Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2110
                        Barcode 941844
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/25/2006 10:13 AM         .                    
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11  The Committee on Government Efficiency Appropriations (Posey)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (r) is added to subsection (5) of
19  section 212.08, Florida Statutes, to read:
20         212.08  Sales, rental, use, consumption, distribution,
21  and storage tax; specified exemptions.--The sale at retail,
22  the rental, the use, the consumption, the distribution, and
23  the storage to be used or consumed in this state of the
24  following are hereby specifically exempt from the tax imposed
25  by this chapter.
26         (5)  EXEMPTIONS; ACCOUNT OF USE.--
27         (r)  Entertainment industry tax credit; authorization;
28  eligibility for credits.--
29         1.  Beginning July 1, 2006, a qualified production
30  company is eligible for tax credits of taxes paid on qualified
31  expenditures, as defined in s. 288.1254, as provided in this
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 paragraph: 2 a. The credit shall be granted as a refund of sales 3 and use tax paid by a qualifying production company on 4 qualified expenditures in the fiscal year preceding the date 5 of application. 6 b. To be eligible to receive the credit, an applicant 7 must be a qualified production company as defined in s. 8 288.1258(1)(b). 9 c. A qualified production company may not be awarded 10 more than $2 million in tax credits under this paragraph and 11 s. 220.192 per year unless the production is a high-impact 12 television series, in which case the qualified production 13 shall be eligible for a maximum tax credit award of $3 14 million. The tax credit available under this paragraph shall 15 be surrendered only in satisfaction of the tax owed by a 16 qualified production company under this chapter and only up to 17 the face amount of the credit. If the qualified production 18 company cannot use the entire tax credit in the taxable year 19 in which the credit is approved, any excess may be carried 20 over to a succeeding taxable year. A tax credit granted under 21 this paragraph and applied against taxes imposed under this 22 chapter may be carried forward only for a maximum of 5 taxable 23 years following the taxable year in which the credit was 24 approved. Five years after the date a credit is granted under 25 this paragraph, the credit expires and may not be used. 26 d. The aggregate amount of tax credits allowed under 27 this paragraph and s. 220.192 in any state fiscal year is $25 28 million. If the total amount of allocated tax credits applied 29 for in any state fiscal year exceeds the aggregate amount of 30 tax credits authorized annually under this paragraph, such 31 excess shall be treated as having been applied for on the 2 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 first day of the next state fiscal year in which tax credits 2 remain available for allocation. However, no more than an 3 aggregate amount of $30 million in tax credits shall be 4 allocated between July 1, 2006, and June 30, 2007. The 5 cumulative amount of credits which may be allocated between 6 July 1, 2006, and June 30, 2009, may not exceed $75 million. 7 At such time as $75 million of tax credits have been 8 allocated, no additional tax credits may be allocated. 9 e. The tax credits awarded under this paragraph may be 10 used only by the qualified production company to whom the 11 credits were awarded. Credits awarded under this paragraph may 12 not be sold, assigned, or otherwise transferred, in whole or 13 in part. 14 2.a. To be eligible to receive the credit provided by 15 this paragraph, a qualified production company shall apply to 16 the Office of Film and Entertainment prior to September 1 of 17 each year for a refund of sales and use taxes paid on 18 qualified expenditures in the preceding fiscal year. 19 b. The Office of Film and Entertainment shall develop, 20 with the cooperation of the department, a standardized 21 application form for use in applying for the credit. 22 c. Upon receipt of an application, the Office of Film 23 and Entertainment shall review the application and information 24 and determine whether or not the application is complete 25 within 10 working days. An application shall not be considered 26 complete unless the application includes copies of invoices 27 upon which Florida sales tax is separately stated, other proof 28 that Florida tax was paid on the purchase of the qualified 29 expenditures, and other documentation as required by the 30 department. The Office of Film and Entertainment shall notify 31 the applicant within 15 calendar days of any deficiencies in 3 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 the application. Upon receipt of a completed application, the 2 Office of Film and Entertainment shall evaluate the 3 application for credit under this paragraph and issue an 4 approval or a denial to the applicant within an additional 15 5 calendar days. The Office of Film and Entertainment shall 6 provide the department with a copy of each completed 7 application that has been approved. Within 30 days after 8 receiving a copy of an approval, the department shall issue a 9 refund directly to the qualified production company in the 10 amount shown on the approval issued by the Office of Film and 11 Entertainment, notwithstanding the provisions of s. 215.26. 12 The provisions of s. 212.095 do not apply to this paragraph. 13 d. The Office of Tourism, Trade, and Economic 14 Development may adopt rules pursuant to ss. 120.536(1) and 15 120.54 to implement this paragraph, including, but not limited 16 to, rules specifying requirements for the application and 17 approval process, records required for substantiation of 18 credit awards, and determination of and qualification for 19 credit awards. 20 3.a. Any applicant who submits an application under 21 this paragraph which includes fraudulent information is liable 22 for reimbursement of the reasonable costs and fees associated 23 with the review, processing, investigation, and prosecution of 24 the application. 25 b. An eligible entity or company that obtains a credit 26 payment under this paragraph through a claim that is 27 fraudulent is liable for reimbursement of the credit amount 28 paid plus a penalty in an amount double the credit payment and 29 reimbursement of reasonable costs, which penalty is in 30 addition to any criminal penalty to which the entity or 31 company is liable for the same acts, plus interest. The entity 4 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 or company is also liable for costs and fees incurred by the 2 state in investigating and prosecuting the fraudulent claim. 3 Section 2. Paragraph (k) of subsection (7) of section 4 213.053, Florida Statutes, is amended, and paragraph (y) is 5 added to that subsection, to read: 6 213.053 Confidentiality and information sharing.-- 7 (7) Notwithstanding any other provision of this 8 section, the department may provide: 9 (k)1. Payment information relative to chapters 199, 10 201, 212, 220, 221, and 624 to the Office of Tourism, Trade, 11 and Economic Development, or its employees or agents that are 12 identified in writing by the office to the department, in the 13 administration of the tax refund program for qualified defense 14 contractors authorized by s. 288.1045 and the tax refund 15 program for qualified target industry businesses authorized by 16 s. 288.106. 17 2. Information relative to tax credits taken by a 18 business under s. 220.191 and exemptions or tax refunds 19 received by a business under s. 212.08(5)(j) and (r) to the 20 Office of Tourism, Trade, and Economic Development, or its 21 employees or agents that are identified in writing by the 22 office to the department, in the administration and evaluation 23 of the capital investment tax credit program authorized in s. 24 220.191 and the semiconductor, defense, and space tax 25 exemption program authorized in s. 212.08(5)(j). 26 (y) Information relative to tax credits taken under s. 27 220.192 and tax refunds received by a business under s. 28 212.08(5)(r) to the Office of Film and Entertainment and the 29 Office of Tourism, Trade, and Economic Development. 30 31 Disclosure of information under this subsection shall be 5 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 pursuant to a written agreement between the executive director 2 and the agency. Such agencies, governmental or 3 nongovernmental, shall be bound by the same requirements of 4 confidentiality as the Department of Revenue. Breach of 5 confidentiality is a misdemeanor of the first degree, 6 punishable as provided by s. 775.082 or s. 775.083. 7 Section 3. Subsection (8) of section 220.02, Florida 8 Statutes, is amended to read: 9 220.02 Legislative intent.-- 10 (8) It is the intent of the Legislature that credits 11 against either the corporate income tax or the franchise tax 12 be applied in the following order: those enumerated in s. 13 631.828, those enumerated in s. 220.191, those enumerated in 14 s. 220.181, those enumerated in s. 220.183, those enumerated 15 in s. 220.182, those enumerated in s. 220.1895, those 16 enumerated in s. 221.02, those enumerated in s. 220.184, those 17 enumerated in s. 220.186, those enumerated in s. 220.1845, 18 those enumerated in s. 220.19, those enumerated in s. 220.185, 19 and those enumerated in s. 220.187, and those enumerated under 20 s. 220.192. 21 Section 4. Section 220.192, Florida Statutes, is 22 created to read: 23 220.192 Entertainment industry tax credit; 24 authorization; eligibility for credits.-- 25 (1) TAX CREDITS; ELIGIBILITY; AWARD; 26 ALLOCATION.--Beginning July 1, 2006, a qualified production 27 company is eligible for tax credits in the amount of 15 28 percent of qualified expenditures, as defined in s. 288.1254. 29 (a) The credit shall be granted against the tax 30 imposed and owing under this chapter by a qualifying 31 production company for the taxable year in which the 6 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 application was granted. 2 (b) To be eligible to receive the credit, an applicant 3 must be a qualified production company as defined in s. 4 288.1258(1)(b). 5 (c) A qualified production company may not be awarded 6 more than a total of $2 million in tax credits under this 7 section and s. 212.08 per year unless the production is a 8 high-impact television series, in which case the production 9 shall be eligible for a maximum total tax credit award of $3 10 million. The tax credit available under this section shall be 11 surrendered only in satisfaction of the tax owed under this 12 chapter by a qualified production company under this chapter 13 and only up to the face amount of the credit. If the qualified 14 production company cannot use the entire tax credit in the 15 taxable year in which the credit is approved, any excess may 16 be carried over to a succeeding taxable year. A tax credit 17 granted under this section and applied against taxes imposed 18 under this chapter may be carried forward for only a maximum 19 of 5 taxable years following the taxable year in which the 20 credit was approved. Five years after the date a credit is 21 granted under this section, the credit expires and may not be 22 used. 23 (d) The aggregate amount of tax credits allowed under 24 this section and s. 212.08(5)(r) in any state fiscal year is 25 $25 million. If the total amount of allocated tax credits 26 applied for in any state fiscal year exceeds the aggregate 27 amount of tax credits authorized annually under this section, 28 such excess shall be treated as having been applied for on the 29 first day of the next state fiscal year in which tax credits 30 remain available for allocation. However, no more than an 31 aggregate amount of $30 million in tax credits shall be 7 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 allocated between July 1, 2006, and June 30, 2007. The 2 cumulative amount of credits which may be allocated between 3 July 1, 2006, and June 30, 2009, may not exceed $75 million. 4 At such time as $75 million of tax credits have been 5 allocated, no additional tax credits may be allocated. 6 (2) RULES.--The Office of Tourism, Trade, and Economic 7 Development may adopt rules pursuant to ss. 120.536(1) and 8 120.54 to implement this section, including, but not limited 9 to, rules specifying requirements for the application and 10 approval process, records required for substantiation of 11 credit awards, and determination of and qualification for 12 credit awards. 13 (3) FRAUDULENT CLAIMS.-- 14 (a) Any applicant who submits an application under 15 this section which includes fraudulent information is liable 16 for reimbursement of the reasonable costs and fees associated 17 with the review, processing, investigation, and prosecution of 18 the application. 19 (b) An eligible entity or company that obtains a 20 credit payment under this section through a claim that is 21 fraudulent is liable for reimbursement of the credit amount 22 paid plus a penalty in an amount double the credit payment and 23 reimbursement of reasonable costs, which penalty is in 24 addition to any criminal penalty to which the entity or 25 company is liable for the same acts, plus interest. The entity 26 or company is also liable for costs and fees incurred by the 27 state in investigating and prosecuting the fraudulent claim. 28 (4) USE OF TAX CREDIT; CARRYFORWARD.--The tax credit 29 available under this section shall be surrendered only in 30 satisfaction of the tax owed by a qualified production company 31 under this chapter and only up to the face amount of the 8 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 credit. If the qualified production company cannot use the 2 entire tax credit in the taxable year in which the credit is 3 approved, any excess may be carried over to a succeeding 4 taxable year. A tax credit granted under this section and 5 applied against taxes imposed under this chapter may be 6 carried forward only for a maximum of 5 taxable years 7 following the taxable year in which the credit was approved. 8 Five years after the date a credit is granted under this 9 section, the credit expires and may not be used. 10 (5) TRANSFER OF TAX CREDITS.--Upon application to and 11 approval by the Department of Revenue, a qualified production 12 company may sell, in whole or in part, a tax credit granted 13 under this section. The sale or assignment of any amount of 14 the tax credit shall not be exchanged for consideration 15 received by the qualified production company of less than 85 16 percent of the transferred amount of tax credit. The qualified 17 production company must transfer at least 10 percent of the 18 remaining credits to each purchaser and may not conduct more 19 than three transfers. The purchaser of the tax credit granted 20 under s. 288.1254 shall use the tax credit in the state fiscal 21 year the tax credit is acquired from the qualified production 22 company and otherwise may carry the tax credit over subject to 23 the same limitations on tax credit usage as the qualified 24 production company awarded the tax credit. The purchaser of 25 the tax credit may not sell or otherwise transfer the tax 26 credit. The Department of Revenue may adopt rules pursuant to 27 ss. 120.536(1) and 120.54 to administer this subsection. 28 (6) NONCORPORATE DISTRIBUTIONS OF TAX CREDITS.--A 29 qualified production company that is not a corporation as 30 defined in s. 220.03 shall elect to make an application to the 31 Department of Revenue to distribute tax credits awarded under 9 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 this section to its partners or members in proportion to the 2 respective distributive share of such partners' or members' 3 income or loss in the taxable fiscal year in which such tax 4 credits were approved. A tax credit granted under this section 5 and applied against taxes imposed under this chapter may be 6 carried forward only for a maximum of 5 taxable years 7 following the state fiscal year in which the credit was 8 approved. 9 (7) USE OF TAX CREDITS.--A qualified production 10 company may use the tax credit against the tax liability 11 imposed under this chapter, in whole or in part, or against 12 the sales tax paid on qualified expenditures as defined in s. 13 288.1254. 14 (8) AGGREGATE TAX CREDIT AVAILABLE.--The aggregate 15 amount of tax credits allowed under this section in any state 16 fiscal year is $25 million. If the total amount of allocated 17 tax credits applied for in any state fiscal year exceeds the 18 aggregate amount of tax credits authorized annually under this 19 section, such excess shall be treated as having been applied 20 for on the first day of the next state fiscal year in which 21 tax credits remain available for allocation. However, no more 22 than an aggregate amount of $30 million in tax credits granted 23 under this section or s. 212.08(5)(r) shall be allocated 24 between July 1, 2006, and June 30, 2007. The cumulative amount 25 of credits that may be allocated between July 1, 2006, and 26 June 30, 2009, may not exceed $75 million. At such time as $75 27 million of tax credits granted under this section or s. 28 212.08(5)(r) have been allocated, no additional tax credits 29 shall be allocated. 30 (9) RULES.--The Department of Revenue may adopt rules 31 pursuant to ss. 120.536(1) and 120.54 to administer the 10 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 provisions of this section, including rules governing the 2 manner and form of documentation required to claim tax credits 3 granted or transferred under this section, and may establish 4 guidelines as to the requirements for an affirmative showing 5 of qualification for tax credits granted or transferred under 6 this section. 7 Section 5. Section 288.1254, Florida Statutes, is 8 amended to read: 9 288.1254 Entertainment industry financial incentive 10 program; creation; purpose; definitions; application 11 procedure; approval process; reimbursement eligibility; 12 submission of required documentation; recommendations for 13 credit award payment; policies and procedures; fraudulent 14 claims.-- 15 (1) CREATION AND PURPOSE OF PROGRAM.--Subject to 16 specific appropriation, There is created within the Office of 17 Film and Entertainment an entertainment industry financial 18 incentive program. The purpose of this program is to encourage 19 the use of this state as a site for filming and developing and 20 sustaining the workforce and infrastructure providing 21 production services for filmed entertainment. 22 (2) DEFINITIONS.--As used in this section, the term: 23 (a) "Filmed entertainment" means a theatrical or 24 direct-to-video motion picture, a made-for-television motion 25 picture teleproduction, a commercial, a music video, an 26 industrial or educational film, a promotional video or film, a 27 documentary film, a television pilot, a television special, a 28 presentation for a television pilot, a television series, 29 including, but not limited to, a drama, a reality, a comedy, a 30 soap opera, a telenovela, a game show, and a miniseries 31 production, or a digital-media-effects production by the 11 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 entertainment industry to be sold or displayed in an 2 electronic medium, excluding news shows and sporting events. 3 As used in this paragraph, the term "motion picture" means a 4 motion picture made on or by film, tape, or otherwise and 5 produced by means of a motion picture camera, electronic 6 camera or device, tape device, any combination of the 7 foregoing, or any other means, method, or device now used or 8 which may hereafter be adopted. As used in this paragraph, the 9 term "digital-media-effects" means visual elements created 10 through the modification of already existing or newly created 11 visual elements for film, video, or animated media through the 12 use of digital 2D/3D animation or painting, motion capture, or 13 compositing technologies. For purposes of this section, the 14 term "filmed entertainment" does not include the electronic 15 gaming industry or sporting events. 16 (b) "High-impact television series" means a production 17 created to run multiple production seasons with an estimated 18 order of at least seven episodes per season and qualified 19 expenditures of at least $625,000 per episode. 20 (c)(b) "Production costs" means the costs of real, 21 tangible, and intangible property used and services performed 22 primarily or customarily in the production, including 23 preproduction and postproduction, of qualified filmed 24 entertainment. Production costs generally include, but are not 25 limited to: 26 1. Wages, salaries, or other compensation, including 27 amounts paid through payroll service companies, for technical 28 and production crews, directors, producers, and performers who 29 are residents of this state. 30 2. Expenditures for sound stages, backlots, production 31 editing, digital effects, sound recordings, sets, and set 12 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 construction. 2 3. Expenditures for rental equipment, including, but 3 not limited to, cameras and grip or electrical equipment. 4 4. Expenditures for meals, travel, and accommodations, 5 and goods used in producing filmed entertainment that is 6 located and doing business in this state. 7 5. Expenditures for goods and services used in 8 producing filmed entertainment. 9 (d)(c) "Qualified expenditures" means production costs 10 incurred in this state within the current state fiscal year 11 for goods purchased or leased from or services provided by 12 purchased, leased, or employed from a resident of this state 13 or a vendor or supplier who is located and doing business in 14 this state or payments to residents of this state in the form 15 of salary, wages, or other compensation, but excluding wages, 16 salaries, or other compensation paid to the two highest-paid 17 residents of this state participating in the qualified 18 production employees. 19 (e)(d) "Qualified production" means filmed 20 entertainment that meets or exceeds minimum qualified makes 21 expenditures required in this state for the total or partial 22 production of filmed entertainment. Productions that are 23 deemed by the Office of Film and Entertainment to contain 24 obscene content, as defined by the United States Supreme 25 Court, are not qualified productions. Also, a production is 26 not a qualified production if it is determined that the first 27 day of principal photography in this state occurred on or 28 before the date of submitting its application to the Office of 29 Film and Entertainment or prior to certification by the Office 30 of Tourism, Trade, and Economic Development. 31 (f)(e) "Qualified production company relocation 13 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 project" means a corporation, limited liability company, 2 partnership, corporate headquarters, or other legal private 3 entity engaged in the production of filmed entertainment that 4 is domiciled in another state or country and relocates its 5 operations to this state, is organized under the laws of this 6 or any other state or country, and includes as one of its 7 primary purposes digital-media-effects or motion picture and 8 television production, or postproduction. 9 (3) APPLICATION PROCEDURE; APPROVAL PROCESS.-- 10 (a) Any company engaged in this state in producing 11 filmed entertainment may submit an application to the Office 12 of Film and Entertainment for the purpose of determining 13 qualification for an award of credits against the taxes by the 14 sales tax paid on qualified expenditures as defined in s. 15 288.1254 and the corporate income tax imposed by chapter 220 16 receipt of reimbursement provided in this section. The office 17 must be provided information required to determine if the 18 production is a qualified production and to determine the 19 qualified expenditures, production costs, and other 20 information necessary for the office to determine both 21 eligibility for the tax credit and level of reimbursement. 22 (b) A digital-media-effects company in the state which 23 furnishes digital material to filmed entertainment may submit 24 an application to the Office of Film and Entertainment for the 25 purpose of determining qualification for receipt of 26 reimbursement authorized by this section. The office must be 27 provided information required to determine if the company is 28 qualified and to determine the amount of reimbursement. 29 (c) Any corporation, limited liability company, 30 partnership, corporate headquarters, or other private entity 31 domiciled in another state which includes as one of its 14 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 primary purposes digital-media-effects or motion picture and 2 television production and which is considering relocation to 3 this state may submit an application to the Office of Film and 4 Entertainment for the purpose of determining qualification for 5 reimbursement under this section. 6 (d)1. The Office of Film and Entertainment shall 7 establish a process by which an application is accepted and 8 reviewed and reimbursement eligibility and reimbursement 9 amount are determined. The Office of Film and Entertainment 10 may request assistance from a duly appointed local film 11 commission in determining qualifications for reimbursement and 12 compliance. 13 1.2. The Office of Film and Entertainment shall 14 develop a standardized application form for use in qualifying 15 an applicant as approving a qualified production, a qualified 16 relocation project, or a company qualifying under paragraph 17 (a), paragraph (b), or paragraph (c). The application form for 18 qualifying an applicant as a qualified production must 19 include, but need not be limited to, production-related 20 information on employment, proposed total production budgets, 21 planned expenditures in this state which are intended for use 22 exclusively as an integral part of preproduction, production, 23 or postproduction activities engaged primarily in this state, 24 and a signed affirmation from the applicant Office of Film and 25 Entertainment that the information on the application form has 26 been verified and is correct. The application form shall be 27 distributed to applicants by the Office of Film and 28 Entertainment or local film commissions. 29 2.3. Within 10 business days after receipt of an 30 application, the Office of Film and Entertainment shall review 31 the application to determine if the application contains all 15 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 the information required by this subsection and meets the 2 criteria set out in this section. The office shall qualify all 3 applications that contain the information and meet the 4 criteria set out in this section as eligible to receive a tax 5 credit or shall notify the applicant that the requirements for 6 qualification have not been met. If the application is 7 qualified, the office shall recommend to the Office of 8 Tourism, Trade, and Economic Development approval of the 9 maximum amount of the tax credit to be awarded. The Office of 10 Film and Entertainment must complete its review of each 11 application within 5 days after receipt of the completed 12 application, including all required information, and it must 13 notify the applicant of its determination within 10 business 14 days after receipt of the completed application and required 15 information. 16 3.4. Within 10 business days after receiving notice 17 from the Office of Film and Entertainment of qualification of 18 an applicant as a qualified production and a recommended 19 approval of the maximum amount of tax credit to be awarded, 20 the Office of Tourism, Trade, and Economic Development shall 21 certify the maximum tax credit award, if any. The 22 certification shall be transmitted to the applicant and to the 23 executive director of the Department of Revenue. The applicant 24 shall be responsible for forwarding a certified application to 25 the Department of Revenue. Upon determination that all 26 criteria are met for qualification for reimbursement, the 27 Office of Film and Entertainment shall notify the applicant of 28 such approval. The office shall also notify the Office of 29 Tourism, Trade, and Economic Development of the applicant 30 approval and amount of reimbursement required. The Office of 31 Tourism, Trade, and Economic Development shall make final 16 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 determination for actual reimbursement. 2 4.5. The Office of Film and Entertainment shall deny 3 an application if the office it determines that: 4 a. The application is not complete or does not meet 5 the requirements of this section; or 6 b. The tax credit amount reimbursement sought does not 7 meet the requirements of this section for such reimbursement. 8 (4) CREDIT REIMBURSEMENT ELIGIBILITY; SUBMISSION OF 9 REQUIRED DOCUMENTATION; APPLICATION RECOMMENDATIONS FOR 10 TRANSFER PAYMENT.-- 11 (a) Tax credit award.--A production of filmed 12 entertainment that is qualified by the Office of Film and 13 Entertainment and is certified by the Office of Tourism, 14 Trade, and Economic Development is eligible for corporate tax 15 credits granted pursuant to s. 220.192 and credits against 16 sales tax paid on qualified expenditures pursuant to s. 17 212.08(5)(r) in an amount equal a reimbursement of up to 15 18 percent of its qualified qualifying expenditures. 19 (b) Production spanning 2 state fiscal years.--A 20 qualified production that starts in one state fiscal year and 21 finishes in the next state fiscal year shall have all 22 qualified expenditures from both state fiscal years certified 23 for the latter state fiscal year. This requirement does not 24 apply to the commercials and music video queue described in 25 subparagraph (d)3. 26 (c) Aggregate tax credit available.--The aggregate 27 amount of tax credits allowed under this section in any state 28 fiscal year is $25 million. If the total amount of allocated 29 tax credits applied for in any state fiscal year exceeds the 30 aggregate amount of tax credits authorized annually under this 31 section, such excess shall be treated as having been applied 17 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 for on the first day of the next state fiscal year in which 2 tax credits remain available for allocation. However, no more 3 than an aggregate amount of $30 million in tax credits granted 4 pursuant to this section and ss. 212.08(5)(r) and 220.192 5 shall be allocated between July 1, 2006, and June 30, 2007. 6 The cumulative amount of credits which may be allocated 7 between July 1, 2006, and June 30, 2009, may not exceed $75 8 million. At such time as $75 million of tax credits granted 9 pursuant to this section and ss. 212.08(5)(r) and 220.192 have 10 been allocated, no additional tax credits may be allocated in 11 this state on a filmed entertainment program that demonstrates 12 a minimum of $850,000 in total qualified expenditures for the 13 entire run of the project, versus the budget on a single 14 episode, within the fiscal year from July 1 to June 30. 15 However, the maximum reimbursement that may be made with 16 respect to any filmed entertainment program is $2 million. All 17 reimbursements under this section are subject to 18 appropriation. 19 (d) Filmed entertainment queues.--Tax credits awarded 20 Payments under this section in a state fiscal year shall be 21 made to qualified productions according to a production's 22 principal photography start date, for those qualified 23 productions having entered into the first queue as cited in 24 subparagraph 1. or the second queue cited in subparagraph 2. 25 within the first 2 weeks after the queue's opening. All other 26 qualified productions entering into either queue after the 27 initial 2-week openings shall be on a first-come, first-served 28 basis until the appropriation for that fiscal year is 29 exhausted. On February 1 of each year, the remaining funds 30 within both queues shall be combined into a single queue and 31 distributed based on a project's principal photography start 18 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 date. The eligibility of qualified productions may not carry 2 over from year to year, but such productions may reapply for 3 eligibility under the guidelines established for doing so. The 4 Office of Film and Entertainment shall develop a procedure to 5 ensure that qualified productions continue on a reasonable 6 schedule until completion. If a qualified production is not 7 continued according to a reasonable schedule, the office shall 8 withdraw its eligibility and reallocate the funds to the next 9 qualified productions already in the queue that have yet to 10 receive their full maximum or 15-percent financial 11 reimbursement, if they have not started principal photography 12 by the time the funds become available. 13 1. Film, television, and episodic queue.--Theatrical 14 or direct-to-video motion pictures, made-for-television 15 movies, commercials, music videos, industrial and educational 16 films, promotional videos or films, documentary films, 17 television specials, television series, including, but not 18 limited to, miniseries and telenovelas, and 19 digital-media-effects productions by the entertainment 20 industry to be sold or displayed in an electronic medium which 21 demonstrate a minimum of $625,000 in total qualified 22 expenditures for the entire run of the project, which, for a 23 television series, means a season even if the season is not 24 completed in the same state fiscal year in which principal 25 photography began, shall have their own separate queue 26 established, and such queue shall have dedicated to it 60 27 percent of all available tax credits in any state fiscal year 28 for which this section applies. The maximum tax credit award 29 that may be made from this queue for any single production is 30 $2 million unless the production is a high-impact television 31 series, in which case the production shall be eligible for a 19 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 maximum tax credit award of $3 million, provided such 2 production meets the other criteria of this section. On March 3 1 of each year, the remaining tax credits within this queue 4 shall be merged into a general queue and may be used for other 5 purposes of this section as determined by the Office of Film 6 and Entertainment. A television series, including, but not 7 limited to, a qualified high-impact television series, is not 8 eligible for a tax credit award under this section after its 9 fifth production season in this state. A qualified high-impact 10 television series shall be allowed first position in this 11 queue for its first five production seasons in this state if 12 the application is received by the Office of Film and 13 Entertainment within the first 2 weeks after the queue's 14 opening. A qualified high-impact television series must file 15 an application for each state fiscal year in which it is 16 eligible to receive the credit, unless otherwise provided in 17 this section of the state incentive money. 18 2. Television pilot queue.--Television pilots and, 19 presentations for television pilots for television series 20 intended to be shot in this state and, or television series, 21 including, but not limited to, drama, reality, comedy, soap 22 opera, telenovela, game show, or miniseries productions, by 23 the entertainment industry to be sold or displayed in an 24 electronic medium which demonstrate a minimum of $625,000 in 25 total qualified expenditures for the pilot episode or 26 presentation shall have their own separate queue established, 27 and such queue shall have dedicated to it 20 40 percent of all 28 available tax credits in any given state fiscal year for which 29 this section applies. The maximum tax credit award that may be 30 made from this queue for any single pilot episode or 31 presentation is $2 million. On March 1 of each year, the 20 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 remaining tax credits within this queue shall be merged into a 2 general queue and may be used for other purposes of this 3 section as determined by the Office of Film and Entertainment. 4 3. Commercials and music video queue.--Commercials and 5 music videos by the entertainment industry to be sold or 6 displayed in an electronic medium which demonstrate a minimum 7 of $500,000 in combined total qualified expenditures from a 8 production company during the state fiscal year with a minimum 9 of $75,000 in qualified expenditures for each production shall 10 have their own separate queue established. Such queue shall 11 have dedicated to it 20 percent of available tax credits in 12 any given state fiscal year for which this section applies. 13 The maximum tax credit award that may be made from this queue 14 for any single production company is $500,000 for a state 15 fiscal year. On April 1 of each year, the remaining tax 16 credits within this queue shall be merged into a general queue 17 and may be used for other purposes of this section as 18 determined by the Office of Film and Entertainment. 19 (e) Loss of eligibility; reallocation of tax 20 credits.--If a qualified production is not continued according 21 to a reasonable schedule or the Office of Film and 22 Entertainment is notified that a qualified production will no 23 longer be produced, the office shall withdraw the production's 24 eligibility for tax credits and reallocate the tax credits to 25 the next qualified productions already in the queue that have 26 yet to receive a full tax credit if such next qualified 27 productions have not started principal photography by the time 28 the tax credits become available. 29 (f) Verification of tax credit award.--The Office of 30 Film and Entertainment shall develop a process by which a 31 qualified production that has been certified by the Office of 21 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 Tourism, Trade, and Economic Development shall submit to the 2 Office of Film and Entertainment, in a timely manner after 3 production ends and after making all of its qualified 4 expenditures, verifying data to substantiate each qualified 5 expenditure. The Office of Film and Entertainment shall report 6 to the Office of Tourism, Trade, and Economic Development the 7 final verified amount of actual qualified expenditures made by 8 the qualified production. The Office of Tourism, Trade, and 9 Economic Development shall then notify the executive director 10 of the Department of Revenue that the qualified production has 11 met all requirements of the incentive program and shall 12 recommend the final amount of the tax credit of the state 13 incentive money. 14 (b) A digital-media-effects company in the state which 15 furnishes digital material to filmed entertainment may be 16 eligible for a payment in an amount not to exceed 5 percent of 17 its annual gross revenues on qualified expenditures as defined 18 in paragraph (2)(c) before taxes or $100,000, whichever is 19 less. A company applying for payment must submit documentation 20 annually as required by the Office of Film and Entertainment 21 for determination of eligibility of claimed billing and 22 determination of the amount of payment for which the company 23 is eligible. 24 (g)(c) Transfer of tax credits.--Upon application and 25 approval by the Department of Revenue, a qualified production 26 company may sell, in whole or in part, a tax credit granted 27 pursuant to this section and s. 220.192. The sale of any 28 amount of the tax credit shall not be exchanged for 29 consideration received by the qualified production company of 30 less than 85 percent of the transferred amount of tax credit. 31 The qualified production company must transfer at least 10 22 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 percent of the remaining credits to each purchaser and may not 2 conduct more than three transfers. The purchaser shall 3 surrender the tax credit in the state fiscal year acquired 4 from the qualified production company and otherwise may carry 5 the tax credit over subject to the same limitations on tax 6 credit usage as the qualified production company awarded the 7 tax credit. The purchaser may not sell or otherwise transfer 8 the tax credit. The Department of Revenue may adopt rules 9 pursuant to ss. 120.536(1) and 120.54 to administer this 10 paragraph, as provided in paragraph (6)(b). A qualified 11 relocation project that is certified by the Office of Film and 12 Entertainment is eligible for a one-time incentive payment in 13 an amount equal to 5 percent of its annual gross revenues 14 before taxes for the first 12 months of conducting business in 15 its Florida domicile or $200,000, whichever is less. A company 16 applying for payment must submit documentation as required by 17 the Office of Film and Entertainment for determination of 18 eligibility of claimed billing and determination of the amount 19 of payment for which the company is eligible. 20 (h)(d) Noncorporate distribution of tax credits.--A 21 qualified production company that is not a corporation as 22 defined in s. 220.03 shall elect to make an application to the 23 Department of Revenue as provided in paragraph (g) or 24 distribute tax credits awarded under this section to its 25 partners or members in proportion to the respective 26 distributive share of such partners' or members' income or 27 loss in the state fiscal year in which such tax credits were 28 approved. A tax credit granted under this section and applied 29 against taxes imposed under this chapter shall be carried 30 forward only for a maximum of 5 taxable years following the 31 state fiscal year in which the credit was approved. The 23 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 Department of Revenue may adopt rules pursuant to ss. 2 120.536(1) and 120.54 to administer this paragraph, as 3 provided in paragraph (6)(b), a digital-media-effects company, 4 or a qualified relocation project applying for a payment under 5 this section must submit documentation for claimed qualified 6 expenditures to the Office of Film and Entertainment. 7 (i)(e) Use of tax credits.--A qualified production 8 company may use the tax credit against the tax liability 9 imposed under s. 220.192, in whole or in part, or against the 10 sales tax paid under chapter 212 in whole or in part The 11 Office of Film and Entertainment shall notify the Office of 12 Tourism, Trade, and Economic Development whether an applicant 13 meets the criteria for reimbursement and shall recommend the 14 reimbursement amount. The Office of Tourism, Trade, and 15 Economic Development shall make the final determination for 16 actual reimbursement. 17 (5) MARKETING REQUIREMENTS.--The Office of Film and 18 Entertainment shall ensure that appropriate marketing 19 materials, including, but not limited to, promotions of this 20 state as a tourist or filming destination, are required, when 21 appropriate, to be included on any filmed entertainment as a 22 condition of receiving a tax credit under this section. The 23 Office of Film and Entertainment shall consult with 24 appropriate entities for the development and implementation of 25 marketing materials. 26 (6)(5) RULES POLICIES AND PROCEDURES.-- 27 (a) The Office of Tourism, Trade, and Economic 28 Development shall adopt rules pursuant to ss. 120.536(1) and 29 120.54 policies and procedures to implement this section, 30 including, but not limited to, rules specifying requirements 31 for the application and approval process, records required for 24 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 submission for substantiation of credit awards for 2 reimbursement, and determination of and qualification for 3 credit awards, and marketing requirements for credit 4 recipients reimbursement. 5 (b) The Department of Revenue may adopt rules pursuant 6 to ss. 120.536(1) and 120.54 to administer the provisions of 7 this section, including rules governing the manner and form of 8 documentation required to claim tax credits granted or 9 transferred under this section, and may establish guidelines 10 as to the requisites for an affirmative showing of 11 qualification for tax credits granted or transferred under 12 this section. 13 (7)(6) FRAUDULENT CLAIMS.-- 14 (a) Any applicant who submits an application under 15 this section which includes fraudulent information is liable 16 for reimbursement of the reasonable costs and fees associated 17 with the review, processing, investigation, and prosecution. 18 (b) An eligible entity or company that obtains a 19 credit payment under this section through a claim that it 20 knows is fraudulent is liable for reimbursement of the credit 21 amount paid plus a penalty in an amount double the credit 22 payment and reimbursement of reasonable costs, which penalty 23 is in addition to any criminal penalty to which the entity or 24 company is liable for the same acts, plus interest. The entity 25 or company is also liable for costs and fees incurred by the 26 state in investigating and prosecuting the fraudulent claim. 27 (8)(7) ANNUAL REPORT.--The Office of Film and 28 Entertainment shall provide an annual report for the previous 29 state fiscal year, due October 1, to the Governor, the 30 President of the Senate, and the Speaker of the House of 31 Representatives outlining the return on investment to the 25 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 state on tax credits awarded funds expended pursuant to this 2 section. 3 (9) REPEAL.--This section is repealed July 1, 2009. 4 Section 6. This act shall take effect July 1, 2006. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 Delete everything before the enacting clause 10 11 and insert: 12 A bill to be entitled 13 An act relating to entertainment industry 14 economic development; amending s. 212.08, F.S.; 15 providing for an entertainment industry credit 16 of sales and use taxes paid on qualified 17 expenditures; providing criteria, requirements, 18 procedures, and limitations on the credit; 19 providing for uses of the credit; providing 20 duties and responsibilities of the Office of 21 Film and Entertainment and the Department of 22 Revenue; authorizing the Office of Tourism, 23 Trade, and Economic Development to adopt rules; 24 providing for liability for fraudulent credit 25 applications; amending s. 213.053, F.S.; 26 authorizing the Department of Revenue to 27 provide certain tax credit and tax refund 28 information to the Office of Film and 29 Entertainment and the Office of Tourism, Trade, 30 and Economic Development; amending s. 220.02, 31 F.S.; revising the order of priority list of 26 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 applicable credits against certain taxes; 2 creating s. 220.192, F.S.; providing for an 3 entertainment industry corporate income tax 4 credit of a percentage of certain qualified 5 expenditures; providing criteria, requirements, 6 procedures, and limitations on the credit; 7 providing for uses and allocations of the 8 credit; authorizing the Office of Tourism, 9 Trade, and Economic Development to adopt rules; 10 providing for liability for fraudulent credit 11 applications; providing for use and 12 carryforward of the credit; providing for 13 transfers of the credit; providing for 14 noncorporate distributions of tax credits; 15 authorizing the Department of Revenue to adopt 16 rules; amending s. 288.1254, F.S.; revising the 17 entertainment industry financial incentive 18 program to provide corporate income tax and 19 sales and use tax credits to qualified 20 entertainment entities rather than 21 reimbursements from appropriations; revising 22 provisions relating to definitions, creation 23 and scope, application procedures, approval 24 process, eligibility, required documents, 25 qualified productions, and annual reports; 26 providing criteria and limitations for awards 27 of tax credits; providing marketing 28 requirements; requiring the Office of Tourism, 29 Trade, and Economic Development and the 30 Department of Revenue to adopt rules; providing 31 liability for reimbursement of certain costs 27 4:34 PM 04/20/06 s2110c1d-ge24-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2110 Barcode 941844 1 and fees associated with fraudulent 2 applications; providing for future repeal; 3 providing an effective date. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 4:34 PM 04/20/06 s2110c1d-ge24-t01