Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7212
       
       
       
       FOR CONSIDERATION By the Committee on Commerce and Tourism
       
       
       
       
       577-03070B-12                                         20127212__
    1                        A bill to be entitled                      
    2         An act relating to the entertainment industry
    3         financial incentive program; amending s. 288.1254,
    4         F.S.; revising definitions; providing that a hurricane
    5         does not disqualify certain high-impact television
    6         series that are off-season certified productions from
    7         eligibility for an additional tax credit; deleting
    8         provisions limiting the amount of tax credits for
    9         high-impact television series and digital media
   10         productions; providing criteria for determining
   11         priority for tax credits that have not yet been
   12         certified; reducing the required percent of certain
   13         production components necessary to qualify for
   14         additional credits; providing for application;
   15         providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraphs (b), (d), and (f) of subsection (1),
   20  and paragraph (b) of subsection (4) of section 288.1254, Florida
   21  Statutes, are amended, present paragraphs (c) through (o) of
   22  subsection (1) of that section are redesignated as paragraphs
   23  (d) through (p), respectively, and a new paragraph (c) is added
   24  to that subsection, to read:
   25         288.1254 Entertainment industry financial incentive
   26  program.—
   27         (1) DEFINITIONS.—As used in this section, the term:
   28         (b) “Digital media project” means a production of
   29  interactive entertainment that is produced for distribution in
   30  commercial or educational markets. The term includes a video
   31  game or production intended for Internet or wireless
   32  distribution, digital animation, and visual effects, including,
   33  but not limited to, three-dimensional movie productions and
   34  movie conversions. The term does not include a production that
   35  contains obscene content that is obscene as defined in s.
   36  847.001(10).
   37         (c) “High-impact digital media” means a digital media
   38  project that has qualified expenditures greater than $4.5
   39  million.
   40         (e)(d) “Off-season certified production” means a feature
   41  film, independent film, or television series or pilot that which
   42  films 75 percent or more of its principal photography days from
   43  June 1 through November 30, or a high-impact television series
   44  that films principal photography during at least 75 percent of
   45  the days from June 1 through November 30.
   46         (g)(f) “Production” means a theatrical or direct-to-video
   47  motion picture; a made-for-television motion picture; visual
   48  effects or digital animation sequences produced in conjunction
   49  with a motion picture; a commercial; a music video; an
   50  industrial or educational film; an infomercial; a documentary
   51  film; a television pilot program; a presentation for a
   52  television pilot program; a television series, including, but
   53  not limited to, a drama, a reality show, a comedy, a soap opera,
   54  a telenovela, a game show, an awards show, or a miniseries
   55  production; or a digital media project by the entertainment
   56  industry. One season of a television series is considered one
   57  production. The term does not include a weather or market
   58  program; a sporting event or a sporting event broadcast; a
   59  sports show; a gala; a production that solicits funds; a home
   60  shopping program; a political program; a political documentary;
   61  political advertising; a gambling-related project or production;
   62  a concert production; or a local, regional, or Internet
   63  distributed-only news show or, current-events show; a sports
   64  news or sports recap show; a, pornographic production;, or any
   65  production deemed obscene under chapter 847 current-affairs
   66  show. A production may be produced on or by film, tape, or
   67  otherwise by means of a motion picture camera; electronic camera
   68  or device; tape device; computer; any combination of the
   69  foregoing; or any other means, method, or device.
   70         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
   71  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
   72  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
   73  ACQUISITIONS.—
   74         (b) Tax credit eligibility.—
   75         1. General production queue.—Ninety-four percent of tax
   76  credits authorized pursuant to subsection (6) in any state
   77  fiscal year must be dedicated to the general production queue.
   78  The general production queue consists of all qualified
   79  productions other than those eligible for the commercial and
   80  music video queue or the independent and emerging media
   81  production queue. A qualified production that demonstrates a
   82  minimum of $625,000 in qualified expenditures is eligible for
   83  tax credits equal to 20 percent of its actual qualified
   84  expenditures, up to a maximum of $8 million. A qualified
   85  production that incurs qualified expenditures during multiple
   86  state fiscal years may combine those expenditures to satisfy the
   87  $625,000 minimum threshold.
   88         a. An off-season certified production that is a feature
   89  film, independent film, or television series or pilot is
   90  eligible for an additional 5 percent 5-percent tax credit on
   91  actual qualified expenditures. An off-season certified
   92  production that does not complete 75 percent of principal
   93  photography, or a high-impact television series that is an off
   94  season certified production that does not film principal
   95  photography during at least 75 percent of the days from June 1
   96  through November 30, due to a disruption caused by a hurricane
   97  or tropical storm may not be disqualified from eligibility for
   98  the additional 5 percent 5-percent credit as a result of the
   99  disruption.
  100         b. If more than 25 percent of the sum of total tax credits
  101  awarded to productions after July 1, 2010, and total tax credits
  102  certified, but not yet awarded, to productions currently in this
  103  state has been awarded for television series, then no television
  104  series or pilot shall be eligible for tax credits under this
  105  subparagraph.
  106         c. The calculations required by this sub-subparagraph shall
  107  use only credits available to be certified and awarded on or
  108  after July 1, 2011.
  109         (I) If the provisions of sub-subparagraph b. are not
  110  applicable and less than 25 percent of the sum of the total tax
  111  credits awarded to productions and the total tax credits
  112  certified, but not yet awarded, to productions currently in this
  113  state has been to high-impact television series, any qualified
  114  high-impact television series shall be allowed first position in
  115  this queue for tax credit awards not yet certified.
  116         (II) If less than 20 percent of the sum of the total tax
  117  credits awarded to productions and the total tax credits
  118  certified, but not yet awarded, to productions currently in this
  119  state has been to digital media projects, any digital media
  120  project with qualified expenditures of greater than $4,500,000
  121  shall be allowed first position in this queue for tax credit
  122  awards not yet certified.
  123         b.(III)First priority in the queue for tax credit awards
  124  not yet certified shall be given to high-impact television
  125  series and high-impact digital media projects. For the purposes
  126  of determining priority position between a high-impact
  127  television series allowed first position and a high-impact
  128  digital media project allowed first position under this sub
  129  subparagraph, the first position shall go to the first
  130  application received. Thereafter, priority shall be determined
  131  by alternating between a high-impact television series and a
  132  high-impact digital media project tax credits shall be awarded
  133  on a first-come, first-served basis. However, if the Office of
  134  Film and Entertainment receives an application for a high-impact
  135  television series or high-impact digital media project that
  136  would be certified but for the alternating priority, the office
  137  may certify the project as being in the priority position if an
  138  application that would normally be prioritized is not received
  139  within 5 business days.
  140         c.d. A qualified production for which that incurs at least
  141  25 85 percent of its principal photography days occur qualified
  142  expenditures within a region designated as an underutilized
  143  region at the time that the production is certified is eligible
  144  for an additional 5 percent 5-percent tax credit.
  145         d.e.A Any qualified production that employs students
  146  enrolled full-time in a film and entertainment-related or
  147  digital media-related course of study at an institution of
  148  higher education in this state is eligible for an additional 15
  149  percent 15-percent tax credit on qualified expenditures that are
  150  wages, salaries, or other compensation paid to such students.
  151  The additional 15 percent 15-percent tax credit is shall also be
  152  applicable to persons hired within 12 months after of graduating
  153  from a film and entertainment-related or digital media-related
  154  course of study at an institution of higher education in this
  155  state. The additional 15 percent 15-percent tax credit applies
  156  shall apply to qualified expenditures that are wages, salaries,
  157  or other compensation paid to such recent graduates for 1 year
  158  after from the date of hiring.
  159         e.f. A qualified production for which 25 50 percent or more
  160  of its principal photography occurs at a qualified production
  161  facility, or a qualified digital media project or the digital
  162  animation component of a qualified production for which 25 50
  163  percent or more of the project’s or component’s qualified
  164  expenditures are related to a qualified digital media production
  165  facility, is shall be eligible for an additional 5 percent 5
  166  percent tax credit on actual qualified expenditures for
  167  production activity at that facility.
  168         f.g.A No qualified production is not shall be eligible for
  169  tax credits provided under this paragraph totaling more than 30
  170  percent of its actual qualified expenses.
  171         2. Commercial and music video queue.—Three percent of tax
  172  credits authorized pursuant to subsection (6) in any state
  173  fiscal year must be dedicated to the commercial and music video
  174  queue. A qualified production company that produces national or
  175  regional commercials or music videos may be eligible for a tax
  176  credit award if it demonstrates a minimum of $100,000 in
  177  qualified expenditures per national or regional commercial or
  178  music video and exceeds a combined threshold of $500,000 after
  179  combining actual qualified expenditures from qualified
  180  commercials and music videos during a single state fiscal year.
  181  After a qualified production company that produces commercials,
  182  music videos, or both reaches the threshold of $500,000, it is
  183  eligible to apply for certification for a tax credit award. The
  184  maximum credit award shall be equal to 20 percent of its actual
  185  qualified expenditures up to a maximum of $500,000. If there is
  186  a surplus at the end of a fiscal year after the Office of Film
  187  and Entertainment certifies and determines the tax credits for
  188  all qualified commercial and video projects, such surplus tax
  189  credits shall be carried forward to the following fiscal year
  190  and are be available to any eligible qualified productions under
  191  the general production queue.
  192         3. Independent and emerging media production queue.—Three
  193  percent of tax credits authorized pursuant to subsection (6) in
  194  any state fiscal year must be dedicated to the independent and
  195  emerging media production queue. This queue is intended to
  196  encourage Florida independent film and emerging media production
  197  in this state. Any qualified production, excluding commercials,
  198  infomercials, or music videos, which that demonstrates at least
  199  $100,000, but not more than $625,000, in total qualified
  200  expenditures is eligible for tax credits equal to 20 percent of
  201  its actual qualified expenditures. If a surplus exists at the
  202  end of a fiscal year after the Office of Film and Entertainment
  203  certifies and determines the tax credits for all qualified
  204  independent and emerging media production projects, such surplus
  205  tax credits shall be carried forward to the following fiscal
  206  year and are be available to any eligible qualified productions
  207  under the general production queue.
  208         4. Family-friendly productions.—A certified theatrical or
  209  direct-to-video motion picture production or video game
  210  determined by the Commissioner of Film and Entertainment, with
  211  the advice of the Florida Film and Entertainment Advisory
  212  Council, to be family-friendly, based on the review of the
  213  script and the review of the final release version, is eligible
  214  for an additional tax credit equal to 5 percent of its actual
  215  qualified expenditures. Family-friendly productions are those
  216  that have cross-generational appeal; would be considered
  217  suitable for viewing by children age 5 or older; are appropriate
  218  in theme, content, and language for a broad family audience;
  219  embody a responsible resolution of issues; and do not exhibit or
  220  imply any act of smoking, sex, nudity, or vulgar or profane
  221  language.
  222         Section 2. This act shall take effect upon becoming a law,
  223  and applies to credits awarded on or after that date.