Florida Senate - 2010 CS for SB 1430 By the Committee on Commerce; and Senators Haridopolos, Justice, and Gaetz 577-03657-10 20101430c1 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 6 credits to qualified entertainment entities rather 7 than reimbursements from appropriations; revising 8 provisions relating to definitions, creation and 9 scope, application procedures, approval process, 10 eligibility, required documents, qualified and 11 certified productions, and annual reports; providing 12 duties and responsibilities of the Office of Film and 13 Entertainment, the Office of Tourism, Trade, and 14 Economic Development, and the Department of Revenue 15 relating to the tax credits; providing criteria and 16 limitations for awards of tax credits; providing for 17 uses, allocations, election, distributions, and 18 carryforward of the tax credits; providing for 19 withdrawal of tax credit eligibility; providing for 20 use of consolidated returns; providing for partnership 21 and noncorporate distributions of tax credits; 22 providing for succession of tax credits; providing 23 requirements for transfer of tax credits; authorizing 24 the Office of Tourism, Trade, and Economic Development 25 to adopt rules, policies, and procedures; authorizing 26 the Department of Revenue to adopt rules and conduct 27 audits; providing for revocation and forfeiture of tax 28 credits; providing liability for reimbursement of 29 certain costs and fees associated with a fraudulent 30 claim; requiring an annual report to the Governor and 31 the Legislature; providing for future repeal; amending 32 s. 220.02, F.S.; including tax credits enumerated in 33 s. 288.1254, F.S., in the order of application of 34 credits against certain taxes; amending s. 213.053, 35 F.S.; authorizing the Department of Revenue to provide 36 tax credit information to the Office of Film and 37 Entertainment and the Office of Tourism, Trade, and 38 Economic Development; amending s. 212.08, F.S.; 39 limiting application of the entertainment industry tax 40 credits; providing procedures; providing for 41 severability; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Section 288.1254, Florida Statutes, is amended 46 to read: 47 (Substantial rewording of section. See 48 s. 288.1254, F.S., for present text.) 49 288.1254 Entertainment industry financial incentive 50 program.— 51 (1) DEFINITIONS.—As used in this section, the term: 52 (a) “Certified production” means a qualified production 53 that has tax credits allocated to it by the Office of Tourism, 54 Trade, and Economic Development based on the production’s 55 estimated qualified expenditures, up to the production’s maximum 56 certified amount of tax credits, by the Office of Tourism, 57 Trade, and Economic Development. The term does not include a 58 production if the first date that it incurs production 59 expenditures in this state occurs before the production is 60 certified by the Office of Tourism, Trade, and Economic 61 Development. 62 (b) “Digital media project” means a production of 63 interactive entertainment that is produced for distribution in 64 commercial or educational markets. The term includes a video 65 game or production intended for Internet or wireless 66 distribution. The term does not include a production deemed by 67 the Office of Film and Entertainment to contain obscene content 68 as defined in s. 847.001(10). 69 (c) “High-impact television series” means a production 70 created to run multiple production seasons and having an 71 estimated order of at least seven episodes per season and 72 qualified expenditures of at least $625,000 per episode. 73 (d) “Off-season certified production” means a production, 74 other than a digital media project or an animated production, 75 commercial, music video, or documentary, which films 75 percent 76 or more of its principal photography days from June 1 through 77 November 30. 78 (e) “Principal photography” means the filming of major or 79 significant components of the qualified production which involve 80 lead actors. 81 (f) “Production” means a theatrical or direct-to-video 82 motion picture; a made-for-television motion picture; visual 83 effects or digital animation sequences produced in conjunction 84 with a motion picture; a commercial; a music video; an 85 industrial or educational film; an infomercial; a documentary 86 film; a television pilot program; a presentation for a 87 television pilot program; a television series, including, but 88 not limited to, a drama, a reality show, a comedy, a soap opera, 89 a telenovela, a game show, or a miniseries production; or a 90 digital media project by the entertainment industry. One season 91 of a television series is considered one production. The term 92 does not include a weather or market program; a sporting event; 93 a sports show; a gala; a production that solicits funds; a home 94 shopping program; a political program; a political documentary; 95 political advertising; a gambling-related project or production; 96 a concert production; or a local, regional, or Internet 97 distributed-only news show, current-events show, pornographic 98 production, or current-affairs show. A production may be 99 produced on or by film, tape, or otherwise by means of a motion 100 picture camera; electronic camera or device; tape device; 101 computer; any combination of the foregoing; or any other means, 102 method, or device now used or later adopted. 103 (g) “Production expenditures” means the costs of tangible 104 and intangible property used for, and services performed 105 primarily and customarily in, production, including 106 preproduction and postproduction, but excluding costs for 107 development, marketing, and distribution. The term includes, but 108 is not limited to: 109 1. Wages, salaries, or other compensation paid to legal 110 residents of this state, including amounts paid through payroll 111 service companies, for technical and production crews, 112 directors, producers, and performers. 113 2. Expenditures for sound stages, backlots, production 114 editing, digital effects, sound recordings, sets, and set 115 construction. 116 3. Expenditures for rental equipment, including, but not 117 limited to, cameras and grip or electrical equipment. 118 4. Up to $300,000 of the costs of newly purchased computer 119 software and hardware unique to the project, including servers, 120 data processing, and visualization technologies, which are 121 located in and used exclusively in the state for the production 122 of digital media. 123 5. Expenditures for meals, travel, and accommodations. 124 (h) “Qualified expenditures” means production expenditures 125 incurred in this state by a qualified production for: 126 1. Goods purchased or leased from, or services, including, 127 but not limited to, insurance costs and bonding, payroll 128 services, and legal fees, which are provided by a vendor or 129 supplier in this state which is registered with the Department 130 of State or the Department of Revenue, is doing business in the 131 state, and whose primary employees involved in facilitating the 132 transaction are legal residents of and doing business in this 133 state. 134 2. Payments to legal residents of this state in the form of 135 salary, wages, or other compensation up to a maximum of $650,000 136 per resident unless otherwise specified in subsection (4). 137 138 For a qualified production involving an event, such as an awards 139 show, the term does not include expenditures solely associated 140 with the event itself and not directly required by the 141 production. The term does not include expenditures incurred 142 before certification, with the exception of those incurred for a 143 commercial, a music video, or the pickup of additional episodes 144 of a high-impact television series within a single season. 145 (i) “Qualified production” means a production in this state 146 meeting the requirements of this section. The term does not 147 include a production: 148 1. In which, for the first 2 years of the incentive 149 program, less than 50 percent, and, thereafter, less than 60 150 percent, of the positions that make up its production cast and 151 below-the-line production crew, or, in the case of digital media 152 projects, less than 75 percent of such positions, are filled by 153 legal residents of this state, whose residency is demonstrated 154 by a valid Florida driver’s license or other state-issued 155 identification confirming residency, or students enrolled full 156 time in a film-and-entertainment-related course of study at an 157 institution of higher education in this state; or 158 2. That is deemed by the Office of Film and Entertainment 159 to contain obscene content as defined in s. 847.001(10). 160 (j) “Qualified production company” means a corporation, 161 limited liability company, partnership, or other legal entity 162 engaged in one or more productions in this state. 163 (2) CREATION AND PURPOSE OF PROGRAM.—The entertainment 164 industry financial incentive program is created within the 165 Office of Film and Entertainment. The purpose of this program is 166 to encourage the use of this state as a site for filming, for 167 the digital production of films, and to develop and sustain the 168 workforce and infrastructure for film, digital media, and 169 entertainment production. 170 (3) APPLICATION PROCEDURE; APPROVAL PROCESS.— 171 (a) Program application.—A qualified production company 172 producing a qualified production in this state may submit a 173 program application to the Office of Film and Entertainment for 174 the purpose of determining qualification for an award of tax 175 credits authorized by this section no earlier than 6 months 176 before the first date that production expenditures are incurred 177 in this state. The applicant shall provide the Office of Film 178 and Entertainment with information required to determine whether 179 the production is a qualified production and to determine the 180 qualified expenditures and other information necessary for the 181 office to determine eligibility for the tax credit. 182 (b) Required documentation.—The Office of Film and 183 Entertainment shall develop an application form for qualifying 184 an applicant as a qualified production. The form must include, 185 but need not be limited to, production-related information 186 concerning employment of residents in this state, a detailed 187 budget of planned qualified expenditures, and the applicant’s 188 signed affirmation that the information on the form has been 189 verified and is correct. The Office of Film and Entertainment 190 and local film commissions shall distribute the form. 191 (c) Application process.—The Office of Film and 192 Entertainment shall establish a process by which an application 193 is accepted and reviewed and by which tax credit eligibility and 194 the award amount are determined. The Office of Film and 195 Entertainment may request assistance from a duly appointed local 196 film commission in determining compliance with this section. 197 (d) Certification.—The Office of Film and Entertainment 198 shall review the application within 15 business days after 199 receipt. Upon its determination that the application contains 200 all the information required by this subsection and meets the 201 criteria set out in this section, the Office of Film and 202 Entertainment shall qualify the applicant and recommend to the 203 Office of Tourism, Trade, and Economic Development that the 204 applicant be certified for the maximum tax credit award amount. 205 Within 5 business days after receipt of the recommendation, the 206 Office of Tourism, Trade, and Economic Development shall reject 207 the recommendation or certify the maximum recommended tax credit 208 award, if any, to the applicant and to the executive director of 209 the Department of Revenue. 210 (e) Grounds for denial.—The Office of Film and 211 Entertainment shall deny an application if it determines that 212 the application is incomplete or the production or application 213 does not meet the requirements of this section. 214 (f) Verification of actual qualified expenditures.— 215 1. The Office of Film and Entertainment shall develop a 216 process to verify the actual qualified expenditures of a 217 certified production. The process must require: 218 a. A certified production to submit, in a timely manner 219 after principal photography, digital production, or the digital 220 media project ends and after making all of its qualified 221 expenditures, data substantiating each qualified expenditure to 222 an independent certified public accountant licensed in this 223 state; 224 b. Such accountant to conduct a compliance audit, at the 225 certified production’s expense, to substantiate each qualified 226 expenditure and submit the results as a report, along with the 227 required substantiating data, to the Office of Film and 228 Entertainment; and 229 c. The Office of Film and Entertainment to review the 230 accountant’s submittal and report to the Office of Tourism, 231 Trade, and Economic Development the final verified amount of 232 actual qualified expenditures made by the certified production. 233 2. The Office of Tourism, Trade, and Economic Development 234 shall determine and approve the final tax credit award amount to 235 each certified applicant based on the final verified amount of 236 actual qualified expenditures and shall notify the executive 237 director of the Department of Revenue in writing that the 238 certified production has met the requirements of the incentive 239 program and of the final amount of the tax credit award. The 240 final tax credit award amount may not exceed the maximum tax 241 credit award amount certified under paragraph (d). 242 (g) Promoting Florida.—The Office of Film and Entertainment 243 shall ensure that, as a condition of receiving a tax credit 244 under this section, marketing materials promoting this state as 245 a tourist destination or film and entertainment production 246 destination are included, when appropriate, at no cost to the 247 state, which must, at a minimum, include placement of a “Filmed 248 in Florida” or “Produced in Florida” logo in the opening credits 249 and end credits and on all packaging material and hard media, 250 unless prohibited by licensing or other contractual obligations. 251 The size and placement of such logo shall be commensurate to 252 other logos used. If no logos are used, the statement “Filmed in 253 Florida using Florida’s Entertainment Industry Financial 254 Incentive,” or a similar statement approved by the Office of 255 Film and Entertainment, shall be used. The Office of Film and 256 Entertainment shall provide a logo and supply it for the 257 purposes specified in this paragraph. 258 (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES; 259 ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS; 260 PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND 261 ACQUISITIONS.— 262 (a) Priority for tax credit award.—The priority of a 263 qualified production for tax credit awards must be determined on 264 a first-come, first-served basis within its appropriate queue. 265 Each qualified production must be placed into the appropriate 266 queue and is subject to the requirements of that queue. 267 (b) Tax credit eligibility.— 268 1. General production queue.—Ninety-four percent of tax 269 credits authorized in any state fiscal year must be dedicated to 270 the general production queue. The general production queue 271 consists of all qualified productions other than those eligible 272 for the commercial and music video queue or the independent 273 production queue. A qualified production that demonstrates a 274 minimum of $625,000 in qualified expenditures is eligible for 275 tax credits equal to 20 percent of its actual qualified 276 expenditures, up to a maximum of $8 million. A qualified 277 production that incurs qualified expenditures during multiple 278 state fiscal years may combine those expenditures to satisfy the 279 $625,000 minimum threshold. 280 a. An off-season certified production that is a feature 281 film, independent film, or television series or pilot is 282 eligible for an additional 5 percent tax credit on actual 283 qualified expenditures. An off-season certified production that 284 does not complete 75 percent of principal photography due to a 285 disruption caused by a hurricane or tropical storm may not be 286 disqualified from eligibility for the additional 5 percent 287 credit as a result of the disruption. 288 b. A qualified high-impact television series shall be 289 allowed first position in this queue for tax credit awards not 290 yet certified. 291 2. Commercial and music video queue.—Three percent of tax 292 credits authorized in any state fiscal year must be dedicated to 293 the commercial and music video queue. A qualified production 294 company that produces national or regional commercials or music 295 videos may be eligible for a tax credit award if it demonstrates 296 a minimum of $100,000 in qualified expenditures per national or 297 regional commercial or music video and exceeds a combined 298 threshold of $500,000 after combining actual qualified 299 expenditures from qualified commercials and music videos during 300 a single state fiscal year. After a qualified production company 301 that produces commercials, music videos, or both reaches the 302 threshold of $500,000, it is eligible to apply for certification 303 for a tax credit award. The maximum credit award shall be equal 304 to 20 percent of its actual qualified expenditures up to a 305 maximum of $500,000. If there is a surplus at the end of a 306 fiscal year after the Office of Film and Entertainment certifies 307 and determines the tax credits for all qualified commercial and 308 video projects, such surplus tax credits shall be carried 309 forward to the following fiscal year and be available to any 310 eligible qualified productions under the general production 311 queue. 312 3. Independent production queue.—Three percent of tax 313 credits authorized in any state fiscal year must be dedicated to 314 the independent production queue. An independent Florida film or 315 digital media project that meets the criteria of this 316 subparagraph and demonstrates a minimum of $100,000, but not 317 more than $625,000, in total qualified expenditures is eligible 318 for tax credits equal to 20 percent of its actual qualified 319 expenditures. To qualify for this tax credit, a qualified 320 production must: 321 a. Be planned as a feature film or documentary of at least 322 70 minutes in length or be a digital media project. 323 b. Employ legal residents of this state in at least two of 324 the following key positions: writer, director, producer, star, 325 or composer; or, in the case of a digital media project, employ 326 legal residents of this state in at least two positions 327 functionally equivalent to the positions of writer, director, 328 producer, star, or composer. 329 4. Family friendly productions.—A certified production 330 determined by the Commissioner of Film and Entertainment, with 331 the advice of the Florida Film and Entertainment Advisory 332 Council, to be family friendly, based on the review of the 333 script and the review of the final release version, is eligible 334 for an additional tax credit equal to 5 percent of its actual 335 qualified expenditures. Family friendly productions are those 336 that have cross-generational appeal; would be considered 337 suitable for viewing by children age 5 or older; are appropriate 338 in theme, content, and language for a broad family audience; 339 embody a responsible resolution of issues; and do not exhibit or 340 imply any act of smoking, sex, nudity, gratuitous violence, or 341 vulgar or profane language. 342 (c) Withdrawal of tax credit eligibility.—A qualified or 343 certified production must continue on a reasonable schedule, 344 which means beginning principal photography, or, in the case of 345 a digital media project, the start date of the production, in 346 this state no more than 45 calendar days before or after the 347 date provided in the production’s program application. The 348 Office of Tourism, Trade, and Economic Development shall 349 withdraw the eligibility of a qualified or certified production 350 that does not continue on a reasonable schedule. 351 (d) Election and distribution of tax credits.— 352 1. A certified production company receiving a tax credit 353 award under this section shall, at the time the credit is 354 awarded by the Office of Tourism, Trade, and Economic 355 Development after production is completed and all requirements 356 to receive a credit award have been met, make an irrevocable 357 election to apply the credit against taxes due under chapter 358 220, against taxes collected or accrued under chapter 212, 359 except that the credit authorized under this section may not be 360 applied against discretionary sales surtaxes authorized under s. 361 212.055, or against a stated combination of the two taxes. The 362 election is binding upon any distributee, successor, transferee, 363 or purchaser. The Office of Tourism, Trade, and Economic 364 Development shall notify the Department of Revenue of any 365 election made pursuant to this paragraph. 366 2. For the fiscal years beginning July 1, 2010, and ending 367 June 30, 2015, a qualified production company is eligible for 368 tax credits against its sales and use tax liabilities and 369 corporate income tax liabilities as provided in this section. 370 However, tax credits awarded under this section may not be 371 claimed against sales and use tax liabilities or corporate 372 income tax liabilities for any tax period beginning before July 373 1, 2011, regardless of when the credits are applied for or 374 awarded. 375 (e) Tax credit carryforward.—If the certified production 376 company cannot use the entire tax credit in the taxable year or 377 reporting period in which the credit is awarded, any excess 378 amount may be carried forward to a succeeding taxable year or 379 reporting period. A tax credit applied against taxes imposed 380 under chapter 212 may be carried forward for a maximum of 5 381 years after the date the credit is awarded. A tax credit applied 382 against taxes imposed under chapter 220 may be carried forward 383 for a maximum of 5 years after the date the credit is awarded, 384 after which the credit expires and may not be used. 385 (f) Consolidated returns.—A certified production company 386 that files a Florida consolidated return as a member of an 387 affiliated group under s. 220.131(1) may be allowed the credit 388 on a consolidated return basis up to the amount of the tax 389 imposed upon the consolidated group under chapter 220. 390 (g) Partnership and noncorporate distributions.—A qualified 391 production company that is not a corporation as defined in s. 392 220.03 may elect to distribute tax credits awarded under this 393 section to its partners or members in proportion to their 394 respective distributive income or loss in the taxable fiscal 395 year in which the tax credits were awarded. 396 (h) Mergers or acquisitions.—Tax credits available under 397 this section to a certified production company may succeed to a 398 surviving or acquiring entity subject to the same conditions and 399 limitations as described in this section; however, they may not 400 be transferred again by the surviving or acquiring entity. 401 (5) TRANSFER OF TAX CREDITS.— 402 (a) Authorization.—Upon application to the Office of Film 403 and Entertainment and approval by the Office of Tourism, Trade, 404 and Economic Development, a certified production company, or a 405 partner or member that has received a distribution under 406 paragraph (4)(g), may elect to transfer, in whole or in part, 407 any unused credit amount granted under this section. An election 408 to transfer any unused tax credit amount under chapter 212 or 409 chapter 220 must be made no later than 5 years after the date 410 the credit is awarded, after which period the credit expires and 411 may not be used. The Office of Tourism, Trade, and Economic 412 Development shall notify the Department of Revenue of the 413 election and transfer. 414 (b) Number of transfers permitted.—A certified production 415 company that elects to apply a credit amount against taxes 416 remitted under chapter 212 is permitted a one-time transfer of 417 unused credits to one transferee. The credit against sales tax 418 is available to the transferee only through a refund of 419 previously paid taxes pursuant to s. 212.08(5)(g). A certified 420 production company that elects to apply a credit amount against 421 taxes due under chapter 220 is permitted a one-time transfer of 422 unused credits to no more than four transferees, and such 423 transfers must occur in the same taxable year. 424 (c) Transferee rights and limitations.—The transferee is 425 subject to the same rights and limitations as the certified 426 production company awarded the tax credit, except that the 427 transferee may not sell or otherwise transfer the tax credit. 428 (d) Rulemaking.—The Department of Revenue may adopt rules 429 to administer this subsection, as provided in subsection (7). 430 (6) ANNUAL ALLOCATION OF TAX CREDITS.— 431 (a) The aggregate amount of the tax credits that may be 432 certified pursuant to paragraph (3)(d) may not exceed $75 433 million per fiscal year. 434 (b) Any portion of the maximum amount of tax credits 435 established per fiscal year in paragraph (a) which is not 436 certified as of the end of a fiscal year shall be carried 437 forward and made available for certification during the 438 following two fiscal years in addition to the amounts available 439 for certification under paragraph (a) for those fiscal years. 440 (c) Upon approval of the final tax credit award amount 441 pursuant to subparagraph (3)(f)2., an amount equal to the 442 difference between the maximum tax credit award amount 443 previously certified under paragraph (3)(d) and the approved 444 final tax credit award amount shall immediately be available for 445 recertification during the current and following fiscal years in 446 addition to the amounts available for certification under 447 paragraph (a) for those fiscal years. Credit amounts are 448 available for recertification only once under this paragraph. 449 (d) If, during a fiscal year, the total amount of credits 450 applied for, pursuant to paragraph (3)(a), exceeds the amount of 451 credits available for certification in that fiscal year, such 452 excess shall be treated as having been applied for on the first 453 day of the next fiscal year in which credits remain available 454 for certification. 455 (7) RULES, POLICIES, AND PROCEDURES.— 456 (a) The Office of Tourism, Trade, and Economic Development 457 may adopt rules pursuant to ss. 120.536(1) and 120.54 and 458 develop policies and procedures to implement and administer this 459 section, including, but not limited to, rules specifying 460 requirements for the application and approval process, records 461 required for substantiation for tax credits, procedures for 462 making the election in paragraph (4)(d), the manner and form of 463 documentation required to claim tax credits awarded or 464 transferred under this section, and marketing requirements for 465 tax credit recipients. 466 (b) The Department of Revenue may adopt rules pursuant to 467 ss. 120.536(1) and 120.54 to administer this section, including 468 rules governing the examination and audit procedures required to 469 administer this section and the manner and form of documentation 470 required to claim tax credits awarded or transferred under this 471 section. 472 (8) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX 473 CREDITS; FRAUDULENT CLAIMS.— 474 (a) Audit authority.—The Department of Revenue may conduct 475 examinations and audits as provided in s. 213.34 to verify that 476 tax credits under this section are received, transferred, and 477 applied according to the requirements of this section. If the 478 Department of Revenue determines that tax credits are not 479 received, transferred, or applied as required by this section, 480 it may, in addition to the remedies provided in this subsection, 481 pursue recovery of such funds pursuant to the laws and rules 482 governing the assessment of taxes. 483 (b) Revocation of tax credits.—The Office of Tourism, 484 Trade, and Economic Development may revoke or modify any written 485 decision qualifying, certifying, or otherwise granting 486 eligibility for tax credits under this section if it is 487 discovered that the tax credit applicant submitted any false 488 statement, representation, or certification in any application, 489 record, report, plan, or other document filed in an attempt to 490 receive tax credits under this section. The Office of Tourism, 491 Trade, and Economic Development shall immediately notify the 492 Department of Revenue of any revoked or modified orders 493 affecting previously granted tax credits. Additionally, the 494 applicant must notify the Department of Revenue of any change in 495 its tax credit claimed. 496 (c) Forfeiture of tax credits.—A determination by the 497 Department of Revenue, as a result of an audit or examination by 498 the Department of Revenue or from information received from the 499 Office of Film and Entertainment, that an applicant received tax 500 credits pursuant to this section to which the applicant was not 501 entitled is grounds for forfeiture of previously claimed and 502 received tax credits. The applicant is responsible for returning 503 forfeited tax credits to the Department of Revenue, and such 504 funds shall be paid into the General Revenue Fund of the state. 505 Tax credits purchased in good faith are not subject to 506 forfeiture unless the transferee submitted fraudulent 507 information in the purchase or failed to meet the requirements 508 in subsection (5). 509 (d) Fraudulent claims.—Any applicant that submits 510 fraudulent information under this section is liable for 511 reimbursement of the reasonable costs and fees associated with 512 the review, processing, investigation, and prosecution of the 513 fraudulent claim. An applicant that obtains a credit payment 514 under this section through a claim that is fraudulent is liable 515 for reimbursement of the credit amount plus a penalty in an 516 amount double the credit amount. The penalty is in addition to 517 any criminal penalty to which the applicant is liable for the 518 same acts. The applicant is also liable for costs and fees 519 incurred by the state in investigating and prosecuting the 520 fraudulent claim. 521 (9) ANNUAL REPORT.—Each October 1, the Office of Film and 522 Entertainment shall provide an annual report for the previous 523 fiscal year to the Governor, the President of the Senate, and 524 the Speaker of the House of Representatives which outlines the 525 return on investment and economic benefits to the state. 526 (10) REPEAL.—This section is repealed July 1, 2015, except 527 that the tax credit carryforward provided in this section shall 528 continue to be valid for the period specified. 529 Section 2. Subsection (8) of section 220.02, Florida 530 Statutes, is amended to read: 531 220.02 Legislative intent.— 532 (8) It is the intent of the Legislature that credits 533 against either the corporate income tax or the franchise tax be 534 applied in the following order: those enumerated in s. 631.828, 535 those enumerated in s. 220.191, those enumerated in s. 220.181, 536 those enumerated in s. 220.183, those enumerated in s. 220.182, 537 those enumerated in s. 220.1895, those enumerated in s. 221.02, 538 those enumerated in s. 220.184, those enumerated in s. 220.186, 539 those enumerated in s. 220.1845, those enumerated in s. 220.19, 540 those enumerated in s. 220.185, those enumerated in s. 220.187, 541 those enumerated in s. 220.192, those enumerated in s. 220.193, 542andthose enumerated in s. 288.9916, and those enumerated in s. 543 288.1254. 544 Section 3. Paragraph (z) is added to subsection (8) of 545 section 213.053, Florida Statutes, to read: 546 213.053 Confidentiality and information sharing.— 547 (8) Notwithstanding any other provision of this section, 548 the department may provide: 549 (z) Information relative to tax credits taken under s. 550 288.1254 to the Office of Film and Entertainment and the Office 551 of Tourism, Trade, and Economic Development. 552 553 Disclosure of information under this subsection shall be 554 pursuant to a written agreement between the executive director 555 and the agency. Such agencies, governmental or nongovernmental, 556 shall be bound by the same requirements of confidentiality as 557 the Department of Revenue. Breach of confidentiality is a 558 misdemeanor of the first degree, punishable as provided by s. 559 775.082 or s. 775.083. 560 Section 4. Paragraph (q) of subsection (5) of section 561 212.08, Florida Statutes,is added to that subsection, to read: 562 212.08 Sales, rental, use, consumption, distribution, and 563 storage tax; specified exemptions.—The sale at retail, the 564 rental, the use, the consumption, the distribution, and the 565 storage to be used or consumed in this state of the following 566 are hereby specifically exempt from the tax imposed by this 567 chapter. 568 (5) EXEMPTIONS; ACCOUNT OF USE.— 569 (q) Entertainment industry tax credit; authorization; 570 eligibility for credits.—The credit against sales tax authorized 571 pursuant to s. 288.1254 is available to the holder of a 572 certificate only through a refund of previously paid taxes. To 573 receive a refund, a transferee must submit an application for 574 refund to the Department of Revenue within 12 months after 575 receipt of the transferred credit. Refunds shall be paid from 576 the General Revenue Fund. If the credit for the qualified 577 expenditures is larger than the amount owed on the sales and use 578 tax return on which the credit may be claimed, the unused amount 579 of the credit may be carried forward to a succeeding reporting 580 period as provided in s. 288.1254(4)(e). 581 Section 5. If any provision of this act or the application 582 thereof to any person or circumstance is held invalid, the 583 invalidity shall not affect other provisions or applications of 584 the act which can be given effect without the invalid provision 585 or application, and to this end the provisions of this act are 586 severable. 587 Section 6. This act shall take effect July 1, 2010.