House Bill hb0379
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Florida House of Representatives - 2001 HB 379
By Representative Allen
1 A bill to be entitled
2 An act relating to the entertainment industry;
3 amending s. 288.1251, F.S.; renaming the Office
4 of the Film Commissioner as the Office of Film
5 and Entertainment; renaming the Film
6 Commissioner as the Commissioner of Film and
7 Entertainment; authorizing receipt and
8 expenditure of certain grants and donations;
9 requiring such funds to be deposited in the
10 Grants and Donations Trust Fund of the
11 Executive Office of the Governor; amending s.
12 288.1252, F.S.; renaming the Florida Film
13 Advisory Council as the Florida Film and
14 Entertainment Advisory Council; adding the
15 executive director of Workforce Florida, Inc.,
16 as an ex officio, nonvoting member of the
17 council; requiring the council chair to be
18 elected from its appointed membership; amending
19 ss. 212.097 and 212.098, F.S.; expanding the
20 definition of "eligible business" under the
21 Urban High-Crime Area Job Tax Credit Program
22 and the Rural Job Tax Credit Program to include
23 certain businesses involved in motion picture
24 production and allied services; amending ss.
25 14.2015, 213.053, 288.1253, and 288.1258, F.S.;
26 conforming language to changes made by the act;
27 providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Paragraphs (h) and (i) of subsection (2)
2 and subsection (7) of section 14.2015, Florida Statutes, are
3 amended to read:
4 14.2015 Office of Tourism, Trade, and Economic
5 Development; creation; powers and duties.--
6 (2) The purpose of the Office of Tourism, Trade, and
7 Economic Development is to assist the Governor in working with
8 the Legislature, state agencies, business leaders, and
9 economic development professionals to formulate and implement
10 coherent and consistent policies and strategies designed to
11 provide economic opportunities for all Floridians. To
12 accomplish such purposes, the Office of Tourism, Trade, and
13 Economic Development shall:
14 (h) Provide administrative oversight for the Office of
15 the Film and Entertainment Commissioner, created under s.
16 288.1251, to develop, promote, and provide services to the
17 state's entertainment industry and to administratively house
18 the Florida Film and Entertainment Advisory Council created
19 under s. 288.1252.
20 (i) Prepare and submit as a separate budget entity a
21 unified budget request for tourism, trade, and economic
22 development in accordance with chapter 216 for, and in
23 conjunction with, Enterprise Florida, Inc., and its boards,
24 the Florida Commission on Tourism and its direct-support
25 organization, the Florida Black Business Investment Board, the
26 Office of the Film and Entertainment Commissioner, and the
27 direct-support organization created to promote the sports
28 industry.
29 (7) The Office of Tourism, Trade, and Economic
30 Development shall develop performance measures, standards, and
31 sanctions for each program it administers under this act and,
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1 in conjunction with the applicable entity, for each program
2 for which it contracts with another entity under this act. The
3 performance measures, standards, and sanctions shall be
4 developed in consultation with the legislative appropriations
5 committees and the appropriate substantive committees, and are
6 subject to the review and approval process provided in s.
7 216.177. The approved performance measures, standards, and
8 sanctions shall be included and made a part of the strategic
9 plan for the Office of the Film and Entertainment Commissioner
10 and each contract entered into for delivery of programs
11 authorized by this act.
12 Section 2. Paragraph (a) of subsection (1) of section
13 212.097, Florida Statutes, is amended to read:
14 212.097 Urban High-Crime Area Job Tax Credit
15 Program.--
16 (1) As used in this section, the term:
17 (a) "Eligible business" means any sole proprietorship,
18 firm, partnership, or corporation that is located in a
19 qualified county and is predominantly engaged in, or is
20 headquarters for a business predominantly engaged in,
21 activities usually provided for consideration by firms
22 classified within the following standard industrial
23 classifications: SIC 01-SIC 09 (agriculture, forestry, and
24 fishing); SIC 20-SIC 39 (manufacturing); SIC 52-SIC 57 and SIC
25 59 (retail); SIC 422 (public warehousing and storage); SIC 70
26 (hotels and other lodging places); SIC 7391 (research and
27 development); SIC 781 (motion picture production and allied
28 services); SIC 7992 (public golf courses); and SIC 7996
29 (amusement parks). A call center or similar customer service
30 operation that services a multistate market or international
31 market is also an eligible business. In addition, the Office
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1 of Tourism, Trade, and Economic Development may, as part of
2 its final budget request submitted pursuant to s. 216.023,
3 recommend additions to or deletions from the list of standard
4 industrial classifications used to determine an eligible
5 business, and the Legislature may implement such
6 recommendations. Excluded from eligible receipts are receipts
7 from retail sales, except such receipts for SIC 52-SIC 57 and
8 SIC 59 (retail) hotels and other lodging places classified in
9 SIC 70, public golf courses in SIC 7992, and amusement parks
10 in SIC 7996. For purposes of this paragraph, the term
11 "predominantly" means that more than 50 percent of the
12 business's gross receipts from all sources is generated by
13 those activities usually provided for consideration by firms
14 in the specified standard industrial classification. The
15 determination of whether the business is located in a
16 qualified high-crime area and the tier ranking of that area
17 must be based on the date of application for the credit under
18 this section. Commonly owned and controlled entities are to be
19 considered a single business entity.
20 Section 3. Paragraph (a) of subsection (1) of section
21 212.098, Florida Statutes, is amended to read:
22 212.098 Rural Job Tax Credit Program.--
23 (1) As used in this section, the term:
24 (a) "Eligible business" means any sole proprietorship,
25 firm, partnership, or corporation that is located in a
26 qualified county and is predominantly engaged in, or is
27 headquarters for a business predominantly engaged in,
28 activities usually provided for consideration by firms
29 classified within the following standard industrial
30 classifications: SIC 01-SIC 09 (agriculture, forestry, and
31 fishing); SIC 20-SIC 39 (manufacturing); SIC 422 (public
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1 warehousing and storage); SIC 70 (hotels and other lodging
2 places); SIC 7391 (research and development); SIC 781 (motion
3 picture production and allied services); SIC 7992 (public golf
4 courses); and SIC 7996 (amusement parks). A call center or
5 similar customer service operation that services a multistate
6 market or an international market is also an eligible
7 business. In addition, the Office of Tourism, Trade, and
8 Economic Development may, as part of its final budget request
9 submitted pursuant to s. 216.023, recommend additions to or
10 deletions from the list of standard industrial classifications
11 used to determine an eligible business, and the Legislature
12 may implement such recommendations. Excluded from eligible
13 receipts are receipts from retail sales, except such receipts
14 for hotels and other lodging places classified in SIC 70,
15 public golf courses in SIC 7992, and amusement parks in SIC
16 7996. For purposes of this paragraph, the term
17 "predominantly" means that more than 50 percent of the
18 business's gross receipts from all sources is generated by
19 those activities usually provided for consideration by firms
20 in the specified standard industrial classification. The
21 determination of whether the business is located in a
22 qualified county and the tier ranking of that county must be
23 based on the date of application for the credit under this
24 section. Commonly owned and controlled entities are to be
25 considered a single business entity.
26 Section 4. Paragraph (t) of subsection (7) of section
27 213.053, Florida Statutes, is amended to read:
28 213.053 Confidentiality and information sharing.--
29 (7) Notwithstanding any other provision of this
30 section, the department may provide:
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1 (t) Information relative to the tax exemptions under
2 ss. 212.031, 212.06, and 212.08 for those persons qualified
3 under s. 288.1258 to the Office of the Film and Entertainment
4 Commissioner. The Department of Revenue shall provide the
5 Office of the Film and Entertainment Commissioner with
6 information in the aggregate.
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8 Disclosure of information under this subsection shall be
9 pursuant to a written agreement between the executive director
10 and the agency. Such agencies, governmental or
11 nongovernmental, shall be bound by the same requirements of
12 confidentiality as the Department of Revenue. Breach of
13 confidentiality is a misdemeanor of the first degree,
14 punishable as provided by s. 775.082 or s. 775.083.
15 Section 5. Section 288.1251, Florida Statutes, is
16 amended to read:
17 288.1251 Promotion and development of entertainment
18 industry; Office of the Film and Entertainment Commissioner;
19 creation; purpose; powers and duties.--
20 (1) CREATION.--
21 (a) There is hereby created within the Office of
22 Tourism, Trade, and Economic Development the Office of the
23 Film and Entertainment Commissioner for the purpose of
24 developing, marketing, promoting, and providing services to
25 the state's entertainment industry.
26 (b) The Office of Tourism, Trade, and Economic
27 Development shall conduct a national search for a qualified
28 person to fill the position of Film Commissioner of Film and
29 Entertainment, and the Executive Director of the Office of
30 Tourism, Trade, and Economic Development shall hire the Film
31 Commissioner of Film and Entertainment. Guidelines for
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1 selection of the Film Commissioner of Film and Entertainment
2 shall include, but not be limited to, the Film Commissioner of
3 Film and Entertainment having the following:
4 1. A working knowledge of the equipment, personnel,
5 financial, and day-to-day production operations of the
6 industries to be served by the office;
7 2. Marketing and promotion experience related to the
8 industries to be served by the office;
9 3. Experience working with a variety of individuals
10 representing large and small entertainment-related businesses,
11 industry associations, local community entertainment industry
12 liaisons, and labor organizations; and
13 4. Experience working with a variety of state and
14 local governmental agencies.
15 (2) POWERS AND DUTIES.--
16 (a) The Office of the Film and Entertainment
17 Commissioner, in performance of its duties, shall:
18 1. In consultation with the Florida Film and
19 Entertainment Advisory Council, develop and implement a 5-year
20 strategic plan to guide the activities of the Office of the
21 Film and Entertainment Commissioner in the areas of
22 entertainment industry development, marketing, promotion,
23 liaison services, field office administration, and
24 information. The plan, to be developed by no later than June
25 30, 2000, shall:
26 a. Be annual in construction and ongoing in nature.
27 b. Include recommendations relating to the
28 organizational structure of the office.
29 c. Include an annual budget projection for the office
30 for each year of the plan.
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1 d. Include an operational model for the office to use
2 in implementing programs for rural and urban areas designed
3 to:
4 (I) Develop and promote the state's entertainment
5 industry.
6 (II) Have the office serve as a liaison between the
7 entertainment industry and other state and local governmental
8 agencies, local film commissions, and labor organizations.
9 (III) Gather statistical information related to the
10 state's entertainment industry.
11 (IV) Provide information and service to businesses,
12 communities, organizations, and individuals engaged in
13 entertainment industry activities.
14 (V) Administer field offices outside the state and
15 coordinate with regional offices maintained by counties and
16 regions of the state, as described in sub-sub-subparagraph
17 (II), as necessary.
18 e. Include performance standards and measurable
19 outcomes for the programs to be implemented by the office.
20 f. Include an assessment of, and make recommendations
21 on, the feasibility of creating an alternative public-private
22 partnership for the purpose of contracting with such a
23 partnership for the administration of the state's
24 entertainment industry promotion, development, marketing, and
25 service programs.
26 2. Develop, market, and facilitate a smooth working
27 relationship between state agencies and local governments in
28 cooperation with local film commission offices for
29 out-of-state and indigenous entertainment industry production
30 entities.
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1 3. Implement a structured methodology prescribed for
2 coordinating activities of local offices with each other and
3 the commissioner's office.
4 4. Represent the state's indigenous entertainment
5 industry to key decisionmakers within the national and
6 international entertainment industry, and to state and local
7 officials.
8 5. Prepare an inventory and analysis of the state's
9 entertainment industry, including, but not limited to,
10 information on crew, related businesses, support services, job
11 creation, talent, and economic impact and coordinate with
12 local offices to develop an information tool for common use.
13 6. Represent key decisionmakers within the national
14 and international entertainment industry to the indigenous
15 entertainment industry and to state and local officials.
16 7. Serve as liaison between entertainment industry
17 producers and labor organizations.
18 8. Identify, solicit, and recruit entertainment
19 production opportunities for the state.
20 9. Assist rural communities and other small
21 communities in the state in developing the expertise and
22 capacity necessary for such communities to develop, market,
23 promote, and provide services to the state's entertainment
24 industry.
25 (b) The Office of the Film and Entertainment
26 Commissioner, in the performance of its duties, may: