House Bill 2073e2

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                                         HB 2073, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to the television broadcasting

  3         industry; creating the "21st Century Digital

  4         Television and Education Act"; providing

  5         legislative findings and intent; creating the

  6         21st Century Digital Television and Education

  7         Task Force; providing membership; providing

  8         duties; providing for a report; amending s.

  9         212.08, F.S.; providing an exemption from the

10         tax on sales, use, and other transactions for

11         personal or real property purchased or leased

12         for use in the operation of a television

13         broadcasting station that meets specified

14         criteria; requiring return of tax refunds plus

15         interest and penalties if certain criteria are

16         not met; providing limitations; providing an

17         effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Twenty-first Century Digital Television and

22  Education Act.--

23         (1)  SHORT TITLE.--This section may be cited as the

24  "21st Century Digital Television and Education Act."

25         (2)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

26  finds that the federally mandated transition from analog to

27  digital television will provide numerous new, improved, and

28  innovative information and entertainment services to the

29  public. The Legislature further finds that, whereas all

30  commercial and noncommercial television markets in the United

31  States must begin digital broadcasts by no later than May


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                                         HB 2073, Second Engrossed



  1  2003, it is in the interest of the state to facilitate the

  2  conversion of existing television stations, studios, networks,

  3  and production companies to digital technology as well as to

  4  encourage new companies involved in digital television and

  5  related industries to locate in Florida. It is therefore the

  6  intent of the Legislature to investigate and create the

  7  economic incentives and educational opportunities necessary to

  8  position Florida as a 21st century leader in the production,

  9  transmission, manufacturing, and research and development of

10  digital television and related digital communication.

11         (3)  TASK FORCE; MEMBERSHIP; DUTIES.--

12         (a)  The "21st Century Digital Television and Education

13  Task Force" is hereby created to serve through February 1,

14  2000. The task force is created within the Office of Tourism,

15  Trade, and Economic Development, which shall provide staff

16  support for the activities of the task force.  The task force

17  shall consist of the following members:

18         1.  Two members to be appointed by the Governor.

19         2.  Two members of the Senate, or their designees, to

20  be appointed by the President of the Senate.

21         3.  Two members of the House of Representatives, or

22  their designees, to be appointed by the Speaker of the House

23  of Representatives.

24         4.  The Commissioner of Education or the commissioner's

25  designee.

26         5.  The Chancellor of the State University System or

27  the chancellor's designee.

28         6.  The Executive Director of the State Community

29  College System or the executive director's designee.

30         7.  The President of the Independent Colleges and

31  Universities of Florida or the president's designee.


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                                         HB 2073, Second Engrossed



  1         (b)  Each appointed member of the task force shall

  2  serve at the pleasure of the appointing official. A vacancy on

  3  the task force shall be filled in the same manner as the

  4  original appointment.

  5         (c)  The task force shall elect a chair from among its

  6  members. A vacancy in the chair of the task force must be

  7  filled for the remainder of the unexpired term by election by

  8  the task force members.

  9         (d)  The task force shall meet as necessary, at the

10  call of the chair or at the call of a quorum of the task

11  force, and at the time and place designated by the chair. A

12  quorum is necessary for the purpose of conducting official

13  business of the task force. Six members of the task force

14  shall constitute a quorum. The task force shall use accepted

15  rules of procedure to conduct its meetings and shall keep a

16  complete record of each meeting.

17         (e)  Members of the task force shall receive no

18  compensation for their services, but shall be entitled to

19  receive per diem and travel expenses as provided in s.

20  112.061, Florida Statutes.

21         (f)  The task force shall act as an advisory body and

22  shall make recommendations to the Governor and the Legislature

23  on a coordinated plan to carry out the legislative intent of

24  this section. The task force shall have the following duties:

25         1.  To devise a plan to recruit the following industry

26  segments to locate in Florida:

27         a.  Digital programmers and producers, including

28  companies involved in the production, marketing, and

29  development of digital content, as well as studios, networks,

30  and television stations.

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                                         HB 2073, Second Engrossed



  1         b.  Companies involved in the transmission of digital

  2  media, including television broadcasters, cable and satellite

  3  companies, television, theater, and film industry members,

  4  Internet content providers, web site producers, and other

  5  information service providers.

  6         c.  Digital television equipment manufacturers,

  7  including makers of digital video cameras, audio equipment,

  8  transmission equipment, television sets, set-top boxes and

  9  related hardware, monitors, displays, tapes, and discs.

10         d.  Companies involved in the research and development

11  of new and innovative digital television equipment, consumer

12  electronics, prototypes, and products.

13         2.  To investigate and recommend strong economic

14  incentives to encourage the digital industry segments

15  described in subparagraph 1. to locate and compete in Florida.

16         3.  To devise a plan to create and maintain higher

17  education opportunities for students wishing to enter the

18  digital television field. At minimum, the plan shall consider

19  and address the following:

20         a.  The extent to which higher education opportunities

21  are currently available to students in the areas of digital

22  production, transmission, manufacturing, and research and

23  development.

24         b.  The workforce needs of the digital television

25  industry segments described in subparagraph 1.

26         c.  Recommendations and an operational plan for

27  creating and maintaining higher education opportunities in

28  digital television production, transmission, manufacturing,

29  and research and development.

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                                         HB 2073, Second Engrossed



  1         d.  Any other recommendations to encourage and promote

  2  the development of a skilled workforce in digital broadcast

  3  communications and high-definition television.

  4         4.  To recommend methods to hasten the conversion of

  5  existing commercial television studios and soundstages from

  6  analog to digital technology.

  7         5.  To recommend a means to fund the cost of converting

  8  public broadcast stations from analog to digital technology,

  9  including a grant program for Florida Public Television.

10         6.  To issue a report to the Legislature no later than

11  February 1, 2000, summarizing its findings, stating its

12  conclusions, and proposing its recommendations.

13         Section 2.  Paragraph (f) of subsection (5) of section

14  212.08, Florida Statutes, 1998 Supplement, is amended to read:

15         212.08  Sales, rental, use, consumption, distribution,

16  and storage tax; specified exemptions.--The sale at retail,

17  the rental, the use, the consumption, the distribution, and

18  the storage to be used or consumed in this state of the

19  following are hereby specifically exempt from the tax imposed

20  by this chapter.

21         (5)  EXEMPTIONS; ACCOUNT OF USE.--

22         (f)  Motion picture or video equipment used in motion

23  picture or television production activities and sound

24  recording equipment used in the production of master tapes and

25  master records; property purchased or leased to operate

26  certain television broadcasting stations.--

27         1.  Motion picture or video equipment and sound

28  recording equipment purchased or leased for use in this state

29  in production activities is exempt from the tax imposed by

30  this chapter upon an affirmative showing by the purchaser or

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                                         HB 2073, Second Engrossed



  1  lessee to the satisfaction of the department that the

  2  equipment will be used for production activities.

  3         2.  There is exempt from the tax imposed by this

  4  chapter all personal or real property purchased or leased for

  5  use in the operation of any television broadcasting station

  6  that meets all of the following requirements:

  7         a.  It has been acquired following the conclusion of

  8  bankruptcy proceedings by a previously unrelated owner.  The

  9  station general manager of the acquiring station must submit

10  an affidavit to the department stating that the acquiring

11  station had no ownership interest, or other business

12  relationship, with the previous owner that went through

13  bankruptcy proceedings.

14         b.  It submits an affidavit to the department from its

15  general manager stating that the television broadcasting

16  station or stations under common ownership have established

17  and maintained more than 75 full-time jobs since acquisition.

18         c.  The acquiring owner has invested more than $5

19  million in capital improvements since the acquisition of the

20  television broadcasting station or stations.

21         d.  It is located within the boundaries of a

22  metropolitan statistical area as defined in s. 334.03(17) and

23  shares common ownership or management with another television

24  broadcasting station that has been acquired following

25  bankruptcy that is located in a different metropolitan

26  statistical area.

27         e.  In the calendar year following receipt of a tax

28  refund pursuant to this section, it broadcasts at no cost to

29  the state youth-oriented anti-tobacco public service

30  announcements and programming of a value equal to or greater

31  than the tax refund received by the television broadcasting


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                                         HB 2073, Second Engrossed



  1  station in the previous year.  If a television broadcasting

  2  station that has received a refund fails to broadcast

  3  sufficient public service announcements and programming, the

  4  taxpayer must return the refund to the state together with

  5  interest and penalties; however, if the refund is returned

  6  within 30 days after the expiration of such 1-year period,

  7  interest and penalties do not apply.

  8         3.  The exemptions exemption provided by this paragraph

  9  shall inure to the taxpayer only through a refund of

10  previously paid taxes.  With respect to the refund authorized

11  under subparagraph 2., the maximum refund allowed in any year

12  shall not exceed $350,000 for any television broadcasting

13  station or group of television broadcasting stations that

14  share common ownership or management, and no taxpayer may

15  receive a refund for more than 5 years.  Notwithstanding the

16  provisions of s. 212.095, such refund shall be made within 30

17  days of formal application, which application may be made

18  after the completion of production activities or on a

19  quarterly basis with respect to the refund authorized under

20  subparagraph 1., and on a quarterly basis with respect to the

21  refund authorized under subparagraph 2. Notwithstanding the

22  provisions of chapter 213, the department shall provide the

23  Office of Tourism, Trade and Economic Development Department

24  of Commerce with a copy of each refund application and the

25  amount of such refund, if any.

26         4.2.  For the purpose of the exemption provided in

27  subparagraph 1.:

28         a.  "Motion picture or video equipment" and "sound

29  recording equipment" includes only equipment meeting the

30  definition of "section 38 property" as defined in s.

31  48(a)(1)(A) and (B)(i) of the Internal Revenue Code that is


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                                         HB 2073, Second Engrossed



  1  used by the lessee or purchaser exclusively as an integral

  2  part of production activities; however, motion picture or

  3  video equipment and sound recording equipment does not include

  4  supplies, tape, records, film, or video tape used in

  5  productions or other similar items; vehicles or vessels; or

  6  general office equipment not specifically suited to production

  7  activities.  In addition, the term does not include equipment

  8  purchased or leased by television or radio broadcasting or

  9  cable companies licensed by the Federal Communications

10  Commission.

11         b.  "Production activities" means activities directed

12  toward the preparation of a:

13         (I)  Master tape or master record embodying sound; or

14         (II)  Motion picture or television production which is

15  produced for theatrical, commercial, advertising, or

16  educational purposes and utilizes live or animated actions or

17  a combination of live and animated actions. The motion picture

18  or television production shall be commercially produced for

19  sale or for showing on screens or broadcasting on television

20  and may be on film or video tape.

21         Section 3.  This act shall take effect upon becoming a

22  law.

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