Florida Senate - 2009                                     SB 350
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-00275-09                                            2009350__
    1                        A bill to be entitled                      
    2         An act relating to entertainment industry economic
    3         development; amending s. 288.1254, F.S.; revising the
    4         entertainment industry financial incentive program to
    5         provide corporate income tax and sales and use tax
    6         credits to qualified entertainment entities rather
    7         than reimbursements from appropriations; revising
    8         provisions relating to definitions, creation and
    9         scope, application procedures, approval process,
   10         eligibility, required documents, qualified and
   11         certified productions, and annual reports; providing
   12         duties and responsibilities of the Office of Film and
   13         Entertainment, the Office of Tourism, Trade, and
   14         Economic Development, and the Department of Revenue
   15         relating to the tax credits; providing criteria and
   16         limitations for awards of tax credits; providing for
   17         uses, allocations, election, distributions, and
   18         carryforward of the tax credits; providing for
   19         withdrawal of tax credit eligibility; providing for
   20         use of consolidated returns; providing for partnership
   21         and noncorporate distributions of tax credits;
   22         providing for succession of tax credits; providing
   23         requirements for transfer of tax credits; authorizing
   24         the Office of Tourism, Trade, and Economic Development
   25         to adopt rules, policies, and procedures; authorizing
   26         the Department of Revenue to adopt rules and conduct
   27         audits; providing for revocation and forfeiture of tax
   28         credits; providing liability for reimbursement of
   29         certain costs and fees associated with a fraudulent
   30         claim; requiring an annual report to the Governor and
   31         the Legislature; providing for future repeal; amending
   32         s. 220.02, F.S.; including tax credits enumerated in
   33         s. 288.1254, F.S., in the order of application of
   34         credits against certain taxes; amending s. 213.053,
   35         F.S.; authorizing the Department of Revenue to provide
   36         tax credit information to the Office of Film and
   37         Entertainment and the Office of Tourism, Trade, and
   38         Economic Development; amending s. 212.08, F.S.;
   39         requiring electronic funds transfer for the
   40         entertainment industry tax credit; providing
   41         procedures; providing for severability; providing an
   42         effective date.
   43         
   44  Be It Enacted by the Legislature of the State of Florida:
   45         
   46         Section 1. Section 288.1254, Florida Statutes, is amended
   47  to read:
   48         (Substantial rewording of section. See
   49         s. 288.1254, F.S., for present text.)
   50         288.1254 Entertainment industry financial incentive
   51  program.—
   52         (1) DEFINITIONS.—As used in this section, the term:
   53         (a) “Certified production” means a qualified production
   54  that has tax credits allocated to it by the Office of Tourism,
   55  Trade, and Economic Development based on its estimated qualified
   56  expenditures, up to its maximum certified amount of tax credits,
   57  by the Office of Tourism, Trade, and Economic Development. The
   58  term excludes a production if its first day of principal
   59  photography in this state occurred before the production is
   60  certified by the Office of Tourism, Trade, and Economic
   61  Development.
   62         (b) “Digital media project” means a production of
   63  interactive entertainment which is produced for distribution in
   64  commercial or educational markets, including a video game,
   65  simulation, or animation, or a production intended for Internet
   66  or wireless distribution. The term excludes a production deemed
   67  by the Office of Film and Entertainment to contain obscene
   68  content as defined in s. 847.001(10).
   69         (c) “Off-season certified production” means a production,
   70  other than a digital media project or an animated production,
   71  which films 75 percent or more of its principal photography days
   72  from June 1 through November 30.
   73         (d) “Production” means a theatrical or direct-to-video
   74  motion picture; a made-for-television motion picture; a
   75  commercial; a music video; an industrial or educational film; an
   76  infomercial; a documentary film; a television pilot program; a
   77  presentation for a television pilot program; a television
   78  series, including, but not limited to, a drama, a reality show,
   79  a comedy, a soap opera, a telenovela, a game show, or a
   80  miniseries production; or a digital media project by the
   81  entertainment industry. One season of a television series is
   82  considered one production. The term excludes a weather or market
   83  program; a sporting event; a sports show; a gala; a production
   84  that solicits funds; a home shopping program; a political
   85  program; a political documentary; political advertising; a
   86  gambling-related project or production; a concert production; a
   87  pornographic production; or a local, regional, or Internet
   88  distributed-only news show, current-events show, pornographic
   89  production, or current-affairs show. A production may be
   90  produced on or by film, tape, or otherwise by means of a motion
   91  picture camera; electronic camera or device; tape device;
   92  computer; any combination of the foregoing; or any other means,
   93  method, or device now used or later adopted.
   94         (e) “Production expenditures” means the costs of tangible
   95  and intangible property used and services performed primarily
   96  and customarily in production, including preproduction and
   97  postproduction, excluding costs for development, marketing, and
   98  distribution. Production expenditures include, but are not
   99  limited to:
  100         1. Wages, salaries, or other compensation, including
  101  amounts paid through payroll service companies, for technical
  102  and production crews, directors, producers, and performers.
  103         2. Expenditures for sound stages, backlots, production
  104  editing, digital effects, sound recordings, sets, and set
  105  construction.
  106         3. Expenditures for rental equipment, including, but not
  107  limited to, cameras and grip or electrical equipment.
  108         4. Costs of computer software and hardware, including
  109  servers, data processing, and visualization technologies used
  110  exclusively in the state for the production of digital media.
  111         5. Expenditures for meals, travel, and accommodations.
  112         (f) “Qualified expenditures” means production expenditures
  113  incurred in this state by a qualified production for:
  114         1. Goods purchased or leased from, or services provided by,
  115  a vendor or supplier, including a payroll services company, in
  116  this state which is registered with the Department of State or
  117  the Department of Revenue and doing business in this state.
  118         2. Payments to residents of this state in the form of
  119  salary, wages, or other compensation up to a maximum of $1
  120  million per resident unless otherwise specified in subsection
  121  (4).
  122  For a qualified production involving an event, such as an awards
  123  show, the term excludes expenditures solely associated with the
  124  event itself and not directly required by the production. The
  125  term excludes expenditures prior to certification, with the
  126  exception of those incurred for a commercial, a music video, or
  127  the pickup of additional episodes of a television series within
  128  a single season.
  129         (g) “Qualified production” means a production in this state
  130  meeting the requirements of this section. The term excludes a
  131  production:
  132         1. In which less than 50 percent of the positions that make
  133  up its production cast and below-the-line production crew are
  134  filled by residents of this state, whose residency is
  135  demonstrated by a valid Florida driver's license or other state
  136  issued identification confirming residency, or students enrolled
  137  full-time in a film-and-entertainment-related course of study at
  138  an institution of higher education in this state; or
  139         2. That is deemed by the Office of Film and Entertainment
  140  to contain obscene content as defined in s. 847.001(10).
  141         (h) “Qualified production company” means a corporation,
  142  limited liability company, partnership, or other legal entity
  143  engaged in a production or productions.
  144         (2) CREATION AND PURPOSE OF PROGRAM.—The entertainment
  145  industry financial incentive program is created within the
  146  Office of Film and Entertainment. The purpose of this program is
  147  to encourage the use of this state as a site for filming and to
  148  develop and sustain the workforce and infrastructure for film
  149  and entertainment production.
  150         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
  151         (a) Program application.—A qualified production company in
  152  this state producing a qualified production may submit a program
  153  application to the Office of Film and Entertainment for the
  154  purpose of determining qualification for an award of tax credits
  155  authorized by this section no earlier than 6 months before the
  156  anticipated production start date. The applicant shall provide
  157  the office with information required to determine whether the
  158  production is a qualified production and to determine the
  159  qualified expenditures and other information necessary for the
  160  office to determine eligibility for the tax credit.
  161         (b) Required documentation.—The Office of Film and
  162  Entertainment shall develop an application form for qualifying
  163  an applicant as a qualified production. The form must include,
  164  but need not be limited to, production-related information
  165  concerning employment of residents in this state, a detailed
  166  budget of planned qualified expenditures, and the applicant's
  167  signed affirmation that the information on the form has been
  168  verified and is correct. The Office of Film and Entertainment
  169  and local film commissions shall distribute the form.
  170         (c) Application process.—The Office of Film and
  171  Entertainment shall establish a process by which an application
  172  is accepted and reviewed and by which tax credit eligibility and
  173  amount are determined. The office may request assistance from a
  174  duly appointed local film commission in determining compliance
  175  with this section.
  176         (d) Certification.—The Office of Film and Entertainment
  177  shall review the application within 10 business days after
  178  receipt. Upon its determination that the application contains
  179  all the information required by this subsection and meets the
  180  criteria set out in this section, the office shall qualify the
  181  applicant and recommend to the Office of Tourism, Trade, and
  182  Economic Development that the applicant be certified for the
  183  maximum tax credit award amount. Within 5 business days after
  184  receipt of the recommendation, the Office of Tourism, Trade, and
  185  Economic Development shall reject the recommendation or certify
  186  the maximum recommended tax credit award, if any, to the
  187  applicant and to the executive director of the Department of
  188  Revenue.
  189         (e) Grounds for denial.—The Office of Film and
  190  Entertainment shall deny an application if it determines that
  191  the application is not complete, the production does not meet
  192  the requirements of this section, or the tax credit sought does
  193  not meet the requirements of this section.
  194         (f) Verification of actual qualified expenditures.
  195         1. The Office of Film and Entertainment shall develop a
  196  process to verify the actual qualified expenditures of a
  197  certified production. The process must require:
  198         a. A certified production to submit, in a timely manner
  199  after production ends and after making all of its qualified
  200  expenditures, data substantiating each qualified expenditure to
  201  an independent certified public accountant licensed in this
  202  state;
  203         b. Such accountant to conduct an audit, at the certified
  204  production's expense, to substantiate each qualified expenditure
  205  and submit the results as a report, along with all
  206  substantiating data, to the Office of Film and Entertainment;
  207  and
  208         c. The Office of Film and Entertainment to review the
  209  accountant's submittal and report to the Office of Tourism,
  210  Trade, and Economic Development the final verified amount of
  211  actual qualified expenditures made by the certified production.
  212         2. The Office of Tourism, Trade, and Economic Development
  213  shall determine and approve the final tax credit award amount to
  214  each certified applicant based on the final verified amount of
  215  actual qualified expenditures and shall then notify the
  216  executive director of the Department of Revenue that the
  217  certified production has met the requirements of the incentive
  218  program and of the final amount of the tax credit award.
  219         (g) Promoting Florida.—The Office of Film and Entertainment
  220  shall ensure that, as a condition of receiving a tax credit
  221  under this section, marketing materials promoting this state as
  222  a tourist destination or film and entertainment production
  223  destination are included, when appropriate, at no cost to the
  224  state, which must, at a minimum, include placement in the end
  225  credits of a “Filmed in Florida” logo with size and placement
  226  commensurate to other logos included in the end credits or, if
  227  no logos are used, the statement “Filmed in Florida using
  228  Florida's Entertainment Industry Financial Incentive,” or a
  229  similar statement approved by the Office of Film and
  230  Entertainment before such placement. The Office of Film and
  231  Entertainment shall develop a “Filmed in Florida” logo and
  232  supply it for the purposes specified in this paragraph.
  233         (4) TAX CREDIT ELIGIBILITY; ELECTION AND DISTRIBUTION;
  234  CARRYFORWARD; CONSOLIDATED RETURNS; PARTNERSHIP AND NONCORPORATE
  235  DISTRIBUTIONS; MERGERS AND ACQUISITIONS.—
  236         (a) Tax credit award.—Tax credits awarded under this
  237  section in a fiscal year shall be made to qualified productions
  238  according to the principal photography start date of the
  239  productions, except for digital media projects, which shall be
  240  based on the start date of the productions.
  241         (b) Tax credit eligibility.
  242         1. A qualified production, excluding commercials, music
  243  videos, digital media projects, and independent Florida films,
  244  that demonstrates a minimum of $500,000 in qualified
  245  expenditures is eligible for tax credits equal to 20 percent of
  246  its actual qualified expenditures.
  247         2. An off-season certified production is eligible for an
  248  additional 5 percent tax credit on actual qualified
  249  expenditures. An off-season certified production that does not
  250  complete 75 percent of principal photography due to disruption
  251  caused by a hurricane or tropical storm may not be disqualified
  252  from eligibility for the additional 5 percent credit as a result
  253  of the disruption.
  254         3. A qualified production company that produces national or
  255  regional commercials or music videos may be eligible for a tax
  256  credit award if it demonstrates a minimum of $100,000 in
  257  qualified expenditures per national or regional commercial or
  258  music video and exceeds a combined threshold of $500,000 after
  259  combining actual qualified expenditures from qualified
  260  commercials and music videos during a single state fiscal year.
  261  After a qualified production company that produces commercials,
  262  music videos, or both reaches the threshold of $500,000, it is
  263  eligible to apply for certification for a tax credit award. The
  264  maximum credit award shall be equal to 10 percent of its actual
  265  qualified expenditures up to a maximum of $500,000.
  266         4. A qualified production that is a digital media project
  267  that demonstrates a minimum of $300,000 in total qualified
  268  expenditures is eligible for a tax credit equal to 20 percent of
  269  its actual qualified expenditures. As used in this subparagraph,
  270  the term “qualified expenditures” means the wages or salaries
  271  paid to a resident of this state for working on a single
  272  qualified digital media project, up to a maximum of $200,000 in
  273  wages or salaries paid per resident. A qualified production
  274  company producing digital media projects may not qualify for
  275  more than three projects in a fiscal year. A project that
  276  extends beyond a fiscal year must reapply each fiscal year in
  277  order to be eligible for a tax credit award for that year.
  278         5. An independent Florida film that meets the criteria of
  279  this subparagraph and demonstrates a minimum of $100,000, but
  280  not more than $625,000, in total qualified expenditures is
  281  eligible for tax credits equal to 15 percent of its actual
  282  qualified expenditures. To qualify for this tax credit, a
  283  qualified production must:
  284         a. Be planned as a feature film or documentary of no less
  285  than 70 minutes in length.
  286         b. Provide evidence of 50 percent of the financing for its
  287  total budget in an escrow account or other form dedicated to the
  288  production.
  289         c. Do all major postproduction in this state.
  290         d. Employ Florida workers in at least six of the following
  291  key positions: writer, director, producer, director of
  292  photography, star or one of the lead actors, unit production
  293  manager, editor, or production designer. As used in this sub
  294  subparagraph, the term “Florida worker” means a person who has
  295  been a resident of this state for at least 1 year before a
  296  production's application under subsection (3) was submitted or a
  297  person who graduated from a film school, college, university, or
  298  community college in this state no more than 5 years before such
  299  submittal or who is enrolled full time in such a school,
  300  college, or university.
  301         6. A certified production determined by the Commissioner of
  302  Film and Entertainment, with the advice of the Florida Film and
  303  Entertainment Advisory Council, to be family friendly, based on
  304  the review of the script and an interview with the director, is
  305  eligible for an additional tax credit equal to 2 percent of its
  306  actual qualified expenditures. Family friendly productions are
  307  those that have cross-generational appeal; would be considered
  308  suitable for viewing by children age 5 or older; are appropriate
  309  in theme, content, and language for a broad family audience;
  310  embody a responsible resolution of issues; and do not exhibit
  311  any act of smoking, sex, nudity, or vulgar or profane language.
  312  Each qualified production under this paragraph shall make a good
  313  faith effort to use existing providers of infrastructure or
  314  equipment in this state, including, but not limited to,
  315  providers of camera gear, grip and lighting equipment, vehicle
  316  providers, and postproduction services when available in-state.
  317         (c) Withdrawal of tax credit eligibility.—A qualified or
  318  certified production shall continue on a reasonable schedule,
  319  which means beginning principal photography or in the case of a
  320  digital media project the start date of the production, in this
  321  state no more than 45 calendar days before or after the date
  322  provided in the production's program application. The Office of
  323  Tourism, Trade, and Economic Development shall withdraw the
  324  eligibility of a qualified or certified production that does not
  325  continue on a reasonable schedule.
  326         (d) Election and distribution of tax credits.—A certified
  327  production company receiving a tax credit award under this
  328  section shall, at the time the credit is awarded by the Office
  329  of Tourism, Trade, and Economic Development after production is
  330  completed and all requirements to receive a credit award have
  331  been met, make an irrevocable election to apply the credit
  332  against taxes due under chapter 220, against taxes collected or
  333  accrued under chapter 212, or against a stated combination of
  334  the two taxes. The election shall be binding upon any
  335  distributee, successor, transferee, or purchaser. The Office of
  336  Tourism, Trade, and Economic Development shall notify the
  337  Department of Revenue of any election made pursuant to this
  338  paragraph.
  339         (e) Tax credit carryforward.—If the certified production
  340  company cannot use the entire tax credit in the taxable year or
  341  reporting period in which the credit is awarded, any excess
  342  amount may be carried forward to a succeeding taxable year or
  343  reporting period. A tax credit applied against taxes imposed
  344  under chapter 212 may be carried forward for a maximum of 5
  345  years following the date of award. A tax credit applied against
  346  taxes imposed under chapter 220 may be carried forward for a
  347  maximum of 5 years following the year in which the credit was
  348  awarded, after which the credit expires and may not be used.
  349         (f) Consolidated returns.—A certified production company
  350  that files a Florida consolidated return as a member of an
  351  affiliated group under s. 220.131(1) may be allowed the credit
  352  on a consolidated return basis up to the amount of the tax
  353  imposed upon the consolidated group under chapter 220.
  354         (g) Partnership and noncorporate distributions.—A qualified
  355  production company that is not a corporation as defined in s.
  356  220.03 may elect to distribute tax credits awarded under this
  357  section to its partners or members in proportion to their
  358  respective distributive income or loss in the taxable fiscal
  359  year in which the tax credits were awarded.
  360         (h) Mergers or acquisitions.—Tax credits available under
  361  this section to a certified production company may succeed to a
  362  surviving or acquiring entity subject to the same conditions and
  363  limitations as described in this section; however, they may not
  364  be transferred again by the surviving or acquiring entity.
  365         (5) TRANSFER OF TAX CREDITS.—
  366         (a) Authorization.—Upon application to the Office of Film
  367  and Entertainment and approval by the Office of Tourism, Trade,
  368  and Economic Development, a certified production company, or a
  369  partner or member that has received a distribution under
  370  paragraph (4)(g), may elect to transfer, in whole or in part,
  371  any unused credit amount granted under this section. An election
  372  to transfer any unused tax credit amount under chapter 212 or
  373  chapter 220 must be made no later than 5 years from the date the
  374  credit was awarded, after which period the credit expires and
  375  may not be used. The Office of Tourism, Trade, and Economic
  376  Development shall notify the Department of Revenue of the
  377  election and transfer.
  378         (b) Number of transfers permitted.—A certified production
  379  company that has elected to apply a credit amount against taxes
  380  remitted under chapter 212 is permitted a one-time transfer of
  381  unused credits to one transferee. A certified production company
  382  that has elected to apply a credit amount against taxes due
  383  under chapter 220 is permitted a one-time transfer of unused
  384  credits to no more than four transferees, and such transfers
  385  shall occur in the same taxable year.
  386         (c) Transferee rights and limitations.—The transferee is
  387  subject to the same rights and limitations as the certified
  388  production company awarded the tax credit, except that the
  389  transferee may not sell or otherwise transfer the tax credit.
  390         (d) Rulemaking.—The Department of Revenue may adopt rules
  391  pursuant to ss. 120.536(1) and 120.54 to administer this
  392  subsection, as provided in subsection (6).
  393         (6) RULES, POLICIES, AND PROCEDURES.—
  394         (a) The Office of Tourism, Trade, and Economic Development
  395  may adopt rules pursuant to ss. 120.536(1) and 120.54 and
  396  develop policies and procedures to implement and administer this
  397  section, including, but not limited to, rules specifying
  398  requirements for the application and approval process, records
  399  required for substantiation for tax credits, procedures for
  400  making the election in paragraph (4)(d), the manner and form of
  401  documentation required to claim tax credits awarded or
  402  transferred under this section, and marketing requirements for
  403  tax credit recipients.
  404         (b) The Department of Revenue may adopt rules pursuant to
  405  ss. 120.536(1) and 120.54 to administer this section, including
  406  rules governing the examination and audit procedures required to
  407  administer this section and the manner and form of documentation
  408  required to claim tax credits awarded or transferred under this
  409  section.
  410         (7) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
  411  CREDITS; FRAUDULENT CLAIMS.—
  412         (a) Audit authority.—The Department of Revenue may conduct
  413  examinations and audits as provided in s. 213.34 to verify that
  414  tax credits under this section have been received, transferred,
  415  and applied according to the requirements of this section. If
  416  the Department of Revenue determines that tax credits have not
  417  been received, transferred, or applied as required by this
  418  section, it may, in addition to the remedies provided in this
  419  subsection, pursue recovery of such funds pursuant to the laws
  420  and rules governing the assessment of taxes.
  421         (b) Revocation of tax credits.—The Office of Tourism,
  422  Trade, and Economic Development may revoke or modify any written
  423  decision qualifying, certifying, or otherwise granting
  424  eligibility for tax credits under this section if it is
  425  discovered that the tax credit applicant submitted any false
  426  statement, representation, or certification in any application,
  427  record, report, plan, or other document filed in an attempt to
  428  receive tax credits under this section. The Office of Tourism,
  429  Trade, and Economic Development shall immediately notify the
  430  Department of Revenue of any revoked or modified orders
  431  affecting previously granted tax credits. Additionally, the
  432  applicant must notify the Department of Revenue of any change in
  433  its tax credit claimed.
  434         (c) Forfeiture of tax credits.—A determination by the
  435  Department of Revenue, as a result of an audit or examination by
  436  the Department of Revenue or from information received from the
  437  Office of Film and Entertainment, that an applicant received tax
  438  credits pursuant to this section to which the applicant was not
  439  entitled is grounds for forfeiture of previously claimed and
  440  received tax credits. The applicant is responsible for returning
  441  forfeited tax credits to the Department of Revenue, and such
  442  funds shall be paid into the General Revenue Fund of the state.
  443  Tax credits purchased in good faith are not subject to
  444  forfeiture unless the transferee submitted fraudulent
  445  information in the purchase or failed to meet the requirements
  446  in subsection (5).
  447         (d) Fraudulent claims.—Any applicant that submits
  448  information under this section that includes fraudulent
  449  information is liable for reimbursement of the reasonable costs
  450  and fees associated with the review, processing, investigation,
  451  and prosecution of the fraudulent claim. An applicant that
  452  obtains a credit payment under this section through a claim that
  453  is fraudulent is liable for reimbursement of the credit amount
  454  plus a penalty in an amount double the credit amount. The
  455  penalty is in addition to any criminal penalty to which the
  456  applicant is liable for the same acts. The applicant is also
  457  liable for costs and fees incurred by the state in investigating
  458  and prosecuting the fraudulent claim.
  459         (8) ANNUAL REPORT.—Each October 1, the Office of Film and
  460  Entertainment shall provide an annual report for the previous
  461  fiscal year to the Governor, the President of the Senate, and
  462  the Speaker of the House of Representatives which outlines the
  463  return on investment and economic benefits to the state.
  464         (9) REPEAL.—This section is repealed July 1, 2014, except
  465  that the tax credit carryforward provided in this section shall
  466  continue to be valid for the period specified.
  467         Section 2. Subsection (8) of section 220.02, Florida
  468  Statutes, is amended to read:
  469         220.02 Legislative intent.—
  470         (8) It is the intent of the Legislature that credits
  471  against either the corporate income tax or the franchise tax be
  472  applied in the following order: those enumerated in s. 631.828,
  473  those enumerated in s. 220.191, those enumerated in s. 220.181,
  474  those enumerated in s. 220.183, those enumerated in s. 220.182,
  475  those enumerated in s. 220.1895, those enumerated in s. 221.02,
  476  those enumerated in s. 220.184, those enumerated in s. 220.186,
  477  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  478  those enumerated in s. 220.185, those enumerated in s. 220.187,
  479  those enumerated in s. 220.192, and those enumerated in s.
  480  220.193, and those enumerated in s. 288.1254.
  481         Section 3. Paragraph (z) is added to subsection (8) of
  482  section 213.053, Florida Statutes, to read:
  483         213.053 Confidentiality and information sharing.—
  484         (8) Notwithstanding any other provision of this section,
  485  the department may provide:
  486         (z) Information relative to tax credits taken under s.
  487  288.1254 to the Office of Film and Entertainment and the Office
  488  of Tourism, Trade, and Economic Development.
  489  Disclosure of information under this subsection shall be
  490  pursuant to a written agreement between the executive director
  491  and the agency. Such agencies, governmental or nongovernmental,
  492  shall be bound by the same requirements of confidentiality as
  493  the Department of Revenue. Breach of confidentiality is a
  494  misdemeanor of the first degree, punishable as provided by s.
  495  775.082 or s. 775.083.
  496         Section 4. Paragraph (q) is added to subsection (5) of
  497  section 212.08, Florida Statutes, to read:
  498         212.08 Sales, rental, use, consumption, distribution, and
  499  storage tax; specified exemptions.—The sale at retail, the
  500  rental, the use, the consumption, the distribution, and the
  501  storage to be used or consumed in this state of the following
  502  are hereby specifically exempt from the tax imposed by this
  503  chapter.
  504         (5) EXEMPTIONS; ACCOUNT OF USE.—
  505         (q) Entertainment industry tax credit; authorization;
  506  eligibility for credits.
  507         1. For the fiscal years beginning July 1, 2009, and ending
  508  June 30, 2014, a qualified production company as defined in s.
  509  288.1254(1)(g), is eligible for tax credits against its sales
  510  and use tax liabilities as provided in s. 288.1254.
  511         2. The credit shall be deducted from any sales and use tax
  512  remitted by the dealer to the department by electronic funds
  513  transfer and can only be deducted on a sales and use tax return
  514  initiated through electronic data interchange. The dealer shall
  515  separately state the credit on the electronic return. The net
  516  amount of tax due and payable must be remitted by electronic
  517  funds transfer. If the credit for the qualified expenditures is
  518  larger than the amount owed on the sales and use tax return, the
  519  amount of the credit may be carried forward to a succeeding
  520  reporting period. A dealer may obtain a credit using only the
  521  method described in this subparagraph. A dealer is not
  522  authorized to obtain a credit by applying for a refund.
  523         Section 5. If any provision of this act or the application
  524  thereof to any person or circumstance is held invalid, the
  525  invalidity shall not affect other provisions or applications of
  526  the act which can be given effect without the invalid provision
  527  or application, and to this end the provisions of this act are
  528  declared severable.
  529         Section 6. This act shall take effect July 1, 2009.