Senate Bill sb2110c1

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    Florida Senate - 2006                           CS for SB 2110

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




    577-2059-06

  1                      A bill to be entitled

  2         An act relating to entertainment industry

  3         economic development; amending s. 212.08, F.S.;

  4         authorizing the use of certain entertainment

  5         industry tax credits as a refund against sales

  6         and use tax liability under certain

  7         circumstances; providing requirements,

  8         procedures, and limitations; authorizing the

  9         Department of Revenue to adopt rules; amending

10         s. 220.02, F.S.; revising the order of priority

11         list of applicable credits against certain

12         taxes; transferring, renumbering, and amending

13         s. 288.1254, F.S.; revising the entertainment

14         industry financial incentive program to provide

15         corporate income tax credits to qualified

16         entertainment entities rather than

17         reimbursements from appropriations; revising

18         provisions relating to definitions, creation

19         and scope, application procedures, approval

20         process, eligibility, required documents,

21         qualified productions, and annual reports;

22         providing criteria and limitations for awards

23         of tax credits; providing marketing

24         requirements; requiring the Office of Tourism,

25         Trade, and Economic Development and Department

26         of Revenue to adopt rules; providing liability

27         for reimbursement of certain costs and fees

28         associated with fraudulent applications;

29         providing for future repeal; amending s.

30         477.0135, F.S.; correcting a cross-reference;

31         providing an effective date.

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    Florida Senate - 2006                           CS for SB 2110
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Paragraph (r) is added to subsection (5) of

 4  section 212.08, Florida Statutes, to read:

 5         212.08  Sales, rental, use, consumption, distribution,

 6  and storage tax; specified exemptions.--The sale at retail,

 7  the rental, the use, the consumption, the distribution, and

 8  the storage to be used or consumed in this state of the

 9  following are hereby specifically exempt from the tax imposed

10  by this chapter.

11         (5)  EXEMPTIONS; ACCOUNT OF USE.--

12         (r)  Entertainment industry tax credits; authorization;

13  eligibility for credits.--Beginning July 1, 2006, any company

14  engaged in producing filmed entertainment in this state that

15  has registered with the department under this chapter to

16  collect or remit sales or use tax and has satisfied the

17  requirements enumerated in and has received credits under s.

18  220.192 may use the award of credits against the tax imposed

19  by this chapter as provided by this section.

20         1.  The credit shall be granted as a refund against

21  state sales and use taxes reported on returns and remitted in

22  the 12 months preceding the date of application to the

23  department for the credit.

24         2.  A company may not be awarded more than $2 million

25  in tax credits under this paragraph and s. 220.192, unless the

26  production is a high-impact television series as defined in s.

27  220.192(2)(b), in which case the production shall be eligible

28  for a maximum tax credit award of $3 million.

29         3.  The total amount of tax credits which may be

30  granted for all programs approved under this paragraph and s.

31  220.192 is $25 million in any state fiscal year.

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 1         4.  A company may use the tax credit against the tax

 2  liability imposed under this chapter, in whole or in part, and

 3  against the liability imposed under chapter 220, so long as

 4  the credit is actually applied only once.

 5         5.  The department may adopt rules pursuant to ss.

 6  120.536(1) and 120.54 to administer this paragraph, as

 7  provided by s. 220.192(6)(b).

 8         Section 2.  Subsection (8) of section 220.02, Florida

 9  Statutes, is amended to read:

10         220.02  Legislative intent.--

11         (8)  It is the intent of the Legislature that credits

12  against either the corporate income tax or the franchise tax

13  be applied in the following order: those enumerated in s.

14  631.828, those enumerated in s. 220.191, those enumerated in

15  s. 220.181, those enumerated in s. 220.183, those enumerated

16  in s. 220.182, those enumerated in s. 220.1895, those

17  enumerated in s. 221.02, those enumerated in s. 220.184, those

18  enumerated in s. 220.186, those enumerated in s. 220.1845,

19  those enumerated in s. 220.19, those enumerated in s. 220.185,

20  and those enumerated in s. 220.187, and those enumerated in s.

21  220.192.

22         Section 3.  Section 288.1254, Florida Statutes, is

23  transferred and renumbered as section 220.192, Florida

24  Statutes, and amended to read:

25         220.192 288.1254  Entertainment industry financial

26  incentive program; creation; purpose; definitions; application

27  procedure; approval process; reimbursement eligibility;

28  submission of required documentation; recommendations for

29  credit award payment; policies and procedures; fraudulent

30  claims.--

31  

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

 2  specific appropriation, There is created within the Office of

 3  Film and Entertainment an entertainment industry financial

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

 5  the use of this state as a site for filming and developing and

 6  sustaining the workforce and infrastructure providing

 7  production services for filmed entertainment.

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

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

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

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

12  industrial or educational film, a promotional video or film, a

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

14  television pilot, a television special, a television series,

15  including, but not limited to, a drama, a reality, a comedy, a

16  soap opera, a telenovela, a game show, and a miniseries

17  production, or a digital-media-effects production by the

18  entertainment industry to be sold or displayed in an

19  electronic medium, excluding news shows and sporting events.

20  As used in this paragraph, the term "motion picture" means a

21  motion picture made on or by film, tape, or otherwise and

22  produced by means of a motion picture camera, electronic

23  camera or device, tape device, any combination of the

24  foregoing, or any other means, method, or device now used or

25  which may hereafter be adopted. As used in this paragraph, the

26  term "digital-media-effects" means visual elements created

27  through the modification of already existing or newly created

28  visual elements for film, video, or animated media through the

29  use of digital 2D/3D animation or painting, motion capture, or

30  compositing technologies. For purposes of this section, the

31  

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    Florida Senate - 2006                           CS for SB 2110
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 1  term "filmed entertainment" does not include the electronic

 2  gaming industry or sporting events.

 3         (b)  "High-impact television series" means a production

 4  created to run multiple production seasons with an estimated

 5  order of at least seven episodes per season and qualified

 6  expenditures of at least $625,000 per episode.

 7         (c)(b)  "Production costs" means the costs of real,

 8  tangible, and intangible property used and services performed

 9  primarily or customarily in the production, including

10  preproduction and postproduction, of qualified filmed

11  entertainment. Production costs generally include, but are not

12  limited to:

13         1.  Wages, salaries, or other compensation, including

14  amounts paid through payroll service companies, for technical

15  and production crews, directors, producers, and performers who

16  are residents of this state.

17         2.  Expenditures for sound stages, backlots, production

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

19  construction.

20         3.  Expenditures for rental equipment, including, but

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

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

23  and goods used in producing filmed entertainment that is

24  located and doing business in this state.

25         5.  Expenditures for goods and services used in

26  producing filmed entertainment.

27         (d)(c)  "Qualified expenditures" means production costs

28  incurred in this state within the current state fiscal year

29  for goods purchased or leased from or services provided by

30  purchased, leased, or employed from a resident of this state

31  or a vendor or supplier who is located and doing business in

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 1  this state, or payments to residents of this state in the form

 2  of salary, wages, or other compensation but excluding wages,

 3  salaries, and or other compensation paid to the two

 4  highest-paid residents of this state employees.

 5         (e)(d)  "Qualified production" means filmed

 6  entertainment that meets or exceeds minimum qualified makes

 7  expenditures required in this state for the total or partial

 8  production of filmed entertainment. Productions that are

 9  deemed by the Office of Film and Entertainment to contain

10  obscene content, as defined by the United States Supreme

11  Court, are not qualified productions. Also, a production is

12  not a qualified production if it is determined that the first

13  day of principal photography in this state occurred on or

14  before the date of submitting its application to the Office of

15  Film and Entertainment or prior to certification by the Office

16  of Tourism, Trade, and Economic Development.

17         (f)(e)  "Qualified production company relocation

18  project" means a corporation, limited liability company,

19  partnership, corporate headquarters, or other legal private

20  entity engaged in the production of filmed entertainment that

21  is domiciled in another state or country and relocates its

22  operations to this state, is organized under the laws of this

23  or any other state or country, and includes as one of its

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

25  television production, or postproduction.

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

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

28  filmed entertainment may submit an application to the Office

29  of Film and Entertainment for the purpose of determining

30  qualification for an award of credits against the tax imposed

31  by this chapter as receipt of reimbursement provided in this

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    Florida Senate - 2006                           CS for SB 2110
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 1  section. The office must be provided information required to

 2  determine if the production is a qualified production and to

 3  determine the qualified expenditures, production costs, and

 4  other information necessary for the office to determine both

 5  eligibility for the tax credit and level of reimbursement.

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

 7  furnishes digital material to filmed entertainment may submit

 8  an application to the Office of Film and Entertainment for the

 9  purpose of determining qualification for receipt of

10  reimbursement authorized by this section. The office must be

11  provided information required to determine if the company is

12  qualified and to determine the amount of reimbursement.

13         (c)  Any corporation, limited liability company,

14  partnership, corporate headquarters, or other private entity

15  domiciled in another state which includes as one of its

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

17  television production and which is considering relocation to

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

19  Entertainment for the purpose of determining qualification for

20  reimbursement under this section.

21         (d)1.  The Office of Film and Entertainment shall

22  establish a process by which an application is accepted and

23  reviewed and reimbursement eligibility and reimbursement

24  amount are determined. The Office of Film and Entertainment

25  may request assistance from a duly appointed local film

26  commission in determining qualifications for reimbursement and

27  compliance.

28         1.2.  The Office of Film and Entertainment shall

29  develop a standardized application form for use in qualifying

30  an applicant as approving a qualified production, a qualified

31  relocation project, or a company qualifying under paragraph

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 1  (a), paragraph (b), or paragraph (c). The application form for

 2  qualifying an applicant as a qualified production must

 3  include, but need not be limited to, production-related

 4  information on employment, proposed total production budgets,

 5  planned expenditures in this state which are intended for use

 6  exclusively as an integral part of preproduction, production,

 7  or postproduction activities engaged primarily in this state,

 8  and a signed affirmation from the applicant Office of Film and

 9  Entertainment that the information on the application form has

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

11  distributed to applicants by the Office of Film and

12  Entertainment or local film commissions.

13         2.3.  Within 10 business days after receipt of an

14  application, the Office of Film and Entertainment shall review

15  the application to determine if the application contains all

16  the information required by this subsection and meets the

17  criteria set out in this section. The office shall qualify all

18  applications that contain the information and meet the

19  criteria set out in this section as eligible to receive a tax

20  credit or shall notify the applicant that the requirements for

21  qualification have not been met. If the application is

22  qualified, the office shall recommend to the Office of

23  Tourism, Trade, and Economic Development approval of the

24  maximum amount of the tax credit to be awarded. The Office of

25  Film and Entertainment must complete its review of each

26  application within 5 days after receipt of the completed

27  application, including all required information, and it must

28  notify the applicant of its determination within 10 business

29  days after receipt of the completed application and required

30  information.

31  

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 1         3.4.  Within 10 business days after receiving notice

 2  from the Office of Film and Entertainment of qualification of

 3  an applicant as a qualified production and a recommended

 4  approval of the maximum amount of tax credit to be awarded,

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

 6  certify the maximum tax credit award, if any. The

 7  certification shall be transmitted to the applicant and to the

 8  executive director of the Department of Revenue. The applicant

 9  shall be responsible for forwarding a certified application to

10  the Department of Revenue. Upon determination that all

11  criteria are met for qualification for reimbursement, The

12  Office of Film and Entertainment shall notify the applicant of

13  such approval. the office shall also notify the Office of

14  Tourism, Trade, and Economic Development of the applicant

15  approval and amount of reimbursement required. The Office of

16  Tourism, Trade, and Economic Development shall make final

17  determination for actual reimbursement.

18         4.5.  The Office of Film and Entertainment shall deny

19  an application if it determines that:

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

21  the requirements of this section; or

22         b.  The tax credit amount reimbursement sought does not

23  meet the requirements of this section for such reimbursement.

24         (4)  CREDIT REIMBURSEMENT ELIGIBILITY; SUBMISSION OF

25  REQUIRED DOCUMENTATION; APPLICATION RECOMMENDATIONS FOR

26  TRANSFER PAYMENT.--

27         (a)  Tax credit award.--A production of filmed

28  entertainment that is qualified by the Office of Film and

29  Entertainment and is certified by the Office of Tourism,

30  Trade, and Economic Development is eligible for a tax credit

31  for reimbursement of up to 15 percent of its qualified

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 1  qualifying expenditures in this state on a filmed

 2  entertainment program that demonstrates a minimum of $850,000

 3  in total qualified expenditures for the entire run of the

 4  project, versus the budget on a single episode, within the

 5  fiscal year from July 1 to June 30. However, the maximum

 6  reimbursement that may be made with respect to any filmed

 7  entertainment program is $2 million. All reimbursements under

 8  this section are subject to appropriation.

 9         (b)  Production spanning 2 state fiscal years.--A

10  qualified production that starts in one state fiscal year and

11  finishes in the next state fiscal year shall have all

12  qualified expenditures from both state fiscal years certified

13  for the latter state fiscal year. This requirement does not

14  apply to the commercials and music video queue described in

15  subparagraph (d)3.

16         (c)  Aggregate tax credit available.--The aggregate

17  amount of tax credits allowed under this section in any state

18  fiscal year is $25 million. If the total amount of allocated

19  tax credits applied for in any state fiscal year exceeds the

20  aggregate amount of tax credits authorized annually under this

21  section, such excess shall be treated as having been applied

22  for on the first day of the next state fiscal year in which

23  tax credits remain available for allocation. However, no more

24  than an aggregate amount of $100 million in tax credits shall

25  be allocated in state fiscal year 2006-2007, aggregate

26  allocations in state fiscal year 2007-2008 may not exceed $133

27  million, aggregate allocations in state fiscal year 2008-2009

28  may not exceed $166 million, and aggregate allocations in

29  state fiscal years 2009-2010 and thereafter may not exceed

30  $200 million. At such time as $200 million of tax credits have

31  been allocated, no additional tax credits shall be allocated.

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 1         (d)  Filmed entertainment queues.--Tax credits awarded

 2  Payments under this section in a state fiscal year shall be

 3  made to qualified productions according to a production's

 4  principal photography start date, for those qualified

 5  productions having entered into the first queue as cited in

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

 7  within the first 2 weeks after the queue's opening. All other

 8  qualified productions entering into either queue after the

 9  initial 2-week openings shall be on a first-come, first-served

10  basis until the appropriation for that fiscal year is

11  exhausted. On February 1 of each year, the remaining funds

12  within both queues shall be combined into a single queue and

13  distributed based on a project's principal photography start

14  date. The eligibility of qualified productions may not carry

15  over from year to year, but such productions may reapply for

16  eligibility under the guidelines established for doing so. The

17  Office of Film and Entertainment shall develop a procedure to

18  ensure that qualified productions continue on a reasonable

19  schedule until completion. If a qualified production is not

20  continued according to a reasonable schedule, the office shall

21  withdraw its eligibility and reallocate the funds to the next

22  qualified productions already in the queue that have yet to

23  receive their full maximum or 15-percent financial

24  reimbursement, if they have not started principal photography

25  by the time the funds become available.

26         1.  Film, television, and episodic queue.--Theatrical

27  or direct-to-video motion pictures, made-for-television

28  movies, commercials, music videos, industrial and educational

29  films, promotional videos or films, documentary films,

30  television specials, television series, including, but not

31  limited to, miniseries and telenovelas, and

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 1  digital-media-effects productions by the entertainment

 2  industry to be sold or displayed in an electronic medium that

 3  demonstrate a minimum of $625,000 in total qualified

 4  expenditures for the entire run of the project, which, for a

 5  television series, means a season even if the season is not

 6  completed in the same state fiscal year in which principal

 7  photography began, shall have their own separate queue

 8  established, and such queue shall have dedicated to it 60

 9  percent of all available tax credits in any state fiscal year

10  for which this section applies of the state incentive money.

11  The maximum tax credit award that may be made from this queue

12  for any single production is $2 million, unless the production

13  is a high-impact television series, in which case the

14  production shall be eligible for a maximum tax credit award of

15  $3 million, provided such production meets the other criteria

16  of this section. On March 1 of each year, the remaining tax

17  credits within this queue shall be merged into a general queue

18  and may be used for other purposes of this section as

19  determined by the Office of Film and Entertainment. A

20  television series, including, but not limited to, a qualified

21  high-impact television series, is not eligible for a tax

22  credit award under this section after its fifth production

23  season. A qualified high-impact television series shall be

24  allowed first position in this queue for its first five

25  production seasons in this state if the application is

26  received by the Office of Film and Entertainment within the

27  first 2 weeks after the queue's opening. A qualified

28  high-impact television series must file an application for

29  each state fiscal year in which it is eligible to receive the

30  credit, unless otherwise provided in this section.

31  

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 1         2.  Television pilot queue.--Television pilots and,

 2   presentations for television pilots for television series

 3  intended to be shot in this state and, or television series,

 4  including, but not limited to, drama, reality, comedy, soap

 5  opera, telenovela, game show, or miniseries productions, by

 6  the entertainment industry to be sold or displayed in an

 7  electronic medium that demonstrate a minimum of $625,000 in

 8  total qualified expenditures for the pilot episode or

 9  presentation shall have their own separate queue established,

10  and such queue shall have dedicated to it 20 40 percent of all

11  available tax credits in any given state fiscal year for which

12  this section applies of the state incentive money. The maximum

13  tax credit award that may be made from this queue for any

14  single project is $2 million. On March 1 of each year, the

15  remaining tax credits within this queue shall be merged into a

16  general queue and may be used for other purposes of this

17  section as determined by the Office of Film and Entertainment.

18         3.  Commercials and music video queue.--Commercials and

19  music videos by the entertainment industry to be sold or

20  displayed in an electronic medium that demonstrate a minimum

21  of $500,000 in combined total qualified expenditures from a

22  production company during the state fiscal year with a minimum

23  of $75,000 in qualified expenditures for each production shall

24  have their own separate queue established. Such queue shall

25  have dedicated to it 20 percent of available tax credits in

26  any given state fiscal year for which this section applies.

27  The maximum tax credit award that may be made from this queue

28  for any single production company is $500,000 for a state

29  fiscal year. On April 1 of each year, the remaining tax

30  credits within this queue shall be merged into a general queue

31  

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 1  and may be used for other purposes of this section as

 2  determined by the Office of Film and Entertainment.

 3         (e)  Loss of eligibility; reallocation of tax

 4  credits.--If a qualified production is not continued according

 5  to a reasonable schedule or the Office of Film and

 6  Entertainment is notified that a qualified production will no

 7  longer be produced, the office shall withdraw the production's

 8  eligibility for tax credits and reallocate the tax credits to

 9  the next qualified productions already in the queue that have

10  yet to receive a full tax credit if such next qualified

11  productions have not started principal photography by the time

12  the tax credits become available.

13         (f)  Verification of tax credit award.--The Office of

14  Film and Entertainment shall develop a process by which a

15  qualified production that has been certified by the Office of

16  Tourism, Trade, and Economic Development shall submit to the

17  Office of Film and Entertainment, in a timely manner after

18  production ends and after making all of its qualified

19  expenditures, verifying data to substantiate each qualified

20  expenditure. The Office of Film and Entertainment shall report

21  to the Office of Tourism, Trade, and Economic Development the

22  final verified amount of actual qualified expenditures made by

23  the qualified production. The Office of Tourism, Trade, and

24  Economic Development shall then notify the executive director

25  of the Department of Revenue that the qualified production has

26  met all requirements of the incentive program and shall

27  recommend the final amount of the tax credit.

28         (g)(b)  Use of tax credit; carry forward.--The tax

29  credit available under this section shall only be surrendered

30  in satisfaction of the tax owed by a qualified production

31  company under this chapter and only up to the face amount of

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 1  the credit. If the qualified production company cannot use the

 2  entire tax credit in the state fiscal year in which the credit

 3  is approved, any excess may be carried over to a succeeding

 4  state fiscal 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 state fiscal years

 7  following the state fiscal year in which the credit was

 8  approved. A digital-media-effects company in the state which

 9  furnishes digital material to filmed entertainment may be

10  eligible for a payment in an amount not to exceed 5 percent of

11  its annual gross revenues on qualified expenditures as defined

12  in paragraph (2)(c) before taxes or $100,000, whichever is

13  less. A company applying for payment must submit documentation

14  annually as required by the Office of Film and Entertainment

15  for determination of eligibility of claimed billing and

16  determination of the amount of payment for which the company

17  is eligible.

18         (h)(c)  Transfer of tax credits.--Upon application and

19  approval by the Department of Revenue, a taxpayer may sell or

20  assign, in whole or in part, a tax credit granted under this

21  section. The sale or assignment of any amount of the tax

22  credit may not be exchanged for consideration received by the

23  taxpayer of less than 85 percent of the transferred amount of

24  tax credit. The purchaser or assignee shall surrender the tax

25  credit in the state fiscal year acquired from the qualified

26  production company and otherwise may carry the tax credit over

27  subject to the same limitations on tax credit usage as the

28  qualified production company awarded the tax credit. The

29  purchaser may not sell, assign, or otherwise transfer the tax

30  credit. Tax credits granted by this section may not be sold or

31  assigned, in whole or in part, until all credits the taxpayer

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 1  is eligible to use under this chapter and chapter 212 are

 2  exhausted. The Department of Revenue may adopt rules pursuant

 3  to ss. 120.536(1) and 120.54 to administer this paragraph, as

 4  provided in paragraph (6)(b). A qualified relocation project

 5  that is certified by the Office of Film and Entertainment is

 6  eligible for a one-time incentive payment in an amount equal

 7  to 5 percent of its annual gross revenues before taxes for the

 8  first 12 months of conducting business in its Florida domicile

 9  or $200,000, whichever is less. A company applying for payment

10  must submit documentation as required by the Office of Film

11  and Entertainment for determination of eligibility of claimed

12  billing and determination of the amount of payment for which

13  the company is eligible.

14         (i)(d)  Noncorporate distributions of tax credits.--A

15  qualified production company that is not a corporation, as

16  defined in s. 220.03(1)(e), shall elect to make an

17  application, a digital-media-effects company, or a qualified

18  relocation project applying for a payment under this section

19  must submit documentation for claimed qualified expenditures

20  to the Department of Revenue as provided in paragraph (h) or

21  distribute tax credits awarded under this section to its

22  partners or members in proportion to the respective

23  distributive share of such partners' or members' income or

24  loss in the state fiscal year in which such tax credits were

25  approved. A tax credit granted under this section and applied

26  against taxes imposed under this chapter shall be carried

27  forward only for a maximum of 5 state fiscal years following

28  the state fiscal year in which the credit was approved Office

29  of Film and Entertainment. The Department of Revenue may adopt

30  rules pursuant to ss. 120.536(1) and 120.54 to administer this

31  paragraph, as provided in paragraph (6)(b).

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    Florida Senate - 2006                           CS for SB 2110
    577-2059-06




 1         (j)(e)  Use of tax credits.--A company may use the tax

 2  credit against the tax liability imposed under this chapter,

 3  in whole or in part, and against the tax liability imposed

 4  under chapter 212. The Office of Film and Entertainment shall

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

 6  whether an applicant meets the criteria for reimbursement and

 7  shall recommend the reimbursement amount. The Office of

 8  Tourism, Trade, and Economic Development shall make the final

 9  determination for actual reimbursement.

10         (5)  MARKETING REQUIREMENTS.--The Office of Film and

11  Entertainment shall ensure appropriate marketing materials,

12  including promotions of this state as a tourist or filming

13  destination, are required when appropriate to be included on

14  any filmed entertainment as a condition of receiving a tax

15  credit under this section. The Office of Film and

16  Entertainment shall consult with appropriate entities for the

17  development and implementation of marketing materials.

18         (6)(5)  RULES POLICIES AND PROCEDURES.--

19         (a)  The Office of Tourism, Trade, and Economic

20  Development shall adopt rules pursuant to ss. 120.536(1) and

21  120.54 policies and procedures to implement this section,

22  including, but not limited to, rules specifying requirements

23  for the application and approval process, records required for

24  submission for substantiation of credit awards for

25  reimbursement, and determination of and qualification for

26  credit awards, and marketing requirements for credit

27  recipients reimbursement.

28         (b)  The Department of Revenue may adopt rules pursuant

29  to ss. 120.536(1) and 120.54 to administer the provisions of

30  this section, including rules governing the manner and form of

31  documentation required to claim tax credits granted or

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    Florida Senate - 2006                           CS for SB 2110
    577-2059-06




 1  transferred under this section, and may establish guidelines

 2  as to the requisites for an affirmative showing of

 3  qualification for tax credits granted or transferred under

 4  this section.

 5         (7)(6)  FRAUDULENT CLAIMS.--

 6         (a)  Any applicant who submits an application under

 7  this section that includes fraudulent information is liable

 8  for reimbursement of the reasonable costs and fees associated

 9  with the review, processing, investigation, and prosecution of

10  the application.

11         (b)  An eligible entity or company that obtains a

12  credit payment under this section through a claim that it

13  knows is fraudulent is liable for reimbursement of the credit

14  amount paid plus a penalty in an amount double the credit

15  payment and reimbursement of reasonable costs, which penalty

16  is in addition to any criminal penalty to which the entity or

17  company is liable for the same acts, plus interest. The entity

18  or company is also liable for costs and fees incurred by the

19  state in investigating and prosecuting the fraudulent claim.

20         (8)(7)  ANNUAL REPORT.--The Office of Film and

21  Entertainment shall provide an annual report for the previous

22  state fiscal year, due October 1, to the Governor, the

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

24  Representatives outlining the return on investment to the

25  state on tax credits awarded funds expended pursuant to this

26  section.

27         (9)  REPEAL.--This section is repealed July 1, 2014.

28         Section 4.  Subsection (5) of section 477.0135, Florida

29  Statutes, is amended to read:

30         477.0135  Exemptions.--

31  

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    Florida Senate - 2006                           CS for SB 2110
    577-2059-06




 1         (5)  A license is not required of any individual

 2  providing makeup, special effects, or cosmetology services to

 3  an actor, stunt person, musician, extra, or other talent

 4  during a production recognized by the Office of Film and

 5  Entertainment as a qualified production as defined in s.

 6  220.192 288.1254(2). Such services are not required to be

 7  performed in a licensed salon. Individuals exempt under this

 8  subsection may not provide such services to the general

 9  public.

10         Section 5.  This act shall take effect July 1, 2006.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 2110

14                                 

15  The committee substitute differs from the bill in the
    following ways:
16  
    -    Provides that the entertainment industry tax credit may
17       be applied against sales tax as well as corporate income
         tax;
18  
    -    Limits tax credits per individual recipient by providing
19       that qualified productions are eligible for tax credits
         equal to 15 percent, rather than 100 percent, of
20       qualified expenditures;

21  -    Provides that the entertainment industry corporate income
         tax credits must be claimed after all other corporate
22       income tax credits are claimed;

23  -    Removes one of the categories of qualified productions
         that are eligible for tax credits, the independent film
24       and video queue;

25  -    Provides for maximum tax credit allocations allowed in
         certain fiscal years, and provides that once the maximum
26       allocations are met, no more credits can be allocated;

27  -    Provides that television series may only receive tax
         credits for the first 5 production seasons;
28  
    -    Authorizes the Department of Revenue to adopt rules to
29       administer the program; and

30  -    Requires that the Department of Revenue receive tax
         credit applications from the applicants and receive
31       notification of certification of qualified productions.

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