| 1 | A bill to be entitled |
| 2 | An act relating to entertainment industry economic |
| 3 | development; amending s. 288.1254, F.S.; revising the |
| 4 | entertainment industry financial incentive program to |
| 5 | provide corporate income tax and sales and use tax credits |
| 6 | to qualified entertainment entities rather than |
| 7 | reimbursements from appropriations; revising provisions |
| 8 | relating to definitions, creation and scope, application |
| 9 | procedures, approval process, eligibility, required |
| 10 | documents, qualified and certified productions, and annual |
| 11 | reports; providing duties and responsibilities of the |
| 12 | Office of Film and Entertainment, the Office of Tourism, |
| 13 | Trade, and Economic Development, and the Department of |
| 14 | Revenue relating to the tax credits; providing criteria |
| 15 | and limitations for awards of tax credits; providing for |
| 16 | uses, allocations, election, distributions, and |
| 17 | carryforward of the tax credits; providing for withdrawal |
| 18 | of tax credit eligibility; providing for use of |
| 19 | consolidated returns; providing for partnership and |
| 20 | noncorporate distributions of tax credits; providing for |
| 21 | succession of tax credits; providing requirements for |
| 22 | transfer of tax credits; authorizing the Office of |
| 23 | Tourism, Trade, and Economic Development to adopt rules, |
| 24 | policies, and procedures; authorizing the Department of |
| 25 | Revenue to adopt rules and conduct audits; providing for |
| 26 | revocation and forfeiture of tax credits; providing |
| 27 | liability for reimbursement of certain costs and fees |
| 28 | associated with a fraudulent claim; requiring an annual |
| 29 | report to the Governor and the Legislature; providing for |
| 30 | future repeal; amending s. 220.02, F.S.; including tax |
| 31 | credits enumerated in s. 288.1254, F.S., in the order of |
| 32 | application of credits against certain taxes; amending s. |
| 33 | 213.053, F.S.; authorizing the Department of Revenue to |
| 34 | provide tax credit information to the Office of Film and |
| 35 | Entertainment and the Office of Tourism, Trade, and |
| 36 | Economic Development; amending s. 212.08, F.S.; requiring |
| 37 | electronic funds transfer for the entertainment industry |
| 38 | tax credit; providing procedures; providing severability; |
| 39 | providing an effective date. |
| 40 |
|
| 41 | Be It Enacted by the Legislature of the State of Florida: |
| 42 |
|
| 43 | Section 1. Section 288.1254, Florida Statutes, is amended |
| 44 | to read: |
| 45 | (Substantial rewording of section. See |
| 46 | s. 288.1254, F.S., for present text.) |
| 47 | 288.1254 Entertainment industry financial incentive |
| 48 | program.-- |
| 49 | (1) DEFINITIONS.--As used in this section, the term: |
| 50 | (a) "Certified production" means a qualified production |
| 51 | that has tax credits allocated to it by the Office of Tourism, |
| 52 | Trade, and Economic Development based on its estimated qualified |
| 53 | expenditures, up to its maximum certified amount of tax credits, |
| 54 | by the Office of Tourism, Trade, and Economic Development. The |
| 55 | term excludes a production if its first day of principal |
| 56 | photography in this state occurred before the production is |
| 57 | certified by the Office of Tourism, Trade, and Economic |
| 58 | Development. |
| 59 | (b) "Digital media project" means a production of |
| 60 | interactive entertainment which is produced for distribution in |
| 61 | commercial or educational markets, including a video game, |
| 62 | simulation, or animation, or a production intended for Internet |
| 63 | or wireless distribution. The term excludes a production deemed |
| 64 | by the Office of Film and Entertainment to contain obscene |
| 65 | content as defined in s. 847.001(10). |
| 66 | (c) "Off-season certified production" means a production, |
| 67 | other than a digital media project or an animated production, |
| 68 | which films 75 percent or more of its principal photography days |
| 69 | from June 1 through November 30. |
| 70 | (d) "Production" means a theatrical or direct-to-video |
| 71 | motion picture; a made-for-television motion picture; a |
| 72 | commercial; a music video; an industrial or educational film; an |
| 73 | infomercial; a documentary film; a television pilot program; a |
| 74 | presentation for a television pilot program; a television |
| 75 | series, including, but not limited to, a drama, a reality show, |
| 76 | a comedy, a soap opera, a telenovela, a game show, or a |
| 77 | miniseries production; or a digital media project by the |
| 78 | entertainment industry. One season of a television series is |
| 79 | considered one production. The term excludes a weather or market |
| 80 | program; a sporting event; a sports show; a gala; a production |
| 81 | that solicits funds; a home shopping program; a political |
| 82 | program; a political documentary; political advertising; a |
| 83 | gambling-related project or production; a concert production; a |
| 84 | pornographic production; or a local, regional, or Internet- |
| 85 | distributed-only news show, current-events show, pornographic |
| 86 | production, or current-affairs show. A production may be |
| 87 | produced on or by film, tape, or otherwise by means of a motion |
| 88 | picture camera; electronic camera or device; tape device; |
| 89 | computer; any combination of the foregoing; or any other means, |
| 90 | method, or device now used or later adopted. |
| 91 | (e) "Production expenditures" means the costs of tangible |
| 92 | and intangible property used and services performed primarily |
| 93 | and customarily in production, including preproduction and |
| 94 | postproduction, excluding costs for development, marketing, and |
| 95 | distribution. Production expenditures include, but are not |
| 96 | limited to: |
| 97 | 1. Wages, salaries, or other compensation, including |
| 98 | amounts paid through payroll service companies, for technical |
| 99 | and production crews, directors, producers, and performers. |
| 100 | 2. Expenditures for sound stages, backlots, production |
| 101 | editing, digital effects, sound recordings, sets, and set |
| 102 | construction. |
| 103 | 3. Expenditures for rental equipment, including, but not |
| 104 | limited to, cameras and grip or electrical equipment. |
| 105 | 4. Costs of computer software and hardware, including |
| 106 | servers, data processing, and visualization technologies used |
| 107 | exclusively in the state for the production of digital media. |
| 108 | 5. Expenditures for meals, travel, and accommodations. |
| 109 | (f) "Qualified expenditures" means production expenditures |
| 110 | incurred in this state by a qualified production for: |
| 111 | 1. Goods purchased or leased from, or services provided |
| 112 | by, a vendor or supplier, including a payroll services company, |
| 113 | in this state which is registered with the Department of State |
| 114 | or the Department of Revenue and doing business in this state. |
| 115 | 2. Payments to residents of this state in the form of |
| 116 | salary, wages, or other compensation up to a maximum of |
| 117 | $1,000,000 per resident unless otherwise specified in subsection |
| 118 | (4). |
| 119 |
|
| 120 | For a qualified production involving an event, such as an awards |
| 121 | show, the term excludes expenditures solely associated with the |
| 122 | event itself and not directly required by the production. The |
| 123 | term excludes expenditures prior to certification, with the |
| 124 | exception of those incurred for a commercial, a music video, or |
| 125 | the pickup of additional episodes of a television series within |
| 126 | a single season. |
| 127 | (g) "Qualified production" means a production in this |
| 128 | state meeting the requirements of this section. The term |
| 129 | excludes a production: |
| 130 | 1. In which less than 50 percent of the positions that |
| 131 | make up its production cast and below-the-line production crew |
| 132 | are filled by residents of this state, whose residency is |
| 133 | demonstrated by a valid Florida driver's license or other state- |
| 134 | issued identification confirming residency, or students enrolled |
| 135 | full-time in a film-and-entertainment-related course of study at |
| 136 | an institution of higher education in this state; or |
| 137 | 2. That is deemed by the Office of Film and Entertainment |
| 138 | to contain obscene content as defined in s. 847.001(10). |
| 139 | (h) "Qualified production company" means a corporation, |
| 140 | limited liability company, partnership, or other legal entity |
| 141 | engaged in a production or productions. |
| 142 | (2) CREATION AND PURPOSE OF PROGRAM.--The entertainment |
| 143 | industry financial incentive program is created within the |
| 144 | Office of Film and Entertainment. The purpose of this program is |
| 145 | to encourage the use of this state as a site for filming and to |
| 146 | develop and sustain the workforce and infrastructure for film |
| 147 | and entertainment production. |
| 148 | (3) APPLICATION PROCEDURE; APPROVAL PROCESS.-- |
| 149 | (a) Program application.--A qualified production company |
| 150 | in this state producing a qualified production may submit a |
| 151 | program application to the Office of Film and Entertainment for |
| 152 | the purpose of determining qualification for an award of tax |
| 153 | credits authorized by this section no earlier than 6 months |
| 154 | before the anticipated production start date. The applicant |
| 155 | shall provide the office with information required to determine |
| 156 | whether the production is a qualified production and to |
| 157 | determine the qualified expenditures and other information |
| 158 | necessary for the office to determine eligibility for the tax |
| 159 | credit. |
| 160 | (b) Required documentation.--The Office of Film and |
| 161 | Entertainment shall develop an application form for qualifying |
| 162 | an applicant as a qualified production. The form must include, |
| 163 | but need not be limited to, production-related information |
| 164 | concerning employment of residents in this state, a detailed |
| 165 | budget of planned qualified expenditures, and the applicant's |
| 166 | signed affirmation that the information on the form has been |
| 167 | verified and is correct. The Office of Film and Entertainment |
| 168 | and local film commissions shall distribute the form. |
| 169 | (c) Application process.--The Office of Film and |
| 170 | Entertainment shall establish a process by which an application |
| 171 | is accepted and reviewed and by which tax credit eligibility and |
| 172 | amount are determined. The office may request assistance from a |
| 173 | duly appointed local film commission in determining compliance |
| 174 | with this section. |
| 175 | (d) Certification.--The Office of Film and Entertainment |
| 176 | shall review the application within 10 business days after |
| 177 | receipt. Upon its determination that the application contains |
| 178 | all the information required by this subsection and meets the |
| 179 | criteria set out in this section, the office shall qualify the |
| 180 | applicant and recommend to the Office of Tourism, Trade, and |
| 181 | Economic Development that the applicant be certified for the |
| 182 | maximum tax credit award amount. Within 5 business days after |
| 183 | receipt of the recommendation, the Office of Tourism, Trade, and |
| 184 | Economic Development shall reject the recommendation or certify |
| 185 | the maximum recommended tax credit award, if any, to the |
| 186 | applicant and to the executive director of the Department of |
| 187 | Revenue. |
| 188 | (e) Grounds for denial.--The Office of Film and |
| 189 | Entertainment shall deny an application if it determines that |
| 190 | the application is not complete, the production does not meet |
| 191 | the requirements of this section, or the tax credit sought does |
| 192 | not meet the requirements of this section. |
| 193 | (f) Verification of actual qualified expenditures.-- |
| 194 | 1. The Office of Film and Entertainment shall develop a |
| 195 | process to verify the actual qualified expenditures of a |
| 196 | certified production. The process must require: |
| 197 | a. A certified production to submit, in a timely manner |
| 198 | after production ends and after making all of its qualified |
| 199 | expenditures, data substantiating each qualified expenditure to |
| 200 | an independent certified public accountant licensed in this |
| 201 | state; |
| 202 | b. Such accountant to conduct an audit, at the certified |
| 203 | production's expense, to substantiate each qualified expenditure |
| 204 | and submit the results as a report, along with all |
| 205 | substantiating data, to the Office of Film and Entertainment; |
| 206 | and |
| 207 | c. The Office of Film and Entertainment to review the |
| 208 | accountant's submittal and report to the Office of Tourism, |
| 209 | Trade, and Economic Development the final verified amount of |
| 210 | actual qualified expenditures made by the certified production. |
| 211 | 2. The Office of Tourism, Trade, and Economic Development |
| 212 | shall determine and approve the final tax credit award amount to |
| 213 | each certified applicant based on the final verified amount of |
| 214 | actual qualified expenditures and shall then notify the |
| 215 | executive director of the Department of Revenue that the |
| 216 | certified production has met the requirements of the incentive |
| 217 | program and of the final amount of the tax credit award. |
| 218 | (g) Promoting Florida.--The Office of Film and |
| 219 | Entertainment shall ensure that, as a condition of receiving a |
| 220 | tax credit under this section, marketing materials promoting |
| 221 | this state as a tourist destination or film and entertainment |
| 222 | production destination are included, when appropriate, at no |
| 223 | cost to the state, which must, at a minimum, include placement |
| 224 | in the end credits of a "Filmed in Florida" logo with size and |
| 225 | placement commensurate to other logos included in the end |
| 226 | credits or, if no logos are used, the statement "Filmed in |
| 227 | Florida using Florida's Entertainment Industry Financial |
| 228 | Incentive," or a similar statement approved by the Office of |
| 229 | Film and Entertainment before such placement. The Office of Film |
| 230 | and Entertainment shall develop a "Filmed in Florida" logo and |
| 231 | supply it for the purposes specified in this paragraph. |
| 232 | (4) TAX CREDIT ELIGIBILITY; ELECTION AND DISTRIBUTION; |
| 233 | CARRYFORWARD; CONSOLIDATED RETURNS; PARTNERSHIP AND NONCORPORATE |
| 234 | DISTRIBUTIONS; MERGERS AND ACQUISITIONS.-- |
| 235 | (a) Tax credit award.--Tax credits awarded under this |
| 236 | section in a fiscal year shall be made to qualified productions |
| 237 | according to the principal photography start date of the |
| 238 | productions, except for digital media projects, which shall be |
| 239 | based on the start date of the productions. |
| 240 | (b) Tax credit eligibility.-- |
| 241 | 1. A qualified production, excluding commercials, music |
| 242 | videos, digital media projects, and independent Florida films, |
| 243 | that demonstrates a minimum of $500,000 in qualified |
| 244 | expenditures is eligible for tax credits equal to 20 percent of |
| 245 | its actual qualified expenditures. |
| 246 | 2. An off-season certified production is eligible for an |
| 247 | additional 5-percent tax credit on actual qualified |
| 248 | expenditures. An off-season certified production that does not |
| 249 | complete 75 percent of principal photography due to disruption |
| 250 | caused by a hurricane or tropical storm may not be disqualified |
| 251 | from eligibility for the additional 5-percent credit as a result |
| 252 | of the disruption. |
| 253 | 3. A qualified production company that produces national |
| 254 | or regional commercials or music videos may be eligible for a |
| 255 | tax credit award if it demonstrates a minimum of $100,000 in |
| 256 | qualified expenditures per national or regional commercial or |
| 257 | music video and exceeds a combined threshold of $500,000 after |
| 258 | combining actual qualified expenditures from qualified |
| 259 | commercials and music videos during a single state fiscal year. |
| 260 | After a qualified production company that produces commercials, |
| 261 | music videos, or both reaches the threshold of $500,000, it is |
| 262 | eligible to apply for certification for a tax credit award. The |
| 263 | maximum credit award shall be equal to 10 percent of its actual |
| 264 | qualified expenditures up to a maximum of $500,000. |
| 265 | 4. A qualified production that is a digital media project |
| 266 | that demonstrates a minimum of $300,000 in total qualified |
| 267 | expenditures is eligible for a tax credit equal to 20 percent of |
| 268 | its actual qualified expenditures. As used in this subparagraph, |
| 269 | the term "qualified expenditures" means the wages or salaries |
| 270 | paid to a resident of this state for working on a single |
| 271 | qualified digital media project, up to a maximum of $200,000 in |
| 272 | wages or salaries paid per resident. A qualified production |
| 273 | company producing digital media projects may not qualify for |
| 274 | more than three projects in a fiscal year. A project that |
| 275 | extends beyond a fiscal year must reapply each fiscal year in |
| 276 | order to be eligible for a tax credit award for that year. |
| 277 | 5. An independent Florida film that meets the criteria of |
| 278 | this subparagraph and demonstrates a minimum of $100,000, but |
| 279 | not more than $625,000, in total qualified expenditures is |
| 280 | eligible for tax credits equal to 15 percent of its actual |
| 281 | qualified expenditures. To qualify for this tax credit, a |
| 282 | qualified production must: |
| 283 | a. Be planned as a feature film or documentary of no less |
| 284 | than 70 minutes in length. |
| 285 | b. Provide evidence of 50 percent of the financing for its |
| 286 | total budget in an escrow account or other form dedicated to the |
| 287 | production. |
| 288 | c. Do all major postproduction in this state. |
| 289 | d. Employ Florida workers in at least six of the following |
| 290 | key positions: writer, director, producer, director of |
| 291 | photography, star or one of the lead actors, unit production |
| 292 | manager, editor, or production designer. As used in this sub- |
| 293 | subparagraph, the term "Florida worker" means a person who has |
| 294 | been a resident of this state for at least 1 year before a |
| 295 | production's application under subsection (3) was submitted or a |
| 296 | person who graduated from a film school, college, university, or |
| 297 | community college in this state no more than 5 years before such |
| 298 | submittal or who is enrolled full-time in such a school, |
| 299 | college, or university. |
| 300 | 6. A certified production determined by the Commissioner |
| 301 | of Film and Entertainment, with the advice of the Florida Film |
| 302 | and Entertainment Advisory Council, to be family-friendly, based |
| 303 | on the review of the script and an interview with the director, |
| 304 | is eligible for an additional tax credit equal to 2 percent of |
| 305 | its actual qualified expenditures. Family-friendly productions |
| 306 | are those that have cross-generational appeal; would be |
| 307 | considered suitable for viewing by children age 5 or older; are |
| 308 | appropriate in theme, content, and language for a broad family |
| 309 | audience; embody a responsible resolution of issues; and do not |
| 310 | exhibit any act of smoking, sex, nudity, or vulgar or profane |
| 311 | language. |
| 312 | |
| 313 | Each qualified production under this paragraph shall make a good |
| 314 | faith effort to use existing providers of infrastructure or |
| 315 | equipment in this state, including, but not limited to, |
| 316 | providers of camera gear, grip and lighting equipment, vehicle |
| 317 | providers, and postproduction services when available in-state. |
| 318 | (c) Withdrawal of tax credit eligibility.--A qualified or |
| 319 | certified production shall continue on a reasonable schedule, |
| 320 | which means beginning principal photography or in the case of a |
| 321 | digital media project the start date of the production, in this |
| 322 | state no more than 45 calendar days before or after the date |
| 323 | provided in the production's program application. The Office of |
| 324 | Tourism, Trade, and Economic Development shall withdraw the |
| 325 | eligibility of a qualified or certified production that does not |
| 326 | continue on a reasonable schedule. |
| 327 | (d) Election and distribution of tax credits.--A certified |
| 328 | production company receiving a tax credit award under this |
| 329 | section shall, at the time the credit is awarded by the Office |
| 330 | of Tourism, Trade, and Economic Development after production is |
| 331 | completed and all requirements to receive a credit award have |
| 332 | been met, make an irrevocable election to apply the credit |
| 333 | against taxes due under chapter 220, against taxes collected or |
| 334 | accrued under chapter 212, or against a stated combination of |
| 335 | the two taxes. The election shall be binding upon any |
| 336 | distributee, successor, transferee, or purchaser. The Office of |
| 337 | Tourism, Trade, and Economic Development shall notify the |
| 338 | Department of Revenue of any election made pursuant to this |
| 339 | paragraph. |
| 340 | (e) Tax credit carryforward.--If the certified production |
| 341 | company cannot use the entire tax credit in the taxable year or |
| 342 | reporting period in which the credit is awarded, any excess |
| 343 | amount may be carried forward to a succeeding taxable year or |
| 344 | reporting period. A tax credit applied against taxes imposed |
| 345 | under chapter 212 may be carried forward for a maximum of 5 |
| 346 | years following the date of award. A tax credit applied against |
| 347 | taxes imposed under chapter 220 may be carried forward for a |
| 348 | maximum of 5 years following the year in which the credit was |
| 349 | awarded, after which the credit expires and may not be used. |
| 350 | (f) Consolidated returns.--A certified production company |
| 351 | that files a Florida consolidated return as a member of an |
| 352 | affiliated group under s. 220.131(1) may be allowed the credit |
| 353 | on a consolidated return basis up to the amount of the tax |
| 354 | imposed upon the consolidated group under chapter 220. |
| 355 | (g) Partnership and noncorporate distributions.--A |
| 356 | qualified production company that is not a corporation as |
| 357 | defined in s. 220.03 may elect to distribute tax credits awarded |
| 358 | under this section to its partners or members in proportion to |
| 359 | their respective distributive income or loss in the taxable |
| 360 | fiscal year in which the tax credits were awarded. |
| 361 | (h) Mergers or acquisitions.--Tax credits available under |
| 362 | this section to a certified production company may succeed to a |
| 363 | surviving or acquiring entity subject to the same conditions and |
| 364 | limitations as described in this section; however, they may not |
| 365 | be transferred again by the surviving or acquiring entity. |
| 366 | (5) TRANSFER OF TAX CREDITS.-- |
| 367 | (a) Authorization.--Upon application to the Office of Film |
| 368 | and Entertainment and approval by the Office of Tourism, Trade, |
| 369 | and Economic Development, a certified production company, or a |
| 370 | partner or member that has received a distribution under |
| 371 | paragraph (4)(g), may elect to transfer, in whole or in part, |
| 372 | any unused credit amount granted under this section. An election |
| 373 | to transfer any unused tax credit amount under chapter 212 or |
| 374 | chapter 220 must be made no later than 5 years from the date the |
| 375 | credit was awarded, after which period the credit expires and |
| 376 | may not be used. The Office of Tourism, Trade, and Economic |
| 377 | Development shall notify the Department of Revenue of the |
| 378 | election and transfer. |
| 379 | (b) Number of transfers permitted.--A certified production |
| 380 | company that has elected to apply a credit amount against taxes |
| 381 | remitted under chapter 212 is permitted a one-time transfer of |
| 382 | unused credits to one transferee. A certified production company |
| 383 | that has elected to apply a credit amount against taxes due |
| 384 | under chapter 220 is permitted a one-time transfer of unused |
| 385 | credits to no more than four transferees, and such transfers |
| 386 | shall occur in the same taxable year. |
| 387 | (c) Transferee rights and limitations.--The transferee is |
| 388 | subject to the same rights and limitations as the certified |
| 389 | production company awarded the tax credit, except that the |
| 390 | transferee may not sell or otherwise transfer the tax credit. |
| 391 | (d) Rulemaking.--The Department of Revenue may adopt rules |
| 392 | pursuant to ss. 120.536(1) and 120.54 to administer this |
| 393 | subsection, as provided in subsection (6). |
| 394 | (6) RULES, POLICIES, AND PROCEDURES.-- |
| 395 | (a) The Office of Tourism, Trade, and Economic Development |
| 396 | may adopt rules pursuant to ss. 120.536(1) and 120.54 and |
| 397 | develop policies and procedures to implement and administer this |
| 398 | section, including, but not limited to, rules specifying |
| 399 | requirements for the application and approval process, records |
| 400 | required for substantiation for tax credits, procedures for |
| 401 | making the election in paragraph (4)(d), the manner and form of |
| 402 | documentation required to claim tax credits awarded or |
| 403 | transferred under this section, and marketing requirements for |
| 404 | tax credit recipients. |
| 405 | (b) The Department of Revenue may adopt rules pursuant to |
| 406 | ss. 120.536(1) and 120.54 to administer this section, including |
| 407 | rules governing the examination and audit procedures required to |
| 408 | administer this section and the manner and form of documentation |
| 409 | required to claim tax credits awarded or transferred under this |
| 410 | section. |
| 411 | (7) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX |
| 412 | CREDITS; FRAUDULENT CLAIMS.-- |
| 413 | (a) Audit authority.--The Department of Revenue may |
| 414 | conduct examinations and audits as provided in s. 213.34 to |
| 415 | verify that tax credits under this section have been received, |
| 416 | transferred, and applied according to the requirements of this |
| 417 | section. If the Department of Revenue determines that tax |
| 418 | credits have not been received, transferred, or applied as |
| 419 | required by this section, it may, in addition to the remedies |
| 420 | provided in this subsection, pursue recovery of such funds |
| 421 | pursuant to the laws and rules governing the assessment of |
| 422 | taxes. |
| 423 | (b) Revocation of tax credits.--The Office of Tourism, |
| 424 | Trade, and Economic Development may revoke or modify any written |
| 425 | decision qualifying, certifying, or otherwise granting |
| 426 | eligibility for tax credits under this section if it is |
| 427 | discovered that the tax credit applicant submitted any false |
| 428 | statement, representation, or certification in any application, |
| 429 | record, report, plan, or other document filed in an attempt to |
| 430 | receive tax credits under this section. The Office of Tourism, |
| 431 | Trade, and Economic Development shall immediately notify the |
| 432 | Department of Revenue of any revoked or modified orders |
| 433 | affecting previously granted tax credits. Additionally, the |
| 434 | applicant must notify the Department of Revenue of any change in |
| 435 | its tax credit claimed. |
| 436 | (c) Forfeiture of tax credits.--A determination by the |
| 437 | Department of Revenue, as a result of an audit or examination by |
| 438 | the Department of Revenue or from information received from the |
| 439 | Office of Film and Entertainment, that an applicant received tax |
| 440 | credits pursuant to this section to which the applicant was not |
| 441 | entitled is grounds for forfeiture of previously claimed and |
| 442 | received tax credits. The applicant is responsible for returning |
| 443 | forfeited tax credits to the Department of Revenue, and such |
| 444 | funds shall be paid into the General Revenue Fund of the state. |
| 445 | Tax credits purchased in good faith are not subject to |
| 446 | forfeiture unless the transferee submitted fraudulent |
| 447 | information in the purchase or failed to meet the requirements |
| 448 | in subsection (5). |
| 449 | (d) Fraudulent claims.--Any applicant that submits |
| 450 | information under this section that includes fraudulent |
| 451 | information is liable for reimbursement of the reasonable costs |
| 452 | and fees associated with the review, processing, investigation, |
| 453 | and prosecution of the fraudulent claim. An applicant that |
| 454 | obtains a credit payment under this section through a claim that |
| 455 | is fraudulent is liable for reimbursement of the credit amount |
| 456 | plus a penalty in an amount double the credit amount. The |
| 457 | penalty is in addition to any criminal penalty to which the |
| 458 | applicant is liable for the same acts. The applicant is also |
| 459 | liable for costs and fees incurred by the state in investigating |
| 460 | and prosecuting the fraudulent claim. |
| 461 | (8) ANNUAL REPORT.--Each October 1, The Office of Film and |
| 462 | Entertainment shall provide an annual report for the previous |
| 463 | fiscal year to the Governor, the President of the Senate, and |
| 464 | the Speaker of the House of Representatives which outlines the |
| 465 | return on investment and economic benefits to the state. |
| 466 | (9) REPEAL.--This section is repealed July 1, 2014, except |
| 467 | that the tax credit carryforward provided in this section shall |
| 468 | continue to be valid for the period specified. |
| 469 | Section 2. Subsection (8) of section 220.02, Florida |
| 470 | Statutes, is amended to read: |
| 471 | 220.02 Legislative intent.-- |
| 472 | (8) It is the intent of the Legislature that credits |
| 473 | against either the corporate income tax or the franchise tax be |
| 474 | applied in the following order: those enumerated in s. 631.828, |
| 475 | those enumerated in s. 220.191, those enumerated in s. 220.181, |
| 476 | those enumerated in s. 220.183, those enumerated in s. 220.182, |
| 477 | those enumerated in s. 220.1895, those enumerated in s. 221.02, |
| 478 | those enumerated in s. 220.184, those enumerated in s. 220.186, |
| 479 | those enumerated in s. 220.1845, those enumerated in s. 220.19, |
| 480 | those enumerated in s. 220.185, those enumerated in s. 220.187, |
| 481 | those enumerated in s. 220.192, and those enumerated in s. |
| 482 | 220.193, and those enumerated in s. 288.1254. |
| 483 | Section 3. Paragraph (z) is added to subsection (8) of |
| 484 | section 213.053, Florida Statutes, to read: |
| 485 | 213.053 Confidentiality and information sharing.-- |
| 486 | (8) Notwithstanding any other provision of this section, |
| 487 | the department may provide: |
| 488 | (z) Information relative to tax credits taken under s. |
| 489 | 288.1254 to the Office of Film and Entertainment and the Office |
| 490 | of Tourism, Trade, and Economic Development. |
| 491 |
|
| 492 | Disclosure of information under this subsection shall be |
| 493 | pursuant to a written agreement between the executive director |
| 494 | and the agency. Such agencies, governmental or nongovernmental, |
| 495 | shall be bound by the same requirements of confidentiality as |
| 496 | the Department of Revenue. Breach of confidentiality is a |
| 497 | misdemeanor of the first degree, punishable as provided by s. |
| 498 | 775.082 or s. 775.083. |
| 499 | Section 4. Paragraph (q) is added to subsection (5) of |
| 500 | section 212.08, Florida Statutes, to read: |
| 501 | 212.08 Sales, rental, use, consumption, distribution, and |
| 502 | storage tax; specified exemptions.--The sale at retail, the |
| 503 | rental, the use, the consumption, the distribution, and the |
| 504 | storage to be used or consumed in this state of the following |
| 505 | are hereby specifically exempt from the tax imposed by this |
| 506 | chapter. |
| 507 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
| 508 | (q) Entertainment industry tax credit; authorization; |
| 509 | eligibility for credits.-- |
| 510 | 1. For the fiscal years beginning July 1, 2009, and ending |
| 511 | June 30, 2014, a qualified production company as defined in s. |
| 512 | 288.1254(1)(g), is eligible for tax credits against its sales |
| 513 | and use tax liabilities as provided in s. 288.1254. |
| 514 | 2. The credit shall be deducted from any sales and use tax |
| 515 | remitted by the dealer to the department by electronic funds |
| 516 | transfer and can only be deducted on a sales and use tax return |
| 517 | initiated through electronic data interchange. The dealer shall |
| 518 | separately state the credit on the electronic return. The net |
| 519 | amount of tax due and payable must be remitted by electronic |
| 520 | funds transfer. If the credit for the qualified expenditures is |
| 521 | larger than the amount owed on the sales and use tax return, the |
| 522 | amount of the credit may be carried forward to a succeeding |
| 523 | reporting period. A dealer may only obtain a credit using the |
| 524 | method described in this subparagraph. A dealer is not |
| 525 | authorized to obtain a credit by applying for a refund. |
| 526 | Section 5. If any provision of this act or the application |
| 527 | thereof to any person or circumstance is held invalid, the |
| 528 | invalidity shall not affect other provisions or applications of |
| 529 | the act which can be given effect without the invalid provision |
| 530 | or application, and to this end the provisions of this act are |
| 531 | declared severable. |
| 532 | Section 6. This act shall take effect July 1, 2009. |