Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1576
       
       
       
       
       
       
                                Ì860054ÅÎ860054                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2017           .                                
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       The Committee on Commerce and Tourism (Gibson) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 84 - 156
    4  and insert:
    5         (h) “Tier one sales agency” means an agency that has sold
    6  at least $50 million in feature films.
    7         (2) CORPORATION.—The Florida Film Investment Corporation is
    8  created as a corporation not for profit, to be incorporated
    9  under chapter 617 and approved by the Department of State. The
   10  corporation shall be organized on a nonstock basis. The purpose
   11  of the corporation is to encourage this state to be used as a
   12  site for scripted productions through equity investment in such
   13  productions.
   14         (3) POWERS AND LIMITATIONS.—
   15         (a) The corporation may make equity investments in scripted
   16  productions in this state pursuant to the criteria, bylaws,
   17  rules, and policies adopted by the board which must include all
   18  of the following:
   19         1. The corporation shall make investments in productions
   20  that it estimates will generate maximum economic impact to the
   21  state by providing high-wage jobs for Florida residents and
   22  significant in-state expenditures.
   23         2. The amount of the corporation’s investment in a
   24  production must not exceed the amount of the production’s in
   25  state expenditures for that production.
   26         3. The corporation’s investment in a production must rank
   27  and remain equal with the highest class of ownership in the
   28  production, such that, in the event of liquidation or
   29  bankruptcy, the corporation’s investment share retains the
   30  highest priority with other preferred shareholders.
   31         4. An equity investment made by the corporation under this
   32  section must be less than one-half of the production’s total
   33  shares or other ownership interest.
   34         5. The amount of the corporation’s investment in any one
   35  production must not exceed 12.5 percent of the sum of the
   36  remaining amount of uncommitted funds in the account plus the
   37  amounts of all outstanding investments in other productions.
   38         6. The corporation must not have any voting rights,
   39  creative control, or management authority over a production
   40  receiving an equity investment under this section.
   41         7. The corporation shall limit the return on its
   42  investments, establishing variable limits on returns that
   43  account for time value and reduce returns in exchange for a
   44  production’s early buyout of investment equity. For a production
   45  exercising an early buyout, the corporation shall limit its
   46  return on investment to the minimum that is actuarially
   47  measurable, credible, and sufficiently related to actual and
   48  expected losses to ensure the corporation’s self-sufficiency and
   49  preservation of the state appropriations provided for
   50  investment.
   51         8. The corporation shall conduct at least two investment
   52  cycles per fiscal year, committing no more than 40 percent of
   53  its total investment in productions for the fiscal year in any
   54  one investment cycle.
   55         (b) The board shall adopt objective criteria for making
   56  equity investments in scripted productions in this state.
   57         1.The criteria must require:
   58         a. The production to use a bonded third-party collection
   59  account management firm to ensure that the corporation receives
   60  all funds due from sales proceeds in accordance with a waterfall
   61  agreement included in the corporation’s investment terms.
   62         b. Presales or sales estimates based on the cast and script
   63  of the production from a tier one sales agency which reflect a
   64  value of at least 1.5 times the exposure of the corporation.
   65         c. The production to carry an insurance package from an
   66  insurance company rated “A” or higher by A.M. Best Company which
   67  must include general liability insurance, workers’ compensation,
   68  and key cast and director insurance that covers the costs of
   69  disruption or replacement downtime in the event of illness or
   70  other loss of services from such individuals. If at least 75
   71  percent of the production’s filming schedule occurs after June 1
   72  and before November 30, the production’s insurance package must
   73  include hurricane coverage.
   74         d. The production to provide proof of funds for the
   75  remaining budget within 60 days after tentative approval and
   76  place the remaining budget in escrow before the release of
   77  corporation funds.
   78         e. That the lead producer or production company has
   79  completed, sold, and delivered at least five feature films, or
   80  the production must provide a completion bond.
   81         f. That the production’s budget, script, and filming
   82  schedule have been evaluated and approved by a production expert
   83  selected by the board.
   84         g. The production budget to include contingency funds in an
   85  amount equal to at least 5 percent of the total budget. Up to 40
   86  percent of the contingency funds may be expended during
   87  production without the approval of the board. The remaining
   88  contingency funds may only be expended with prior approval of
   89  the board.
   90         h.The board to release corporation funds to a production
   91  in the following manner:
   92         (I)Fifty percent of corporation funds shall be released on
   93  the first day of principal photography.
   94         (II)Twenty-five percent of corporation funds shall be
   95  released upon completion of principal photography.
   96         (III)Twenty-five percent of corporation funds shall be
   97  released after final picture lock, as that term is generally
   98  understood in the production industry.
   99         i.The production company to provide the board with the
  100  right to inspect and audit the weekly cost reports and general
  101  ledger of the production throughout preproduction, production,
  102  and postproduction.
  103         2.The criteria shall give preference to:
  104         a. Productions with the greatest economic impact to the
  105  state as demonstrated by the greatest number of high-wage jobs
  106  provided for state residents and the greatest amount of in-state
  107  expenditures as a percentage of total production expenditures.
  108         b. Productions in which the proposed investment by the
  109  corporation is lowest as a percentage of the production’s total
  110  shares or other ownership interests.
  111         c. Productions with the quickest deployment, in which the
  112  production’s in-state expenditures will be made soonest after
  113  the corporation’s investment.
  114         d. Productions by companies with a verifiable track record
  115  of producing successful productions.
  116         e. Productions by state-based production companies or by
  117  producers, writers, or directors who are state residents.
  118         f. Productions estimated to significantly increase tourism
  119  to the state by using a screenplay or teleplay based on a
  120  Florida story or including recognizable state locations.
  121         g. Productions whose development demonstrates the
  122  likelihood of their success, including, but not limited to,
  123  having a recognized director, actor, or other creative talent
  124  attached to the production.
  125         h. Productions in which the corporation’s investment is