Senate Bill sb2216
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    Florida Senate - 2002                                  SB 2216
    By Senator Campbell
    33-355-02
  1                      A bill to be entitled
  2         An act relating to the entertainment industry;
  3         amending s. 212.031, F.S.; eliminating a sales
  4         and use tax exemption for the renting, leasing,
  5         letting, or granting a license for the use of
  6         real property used as an integral part of the
  7         performance of qualified production services;
  8         amending s. 212.06, F.S.; eliminating a sales
  9         and use tax exemption for fabrication labor
10         related to certain qualified motion pictures;
11         amending s. 212.20, F.S.; providing that a
12         specified amount of proceeds from sales and use
13         taxes and communications services taxes shall
14         be transferred to the Florida Entertainment
15         Industry Promotion Trust Fund; amending s.
16         288.1251, F.S.; revising the purposes of the
17         Office of Film and Entertainment; providing for
18         specific organizational units within the
19         office; directing the Office of Film and
20         Entertainment, subject to specific legislative
21         appropriation, to establish regional field
22         offices; prescribing the purpose of the field
23         offices; authorizing the Commissioner of Film
24         and Entertainment to hire and supervise field
25         office staff; requiring a plan governing
26         establishment and operation of the field
27         offices; prescribing minimum elements of the
28         plan; amending s. 288.1252, F.S.; revising a
29         deadline relating to appointment of members of
30         the Florida Film and Entertainment Advisory
31         Council; revising the composition of council
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  1         members; prohibiting certain individuals from
  2         serving as members of the council; requiring
  3         the Office of Film and Entertainment to
  4         maintain a directory of potential council
  5         members; providing legislative findings
  6         regarding state, regional, and local efforts to
  7         develop the entertainment industry; requiring a
  8         performance evaluation of local and regional
  9         efforts; prescribing minimum elements of the
10         evaluation; repealing s. 212.08(5)(f), F.S.,
11         which provides for a sales and use tax
12         exemption for certain motion picture or video
13         equipment used in motion picture or television
14         production activities and sound recording
15         equipment used in the production of master
16         tapes and master records; repealing s.
17         212.08(12), F.S., which provides for a partial
18         sales and use tax exemption for master tapes,
19         records, films, or videotapes; repealing s.
20         213.053(7)(t), F.S., which provides for the
21         sharing of certain tax information by the
22         Department of Revenue with the Office of Film
23         and Entertainment; repealing s. 288.1258, F.S.,
24         which provides for the application and approval
25         of entertainment industry production companies
26         to receive a sales and use tax certificate of
27         exemption; providing for the expiration of
28         terms of members of the Florida Film and
29         Entertainment Advisory Council; expressing
30         legislative intent for new appointments to the
31         council; authorizing reappointment to the
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  1         council; providing for the effect of prior
  2         service on the council; providing for an
  3         evaluation report from OPPAGA; creating the
  4         Florida Film Finance Act; providing a short
  5         title; prescribing the purpose of the act;
  6         defining terms; creating the Florida Film
  7         Finance Corporation; providing for the purpose,
  8         membership, and powers of the corporation;
  9         authorizing a credit against premium tax
10         liability for certain insurance companies that
11         make investments in the corporation; providing
12         for annual limits on the amount of tax credits;
13         providing for applications for financing from
14         the corporation for qualified film projects;
15         providing for application procedures,
16         eligibility requirements, and evaluation
17         criteria; requiring an agreement between the
18         corporation and an applicant approved for film
19         financing; providing for distribution of funds
20         to qualified investors in the corporation;
21         requiring an annual report from the
22         corporation; providing for transferability of
23         credits against premium tax liability;
24         providing rulemaking authority; providing for
25         an expiration date and legislative review;
26         providing effective dates.
27
28  Be It Enacted by the Legislature of the State of Florida:
29
30         Section 1.  Paragraph (a) of subsection (1) of section
31  212.031, Florida Statutes, is amended to read:
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  1         212.031  Lease or rental of or license in real
  2  property.--
  3         (1)
  4         (a)  It is declared to be the legislative intent that
  5  every person is exercising a taxable privilege who engages in
  6  the business of renting, leasing, letting, or granting a
  7  license for the use of any real property unless such property
  8  is:
  9         1.  Assessed as agricultural property under s. 193.461.
10         2.  Used exclusively as dwelling units.
11         3.  Property subject to tax on parking, docking, or
12  storage spaces under s. 212.03(6).
13         4.  Recreational property or the common elements of a
14  condominium when subject to a lease between the developer or
15  owner thereof and the condominium association in its own right
16  or as agent for the owners of individual condominium units or
17  the owners of individual condominium units. However, only the
18  lease payments on such property shall be exempt from the tax
19  imposed by this chapter, and any other use made by the owner
20  or the condominium association shall be fully taxable under
21  this chapter.
22         5.  A public or private street or right-of-way and
23  poles, conduits, fixtures, and similar improvements located on
24  such streets or rights-of-way, occupied or used by a utility
25  or provider of communications services, as defined by s.
26  202.11, for utility or communications or television purposes.
27  For purposes of this subparagraph, the term "utility" means
28  any person providing utility services as defined in s.
29  203.012. This exception also applies to property, wherever
30  located, on which the following are placed: towers, antennas,
31  cables, accessory structures, or equipment, not including
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  1  switching equipment, used in the provision of mobile
  2  communications services as defined in s. 202.11. For purposes
  3  of this chapter, towers used in the provision of mobile
  4  communications services, as defined in s. 202.11, are
  5  considered to be fixtures.
  6         6.  A public street or road which is used for
  7  transportation purposes.
  8         7.  Property used at an airport exclusively for the
  9  purpose of aircraft landing or aircraft taxiing or property
10  used by an airline for the purpose of loading or unloading
11  passengers or property onto or from aircraft or for fueling
12  aircraft.
13         8.a.  Property used at a port authority, as defined in
14  s. 315.02(2), exclusively for the purpose of oceangoing
15  vessels or tugs docking, or such vessels mooring on property
16  used by a port authority for the purpose of loading or
17  unloading passengers or cargo onto or from such a vessel, or
18  property used at a port authority for fueling such vessels, or
19  to the extent that the amount paid for the use of any property
20  at the port is based on the charge for the amount of tonnage
21  actually imported or exported through the port by a tenant.
22         b.  The amount charged for the use of any property at
23  the port in excess of the amount charged for tonnage actually
24  imported or exported shall remain subject to tax except as
25  provided in sub-subparagraph a.
26         9.  Property used as an integral part of the
27  performance of qualified production services.  As used in this
28  subparagraph, the term "qualified production services" means
29  any activity or service performed directly in connection with
30  the production of a qualified motion picture, as defined in s.
31  212.06(1)(b), and includes:
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  1         a.  Photography, sound and recording, casting, location
  2  managing and scouting, shooting, creation of special and
  3  optical effects, animation, adaptation (language, media,
  4  electronic, or otherwise), technological modifications,
  5  computer graphics, set and stage support (such as
  6  electricians, lighting designers and operators, greensmen,
  7  prop managers and assistants, and grips), wardrobe (design,
  8  preparation, and management), hair and makeup (design,
  9  production, and application), performing (such as acting,
10  dancing, and playing), designing and executing stunts,
11  coaching, consulting, writing, scoring, composing,
12  choreographing, script supervising, directing, producing,
13  transmitting dailies, dubbing, mixing, editing, cutting,
14  looping, printing, processing, duplicating, storing, and
15  distributing;
16         b.  The design, planning, engineering, construction,
17  alteration, repair, and maintenance of real or personal
18  property including stages, sets, props, models, paintings, and
19  facilities principally required for the performance of those
20  services listed in sub-subparagraph a.; and
21         c.  Property management services directly related to
22  property used in connection with the services described in
23  sub-subparagraphs a. and b.
24
25  This exemption will inure to the taxpayer upon presentation of
26  the certificate of exemption issued to the taxpayer under the
27  provisions of s. 288.1258.
28         9.10.  Leased, subleased, licensed, or rented to a
29  person providing food and drink concessionaire services within
30  the premises of a convention hall, exhibition hall,
31  auditorium, stadium, theater, arena, civic center, performing
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  1  arts center, publicly owned recreational facility, or any
  2  business operated under a permit issued pursuant to chapter
  3  550.  A person providing retail concessionaire services
  4  involving the sale of food and drink or other tangible
  5  personal property within the premises of an airport shall be
  6  subject to tax on the rental of real property used for that
  7  purpose, but shall not be subject to the tax on any license to
  8  use the property.  For purposes of this subparagraph, the term
  9  "sale" shall not include the leasing of tangible personal
10  property.
11         10.11.  Property occupied pursuant to an instrument
12  calling for payments which the department has declared, in a
13  Technical Assistance Advisement issued on or before March 15,
14  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),
15  Florida Administrative Code; provided that this subparagraph
16  shall only apply to property occupied by the same person
17  before and after the execution of the subject instrument and
18  only to those payments made pursuant to such instrument,
19  exclusive of renewals and extensions thereof occurring after
20  March 15, 1993.
21         11.12.  Rented, leased, subleased, or licensed to a
22  concessionaire by a convention hall, exhibition hall,
23  auditorium, stadium, theater, arena, civic center, performing
24  arts center, or publicly owned recreational facility, during
25  an event at the facility, to be used by the concessionaire to
26  sell souvenirs, novelties, or other event-related products.
27  This subparagraph applies only to that portion of the rental,
28  lease, or license payment which is based on a percentage of
29  sales and not based on a fixed price.
30         12.13.  Property used or occupied predominantly for
31  space flight business purposes. As used in this subparagraph,
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  1  "space flight business" means the manufacturing, processing,
  2  or assembly of a space facility, space propulsion system,
  3  space vehicle, satellite, or station of any kind possessing
  4  the capacity for space flight, as defined by s. 212.02(23), or
  5  components thereof, and also means the following activities
  6  supporting space flight: vehicle launch activities, flight
  7  operations, ground control or ground support, and all
  8  administrative activities directly related thereto. Property
  9  shall be deemed to be used or occupied predominantly for space
10  flight business purposes if more than 50 percent of the
11  property, or improvements thereon, is used for one or more
12  space flight business purposes. Possession by a landlord,
13  lessor, or licensor of a signed written statement from the
14  tenant, lessee, or licensee claiming the exemption shall
15  relieve the landlord, lessor, or licensor from the
16  responsibility of collecting the tax, and the department shall
17  look solely to the tenant, lessee, or licensee for recovery of
18  such tax if it determines that the exemption was not
19  applicable.
20         Section 2.  Effective July 1, 2003, paragraph (a) of
21  subsection (1) of section 212.031, Florida Statutes, as
22  amended by section 3 of chapter 2000-345 and section 27 of
23  chapter 2001-140, Laws of Florida, is amended to read:
24         212.031  Lease or rental of or license in real
25  property.--
26         (1)(a)  It is declared to be the legislative intent
27  that every person is exercising a taxable privilege who
28  engages in the business of renting, leasing, letting, or
29  granting a license for the use of any real property unless
30  such property is:
31         1.  Assessed as agricultural property under s. 193.461.
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  1         2.  Used exclusively as dwelling units.
  2         3.  Property subject to tax on parking, docking, or
  3  storage spaces under s. 212.03(6).
  4         4.  Recreational property or the common elements of a
  5  condominium when subject to a lease between the developer or
  6  owner thereof and the condominium association in its own right
  7  or as agent for the owners of individual condominium units or
  8  the owners of individual condominium units. However, only the
  9  lease payments on such property shall be exempt from the tax
10  imposed by this chapter, and any other use made by the owner
11  or the condominium association shall be fully taxable under
12  this chapter.
13         5.  A public or private street or right-of-way and
14  poles, conduits, fixtures, and similar improvements located on
15  such streets or rights-of-way, occupied or used by a utility
16  or provider of communications services, as defined by s.
17  202.11, for utility or communications or television purposes.
18  For purposes of this subparagraph, the term "utility" means
19  any person providing utility services as defined in s.
20  203.012. This exception also applies to property, wherever
21  located, on which the following are placed: towers, antennas,
22  cables, accessory structures, or equipment, not including
23  switching equipment, used in the provision of mobile
24  communications services as defined in s. 202.11. For purposes
25  of this chapter, towers used in the provision of mobile
26  communications services, as defined in s. 202.11, are
27  considered to be fixtures.
28         6.  A public street or road which is used for
29  transportation purposes.
30         7.  Property used at an airport exclusively for the
31  purpose of aircraft landing or aircraft taxiing or property
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  1  used by an airline for the purpose of loading or unloading
  2  passengers or property onto or from aircraft or for fueling
  3  aircraft.
  4         8.a.  Property used at a port authority, as defined in
  5  s. 315.02(2), exclusively for the purpose of oceangoing
  6  vessels or tugs docking, or such vessels mooring on property
  7  used by a port authority for the purpose of loading or
  8  unloading passengers or cargo onto or from such a vessel, or
  9  property used at a port authority for fueling such vessels, or
10  to the extent that the amount paid for the use of any property
11  at the port is based on the charge for the amount of tonnage
12  actually imported or exported through the port by a tenant.
13         b.  The amount charged for the use of any property at
14  the port in excess of the amount charged for tonnage actually
15  imported or exported shall remain subject to tax except as
16  provided in sub-subparagraph a.
17         9.  Property used as an integral part of the
18  performance of qualified production services.  As used in this
19  subparagraph, the term "qualified production services" means
20  any activity or service performed directly in connection with
21  the production of a qualified motion picture, as defined in s.
22  212.06(1)(b), and includes:
23         a.  Photography, sound and recording, casting, location
24  managing and scouting, shooting, creation of special and
25  optical effects, animation, adaptation (language, media,
26  electronic, or otherwise), technological modifications,
27  computer graphics, set and stage support (such as
28  electricians, lighting designers and operators, greensmen,
29  prop managers and assistants, and grips), wardrobe (design,
30  preparation, and management), hair and makeup (design,
31  production, and application), performing (such as acting,
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  1  dancing, and playing), designing and executing stunts,
  2  coaching, consulting, writing, scoring, composing,
  3  choreographing, script supervising, directing, producing,
  4  transmitting dailies, dubbing, mixing, editing, cutting,
  5  looping, printing, processing, duplicating, storing, and
  6  distributing;
  7         b.  The design, planning, engineering, construction,
  8  alteration, repair, and maintenance of real or personal
  9  property including stages, sets, props, models, paintings, and
10  facilities principally required for the performance of those
11  services listed in sub-subparagraph a.; and
12         c.  Property management services directly related to
13  property used in connection with the services described in
14  sub-subparagraphs a. and b.
15
16  This exemption will inure to the taxpayer upon presentation of
17  the certificate of exemption issued to the taxpayer under the
18  provisions of s. 288.1258.
19         9.10.  Leased, subleased, licensed, or rented to a
20  person providing food and drink concessionaire services within
21  the premises of a convention hall, exhibition hall,
22  auditorium, stadium, theater, arena, civic center, performing
23  arts center, publicly owned recreational facility, or any
24  business operated under a permit issued pursuant to chapter
25  550.  A person providing retail concessionaire services
26  involving the sale of food and drink or other tangible
27  personal property within the premises of an airport shall be
28  subject to tax on the rental of real property used for that
29  purpose, but shall not be subject to the tax on any license to
30  use the property.  For purposes of this subparagraph, the term
31
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  1  "sale" shall not include the leasing of tangible personal
  2  property.
  3         10.11.  Property occupied pursuant to an instrument
  4  calling for payments which the department has declared, in a
  5  Technical Assistance Advisement issued on or before March 15,
  6  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),
  7  Florida Administrative Code; provided that this subparagraph
  8  shall only apply to property occupied by the same person
  9  before and after the execution of the subject instrument and
10  only to those payments made pursuant to such instrument,
11  exclusive of renewals and extensions thereof occurring after
12  March 15, 1993.
13         11.12.  Property used or occupied predominantly for
14  space flight business purposes. As used in this subparagraph,
15  "space flight business" means the manufacturing, processing,
16  or assembly of a space facility, space propulsion system,
17  space vehicle, satellite, or station of any kind possessing
18  the capacity for space flight, as defined by s. 212.02(23), or
19  components thereof, and also means the following activities
20  supporting space flight: vehicle launch activities, flight
21  operations, ground control or ground support, and all
22  administrative activities directly related thereto. Property
23  shall be deemed to be used or occupied predominantly for space
24  flight business purposes if more than 50 percent of the
25  property, or improvements thereon, is used for one or more
26  space flight business purposes. Possession by a landlord,
27  lessor, or licensor of a signed written statement from the
28  tenant, lessee, or licensee claiming the exemption shall
29  relieve the landlord, lessor, or licensor from the
30  responsibility of collecting the tax, and the department shall
31  look solely to the tenant, lessee, or licensee for recovery of
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  1  such tax if it determines that the exemption was not
  2  applicable.
  3         Section 3.  Paragraph (b) of subsection (1) of section
  4  212.06, Florida Statutes, is amended to read:
  5         212.06  Sales, storage, use tax; collectible from
  6  dealers; "dealer" defined; dealers to collect from purchasers;
  7  legislative intent as to scope of tax.--
  8         (1)
  9         (b)  Except as otherwise provided, any person who
10  manufactures, produces, compounds, processes, or fabricates in
11  any manner tangible personal property for his or her own use
12  shall pay a tax upon the cost of the product manufactured,
13  produced, compounded, processed, or fabricated without any
14  deduction therefrom on account of the cost of material used,
15  labor or service costs, or transportation charges,
16  notwithstanding the provisions of s. 212.02 defining "cost
17  price."  However, the tax levied under this paragraph shall
18  not be imposed upon any person who manufactures or produces
19  electrical power or energy, steam energy, or other energy at a
20  single location, when such power or energy is used directly
21  and exclusively at such location, or at other locations if the
22  energy is transferred through facilities of the owner in the
23  operation of machinery or equipment that is used to
24  manufacture, process, compound, produce, fabricate, or prepare
25  for shipment tangible personal property for sale or to operate
26  pollution control equipment, maintenance equipment, or
27  monitoring or control equipment used in such operations.  The
28  manufacture or production of electrical power or energy that
29  is used for space heating, lighting, office equipment, or
30  air-conditioning or any other nonmanufacturing, nonprocessing,
31  noncompounding, nonproducing, nonfabricating, or nonshipping
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  1  activity is taxable. Electrical power or energy consumed or
  2  dissipated in the transmission or distribution of electrical
  3  power or energy for resale is also not taxable.  Fabrication
  4  labor shall not be taxable when a person is using his or her
  5  own equipment and personnel, for his or her own account, as a
  6  producer, subproducer, or coproducer of a qualified motion
  7  picture.  For purposes of this chapter, the term "qualified
  8  motion picture" means all or any part of a series of related
  9  images, either on film, tape, or other embodiment, including,
10  but not limited to, all items comprising part of the original
11  work and film-related products derived therefrom as well as
12  duplicates and prints thereof and all sound recordings created
13  to accompany a motion picture, which is produced, adapted, or
14  altered for exploitation in, on, or through any medium or
15  device and at any location, primarily for entertainment,
16  commercial, industrial, or educational purposes. This
17  exemption for fabrication labor associated with production of
18  a qualified motion picture will inure to the taxpayer upon
19  presentation of the certificate of exemption issued to the
20  taxpayer under the provisions of s. 288.1258. A person who
21  manufactures factory-built buildings for his or her own use in
22  the performance of contracts for the construction or
23  improvement of real property shall pay a tax only upon the
24  person's cost price of items used in the manufacture of such
25  buildings.
26         Section 4.  Paragraph (d) of subsection (6) of section
27  212.20, Florida Statutes, is amended to read:
28         212.20  Funds collected, disposition; additional powers
29  of department; operational expense; refund of taxes
30  adjudicated unconstitutionally collected.--
31
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  1         (6)  Distribution of all proceeds under this chapter
  2  and s. 202.18(1)(b) and (2)(b) shall be as follows:
  3         (d)  The proceeds of all other taxes and fees imposed
  4  pursuant to this chapter or remitted pursuant to s.
  5  202.18(1)(b) and (2)(b) shall be distributed as follows:
  6         1.  In any fiscal year, the greater of $500 million,
  7  minus an amount equal to 4.6 percent of the proceeds of the
  8  taxes collected pursuant to chapter 201, or 5 percent of all
  9  other taxes and fees imposed pursuant to this chapter or
10  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
11  deposited in monthly installments into the General Revenue
12  Fund.
13         2.  Two-tenths of one percent shall be transferred to
14  the Solid Waste Management Trust Fund.
15         3.  After the distribution under subparagraphs 1. and
16  2., 9.653 percent of the amount remitted by a sales tax dealer
17  located within a participating county pursuant to s. 218.61
18  shall be transferred into the Local Government Half-cent Sales
19  Tax Clearing Trust Fund.
20         4.  After the distribution under subparagraphs 1., 2.,
21  and 3., 0.065 percent shall be transferred to the Local
22  Government Half-cent Sales Tax Clearing Trust Fund and
23  distributed pursuant to s. 218.65.
24         5.  For proceeds received after July 1, 2000, and after
25  the distributions under subparagraphs 1., 2., 3., and 4., 2.25
26  percent of the available proceeds pursuant to this paragraph
27  shall be transferred monthly to the Revenue Sharing Trust Fund
28  for Counties pursuant to s. 218.215.
29         6.  For proceeds received after July 1, 2000, and after
30  the distributions under subparagraphs 1., 2., 3., and 4.,
31  1.0715 percent of the available proceeds pursuant to this
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  1  paragraph shall be transferred monthly to the Revenue Sharing
  2  Trust Fund for Municipalities pursuant to s. 218.215. If the
  3  total revenue to be distributed pursuant to this subparagraph
  4  is at least as great as the amount due from the Revenue
  5  Sharing Trust Fund for Municipalities and the Municipal
  6  Financial Assistance Trust Fund in state fiscal year
  7  1999-2000, no municipality shall receive less than the amount
  8  due from the Revenue Sharing Trust Fund for Municipalities and
  9  the Municipal Financial Assistance Trust Fund in state fiscal
10  year 1999-2000. If the total proceeds to be distributed are
11  less than the amount received in combination from the Revenue
12  Sharing Trust Fund for Municipalities and the Municipal
13  Financial Assistance Trust Fund in state fiscal year
14  1999-2000, each municipality shall receive an amount
15  proportionate to the amount it was due in state fiscal year
16  1999-2000.
17         7.  Of the remaining proceeds:
18         a.  Beginning July 1, 2000, and in each fiscal year
19  thereafter, the sum of $29,915,500 shall be divided into as
20  many equal parts as there are counties in the state, and one
21  part shall be distributed to each county.  The distribution
22  among the several counties shall begin each fiscal year on or
23  before January 5th and shall continue monthly for a total of 4
24  months.  If a local or special law required that any moneys
25  accruing to a county in fiscal year 1999-2000 under the
26  then-existing provisions of s. 550.135 be paid directly to the
27  district school board, special district, or a municipal
28  government, such payment shall continue until such time that
29  the local or special law is amended or repealed.  The state
30  covenants with holders of bonds or other instruments of
31  indebtedness issued by local governments, special districts,
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  1  or district school boards prior to July 1, 2000, that it is
  2  not the intent of this subparagraph to adversely affect the
  3  rights of those holders or relieve local governments, special
  4  districts, or district school boards of the duty to meet their
  5  obligations as a result of previous pledges or assignments or
  6  trusts entered into which obligated funds received from the
  7  distribution to county governments under then-existing s.
  8  550.135.  This distribution specifically is in lieu of funds
  9  distributed under s. 550.135 prior to July 1, 2000.
10         b.  The department shall distribute $166,667 monthly
11  pursuant to s. 288.1162 to each applicant that has been
12  certified as a "facility for a new professional sports
13  franchise" or a "facility for a retained professional sports
14  franchise" pursuant to s. 288.1162. Up to $41,667 shall be
15  distributed monthly by the department to each applicant that
16  has been certified as a "facility for a retained spring
17  training franchise" pursuant to s. 288.1162; however, not more
18  than $208,335 may be distributed monthly in the aggregate to
19  all certified facilities for a retained spring training
20  franchise. Distributions shall begin 60 days following such
21  certification and shall continue for not more than 30 years.
22  Nothing contained in this paragraph shall be construed to
23  allow an applicant certified pursuant to s. 288.1162 to
24  receive more in distributions than actually expended by the
25  applicant for the public purposes provided for in s.
26  288.1162(6). However, a certified applicant is entitled to
27  receive distributions up to the maximum amount allowable and
28  undistributed under this section for additional renovations
29  and improvements to the facility for the franchise without
30  additional certification.
31
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  1         c.  Beginning 30 days after notice by the Office of
  2  Tourism, Trade, and Economic Development to the Department of
  3  Revenue that an applicant has been certified as the
  4  professional golf hall of fame pursuant to s. 288.1168 and is
  5  open to the public, $166,667 shall be distributed monthly, for
  6  up to 300 months, to the applicant.
  7         d.  Beginning 30 days after notice by the Office of
  8  Tourism, Trade, and Economic Development to the Department of
  9  Revenue that the applicant has been certified as the
10  International Game Fish Association World Center facility
11  pursuant to s. 288.1169, and the facility is open to the
12  public, $83,333 shall be distributed monthly, for up to 168
13  months, to the applicant. This distribution is subject to
14  reduction pursuant to s. 288.1169.  A lump sum payment of
15  $999,996 shall be made, after certification and before July 1,
16  2000.
17         e.  An amount equal to $5 million shall be transferred
18  each fiscal year to the Florida Entertainment Industry
19  Promotion Trust Fund.
20         8.  All other proceeds shall remain with the General
21  Revenue Fund.
22         Section 5.  Subsection (1) of section 288.1251, Florida
23  Statutes, is amended, and paragraph (c) is added to subsection
24  (2) of that section to read:
25         288.1251  Promotion and development of entertainment
26  industry; Office of Film and Entertainment; creation; purpose;
27  powers and duties.--
28         (1)  CREATION.--
29         (a)  There is hereby created within the Office of
30  Tourism, Trade, and Economic Development the Office of Film
31  and Entertainment for the purpose of developing, marketing,
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  1  promoting, and providing services to the state's entertainment
  2  industry. A principal purpose of the office is to foster
  3  infrastructure, workforce, and capital capacity necessary to
  4  create, locate, grow, and sustain entertainment-industry
  5  businesses in the state.
  6         (b)  The Office of Tourism, Trade, and Economic
  7  Development shall conduct a national search for a qualified
  8  person to fill the position of Commissioner of Film and
  9  Entertainment, and the Executive Director of the Office of
10  Tourism, Trade, and Economic Development shall hire the
11  Commissioner of Film and Entertainment. Guidelines for
12  selection of the Commissioner of Film and Entertainment shall
13  include, but not be limited to, the Commissioner of Film and
14  Entertainment having the following:
15         1.  A working knowledge of the equipment, personnel,
16  financial, and day-to-day production operations of the
17  industries to be served by the office;
18         2.  Marketing and promotion experience related to the
19  industries to be served by the office;
20         3.  Experience working with a variety of individuals
21  representing large and small entertainment-related businesses,
22  industry associations, local community entertainment industry
23  liaisons, and labor organizations; and
24         4.  Experience working with a variety of state and
25  local governmental agencies.
26         (c)  Within the organizational structure of the Office
27  of Film and Entertainment there is created a separate unit
28  focused on the film and motion picture segment of the
29  entertainment industry and a separate unit focused on
30  television production. The Commissioner of Film and
31  Entertainment shall appoint, and serve as the supervisor of, a
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  1  Deputy Commissioner of Film and Entertainment for the film and
  2  motion picture unit and a separate Deputy Commissioner of Film
  3  and Entertainment for the television production unit.
  4         (2)  POWERS AND DUTIES.--
  5         (c)  The Office of Film and Entertainment, subject to
  6  specific legislative appropriation, shall establish field
  7  offices in regions of the state.
  8         1.  The purpose of these field offices is to:
  9         a.  Assist the Office of Film and Entertainment in
10  delivering a consistent marketing and promotion message and a
11  consistent level of services to the entertainment industry.
12         b.  Coordinate with local governmental agencies, local
13  film commission offices, labor organizations, and similar
14  local or regional organizations and entities whose activities
15  affect the entertainment industry.
16         c.  Provide local-level assistance on behalf of the
17  state to out-of-state and indigenous entertainment-industry
18  production entities.
19         d.  Monitor the performance of local film commission
20  offices and, based upon such monitoring, make recommendations
21  through the Commissioner of Film and Entertainment to the
22  Governor, the Legislature, and local governments on how to
23  enhance the effectiveness and coordination of state, regional,
24  and local efforts to develop, market, promote, and provide
25  services to the entertainment industry.
26         2.  The Commissioner of Film and Entertainment may hire
27  staff to operate the field offices, which staff shall report
28  to and be supervised by the commissioner.
29         3.  Before January 1, 2003, the Office of Film and
30  Entertainment shall submit to the Governor and the Legislature
31  a plan for the establishment and operation of field offices
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  1  under this paragraph. The office shall develop the plan in
  2  consultation with the Florida Film and Entertainment Advisory
  3  Council created under s. 288.1252, and the plan, at a minimum,
  4  must:
  5         a.  Identify the regions and specific communities of
  6  the state in which the Office of Film and Entertainment
  7  recommends that field offices be located.
  8         b.  Specify a timeline for the establishment of field
  9  offices.
10         c.  Describe how the field offices will operate,
11  including their personnel structure, and how the Commissioner
12  of Film and Entertainment will supervise the operation of the
13  field offices.
14         d.  Recommend an annual level of funding and staffing
15  necessary to operate field offices, with alternative funding
16  and staffing levels based upon the number and location of such
17  field offices and a timeline for establishment of such field
18  offices.
19         e.  Prescribe performance standards and measurable
20  outcomes for the field offices.
21         Section 6.  Subsection (3) of section 288.1252, Florida
22  Statutes, is amended to read:
23         288.1252  Florida Film and Entertainment Advisory
24  Council; creation; purpose; membership; powers and duties.--
25         (3)  MEMBERSHIP.--
26         (a)  The council shall consist of 17 members, seven to
27  be appointed by the Governor, five to be appointed by the
28  President of the Senate, and five to be appointed by the
29  Speaker of the House of Representatives, with the initial
30  appointments being made no later than August 1, 2002 1999.
31
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  1         (b)  When making appointments to the council, the
  2  Governor, the President of the Senate, and the Speaker of the
  3  House of Representatives shall appoint persons who are
  4  residents of the state and who are highly knowledgeable of,
  5  active in, and recognized leaders in the Florida's motion
  6  picture, television, video, sound recording, or other
  7  entertainment industries. These persons shall include, but not
  8  be limited to, representatives of local film commissions,
  9  representatives of entertainment associations, a
10  representative of the broadcast industry, representatives of
11  labor organizations in the entertainment industry, and board
12  chairs, presidents, chief executive officers, chief operating
13  officers, or persons of comparable executive position or
14  stature of leading or otherwise important entertainment
15  industry businesses and offices. The membership of the council
16  may not include a representative of a local film commission, a
17  representative of a labor organization in the entertainment
18  industry, or an elected public official. Council members shall
19  be appointed in such a manner as to equitably represent the
20  broadest spectrum of the entertainment industry. The Office of
21  Film and Entertainment shall develop and maintain a directory
22  of individuals who have the requisite entertainment-industry
23  expertise and who have a desire to serve on the council. The
24  office shall provide this information to the Governor, the
25  President of the Senate, and the Speaker of the House of
26  Representatives for their consideration in making appointments
27  to the council. and geographic areas of the state.
28         (c)  Council members shall serve for 4-year terms,
29  except that the initial terms for appointments made after July
30  1, 2002, shall be staggered:
31
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  1         1.  The Governor shall appoint one member for a 1-year
  2  term, two members for 2-year terms, two members for 3-year
  3  terms, and two members for 4-year terms.
  4         2.  The President of the Senate shall appoint one
  5  member for a 1-year term, one member for a 2-year term, two
  6  members for 3-year terms, and one member for a 4-year term.
  7         3.  The Speaker of the House of Representatives shall
  8  appoint one member for a 1-year term, one member for a 2-year
  9  term, two members for 3-year terms, and one member for a
10  4-year term.
11         (d)  Subsequent appointments shall be made by the
12  official who appointed the council member whose expired term
13  is to be filled.
14         (e)  The Commissioner of Film and Entertainment, a
15  representative of Enterprise Florida, Inc., a representative
16  of Workforce Florida, Inc., and a representative of the
17  Florida Tourism Industry Marketing Corporation shall serve as
18  ex officio, nonvoting members of the council, and shall be in
19  addition to the 17 appointed members of the council.
20         (f)  Absence from three consecutive meetings shall
21  result in automatic removal from the council.
22         (g)  A vacancy on the council shall be filled for the
23  remainder of the unexpired term by the official who appointed
24  the vacating member.
25         (h)  No more than one member of the council may be an
26  employee of any one company, organization, or association.
27         (i)  Any member shall be eligible for reappointment but
28  may not serve more than two consecutive terms.
29         Section 7.  (1)  The Legislature finds that there are a
30  variety of public and private organizations or entities at the
31  local and regional levels engaged in efforts to develop,
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  1  market, promote, and provide services to the entertainment
  2  industry. Simultaneously, the Legislature recognizes that it
  3  has assigned to the Office of Film and Entertainment within
  4  the Office of Tourism, Trade, and Economic Development powers
  5  and duties to foster the growth of the entertainment industry
  6  throughout the state. The Legislature further finds that in
  7  order to avoid duplication between local and regional efforts
  8  and state efforts and in order to avoid the communication of
  9  conflicting or confusing messages to out-of-state or
10  indigenous entertainment-industry entities regarding the state
11  as a location for conducting business, it is necessary to
12  examine local and regional entertainment-industry-development
13  efforts vis-a-vis comparable efforts by the state.
14         (2)  Before December 1, 2002, the Legislature's Office
15  of Program Policy Analysis and Government Accountability shall
16  submit to the President of the Senate and the Speaker of the
17  House of Representatives an evaluation of the performance of
18  local and regional efforts to develop, market, promote, and
19  provide services to the entertainment industry, with a
20  particular focus on the interrelationship between local and
21  regional efforts and comparable efforts by the state. At the
22  minimum, the evaluation must:
23         (a)  Describe the organizational structures, funding
24  levels, operations, and performance outcomes of local and
25  regional organizations or entities engaged in
26  entertainment-industry development, including, but not limited
27  to, local or regional film commission offices.
28         (b)  Assess the extent to which local and regional
29  entertainment-industry-development efforts are being
30  coordinated with the efforts of the state Office of Film and
31  Entertainment.
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  1         (c)  Provide recommendations regarding the appropriate
  2  roles and functions of local and regional
  3  entertainment-industry-development organizations or entities
  4  vis-a-vis the Office of Film and Entertainment.
  5         (d)  Provide recommendations regarding whether it would
  6  be sound public policy for the state to establish and operate
  7  field offices in regions of the state to assist the Office of
  8  Film and Entertainment in fulfilling its duties under section
  9  288.1251, Florida Statutes, and to enhance the delivery of
10  services to the entertainment industry.
11         Section 8.  Paragraph (f) of subsection (5) and
12  subsection (12) of section 212.08, paragraph (t) of subsection
13  (7) of section 213.053, and section 288.1258, Florida
14  Statutes, are repealed.
15         Section 9.  Notwithstanding section 288.1252, Florida
16  Statutes, the terms of all members of the Florida Film and
17  Entertainment Advisory Council expire on July 1, 2002. It is
18  the intent of the Legislature that the Governor, the President
19  of the Senate, and the Speaker of the House of Representatives
20  make new appointments to the council no later than August 1,
21  2002, as provided in section 288.1252, Florida Statutes, as
22  amended by this act. This act, however, does not prevent an
23  individual who is a member of the council as of June 30, 2002,
24  and who is otherwise eligible under the criteria prescribed in
25  section 288.1252, Florida Statutes, as amended by this act,
26  from being reappointed to the council. Service on the council
27  before July 1, 2002, may not be counted for the purpose of
28  determining whether a member of the council has served more
29  than two consecutive terms under section 288.1252(3)(i),
30  Florida Statutes.
31         Section 10.  Florida Film Finance Act.--
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  1         (1)  SHORT TITLE.--This section may be cited as the
  2  "Florida Film Finance Act."
  3         (2)  PURPOSE.--The primary purpose of this act is to
  4  stimulate a substantial increase in investment capital in this
  5  state toward development of the entertainment industry by
  6  providing an incentive for insurance companies to invest in
  7  the Florida Film Finance Corporation, which, in turn, will
  8  make investments in qualified film projects. The incentive is
  9  a vested credit against premium tax liability and serves as a
10  guarantee of last resort that the insurance company will
11  recover its investment. The increase in investment capital
12  flowing into qualified film projects is intended to contribute
13  to employment growth, create jobs that exceed the average wage
14  for the county in which the jobs are created, and expand or
15  diversify the economic base of this state, including fostering
16  continued growth of the entertainment industry and related
17  business activity. The granting of a credit against premium
18  tax liability as authorized in this section does not
19  constitute a pledge of the credit of the state. Under no
20  circumstance is the credit of the state pledged under this
21  act.
22         (3)  DEFINITIONS.--As used in this section, the term:
23         (a)  "Act" means the "Florida Film Finance Act."
24         (b)  "Affiliate of an insurance company" means:
25         1.  Any person directly or indirectly beneficially
26  owning, whether through rights, options, convertible
27  interests, or otherwise, controlling, or holding power to vote
28  10 percent or more of the outstanding voting securities or
29  other ownership interests of the insurance company;
30         2.  Any person whose 10 percent or more of outstanding
31  voting securities or other ownership interest is directly or
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  1  indirectly beneficially owned, whether through rights,
  2  options, convertible interests, or otherwise, controlled, or
  3  held with power to vote by the insurance company;
  4         3.  Any person directly or indirectly controlling,
  5  controlled by, or under common control with the insurance
  6  company;
  7         4.  A partnership in which the insurance company is a
  8  general partner; or
  9         5.  Any person who is a principal, director, employee,
10  or agent of the insurance company or an immediate family
11  member of the principal, director, employee, or agent.
12         (c)  "Applicant" means a film-production company that
13  is organized under the laws of this state, is headquartered in
14  this state, has its principal business operations in this
15  state, and is seeking a qualified investment from the Florida
16  Film Finance Corporation.
17         (d)  "Certified capital" means an investment of cash by
18  a certified investor in the Florida Film Finance Corporation
19  which fully funds the purchase price of either or both its
20  equity interest in the corporation or a qualified debt
21  instrument issued by the corporation.
22         (e)  "Certified investor" means any insurance company
23  subject to premium tax liability under section 624.509,
24  Florida Statutes, that contributes certified capital.
25         (f)  "Corporation" means the Florida Film Finance
26  Corporation.
27         (g)  "Department" means the Department of Banking and
28  Finance.
29         (h)  "Director" means the director of the Office of
30  Tourism, Trade, and Economic Development.
31
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  1         (i)  "Office" means the Office of Tourism, Trade, and
  2  Economic Development.
  3         (j)  "Premium tax liability" means any liability
  4  incurred by an insurance company under the provisions of
  5  section 624.509, Florida Statutes.
  6         (k)  "Principal" means an executive officer of a
  7  corporation, partner of a partnership, manager of a limited
  8  liability company, or any other person with equivalent
  9  executive functions.
10         (l)  "Qualified distribution" means any distribution or
11  payment to equity holders of the corporation for:
12         1.  Costs and expenses of forming, syndicating,
13  managing, and operating the corporation, including an annual
14  management fee in an amount that does not exceed 2.5 percent
15  of the certified capital of the corporation, plus reasonable
16  and necessary fees related to the operation of the corporation
17  in accordance with industry custom for professional services,
18  including, but not limited to, legal and accounting services.
19         2.  Any projected increase in federal or state taxes,
20  including penalties and interest related to state and federal
21  income taxes, of the equity owners of the corporation
22  resulting from the earnings or other tax liability of the
23  corporation to the extent that the increase is related to the
24  ownership, management, or operation of the corporation.
25         (m)  "Qualified film project" means a film project that
26  has been approved by the Florida Film Finance Corporation to
27  receive funding under the provisions of this section.
28         (n)  "Qualified investment" means the investment of
29  cash by the Florida Film Finance Corporation in a qualified
30  film project.
31
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  1         (4)  FLORIDA FILM FINANCE CORPORATION; CREATION;
  2  PURPOSE; MEMBERSHIP; POWERS.--
  3         (a)  There is created a not-for-profit corporation, to
  4  be known as the "Florida Film Finance Corporation," which is
  5  registered, incorporated, organized, and operated in
  6  compliance with chapter 617, Florida Statutes, and which is
  7  not a unit or entity of state government.  The Legislature
  8  determines, however, that public policy declares that the
  9  corporation operate in the most open and accessible manner
10  consistent with its public purpose.  To this end, the
11  Legislature specifically declares that the Florida Film
12  Finance Corporation is subject to provisions of chapter 119,
13  Florida Statutes, relating to public records and those
14  provisions of chapter 286, Florida Statues, relating to public
15  meetings and records, unless specifically provided otherwise
16  by an exemption to the public records or public meetings laws
17  of this state.
18         (b)  The purposes of the corporation include, but are
19  not limited to:
20         1.  Promoting the act, in cooperation with the Office
21  of Film and Entertainment, to certified investors and to
22  film-production companies.
23         2.  Receiving contributions of certified capital from
24  certified investors and executing contracts with certified
25  investors governing the terms and conditions of the
26  contributions.
27         3.  Receiving, reviewing, and approving applications
28  for funding of qualified film projects from film-production
29  companies.
30
31
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  1         4.  Executing contracts with applicants relating to
  2  qualified film projects that are approved for funding, which
  3  contracts govern the terms and conditions of the funding.
  4         (c)  The Florida Film Finance Corporation shall be
  5  governed by a board of directors, which consists of nine
  6  members, five of whom the Governor shall appoint, two of whom
  7  the President of the Senate shall appoint, and two of whom the
  8  Speaker of the House of Representatives shall appoint.
  9         1.  Each member of the board of directors must be
10  experienced in film production, and at least six of the
11  members must be experienced in film-production financing or
12  film distribution.
13         2.  In order to assure that the board of directors has
14  the requisite film experience, all members need not be
15  residents of this state; however, at least four members must
16  reside in this state. The Office of Film and Entertainment
17  shall develop and maintain a directory of individuals who have
18  the requisite entertainment-industry expertise and who have a
19  desire to serve on the board of directors of the corporation.
20  The office shall provide this information to the Governor, the
21  President of the Senate, and the Speaker of the House of
22  Representatives for their consideration in making appointments
23  to the board of directors.
24         3.  Members shall serve terms of 4 years, except that
25  the initial terms shall be staggered:
26         a.  The Governor shall appoint one member for a 1-year
27  term, one member for a 2-year term, one member for a 3-year
28  term, and two members for a 4-year term.
29         b.  The President of the Senate shall appoint one
30  member for a 3-year term and one member for a 4-year term.
31
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  1         c.  The Speaker of the House of Representatives shall
  2  appoint one member for a 3-year term and one member for a
  3  4-year term.
  4         4.  Absence from three consecutive meetings will result
  5  in automatic removal from the board of directors.
  6         5.  Except as provided in subparagraph 7., a member of
  7  the Florida Film and Entertainment Advisory Council created
  8  under section 288.1252, Florida Statutes, may not be appointed
  9  a member of the board of directors of the Florida Film Finance
10  Corporation. A member of the board of directors of the
11  corporation may not serve on the advisory council.
12         6.  Subsequent appointments shall be made by the
13  official who appointed the board member whose term is to be
14  filled.  Any person appointed to fill a vacancy on the board
15  shall be appointed in a like manner as the initial appointment
16  and shall serve for only the unexpired term.  Any member is
17  eligible for reappointment.
18         7.  The director of the Office of Tourism, Trade, and
19  Economic Development, or the director's designee, and the
20  Commissioner of Film and Entertainment shall serve as
21  ex-officio, nonvoting members of the board of directors and
22  are in addition to the nine appointed members of the council.
23         8.  Members of the board of directors shall serve
24  without compensation but are entitled to reimbursement for per
25  diem and travel expenses in accordance with section 112.061,
26  Florida Statutes, while in the performance of their duties.
27         9.  The Governor shall appoint the chairperson of the
28  board of directors, who shall be a member of the board of
29  directors.  The members of the board of directors shall elect
30  annually one of the members to serve as vice chairperson.
31
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  1         10.  A majority of the members of the board of
  2  directors constitute a quorum.
  3         (d)  The Office of Tourism, Trade, and Economic
  4  Development, in consultation with the department, shall enter
  5  into and oversee a contract with the corporation governing the
  6  corporation's administration of the act.  The Office of Film
  7  and Entertainment shall provide staff assistance to the
  8  corporation, which includes, but is not limited to, keeping
  9  records of the proceedings of the board of directors and
10  serving as custodian of all books, documents, and papers filed
11  with the board of directors.
12         (e)  The board of directors has all the powers
13  necessary or convenient to carry out and effectuate the
14  purposes and provisions of this section, including, but not
15  limited to, the power to:
16         1.  Adopt, amend, and repeal bylaws, not inconsistent
17  with the powers granted to it or the articles of
18  incorporation, for the administration of the affairs of the
19  corporation and the exercise of its corporate powers.
20         2.  Adopt, use, and alter a common corporate seal.
21         3.  Make and execute contracts and other instruments
22  necessary or convenient for the exercise of its power and
23  function.
24         4.  Enter into agreements or other transactions with a
25  certified investor.
26         5.  Acquire, hold, and dispose of personal property for
27  its corporate and investment purposes.
28         6.  Solicit, request, and receive money, property,
29  labor, or other things of value from any public or private
30  sector source to be used and applied consistent with the
31  purposes of this act.
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  1         7.  Expend or invest funds held in trust or otherwise
  2  consistent with the purposes of this act.
  3         8.  Procure insurance or require bond against any loss
  4  in connection with its property in such amounts and from such
  5  insurers as may be necessary or desirable.
  6         9.  Create, issue, hold, buy and sell, and invest in
  7  stock, partnerships, limited partnerships, evidences of
  8  indebtedness, and other equity or capital participation
  9  instruments in furtherance of the purposes contained in this
10  section and to underwrite the creation of a capital market for
11  these securities in a manner designed to enhance development
12  of film production in this state.
13         10.  Invest any funds not required for immediate
14  disbursements in such investments as may be authorized under
15  this act.
16         11.  Appear on its own behalf before boards,
17  commissions, departments, or other agencies of municipal,
18  county, state, or Federal Government.
19         12.  Receive and accept from any federal, state, or
20  local agency grants, loans, or advances for or in aid of the
21  purposes of this act, and to receive and accept contributions
22  from any source of either money, property, labor, or other
23  things of value to be held, used, and applied for those
24  purposes.
25         13.  Do any and all things necessary or convenient to
26  carry out the purposes of and exercise the powers given and
27  granted in this act.
28         (5)  PREMIUM TAX CREDIT; AMOUNT; LIMITATIONS.--
29         (a)  Any certified investor who makes an investment of
30  certified capital in the Florida Film Finance Corporation
31  shall earn a vested credit against premium tax liability equal
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  1  to the percentage of the certified capital invested by the
  2  certified investor which serves as the basis for the credit
  3  and which has not been reimbursed through disbursements from
  4  the corporation. The tax credit may not exceed an amount equal
  5  to 100 percent of the certified capital invested by the
  6  certified investor. Certified investors are entitled to use no
  7  more than 10 percentage points of the vested premium tax
  8  credit per year, including any carryforward credits under this
  9  act, beginning with premium tax filings for the fourth
10  calendar year after the date the certified investor makes the
11  investment of certified capital, as provided in subsection
12  (6).  Any premium tax credits not used by certified investors
13  in any single year may be carried forward and applied against
14  the premium tax liabilities of those investors for subsequent
15  calendar years.  The carryforward credit may be applied
16  against subsequent premium tax filings through calendar year
17  2020.
18         (b)  Beginning with the fourth year after the date of
19  its investment of certified capital in the Florida Film
20  Finance Corporation, a certified investor may claim the credit
21  against premium tax liability based on that investment of
22  certified capital, consistent with the provisions of paragraph
23  (a). The total amount of the credit available to the certified
24  investor is equal to the amount of the specific investment of
25  certified capital that has not been returned to the certified
26  investor through distributions from the Florida Film Finance
27  Corporation under subsection (9).
28         (c)  The credit to be applied against premium tax
29  liability in any single year may not exceed the premium tax
30  liability of the certified investor for that taxable year.
31
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  1         (d)  A certified investor claiming a credit against
  2  premium tax liability earned through an investment in the
  3  Florida Film Finance Corporation is not required to pay any
  4  additional retaliatory tax levied pursuant to section
  5  624.5091, Florida Statutes, as a result of claiming the
  6  credit. Because credits under this section are available to a
  7  certified investor, section 624.5091, Florida Statutes, does
  8  not limit the credit in any manner.
  9         (e)  The amount of tax credits vested under the Florida
10  Film Finance Act may not be considered in ratemaking
11  proceedings involving a certified investor.
12         (6)  ANNUAL TAX CREDIT; MAXIMUM AMOUNT; ALLOCATION
13  PROCESS.--
14         (a)  The total amount of vested credits against premium
15  tax liability which may be allocated to the Florida Film
16  Finance Corporation for use by certified investors may not
17  exceed $100 million per year.  The total amount of tax credits
18  that may be claimed by certified investors under this act may
19  not exceed $10 million annually.
20         (b)  The Florida Film Finance Corporation must apply to
21  the office for an allocation of premium tax credits for
22  potential certified investors by October 1 of each year, on a
23  form developed by the office in consultation with the
24  department and the Department of Revenue.  The form must be
25  accompanied by an affidavit from each potential certified
26  investor confirming that the potential certified investor has
27  agreed to make an investment of certified capital in the
28  corporation up to a specified amount, subject only to the
29  receipt of a vested premium tax credit under this subsection.
30         (c)  If the corporation does not receive certified
31  capital equaling the amount of premium tax credits allocated
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  1  to a potential certified investor for which the investor filed
  2  an affidavit under paragraph (b) within 10 business days after
  3  the certified investor received a notice from the corporation
  4  of the allocation, the corporation shall notify the office by
  5  overnight common carrier delivery service of the corporation's
  6  failure to receive the capital. That portion of the premium
  7  tax credits allocated to the corporation are forfeited.
  8         (d)  The maximum amount of certified capital for which
  9  premium tax allocation claims may be filed on behalf of any
10  certified investor and its affiliates by the corporation may
11  not exceed $10 million.
12         (e)  To the extent that less than $100 million in
13  certified capital is raised in connection with the procedure
14  set forth in this subsection for a given year, the department
15  may adopt rules to allow a subsequent allocation of the
16  remaining premium tax credits authorized under this section
17  for that year.
18         (f)  On an annual basis, on or before December 31, the
19  corporation shall file with the department and the office, in
20  consultation with the department, on a form prescribed by the
21  office, for each calendar year:
22         1.  The total dollar amount the certified capital
23  company received from certified investors, the identity of the
24  certified investors, and the amount received from each
25  certified investor during the calendar year.
26         2.  The total dollar amount the corporation invested
27  and the amount invested in qualified film projects, together
28  with the identity and location of the applicants and the
29  amount invested in each qualified film project.
30         3.  For informational purposes only, the total number
31  of permanent, full-time jobs either created or retained
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  1  through the qualified film project during the calendar year,
  2  the average wage of the jobs created or retained, and any
  3  additional capital invested in qualified film projects from
  4  sources other than the corporation.
  5         (g)  The form shall be verified by one or more
  6  principals of the corporation in accordance with sections
  7  92.525(1)(b) and 92.525(3), Florida Statutes.
  8         (h)  The office shall review the form and any
  9  supplemental documentation submitted by the corporation for
10  the purpose of verifying:
11         1.  That the film projects in which certified capital
12  has been invested by the corporation are in fact qualified
13  film projects and that the amount of certified capital
14  invested by the corporation is as represented in the form.
15         2.  The amount of certified capital invested in the
16  corporation by the certified investors.
17         3.  The amount of premium tax credit available to
18  certified investors.
19         (i)  The Department of Revenue may audit and examine
20  the accounts, books, or records of the corporation and
21  certified investors for the purpose of ascertaining the
22  correctness of any report and financial return that has been
23  filed.
24         (7)  APPLICATION FOR INVESTMENT CAPITAL; APPROVAL.--
25         (a)  The Florida Film Finance Corporation may accept
26  applications for funding of, and under this section approve
27  the investment of funds in, qualified film productions.
28         (b)  The corporation shall issue guidelines and forms
29  governing the application process.
30
31
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  1         (c)  In order for a film project to be eligible for
  2  funding under this section, an applicant initially must
  3  demonstrate to the satisfaction of the corporation that:
  4         1.  The applicant is headquartered in this state and
  5  its principal business operations are located in this state.
  6         2.  The applicant is unable to obtain conventional
  7  financing, which means that the business has failed in an
  8  attempt to obtain funding for a loan from a bank or other
  9  commercial lender or that the business cannot reasonably be
10  expected to qualify for financing under the standards of
11  commercial lending.
12         3.  The primary producer or the secondary producer of
13  the film project is a resident of this state.
14         4.  The primary production accounts for the film
15  project are maintained in a financial institution located in
16  this state.
17         5.  The film project is the basis for a domestic
18  distribution agreement with a company that meets professional
19  standards for the entertainment industry which are acceptable
20  to the corporation.
21         6.  The applicant has a commitment for exhibition of
22  the film.
23         7.  At least 70 percent of the filming will occur in
24  this state, unless the applicant demonstrates to the
25  corporation that the applicant cannot satisfy this requirement
26  because of the particular subject matter and location needs of
27  the film.
28         8.  At least 70 percent of the post-production work of
29  the film project will be conducted in this state.
30         (d)  Drawing on the expertise and experience of the
31  members of the board of directors, the corporation shall adopt
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  1  evaluation criteria and scoring guidelines to be used in
  2  reviewing applications that satisfy the requirements of
  3  paragraph (c). The criteria and guidelines, at a minimum,
  4  must:
  5         1.  Utilize a point system that requires each
  6  application to score a minimum number of points and that
  7  awards points to a film project if:
  8         a.  The director is a resident of the state.
  9         b.  The principal writer is a resident of the state.
10         c.  The lead actor is a resident of the state.
11         d.  A secondary or supporting actor is a resident of
12  the state.
13         e.  The director of photography is a resident of the
14  state.
15         f.  The first assistant director is a resident of the
16  state.
17         g.  The production manager or line producer is a
18  resident of the state.
19         h.  The insurance company insuring the film project is
20  based in this state.
21         i.  The completion bond company for the film project is
22  based in this state.
23         j.  The production company has been located in this
24  state for a period longer than 1 year at the time the
25  application is submitted.
26         k.  The content of the film is expected to result in a
27  rating from the Motion Picture Association of America no
28  higher than PG-13, and the applicant agrees in writing to
29  re-edit the film if it is assigned a higher rating, in order
30  to secure a rating no higher than PG-13.
31
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  1         2.  Provide that, under the point system, the
  2  conditions specified in sub-subparagraphs 1.a.-d. shall result
  3  in the highest number of points; the conditions specified in
  4  sub-subparagraphs 1.e.-i. result in the second highest number
  5  of points; and the conditions specified in sub-subparagraphs
  6  1.j. and k. result in the lowest number of points.
  7         (e)  The corporation may invest a dollar amount up to
  8  40 percent of the production budget of a qualified film
  9  project. The investment may not exceed $5 million per
10  qualified film project.
11         (f)  Before the release of funds under this section,
12  the corporation and the applicant shall enter into an
13  agreement as provided in subsection (8).
14         (8)  INVESTMENT CAPITAL AGREEMENT.--
15         (a)  An applicant for whom a qualified film project is
16  approved for funding under this section must enter into a
17  written agreement with the Florida Film Finance Corporation
18  which, at a minimum, specifies that the corporation has a
19  right to have its qualified investment returned to it in full
20  by the qualified film project immediately after satisfaction
21  of project obligations related to the exhibition of the film,
22  the portion of the project budget commonly known as print and
23  advertisement, and fees for domestic distribution of the film.
24  Investments returned to the corporation by the qualified film
25  project shall be retained and segregated by the corporation
26  for distribution to certified investors as provided under
27  subsection (9). Any funds remaining after qualified investors
28  have been repaid may be used by the corporation to support
29  additional applications for funding under this section.
30         (b)  As part of the agreement under this subsection,
31  the applicant must commit that, distinct from reimbursement of
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  1  the initial qualified investment as required under paragraph
  2  (a), 40 percent of any profit from the qualified film project
  3  shall be allocated to the corporation, for equal division
  4  between the corporation and certified investors as provided
  5  under subsection (9).
  6         (9)  DISTRIBUTIONS TO CERTIFIED INVESTORS.--
  7         (a)  The Florida Film Finance Corporation shall enter
  8  into a standard agreement with each certified investor that
  9  makes a contribution to the corporation governing the terms
10  and conditions of distributions to the certified investor
11  under this section. The agreement must provide for
12  distributions necessary to reimburse the certified investor
13  for its initial investment, as well as for the potential
14  distribution of profits allocated to the corporation and its
15  certified investors from qualified film projects in which the
16  corporation invests.
17         (b)  The corporation may make qualified distributions
18  at any time. In order to make a distribution to its equity
19  holders, other than a qualified distribution, the corporation
20  must have invested an amount cumulatively equal to 100 percent
21  of its certified capital in qualified investments. Payments to
22  debt holders of the corporation, however, may be made without
23  restriction with respect to repayments of principal and
24  interest on indebtedness owed to them by the corporation,
25  including indebtedness of the corporation on which certified
26  investors earned premium tax credits. A debt holder that is
27  also a certified investor or equity holder of the corporation
28  may receive payments with respect to the debt without
29  restrictions.
30         (c)  Cumulative distributions from the corporation to
31  its certified investors and equity holders, other than
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  1  qualified distributions, in excess of the corporation's
  2  original certified capital and any additional capital
  3  contributions to the corporation may be audited by a
  4  nationally recognized certified public accounting firm
  5  acceptable to the department, at the expense of the
  6  corporation, if the department directs the audit be conducted.
  7  The audit must determine whether aggregate cumulative
  8  distributions from the corporation to all certified investors
  9  and equity holders, other than qualified distributions, have
10  equaled the sum of the corporation's original certified
11  capital and any additional capital contributions to the
12  corporation. If at the time of any distribution made by the
13  corporation, the distribution taken together with all other
14  distributions made by the corporation, other than qualified
15  distributions, exceeds in the aggregate the sum of the
16  corporation's original certified capital and any additional
17  capital contributions to the corporation, as determined by the
18  audit, the corporation shall pay to the Department of Revenue
19  10 percent of the portion of the distribution in excess of
20  that amount. Payments to the Department of Revenue by a
21  corporation under this paragraph may not exceed the aggregate
22  amount of tax credits used by all certified investors in the
23  corporation.
24         (10)  ANNUAL REPORT.--Before December 1 of each year,
25  the board of directors of the Florida Film Finance Corporation
26  shall submit to the Governor, the President of the Senate, and
27  the Speaker of the House of Representatives a complete and
28  detailed report setting forth:
29         (a)  The operations and accomplishments of the
30  corporation during the most recent fiscal year.
31
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  1         (b)  The total dollar amount from all certified
  2  investors and any other investor, the identity of the
  3  certified investors, and the total amount of premium tax
  4  credit used by each certified investor for the most recent
  5  fiscal year.
  6         (c)  The total dollar amount invested by the
  7  corporation and that portion invested in qualified businesses,
  8  the identity and location of those businesses, the amount
  9  invested in each qualified business, and the total number of
10  permanent, full-time jobs created or retained by each
11  qualified business.
12         (d)  The number of qualified film productions in which
13  the corporation invested during the most recent fiscal year.
14         (e)  The dollar value of production expended in the
15  state during the most recent fiscal year by qualified film
16  projects supported with an investment from the corporation.
17         (f)  The return for the state as a result of
18  investments by the corporation, including the extent to which:
19         1.  Investments have contributed to employment growth.
20         2.  The wage level of qualified film projects in which
21  the corporation has invested exceed the average wage for the
22  county in which the jobs are located.
23         3.  The investments of the corporation have contributed
24  to expanding or diversifying the economic base of the state
25  and have contributed to the development of the entertainment
26  industry in particular.
27         (g)  The assets and liabilities of the corporation at
28  the end of the most recent fiscal year.
29         (h)  The receipts and expenditures of the corporation
30  during the most recent fiscal year in accordance with the
31  categories or classifications established by the board of
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  1  directors of the corporation for the corporation's operating
  2  and capital accounts.
  3         (11)  TRANSFERABILITY--The claim of a transferee of a
  4  certified investor's unused premium tax credit is permitted in
  5  the same manner and subject to the same provisions and
  6  limitations of this act as the original certified investor.
  7  The term "transferee" means any person who:
  8         (a)  Through the voluntary sale, assignment, or other
  9  transfer of the business or control of the business of the
10  certified investor, including the sale or other transfer of
11  stock or assets by merger, consolidation, or dissolution,
12  succeeds to all or substantially all of the business and
13  property of the certified investor;
14         (b)  Becomes by operation of law or otherwise the
15  parent company of the certified investor;
16         (c)  Directly or indirectly owns, whether through
17  rights, options, convertible interests, or otherwise,
18  controls, or holds power to vote 10 percent or more of the
19  outstanding voting securities or other ownership interest of
20  the certified investor;
21         (d)  Is a subsidiary of the certified investor or 10
22  percent or more of whose outstanding voting securities or
23  other ownership interests are directly or indirectly owned,
24  whether through rights, options, convertible interests, or
25  otherwise, by the certified investor; or
26         (e)  Directly or indirectly controls, is controlled by,
27  or is under the common control with the certified investor.
28         (12)  RULEMAKING AUTHORITY.--
29         (a)  The Department of Revenue may by rule prescribe
30  forms and procedures for the tax credit filings, audits, and
31  forfeiture of premium tax credits described in this section.
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  1         (b)  The office may adopt any rules necessary to carry
  2  out its duties, obligations, and powers related to the
  3  administration, review, and reporting provisions of this
  4  section and may perform any other acts necessary for the
  5  proper administration and enforcement of those duties,
  6  obligations, and powers.
  7         (13)  EXPIRATION.--This section expires June 30, 2007,
  8  unless reenacted after review by the Legislature before that
  9  date.
10         Section 11.  This act shall take effect July 1, 2002.
11
12            *****************************************
13                          SENATE SUMMARY
14    Eliminates several tax exemptions for motion picture,
      video, television, and sound recording productions within
15    the entertainment industry. Provides for a specified
      amount of taxes to be transferred to the Florida
16    Entertainment Industry Promotion Trust Fund. Revises the
      purposes of the Office of Film and Entertainment. Revises
17    the membership, terms of office, and qualifications of
      the Florida Film and Entertainment Advisory Council.
18    Requires an evaluation report from OPPAGA regarding the
      performance of local and regional efforts to promote the
19    entertainment industry. Creates the Florida Film Finance
      Act to stimulate investment in the entertainment industry
20    by providing an incentive for insurance companies to
      invest in the Florida Film Finance Corporation. Provides
21    for a credit against premium tax liability. Authorizes
      rulemaking by specified agencies. Provides for an
22    expiration date and legislative review. (See bill for
      details.)
23
24
25
26
27
28
29
30
31
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