House Bill 0983

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    Florida House of Representatives - 1999                 HB 983

        By the Committee on Tourism and Representatives Starks,
    Farkas, Barreiro, Bloom, Dennis, Hafner, Argenziano, Bush,
    Melvin, Lynn and Bullard




  1                      A bill to be entitled

  2         An act relating to entertainment industry

  3         incentives; creating s. 288.1258, F.S.;

  4         authorizing entertainment industry production

  5         companies to apply for approval by the Office

  6         of the Film Commissioner as a qualified

  7         production company for the purpose of receiving

  8         sales tax exemptions; directing the office to

  9         develop application procedures; providing for

10         denial and revocation of a certificate of

11         exemption; providing a penalty for

12         falsification of an application or unauthorized

13         use of a certificate of exemption; providing

14         categories of qualification for a certificate

15         of exemption; providing duties of the

16         Department of Revenue with respect to issuance

17         of a certificate of exemption for qualified

18         production companies; requiring the Office of

19         the Film Commissioner to keep specified

20         records; requiring an annual report to the

21         Legislature; amending s. 212.031, F.S.,

22         relating to the tax on the lease or rental of

23         or license in real property; providing that the

24         exemption for property used as an integral part

25         of the performance of qualified production

26         services inures to the taxpayer upon

27         presentation of a certificate of exemption

28         issued under s. 288.1258, F.S.; amending s.

29         212.06, F.S.; providing that the exemption for

30         fabrication labor used in the production of a

31         qualified motion picture inures to the taxpayer

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  1         upon presentation of a certificate of exemption

  2         issued under s. 288.1258, F.S.; amending s.

  3         212.0602, F.S., which exempts the purchase or

  4         lease of materials, equipment, and other items

  5         by specified educational entities,

  6         institutions, or organizations under certain

  7         limited circumstances; expanding the exemption

  8         to include the license in or lease of real

  9         property by, and support operations of, such

10         educational institutions; amending s. 212.08,

11         F.S.; providing that the exemption for certain

12         motion picture or video equipment and sound

13         recording equipment shall be a point of sale

14         exemption rather than by refund; providing that

15         the exemption inures to the taxpayer upon

16         presentation of a certificate of exemption

17         issued under s. 288.1258, F.S.; providing that

18         the partial exemption for master tapes,

19         records, films, or video tapes inures to the

20         taxpayer upon presentation of a certificate of

21         exemption issued under s. 288.1258, F.S.;

22         amending s. 213.053, F.S.; authorizing the

23         Department of Revenue to share certain

24         information with the Office of the Film

25         Commissioner; providing contingent effective

26         dates.

27

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

29

30         Section 1.  (1)  Section 288.1258, Florida Statutes, is

31  created to read:

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  1         288.1258  Entertainment industry qualified production

  2  companies; application procedure; categories; duties of the

  3  Department of Revenue; records and reports.--

  4         (1)  PRODUCTION COMPANIES AUTHORIZED TO APPLY.--

  5         (a)  Any production company engaged in this state in

  6  the production of motion pictures, made-for-TV motion

  7  pictures, television series, commercial advertising, music

  8  videos, or music recordings may submit an application to the

  9  Office of the Film Commissioner to be approved as a qualified

10  production company for the purpose of receiving a sales and

11  use tax certificate of exemption from the Department of

12  Revenue.

13         (b)  For the purposes of this section, "qualified

14  production company" means any production company that has

15  submitted a properly completed application to the Office of

16  the Film Commissioner and that is subsequently qualified by

17  that office.

18         (2)  APPLICATION PROCEDURE.--

19         (a)1.  The Office of the Film Commissioner shall

20  establish a process by which an entertainment industry

21  production company may be approved by the office as a

22  qualified production company and may receive a certificate of

23  exemption from the Department of Revenue for the sales and use

24  tax exemptions under ss. 212.031, 212.06, and 212.08.

25         2.  Upon determination by the Office of the Film

26  Commissioner that a production company meets the established

27  approval criteria and qualifies for exemption, the Office of

28  the Film Commissioner shall forward the approved application

29  or application renewal or extension to the Department of

30  Revenue, which shall issue a certificate of exemption.

31

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  1         3.  The Office of the Film Commissioner shall deny an

  2  application or application for renewal or extension from a

  3  production company if it determines that the production

  4  company does not meet the established approval criteria.

  5         (b)  The Office of the Film Commissioner shall develop,

  6  with the cooperation of the Department of Revenue and local

  7  government entertainment industry promotion agencies, a

  8  standardized application form for use in approving qualified

  9  production companies.

10         1.  The application form shall include, but not be

11  limited to, production-related information on employment,

12  proposed budgets, planned purchases of items exempted from

13  sales and use taxes under ss. 212.031, 212.06, and 212.08, a

14  signed affirmation from the applicant that any items purchased

15  for which the applicant is seeking a tax exemption are

16  intended for use exclusively as an integral part of

17  entertainment industry preproduction, production, or

18  postproduction activities engaged in primarily in this state,

19  and a signed affirmation from the Office of the Film

20  Commissioner that the information on the application form has

21  been verified and is correct. In lieu of information on

22  projected employment, proposed budgets, or planned purchases

23  of exempted items, a production company seeking a 1-year

24  certificate of exemption may submit summary historical data on

25  employment, production budgets, and purchases of exempted

26  items related to production activities in this state. Any

27  information gathered from production companies for the

28  purposes of this section shall be considered confidential

29  taxpayer information and shall be disclosed only as provided

30  in s. 213.053.

31

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  1         2.  The application form may be distributed to

  2  applicants by the Office of the Film Commissioner or local

  3  film commissions.

  4         (c)  All applications, renewals, and extensions for

  5  designation as a qualified production company shall be

  6  processed by the Office of the Film Commissioner.

  7         (d)  In the event that the Department of Revenue

  8  determines that a production company no longer qualifies for a

  9  certificate of exemption, or has used a certificate of

10  exemption for purposes other than those authorized by this

11  section and chapter 212, the Department of Revenue shall

12  revoke the certificate of exemption of that production

13  company, and any sales or use taxes exempted on items

14  purchased or leased by the production company during the time

15  such company did not qualify for a certificate of exemption or

16  improperly used a certificate of exemption shall become

17  immediately due to the Department of Revenue, along with

18  interest and penalty as provided by s. 212.12.  In addition to

19  the other penalties imposed by law, any person who knowingly

20  and willfully falsifies an application, or uses a certificate

21  of exemption for purposes other than those authorized by this

22  section and chapter 212, commits a felony of the third degree,

23  punishable as provided in s. 775.082, s. 775.083, and s.

24  775.084.

25         (3)  CATEGORIES.--

26         (a)1.  A production company may be qualified for

27  designation as a qualified production company for a period of

28  1 year if the company has operated a business in Florida at a

29  permanent address for a period of 12 consecutive months.  Such

30  a qualified production company shall receive a single 1-year

31  certificate of exemption from the Department of Revenue for

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  1  the sales and use tax exemptions under ss. 212.031, 212.06,

  2  and 212.08, which certificate shall expire 1 year after

  3  issuance or upon the cessation of business operations in the

  4  state, at which time the certificate shall be surrendered to

  5  the Department of Revenue.

  6         2.  The Office of the Film Commissioner shall develop a

  7  method by which a qualified production company may annually

  8  renew a 1-year certificate of exemption for a period of up to

  9  5 years without requiring the production company to resubmit a

10  new application during that 5-year period.

11         3.  Any qualified production company may submit a new

12  application for a 1-year certificate of exemption upon the

13  expiration of that company's certificate of exemption.

14         (b)1.  A production company may be qualified for

15  designation as a qualified production company for a period of

16  90 days. Such production company shall receive a single 90-day

17  certificate of exemption from the Department of Revenue for

18  the sales and use tax exemptions under ss. 212.031, 212.06,

19  and 212.08, which certificate shall expire 90 days after

20  issuance, with extensions contingent upon approval of the

21  Office of the Film Commissioner.  The certificate shall be

22  surrendered to the Department of Revenue upon its expiration.

23         2.  Any production company may submit a new application

24  for a 90-day certificate of exemption upon the expiration of

25  that company's certificate of exemption.

26         (4)  DUTIES OF THE DEPARTMENT OF REVENUE.--

27         (a)  The Department of Revenue shall issue a numbered

28  certificate of exemption to a qualified production company

29  within 5 working days of the receipt of a properly completed

30  and approved application, application renewal, or application

31  extension from the Office of the Film Commissioner.

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  1         (b)  The Department of Revenue may promulgate such

  2  rules and shall prescribe and publish such forms as may be

  3  necessary to effectuate the purposes of this section or any of

  4  the sales tax exemptions which are reasonably related to the

  5  provisions of this section.

  6         (c)  The Department of Revenue is authorized to

  7  establish audit procedures in accordance with the provisions

  8  of ss. 212.12 and 212.13 which relate to the sales tax

  9  exemption provisions of this section.

10         (5)  RELATIONSHIP OF TAX EXEMPTIONS TO INDUSTRY GROWTH;

11  REPORT TO THE LEGISLATURE.--The Office of the Film

12  Commissioner shall keep annual records from the information

13  provided on taxpayer applications for tax exemption

14  certificates beginning January 1, 2000. These records shall

15  reflect a percentage comparison of the annual amount of funds

16  exempted to the estimated amount of funds expended in relation

17  to entertainment industry products. In addition, the office

18  shall maintain data showing annual growth in Florida-based

19  entertainment industry companies and entertainment industry

20  employment and wages. The Office of the Film Commissioner

21  shall report this information to the Legislature by no later

22  than December 1 of each year.

23         (2)  This section shall take effect on the same date as

24  House Bill       or similar legislation creating the Office of

25  the Film Commissioner takes effect, if such legislation is

26  adopted in the same legislative session or an extension

27  thereof.

28         Section 2.  Paragraph (a) of subsection (1) of section

29  212.031, Florida Statutes, 1998 Supplement, is amended to

30  read:

31

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  1         212.031  Lease or rental of or license in real

  2  property.--

  3         (1)(a)  It is declared to be the legislative intent

  4  that every person is exercising a taxable privilege who

  5  engages in the business of renting, leasing, letting, or

  6  granting a license for the use of any real property unless

  7  such property is:

  8         1.  Assessed as agricultural property under s. 193.461.

  9         2.  Used exclusively as dwelling units.

10         3.  Property subject to tax on parking, docking, or

11  storage spaces under s. 212.03(6).

12         4.  Recreational property or the common elements of a

13  condominium when subject to a lease between the developer or

14  owner thereof and the condominium association in its own right

15  or as agent for the owners of individual condominium units or

16  the owners of individual condominium units. However, only the

17  lease payments on such property shall be exempt from the tax

18  imposed by this chapter, and any other use made by the owner

19  or the condominium association shall be fully taxable under

20  this chapter.

21         5.  A public or private street or right-of-way occupied

22  or used by a utility for utility purposes.

23         6.  A public street or road which is used for

24  transportation purposes.

25         7.  Property used at an airport exclusively for the

26  purpose of aircraft landing or aircraft taxiing or property

27  used by an airline for the purpose of loading or unloading

28  passengers or property onto or from aircraft or for fueling

29  aircraft.

30         8.a.  Property used at a port authority, as defined in

31  s. 315.02(2), exclusively for the purpose of oceangoing

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  1  vessels or tugs docking, or such vessels mooring on property

  2  used by a port authority for the purpose of loading or

  3  unloading passengers or cargo onto or from such a vessel, or

  4  property used at a port authority for fueling such vessels, or

  5  to the extent that the amount paid for the use of any property

  6  at the port is based on the charge for the amount of tonnage

  7  actually imported or exported through the port by a tenant.

  8         b.  The amount charged for the use of any property at

  9  the port in excess of the amount charged for tonnage actually

10  imported or exported shall remain subject to tax except as

11  provided in sub-subparagraph a.

12         9.  Property used as an integral part of the

13  performance of qualified production services.  As used in this

14  subparagraph, the term "qualified production services" means

15  any activity or service performed directly in connection with

16  the production of a qualified motion picture, as defined in s.

17  212.06(1)(b), and includes:

18         a.  Photography, sound and recording, casting, location

19  managing and scouting, shooting, creation of special and

20  optical effects, animation, adaptation (language, media,

21  electronic, or otherwise), technological modifications,

22  computer graphics, set and stage support (such as

23  electricians, lighting designers and operators, greensmen,

24  prop managers and assistants, and grips), wardrobe (design,

25  preparation, and management), hair and makeup (design,

26  production, and application), performing (such as acting,

27  dancing, and playing), designing and executing stunts,

28  coaching, consulting, writing, scoring, composing,

29  choreographing, script supervising, directing, producing,

30  transmitting dailies, dubbing, mixing, editing, cutting,

31

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  1  looping, printing, processing, duplicating, storing, and

  2  distributing;

  3         b.  The design, planning, engineering, construction,

  4  alteration, repair, and maintenance of real or personal

  5  property including stages, sets, props, models, paintings, and

  6  facilities principally required for the performance of those

  7  services listed in sub-subparagraph a.; and

  8         c.  Property management services directly related to

  9  property used in connection with the services described in

10  sub-subparagraphs a. and b.

11

12  This exemption will inure to the taxpayer upon presentation of

13  the certificate of exemption issued to the taxpayer under the

14  provisions of s. 288.1258.

15         10.  Leased, subleased, or rented to a person providing

16  food and drink concessionaire services within the premises of

17  a movie theater, a business operated under a permit issued

18  pursuant to chapter 550, or any publicly owned arena, sports

19  stadium, convention hall, exhibition hall, auditorium, or

20  recreational facility.  A person providing retail

21  concessionaire services involving the sale of food and drink

22  or other tangible personal property within the premises of an

23  airport shall be subject to tax on the rental of real property

24  used for that purpose, but shall not be subject to the tax on

25  any license to use the property.  For purposes of this

26  subparagraph, the term "sale" shall not include the leasing of

27  tangible personal property.

28         11.  Property occupied pursuant to an instrument

29  calling for payments which the department has declared, in a

30  Technical Assistance Advisement issued on or before March 15,

31  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

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  1  Florida Administrative Code; provided that this subparagraph

  2  shall only apply to property occupied by the same person

  3  before and after the execution of the subject instrument and

  4  only to those payments made pursuant to such instrument,

  5  exclusive of renewals and extensions thereof occurring after

  6  March 15, 1993.

  7         Section 3.  Paragraph (b) of subsection (1) of section

  8  212.06, Florida Statutes, 1998 Supplement, is amended to read:

  9         212.06  Sales, storage, use tax; collectible from

10  dealers; "dealer" defined; dealers to collect from purchasers;

11  legislative intent as to scope of tax.--

12         (1)

13         (b)  Except as otherwise provided, any person who

14  manufactures, produces, compounds, processes, or fabricates in

15  any manner tangible personal property for his or her own use

16  shall pay a tax upon the cost of the product manufactured,

17  produced, compounded, processed, or fabricated without any

18  deduction therefrom on account of the cost of material used,

19  labor or service costs, or transportation charges,

20  notwithstanding the provisions of s. 212.02 defining "cost

21  price."  However, the tax levied under this paragraph shall

22  not be imposed upon any person who manufactures or produces

23  electrical power or energy, steam energy, or other energy at a

24  single location, when such power or energy is used directly

25  and exclusively at such location, or at other locations if the

26  energy is transferred through facilities of the owner in the

27  operation of machinery or equipment that is used to

28  manufacture, process, compound, produce, fabricate, or prepare

29  for shipment tangible personal property for sale or to operate

30  pollution control equipment, maintenance equipment, or

31  monitoring or control equipment used in such operations.  The

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  1  manufacture or production of electrical power or energy that

  2  is used for space heating, lighting, office equipment, or

  3  air-conditioning or any other nonmanufacturing, nonprocessing,

  4  noncompounding, nonproducing, nonfabricating, or nonshipping

  5  activity is taxable. Electrical power or energy consumed or

  6  dissipated in the transmission or distribution of electrical

  7  power or energy for resale is also not taxable.  Fabrication

  8  labor shall not be taxable when a person is using his or her

  9  own equipment and personnel, for his or her own account, as a

10  producer, subproducer, or coproducer of a qualified motion

11  picture.  For purposes of this chapter, the term "qualified

12  motion picture" means all or any part of a series of related

13  images, either on film, tape, or other embodiment, including,

14  but not limited to, all items comprising part of the original

15  work and film-related products derived therefrom as well as

16  duplicates and prints thereof and all sound recordings created

17  to accompany a motion picture, which is produced, adapted, or

18  altered for exploitation in, on, or through any medium or

19  device and at any location, primarily for entertainment,

20  commercial, industrial, or educational purposes. This

21  exemption for fabrication labor associated with production of

22  a qualified motion picture will inure to the taxpayer upon

23  presentation of the certificate of exemption issued to the

24  taxpayer under the provisions of s. 288.1258. A person who

25  manufactures factory-built buildings for his or her own use in

26  the performance of contracts for the construction or

27  improvement of real property shall pay a tax only upon the

28  person's cost price of items used in the manufacture of such

29  buildings.

30         Section 4.  Section 212.0602, Florida Statutes, is

31  amended to read.

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  1         212.0602  Education; limited exemption.--To facilitate

  2  investment in education and job training, there is also exempt

  3  from the taxes levied under this chapter, subject to the

  4  provisions of this section, the purchase or lease of

  5  materials, equipment, and other items or the license in or

  6  lease of real property by any entity, institution, or

  7  organization that is primarily engaged in teaching students to

  8  perform any of the activities or services described in s.

  9  212.031(1)(a)9., that conducts classes at a fixed location

10  located in this state, that is licensed under chapter 246, and

11  that has at least 500 enrolled students.  Any entity,

12  institution, or organization meeting the requirements of this

13  section shall be deemed to qualify for the exemptions in ss.

14  212.031(1)(a)9. and 212.08(5)(f) and (12), and to qualify for

15  an exemption for its purchase or lease of materials,

16  equipment, and other items used for education or demonstration

17  of the school's curriculum, including supporting operations.

18  Nothing in this section shall preclude an entity described in

19  this section from qualifying for any other exemption provided

20  for in this chapter.

21         Section 5.  Paragraph (f) of subsection (5) and

22  subsection (12) of section 212.08, Florida Statutes, 1998

23  Supplement, are amended to read:

24         212.08  Sales, rental, use, consumption, distribution,

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

26  the rental, the use, the consumption, the distribution, and

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

28  following are hereby specifically exempt from the tax imposed

29  by this chapter.

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

31

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

  2  picture or television production activities and sound

  3  recording equipment used in the production of master tapes and

  4  master records.--

  5         1.  Motion picture or video equipment and sound

  6  recording equipment purchased or leased for use in this state

  7  in production activities is exempt from the tax imposed by

  8  this chapter upon an affirmative showing by the purchaser or

  9  lessee to the satisfaction of the department that the

10  equipment will be used for production activities. The

11  exemption provided by this paragraph shall inure to the

12  taxpayer upon presentation of the certificate of exemption

13  issued to the taxpayer under the provisions of s. 288.1258.

14  only through a refund of previously paid taxes.

15  Notwithstanding the provisions of s. 212.095, such refund

16  shall be made within 30 days of formal application, which

17  application may be made after the completion of production

18  activities or on a quarterly basis. Notwithstanding the

19  provisions of chapter 213, the department shall provide the

20  Department of Commerce with a copy of each refund application

21  and the amount of such refund, if any.

22         2.  For the purpose of the exemption provided in

23  subparagraph 1.:

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

25  recording equipment" includes only equipment meeting the

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

27  48(a)(1)(A) and (B)(i) of the Internal Revenue Code that is

28  used by the lessee or purchaser exclusively as an integral

29  part of production activities; however, motion picture or

30  video equipment and sound recording equipment does not include

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

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

  2  general office equipment not specifically suited to production

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

  4  purchased or leased by television or radio broadcasting or

  5  cable companies licensed by the Federal Communications

  6  Commission.

  7         b.  "Production activities" means activities directed

  8  toward the preparation of a:

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

10         (II)  Motion picture or television production which is

11  produced for theatrical, commercial, advertising, or

12  educational purposes and utilizes live or animated actions or

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

14  or television production shall be commercially produced for

15  sale or for showing on screens or broadcasting on television

16  and may be on film or video tape.

17         (12)  PARTIAL EXEMPTION; MASTER TAPES, RECORDS, FILMS,

18  OR VIDEO TAPES.--

19         (a)  There are exempt from the taxes imposed by this

20  chapter the gross receipts from the sale or lease of, and the

21  storage, use, or other consumption in this state of, master

22  tapes or master records embodying sound, or master films or

23  master video tapes; except that amounts paid to recording

24  studios or motion picture or television studios for the

25  tangible elements of such master tapes, records, films, or

26  video tapes are taxable as otherwise provided in this chapter.

27  This exemption will inure to the taxpayer upon presentation of

28  the certificate of exemption issued to the taxpayer under the

29  provisions of s. 288.1258.

30         (b)  For the purposes of this subsection, the term:

31

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  1         1.  "Amounts paid for the tangible elements" does not

  2  include any amounts paid for the copyrightable, artistic, or

  3  other intangible elements of such master tapes, records,

  4  films, or video tapes, whether designated as royalties or

  5  otherwise, including, but not limited to, services rendered in

  6  producing, fabricating, processing, or imprinting tangible

  7  personal property or any other services or production expenses

  8  in connection therewith which may otherwise be construed as

  9  constituting a "sale" under s. 212.02.

10         2.  "Master films or master video tapes" means films or

11  video tapes utilized by the motion picture and television

12  production industries in making visual images for

13  reproduction.

14         3.  "Master tapes or master records embodying sound"

15  means tapes, records, and other devices utilized by the

16  recording industry in making recordings embodying sound.

17         4.  "Motion picture or television studio" means a

18  facility in which film or video tape productions or parts of

19  productions are made and which contains the necessary

20  equipment and personnel for this purpose and includes a mobile

21  unit or vehicle that is equipped in much the same manner as a

22  stationary studio and used in the making of film or video tape

23  productions.

24         5.  "Recording studio" means a place where, by means of

25  mechanical or electronic devices, voices, music, or other

26  sounds are transmitted to tapes, records, or other devices

27  capable of reproducing sound.

28         6.  "Recording industry" means any person engaged in an

29  occupation or business of making recordings embodying sound

30  for a livelihood or for a profit.

31

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  1         7.  "Motion picture or television production industry"

  2  means any person engaged in an occupation or business for a

  3  livelihood or for profit of making visual motion picture or

  4  television visual images for showing on screen or television

  5  for theatrical, commercial, advertising, or educational

  6  purposes.

  7         Section 6.  (1)  Paragraph (s) is added to subsection

  8  (7) of section 213.053, Florida Statutes, 1998 Supplement, to

  9  read:

10         213.053  Confidentiality and information sharing.--

11         (7)  Notwithstanding any other provision of this

12  section, the department may provide:

13         (s)  Information relative to the tax exemptions under

14  ss. 212.031, 212.06, and 212.08 for those persons qualified

15  under s. 288.1258 to the Office of the Film Commissioner. The

16  Department of Revenue shall provide the Office of the Film

17  Commissioner with information in the aggregate.

18

19  Disclosure of information under this subsection shall be

20  pursuant to a written agreement between the executive director

21  and the agency.  Such agencies, governmental or

22  nongovernmental, shall be bound by the same requirements of

23  confidentiality as the Department of Revenue.  Breach of

24  confidentiality is a misdemeanor of the first degree,

25  punishable as provided by s. 775.082 or s. 775.083.

26         (2)  This section shall take effect on the same date as

27  House Bill      or similar legislation creating the Office of

28  the Film Commissioner takes effect, if such legislation is

29  adopted in the same legislative session or an extension

30  thereof.

31

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 983

    177-250B-99






  1         Section 7.  Except as otherwise provided herein, this

  2  act shall take effect January 1, 2000, if House Bill      or

  3  similar legislation creating the Office of the Film

  4  Commissioner is adopted in the same legislative session or an

  5  extension thereof.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Authorizes entertainment industry production companies to
10    apply to the Office of the Film Commissioner for approval
      to receive a sales tax exemption certificate for purposes
11    of the exemptions for property used as an integral part
      of the performance of qualified production services,
12    fabrication labor used in the production of a qualified
      motion picture, certain motion picture or video equipment
13    and sound recording equipment, and master tapes, records,
      films, and video tapes. Directs the office to establish a
14    standard application form and approval procedures.
      Directs the Department of Revenue to issue an exemption
15    certificate upon receipt of an application approved by
      the office.  Specifies periods for which such exemption
16    certificates are valid and provides for renewal. Provides
      a penalty for falsifying an application or misuse of a
17    certificate.

18
      Specifies that such exemptions will inure to the taxpayer
19    upon presentation of the exemption certificate, and
      removes provisions which specify that the exemption for
20    certain motion picture or video equipment and sound
      recording equipment inures only through a refund.
21    Revises the exemption for the purchase of materials by
      certain educational entities that teach entertainment
22    industry skills, to include the license in or lease of
      real property, and support operations of such entities.
23

24    Takes effect contingent on adoption of legislation
      creating the Office of the Film Commissioner.
25

26

27

28

29

30

31

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