Senate Bill sb0096

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    Florida Senate - 2007                                    SB 96

    By Senator Saunders





    37-63-07

  1                      A bill to be entitled

  2         An act relating to entertainment industry

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

  4         providing for an entertainment industry credit

  5         of sales and use taxes paid on qualified

  6         expenditures; providing criteria, requirements,

  7         procedures, and limitations on the credit;

  8         providing for uses of the credit; providing

  9         duties and responsibilities of the Office of

10         Film and Entertainment and the Department of

11         Revenue; authorizing the Office of Tourism,

12         Trade, and Economic Development to adopt rules;

13         providing for liability for fraudulent credit

14         applications; amending s. 213.053, F.S.;

15         authorizing the Department of Revenue to

16         provide certain tax credit and tax refund

17         information to the Office of Film and

18         Entertainment and the Office of Tourism, Trade,

19         and Economic Development; amending s. 220.02,

20         F.S.; specifying the order in which the

21         entertainment industry tax credit may be

22         applied against certain taxes; creating s.

23         220.194, F.S.; providing for an entertainment

24         industry corporate income tax credit of a

25         percentage of certain qualified expenditures;

26         providing criteria, requirements, procedures,

27         and limitations on the credit; providing for

28         uses and allocations of the credit; authorizing

29         the Office of Tourism, Trade, and Economic

30         Development to adopt rules; providing for

31         liability for fraudulent credit applications;

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 1         providing for use and carryforward of the

 2         credit; providing for transfers of the credit;

 3         providing for noncorporate distributions of tax

 4         credits; authorizing the Department of Revenue

 5         to adopt rules; amending s. 288.1254, F.S.;

 6         revising the entertainment industry financial

 7         incentive program to provide corporate income

 8         tax and sales and use tax credits to qualified

 9         entertainment entities rather than

10         reimbursements from appropriations; revising

11         provisions relating to definitions, creation

12         and scope, application procedures, approval

13         process, eligibility, required documents,

14         qualified productions, and annual reports;

15         providing criteria and limitations for awards

16         of tax credits; providing marketing

17         requirements; requiring the Office of Tourism,

18         Trade, and Economic Development and the

19         Department of Revenue to adopt rules; providing

20         liability for reimbursement of certain costs

21         and fees associated with fraudulent

22         applications; providing for future repeal;

23         providing an effective date.

24  

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

26  

27         Section 1.  Paragraph (q) is added to subsection (5) of

28  section 212.08, Florida Statutes, to read:

29         212.08  Sales, rental, use, consumption, distribution,

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

31  the rental, the use, the consumption, the distribution, and

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

 2  following are hereby specifically exempt from the tax imposed

 3  by this chapter.

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

 5         (q)  Entertainment industry tax credit; authorization;

 6  eligibility for credits.--

 7         1.  Beginning July 1, 2007, a qualified production

 8  company is eligible for tax credits of taxes paid on qualified

 9  expenditures, as defined in s. 288.1254, as provided in this

10  paragraph:

11         a.  The credit shall be granted as a refund of sales

12  and use tax paid by a qualifying production company on

13  qualified expenditures in the fiscal year preceding the date

14  of application.

15         b.  To be eligible to receive the credit, an applicant

16  must be a qualified production company as defined in s.

17  288.1258(1)(b).

18         c.  A qualified production company may not be awarded

19  more than $2 million in tax credits under this paragraph and

20  s. 220.194 per year unless the production is a high-impact

21  television series, in which case the qualified production is

22  eligible for a maximum tax credit award of $3 million. The tax

23  credit available under this paragraph shall be surrendered

24  only in satisfaction of the tax owed by a qualified production

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

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

27  entire tax credit in the taxable year in which the credit is

28  approved, any excess may be carried over to a succeeding

29  taxable year. A tax credit granted under this paragraph and

30  applied against taxes imposed under this chapter may be

31  carried forward only for a maximum of 5 taxable years

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 1  following the taxable year in which the credit was approved.

 2  Five years after the date a credit is granted under this

 3  paragraph, the credit expires and may not be used.

 4         d.  The aggregate amount of tax credits allowed under

 5  this paragraph and s. 220.194 in any state fiscal year is $25

 6  million. If the total amount of allocated tax credits applied

 7  for in any state fiscal year exceeds the aggregate amount of

 8  tax credits authorized annually under this paragraph, such

 9  excess shall be treated as having been applied for on the

10  first day of the next state fiscal year in which tax credits

11  remain available for allocation. However, no more than an

12  aggregate amount of $30 million in tax credits shall be

13  allocated between July 1, 2007, and June 30, 2008. The

14  cumulative amount of credits which may be allocated between

15  July 1, 2007, and June 30, 2010, may not exceed $75 million.

16  After $75 million of tax credits have been allocated,

17  additional tax credits may not be allocated.

18         e.  The tax credits awarded under this paragraph may be

19  used only by the qualified production company to whom the

20  credits were awarded. Credits awarded under this paragraph may

21  not be sold, assigned, or otherwise transferred, in whole or

22  in part.

23         2.a.  To be eligible to receive the credit provided by

24  this paragraph, a qualified production company shall must

25  apply to the Office of Film and Entertainment before September

26  1 of each year for a refund of sales and use taxes paid on

27  qualified expenditures in the preceding fiscal year.

28         b.  The Office of Film and Entertainment shall develop,

29  with the cooperation of the department, a standardized

30  application form for use in applying for the credit.

31  

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 1         c.  Upon receipt of an application, the Office of Film

 2  and Entertainment shall review the application and information

 3  and determine whether or not the application is complete

 4  within 10 working days. An application may not be considered

 5  complete unless the application includes copies of invoices

 6  upon which Florida sales tax is separately stated, other proof

 7  that Florida tax was paid on the purchase of the qualified

 8  expenditures, and other documentation as required by the

 9  department. The Office of Film and Entertainment shall notify

10  the applicant within 15 calendar days of any deficiencies in

11  the application. Upon receipt of a completed application, the

12  Office of Film and Entertainment shall evaluate the

13  application for credit under this paragraph and issue an

14  approval or a denial to the applicant within an additional 15

15  calendar days. The Office of Film and Entertainment shall

16  provide the department with a copy of each completed

17  application that has been approved. Within 30 days after

18  receiving a copy of an approval, the department shall issue a

19  refund directly to the qualified production company in the

20  amount shown on the approval issued by the Office of Film and

21  Entertainment, notwithstanding s. 215.26. Section 212.095 does

22  not apply to this paragraph.

23         d.  The Office of Tourism, Trade, and Economic

24  Development may adopt rules pursuant to ss. 120.536(1) and

25  120.54 to administer this paragraph, including, but not

26  limited to, rules specifying requirements for the application

27  and approval process, records required for substantiating

28  credit awards, and the determination of and qualification for

29  credit awards.

30         3.a.  Any applicant who submits an application under

31  this paragraph which includes fraudulent information is liable

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 1  for reimbursement of the reasonable costs and fees associated

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

 3  the application.

 4         b.  An eligible entity or company that obtains a credit

 5  payment under this paragraph through a claim that is

 6  fraudulent is liable for reimbursement of the credit amount

 7  paid plus a penalty in an amount double the credit payment and

 8  reimbursement of reasonable costs, which penalty is in

 9  addition to any criminal penalty to which the entity or

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

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

12  state in investigating and prosecuting the fraudulent claim.

13         Section 2.  Paragraph (k) of subsection (8) of section

14  213.053, Florida Statutes, is amended, and paragraph (z) is

15  added to that subsection, to read:

16         213.053  Confidentiality and information sharing.--

17         (8)  Notwithstanding any other provision of this

18  section, the department may provide:

19         (k)1.  Payment information relative to chapters 199,

20  201, 212, 220, 221, and 624 to the Office of Tourism, Trade,

21  and Economic Development, or its employees or agents that are

22  identified in writing by the office to the department, in the

23  administration of the tax refund program for qualified defense

24  contractors authorized by s. 288.1045 and the tax refund

25  program for qualified target industry businesses authorized by

26  s. 288.106.

27         2.  Information relative to tax credits taken by a

28  business under s. 220.191 and exemptions or tax refunds

29  received by a business under s. 212.08(5)(j) and (q) to the

30  Office of Tourism, Trade, and Economic Development, or its

31  employees or agents that are identified in writing by the

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 1  office to the department, in the administration and evaluation

 2  of the capital investment tax credit program authorized in s.

 3  220.191 and the semiconductor, defense, and space tax

 4  exemption program authorized in s. 212.08(5)(j).

 5         (z)  Information relative to tax credits taken under s.

 6  220.194 and tax refunds received by a business under s.

 7  212.08(5)(q) to the Office of Film and Entertainment and the

 8  Office of Tourism, Trade, and Economic Development.

 9  

10  Disclosure of information under this subsection shall be

11  pursuant to a written agreement between the executive director

12  and the agency.  Such agencies, governmental or

13  nongovernmental, shall be bound by the same requirements of

14  confidentiality as the Department of Revenue.  Breach of

15  confidentiality is a misdemeanor of the first degree,

16  punishable as provided by s. 775.082 or s. 775.083.

17         Section 3.  Subsection (8) of section 220.02, Florida

18  Statutes, is amended to read:

19         220.02  Legislative intent.--

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

21  against either the corporate income tax or the franchise tax

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

23  631.828, those enumerated in s. 220.191, those enumerated in

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

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

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

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

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

29  those enumerated in s. 220.187, those enumerated in s.

30  220.192, and those enumerated in s. 220.193, and those

31  enumerated in s. 220.194.

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 1         Section 4.  Section 220.194, Florida Statutes, is

 2  created to read:

 3         220.194  Entertainment industry tax credit;

 4  authorization; eligibility for credits.--

 5         (1)  TAX CREDITS; ELIGIBILITY; AWARD;

 6  ALLOCATION.--Beginning July 1, 2007, a qualified production

 7  company is eligible for tax credits in the amount of 15

 8  percent of qualified expenditures, as defined in s. 288.1254.

 9         (a)  The credit shall be granted against the tax

10  imposed and owing under this chapter by a qualifying

11  production company for the taxable year in which the

12  application was granted.

13         (b)  To be eligible to receive the credit, an applicant

14  must be a qualified production company as defined in s.

15  288.1258(1)(b).

16         (c)  A qualified production company may not be awarded

17  more than a total of $2 million in tax credits under this

18  section and s. 212.08 per year unless the production is a

19  high-impact television series, in which case the production is

20  eligible for a maximum total tax credit award of $3 million

21  per year.

22         (2)  AGGREGATE TAX CREDIT AVAILABLE.--The aggregate

23  amount of tax credits allowed under this section and s.

24  212.08(5)(q) in any state fiscal year is $25 million. If the

25  total amount of allocated tax credits applied for in any state

26  fiscal year exceeds the aggregate amount of tax credits

27  authorized annually under this section, such excess shall be

28  treated as having been applied for on the first day of the

29  next state fiscal year in which tax credits remain available

30  for allocation. However, no more than an aggregate amount of

31  $30 million in tax credits shall be allocated between July 1,

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 1  2007, and June 30, 2008. The cumulative amount of credits

 2  which may be allocated between July 1, 2007, and June 30,

 3  2010, may not exceed $75 million. After $75 million of tax

 4  credits have been allocated, additional tax credits may not be

 5  allocated.

 6         (3)  RULES.--The Office of Tourism, Trade, and Economic

 7  Development may adopt rules pursuant to ss. 120.536(1) and

 8  120.54 to administer this section, including, but not limited

 9  to, rules specifying requirements for the application and

10  approval process, records required for substantiating credit

11  awards, and the determination of and qualification for credit

12  awards.

13         (4)  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         (5)  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

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 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         (6)  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 may not be exchanged for consideration received

15  by the qualified production company of less than 85 percent of

16  the transferred amount of tax credit. The qualified production

17  company must transfer at least 10 percent of the remaining

18  credits to each purchaser and may not conduct more than three

19  transfers. The purchaser of the tax credit granted under s.

20  288.1254 shall use the tax credit in the state fiscal year the

21  tax credit is acquired from the qualified production company

22  and otherwise may carry the tax credit over subject to the

23  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         (7)  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

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 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         (8)  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         (9)  RULES.--The Department of Revenue may adopt rules

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

16  section, including rules governing the manner and form of

17  documentation required to claim tax credits granted or

18  transferred under this section, and may establish guidelines

19  as to the requirements for an affirmative showing of

20  qualification for tax credits granted or transferred under

21  this section.

22         Section 5.  Section 288.1254, Florida Statutes, is

23  amended to read:

24         288.1254  Entertainment industry financial incentive

25  program; creation; purpose; definitions; application

26  procedure; approval process; reimbursement eligibility;

27  submission of required documentation; recommendations for

28  credit award payment; policies and procedures; fraudulent

29  claims.--

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

31  specific appropriation, There is created within the Office of

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 1  Film and Entertainment an entertainment industry financial

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

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

 4  sustaining the workforce and infrastructure providing

 5  production services for filmed entertainment.

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

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

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

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

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

11  documentary film, a television pilot, a television special, a

12  presentation for a television pilot, a television series,

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

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

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

16  entertainment industry to be sold or displayed in an

17  electronic medium, excluding news shows and sporting events.

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

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

20  produced by means of a motion picture camera, electronic

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

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

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

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

25  through the modification of already existing or newly created

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

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

28  compositing technologies. For purposes of this section, the

29  term "filmed entertainment" does not include the electronic

30  gaming industry or sporting events.

31  

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

 2  created to run multiple production seasons with an estimated

 3  order of at least seven episodes per season and qualified

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

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

 6  tangible, and intangible property used and services performed

 7  primarily or customarily in the production, including

 8  preproduction and postproduction, of qualified filmed

 9  entertainment. Production costs generally include, but are not

10  limited to:

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

12  amounts paid through payroll service companies, for technical

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

14  are residents of this state.

15         2.  Expenditures for sound stages, backlots, production

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

17  construction.

18         3.  Expenditures for rental equipment, including, but

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

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

21  and goods used in producing filmed entertainment that is

22  located and doing business in this state.

23         5.  Expenditures for goods and services used in

24  producing filmed entertainment.

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

26  incurred in this state within the current state fiscal year

27  for goods purchased or leased from or services provided by

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

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

30  this state or payments to residents of this state in the form

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

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 1  salaries, or other compensation paid to the two highest-paid

 2  residents of this state participating in the qualified

 3  production employees.

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

 5  entertainment that meets or exceeds minimum qualified makes

 6  expenditures required in this state for the total or partial

 7  production of filmed entertainment. Productions that are

 8  deemed by the Office of Film and Entertainment to contain

 9  obscene content, as defined by the United States Supreme

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

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

12  day of principal photography in this state occurred on or

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

14  Film and Entertainment or prior to certification by the Office

15  of Tourism, Trade, and Economic Development.

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

17  project" means a corporation, limited liability company,

18  partnership, corporate headquarters, or other legal private

19  entity engaged in the production of filmed entertainment that

20  is domiciled in another state or country and relocates its

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

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

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

24  television production, or postproduction.

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

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

27  filmed entertainment may submit an application to the Office

28  of Film and Entertainment for the purpose of determining

29  qualification for an award of credits against the taxes by the

30  sales tax paid on qualified expenditures as defined in s.

31  288.1254 and the corporate income tax imposed by chapter 220

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 1  receipt of reimbursement provided in this section. The office

 2  must be provided information required to determine if the

 3  production is a qualified production and to determine the

 4  qualified expenditures, production costs, and other

 5  information necessary for the office to determine both

 6  eligibility for the tax credit and level of reimbursement.

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

 8  furnishes digital material to filmed entertainment may submit

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

10  purpose of determining qualification for receipt of

11  reimbursement authorized by this section. The office must be

12  provided information required to determine if the company is

13  qualified and to determine the amount of reimbursement.

14         (c)  Any corporation, limited liability company,

15  partnership, corporate headquarters, or other private entity

16  domiciled in another state which includes as one of its

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

18  television production and which is considering relocation to

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

20  Entertainment for the purpose of determining qualification for

21  reimbursement under this section.

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

23  establish a process by which an application is accepted and

24  reviewed and reimbursement eligibility and reimbursement

25  amount are determined. The Office of Film and Entertainment

26  may request assistance from a duly appointed local film

27  commission in determining qualifications for reimbursement and

28  compliance.

29         1.2.  The Office of Film and Entertainment shall

30  develop a standardized application form for use in qualifying

31  an applicant as approving a qualified production, a qualified

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 1  relocation project, or a company qualifying under paragraph

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

 3  qualifying an applicant as a qualified production must

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

 5  information on employment, proposed total production budgets,

 6  planned expenditures in this state which are intended for use

 7  exclusively as an integral part of preproduction, production,

 8  or postproduction activities engaged primarily in this state,

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

10  Entertainment that the information on the application form has

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

12  distributed to applicants by the Office of Film and

13  Entertainment or local film commissions.

14         2.3.  Within 10 business days after receipt of an

15  application, the Office of Film and Entertainment shall review

16  the application to determine if the application contains all

17  the information required by this subsection and meets the

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

19  applications that contain the information and meet the

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

21  credit or shall notify the applicant that the requirements for

22  qualification have not been met. If the application is

23  qualified, the office shall recommend to the Office of

24  Tourism, Trade, and Economic Development approval of the

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

26  Film and Entertainment must complete its review of each

27  application within 5 days after receipt of the completed

28  application, including all required information, and it must

29  notify the applicant of its determination within 10 business

30  days after receipt of the completed application and required

31  information.

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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 the office 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 corporate tax

31  credits granted pursuant to s. 220.194 and credits against

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 1  sales tax paid on qualified expenditures pursuant to s.

 2  212.08(5)(q) in an amount equal a reimbursement of up to 15

 3  percent of its qualified qualifying expenditures.

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

 5  qualified production that starts in one state fiscal year and

 6  finishes in the next state fiscal year shall have all

 7  qualified expenditures from both state fiscal years certified

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

 9  apply to the commercials and music video queue described in

10  subparagraph (d)3.

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

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

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

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

15  aggregate amount of tax credits authorized annually under this

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

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

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

19  than an aggregate amount of $30 million in tax credits granted

20  pursuant to this section and ss. 212.08(5)(q) and 220.194

21  shall be allocated between July 1, 2007, and June 30, 2008.

22  The cumulative amount of credits which may be allocated

23  between July 1, 2007, and June 30, 2010, may not exceed $75

24  million. After $75 million of tax credits granted pursuant to

25  this section and ss. 212.08(5)(q) and 220.194 have been

26  allocated, additional tax credits may not be allocated in this

27  state on a filmed entertainment program that demonstrates a

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

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

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

31  However, the maximum reimbursement that may be made with

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 1  respect to any filmed entertainment program is $2 million. All

 2  reimbursements under this section are subject to

 3  appropriation.

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

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

 6  made to qualified productions according to a production's

 7  principal photography start date, for those qualified

 8  productions having entered into the first queue as cited in

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

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

11  qualified productions entering into either queue after the

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

13  basis until the appropriation for that fiscal year is

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

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

16  distributed based on a project's principal photography start

17  date. The eligibility of qualified productions may not carry

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

19  eligibility under the guidelines established for doing so. The

20  Office of Film and Entertainment shall develop a procedure to

21  ensure that qualified productions continue on a reasonable

22  schedule until completion. If a qualified production is not

23  continued according to a reasonable schedule, the office shall

24  withdraw its eligibility and reallocate the funds to the next

25  qualified productions already in the queue that have yet to

26  receive their full maximum or 15-percent financial

27  reimbursement, if they have not started principal photography

28  by the time the funds become available.

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

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

31  movies, commercials, music videos, industrial and educational

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 1  films, promotional videos or films, documentary films,

 2  television specials, television series, including, but not

 3  limited to, miniseries and telenovelas, and

 4  digital-media-effects productions by the entertainment

 5  industry to be sold or displayed in an electronic medium which

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

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

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

 9  completed in the same state fiscal year in which principal

10  photography began, shall have their own separate queue

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

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

13  for which this section applies. The maximum tax credit award

14  that may be made from this queue for any single production is

15  $2 million unless the production is a high-impact television

16  series, in which case the production shall be eligible for a

17  maximum tax credit award of $3 million if such production

18  meets the other criteria of this section. On March 1 of each

19  year, the remaining tax credits within this queue shall be

20  merged into a general queue and may be used for other purposes

21  of this section as determined by the Office of Film and

22  Entertainment. A television series, including, but not limited

23  to, a qualified high-impact television series, is not eligible

24  for a tax credit award under this section after its fifth

25  production season in this state. A qualified high-impact

26  television series shall be allowed first position in this

27  queue for its first five production seasons in this state if

28  the application is received by the Office of Film and

29  Entertainment within the first 2 weeks after the queue's

30  opening. A qualified high-impact television series must file

31  an application for each state fiscal year in which it is

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 1  eligible to receive the credit, unless otherwise provided in

 2  this section of the state incentive money.

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

 4  presentations for television pilots for television series

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

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

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

 8  the entertainment industry to be sold or displayed in an

 9  electronic medium which demonstrate a minimum of $625,000 in

10  total qualified expenditures for the pilot episode or

11  presentation shall have their own separate queue established,

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

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

14  this section applies. The maximum tax credit award that may be

15  made from this queue for any single pilot episode or

16  presentation is $2 million. On March 1 of each year, the

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

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

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

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

21  music videos by the entertainment industry to be sold or

22  displayed in an electronic medium which demonstrate a minimum

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

24  production company during the state fiscal year with a minimum

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

26  have their own separate queue established. Such queue shall

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

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

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

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

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

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

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

 3  determined by the Office of Film and Entertainment.

 4         (e)  Loss of eligibility; reallocation of tax

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

 6  to a reasonable schedule or the Office of Film and

 7  Entertainment is notified that a qualified production will no

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

 9  eligibility for tax credits and reallocate the tax credits to

10  the next qualified productions already in the queue which have

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

12  productions have not started principal photography by the time

13  the tax credits become available.

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

15  Film and Entertainment shall develop a process by which a

16  qualified production that has been certified by the Office of

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

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

19  production ends and after making all of its qualified

20  expenditures, verifying data to substantiate each qualified

21  expenditure. The Office of Film and Entertainment shall report

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

23  final verified amount of actual qualified expenditures made by

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

25  Economic Development shall then notify the executive director

26  of the Department of Revenue that the qualified production has

27  met all requirements of the incentive program and shall

28  recommend the final amount of the tax credit of the state

29  incentive money.

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

31  furnishes digital material to filmed entertainment may be

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

 2  its annual gross revenues on qualified expenditures as defined

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

 4  less. A company applying for payment must submit documentation

 5  annually as required by the Office of Film and Entertainment

 6  for determination of eligibility of claimed billing and

 7  determination of the amount of payment for which the company

 8  is eligible.

 9         (g)(c)  Transfer of tax credits.--Upon application and

10  approval by the Department of Revenue, a qualified production

11  company may sell, in whole or in part, a tax credit granted

12  pursuant to this section and s. 220.194. The sale of any

13  amount of the tax credit may not be exchanged for

14  consideration received by the qualified production company of

15  less than 85 percent of the transferred amount of tax credit.

16  The qualified production company must transfer at least 10

17  percent of the remaining credits to each purchaser and may not

18  conduct more than three transfers. The purchaser shall

19  surrender the tax credit in the state fiscal year acquired

20  from the qualified production company and otherwise may carry

21  the tax credit forward subject to the same limitations on tax

22  credit usage as the qualified production company awarded the

23  tax credit. The purchaser may not sell or otherwise transfer

24  the tax credit. The Department of Revenue may adopt rules

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

26  paragraph, as provided in paragraph (6)(b). A qualified

27  relocation project that is certified by the Office of Film and

28  Entertainment is eligible for a one-time incentive payment in

29  an amount equal to 5 percent of its annual gross revenues

30  before taxes for the first 12 months of conducting business in

31  its Florida domicile or $200,000, whichever is less. A company

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 1  applying for payment must submit documentation as required by

 2  the Office of Film and Entertainment for determination of

 3  eligibility of claimed billing and determination of the amount

 4  of payment for which the company is eligible.

 5         (h)(d)  Noncorporate distribution of tax credits.--A

 6  qualified production company that is not a corporation as

 7  defined in s. 220.03 shall elect to make an application to the

 8  Department of Revenue as provided in paragraph (g) or

 9  distribute tax credits awarded under this section to its

10  partners or members in proportion to the respective

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

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

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

14  against taxes imposed under this chapter shall be carried

15  forward only for a maximum of 5 taxable years following the

16  state fiscal year in which the credit was approved. The

17  Department of Revenue may adopt rules pursuant to ss.

18  120.536(1) and 120.54 to administer this paragraph, as

19  provided in paragraph (6)(b), a digital-media-effects company,

20  or a qualified relocation project applying for a payment under

21  this section must submit documentation for claimed qualified

22  expenditures to the Office of Film and Entertainment.

23         (i)(e)  Use of tax credits.--A qualified production

24  company may use the tax credit against the tax liability

25  imposed under s. 220.194, in whole or in part, or against the

26  sales tax paid under chapter 212 in whole or in part The

27  Office of Film and Entertainment shall notify the Office of

28  Tourism, Trade, and Economic Development whether an applicant

29  meets the criteria for reimbursement and shall recommend the

30  reimbursement amount. The Office of Tourism, Trade, and

31  

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 1  Economic Development shall make the final determination for

 2  actual reimbursement.

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

 4  Entertainment shall ensure that appropriate marketing

 5  materials, including, but not limited to, promotions of this

 6  state as a tourist or filming destination, are required, when

 7  appropriate, to be included on any filmed entertainment as a

 8  condition of receiving a tax credit under this section. The

 9  Office of Film and Entertainment shall consult with

10  appropriate entities for the development and implementation of

11  marketing materials.

12         (6)(5)  RULES POLICIES AND PROCEDURES.--

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

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

15  120.54 policies and procedures to implement this section,

16  including, but not limited to, rules specifying requirements

17  for the application and approval process, records required for

18  submission for substantiation of credit awards for

19  reimbursement, and determination of and qualification for

20  credit awards, and marketing requirements for credit

21  recipients reimbursement.

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

23  to ss. 120.536(1) and 120.54 to administer this section,

24  including rules governing the manner and form of documentation

25  required to claim tax credits granted or transferred under

26  this section, and may establish guidelines as to the

27  requisites for an affirmative showing of qualification for tax

28  credits granted or transferred under this section.

29         (7)(6)  FRAUDULENT CLAIMS.--

30         (a)  Any applicant who submits an application under

31  this section which includes fraudulent information is liable

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 1  for reimbursement of the reasonable costs and fees associated

 2  with the review, processing, investigation, and prosecution.

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

 4  credit payment under this section through a claim that it

 5  knows is fraudulent is liable for reimbursement of the credit

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

 7  payment and reimbursement of reasonable costs, which penalty

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

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

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

11  state in investigating and prosecuting the fraudulent claim.

12         (8)(7)  ANNUAL REPORT.--The Office of Film and

13  Entertainment shall provide an annual report for the previous

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

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

16  Representatives outlining the return on investment to the

17  state on tax credits awarded funds expended pursuant to this

18  section.

19         (9)  REPEAL.--This section is repealed July 1, 2010.

20         Section 6.  This act shall take effect July 1, 2007.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides for an entertainment industry credit of sales
      and use taxes paid on qualified expenditures. Provides
 4    criteria, requirements, procedures, and limitations on
      the credit. Provides for uses of the credit. Provides
 5    duties and responsibilities of the Office of Film and
      Entertainment and the Department of Revenue. Authorizes
 6    the Office of Tourism, Trade, and Economic Development to
      adopt rules. Provides for liability for fraudulent credit
 7    applications. Authorizes the Department of Revenue to
      provide certain tax credit and tax refund information to
 8    the Office of Film and Entertainment and the Office of
      Tourism, Trade, and Economic Development. Revises the
 9    order of priority list of applicable credits against
      certain taxes. Provides for an entertainment industry
10    corporate income tax credit of a percentage of certain
      qualified expenditures. Provides criteria, requirements,
11    procedures, and limitations on the credit. Provides for
      uses and allocations of the credit. Authorizes the Office
12    of Tourism, Trade, and Economic Development to adopt
      rules. Provides for liability for fraudulent credit
13    applications. Provides for use and carryforward of the
      credit. Provides for transfers of the credit. Provides
14    for noncorporate distributions of tax credits. Authorizes
      the Department of Revenue to adopt rules. Revises the
15    entertainment industry financial incentive program to
      provide corporate income tax and sales and use tax
16    credits to qualified entertainment entities rather than
      reimbursements from appropriations. Revises provisions
17    relating to definitions, creation and scope, application
      procedures, approval process, eligibility, required
18    documents, qualified productions, and annual reports.
      Provides criteria and limitations for awards of tax
19    credits. Provides marketing requirements. Requires the
      Office of Tourism, Trade, and Economic Development and
20    the Department of Revenue to adopt rules. Provides
      liability for reimbursement of certain costs and fees
21    associated with fraudulent applications. Provides for
      future repeal.
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