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 |
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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 |
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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. |