Section 61K1-3.021 - Professional Post-Match Reports Required to be Filed; Penalty for Late Filing(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)(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.Fla. Admin. Code Ann. R. 61K1-3.021
Rulemaking Authority 548.003, 548.06 FS. Law Implemented 548.053, 548.06, 548.075 FS.
Adopted by Florida Register Volume 42, Number 159, August 16, 2016 effective 8/31/2016.