Senate Bill 0884

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    Florida Senate - 2000                                   SB 884

    By Senator Kirkpatrick





    5-612-00

  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         212.08, F.S.; providing that the exemption for

  4         certain motion picture or video equipment and

  5         sound recording equipment shall be a point of

  6         sale exemption rather than by refund; providing

  7         that the exemption inures to the taxpayer upon

  8         presentation of a certificate of exemption

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

10         the partial exemption for master tapes,

11         records, films, or video tapes inures to the

12         taxpayer upon presentation of a certificate of

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

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

15         Department of Revenue to share certain

16         information with the Office of the Film

17         Commissioner; providing an effective date.

18

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

20

21         Section 1.  Section 288.1258, Florida Statutes, is

22  created to read:

23         288.1258  Entertainment industry qualified production

24  companies; application procedure; categories; duties of the

25  Department of Revenue; records and reports.--

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

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

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

29  pictures, television series, commercial advertising, music

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

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

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  1  production company for the purpose of receiving a sales and

  2  use tax certificate of exemption from the Department of

  3  Revenue.

  4         (b)  As used in this section, the term, "qualified

  5  production company" means any production company that has

  6  submitted a properly completed application to the Office of

  7  the Film Commissioner and that is subsequently found to be

  8  qualified by that office.

  9         (2)  APPLICATION PROCEDURE.--

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

11  establish a process by which an entertainment industry

12  production company may be approved by the office as a

13  qualified production company and receive a certificate of

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

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

16         2.  Upon determination by the Office of the Film

17  Commissioner that a production company meets the established

18  approval criteria and qualifies for exemption, the Office of

19  the Film Commissioner shall forward the approved application

20  or application renewal or extension to the Department of

21  Revenue, which shall issue a certificate of exemption.

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

23  application or an application for renewal or extension from a

24  production company if it finds that the production company

25  does not meet the established approval criteria.

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

27  with the cooperation of the Department of Revenue and

28  local-government entertainment industry promotion agencies, a

29  standardized application form for use in approving qualified

30  production companies.

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  1         1.  The application form must include, without

  2  limitation, production-related information on employment,

  3  proposed budgets, planned purchases of items exempted from

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

  5  signed affirmation from the applicant that any items purchased

  6  for which the applicant is seeking a tax exemption are

  7  intended for use exclusively as an integral part of

  8  entertainment industry preproduction, production, or

  9  postproduction activities engaged in primarily in this state,

10  and a signed affirmation from the Office of the Film

11  Commissioner that the information on the application form has

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

13  projected employment, proposed budgets, or planned purchases

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

15  certificate of exemption may submit summary historical data

16  concerning employment, production budgets, and purchases of

17  exempted items related to production activities in this state.

18         2.  The application form may be distributed to

19  applicants by the Office of the Film Commissioner or local

20  film commissions.

21         (c)  The Office of the Film Commissioner shall process

22  all applications, renewals, and extensions for designation as

23  a qualified production company.

24         (d)  If the Department of Revenue finds that a

25  production company no longer qualifies for a certificate of

26  exemption or has used a certificate of exemption for purposes

27  other than those authorized by this section and chapter 212,

28  the Department of Revenue shall revoke the certificate of

29  exemption of the company, and any sales or use taxes exempted

30  on items purchased or leased by the production company while

31  the company was not qualified for a certificate of exemption

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  1  or improperly used a certificate of exemption shall become

  2  immediately due to the Department of Revenue, along with

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

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

  5  and willfully falsifies an application or uses a certificate

  6  of exemption for purposes other than those authorized by this

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

  8  punishable as provided in s. 775.082, s. 775.083, or s.

  9  775.084.

10         (3)  CATEGORIES.--

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

12  designation as a qualified production company for a period of

13  1 year if the company has operated a business in this state at

14  a permanent address for a period of 12 consecutive months.

15  Such a qualified production company shall receive a single

16  1-year certificate of exemption from the Department of Revenue

17  for the sales and use tax exemptions under ss. 212.031,

18  212.06, and 212.08, which certificate shall expire 1 year

19  after issuance or upon the cessation of business operations in

20  the state, at which time the certificate must be surrendered

21  to the Department of Revenue.

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

23  method by which a qualified production company may annually

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

25  5 years without requiring the production company to resubmit a

26  new application during that 5-year period.

27         3.  Any qualified production company may submit a new

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

29  expiration of that company's certificate of exemption.

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

31  designation as a qualified production company for a period of

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  1  90 days. The production company shall receive a single 90-day

  2  certificate of exemption from the Department of Revenue for

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

  4  and 212.08, which certificate shall expire 90 days after its

  5  issuance, with extensions contingent upon approval of the

  6  Office of the Film Commissioner.  The certificate must be

  7  surrendered to the Department of Revenue upon its expiration.

  8         2.  Any production company may submit a new application

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

10  its certificate of exemption.

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

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

13  certificate of exemption to a qualified production company

14  within 5 working days after receiving a properly completed and

15  approved application, application renewal, or application

16  extension from the Office of the Film Commissioner.

17         (b)  The Department of Revenue may adopt rules and

18  shall prescribe and publish such forms as are necessary to

19  effectuate the purposes of this section or any of the sales

20  tax exemptions that are reasonably related to the provisions

21  of this section.

22         (c)  The Department of Revenue may establish audit

23  procedures in accordance with the provisions of ss. 212.12 and

24  212.13 which relate to the sales tax exemption provisions of

25  this section.

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

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

28  Commissioner shall keep annual records from the information

29  provided on taxpayer applications for tax exemption

30  certificates beginning January 1, 2001. These records must

31  indicate a percentage comparison of the annual amount of funds

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  1  exempted to the estimated amount of funds expended in relation

  2  to entertainment industry products. In addition, the office

  3  shall maintain data showing annual growth in Florida-based

  4  entertainment industry companies and entertainment industry

  5  employment and wages. The Office of the Film Commissioner

  6  shall report this information to the Legislature by December 1

  7  of each year.

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

  9  212.031, Florida Statutes, is amended to read:

10         212.031  Lease or rental of or license in real

11  property.--

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

13  that every person is exercising a taxable privilege who

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

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

16  such property is:

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

18         2.  Used exclusively as dwelling units.

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

20  storage spaces under s. 212.03(6).

21         4.  Recreational property or the common elements of a

22  condominium when subject to a lease between the developer or

23  owner thereof and the condominium association in its own right

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

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

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

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

28  or the condominium association shall be fully taxable under

29  this chapter.

30         5.  A public or private street or right-of-way and

31  poles, conduits, fixtures, and similar improvements located on

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  1  such streets or rights-of-way, occupied or used by a utility

  2  or franchised cable television company for utility or

  3  communications or television purposes. For purposes of this

  4  subparagraph, the term "utility" means any person providing

  5  utility services as defined in s. 203.012. This exception also

  6  applies to property, excluding buildings, wherever located, on

  7  which antennas, cables, adjacent accessory structures, or

  8  adjacent accessory equipment used in the provision of

  9  cellular, enhanced specialized mobile radio, or personal

10  communications services are placed.

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

12  transportation purposes.

13         7.  Property used at an airport exclusively for the

14  purpose of aircraft landing or aircraft taxiing or property

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

16  passengers or property onto or from aircraft or for fueling

17  aircraft.

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

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

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

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

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

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

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

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

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

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

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

29  imported or exported shall remain subject to tax except as

30  provided in sub-subparagraph a.

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  1         9.  Property used as an integral part of the

  2  performance of qualified production services.  As used in this

  3  subparagraph, the term "qualified production services" means

  4  any activity or service performed directly in connection with

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

  6  212.06(1)(b), and includes:

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

  8  managing and scouting, shooting, creation of special and

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

10  electronic, or otherwise), technological modifications,

11  computer graphics, set and stage support (such as

12  electricians, lighting designers and operators, greensmen,

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

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

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

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

17  coaching, consulting, writing, scoring, composing,

18  choreographing, script supervising, directing, producing,

19  transmitting dailies, dubbing, mixing, editing, cutting,

20  looping, printing, processing, duplicating, storing, and

21  distributing;

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

23  alteration, repair, and maintenance of real or personal

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

25  facilities principally required for the performance of those

26  services listed in sub-subparagraph a.; and

27         c.  Property management services directly related to

28  property used in connection with the services described in

29  sub-subparagraphs a. and b.

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  1  The exemption provided in this subparagraph will inure to the

  2  taxpayer upon presentation of the certificate of exemption

  3  issued to the taxpayer under s. 288.1258.

  4         10.  Leased, subleased, licensed, or rented to a person

  5  providing food and drink concessionaire services within the

  6  premises of a convention hall, exhibition hall, auditorium,

  7  stadium, theater, arena, civic center, performing arts center,

  8  recreational facility, or any business operated under a permit

  9  issued pursuant to chapter 550.  A person providing retail

10  concessionaire services involving the sale of food and drink

11  or other tangible personal property within the premises of an

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

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

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

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

16  tangible personal property.

17         11.  Property occupied pursuant to an instrument

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

19  Technical Assistance Advisement issued on or before March 15,

20  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

21  Florida Administrative Code; provided that this subparagraph

22  shall only apply to property occupied by the same person

23  before and after the execution of the subject instrument and

24  only to those payments made pursuant to such instrument,

25  exclusive of renewals and extensions thereof occurring after

26  March 15, 1993.

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

28  212.06, Florida Statutes, is amended to read:

29         212.06  Sales, storage, use tax; collectible from

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

31  legislative intent as to scope of tax.--

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  1         (1)

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

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

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

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

  6  produced, compounded, processed, or fabricated without any

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

  8  labor or service costs, or transportation charges,

  9  notwithstanding the provisions of s. 212.02 defining "cost

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

11  not be imposed upon any person who manufactures or produces

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

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

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

15  energy is transferred through facilities of the owner in the

16  operation of machinery or equipment that is used to

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

18  for shipment tangible personal property for sale or to operate

19  pollution control equipment, maintenance equipment, or

20  monitoring or control equipment used in such operations.  The

21  manufacture or production of electrical power or energy that

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

23  air-conditioning or any other nonmanufacturing, nonprocessing,

24  noncompounding, nonproducing, nonfabricating, or nonshipping

25  activity is taxable. Electrical power or energy consumed or

26  dissipated in the transmission or distribution of electrical

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

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

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

30  producer, subproducer, or coproducer of a qualified motion

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

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

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

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

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

  5  duplicates and prints thereof and all sound recordings created

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

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

  8  device and at any location, primarily for entertainment,

  9  commercial, industrial, or educational purposes. This

10  exemption for fabrication labor associated with production of

11  a qualified motion picture will inure to the taxpayer upon

12  presentation of the certificate of exemption issued to the

13  taxpayer under s. 288.1258. A person who manufactures

14  factory-built buildings for his or her own use in the

15  performance of contracts for the construction or improvement

16  of real property shall pay a tax only upon the person's cost

17  price of items used in the manufacture of such buildings.

18         Section 4.  Paragraph (f) of subsection (5) and

19  subsection (12) of section 212.08, Florida Statutes, are

20  amended to read:

21         212.08  Sales, rental, use, consumption, distribution,

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

23  the rental, the use, the consumption, the distribution, and

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

25  following are hereby specifically exempt from the tax imposed

26  by this chapter.

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

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

29  picture or television production activities and sound

30  recording equipment used in the production of master tapes and

31  master records.--

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  1         1.  Motion picture or video equipment and sound

  2  recording equipment purchased or leased for use in this state

  3  in production activities is exempt from the tax imposed by

  4  this chapter upon an affirmative showing by the purchaser or

  5  lessee to the satisfaction of the department that the

  6  equipment will be used for production activities. The

  7  exemption provided by this paragraph will shall inure to the

  8  taxpayer upon presentation of the certificate of exemption

  9  issued to the taxpayer under s. 288.1258. only through a

10  refund of previously paid taxes. Notwithstanding the

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

12  days of formal application, which application may be made

13  after the completion of production activities or on a

14  quarterly basis. Notwithstanding the provisions of chapter

15  213, the department shall provide the Department of Commerce

16  with a copy of each refund application and the amount of such

17  refund, if any.

18         2.  For the purpose of the exemption provided in

19  subparagraph 1.:

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

21  recording equipment" includes only equipment meeting the

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

23  48(a)(1)(A) and (B)(i) of the Internal Revenue Code that is

24  used by the lessee or purchaser exclusively as an integral

25  part of production activities; however, motion picture or

26  video equipment and sound recording equipment does not include

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

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

29  general office equipment not specifically suited to production

30  activities.  In addition, the term includes does not include

31  equipment purchased or leased by television or radio

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  1  broadcasting or cable companies licensed by the Federal

  2  Communications Commission.

  3         b.  "Production activities" means activities directed

  4  toward the preparation of a:

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

  6         (II)  Motion picture or television production which is

  7  produced for theatrical, commercial, advertising, or

  8  educational purposes and utilizes live or animated actions or

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

10  or television production shall be commercially produced for

11  sale or for showing on screens or broadcasting on television

12  and may be on film or video tape.

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

14  OR VIDEO TAPES.--

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

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

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

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

19  master video tapes; except that amounts paid to recording

20  studios or motion picture or television studios for the

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

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

23  This exemption provided in this paragraph will inure to the

24  taxpayer upon presentation of the certificate of exemption

25  issued to the taxpayer under s. 288.1258.

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

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

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

29  other intangible elements of such master tapes, records,

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

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

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  1  producing, fabricating, processing, or imprinting tangible

  2  personal property or any other services or production expenses

  3  in connection therewith which may otherwise be construed as

  4  constituting a "sale" under s. 212.02.

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

  6  video tapes utilized by the motion picture and television

  7  production industries in making visual images for

  8  reproduction.

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

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

11  recording industry in making recordings embodying sound.

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

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

14  productions are made and which contains the necessary

15  equipment and personnel for this purpose and includes a mobile

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

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

18  productions.

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

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

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

22  capable of reproducing sound.

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

24  occupation or business of making recordings embodying sound

25  for a livelihood or for a profit.

26         7.  "Motion picture or television production industry"

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

28  livelihood or for profit of making visual motion picture or

29  television visual images for showing on screen or television

30  for theatrical, commercial, advertising, or educational

31  purposes.

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  1         Section 5.  Subsection (7) of section 213.053, Florida

  2  Statutes, is amended to read:

  3         213.053  Confidentiality and information sharing.--

  4         (7)  Notwithstanding any other provision of this

  5  section, the department may provide:

  6         (a)  Information relative to chapter 211, chapter 376,

  7  or chapter 377 to the proper state agency in the conduct of

  8  its official duties.

  9         (b)  Names, addresses, and dates of commencement of

10  business activities of corporations to the Division of

11  Corporations of the Department of State in the conduct of its

12  official duties.

13         (c)  Information relative to chapter 212 and chapters

14  561 through 568 to the Division of Alcoholic Beverages and

15  Tobacco of the Department of Business and Professional

16  Regulation in the conduct of its official duties.

17         (d)  Names, addresses, and sales tax registration

18  information to the Division of Hotels and Restaurants of the

19  Department of Business and Professional Regulation in the

20  conduct of its official duties.

21         (e)  Names, addresses, taxpayer identification numbers,

22  and outstanding tax liabilities to the Department of the

23  Lottery and the Department of Banking and Finance in the

24  conduct of their official duties.

25         (f)  State tax information to the Nexus Program of the

26  Multistate Tax Commission pursuant to any formal agreement for

27  the exchange of mutual information between the department and

28  the commission.

29         (g)  Tax information to principals, and their

30  designees, of the Revenue Estimating Conference for the

31  purpose of developing official revenue estimates.

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  1         (h)  Names and addresses of persons paying taxes

  2  pursuant to part IV of chapter 206 to the Department of

  3  Environmental Protection in the conduct of its official

  4  duties.

  5         (i)  Information relative to chapters 212 and 326 to

  6  the Division of Florida Land Sales, Condominiums, and Mobile

  7  Homes of the Department of Business and Professional

  8  Regulation in the conduct of its official duties.

  9         (j)  Information authorized pursuant to s. 213.0535 to

10  eligible participants in the Registration Information Sharing

11  and Exchange Program.

12         (k)  Payment information relative to chapters 199, 201,

13  212, 220, and 221 to the Office of Tourism, Trade, and

14  Economic Development in its administration of the tax refund

15  program for qualified defense contractors authorized by s.

16  288.1045 and the tax refund program for qualified target

17  industry businesses authorized by s. 288.106.

18         (l)  Information relative to chapter 212 to the Office

19  of Agriculture Law Enforcement of the Department of

20  Agriculture and Consumer Services in the conduct of the Bill

21  of Lading Program. This information is limited to the business

22  name and whether the business is in compliance with chapter

23  212.

24         (m)  Information relative to chapter 198 to the Agency

25  for Health Care Administration in the conduct of its official

26  business relating to ss. 409.901-409.910.

27         (n)  Information contained in returns, reports,

28  accounts, or declarations to the Board of Accountancy in

29  connection with a disciplinary proceeding conducted pursuant

30  to chapter 473 when related to a certified public accountant

31  participating in the certified audits project, or to the court

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    Florida Senate - 2000                                   SB 884
    5-612-00




  1  in connection with a civil proceeding brought by the

  2  department relating to a claim for recovery of taxes due to

  3  negligence on the part of a certified public accountant

  4  participating in the certified audits project.  In any

  5  judicial proceeding brought by the department, upon motion for

  6  protective order, the court shall limit disclosure of tax

  7  information when necessary to effectuate the purposes of this

  8  section.  This paragraph is repealed on July 1, 2002.

  9         (o)  Information relative to ss. 376.70 and 376.75 to

10  the Department of Environmental Protection in the conduct of

11  its official business and to the facility owner, facility

12  operator, and real property owners as defined in s. 376.301.

13         (p)  Information relative to ss. 199.1055, 220.1845,

14  and 376.30781 to the Department of Environmental Protection in

15  the conduct of its official business.

16         (q)  Names, addresses, and sales tax registration

17  information to the Division of Consumer Services of the

18  Department of Agriculture and Consumer Services in the conduct

19  of its official duties.

20         (r)  Information relative to the tax exemptions under

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

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

23  Department of Revenue shall provide the Office of the Film

24  Commissioner with information in the aggregate.

25

26  Disclosure of information under this subsection must shall be

27  pursuant to a written agreement between the executive director

28  and the agency.  Such agencies, governmental or

29  nongovernmental, remain shall be bound by the same

30  requirements of confidentiality as the Department of Revenue.

31

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    Florida Senate - 2000                                   SB 884
    5-612-00




  1  Breach of confidentiality is a misdemeanor of the first

  2  degree, punishable as provided by s. 775.082 or s. 775.083.

  3         Section 6.  This act shall take effect January 1, 2001.

  4

  5            *****************************************

  6                       LEGISLATIVE SUMMARY

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

16    Specifies that such exemptions will inure to the taxpayer
      upon presentation of the exemption certificate, and
17    removes provisions which specify that the exemption for
      certain motion picture or video equipment and sound
18    recording equipment inures only through a refund.

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