Senate Bill sb2216

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

                                  1

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  2

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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:

                                  3

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  4

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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:

                                  5

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  6

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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,

                                  7

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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.

                                  8

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  9

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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,

                                  10

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  11

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  12

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  13

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  14

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  15

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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,

                                  16

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  17

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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,

                                  18

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  19

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  20

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  21

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  22

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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,

                                  23

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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.

                                  24

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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.--

                                  25

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  26

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  27

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  28

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  29

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  30

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  31

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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.

                                  32

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  33

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  34

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  35

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  36

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  37

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  38

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  39

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  40

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  41

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  42

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  43

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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.

                                  44

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






    Florida Senate - 2002                                  SB 2216
    33-355-02




  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

                                  45

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