Senate Bill sb1372c1

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    Florida Senate - 2005                           CS for SB 1372

    By the Committee on Commerce and Consumer Services; and
    Senator Saunders




    577-1790-05

  1                      A bill to be entitled

  2         An act relating to economic development;

  3         amending s. 288.125, F.S.; changing the term

  4         "television series" to "television programming"

  5         for purposes of the definition of the term

  6         "entertainment industry" in provisions

  7         establishing the Office of Film and

  8         Entertainment within the Office of Tourism,

  9         Trade, and Economic Development; amending s.

10         288.1254, F.S.; revising a program under which

11         certain persons producing, or providing

12         services for the production of, filmed

13         entertainment are eligible for state financial

14         incentives for activities in or relocated to

15         this state; revising definitions; revising

16         application procedures and requirements;

17         revising application approval provisions;

18         revising reimbursement eligibility criteria and

19         requirements; revising limits on reimbursement;

20         revising the due date for the annual report to

21         be submitted to the Governor and the

22         Legislature; providing an effective date.

23  

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

25  

26         Section 1.  Section 288.125, Florida Statutes, is

27  amended to read:

28         288.125  Definition of "entertainment industry".--For

29  the purposes of ss. 288.1251-288.1258, the term "entertainment

30  industry" means those persons or entities engaged in the

31  operation of motion picture or television studios or recording

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    Florida Senate - 2005                           CS for SB 1372
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 1  studios; those persons or entities engaged in the

 2  preproduction, production, or postproduction of motion

 3  pictures, made-for-television movies made-for-TV motion

 4  pictures, television programming series, commercial

 5  advertising, music videos, or sound recordings; and those

 6  persons or entities providing products or services directly

 7  related to the preproduction, production, or postproduction of

 8  motion pictures, made-for-television movies

 9  made-for-TV  motion pictures, television programming series,

10  commercial advertising, music videos, or sound recordings,

11  including, but not limited to, the broadcast industry.

12         Section 2.  Subsections (1), (2), (3), (4), and (7) of

13  section 288.1254, Florida Statutes, are amended to read:

14         288.1254  Entertainment industry financial incentive

15  program; creation; purpose; definitions; application

16  procedure; approval process; reimbursement eligibility;

17  submission of required documentation; recommendations for

18  payment; policies and procedures; fraudulent claims.--

19         (1)  CREATION AND PURPOSE OF PROGRAM.--Subject to

20  specific appropriation, there is created within the Office of

21  Film and Entertainment an entertainment industry financial

22  incentive program. The purpose of this program is to encourage

23  the use of this state as a site for filming, and for providing

24  production services for filmed entertainment, motion pictures,

25  made-for-television movies, commercials, music videos,

26  industrial and educational films, and television programs by

27  the entertainment industry.

28         (2)  DEFINITIONS.--As used in this section, the term:

29         (a)  "Filmed entertainment" means a theatrical or

30  direct-to-video motion picture, a made-for-television motion

31  picture teleproduction, a commercial, a music video, an

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    Florida Senate - 2005                           CS for SB 1372
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 1  industrial or educational film, a promotional video or film, a

 2  documentary film, a television pilot, a presentation for a

 3  television pilot, a television series, including, but not

 4  limited to, a drama, a reality, a comedy, a soap opera, a

 5  telenovella, a game show, and a miniseries production, or a

 6  digital-media-effects production by the entertainment industry

 7  to be sold or displayed in an electronic medium. As used in

 8  this paragraph, the term "motion picture" means a motion

 9  picture made on or by film, tape, or otherwise and produced by

10  means of a motion picture camera, electronic camera or device,

11  tape device, any combination of the foregoing, or any other

12  means, method, or device now used or which may hereafter be

13  adopted. As used in this paragraph, the term

14  "digital-media-effects" means visual elements created through

15  the modification of already existing or newly created visual

16  elements for film, video, or animated media through the use of

17  digital 2D/3D animation or painting, motion capture, or

18  compositing technologies. For purposes of this section, the

19  term "filmed entertainment" does not include the electronic

20  gaming industry or sporting events.

21         (b)  "Production costs" means the costs of real,

22  tangible, and intangible property used and services performed

23  in the production, including preproduction and postproduction,

24  of qualified filmed entertainment. Production costs generally

25  include, but are not limited to:

26         1.  Wages, salaries, or other compensation for

27  technical and production crews, directors, producers, and

28  performers who are residents of this state.

29         2.  Expenditures for sound stages, backlots, production

30  editing, digital effects, sound recordings, sets, and set

31  construction.

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 1         3.  Expenditures for rental equipment, including, but

 2  not limited to, cameras and grip or electrical equipment.

 3         4.  Expenditures for meals, travel, accommodations, and

 4  goods used in producing filmed entertainment that is located

 5  and doing business in this state total cost of producing

 6  filmed entertainment.

 7         (c)  "Qualified expenditures" means production costs

 8  for goods purchased or leased or services purchased, leased,

 9  or employed from a resident of this state or a vendor or

10  supplier who is located and doing business in this state, but

11  excluding wages, salaries, or other compensation paid to the

12  two highest-paid employees.

13         (d)  "Qualified production" means filmed entertainment

14  that makes expenditures in this state for the total or partial

15  production of filmed entertainment a motion picture,

16  made-for-television movie with a running time of 90 minutes or

17  more, commercial, music video, industrial and educational

18  film, television series pilot, or television episode.

19  Productions that are deemed by the Office of Film and

20  Entertainment to contain obscene content, as defined by the

21  United States Supreme Court, are shall not be considered

22  qualified productions. Also, a production is not a qualified

23  production if it is determined that the first day of principal

24  photography in this state occurred on or before the date of

25  submitting its application to the Office of Film and

26  Entertainment prior to certification by the Office of Tourism,

27  Trade, and Economic Development.

28         (e)  "Qualified relocation project" means a

29  corporation, limited liability company, partnership, corporate

30  headquarters, or other private entity that is domiciled in

31  another state or country and relocates its operations to this

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    Florida Senate - 2005                           CS for SB 1372
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 1  state, is organized under the laws of this or any other state

 2  or country, and includes as one of its primary purposes

 3  digital-media-effects or motion picture and television

 4  production, or postproduction.

 5         (3)  APPLICATION PROCEDURE; APPROVAL PROCESS.--

 6         (a)  Any company engaged in this state in producing

 7  filmed entertainment may submit an application to the Office

 8  of Film and Entertainment for the purpose of determining

 9  qualification for receipt of reimbursement provided in this

10  section. The office must be provided information required to

11  determine if the production is a qualified production and to

12  determine the qualified expenditures, production costs, and

13  other information necessary for the office to determine both

14  eligibility for and level of reimbursement.

15         (b)  A digital-media-effects company in the state which

16  furnishes digital material to filmed entertainment a qualified

17  production that is certified by the Office of Film and

18  Entertainment may submit an application to the Office of Film

19  and Entertainment for the purpose of determining qualification

20  for receipt of reimbursement authorized by this section. The

21  office must be provided information required to determine if

22  the company is qualified and to determine the amount of

23  reimbursement.

24         (c)  Any corporation, limited liability company,

25  partnership, corporate headquarters, or other private entity

26  domiciled in another state which includes as one of its

27  primary purposes digital-media-effects or motion picture and

28  television production and which is considering relocation to

29  this state may submit an application to the Office of Film and

30  Entertainment for the purpose of determining qualification for

31  reimbursement under this section.

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    Florida Senate - 2005                           CS for SB 1372
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 1         (d)1.  The Office of Film and Entertainment shall

 2  establish a process by which an application is accepted and

 3  reviewed and reimbursement eligibility and reimbursement

 4  amount are determined. The Office of Film and Entertainment

 5  may request assistance from a duly appointed local film

 6  commission in determining qualifications for reimbursement and

 7  compliance.

 8         2.  The Office of Film and Entertainment shall develop

 9  a standardized application form for use in approving a

10  qualified production, a qualified relocation project, or a

11  company qualifying under paragraph (a), paragraph (b), or

12  paragraph (c). The application form must include, but need not

13  be limited to, production-related information on employment,

14  proposed total production budgets, planned expenditures in

15  this state which are intended for use exclusively as an

16  integral part of preproduction, production, or postproduction

17  activities engaged primarily in this state, and a signed

18  affirmation from the Office of Film and Entertainment that the

19  information on the application form has been verified and is

20  correct. The application form shall be distributed to

21  applicants by the Office of Film and Entertainment or local

22  film commissions.

23         3.  The Office of Film and Entertainment must complete

24  its review of each application within 5 days after receipt of

25  the completed application, including all required information,

26  and it must notify the applicant of its determination within

27  10 business days after receipt of the completed application

28  and required information.

29         4.2.  Upon determination that all criteria are met for

30  qualification for reimbursement, the Office of Film and

31  Entertainment shall notify the applicant of such approval. The

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    Florida Senate - 2005                           CS for SB 1372
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 1  office shall also notify the Office of Tourism, Trade, and

 2  Economic Development of the applicant approval and amount of

 3  reimbursement required. The Office of Tourism, Trade, and

 4  Economic Development shall make final determination for actual

 5  reimbursement.

 6         5.3.  The Office of Film and Entertainment shall deny

 7  an application if it determines that:

 8         a.  The application is not complete or does not meet

 9  the requirements of this section; or

10         b.  The reimbursement sought does not meet the

11  requirements of this section for such reimbursement.

12         (e)  The Office of Film and Entertainment shall develop

13  a standardized application form for use in approving a

14  qualified production, a qualified relocation project, or a

15  company qualifying under paragraph (b). The application form

16  must include, but is not limited to, production-related

17  information on employment, proposed total production budgets,

18  planned expenditures in this state which are intended for use

19  exclusively as an integral part of preproduction, production,

20  or postproduction activities engaged in primarily in this

21  state, and a signed affirmation from the Office of Film and

22  Entertainment that the information on the application form has

23  been verified and is correct. The application form shall be

24  distributed to applicants by the Office of Film and

25  Entertainment or local film commissions.

26         (f)  The Office of Film and Entertainment must complete

27  its review of each application within 5 days after receipt of

28  the completed application, including all required information,

29  and it must notify the applicant of its determination within

30  10 business days after receipt of the completed application

31  and required information.

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    Florida Senate - 2005                           CS for SB 1372
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 1         (4)  REIMBURSEMENT ELIGIBILITY; SUBMISSION OF REQUIRED

 2  DOCUMENTATION; RECOMMENDATIONS FOR PAYMENT.--

 3         (a)  A qualified production that is qualified certified

 4  by the Office of Film and Entertainment and is certified by

 5  the Office of Tourism, Trade, and Economic Development is

 6  eligible for the following financial incentives from the

 7  state:

 8         1.  a reimbursement of up to 15 percent of its

 9  qualifying expenditures in this state on a filmed

10  entertainment program that motion picture, made-for-television

11  movie with a running time of 90 minutes or more, commercial,

12  music video, industrial film, educational film, television

13  series pilot, or television episode that demonstrates a

14  minimum of $850,000 in total qualified expenditures for the

15  entire run of the project, versus the budget on a single

16  episode, within the fiscal year from July 1 to June 30.

17  However, the maximum reimbursement that may be made with

18  respect to any filmed entertainment program a motion picture

19  is $2 million, the maximum reimbursement that may be made with

20  respect to a made-for-television movie or television series

21  pilot with a running time of 90 minutes or more is $450,000,

22  the maximum reimbursement that may be made with respect to any

23  single television series pilot or television episode is

24  $150,000, the maximum reimbursement that may be made with

25  respect to a music video or commercial is $25,000, and the

26  maximum reimbursement that may be made with respect to an

27  industrial film or an educational film is $15,000. All noted

28  reimbursements under this section are subject to

29  appropriation. Payments under this section in a fiscal year

30  shall be made to qualified productions according to a

31  production's principal photography start date, for those

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    Florida Senate - 2005                           CS for SB 1372
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 1  qualified productions having entered into the first queue as

 2  cited in subparagraph 1. or the second queue cited in

 3  subparagraph 2. within the first 2 weeks after the queue's

 4  opening. All other qualified productions entering into either

 5  queue after the initial 2-week openings shall be on a

 6  first-come, first-served basis until the appropriation for

 7  that fiscal year is exhausted. On February 1 of each year, the

 8  remaining funds within both queues shall be combined into a

 9  single queue and distributed based on a project's principal

10  photography start date. Subject to subsequent appropriations,

11  The eligibility of qualified productions may not shall carry

12  over from year to year but such productions may reapply for

13  eligibility under the guidelines established for doing so. The

14  Office of Film and Entertainment shall develop a procedure to

15  ensure that qualified productions continue on a reasonable

16  schedule until completion. If a qualified production is not

17  continued according to a reasonable schedule, the office shall

18  withdraw its eligibility and reallocate the funds to the next

19  other qualified productions already in the queue that have yet

20  to receive their full maximum or 15-percent financial

21  reimbursement, if they have not started principal photography

22  by the time the funds become available.

23         1.  Theatrical or direct-to-video motion pictures,

24  made-for-television movies, commercials, music videos,

25  industrial and educational films, promotional videos or films,

26  documentary films, television specials, and

27  digital-media-effects productions by the entertainment

28  industry to be sold or displayed in an electronic medium shall

29  have their own separate queue established, and such queue

30  shall have dedicated to it 60 percent of all of the state

31  incentive money.

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    Florida Senate - 2005                           CS for SB 1372
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 1         2.  Television pilots, presentations for television

 2  pilots, or television series, including, but not limited to,

 3  drama, reality, comedy, soap opera, telenovella, game show, or

 4  miniseries productions, by the entertainment industry to be

 5  sold or displayed in an electronic medium shall have their own

 6  separate queue established, and such queue shall have

 7  dedicated to it 40 percent of all of the state incentive

 8  money. Qualified expenditures for which reimbursement shall be

 9  made include salaries and employment benefits paid for

10  services rendered in this state; rents for real and personal

11  property used in the production; payments for preproduction,

12  production, postproduction, and digital-media-effects services

13  rendered in this state; and cost of set construction.

14  Reimbursement may not be authorized for salaries of the two

15  highest-paid actors. Salaries of other actors are

16  reimbursable.

17         (b)  A digital-media-effects company in the state which

18  furnishes digital material to filmed entertainment a qualified

19  production that is certified by the Office of Film and

20  Entertainment may be eligible for a payment in an amount not

21  to exceed 5 percent of its annual gross revenues on qualified

22  expenditures as defined listed in paragraph (2)(c)

23  subparagraph (a)2. before taxes or $100,000, whichever is

24  less. A company applying for payment must submit documentation

25  annually as required by the Office of Film and Entertainment

26  for determination of eligibility of claimed billing and

27  determination of the amount of payment for which the company

28  is eligible.

29         (c)  A qualified relocation project that is certified

30  by the Office of Film and Entertainment is eligible for a

31  one-time incentive payment in an amount equal to 5 percent of

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    Florida Senate - 2005                           CS for SB 1372
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 1  its annual gross revenues before taxes for the first 12 months

 2  of conducting business in its Florida domicile or $200,000,

 3  whichever is less. A company applying for payment must submit

 4  documentation as required by the Office of Film and

 5  Entertainment for determination of eligibility of claimed

 6  billing and determination of the amount of payment for which

 7  the company is eligible.

 8         (d)  A qualified production, a digital-media-effects

 9  company, or a qualified relocation project applying for a

10  payment under this section must submit documentation for

11  claimed qualified expenditures to the Office of Film and

12  Entertainment.

13         (e)  The Office of Film and Entertainment shall notify

14  the Office of Tourism, Trade, and Economic Development whether

15  an applicant meets the criteria for reimbursement and shall

16  recommend the reimbursement amount. The Office of Tourism,

17  Trade, and Economic Development shall make the final

18  determination for actual reimbursement.

19         (7)  ANNUAL REPORT.--The Office of Film and

20  Entertainment shall provide an annual report for the previous

21  fiscal year, due October January 1, to the Governor, the

22  President of the Senate, and the Speaker of the House of

23  Representatives outlining the return on investment to the

24  state on funds expended pursuant to this section.

25         Section 3.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                           CS for SB 1372
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1372

 3                                 

 4  The committee substitute differs from the bill as filed in
    that it:
 5  
    1.   Expands the definition of "filmed entertainment" to
 6       include TV pilots and presentations for TV pilots,
         thereby making them eligible for financial incentives;
 7  
    2.   Deletes the proposed retroactive application of the
 8       definition of "motion picture";

 9  3.   Restores the inclusion of "goods purchased or leased" in
         the definition of "qualified expenditures"; and
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    4.   Replaces "long form television productions" with "TV
11       pilots and presentations for TV pilots" as a type of
         filmed entertainment eligible for financial incentives in
12       the second queue.

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