
(b) The report shall be accompanied by a
ticket manifest prepared by an independent ticket distributer. The promoter
shall provide the commission with ticket stubs if a ticket manifest is not
available,
(c) The Commission shall
have the power to audit at all reasonable hours, at any promoter's office, for
the purpose of determining if any of the provisions of Section
548.06, F.S., or this rule, are
being violated. The Commission may perform the audit upon receipt by the
promoter of a written request from the Commission. The request shall specify a
reasonable time and place of performing the audit. During the audit, the
Commission may inspect and copy any records in the promoter's possession that
relate to the written report of gross receipts. In lieu of in-person audit and
upon approval by the Commission, the promoter may provide the requested records
to the Commission by regular mail or electronic transmission.
(d) Any inconsistencies revealed by an audit
shall be corrected by the promoter within 72 hours after receiving notification
by filing with the commission a corrected written report of gross receipts on a
new Form BPR-009-453.
(4)
(a)
Failure to file either or both the report and tax payment within the time
provided in Section 548.06, F.S., shall result in a
daily fine of 10 percent of the amount of the tax payment due or $25, whichever
is greater. A fine is calculated based upon the 10 percent of the tax payment
due, such fine shall not exceed $5,000. The fine shall accrue the day following
the end of the time provided for above and shall continue for each day that
either or both the report is not filed or the tax payment remains
unpaid.
(b) If the report and tax
payment filed with the commission is determined to be understated, the fine
assessment shall apply to the balance remaining after crediting the tax payment
filed. The fine shall start to accrue 72 hours following notice of the
underpayment being issued to the promoter responsible for the tax
payment.
Rulemaking Authority
548.003,
548.06 FS. Law Implemented
548.053,
548.06,
548.075
FS.
New 8-31-16.
