Senate Bill sb0096c1

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    Florida Senate - 2007                             CS for SB 96

    By the Committee on Commerce; and Senator Saunders





    577-2118-07

  1                      A bill to be entitled

  2         An act relating to the entertainment industry;

  3         amending s. 212.08, F.S., providing for

  4         inclusion of the tax credits granted to certain

  5         productions under s. 288.1254, F.S., in

  6         exemptions to the sales tax; providing

  7         requirements and procedures concerning

  8         electronic funds transfer and deduction of the

  9         credit; amending s. 288.1254, F.S.; revising

10         the entertainment industry financial incentive

11         program to allow a credit against corporate

12         income taxes and sales and use taxes to

13         qualified entertainment entities rather than

14         reimbursements from appropriations; providing

15         definitions; creating the program within the

16         Office of Film and Entertainment; providing

17         purpose of the program; providing for submittal

18         and approval of an application under the

19         program; providing for review by the Office of

20         Film and Entertainment, the Office of Tourism,

21         Trade, and Economic Development, and the

22         Department of Revenue; providing standards for

23         review; providing for verification of which

24         expenditures concerning an entertainment

25         production qualify for a tax credit under the

26         program; requiring various determinations by

27         the Office of Film and Entertainment, the

28         Office of Tourism, Trade, and Economic

29         Development, and the Department of Revenue

30         concerning the verification or award of the tax

31         credit; requiring inclusion of marketing

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    Florida Senate - 2007                             CS for SB 96
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 1         materials promoting this state as a condition

 2         of receiving a tax credit; providing criteria

 3         concerning eligibility for the tax credit;

 4         providing for the total aggregate amount

 5         available for tax credits; providing for use or

 6         transfer of the tax credit; providing for

 7         carryover of the tax credit in certain

 8         circumstances; providing for use of the tax

 9         credit in a consolidated return; providing for

10         distribution of the tax credit to partners in

11         certain circumstances; providing for succession

12         of tax credits; providing requirements

13         concerning transfer of tax credits; requiring

14         certain recipients of transferred tax credits

15         to pay a fee; providing for deposit of such

16         fees to the Grants and Donations Trust Fund;

17         providing for use of funds so deposited for

18         grants concerning film education; providing

19         priorities for allocation of tax credits;

20         providing for withdrawal of tax credit

21         eligibility; establishing queues; specifying

22         requirements concerning each queue; authorizing

23         the Office of Tourism, Trade, and Economic

24         Development to adopt rules, policies, and

25         procedures; authorizing the Department of

26         Revenue to adopt rules and conduct audits;

27         providing for revocation and forfeiture of tax

28         credits; providing liability for reimbursement

29         of certain costs and fees associated with a

30         fraudulent claim concerning a tax credit;

31         requiring an annual report to the Governor and

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    Florida Senate - 2007                             CS for SB 96
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 1         the Legislature; providing for future repeal;

 2         creating s. 288.1256, F.S.; requiring the

 3         Office of Film and Entertainment to use

 4         specified funds to award a grant or loan

 5         guarantee for films meeting specified criteria;

 6         amending s. 213.053, F.S.; providing for

 7         disclosure by the Department of Revenue of

 8         certain information concerning the tax credits

 9         granted under s. 288.1254, F.S., under certain

10         conditions; amending s. 220.02, F.S.; including

11         the corporate income tax credits enumerated in

12         s. 288.1254, F.S., in the order of application

13         of credits against certain taxes; amending s.

14         288.1252, F.S.; providing additional duties of

15         the Florida Film and Entertainment Advisory

16         Council; repealing s. 288.1255, F.S., relating

17         to funding for the entertainment industry

18         financial incentive program; providing an

19         effective date.

20  

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

22  

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

24  section 212.08, Florida Statutes, to read:

25         212.08  Sales, rental, use, consumption, distribution,

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

27  the rental, the use, the consumption, the distribution, and

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

29  following are hereby specifically exempt from the tax imposed

30  by this chapter.

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

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    Florida Senate - 2007                             CS for SB 96
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 1         (q)  Entertainment industry tax credit; requirement for

 2  electronic funds transfer.--

 3         1.  For the fiscal years beginning July 1, 2007, and

 4  ending June 30, 2010, a qualified production, as defined in s.

 5  288.1254(1), is eligible for tax credits against its state

 6  sales and use tax liabilities as provided in s. 288.1254.

 7         2.  The credit shall be deducted from any sales and use

 8  tax remitted by the dealer to the department by electronic

 9  funds transfer and may be deducted only on a tax return

10  initiated through electronic data interchange. The dealer must

11  separately state the credit on the electronic return. The net

12  amount of tax due and payable must be remitted by electronic

13  funds transfer. If the credit for the qualified expenditure is

14  larger than the amount owed on the sales and use tax return,

15  the amount of the credit may be carried forward to a

16  succeeding reporting period. A dealer may obtain a credit only

17  using the method described in this subparagraph. A dealer may

18  not obtain a credit by applying for a refund.

19         Section 2.  Section 288.1254, Florida Statutes, is

20  amended to read:

21         (Substantial rewording of section. See

22         s. 288.1254, F.S., for present text.)

23         288.1254  Entertainment industry financial incentive

24  program.--

25         (1)  DEFINITIONS.--As used in this section, the term:

26         (a)  "Certified production" means a qualified

27  production that has tax credits allocated to it based on its

28  estimated qualified expenditures, up to its maximum certified

29  amount of tax credits, by the Office of Tourism, Trade, and

30  Economic Development. The term excludes a production if its

31  first day of principal photography in this state occurred

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    Florida Senate - 2007                             CS for SB 96
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 1  before the production is certified by the Office of Tourism,

 2  Trade, and Economic Development, unless the production spans

 3  more than 1 fiscal year, was a certified production on the

 4  first day of such photography, and is required to submit an

 5  application for continuing the same production in the

 6  subsequent year.

 7         (b)  "Digital media project" means a production of

 8  interactive entertainment which is produced for distribution

 9  in commercial or educational markets, including a video game,

10  simulation, or animation, or a production intended for

11  Internet or wireless distribution. The term excludes a

12  production deemed by the Office of Film and Entertainment to

13  contain obscene content as defined in s. 847.001(10).

14         (c)  "High-impact television series" means a production

15  created to run multiple production seasons having an estimated

16  order of at least seven episodes per season and qualified

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

18         (d)  "Off-season certified production" means a

19  production, other than a digital media project or an animated

20  production, which films 75 percent or more of its principal

21  photography days from June 1 through November 30.

22         (e)  "Production" means a theatrical or direct-to-video

23  motion picture, a made-for-television motion picture, a

24  commercial, a music video, an industrial or educational film,

25  an infomercial, a documentary film, a television pilot

26  program, a presentation for a television pilot program, a

27  television series, including, but not limited to, a drama, a

28  reality show, a comedy, a soap opera, a telenovela, a game

29  show, a miniseries production, or a digital media project by

30  the entertainment industry. One season of a television series

31  is considered one production. The term excludes a weather or

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    Florida Senate - 2007                             CS for SB 96
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 1  market program, a sporting event, a sports show, a gala, a

 2  production that solicits funds, a home shopping program, a

 3  political program, a political documentary, political

 4  advertising, a gambling-related project or production, a

 5  concert production, a news show, a current-events show, or a

 6  current-affairs show that is local, regional, or distributed

 7  only on the Internet. A production may be produced on or by

 8  film, tape, or otherwise by means of a motion picture camera,

 9  electronic camera or device, tape device, computer, any

10  combination of the foregoing, or any other means, method, or

11  device now used or later adopted.

12         (f)  "Production expenditures" means the costs of

13  tangible and intangible property used and services performed

14  primarily and customarily in the production, including

15  preproduction and postproduction, excluding costs for

16  development, marketing, and distribution. Production

17  expenditures include, but are not limited to:

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

19  amounts paid through payroll service companies, for technical

20  and production crews, directors, producers, and performers.

21         2.  Expenditures for sound stages, backlots, production

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

23  construction.

24         3.  Expenditures for rental equipment, including, but

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

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

27         (g)  "Qualified expenditures" means production

28  expenditures incurred in this state by a qualified production

29  for:

30         1.  Goods purchased or leased from, or services

31  provided by, a vendor or supplier in this state which is

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    Florida Senate - 2007                             CS for SB 96
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 1  registered with the Department of State or the Department of

 2  Revenue and doing business in this state.

 3         2.  Payments to residents of this state in the form of

 4  salary, wages, or other compensation up to a maximum of

 5  $400,000 per resident for the general production queue and the

 6  independent Florida filmmaker queue and up to a maximum of

 7  $200,000 for the digital media queue.

 8  

 9  For a qualified production involving an event, such as an

10  awards show, the term excludes expenditures solely associated

11  with the event itself and not directly required by the

12  production. The term excludes expenditures prior to

13  certification, with the exception of those incurred for a

14  commercial, a music video, or the pickup of additional

15  episodes of a television series within a single season.

16         (h)  "Qualified production" means a production in this

17  state meeting the requirements of this section and the minimum

18  qualified expenditures and requirements of its appropriate

19  queue. The term excludes a production:

20         1.  In which less than 50 percent of the positions that

21  make up its production cast and below-the-line production crew

22  are filled by residents of this state, whose residency is

23  demonstrated by a valid Florida driver's license or other

24  state-issued identification confirming residency, or students

25  enrolled full-time in a film-and-entertainment-related course

26  of study at an institution of higher education in this state;

27  or

28         2.  That is deemed by the Office of Film and

29  Entertainment to contain obscene content as defined in s.

30  847.001(10).

31  

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    Florida Senate - 2007                             CS for SB 96
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 1         (i)  "Qualified production company" means a

 2  corporation, limited liability company, partnership, or other

 3  legal entity engaged in producing a qualified production.

 4         (2)  CREATION AND PURPOSE OF PROGRAM.--The

 5  entertainment industry financial incentive program is created

 6  within the Office of Film and Entertainment. The purpose of

 7  this program is to encourage the use of this state as a site

 8  for filming and to develop and sustain the workforce and

 9  infrastructure for film and entertainment production.

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

11         (a)  A qualified production company in this state

12  producing a qualified production may submit a program

13  application to the Office of Film and Entertainment for the

14  purpose of determining qualification for an award of the tax

15  credit. The application must be submitted no earlier than 1

16  year before the date the production is anticipated to start.

17  The applicant shall provide the office with information

18  required to determine whether the production is a qualified

19  production and to determine the qualified expenditures and

20  other information necessary for the office to determine

21  eligibility for the tax credit.

22         (b)  The Office of Film and Entertainment shall develop

23  a application form for use in qualifying an applicant as a

24  qualified production. The form must include, but need not be

25  limited to, production-related information concerning

26  employment of residents in this state, a detailed budget of

27  planned qualified expenditures, and the applicant's signed

28  affirmation that the information on the form has been verified

29  and is correct. The Office of Film and Entertainment and local

30  film commissions shall distribute the form.

31  

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    Florida Senate - 2007                             CS for SB 96
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 1         (c)  The Office of Film and Entertainment shall

 2  establish a process by which an application is accepted and

 3  reviewed and by which tax credit eligibility and amount are

 4  determined. The office may request assistance from a duly

 5  appointed local film commission in determining qualification

 6  for the tax credit and compliance with this section.

 7         (d)  The Office of Film and Entertainment shall review

 8  the application within 10 business days after receipt. Upon

 9  its determination that the application contains all the

10  information required by this subsection and meets the criteria

11  set out in this section, the office shall qualify the

12  applicant and recommend to the Office of Tourism, Trade, and

13  Economic Development that the applicant be certified for the

14  tax credit and suggest a maximum tax credit award amount.

15  Within 5 business days after receipt of the recommendation,

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

17  reject the recommendation or certify the maximum recommended

18  tax credit award, if any, to the applicant and to the

19  executive director of the Department of Revenue.

20         (e)  The Office of Film and Entertainment shall deny an

21  application if it determines that the application is not

22  complete, the production does not meet the requirements of

23  this section, or the tax credit sought does not meet the

24  requirements of this section.

25         (f)  The Office of Film and Entertainment shall develop

26  a process to verify the actual qualified expenditures of a

27  certified production. The process must require:

28         1.  A certified production to submit, in a timely

29  manner after production ends and after making all of its

30  qualified expenditures, data substantiating each qualified

31  

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    Florida Senate - 2007                             CS for SB 96
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 1  expenditure to an independent certified public accountant

 2  licensed in this state;

 3         2.  Such accountant to conduct an audit, at the

 4  certified production's expense, to substantiate each qualified

 5  expenditure and submit the results as a report, along with all

 6  substantiating data, to the Office of Film and Entertainment;

 7         3.  The Office of Film and Entertainment to review the

 8  accountant's submittal and report to the Office of Tourism,

 9  Trade, and Economic Development the final verified amount of

10  actual qualified expenditures made by the certified

11  production;

12         4.  The Office of Tourism, Trade, and Economic

13  Development to thereafter notify the executive director of the

14  Department of Revenue that the certified production has met

15  the requirements of the incentive program;

16         5.  The Department of Revenue to approve the final

17  amount of the tax credit award; and

18         6.  The Office of Tourism, Trade, and Economic

19  Development to award all tax credits for the previous fiscal

20  year by September 30.

21         (g)  The Office of Film and Entertainment shall ensure

22  that, as a condition of receiving a tax credit under this

23  section, marketing materials promoting this state as a tourist

24  destination or film and entertainment production destination

25  are included, when appropriate, at no cost to the state, which

26  must, at a minimum, include placement in the end credits of a

27  "Filmed in Florida" logo with size and placement commensurate

28  to other logos included in the end credits or, if no logos are

29  used, the statement "Filmed in Florida using Florida's

30  Entertainment Industry Financial Incentive," or a similar

31  statement approved by the Office of Film and Entertainment

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 1  before such placement. The Office of Film and Entertainment

 2  shall develop a "Filmed in Florida" logo and supply it for the

 3  purposes specified in this paragraph.

 4         (4)  TAX CREDIT ELIGIBILITY; ELECTION AND DISTRIBUTION;

 5  CARRYFORWARD; CONSOLIDATED RETURNS; PARTNERSHIP AND

 6  NONCORPORATE DISTRIBUTIONS; MERGERS OR ACQUISITIONS.--

 7         (a)  For fiscal years beginning on or after July 1,

 8  2007, and ending June 30, 2010, a qualified production is

 9  eligible for a tax credit against taxes due under chapter 220

10  or taxes collected or accrued under chapter 212.

11         (b)  The total aggregate amount of the tax credits

12  allowed under this section in any state fiscal year is a

13  minimum of $75 million.

14         (c)  A certified production company receiving a tax

15  credit award under this section shall, at the time the credit

16  is awarded by the Office of Tourism, Trade, and Economic

17  Development after production is completed and all requirements

18  to receive a credit award have been met, make an irrevocable

19  election to apply the credit against taxes due under chapter

20  220, against taxes collected or accrued under chapter 212, or

21  against a stated combination of the two taxes. The election is

22  binding upon any distributee, successor, transferee, or

23  purchaser.

24         (d)  If the certified production company cannot use the

25  entire tax credit in the taxable year or reporting period in

26  which the credit is awarded because of insufficient tax

27  liability on the part of the certified production, any excess

28  amount may be carried forward to a succeeding taxable year or

29  reporting period. A tax credit awarded under this section and

30  applied against taxes imposed under chapter 212 or chapter 220

31  may be carried forward for a maximum of 5 taxable years after

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    Florida Senate - 2007                             CS for SB 96
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 1  the taxable year in which the credit was awarded, after which

 2  period the credit expires and may not be used.

 3         (e)  A certified production company that files a

 4  Florida consolidated return as a member of an affiliated group

 5  under s. 220.131(1) may be allowed the credit on a

 6  consolidated return basis up to the amount of the tax imposed

 7  upon the consolidated group under chapter 220.

 8         (f)  A qualified production company that is not a

 9  corporation as defined in s. 220.03 may elect to distribute

10  tax credits awarded under this section to its partners or

11  members in proportion to their respective distributive income

12  or loss in the taxable fiscal year in which the tax credits

13  were awarded.

14         (g)  Tax credits available under this section to a

15  certified production company may succeed to a surviving or

16  acquiring entity subject to the same conditions and

17  limitations as this section would apply to the transferring

18  company; however, the surviving or acquiring entity may not

19  transfer the credits again.

20         (5)  TRANSFER OF TAX CREDITS.--

21         (a)  After application to the Office of Film and

22  Entertainment and approval by the Office of Tourism, Trade,

23  and Economic Development, a certified production company may

24  elect to transfer, in whole or in part, any unused credit

25  amount granted under this section. An election to transfer any

26  unused tax credit amount under chapter 212 must be made at the

27  time the tax credit is awarded. An election to transfer any

28  unused tax credit amount under chapter 220 must be made no

29  later than 5 years after the date the credit was awarded,

30  after which period the credit expires and may not be used. The

31  

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    Florida Senate - 2007                             CS for SB 96
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 1  Office of Tourism, Trade, and Economic Development shall

 2  notify the Department of Revenue of the election and transfer.

 3         (b)  A certified production company that has elected to

 4  apply a credit amount against taxes:

 5         1.  Remitted under chapter 212 may make a one-time

 6  transfer of a tax credit in that amount to one transferee.

 7         2.  Due under chapter 220 is permitted a one-time

 8  transfer of that amount to no more than four transferees, and

 9  such transfers must occur in the same taxable year.

10         (c)  The transfer or purchase of any amount of the tax

11  credit may not be exchanged for any less than 75 percent of

12  the credit's value.

13         (d)  The transferee is subject to the same rights and

14  limitations as the certified production company awarded the

15  tax credit, except that the transferee may not sell or

16  otherwise transfer the tax credit.

17         (e)  A company that has entered into a contract to

18  transfer a credit under this section shall provide the Office

19  of Film and Entertainment with written notice of the transfer

20  on a form approved by the Office of Tourism, Trade, and

21  Economic Development and signed by the certified production

22  and the transferee. The notice must be received by the office

23  no more than 5 business days before the company transfers the

24  credit and must describe the terms of the transfer and the

25  intention of any purchaser to allocate payment for the film

26  education program under paragraph (f) at the time the transfer

27  is made.

28         (f)  Fees collected under this paragraph are subject to

29  specific appropriation by the Legislature. Each purchaser of a

30  tax credit transferred under this subsection, except when the

31  purchaser is an investor, investment company, or a company

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 1  that is affiliated with the certified production, shall pay a

 2  fee equal to 5 percent of the total amount paid for the tax

 3  credit into the Grants and Donations Trust Fund administered

 4  by the Office of Tourism, Trade, and Economic Development for

 5  film education programs. Fifty percent of the fees collected

 6  under this paragraph must be made available to the Office of

 7  Film and Entertainment for the purpose described in s.

 8  288.1256. The remaining 50 percent of the fees collected under

 9  this paragraph must be provided to film and digital media

10  programs at institutes of higher education in this state which

11  programs are approved by the Office of Film and Entertainment.

12  A purchaser who pays fees under this paragraph may choose the

13  approved film or digital media program to receive the funds. A

14  program receiving funds under this paragraph shall use the

15  funds to provide a grant toward production costs for a

16  student-made production that does not contain obscene content

17  as defined in s. 847.001(10).

18         (6)  PRIORITY FOR ALLOCATION OF TAX CREDITS; WITHDRAWAL

19  OF ELIGIBILITY; QUEUES.--

20         (a)  The priority of a qualified production for a tax

21  credit award must be determined on a first-come, first-served

22  basis within its appropriate queue. Each qualified production

23  must be placed into the appropriate queue and is subject to

24  the requirements of that queue.

25         (b)  Each qualified production or certified production

26  shall continue on a reasonable schedule, which means beginning

27  principal photography in this state no more than 45 calendar

28  days before or after the date for such commencement which was

29  provided in the program's application under subsection (3).

30  The Office of Tourism, Trade, and Economic Development shall

31  withdraw the eligibility of a qualified production or a

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 1  certified production for a tax credit under this section if

 2  any such production does not continue on a reasonable

 3  schedule. The office shall recertify the tax credits within

 4  the queue of any production from which eligibility is

 5  withdrawn under this paragraph.

 6         (c)  At least 85 percent of all tax credits available

 7  under this section in any state fiscal year must be dedicated

 8  to the general production queue. Within this queue:

 9         1.  A qualified production, excluding commercials,

10  music videos, and digital media projects, which demonstrates a

11  minimum of $625,000 in qualified expenditures is eligible for

12  tax credits equal to 15 percent of its actual qualified

13  expenditures up to a maximum of $8 million. A qualified

14  production spanning multiple state fiscal years may combine

15  qualified expenditures from such fiscal years to satisfy the

16  threshold.

17         2.  A qualified production company that produces

18  national, international, or regional commercials, or music

19  videos may be eligible for a tax credit award if it

20  demonstrates a minimum of $100,000 in qualified expenditures

21  per national, international, or regional commercial or music

22  video and exceeds a combined threshold of $500,000 after

23  combining actual qualified expenditures from qualified

24  commercials and music videos during a single state fiscal

25  year. After a qualified production company that produces

26  commercials, music videos, or both reaches the threshold of

27  $500,000, it is eligible to apply for certification for a tax

28  credit award. The maximum tax credit award is an amount that

29  is equal to the greater of 15 percent of its actual qualified

30  expenditures or $500,000.

31  

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 1         3.  An off-season certified production is eligible for

 2  an additional 5-percent tax credit on actual qualified

 3  expenditures. An off-season certified production that does not

 4  complete 75 percent of principal photography due to disruption

 5  caused by a hurricane or tropical storm may not be

 6  disqualified from eligibility for the additional 5-percent

 7  credit as a result of the disruption.

 8         4.  All qualified expenditures of a certified

 9  production that spans multiple state fiscal years must be

10  certified for the fiscal year in which the making of the last

11  actual qualified expenditure is anticipated.

12         5.  Each qualified production shall make a good faith

13  effort to the existing providers of infrastructure or

14  equipment in this state, including providers of camera gear,

15  grip and lighting equipment, vehicle providers, and

16  postproduction services when available in-state.

17         6.  A qualified high-impact television series must be

18  given first position in this queue for tax credits not yet

19  certified.

20         (d)  Five percent of all tax credits available under

21  this section in any state fiscal year, but not more than $2

22  million in any state fiscal year, must be dedicated to the

23  independent Florida filmmaker queue. An independent Florida

24  film that meets the criteria of this queue and demonstrates a

25  minimum of $100,000, but not more than $625,000, in total

26  qualified expenditures is eligible for tax credits equal to 15

27  percent of its actual qualified expenditures. Within this

28  queue, all qualified expenditures of a certified production

29  that spans multiple state fiscal years must be certified for

30  the fiscal year in which the making of the last actual

31  

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 1  qualified expenditure is anticipated. To qualify for this

 2  queue, a qualified production must:

 3         1.  Be planned as a feature film or documentary of no

 4  less than 70 minutes in length.

 5         2.  Provide evidence of 50 percent of the financing for

 6  its total budget in an escrow account or other form dedicated

 7  to the production.

 8         3.  Do all major postproduction in this state.

 9         4.  Employ Florida workers in at least six of the

10  following key positions: writer, director, producer, director

11  of photography, star or one of the lead actors, unit

12  production manager, editor, or production designer. As used in

13  this subparagraph, the term "Florida worker" means a person

14  who has been a resident of this state for at least 1 year

15  before  a production's application under subsection (3) was

16  submitted or a person who graduated from a film school,

17  college, university, or community college in this state no

18  more than 5 years before such submittal or who is enrolled

19  full-time in such a school, college, or university.

20         (e)  Ten percent of all tax credits available under

21  this section in any state fiscal year shall be dedicated to

22  the digital media projects queue. A qualified production that

23  is a digital media project that demonstrates a minimum of

24  $300,000 in total qualified expenditures is eligible for a tax

25  credit equal to 10 percent of its actual qualified

26  expenditures up to a maximum of $1 million. As used in this

27  paragraph, the term "qualified expenditures" means the wages

28  or salaries paid to a resident of this state for working on a

29  single qualified digital media project, up to a maximum of

30  $200,000 in wages or salaries paid per resident. A qualified

31  production company producing digital media projects may not

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 1  qualify for more than three projects in any 1 fiscal year.

 2  Projects that extend beyond a fiscal year must reapply each

 3  fiscal year in order to be eligible for a tax credit award for

 4  that year.

 5         (7)  RULES, POLICIES, AND PROCEDURES.--

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

 7  Development may adopt rules under ss. 120.536(1) and 120.54

 8  and develop policies and procedures to administer this

 9  section, including, but not limited to, rules specifying

10  requirements for the application and approval process, records

11  required for substantiation for tax credits, procedures for

12  making the election in paragraph (4)(c), the manner and form

13  of documentation required to claim tax credits awarded or

14  transferred under this section, determination of,

15  qualification for, and certification for tax credits,

16  implementation of the Florida Graduate Film Investment Fund in

17  s. 288.1256, and marketing requirements for tax credit

18  recipients.

19         (b)  The Department of Revenue may adopt rules under

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

21  including rules governing the examination and audit procedures

22  required to administer this section and the manner and form of

23  documentation required to claim tax credits awarded or

24  transferred under this section.

25         (8)  AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX

26  CREDITS; FRAUDULENT CLAIMS.--

27         (a)  The Department of Revenue may conduct examinations

28  and audits as provided in s. 213.34 to verify that tax credits

29  under this section have been received, transferred, and

30  applied according to the requirements of this section. This

31  information is subject to the confidentiality requirements of

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 1  chapter 213. If the Department of Revenue determines that tax

 2  credits have not been received, transferred, or applied as

 3  required by this section, it may, in addition to the remedies

 4  provided in this subsection, pursue recovery of such funds

 5  under laws and rules governing the assessment of taxes.

 6         (b)  The Office of Tourism, Trade, and Economic

 7  Development may revoke or modify any written decision

 8  qualifying, certifying, or otherwise granting eligibility for

 9  tax credits under this section if it is discovered that the

10  applicant submitted any false statement, representation, or

11  certification in any application, record, report, plan, or

12  other document filed in an attempt to receive tax credits

13  under this section. The Office of Film and Entertainment shall

14  immediately notify the Department of Revenue of any revoked or

15  modified orders affecting previously granted tax credits.

16  Additionally, the applicant shall notify the Department of

17  Revenue of any change in a claim it has filed for a tax credit

18  under this section.

19         (c)  A determination by the Department of Revenue, as a

20  result of an audit or examination by the Department of Revenue

21  or from information received from the Office of Film and

22  Entertainment, that an applicant received tax credits under

23  this section to which the applicant was not entitled is

24  grounds for forfeiture of previously claimed and received tax

25  credits. The applicant shall return any forfeited tax credits

26  to the Department of Revenue, and such funds shall be

27  deposited into the General Revenue Fund. Tax credits purchased

28  in good faith are not subject to forfeiture, unless the

29  transferee submitted fraudulent information in the purchase or

30  if the transferee failed to meet the requirements in

31  subsection (5).

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 1         (d)  Any applicant who submits information under this

 2  section which includes fraudulent information is liable for

 3  reimbursement of the reasonable costs and fees associated with

 4  the review, processing, investigation, and prosecution of the

 5  fraudulent claim. An applicant that obtains a credit payment

 6  under this section through a claim that is fraudulent is

 7  liable for reimbursement of the credit amount claimed plus a

 8  penalty in an amount double the credit amount claimed and

 9  reimbursement of reasonable costs, which penalty is in

10  addition to any criminal penalty to which the applicant is

11  liable for the same acts. The applicant is also liable for

12  costs and fees incurred by the state in investigating and

13  prosecuting the fraudulent claim.

14         (9)  ANNUAL REPORT.--Each October 1, the Office of Film

15  and Entertainment shall provide an annual report for the

16  previous fiscal year to the Governor, the President of the

17  Senate, and the Speaker of the House of Representatives which

18  outlines the return on investment to the state on funds

19  expended under this section.

20         (10)  REPEAL.--This section is repealed July 1, 2010,

21  except that the tax credit carryforward provided in this

22  section shall continue to be valid for the period specified.

23         Section 3.  Section 288.1256, Florida Statutes, is

24  created to read:

25         288.1256  Florida Graduate Film Investment Fund.--The

26  Office of Film and Entertainment shall create and administer a

27  program, using moneys deposited into the Grants and Donations

28  Trust Fund under s. 288.1254(5)(f), to award a grant or a loan

29  guarantee for films that are:

30         (1)  Written, produced, and directed by residents of

31  this state who are graduates of a film program at an

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 1  institution of higher education in this state which is

 2  approved by the Office of Film and Entertainment;

 3         (2)  Determined by the Commissioner of Film and

 4  Entertainment, with the advice of the Florida Film and

 5  Entertainment Advisory Council, to be family friendly based on

 6  the review of the script and a personal interview with the

 7  director. A family friendly production has cross-generational

 8  appeal; is suitable for viewing by children age 5 and older;

 9  is appropriate in theme, content, and language for a broad

10  family audience; embody a responsible resolution of issues;

11  and does not exhibit any act of smoking, sex, nudity, or

12  vulgar or profane language; and

13         (3)  Determined by the Office of Film and Entertainment

14  as not containing obscene content as defined by s.

15  847.001(10).

16         Section 4.  Paragraph (z) is added to subsection (8) of

17  section 213.053, Florida Statutes, to read:

18         213.053  Confidentiality and information sharing.--

19         (8)  Notwithstanding any other provision of this

20  section, the department may provide:

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

22  288.1254 to the Office of Film and Entertainment and the

23  Office of Tourism, Trade, and Economic Development.

24  

25  Disclosure of information under this subsection shall be

26  pursuant to a written agreement between the executive director

27  and the agency.  Such agencies, governmental or

28  nongovernmental, shall be bound by the same requirements of

29  confidentiality as the Department of Revenue.  Breach of

30  confidentiality is a misdemeanor of the first degree,

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

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 1         Section 5.  Subsection (8) of section 220.02, Florida

 2  Statutes, is amended to read:

 3         220.02  Legislative intent.--

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

 5  against either the corporate income tax or the franchise tax

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

 7  631.828, those enumerated in s. 220.191, those enumerated in

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

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

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

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

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

13  those enumerated in s. 220.187, those enumerated in s.

14  220.192, and those enumerated in s. 220.193, and those

15  enumerated in s. 288.1254.

16         Section 6.  Paragraph (j) is added to subsection (5) of

17  section 288.1252, Florida Statutes, to read:

18         288.1252  Florida Film and Entertainment Advisory

19  Council; creation; purpose; membership; powers and duties.--

20         (5)  POWERS AND DUTIES.--The Florida Film and

21  Entertainment Advisory Council shall have all the powers

22  necessary or convenient to carry out and effectuate the

23  purposes and provisions of this act, including, but not

24  limited to, the power to:

25         (j)  Advise whether a film produced under s. 288.1256

26  meets the criteria delineated in that section.

27         Section 7.  Section 288.1255, Florida Statutes, is

28  repealed.

29         Section 8.  This act shall take effect July 1, 2007.

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          Senate Bill 96

 3                                 

 4  The Committee Substitute for Senate Bill 96 is similar to the
    bill as filed, with the following changes:
 5  
    -    Provides a minimum of $75 million in tax credits each
 6       fiscal year, beginning 7/1/07 through 7/1/10;

 7  -    Provides that the tax credits are transferable, can be
         sold at no less than 75 percent of their face value, and
 8       may be carried forward for a maximum of 5 years;

 9  -    Requires the Office of Film & Entertainment, the Office
         of Tourism, Trade, & Economic Development (OTTED), and
10       the Department of Revenue to develop criteria and
         procedures governing the awarding, claiming,
11       transferring, and tracking of credits;

12  -    Creates three queues or categories of production:  a
         General Production Queue that includes TV, film,
13       commercials, and music videos; an Independent Florida
         Filmmaker Queue; and a Digital Media Project Queue.  Each
14       queue has specific guidelines on the amount of tax
         credits available and the criteria for obtaining them;
15  
    -    Provides that general productions are eligible for a 5
16       percent additional tax credit if they film during
         Florida's hurricane season, June-November; and
17  
    -    Requires recipients of transferred tax credits to donate
18       5 percent of the total amount they paid for the tax
         credits to OTTED to fund newly created film education
19       programs. One-half of these funds will be distributed as
         grants and loan guarantees to films that are written,
20       produced, and directed by Florida residents who are
         graduates of approved Florida film programs and are
21       determined to be "family-friendly" based on the review of
         the script and personal interview of the director. The
22       other one-half of funds will be awarded as grants by OFE
         to assist film students attending Florida institutions
23       with student-made production.

24  

25  

26  

27  

28  

29  

30  

31  

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