1 | Representative Precourt offered the following: |
2 |
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3 | Amendment (with directory and title amendments) |
4 | Remove lines 607-832 and insert: |
5 | (1) DEFINITIONS.-As used in this section, the term: |
6 | (b) "Digital media project" means a production of |
7 | interactive entertainment that is produced for distribution in |
8 | commercial or educational markets. The term includes a video |
9 | game or production intended for Internet or wireless |
10 | distribution. The term does not include a production that |
11 | contains deemed by the Office of Film and Entertainment to |
12 | contain obscene content as defined in s. 847.001(10) or portrays |
13 | America, Americans, Florida, or Floridians in a negative light. |
14 | (h) "Qualified expenditures" means production expenditures |
15 | incurred in this state by a qualified production for: |
16 | 1. Goods purchased or leased from, or services, including, |
17 | but not limited to, insurance costs and bonding, payroll |
18 | services, and legal fees, which are provided by, a vendor or |
19 | supplier in this state that is registered with the Department of |
20 | State or the Department of Revenue, has a physical location in |
21 | this state, and employs one or more legal residents of this |
22 | state. This does not include re-billed goods or services |
23 | provided by an in-state company from out-of-state vendors or |
24 | suppliers. When services are provided by the vendor or supplier |
25 | include personal services or labor, only personal services or |
26 | labor provided by residents of this state, evidenced by the |
27 | required documentation of residency in this state, qualify. |
28 | 2. Payments to legal residents of this state in the form |
29 | of salary, wages, or other compensation up to a maximum of |
30 | $400,000 per resident unless otherwise specified in subsection |
31 | (4). A completed declaration of residency in this state must |
32 | accompany the documentation submitted to the office for |
33 | reimbursement. |
34 |
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35 | For a qualified production involving an event, such as an awards |
36 | show, the term does not include expenditures solely associated |
37 | with the event itself and not directly required by the |
38 | production. The term does not include expenditures incurred |
39 | before certification, with the exception of those incurred for a |
40 | commercial, a music video, or the pickup of additional episodes |
41 | of a high-impact television series within a single season. Under |
42 | no circumstances may the qualified production include in the |
43 | calculation for qualified expenditures the original purchase |
44 | price for equipment or other tangible property that is later |
45 | sold or transferred by the qualified production for |
46 | consideration. In such cases, the qualified expenditure is the |
47 | net of the original purchase price minus the consideration |
48 | received upon sale or transfer. |
49 | (i) "Qualified production" means a production in this |
50 | state meeting the requirements of this section. The term does |
51 | not include a production: |
52 | 1. In which, for the first 2 years of the incentive |
53 | program, less than 50 percent, and thereafter, less than 60 |
54 | percent, of the positions that make up its production cast and |
55 | below-the-line production crew, or, in the case of digital media |
56 | projects, less than 75 percent of such positions, are filled by |
57 | legal residents of this state, whose residency is demonstrated |
58 | by a valid Florida driver's license or other state-issued |
59 | identification confirming residency, or students enrolled full- |
60 | time in a film-and-entertainment-related course of study at an |
61 | institution of higher education in this state; or |
62 | 2. That contains is deemed by the Office of Film and |
63 | Entertainment to contain obscene content as defined in s. |
64 | 847.001(10) or portrays America, Americans, Florida, or |
65 | Floridians in a negative light. |
66 | (k) "Qualified digital media production facility" means a |
67 | building or series of buildings and their improvements in which |
68 | data processing, visualization, and sound synchronization |
69 | technologies are regularly applied for the production of |
70 | qualified digital media projects. |
71 | (l) "Qualified production facility" means a building or |
72 | complex of buildings and their improvements and associated |
73 | backlot facilities in which regular filming activity for film or |
74 | television has occurred for a period of no less than one year |
75 | and which contain at least one sound stage of at least 7,800 |
76 | square feet. |
77 | (m) "Regional population ratio" means the ratio of the |
78 | population of a region to the population of this state. The |
79 | regional population ratio applicable to a given fiscal year is |
80 | the regional population ratio calculated by the Office of Film |
81 | and Entertainment using the latest official estimates of |
82 | population certified under s. 186.901, available on the first |
83 | day of that fiscal year. |
84 | (n) "Regional tax credit ratio" means a ratio the |
85 | numerator of which is of the sum of tax credits awarded to |
86 | productions in a region to date plus the tax credits certified, |
87 | but not yet awarded, to productions currently in that region and |
88 | the denominator of which is the sum of all tax credits awarded |
89 | in the state to date plus all tax credits certified, but not yet |
90 | awarded, to productions currently in the state. The regional tax |
91 | credit ratio applicable to a given year is the regional tax |
92 | credit ratio calculated by the Office of Film and Entertainment |
93 | using credit award and certification information available on |
94 | the first day of that fiscal year. |
95 | (o) "Underutilized region" for a given state fiscal year |
96 | means a region with a regional tax credit ratio applicable to |
97 | that fiscal year that is lower than its regional population |
98 | ratio applicable to that fiscal year. The following regions are |
99 | established for purposes of making this determination: |
100 | 1. North Region, consisting of Alachua, Baker, Bay, |
101 | Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia, |
102 | Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson, |
103 | Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau, |
104 | Okaloosa, Putnam, Santa Rosa, St. Johns, Suwannee, Taylor, |
105 | Union, Wakulla, Walton, and Washington counties. |
106 | 2. Central East Region, consisting of Brevard, Flagler, |
107 | Indian River, Lake, Okeechobee, Orange, Osceola, Seminole, St. |
108 | Lucie, and Volusia counties. |
109 | 3. Central West Region, consisting of Citrus, Hernando, |
110 | Hillsborough, Manatee, Marion, Polk, Pasco, Pinellas, Sarasota, |
111 | and Sumter counties. |
112 | 4. Southwest Region, consisting of Charlotte, Collier, |
113 | DeSoto, Glades, Hardee, Hendry, Highlands, and Lee counties. |
114 | 5. Southeast Region, consisting of Broward, Martin, Miami- |
115 | Dade, Monroe, and Palm Beach counties. |
116 | (3) APPLICATION PROCEDURE; APPROVAL PROCESS.- |
117 | (c) Application process.-The Office of Film and |
118 | Entertainment shall establish a process by which an application |
119 | is accepted and reviewed and by which tax credit eligibility and |
120 | award amount are determined. The Office of Film and |
121 | Entertainment may request assistance from a duly appointed local |
122 | film commission in determining compliance with this section. A |
123 | high-impact television series may submit an application for no |
124 | more than two successive seasons, notwithstanding the fact that |
125 | the successive season has not been ordered. The successive |
126 | season qualified expenditure amounts shall be based on the |
127 | current season's estimated qualified expenditures. |
128 | (e) Grounds for denial.-The Office of Film and |
129 | Entertainment shall deny an application if it determines that |
130 | the application is not complete or the production or application |
131 | does not meet the requirements of this section. Within 90 days |
132 | after submitting a program application, except with respect to |
133 | applications in the independent and emerging media queue, a |
134 | production must provide proof of project financing to the Office |
135 | of Film and Entertainment, otherwise the project is deemed |
136 | denied and withdrawn. A project that has been withdrawn may |
137 | submit a new application upon providing the Office of Film and |
138 | Entertainment proof of financing. |
139 | (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES; |
140 | ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS; |
141 | PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND |
142 | ACQUISITIONS.- |
143 | (b) Tax credit eligibility.- |
144 | 1. General production queue.-Ninety-four percent of tax |
145 | credits authorized pursuant to subsection (6) in any state |
146 | fiscal year must be dedicated to the general production queue. |
147 | The general production queue consists of all qualified |
148 | productions other than those eligible for the commercial and |
149 | music video queue or the independent and emerging media |
150 | production queue. A qualified production that demonstrates a |
151 | minimum of $625,000 in qualified expenditures is eligible for |
152 | tax credits equal to 20 percent of its actual qualified |
153 | expenditures, up to a maximum of $8 million. A qualified |
154 | production that incurs qualified expenditures during multiple |
155 | state fiscal years may combine those expenditures to satisfy the |
156 | $625,000 minimum threshold. |
157 | a. An off-season certified production that is a feature |
158 | film, independent film, or television series or pilot is |
159 | eligible for an additional 5-percent tax credit on actual |
160 | qualified expenditures. An off-season certified production that |
161 | does not complete 75 percent of principal photography due to a |
162 | disruption caused by a hurricane or tropical storm may not be |
163 | disqualified from eligibility for the additional 5-percent |
164 | credit as a result of the disruption. |
165 | b. If more than 25 percent of the sum of total tax credits |
166 | awarded to productions after July 1, 2010, and total tax credits |
167 | certified, but not yet awarded, to productions currently in this |
168 | state has been awarded for television series, then no television |
169 | series or pilot shall be eligible for tax credits under this |
170 | subparagraph. |
171 | c. The calculations required by this sub-subparagraph |
172 | shall use only credits available to be certified and awarded on |
173 | or after July 1, 2011. |
174 | (I) If less than 25 percent of the sum of the total tax |
175 | credits awarded to productions and the total tax credits |
176 | certified, but not yet awarded, to productions currently in this |
177 | state has been to high-impact television series, any A qualified |
178 | high-impact television series shall be allowed first position in |
179 | this queue for tax credit awards not yet certified. |
180 | (II) If less than 20 percent of the sum of the total tax |
181 | credits awarded to productions and the total tax credits |
182 | certified, but not yet awarded, to productions currently in this |
183 | state has been to digital media projects, any digital media |
184 | project shall be allowed first position in this queue for tax |
185 | credit awards not yet certified. |
186 | (III) For the purposes of determining position between a |
187 | high-impact television series allowed first position and a |
188 | digital media project allowed first position under this sub- |
189 | subparagraph, tax credits shall be awarded on a first-come, |
190 | first-served basis. |
191 | d. A qualified production that incurs at least 85 percent |
192 | of its qualified expenditures within a region designated as an |
193 | underutilized region at the time that the production is |
194 | certified is eligible for an additional 5 percent tax credit. |
195 | e. Any qualified production that employs students enrolled |
196 | full-time in a film and entertainment-related or digital media- |
197 | related course of study at an institution of higher education in |
198 | this state is eligible for an additional 15 percent tax credit |
199 | on qualified expenditures that are wages, salaries, or other |
200 | compensation paid to such students. |
201 | f. A qualified production for which 50 percent or more of |
202 | its principal photography occurs at a qualified production |
203 | facility or a digital media project for which 50 percent or more |
204 | of its qualified expenditures are related to a qualified digital |
205 | media production facility shall be eligible for an additional 5 |
206 | percent tax credit on actual qualified expenditures for |
207 | production activity at that facility. |
208 | g. No qualified production shall be eligible for tax |
209 | credits provided under this paragraph totaling more than 30 |
210 | percent of its actual qualified expenses. |
211 | 2. Commercial and music video queue.-Three percent of tax |
212 | credits authorized pursuant to subsection (6) in any state |
213 | fiscal year must be dedicated to the commercial and music video |
214 | queue. A qualified production company that produces national or |
215 | regional commercials or music videos may be eligible for a tax |
216 | credit award if it demonstrates a minimum of $100,000 in |
217 | qualified expenditures per national or regional commercial or |
218 | music video and exceeds a combined threshold of $500,000 after |
219 | combining actual qualified expenditures from qualified |
220 | commercials and music videos during a single state fiscal year. |
221 | After a qualified production company that produces commercials, |
222 | music videos, or both reaches the threshold of $500,000, it is |
223 | eligible to apply for certification for a tax credit award. The |
224 | maximum credit award shall be equal to 20 percent of its actual |
225 | qualified expenditures up to a maximum of $500,000. If there is |
226 | a surplus at the end of a fiscal year after the Office of Film |
227 | and Entertainment certifies and determines the tax credits for |
228 | all qualified commercial and video projects, such surplus tax |
229 | credits shall be carried forward to the following fiscal year |
230 | and be available to any eligible qualified productions under the |
231 | general production queue. |
232 | 3. Independent and emerging media production queue.-Three |
233 | percent of tax credits authorized pursuant to subsection (6) in |
234 | any state fiscal year must be dedicated to the independent and |
235 | emerging media production queue. This queue is intended to |
236 | encourage Florida independent film and emerging media |
237 | production. Any qualified production, excluding commercials, |
238 | infomercials, or music videos, that demonstrates at least |
239 | $100,000, but not more than $625,000, in total qualified |
240 | expenditures is eligible for tax credits equal to 20 percent of |
241 | its actual qualified expenditures. If a surplus exists at the |
242 | end of a fiscal year after the Office of Film and Entertainment |
243 | certifies and determines the tax credits for all qualified |
244 | independent and emerging media production projects, such surplus |
245 | tax credits shall be carried forward to the following fiscal |
246 | year and be available to any eligible qualified productions |
247 | under the general production queue. |
248 | 4. Family-friendly productions.-A certified theatrical or |
249 | direct-to-video motion picture production or video game |
250 | determined by the Commissioner of Film and Entertainment, with |
251 | the advice of the Florida Film and Entertainment Advisory |
252 | Council, to be family-friendly, based on the review of the |
253 | script and the review of the final release version, is eligible |
254 | for an additional tax credit equal to 5 percent of its actual |
255 | qualified expenditures. Family-friendly productions are those |
256 | that have cross-generational appeal; would be considered |
257 | suitable for viewing by children age 5 or older; are appropriate |
258 | in theme, content, and language for a broad family audience; |
259 | embody a responsible resolution of issues; and do not exhibit or |
260 | imply any act of smoking, sex, nudity, or vulgar or profane |
261 | language. |
262 | (7) ANNUAL ALLOCATION OF TAX CREDITS.- |
263 | (a) The aggregate amount of the tax credits that may be |
264 | certified pursuant to paragraph (3)(d) may not exceed: |
265 | 1. For fiscal year 2010-2011, $53.5 million. |
266 | 2. For fiscal year 2011-2012, $74.5 million. |
267 | 3. For fiscal years 2012-2013, 2013-2014, and 2014-2015, |
268 | $50 $38 million per fiscal year. |
269 | (10) ANNUAL REPORT.-Each October 1, the Office of Film and |
270 | Entertainment shall provide an annual report for the previous |
271 | fiscal year to the Governor, the President of the Senate, and |
272 | the Speaker of the House of Representatives which outlines the |
273 | return on investment and economic benefits to the state. The |
274 | report shall also include an estimate of the full-time |
275 | equivalent positions created by each production that received |
276 | tax credits under s. 288.1254 and information relating to the |
277 | distribution of productions receiving credits by geographic |
278 | region and type of production. |
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282 | ----------------------------------------------------- |
283 | D I R E C T O R Y A M E N D M E N T |
284 | Remove lines 600-604 and insert: |
285 | Section 16. Paragraphs (b), (h), and (i) of subsection (1), |
286 | paragraphs (c) and (e) of subsection (3), paragraph (b) of |
287 | subsection (4), paragraph (a) of subsection (7), and subsection |
288 | (10) of section 288.1254, Florida Statutes, are amended, and |
289 | paragraphs (k), (l), (m), (n), and (o) are added to subsection |
290 | (1) of that section, to read: |
291 |
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292 |
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293 | ----------------------------------------------------- |
294 | T I T L E A M E N D M E N T |
295 | Remove lines 33-37 and insert: |
296 | F.S.; revising and providing definitions; revising criteria for |
297 | awarding tax credits and increasing the amount of credits to be |
298 | awarded under the entertainment industry financial incentive |
299 | program; revising the application procedure and approval |
300 | process; revising requirements relating to the annual report of |
301 | the Office of Film and Entertainment; |