Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1046
       
       
       
       
       
       
                                Ì433232rÎ433232                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2015           .                                
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Detert) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 288.125, Florida Statutes, is amended to
    6  read:
    7         288.125 Definition of term “entertainment industry.”—For
    8  the purposes of ss. 288.1254, 288.1256, 288.1258, 288.913,
    9  288.914, and 288.915 ss. 288.1251-288.1258, the term
   10  “entertainment industry” means those persons or entities engaged
   11  in the operation of motion picture or television studios or
   12  recording studios; those persons or entities engaged in the
   13  preproduction, production, or postproduction of motion pictures,
   14  made-for-television movies, television programming, digital
   15  media projects, commercial advertising, music videos, or sound
   16  recordings; and those persons or entities providing products or
   17  services directly related to the preproduction, production, or
   18  postproduction of motion pictures, made-for-television movies,
   19  television programming, digital media projects, commercial
   20  advertising, music videos, or sound recordings, including, but
   21  not limited to, the broadcast industry.
   22         Section 2. Section 288.1251, Florida Statutes, is
   23  transferred, renumbered as section 288.913, Florida Statutes,
   24  and amended to read:
   25         288.913 288.1251 Promotion and development of entertainment
   26  industry; Division Office of Film and Entertainment; creation;
   27  purpose; powers and duties.—
   28         (1) CREATION.—
   29         (a)The Division of Film and Entertainment is There is
   30  hereby created within Enterprise Florida, Inc., the department
   31  the Office of Film and Entertainment for the purpose of
   32  developing, recruiting, marketing, promoting, and providing
   33  services to the state’s entertainment industry. The division
   34  shall serve as a liaison between the entertainment industry and
   35  other state and local governmental agencies, local film
   36  commissions, and labor organizations.
   37         (2)(b)COMMISSIONER.—The Governor shall appoint the film
   38  and entertainment commissioner, who shall serve at the pleasure
   39  of the Governor department shall conduct a national search for a
   40  qualified person to fill the position of Commissioner of Film
   41  and Entertainment when the position is vacant. The executive
   42  director of the department has the responsibility to hire the
   43  film commissioner. The commissioner is subject to the
   44  requirements of s. 288.901(1)(c). Qualifications for the film
   45  commissioner include, but are not limited to, the following:
   46         (a)1. A working knowledge of and experience with the
   47  equipment, personnel, financial, and day-to-day production
   48  operations of the industries to be served by the division Office
   49  of Film and Entertainment;
   50         (b)2. Marketing and promotion experience related to the
   51  film and entertainment industries to be served;
   52         (c)3. Experience working with a variety of individuals
   53  representing large and small entertainment-related businesses,
   54  industry associations, local community entertainment industry
   55  liaisons, and labor organizations; and
   56         (d)4. Experience working with a variety of state and local
   57  governmental agencies.
   58         (3)(2) POWERS AND DUTIES.—
   59         (a) The Division Office of Film and Entertainment, in
   60  performance of its duties, shall develop and:
   61         1. In consultation with the Florida Film and Entertainment
   62  Advisory Council, update a 5-year the strategic plan every 5
   63  years to guide the activities of the division Office of Film and
   64  Entertainment in the areas of entertainment industry
   65  development, marketing, promotion, liaison services, field
   66  office administration, and information. The plan shall:
   67         a. be annual in construction and ongoing in nature.
   68         1. At a minimum, the plan must address the following:
   69         a.b.Include recommendations relating to The organizational
   70  structure of the division, including any field offices outside
   71  the state office.
   72         b. The coordination of the division with local or regional
   73  offices maintained by counties and regions of the state, local
   74  film commissions, and labor organizations, and the coordination
   75  of such entities with each other to facilitate a working
   76  relationship.
   77         c.Strategies to identify, solicit, and recruit
   78  entertainment production opportunities for the state, including
   79  implementation of programs for rural and urban areas designed to
   80  develop and promote the state’s entertainment industry.
   81         d.c.Include An annual budget projection for the division
   82  office for each year of the plan.
   83         d. Include an operational model for the office to use in
   84  implementing programs for rural and urban areas designed to:
   85         (I) develop and promote the state’s entertainment industry.
   86         (II) Have the office serve as a liaison between the
   87  entertainment industry and other state and local governmental
   88  agencies, local film commissions, and labor organizations.
   89         (III) Gather statistical information related to the state’s
   90  entertainment industry.
   91         e.(IV)Provision of Provide information and service to
   92  businesses, communities, organizations, and individuals engaged
   93  in entertainment industry activities.
   94         (V) Administer field offices outside the state and
   95  coordinate with regional offices maintained by counties and
   96  regions of the state, as described in sub-sub-subparagraph (II),
   97  as necessary.
   98         f.e.Include Performance standards and measurable outcomes
   99  for the programs to be implemented by the division office.
  100         2. The plan shall be annually reviewed and approved by the
  101  board of directors of Enterprise Florida, Inc.
  102         f. Include an assessment of, and make recommendations on,
  103  the feasibility of creating an alternative public-private
  104  partnership for the purpose of contracting with such a
  105  partnership for the administration of the state’s entertainment
  106  industry promotion, development, marketing, and service
  107  programs.
  108         2. Develop, market, and facilitate a working relationship
  109  between state agencies and local governments in cooperation with
  110  local film commission offices for out-of-state and indigenous
  111  entertainment industry production entities.
  112         3. Implement a structured methodology prescribed for
  113  coordinating activities of local offices with each other and the
  114  commissioner’s office.
  115         (b) The division shall also:
  116         1.4. Represent the state’s indigenous entertainment
  117  industry to key decisionmakers within the national and
  118  international entertainment industry, and to state and local
  119  officials.
  120         2.5. Prepare an inventory and analysis of the state’s
  121  entertainment industry, including, but not limited to,
  122  information on crew, related businesses, support services, job
  123  creation, talent, and economic impact and coordinate with local
  124  offices to develop an information tool for common use.
  125         3.6. Identify, solicit, and recruit entertainment
  126  production opportunities for the state.
  127         4.7. Assist rural communities and other small communities
  128  in the state in developing the expertise and capacity necessary
  129  for such communities to develop, market, promote, and provide
  130  services to the state’s entertainment industry.
  131         (c)(b) The division Office of Film and Entertainment, in
  132  the performance of its duties, may:
  133         1. Conduct or contract for specific promotion and marketing
  134  functions, including, but not limited to, production of a
  135  statewide directory, production and maintenance of an Internet
  136  website, establishment and maintenance of a toll-free telephone
  137  number, organization of trade show participation, and
  138  appropriate cooperative marketing opportunities.
  139         2. Conduct its affairs, carry on its operations, establish
  140  offices, and exercise the powers granted by this act in any
  141  state, territory, district, or possession of the United States.
  142         3. Carry out any program of information, special events, or
  143  publicity designed to attract entertainment industry to Florida.
  144         4. Develop relationships and leverage resources with other
  145  public and private organizations or groups in their efforts to
  146  publicize to the entertainment industry in this state, other
  147  states, and other countries the depth of Florida’s entertainment
  148  industry talent, crew, production companies, production
  149  equipment resources, related businesses, and support services,
  150  including the establishment of and expenditure for a program of
  151  cooperative advertising with these public and private
  152  organizations and groups in accordance with the provisions of
  153  chapter 120.
  154         5. Provide and arrange for reasonable and necessary
  155  promotional items and services for such persons as the division
  156  office deems proper in connection with the performance of the
  157  promotional and other duties of the division office.
  158         6. Prepare an annual economic impact analysis on
  159  entertainment industry-related activities in the state.
  160         7. Request or accept any grant, payment, or gift of funds
  161  or property made by this state, the United States, or any
  162  department or agency thereof, or by any individual, firm,
  163  corporation, municipality, county, or organization, for any or
  164  all of the purposes of the Office of Film and Entertainment’s 5
  165  year strategic plan or those permitted activities enumerated in
  166  this paragraph. Such funds shall be deposited in a separate
  167  account the Grants and Donations Trust Fund of the Executive
  168  Office of the Governor for use by the division Office of Film
  169  and Entertainment in carrying out its responsibilities and
  170  duties as delineated in law. The division office may expend such
  171  funds in accordance with the terms and conditions of any such
  172  grant, payment, or gift in the pursuit of its administration or
  173  in support of fulfilling its duties and responsibilities. The
  174  division office shall separately account for the public funds
  175  and the private funds deposited into the account trust fund.
  176         Section 3. Section 288.1252, Florida Statutes, is
  177  transferred, renumbered as section 288.914, Florida Statutes,
  178  and amended to read:
  179         288.914 288.1252 Florida Film and Entertainment Advisory
  180  Council; creation; purpose; membership; powers and duties.—
  181         (1) CREATION.—There is created within the department, for
  182  administrative purposes only, the Florida Film and Entertainment
  183  Advisory Council.
  184         (1)(2)CREATION AND PURPOSE.—The Florida Film and
  185  Entertainment Advisory Council is created purpose of the Council
  186  is to serve as an advisory body to the Division of Film and
  187  Entertainment within Enterprise Florida, Inc., and department
  188  and to the Office of Film and Entertainment to provide these
  189  offices with industry insight and expertise related to
  190  developing, marketing, and promoting, and providing service to
  191  the state’s entertainment industry.
  192         (2)(3) MEMBERSHIP.—
  193         (a) The council shall consist of 11 17 members, 5 7 to be
  194  appointed by the Governor, 3 5 to be appointed by the President
  195  of the Senate, and 3 5 to be appointed by the Speaker of the
  196  House of Representatives.
  197         (b) When making appointments to the council, the Governor,
  198  the President of the Senate, and the Speaker of the House of
  199  Representatives shall appoint persons who are residents of the
  200  state and who are highly knowledgeable of, active in, and
  201  recognized leaders in Florida’s motion picture, television,
  202  video, sound recording, or other entertainment industries. These
  203  persons shall include, but not be limited to, representatives of
  204  local film commissions, representatives of entertainment
  205  associations, a representative of the broadcast industry,
  206  representatives of labor organizations in the entertainment
  207  industry, and board chairs, presidents, chief executive
  208  officers, chief operating officers, or persons of comparable
  209  executive position or stature of leading or otherwise important
  210  entertainment industry businesses and offices. Council members
  211  shall be appointed in such a manner as to equitably represent
  212  the broadest spectrum of the entertainment industry and
  213  geographic areas of the state.
  214         (c) Council members shall serve for 4-year terms. A member
  215  of the council serving as of July 1, 2015, may serve the
  216  remainder of his or her term, but upon the conclusion of the
  217  term or upon vacancy, such appointment may not be filled except
  218  to meet the requirements of this section.
  219         (d) Subsequent appointments shall be made by the official
  220  who appointed the council member whose expired term is to be
  221  filled.
  222         (e) A representative of Enterprise Florida, Inc., a
  223  representative of Workforce Florida, Inc., and a representative
  224  of VISIT Florida shall serve as ex officio, nonvoting members of
  225  the council, and shall be in addition to the 11 17 appointed
  226  members of the council.
  227         (f) Absence from three consecutive meetings shall result in
  228  automatic removal from the council.
  229         (g) A vacancy on the council shall be filled for the
  230  remainder of the unexpired term by the official who appointed
  231  the vacating member.
  232         (h) No more than one member of the council may be an
  233  employee of any one company, organization, or association.
  234         (i) Any member shall be eligible for reappointment but may
  235  not serve more than two consecutive terms.
  236         (3)(4) MEETINGS; ORGANIZATION.—
  237         (a) The council shall meet at least no less frequently than
  238  once each quarter of the calendar year, and but may meet more
  239  often as determined necessary set by the council.
  240         (b) The council shall annually elect from its appointed
  241  membership one member to serve as chair of the council and one
  242  member to serve as vice chair. The Division Office of Film and
  243  Entertainment shall provide staff assistance to the council,
  244  which must shall include, but need not be limited to, keeping
  245  records of the proceedings of the council, and serving as
  246  custodian of all books, documents, and papers filed with the
  247  council.
  248         (c) A majority of the members of the council constitutes
  249  shall constitute a quorum.
  250         (d) Members of the council shall serve without
  251  compensation, but are shall be entitled to reimbursement for per
  252  diem and travel expenses in accordance with s. 112.061 while in
  253  performance of their duties.
  254         (4)(5) POWERS AND DUTIES.—The Florida Film and
  255  Entertainment Advisory Council shall have all the power powers
  256  necessary or convenient to carry out and effectuate the purposes
  257  and provisions of this act, including, but not limited to, the
  258  power to:
  259         (a) Adopt bylaws for the governance of its affairs and the
  260  conduct of its business.
  261         (b) Advise the Division of Film and Entertainment and
  262  consult with the Office of Film and Entertainment on the
  263  content, development, and implementation of the division’s 5
  264  year strategic plan to guide the activities of the office.
  265         (c) Review the Commissioner of Film and Entertainment’s
  266  administration of the programs related to the strategic plan,
  267  and Advise the Division of Film and Entertainment commissioner
  268  on the division’s programs and any changes that might be made to
  269  better meet the strategic plan.
  270         (d) Consider and study the needs of the entertainment
  271  industry for the purpose of advising the Division of Film and
  272  Entertainment film commissioner and the department.
  273         (e) Identify and make recommendations on state agency and
  274  local government actions that may have an impact on the
  275  entertainment industry or that may appear to industry
  276  representatives as an official state or local actions action
  277  affecting production in the state, and advise the Division of
  278  Film and Entertainment of such actions.
  279         (f) Consider all matters submitted to it by the Division of
  280  Film and Entertainment film commissioner and the department.
  281         (g) Advise and consult with the film commissioner and the
  282  department, at their request or upon its own initiative,
  283  regarding the promulgation, administration, and enforcement of
  284  all laws and rules relating to the entertainment industry.
  285         (g)(h) Suggest policies and practices for the conduct of
  286  business by the Office of Film and Entertainment or by the
  287  department that will improve interaction with internal
  288  operations affecting the entertainment industry and will enhance
  289  related state the economic development initiatives of the state
  290  for the industry.
  291         (i) Appear on its own behalf before boards, commissions,
  292  departments, or other agencies of municipal, county, or state
  293  government, or the Federal Government.
  294         Section 4. Section 288.1253, Florida Statutes, is
  295  transferred, renumbered as section 288.915, Florida Statutes,
  296  and amended to read:
  297         288.915 288.1253 Travel and entertainment expenses.—
  298         (1) As used in this section, the term “travel expenses”
  299  means the actual, necessary, and reasonable costs of
  300  transportation, meals, lodging, and incidental expenses normally
  301  incurred by an employee of the Division Office of Film and
  302  Entertainment within Enterprise Florida, Inc., as which costs
  303  are defined and prescribed by rules adopted by the department
  304  rule, subject to approval by the Chief Financial Officer.
  305         (2) Notwithstanding the provisions of s. 112.061, the
  306  department shall adopt rules by which the Division of Film and
  307  Entertainment it may make expenditures by reimbursement to: the
  308  Governor, the Lieutenant Governor, security staff of the
  309  Governor or Lieutenant Governor, the Commissioner of Film and
  310  Entertainment, or staff of the Division Office of Film and
  311  Entertainment for travel expenses or entertainment expenses
  312  incurred by such individuals solely and exclusively in
  313  connection with the performance of the statutory duties of the
  314  division Office of Film and Entertainment. The rules are subject
  315  to approval by the Chief Financial Officer before adoption. The
  316  rules shall require the submission of paid receipts, or other
  317  proof of expenditure prescribed by the Chief Financial Officer,
  318  with any claim for reimbursement.
  319         (3) The Division Office of Film and Entertainment shall
  320  include in the annual report for the entertainment industry
  321  financial incentive program required under s. 288.1254(10) a
  322  report of the division’s office’s expenditures for the previous
  323  fiscal year. The report must consist of a summary of all travel,
  324  entertainment, and incidental expenses incurred within the
  325  United States and all travel, entertainment, and incidental
  326  expenses incurred outside the United States, as well as a
  327  summary of all successful projects that developed from such
  328  travel.
  329         (4) The Division Office of Film and Entertainment and its
  330  employees and representatives, when authorized, may accept and
  331  use complimentary travel, accommodations, meeting space, meals,
  332  equipment, transportation, and any other goods or services
  333  necessary for or beneficial to the performance of the division’s
  334  office’s duties and purposes, so long as such acceptance or use
  335  is not in conflict with part III of chapter 112. The department
  336  shall, by rule, develop internal controls to ensure that such
  337  goods or services accepted or used pursuant to this subsection
  338  are limited to those that will assist solely and exclusively in
  339  the furtherance of the division’s office’s goals and are in
  340  compliance with part III of chapter 112. Notwithstanding this
  341  subsection, the division and its employees and representatives
  342  may not accept any complimentary travel, accommodations, meeting
  343  space, meals, equipment, transportation, or any other goods or
  344  services from an entity or party, including an employee,
  345  designee, or representative of such entity or party, which has
  346  received, has applied to receive, or anticipates that it will
  347  receive through an application, funds under s. 288.1256. If the
  348  division or its employee or representative accepts such goods or
  349  services, the division or its employee or representative is
  350  subject to the penalties provided in s. 112.317.
  351         (5) Any claim submitted under this section is not required
  352  to be sworn to before a notary public or other officer
  353  authorized to administer oaths, but any claim authorized or
  354  required to be made under any provision of this section shall
  355  contain a statement that the expenses were actually incurred as
  356  necessary travel or entertainment expenses in the performance of
  357  official duties of the Division Office of Film and Entertainment
  358  and shall be verified by written declaration that it is true and
  359  correct as to every material matter. Any person who willfully
  360  makes and subscribes to any claim that which he or she does not
  361  believe to be true and correct as to every material matter or
  362  who willfully aids or assists in, procures, or counsels or
  363  advises with respect to, the preparation or presentation of a
  364  claim pursuant to this section which that is fraudulent or false
  365  as to any material matter, whether such falsity or fraud is with
  366  the knowledge or consent of the person authorized or required to
  367  present the claim, commits a misdemeanor of the second degree,
  368  punishable as provided in s. 775.082 or s. 775.083. Whoever
  369  receives a reimbursement by means of a false claim is civilly
  370  liable, in the amount of the overpayment, for the reimbursement
  371  of the public fund from which the claim was paid.
  372         Section 5. Section 288.1254, Florida Statutes, is amended
  373  to read:
  374         288.1254 Entertainment industry financial incentive
  375  program.—
  376         (1) DEFINITIONS.—As used in this section, the term:
  377         (a) “Certified production” means a qualified production
  378  that has tax credits allocated to it by the department based on
  379  the production’s estimated qualified expenditures, up to the
  380  production’s maximum certified amount of tax credits, by the
  381  department. The term does not include a production if its first
  382  day of principal photography or project start date in this state
  383  occurs before the production is certified by the department,
  384  unless the production spans more than 1 fiscal year, was a
  385  certified production on its first day of principal photography
  386  or project start date in this state, and submits an application
  387  for continuing the same production for the subsequent fiscal
  388  year.
  389         (b) “Digital media project” means a production of
  390  interactive entertainment that is produced for distribution in
  391  commercial or educational markets. The term includes a video
  392  game or production intended for Internet or wireless
  393  distribution, an interactive website, digital animation, and
  394  visual effects, including, but not limited to, three-dimensional
  395  movie productions and movie conversions. The term does not
  396  include a production that contains content that is obscene as
  397  defined in s. 847.001.
  398         (c) “Family-friendly production” means a production that
  399  has cross-generational appeal; is considered suitable for
  400  viewing by children age 5 or older; is appropriate in theme,
  401  content, and language for a broad family audience; embodies a
  402  responsible resolution of issues; and does not exhibit or imply
  403  any act of smoking, sex, nudity, or vulgar or profane language
  404  “High-impact digital media project” means a digital media
  405  project that has qualified expenditures greater than $4.5
  406  million.
  407         (d) “High-impact television production series” means:
  408         1. A production created to run multiple production seasons
  409  which has and having an estimated order of at least seven
  410  episodes per season and qualified expenditures of at least $1
  411  million $625,000 per episode; or
  412         2. A telenovela that has qualified expenditures of more
  413  than $6 million; a minimum of 45 principal photography days
  414  filmed in this state; a production cast, including background
  415  actors, and a crew of which at least 90 percent are legal
  416  residents of this state; and at least 90 percent of its
  417  production occurring in this state.
  418         (e) “Off-season certified production” means a feature film,
  419  independent film, or television series or pilot that films 75
  420  percent or more of its principal photography days from June 1
  421  through November 30.
  422         (f) “Principal photography” means the filming of major or
  423  significant components of the qualified production which involve
  424  lead actors.
  425         (f)(g) “Production” means a theatrical, or direct-to-video,
  426  or direct-to-Internet motion picture; a made-for-television
  427  motion picture; visual effects or digital animation sequences
  428  produced in conjunction with a motion picture; a commercial; a
  429  music video; an industrial or educational film; an infomercial;
  430  a documentary film; a television pilot program; a presentation
  431  for a television pilot program; a television series, including,
  432  but not limited to, a drama, a reality show, a comedy, a soap
  433  opera, a telenovela, a game show, an awards show, or a
  434  miniseries production; a direct-to-Internet television series;
  435  or a digital media project by the entertainment industry. One
  436  season of a television series is considered one production. The
  437  term does not include a weather or market program; a sporting
  438  event or a sporting event broadcast; a gala; a production that
  439  solicits funds; a home shopping program; a political program; a
  440  political documentary; political advertising; a gambling-related
  441  project or production; a concert production; a local, regional,
  442  or Internet-distributed-only news show or current-events show; a
  443  sports news or sports recap show; a pornographic production; or
  444  any production deemed obscene under chapter 847. A production
  445  may be produced on or by film, tape, or otherwise by means of a
  446  motion picture camera; electronic camera or device; tape device;
  447  computer; any combination of the foregoing; or any other means,
  448  method, or device.
  449         (g)(h) “Production expenditures” means the costs of
  450  tangible and intangible property used for, and services
  451  performed primarily and customarily in, production, including
  452  preproduction and postproduction, but excluding costs for
  453  development, marketing, and distribution. The term includes, but
  454  is not limited to:
  455         1. Wages, salaries, or other compensation paid to legal
  456  residents of this state, including amounts paid through payroll
  457  service companies, for technical and production crews,
  458  directors, producers, and performers.
  459         2. Net expenditures for sound stages, backlots, production
  460  editing, digital effects, sound recordings, sets, and set
  461  construction.
  462         3. Net expenditures for rental equipment, including, but
  463  not limited to, cameras and grip or electrical equipment.
  464         4. Up to $300,000 of the costs of newly purchased computer
  465  software and hardware unique to the project, including servers,
  466  data processing, and visualization technologies, which are
  467  located in and used exclusively in this the state for the
  468  production of digital media.
  469         5. Expenditures for meals, travel, and accommodations. For
  470  purposes of this paragraph, the term “net expenditures” means
  471  the actual amount of money a qualified production spent for
  472  equipment or other tangible personal property, after subtracting
  473  any consideration received for reselling or transferring the
  474  item after the qualified production ends, if applicable.
  475         (h)(i) “Qualified expenditures” means production
  476  expenditures incurred in this state by a qualified production
  477  for:
  478         1. Goods purchased or leased from, or services, including,
  479  but not limited to, insurance costs and bonding, payroll
  480  services, and legal fees, which are provided by, a vendor or
  481  supplier in this state that is registered with the Department of
  482  State or the Department of Revenue, has a physical location in
  483  this state, and employs one or more legal residents of this
  484  state. This does not include rebilled goods or services provided
  485  by an in-state company from out-of-state vendors or suppliers.
  486  When services provided by the vendor or supplier include
  487  personal services or labor, only personal services or labor
  488  provided by residents of this state, evidenced by the required
  489  documentation of residency in this state, qualify.
  490         2. Payments to legal residents of this state in the form of
  491  salary, wages, or other compensation up to a maximum of $400,000
  492  per resident unless otherwise specified in subsection (4). A
  493  completed declaration of residency in this state must accompany
  494  the documentation submitted to the department office for
  495  reimbursement.
  496  
  497  For a qualified production involving an event, such as an awards
  498  show, the term does not include expenditures solely associated
  499  with the event itself and not directly required by the
  500  production. The term does not include expenditures incurred
  501  before certification, with the exception of those incurred for a
  502  commercial, a music video, or the pickup of additional episodes
  503  of a high-impact television production series within a single
  504  season. Under no circumstances may The qualified production may
  505  not include in the calculation for qualified expenditures the
  506  original purchase price for equipment or other tangible property
  507  that is later sold or transferred by the qualified production
  508  for consideration. In such cases, the qualified expenditure is
  509  the net of the original purchase price minus the consideration
  510  received upon sale or transfer.
  511         (i)(j) “Qualified production” means a production in this
  512  state meeting the requirements of this section. The term does
  513  not include a production:
  514         1. In which, for the first 2 years of the incentive
  515  program, less than 50 percent, and thereafter, less than 60
  516  percent, of the positions that make up its production cast and
  517  below-the-line production crew, or, in the case of digital media
  518  projects, less than 75 percent of such positions, are filled by
  519  legal residents of this state, whose residency is demonstrated
  520  by a valid Florida driver license or other state-issued
  521  identification confirming residency, or students enrolled full
  522  time in an entertainment-related a film-and-entertainment
  523  related course of study at an institution of higher education in
  524  this state; or
  525         2. That contains obscene content as defined in s.
  526  847.001(10).
  527         (j)(k) “Qualified production company” means a corporation,
  528  limited liability company, partnership, or other legal entity
  529  engaged in one or more productions in this state.
  530         (l) “Qualified digital media production facility” means a
  531  building or series of buildings and their improvements in which
  532  data processing, visualization, and sound synchronization
  533  technologies are regularly applied for the production of
  534  qualified digital media projects or the digital animation
  535  components of qualified productions.
  536         (m) “Qualified production facility” means a building or
  537  complex of buildings and their improvements and associated
  538  backlot facilities in which regular filming activity for film or
  539  television has occurred for a period of no less than 1 year and
  540  which contain at least one sound stage of at least 7,800 square
  541  feet.
  542         (n) “Regional population ratio” means the ratio of the
  543  population of a region to the population of this state. The
  544  regional population ratio applicable to a given fiscal year is
  545  the regional population ratio calculated by the Office of Film
  546  and Entertainment using the latest official estimates of
  547  population certified under s. 186.901, available on the first
  548  day of that fiscal year.
  549         (o) “Regional tax credit ratio” means a ratio the numerator
  550  of which is the sum of tax credits awarded to productions in a
  551  region to date plus the tax credits certified, but not yet
  552  awarded, to productions currently in that region and the
  553  denominator of which is the sum of all tax credits awarded in
  554  the state to date plus all tax credits certified, but not yet
  555  awarded, to productions currently in the state. The regional tax
  556  credit ratio applicable to a given year is the regional tax
  557  credit ratio calculated by the Office of Film and Entertainment
  558  using credit award and certification information available on
  559  the first day of that fiscal year.
  560         (p) “Underutilized region” for a given state fiscal year
  561  means a region with a regional tax credit ratio applicable to
  562  that fiscal year that is lower than its regional population
  563  ratio applicable to that fiscal year. The following regions are
  564  established for purposes of making this determination:
  565         1. North Region, consisting of Alachua, Baker, Bay,
  566  Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia,
  567  Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson,
  568  Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau,
  569  Okaloosa, Putnam, Santa Rosa, St. Johns, Suwannee, Taylor,
  570  Union, Wakulla, Walton, and Washington Counties.
  571         2. Central East Region, consisting of Brevard, Flagler,
  572  Indian River, Lake, Okeechobee, Orange, Osceola, Seminole, St.
  573  Lucie, and Volusia Counties.
  574         3. Central West Region, consisting of Citrus, Hernando,
  575  Hillsborough, Manatee, Marion, Polk, Pasco, Pinellas, Sarasota,
  576  and Sumter Counties.
  577         4. Southwest Region, consisting of Charlotte, Collier,
  578  DeSoto, Glades, Hardee, Hendry, Highlands, and Lee Counties.
  579         5. Southeast Region, consisting of Broward, Martin, Miami
  580  Dade, Monroe, and Palm Beach Counties.
  581         (k)(q) “Interactive website” means a website or group of
  582  websites that includes interactive and downloadable content, and
  583  creates 25 new Florida full-time equivalent positions operating
  584  from a principal place of business located within Florida. An
  585  interactive website or group of websites must provide
  586  documentation that those jobs were created to the department
  587  before Office of Film and Entertainment prior to the award of
  588  tax credits. Each subsequent program application must provide
  589  proof that 25 Florida full-time equivalent positions are
  590  maintained.
  591         (l) “Underutilized county” means a county in which less
  592  than $500,000 in qualified expenditures were made in the last 2
  593  fiscal years.
  594         (2) CREATION AND PURPOSE OF PROGRAM.—The entertainment
  595  industry financial incentive program is created within the
  596  department Office of Film and Entertainment. The purpose of this
  597  program is to encourage the use of this state as a site for
  598  entertainment production, for filming, and for the digital
  599  production of entertainment films, and to develop and sustain
  600  the workforce and infrastructure for film, digital media, and
  601  entertainment production.
  602         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
  603         (a) Program application.—A qualified production company
  604  producing a qualified production in this state may submit a
  605  program application to the Division Office of Film and
  606  Entertainment for the purpose of determining qualification for
  607  an award of tax credits authorized by this section no earlier
  608  than 180 days before the first day of principal photography or
  609  project start date in this state. The applicant shall provide
  610  the division Office of Film and Entertainment with information
  611  required to determine whether the production is a qualified
  612  production and to determine the qualified expenditures and other
  613  information necessary for the division and the department office
  614  to determine eligibility for the tax credit.
  615         (b) Required documentation.—The department, in consultation
  616  with the division, Office of Film and Entertainment shall
  617  develop an application form for qualifying an applicant as a
  618  qualified production. The form must include, but need not be
  619  limited to, production-related information concerning employment
  620  of residents in this state;, a detailed budget of planned
  621  qualified expenditures and aggregate nonqualified expenditures,
  622  including capital investment, in this state; proof of financing
  623  for the production;, and the applicant’s signed affirmation that
  624  the information on the form has been verified and is correct.
  625  The division Office of Film and Entertainment and local film
  626  commissions shall distribute the form.
  627         (c) Application process.—The division Office of Film and
  628  Entertainment shall establish a process by which an application
  629  is accepted and reviewed and by which tax credit eligibility and
  630  award amount are determined.
  631         1.The division shall review, evaluate, and rank
  632  applications for each queue, as provided in subsection (4),
  633  using the following evaluation criteria, with priority given in
  634  descending order, with the highest priority given to sub
  635  subparagraph a.:
  636         a.The number of state residents that will be employed in
  637  full-time equivalent and part-time positions related to the
  638  project, and the duration of such employment and the average
  639  wages paid to such residents. Preference shall be given to a
  640  project that expects to pay higher than the statewide average
  641  wage.
  642         b.The amount of qualified and nonqualifed expenditures
  643  that will be made in this state.
  644         c.The duration of the project in this state, including
  645  whether production will occur in an underutilized county.
  646         d. The length of time for planned preproduction and
  647  postproduction scheduled to occur in this state.
  648         e.The amount of capital investment, especially fixed
  649  capital investment, to be made directly by the production
  650  company in this state related to the project and the amount of
  651  any other capital investment to be made in this state related to
  652  the project.
  653         f. The local support and amount of any financial commitment
  654  for the project.
  655         2.The Division of Film and Entertainment shall designate
  656  two application cycles per fiscal year for qualified production
  657  companies to submit applications pursuant to this section. Each
  658  application cycle must consist of an application submittal
  659  deadline and a subsequent review period. The two application
  660  deadlines shall be separated in time by at least 4 months. The
  661  first application cycle must be “Application Cycle A,” and the
  662  second application cycle must be “Application Cycle B.” Each
  663  applicant must designate the cycle for which the applicant is
  664  applying.
  665         3.The Division of Film and Entertainment shall designate
  666  the length of the review period for each application cycle which
  667  must immediately follow its corresponding application deadline.
  668  The review cycle may not exceed 30 days. During each review
  669  period, the Division of Film and Entertainment shall:
  670         a.Review each timely received application to ensure that
  671  the application is complete and shall label each application
  672  according to its queue as specified in subsection (4).
  673         b.Recommend rankings for applications pursuant to the
  674  criteria in subparagraph 1.
  675         c.Submit each complete and timely received application
  676  along with the recommended application rankings to the
  677  department no later than 1 day after the end of the review
  678  cycle. Applications that do not meet the requirements of this
  679  section may not be ranked.
  680         4.Applications that are not timely received or complete
  681  may not be carried forward to a subsequent application cycle.
  682         5. A certified high-impact television production may submit
  683  an initial application for no more than two successive seasons,
  684  notwithstanding the fact that the second season has not been
  685  ordered. The qualified expenditure amounts for the second season
  686  shall be based on the current season’s estimated qualified
  687  expenditures. Upon the completion of production of each season,
  688  a high-impact television production may submit an application
  689  for only one additional season. To be certified for a tax
  690  credit, the applicant must agree to notify the department within
  691  10 days if the additional season is not ordered or is cancelled.
  692         The Office of Film and Entertainment may request assistance
  693  from a duly appointed local film commission in determining
  694  compliance with this section. A certified high-impact television
  695  series may submit an initial application for no more than two
  696  successive seasons, notwithstanding the fact that the successive
  697  seasons have not been ordered. The successive season’s qualified
  698  expenditure amounts shall be based on the current season’s
  699  estimated qualified expenditures. Upon the completion of
  700  production of each season, a high-impact television series may
  701  submit an application for no more than one additional season.
  702         (d) Certification.—
  703         1. The department Office of Film and Entertainment shall
  704  review the applications and recommendations by the division
  705  application within 15 business days after receipt from the
  706  division. Upon its determination that The department shall
  707  determine if each application contains all the information
  708  required by this subsection and meets the criteria set out in
  709  this section. Going from the highest-ranked and recommended
  710  application to the lowest-ranked application, the department,
  711  the Office of Film and Entertainment shall determine, for each
  712  application, whether to certify the tax credit amount qualify
  713  the applicant and recommend to the department that the applicant
  714  be certified for the maximum tax credit award amount. Within 5
  715  business days after receipt of the recommendation, the
  716  department shall reject the recommendation or certify the
  717  maximum recommended tax credit award, if any funds are
  718  available, to the applicant and to the executive director of the
  719  Department of Revenue; or to reject the request for the tax
  720  credit pursuant to paragraph (f).
  721         2. The department may certify only up to 50 percent of the
  722  credits available in a fiscal year for “Application Cycle A” of
  723  the fiscal year. All remaining tax credits in the fiscal year
  724  may be certified in “Application Cycle B.” The department may
  725  not certify tax credits in an amount greater than the allocation
  726  for a specified fiscal year, as determined under subsection (7).
  727         (e) Employment.Upon certification by the department, the
  728  production must provide the department and the Division of Film
  729  and Entertainment with a single point of contact and information
  730  related to the production’s needs for cast, crew, contractors,
  731  and vendors. The division shall publish this information online,
  732  including the type of production, the projected start date of
  733  the production, the locations in this state for such production,
  734  and the e-mail or other contact information for the production’s
  735  point of contact. The department, in consultation with the
  736  division, may adopt procedures for a production to post such
  737  information itself within 7 days after certification.
  738         (f)(e)Grounds for denial.—The department Office of Film
  739  and Entertainment shall deny an application if it determines
  740  that the application is not complete, or the production or
  741  application does not meet the requirements of this section, or
  742  the application is not ranked by the division. Within 90 days
  743  after submitting a program application, except with respect to
  744  applications in the independent and emerging media queue, a
  745  production must provide proof of project financing to the Office
  746  of Film and Entertainment, otherwise the project is deemed
  747  denied and withdrawn. A project that has been denied withdrawn
  748  may submit a new application in a subsequent application cycle
  749  upon providing the Office of Film and Entertainment proof of
  750  financing.
  751         (g)(f)Verification of actual qualified expenditures.—
  752         1. The department, in consultation with the Division Office
  753  of Film and Entertainment, shall develop a process to verify the
  754  actual qualified expenditures of a certified production. The
  755  process must require:
  756         a. A certified production to submit, within 180 days in a
  757  timely manner after production ends in this state and after
  758  making all of its qualified expenditures in this state, data
  759  substantiating each qualified expenditure, including
  760  documentation of on the net expenditure on equipment and other
  761  tangible personal property by the qualified production and all
  762  production-related information on full- and part-time employment
  763  and wages paid to residents of this state, to an independent
  764  certified public accountant licensed in this state;
  765         b. Such accountant to conduct a compliance audit, at the
  766  certified production’s expense, to substantiate each qualified
  767  expenditure and submit the results as a report, along with the
  768  required substantiating data, to the department Office of Film
  769  and Entertainment; and
  770         c. The department Office of Film and Entertainment to
  771  review the accountant’s submittal and verify report to the
  772  department the final verified amount of actual qualified
  773  expenditures made by the certified production.
  774         2. The department shall also require a certified production
  775  to submit data substantiating aggregate nonqualified
  776  expenditures, including capital investment, in this state.
  777         3.2. The department shall determine and approve the final
  778  tax credit award amount to each certified applicant based on the
  779  final verified amount of actual qualified expenditures and
  780  evidence that the qualified production met the requirements of
  781  this section. The department shall notify the executive director
  782  of the Department of Revenue in writing that the certified
  783  production has met the requirements of the incentive program and
  784  of the final amount of the tax credit award. The final tax
  785  credit award amount may not exceed the maximum tax credit award
  786  amount certified under paragraph (d).
  787         (h)(g)Promoting Florida.—The department Office of Film and
  788  Entertainment shall ensure that, as a condition of receiving a
  789  tax credit under this section, marketing materials promoting
  790  this state as a tourist destination or film and entertainment
  791  production destination are included, when appropriate, at no
  792  cost to the state, in the qualified production or as otherwise
  793  required by the department and the Division of Film and
  794  Entertainment. The Division of Film and Entertainment shall
  795  provide the Florida Tourism Industry Marketing Corporation with
  796  the contact information for each qualified production in order
  797  for the corporation to work with the qualified production to
  798  develop the marketing materials promoting this state. The
  799  marketing materials which must, at a minimum, include placement
  800  of the “Visit Florida” logo and a “Filmed in Florida” or
  801  “Produced in Florida” logo in the end credits. The placement of
  802  the “Visit Florida” logo and a “Filmed in Florida” or “Produced
  803  in Florida” logo on all packaging material and hard media is
  804  also required, unless such placement is prohibited by licensing
  805  or other contractual obligations. The sizes size and placements
  806  placement of such logos logo shall be commensurate to other
  807  logos used. If no logos are used, the statement “Filmed in
  808  Florida using Florida’s Entertainment Industry Program Financial
  809  Incentive,” or a similar statement approved by the Division
  810  Office of Film and Entertainment, shall be used. The Division
  811  Office of Film and Entertainment shall provide a logo and supply
  812  it for the purposes specified in this paragraph. A 30-second
  813  “Visit Florida” promotional video must also be included on all
  814  optical disc formats of a film, unless such placement is
  815  prohibited by licensing or other contractual obligations. The
  816  30-second promotional video shall be approved and provided by
  817  the Florida Tourism Industry Marketing Corporation in
  818  consultation with the Division Commissioner of Film and
  819  Entertainment. The marketing materials must also include a link
  820  to the Florida Tourism Industry Marketing Corporation website or
  821  another website designated by the department on the certified
  822  applicant’s website or the production’s website for the entire
  823  term of the production. If the certified applicant cannot
  824  provide such link, it must provide a promotional opportunity of
  825  equal or greater value as approved by the department and the
  826  division.
  827         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
  828  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
  829  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
  830  ACQUISITIONS.—
  831         (a) Priority for tax credit award.—The priority of a
  832  qualified production for tax credit awards must be determined on
  833  a first-come, first-served basis within its appropriate queue.
  834  Each qualified production must be placed into the appropriate
  835  queue and is subject to the requirements of that queue.
  836         (b)Tax credit eligibility.Each qualified production must
  837  be placed into the appropriate queue and is subject to the
  838  requirements of that queue.
  839         1. General production queue.—Ninety-four percent of tax
  840  credits authorized pursuant to subsection (7) (6) in any state
  841  fiscal year must be dedicated to the general production queue.
  842  The general production queue consists of all qualified
  843  productions other than those eligible for the commercial and
  844  music video queue or the independent and emerging media
  845  production queue. A qualified production that demonstrates a
  846  minimum of $625,000 in qualified expenditures is eligible for
  847  tax credits equal to 20 percent of its actual qualified
  848  expenditures, up to a maximum of $8 million. A qualified
  849  production that incurs qualified expenditures during multiple
  850  state fiscal years may combine those expenditures to satisfy the
  851  $625,000 minimum threshold.
  852         a. An off-season certified production that is a feature
  853  film, independent film, or television series or pilot is
  854  eligible for an additional 5 percent tax credit on actual
  855  qualified expenditures. An off-season certified production that
  856  does not complete 75 percent of principal photography due to a
  857  disruption caused by a hurricane or tropical storm may not be
  858  disqualified from eligibility for the additional 5 percent
  859  credit as a result of the disruption.
  860         b. If more than 45 percent of the sum of total tax credits
  861  initially certified and awarded after April 1, 2012, total tax
  862  credits initially certified after April 1, 2012, but not yet
  863  awarded, and total tax credits available for certification after
  864  April 1, 2012, but not yet certified has been awarded for high
  865  impact television series, then no high-impact television series
  866  is eligible for tax credits under this subparagraph. Tax credits
  867  initially certified for a high-impact television series after
  868  April 1, 2012, may not be awarded if the award will cause the
  869  percentage threshold in this sub-subparagraph to be exceeded.
  870  This sub-subparagraph does not prohibit the award of tax credits
  871  certified before April 1, 2012, for high-impact television
  872  series.
  873         c.Subject to sub-subparagraph b., First priority in the
  874  queue for tax credit awards not yet certified shall be given to
  875  high-impact television series and high-impact digital media
  876  projects. For the purposes of determining priority between a
  877  high-impact television series and a high-impact digital media
  878  project, the first position must go to the first application
  879  received. Thereafter, priority shall be determined by
  880  alternating between a high-impact television series and a high
  881  impact digital media project on a first-come, first-served
  882  basis. However, if the Office of Film and Entertainment receives
  883  an application for a high-impact television series or high
  884  impact digital media project that would be certified but for the
  885  alternating priority, the office may certify the project as
  886  being in the priority position if an application that would
  887  normally be the priority position is not received within 5
  888  business days.
  889         d. A qualified production for which at least 70 67 percent
  890  of its principal photography days occur within a county region
  891  designated as an underutilized county region at the time that
  892  the production is certified is eligible for an additional 5
  893  percent tax credit.
  894         b.e. A qualified production that employs students enrolled
  895  full-time in a film and entertainment-related or digital media
  896  related course of study at an institution of higher education in
  897  this state, individuals participating in the Road-to
  898  Independence Program under s. 409.1451, individuals with
  899  developmental disabilities as defined in s. 393.063 residing in
  900  this state, and veterans residing in this state, is eligible for
  901  an additional 15 percent tax credit on qualified expenditures
  902  that are wages, salaries, or other compensation paid to such
  903  students. The additional 15 percent tax credit is also
  904  applicable to persons hired within 12 months after graduating
  905  from a film and entertainment-related or digital media-related
  906  course of study at an institution of higher education in this
  907  state. The additional 15 percent tax credit applies to qualified
  908  expenditures that are wages, salaries, or other compensation
  909  paid to such recent graduates for 1 year after the date of
  910  hiring.
  911         f. A qualified production for which 50 percent or more of
  912  its principal photography occurs at a qualified production
  913  facility, or a qualified digital media project or the digital
  914  animation component of a qualified production for which 50
  915  percent or more of the project’s or component’s qualified
  916  expenditures are related to a qualified digital media production
  917  facility, is eligible for an additional 5 percent tax credit on
  918  actual qualified expenditures for production activity at that
  919  facility.
  920         c. A qualified production that completes a capital
  921  investment in this state of at least $2 million for property
  922  improvements before the completion of the qualified production,
  923  is eligible for an additional 5 percent tax credit. The capital
  924  investment must be permanent and must be made after July 1,
  925  2015, and the property must remain in this state after the
  926  production ends. A capital investment may be the basis of an
  927  application only once, unless the qualified production makes an
  928  additional $2 million of substantial changes to the property.
  929         d. A qualified production determined by the department to
  930  be a family-friendly production, based on review of the script
  931  and review of the final release version, is eligible for an
  932  additional 5 percent tax credit. The department must consult
  933  with the Division of Film and Entertainment in making this
  934  determination.
  935         e.g. A qualified production is not eligible for tax credits
  936  provided under this paragraph totaling more than 25 30 percent
  937  of its actual qualified expenses.
  938         2. Commercial and music video queue.—Three percent of tax
  939  credits authorized pursuant to subsection (7) (6) in any state
  940  fiscal year must be dedicated to the commercial and music video
  941  queue. A qualified production company that produces national or
  942  regional commercials or music videos may be eligible for a tax
  943  credit award if it demonstrates a minimum of $100,000 in
  944  qualified expenditures per national or regional commercial or
  945  music video and exceeds a combined threshold of $500,000 after
  946  combining actual qualified expenditures from qualified
  947  commercials and music videos during a single state fiscal year.
  948  After a qualified production company that produces commercials,
  949  music videos, or both reaches the threshold of $500,000, it is
  950  eligible to apply for certification for a tax credit award. The
  951  maximum credit award shall be equal to 20 percent of its actual
  952  qualified expenditures up to a maximum of $500,000. If there is
  953  a surplus at the end of a fiscal year after the department
  954  Office of Film and Entertainment certifies and determines the
  955  tax credits for all qualified commercial and video projects,
  956  such surplus tax credits shall be carried forward to the
  957  following fiscal year and are available to any eligible
  958  qualified productions under the general production queue.
  959         3. Independent and emerging media production queue.—Three
  960  percent of tax credits authorized pursuant to subsection (7) (6)
  961  in any state fiscal year must be dedicated to the independent
  962  and emerging media production queue. This queue is intended to
  963  encourage independent film and emerging media production in this
  964  state. Any qualified production, excluding commercials,
  965  infomercials, or music videos, which demonstrates at least
  966  $100,000, but not more than $625,000, in total qualified
  967  expenditures is eligible for tax credits equal to 20 percent of
  968  its actual qualified expenditures. If a surplus exists at the
  969  end of a fiscal year after the department Office of Film and
  970  Entertainment certifies and determines the tax credits for all
  971  qualified independent and emerging media production projects,
  972  such surplus tax credits shall be carried forward to the
  973  following fiscal year and are available to any eligible
  974  qualified productions under the general production queue.
  975         4. Family-friendly productions.—A certified theatrical or
  976  direct-to-video motion picture production or video game
  977  determined by the Commissioner of Film and Entertainment, with
  978  the advice of the Florida Film and Entertainment Advisory
  979  Council, to be family-friendly, based on review of the script
  980  and review of the final release version, is eligible for an
  981  additional tax credit equal to 5 percent of its actual qualified
  982  expenditures. Family-friendly productions are those that have
  983  cross-generational appeal; would be considered suitable for
  984  viewing by children age 5 or older; are appropriate in theme,
  985  content, and language for a broad family audience; embody a
  986  responsible resolution of issues; and do not exhibit or imply
  987  any act of smoking, sex, nudity, or vulgar or profane language.
  988         (b)(c)Withdrawal of certification tax credit eligibility.
  989  The department shall withdraw the certification of a qualified
  990  or certified production if the must continue on a reasonable
  991  schedule or timely completion of the certified production is
  992  delayed, including a break in production, a change in the
  993  production schedule, or the loss of financing for the
  994  production. A certified production must notify the department
  995  within 5 days after any circumstance that delays the reasonable
  996  schedule or timely completion. The certification of a certified
  997  production may not be withdrawn if the production provides the
  998  department with proof of replacement financing within 10 days
  999  after the loss of financing for the production. To keep a
 1000  reasonable schedule, the certified production must begin which
 1001  includes beginning principal photography or the production
 1002  project in this state within no more than 45 calendar days
 1003  before or after the principal photography or project start date
 1004  provided in the production’s program application. The department
 1005  shall withdraw the eligibility of a qualified or certified
 1006  production that does not continue on a reasonable schedule.
 1007         (c)(d)Election and distribution of tax credits.—
 1008         1. A certified production company receiving a tax credit
 1009  award under this section shall, at the time the credit is
 1010  awarded by the department after production is completed and all
 1011  requirements to receive a credit award have been met, make an
 1012  irrevocable election to apply the credit against taxes due under
 1013  chapter 220, against state taxes collected or accrued under
 1014  chapter 212, or against a stated combination of the two taxes.
 1015  The election is binding upon any distributee, successor,
 1016  transferee, or purchaser. The department shall notify the
 1017  Department of Revenue of any election made pursuant to this
 1018  paragraph.
 1019         2. A qualified production company is eligible for tax
 1020  credits against its sales and use tax liabilities and corporate
 1021  income tax liabilities as provided in this section. However, tax
 1022  credits awarded under this section may not be claimed against
 1023  sales and use tax liabilities or corporate income tax
 1024  liabilities for any tax period beginning before July 1, 2011,
 1025  regardless of when the credits are applied for or awarded.
 1026         (d)(e)Tax credit carryforward.—If the certified production
 1027  company cannot use the entire tax credit in the taxable year or
 1028  reporting period in which the credit is awarded, any excess
 1029  amount may be carried forward to a succeeding taxable year or
 1030  reporting period. A tax credit applied against taxes imposed
 1031  under chapter 212 may be carried forward for a maximum of 5
 1032  years after the date the credit is awarded. A tax credit applied
 1033  against taxes imposed under chapter 220 may be carried forward
 1034  for a maximum of 5 taxable years after the taxable year in which
 1035  date the credit is awarded. An unused remaining tax credit
 1036  expires after this period, after which the credit expires and
 1037  may not be used.
 1038         (e)(f)Consolidated returns.—A certified production company
 1039  that files a Florida consolidated return as a member of an
 1040  affiliated group under s. 220.131(1) may be allowed the credit
 1041  on a consolidated return basis up to the amount of the tax
 1042  imposed upon the consolidated group under chapter 220.
 1043         (f)(g)Partnership and noncorporate distributions.—A
 1044  qualified production company that is not a corporation as
 1045  defined in s. 220.03 may elect to distribute tax credits awarded
 1046  under this section to its partners or members in proportion to
 1047  their respective distributive income or loss in the taxable year
 1048  in which the tax credits were awarded.
 1049         (g)(h)Mergers or acquisitions.—Tax credits available under
 1050  this section to a certified production company may succeed to a
 1051  surviving or acquiring entity subject to the same conditions and
 1052  limitations as described in this section; however, they may not
 1053  be transferred again by the surviving or acquiring entity.
 1054         (5) TRANSFER OF TAX CREDITS.—
 1055         (a) Authorization.—Upon application to the Office of Film
 1056  and Entertainment and approval by the department, a certified
 1057  production company, or a partner or member that has received a
 1058  distribution under paragraph (4)(f) (4)(g), may elect to
 1059  transfer, in whole or in part, any unused credit amount granted
 1060  under this section. An election to transfer any unused tax
 1061  credit amount under chapter 212 or chapter 220 must be made no
 1062  later than 5 years after the date the credit is awarded, after
 1063  which period the credit expires and may not be used. The
 1064  department shall notify the Department of Revenue of the
 1065  election and transfer.
 1066         (b) Number of transfers permitted.—A certified production
 1067  company that elects to apply a credit amount against taxes
 1068  remitted under chapter 212 is permitted a one-time transfer of
 1069  unused credits to one transferee. A certified production company
 1070  that elects to apply a credit amount against taxes due under
 1071  chapter 220 is permitted a one-time transfer of unused credits
 1072  to no more than four transferees, and such transfers must occur
 1073  in the same taxable year.
 1074         (c) Transferee rights and limitations.—The transferee is
 1075  subject to the same rights and limitations as the certified
 1076  production company awarded the tax credit, except that the
 1077  initial transferee shall be permitted a one-time transfer of
 1078  unused credits to no more than two subsequent transferees, and
 1079  such transfers must occur in the same taxable year as the
 1080  credits were received by the initial transferee, after which the
 1081  subsequent transferees may not sell or otherwise transfer the
 1082  tax credit.
 1083         (6) RELINQUISHMENT OF TAX CREDITS.—
 1084         (a) Beginning July 1, 2011, a certified production company,
 1085  or any person who has acquired a tax credit from a certified
 1086  production company pursuant to subsections (4) and (5), may
 1087  elect to relinquish the tax credit to the Department of Revenue
 1088  in exchange for 90 percent of the amount of the relinquished tax
 1089  credit.
 1090         (b) The Department of Revenue may approve payments to
 1091  persons relinquishing tax credits pursuant to this subsection.
 1092         (c) Subject to legislative appropriation, the Department of
 1093  Revenue shall request the Chief Financial Officer to issue
 1094  warrants to persons relinquishing tax credits. Payments under
 1095  this subsection shall be made from the funds from which the
 1096  proceeds from the taxes against which the tax credits could have
 1097  been applied pursuant to the irrevocable election made by the
 1098  certified production company under subsection (4) are deposited.
 1099         (7) ANNUAL ALLOCATION OF TAX CREDITS.—
 1100         (a) The aggregate amount of the tax credits that may be
 1101  certified pursuant to paragraph (3)(d) may not exceed:
 1102         1. For fiscal year 2010-2011, $53.5 million.
 1103         2. For fiscal year 2011-2012, $74.5 million.
 1104         3. For fiscal years 2012-2013, 2013-2014, 2014-2015, and
 1105  2015-2016, $42 million per fiscal year.
 1106         (b) Any portion of the maximum amount of tax credits
 1107  established per fiscal year in paragraph (a) that is not
 1108  certified as of the end of a fiscal year shall be carried
 1109  forward and made available for certification during the
 1110  following 2 fiscal years in addition to the amounts available
 1111  for certification under paragraph (a) for those fiscal years.
 1112         (c) Upon approval of the final tax credit award amount
 1113  pursuant to subparagraph (3)(g)3. (3)(f)2., an amount equal to
 1114  the difference between the maximum tax credit award amount
 1115  previously certified under paragraph (3)(d) and the approved
 1116  final tax credit award amount shall immediately be available for
 1117  recertification during the current and following fiscal years in
 1118  addition to the amounts available for certification under
 1119  paragraph (a) for those fiscal years.
 1120         (d) Tax credit award amounts available for certification on
 1121  and after July 1, 2015, may not be certified before the fiscal
 1122  year in which they will become available as specified in
 1123  paragraph (a). Additionally, for amounts available for
 1124  certification on and after July 1, 2015, one-half of the amount
 1125  available in the fiscal year shall be available for
 1126  certification in “Application Cycle A”, and the remaining amount
 1127  available in the fiscal year shall be available for
 1128  certification in “Application Cycle B.” If, during a fiscal
 1129  year, the total amount of credits applied for, pursuant to
 1130  paragraph (3)(a), exceeds the amount of credits available for
 1131  certification in that fiscal year, such excess shall be treated
 1132  as having been applied for on the first day of the next fiscal
 1133  year in which credits remain available for certification.
 1134         (8) LIMITATION WITH OTHER PROGRAMS.—A qualified production
 1135  that is certified for tax credits under this section may not
 1136  simultaneously receive benefits under ss. 288.1256 and 288.1258
 1137  for the same production.
 1138         (9)(8) RULES, POLICIES, AND PROCEDURES.—
 1139         (a) The department may adopt rules pursuant to ss.
 1140  120.536(1) and 120.54 and develop policies and procedures to
 1141  implement and administer this section, including, but not
 1142  limited to, rules specifying requirements for the application
 1143  and approval process, records required for substantiation for
 1144  tax credits, procedures for making the election in paragraph
 1145  (4)(c) (4)(d), the manner and form of documentation required to
 1146  claim tax credits awarded or transferred under this section, and
 1147  marketing requirements for tax credit recipients.
 1148         (b) The Department of Revenue may adopt rules pursuant to
 1149  ss. 120.536(1) and 120.54 to administer this section, including
 1150  rules governing the examination and audit procedures required to
 1151  administer this section and the manner and form of documentation
 1152  required to claim tax credits awarded, transferred, or
 1153  relinquished under this section.
 1154         (10)(9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
 1155  CREDITS; FRAUDULENT CLAIMS.—
 1156         (a) Audit authority.—The Department of Revenue may conduct
 1157  examinations and audits as provided in s. 213.34 to verify that
 1158  tax credits under this section are received, transferred, and
 1159  applied according to the requirements of this section. If the
 1160  Department of Revenue determines that tax credits are not
 1161  received, transferred, or applied as required by this section,
 1162  it may, in addition to the remedies provided in this subsection,
 1163  pursue recovery of such funds pursuant to the laws and rules
 1164  governing the assessment of taxes.
 1165         (b) Revocation of tax credits.—The department may revoke or
 1166  modify any written decision qualifying, certifying, or otherwise
 1167  granting eligibility for tax credits under this section if it is
 1168  discovered that the tax credit applicant submitted any false
 1169  statement, representation, or certification in any application,
 1170  record, report, plan, or other document filed in an attempt to
 1171  receive tax credits under this section. The department shall
 1172  immediately notify the Department of Revenue of any revoked or
 1173  modified orders affecting previously granted tax credits.
 1174  Additionally, the applicant must notify the Department of
 1175  Revenue of any change in its tax credit claimed.
 1176         (c) Forfeiture of tax credits.—A determination by the
 1177  Department of Revenue, as a result of an audit pursuant to
 1178  paragraph (a) or from information received from the department
 1179  or the Division Office of Film and Entertainment, that an
 1180  applicant received tax credits pursuant to this section to which
 1181  the applicant was not entitled is grounds for forfeiture of
 1182  previously claimed and received tax credits. The applicant is
 1183  responsible for returning forfeited tax credits to the
 1184  Department of Revenue, and such funds shall be paid into the
 1185  General Revenue Fund of the state. Tax credits purchased in good
 1186  faith are not subject to forfeiture unless the transferee
 1187  submitted fraudulent information in the purchase or failed to
 1188  meet the requirements in subsection (5).
 1189         (d) Fraudulent claims.—Any applicant that submits
 1190  fraudulent information under this section is liable for
 1191  reimbursement of the reasonable costs and fees associated with
 1192  the review, processing, investigation, and prosecution of the
 1193  fraudulent claim. An applicant that obtains a credit payment
 1194  under this section through a claim that is fraudulent is liable
 1195  for reimbursement of the credit amount plus a penalty in an
 1196  amount double the credit amount. The penalty is in addition to
 1197  any criminal penalty to which the applicant is liable for the
 1198  same acts. The applicant is also liable for costs and fees
 1199  incurred by the state in investigating and prosecuting the
 1200  fraudulent claim.
 1201         (11)(10) ANNUAL REPORT.—Each November 1, the department
 1202  Office of Film and Entertainment shall submit an annual report
 1203  for the previous fiscal year to the Governor, the President of
 1204  the Senate, and the Speaker of the House of Representatives
 1205  which outlines the incentive program’s return on investment and
 1206  economic benefits to the state. The report must also include an
 1207  estimate of the full-time equivalent positions created by each
 1208  production that received tax credits under this section and
 1209  information relating to the distribution of productions
 1210  receiving credits by geographic region and type of production.
 1211  The report must also include the expenditures report required
 1212  under s. 288.915, s. 288.1253(3) and the information describing
 1213  the relationship between tax exemptions and incentives to
 1214  industry growth required under s. 288.1258(5), and program
 1215  performance information under s. 288.1256. The department may
 1216  work with the Division of Film and Entertainment to develop the
 1217  annual report.
 1218         (12)(11) REPEAL.—This section is repealed July 1, 2021
 1219  2016, except that:
 1220         (a) Tax credits certified under paragraph (3)(d) before
 1221  July 1, 2021 2016, may be awarded under paragraph (3)(g) (3)(f)
 1222  on or after July 1, 2021 2016, if the other requirements of this
 1223  section are met.
 1224         (b) Tax credits carried forward under paragraph (4)(d)
 1225  (4)(e) remain valid for the period specified.
 1226         (c) Subsections (5), (9), (8) and (10) (9) shall remain in
 1227  effect until July 1, 2026 July 1, 2021.
 1228         Section 6. Beginning July 1, 2015, if an application is on
 1229  file with the Department of Economic Opportunity to receive a
 1230  tax credit through the entertainment industry program under s.
 1231  288.1254, Florida Statutes, and the application has not been
 1232  certified for a tax credit award under current s. 288.1254(3)(d)
 1233  by the department, the application is deemed denied.
 1234         Section 7. Section 288.1256, Florida Statutes, is created
 1235  to read:
 1236         288.1256 Entertainment action fund.—
 1237         (1) The entertainment action fund is created within the
 1238  department in order to respond to extraordinary opportunities
 1239  and to compete effectively with other states to attract and
 1240  retain production companies and to provide favorable conditions
 1241  for the growth of the entertainment industry in this state.
 1242         (2) As used in this section, the term:
 1243         (a) “Division” means the Division of Film and Entertainment
 1244  within Enterprise Florida, Inc.
 1245         (b)“Principal photography” means the filming of major or
 1246  significant components of the project which involve lead actors.
 1247         (c) “Production” means a theatrical, direct-to-video, or
 1248  direct-to-Internet motion picture; a made-for-television motion
 1249  picture; visual effects or digital animation sequences produced
 1250  in conjunction with a motion picture; a commercial; a music
 1251  video; an industrial or educational film; an infomercial; a
 1252  documentary film; a television pilot program; a presentation for
 1253  a television pilot program; a television series, including, but
 1254  not limited to, a drama, a reality show, a comedy, a soap opera,
 1255  a telenovela, a game show, an awards show, or a miniseries
 1256  production; a direct-to-Internet television series; or a digital
 1257  media project by the entertainment industry. One season of a
 1258  television series is considered one production. The term does
 1259  not include a weather or market program; a sporting event or a
 1260  sporting event broadcast; a gala; a production that solicits
 1261  funds; a home shopping program; a political program; a political
 1262  documentary; political advertising; a gambling-related project
 1263  or production; a concert production; a local, regional, or
 1264  Internet-distributed-only news show or current-events show; a
 1265  sports news or sports recap show; a pornographic production; or
 1266  any production deemed obscene under chapter 847. A production
 1267  may be produced on or by film, tape, or otherwise by means of a
 1268  motion picture camera; electronic camera or device; tape device;
 1269  computer; any combination of the foregoing; or any other means,
 1270  method, or device.
 1271         (d) “Production company” means a corporation, limited
 1272  liability company, partnership, or other legal entity engaged in
 1273  one or more productions in this state.
 1274         (e) “Production expenditures” means the costs of tangible
 1275  and intangible property used for, and services performed
 1276  primarily and customarily in, production, including
 1277  preproduction and postproduction, but excluding costs for
 1278  development, marketing, and distribution. The term includes, but
 1279  is not limited to:
 1280         1. Wages, salaries, or other compensation paid to legal
 1281  residents of this state, including amounts paid through payroll
 1282  service companies, for technical and production crews,
 1283  directors, producers, and performers.
 1284         2. Net expenditures for sound stages, backlots, production
 1285  editing, digital effects, sound recordings, sets, and set
 1286  construction.
 1287         3. Net expenditures for rental equipment, including, but
 1288  not limited to, cameras and grip or electrical equipment.
 1289         4. Up to $300,000 of the costs of newly purchased computer
 1290  software and hardware unique to the project, including servers,
 1291  data processing, and visualization technologies, which are
 1292  located in and used exclusively in this state for the production
 1293  of digital media.
 1294         5. Expenditures for meals, travel, and accommodations. As
 1295  used in this paragraph, the term “net expenditures” means the
 1296  actual amount of money a project spent for equipment or other
 1297  tangible personal property, after subtracting any consideration
 1298  received for reselling or transferring the item after the
 1299  production ends, if applicable.
 1300         (f) “Project” means a production in this state meeting the
 1301  requirements of this section. The term does not include a
 1302  production:
 1303         1. In which less than 70 percent of the positions that make
 1304  up its production cast and below-the-line production crew are
 1305  filled by legal residents of this state, whose residency is
 1306  demonstrated by a valid Florida driver license or other state
 1307  issued identification confirming residency, or students enrolled
 1308  full-time in an entertainment-related course of study at an
 1309  institution of higher education in this state; or
 1310         2. That contains obscene content as defined in s.
 1311  847.001(10).
 1312         (g) “Qualified expenditures” means production expenditures
 1313  incurred in this state by a production company for:
 1314         1. Goods purchased or leased from, or services, including,
 1315  but not limited to, insurance costs and bonding, payroll
 1316  services, and legal fees, which are provided by a vendor or
 1317  supplier in this state that is registered with the Department of
 1318  State or the Department of Revenue, has a physical location in
 1319  this state, and employs one or more legal residents of this
 1320  state. This does not include rebilled goods or services provided
 1321  by an in-state company from out-of-state vendors or suppliers.
 1322  When services provided by the vendor or supplier include
 1323  personal services or labor, only personal services or labor
 1324  provided by residents of this state, evidenced by the required
 1325  documentation of residency in this state, qualify.
 1326         2. Payments to legal residents of this state in the form of
 1327  salary, wages, or other compensation up to a maximum of $400,000
 1328  per resident unless otherwise specified in subsection (4). A
 1329  completed declaration of residency in this state must accompany
 1330  the documentation submitted to the department for reimbursement.
 1331  
 1332  For a project involving an event, such as an awards show, the
 1333  term does not include expenditures solely associated with the
 1334  event itself and not directly required by the production. The
 1335  term does not include expenditures incurred before the agreement
 1336  is signed. The production company may not include in the
 1337  calculation for qualified expenditures the original purchase
 1338  price for equipment or other tangible property that is later
 1339  sold or transferred by the production company for consideration.
 1340  In such cases, the qualified expenditure is the net of the
 1341  original purchase price minus the consideration received upon
 1342  sale or transfer.
 1343         (h)“Underutilized county” means a county in which less
 1344  than $500,000 in qualified expenditures were made in the last 2
 1345  fiscal years.
 1346         (3) A production company may apply for funds from the
 1347  entertainment industry quick action fund for a production or
 1348  successive seasons of a production. The department and the
 1349  division shall jointly review and evaluate applications to
 1350  determine the eligibility of each project consistent with the
 1351  requirements of this section. The department shall select
 1352  projects that maximize the return to the state.
 1353         (4) The department and the division, in their review and
 1354  evaluation of applications, must consider the following
 1355  criteria, with priority given in descending order, with the
 1356  highest priority given to paragraph (a):
 1357         (a) The number of state residents that will be employed in
 1358  full-time equivalent and part-time positions related to the
 1359  project and the duration of such employment and the average
 1360  wages paid to such residents. Preference shall be given to a
 1361  project that expects to pay higher than the statewide average
 1362  wage.
 1363         (b) The amount of qualified and nonqualifed expenditures
 1364  that will be made in this state.
 1365         (c) Planned or executed contracts with production
 1366  facilities or soundstages in this state and the percentage of
 1367  principal photography or production activity that will occur at
 1368  each location.
 1369         (d) Planned preproduction and postproduction to occur in
 1370  this state.
 1371         (e) The amount of capital investment, especially fixed
 1372  capital investment, to be made directly by the production
 1373  company in this state related to the project and the amount of
 1374  any other capital investment to be made in this state related to
 1375  the project.
 1376         (f) The duration of the project in this state.
 1377         (g) The amount and duration of principal photography or
 1378  production activity that will occur in an underutilized county.
 1379         (h) The amount of promotion of Florida that the production
 1380  company will provide for the state. This includes marketing
 1381  materials promoting this state as a tourist destination or a
 1382  film and entertainment production destination; placement of
 1383  state agency logos in the production and credits; permitted use
 1384  of production assets, characters, and themes by this state;
 1385  promotional videos for this state included on optical disc
 1386  formats; and other marketing integration.
 1387         (i) The employment of students enrolled full-time in an
 1388  entertainment-related course of study at an institution of
 1389  higher education in this state or of graduates from such an
 1390  institution within 12 months after graduation.
 1391         (j) Plans to work with entertainment industry-related
 1392  courses of study at an institution of higher education in this
 1393  state.
 1394         (k) The local support and any financial commitment for the
 1395  project.
 1396         (l)The project is about this state or shows this state in
 1397  a positive light.
 1398         (m) A review of the production company’s past activities in
 1399  this state or other states.
 1400         (n) The length of time the production company has made
 1401  productions in this state, the number of productions the
 1402  production company has made in this state, and the production
 1403  company’s overall commitment to this state. This includes a
 1404  production company that is based in this state.
 1405         (o) Expected contributions to this state’s economy,
 1406  consistent with the state strategic economic development plan
 1407  prepared by the department.
 1408         (p) The expected effect of the award on the viability of
 1409  the project and the probability that the project would be
 1410  undertaken in this state if funds are granted to the production
 1411  company.
 1412         (5) A production company must have financing in place for a
 1413  project before it applies for funds under this section.
 1414         (6) The department shall prescribe a form upon which an
 1415  application must be made. At a minimum, the application must
 1416  include:
 1417         (a) The applicant’s federal employer identification number,
 1418  reemployment assistance account number, and state sales tax
 1419  registration number, as applicable. If such numbers are not
 1420  available at the time of application, they must be submitted to
 1421  the department in writing before the disbursement of any
 1422  payments.
 1423         (b) The signature of the applicant.
 1424         (c) A detailed budget of planned qualified and nonqualified
 1425  expenditures in this state.
 1426         (d) The type and amount of capital investment that will be
 1427  made in this state.
 1428         (e) The locations in this state at which the project will
 1429  occur.
 1430         (f) The anticipated commencement date and duration of the
 1431  project.
 1432         (g) The proposed number of state residents and nonstate
 1433  residents that will be employed in full-time equivalent and
 1434  part-time positions related to the project and wages paid to
 1435  such persons.
 1436         (h) The total number of full-time equivalent employees
 1437  employed by the production company in this state, if applicable.
 1438         (i) Proof of financing for the project.
 1439         (j)The amount of promotion of Florida that the production
 1440  company will provide for the state.
 1441         (k)An attestation verifying that the information provided
 1442  on the application is true and accurate.
 1443         (l) Any additional information requested by the department
 1444  or division.
 1445         (7) The department must make a recommendation to the
 1446  Governor to approve or deny an award within 7 days after
 1447  completion of the review and evaluation. An award of funds may
 1448  not constitute more than 30 percent of qualified expenditures in
 1449  this state and may not fund wages paid to nonresidents. A
 1450  production must start within 1 year after the date the project
 1451  is approved by the Governor. The recommendation must include the
 1452  performance conditions that the project must meet to obtain
 1453  funds.
 1454         (a) The Governor may approve projects without consulting
 1455  the Legislature for projects requiring less than $2 million in
 1456  funding.
 1457         (b) For projects requiring funding in the amount of $2
 1458  million to $5 million, the Governor shall provide a written
 1459  description and evaluation of a project recommended for approval
 1460  to the chair and vice chair of the Legislative Budget Commission
 1461  at least 10 days before giving final approval for the project.
 1462  The recommendation must include the performance conditions that
 1463  the project must meet in order to obtain funds.
 1464         (c) If the chair or vice chair of the Legislative Budget
 1465  Commission or the President of the Senate or the Speaker of the
 1466  House of Representatives timely advises the Executive Office of
 1467  the Governor, in writing, that such action or proposed action
 1468  exceeds the delegated authority of the Executive Office of the
 1469  Governor or is contrary to legislative policy or intent, the
 1470  Executive Office of the Governor shall void the release of funds
 1471  and instruct the department to immediately change such action or
 1472  proposed action until the Legislative Budget Commission or the
 1473  Legislature addresses the issue.
 1474         (d) Any project exceeding $5 million must be approved by
 1475  the Legislative Budget Commission before the funding is
 1476  released.
 1477         (8) Upon the approval of the Governor, the department and
 1478  the production company shall enter into an agreement that
 1479  specifies, at a minimum:
 1480         (a) The total amount of funds awarded and the schedule of
 1481  payment.
 1482         (b) The performance conditions for payment of moneys from
 1483  the fund, including full- and part-time employment in this
 1484  state; wages paid in this state; capital investment in this
 1485  state, including fixed capital investment; marketing and
 1486  promotion in this state; the date by which production must start
 1487  and the duration of production; and the amount of qualified
 1488  expenditures in this state.
 1489         (c) The methodology for validating performance and the date
 1490  by which the production company must submit proof of performance
 1491  to the department.
 1492         (d) That the department may review and verify any records
 1493  of the production company to ascertain whether that company is
 1494  in compliance with this section and the agreement.
 1495         (e) Sanctions for failure to meet performance conditions.
 1496         (f) That payment of moneys from the fund is contingent upon
 1497  sufficient appropriation of funds by the Legislature.
 1498         (9) The agreement must be finalized and signed by an
 1499  authorized officer of the production company within 90 days
 1500  after the Governor’s approval. A production company that is
 1501  approved under this section may not simultaneously receive
 1502  benefits under ss. 288.1254 and 288.1258 for the same
 1503  production.
 1504         (10) The department shall validate contractor performance
 1505  and report such validation in the annual report required under
 1506  s. 288.1254.
 1507         (11) Contingent upon an annual appropriation by the
 1508  Legislature, the department may not approve awards in excess of
 1509  the amount appropriated for a fiscal year. The department must
 1510  maintain a schedule of funds to be paid from the appropriation
 1511  for the fiscal year that begins on July 1. For the first 6
 1512  months of each fiscal year, the department shall set aside 50
 1513  percent of the amount appropriated for the fund by the
 1514  Legislature. At the end of the 6-month period, these funds may
 1515  be used to provide funding for any project that qualifies under
 1516  this section.
 1517         (12) A production company that submits fraudulent
 1518  information under this section is liable for reimbursement of
 1519  the reasonable costs and fees associated with the review,
 1520  processing, investigation, and prosecution of the fraudulent
 1521  claim. A production company that receives a payment under this
 1522  section through a claim that is fraudulent is liable for
 1523  reimbursement of the payment amount, plus a penalty in an amount
 1524  double the payment amount. The penalty is in addition to any
 1525  criminal penalty for which the production company is liable for
 1526  the same acts. The production company is also liable for costs
 1527  and fees incurred by the state in investigating and prosecuting
 1528  the fraudulent claim.
 1529         (13) The department may not waive any provision or provide
 1530  an extension of time to meet any requirement of this section.
 1531         (14) This section expires on July 1, 2025. An agreement in
 1532  existence on that date shall continue in effect in accordance
 1533  with its terms.
 1534         Section 8. Section 288.1258, Florida Statutes, is amended
 1535  to read:
 1536         288.1258 Entertainment industry qualified production
 1537  companies; application procedure; categories; duties of the
 1538  Department of Revenue; records and reports.—
 1539         (1) PRODUCTION COMPANIES AUTHORIZED TO APPLY.—
 1540         (a) Any production company engaged in this state in the
 1541  production of motion pictures, made-for-TV motion pictures,
 1542  television series, commercial advertising, music videos, or
 1543  sound recordings may submit an application to the Department of
 1544  Revenue to be approved by the Department of Economic Opportunity
 1545  Office of Film and Entertainment as a qualified production
 1546  company for the purpose of receiving a sales and use tax
 1547  certificate of exemption from the Department of Revenue to
 1548  exempt purchases on or after the date a complete application is
 1549  filed with the Department of Revenue for exemptions under ss.
 1550  212.031, 212.06, and 212.08.
 1551         (b) As used in For the purposes of this section, the term
 1552  “qualified production company” means any production company that
 1553  has submitted a properly completed application to the Department
 1554  of Revenue and that is subsequently qualified by the Department
 1555  of Economic Opportunity Office of Film and Entertainment.
 1556         (2) APPLICATION PROCEDURE.—
 1557         (a) The Department of Revenue shall will review all
 1558  submitted applications for the required information. Within 10
 1559  working days after the receipt of a properly completed
 1560  application, the Department of Revenue shall will forward the
 1561  completed application to the Department of Economic Opportunity
 1562  Office of Film and Entertainment for approval.
 1563         (b)1. The Department of Economic Opportunity Office of Film
 1564  and Entertainment shall establish a process by which an
 1565  entertainment industry production company may be approved by the
 1566  department office as a qualified production company and may
 1567  receive a certificate of exemption from the Department of
 1568  Revenue for the sales and use tax exemptions under ss. 212.031,
 1569  212.06, and 212.08. A production company that is approved under
 1570  this section may not simultaneously receive benefits under ss.
 1571  288.1254 and 288.1256 for the same production.
 1572         2. Upon determination by the department Office of Film and
 1573  Entertainment that a production company meets the established
 1574  approval criteria and qualifies for exemption, the department
 1575  Office of Film and Entertainment shall return the approved
 1576  application or application renewal or extension to the
 1577  Department of Revenue, which shall issue a certificate of
 1578  exemption.
 1579         3. The department Office of Film and Entertainment shall
 1580  deny an application or application for renewal or extension from
 1581  a production company if it determines that the production
 1582  company does not meet the established approval criteria.
 1583         (c) The department Office of Film and Entertainment shall
 1584  develop, with the cooperation of the Department of Revenue, the
 1585  Division of Film and Entertainment within Enterprise Florida,
 1586  Inc., and local government entertainment industry promotion
 1587  agencies, a standardized application form for use in approving
 1588  qualified production companies.
 1589         1. The application form shall include, but not be limited
 1590  to, production-related information on employment, proposed
 1591  budgets, planned purchases of items exempted from sales and use
 1592  taxes under ss. 212.031, 212.06, and 212.08, a signed
 1593  affirmation from the applicant that any items purchased for
 1594  which the applicant is seeking a tax exemption are intended for
 1595  use exclusively as an integral part of entertainment industry
 1596  preproduction, production, or postproduction activities engaged
 1597  in primarily in this state, and a signed affirmation from the
 1598  department Office of Film and Entertainment that the information
 1599  on the application form has been verified and is correct. In
 1600  lieu of information on projected employment, proposed budgets,
 1601  or planned purchases of exempted items, a production company
 1602  seeking a 1-year certificate of exemption may submit summary
 1603  historical data on employment, production budgets, and purchases
 1604  of exempted items related to production activities in this
 1605  state. Any information gathered from production companies for
 1606  the purposes of this section shall be considered confidential
 1607  taxpayer information and shall be disclosed only as provided in
 1608  s. 213.053.
 1609         2. The application form may be distributed to applicants by
 1610  the department, the Division Office of Film and Entertainment,
 1611  or local film commissions.
 1612         (d) All applications, renewals, and extensions for
 1613  designation as a qualified production company shall be processed
 1614  by the department Office of Film and Entertainment.
 1615         (e) If In the event that the Department of Revenue
 1616  determines that a production company no longer qualifies for a
 1617  certificate of exemption, or has used a certificate of exemption
 1618  for purposes other than those authorized by this section and
 1619  chapter 212, the Department of Revenue shall revoke the
 1620  certificate of exemption of that production company, and any
 1621  sales or use taxes exempted on items purchased or leased by the
 1622  production company during the time such company did not qualify
 1623  for a certificate of exemption or improperly used a certificate
 1624  of exemption shall become immediately due to the Department of
 1625  Revenue, along with interest and penalty as provided by s.
 1626  212.12. In addition to the other penalties imposed by law, any
 1627  person who knowingly and willfully falsifies an application, or
 1628  uses a certificate of exemption for purposes other than those
 1629  authorized by this section and chapter 212, commits a felony of
 1630  the third degree, punishable as provided in ss. 775.082,
 1631  775.083, and 775.084.
 1632         (3) CATEGORIES.—
 1633         (a)1. A production company may be qualified for designation
 1634  as a qualified production company for a period of 1 year if the
 1635  company has operated a business in Florida at a permanent
 1636  address for a period of 12 consecutive months. Such a qualified
 1637  production company shall receive a single 1-year certificate of
 1638  exemption from the Department of Revenue for the sales and use
 1639  tax exemptions under ss. 212.031, 212.06, and 212.08, which
 1640  certificate shall expire 1 year after issuance or upon the
 1641  cessation of business operations in the state, at which time the
 1642  certificate shall be surrendered to the Department of Revenue.
 1643         2. The Office of Film and Entertainment shall develop a
 1644  method by which A qualified production company may submit a new
 1645  application for annually renew a 1-year certificate of exemption
 1646  upon the expiration of that company’s certificate of exemption;
 1647  however, upon approval of the department, such qualified
 1648  production company may annually renew the 1-year certificate of
 1649  exemption for a period of up to 5 years without submitting
 1650  requiring the production company to resubmit a new application
 1651  during that 5-year period.
 1652         3. Each year, or upon surrender of the certificate of
 1653  exemption to the Department of Revenue, the Any qualified
 1654  production company shall may submit to the department aggregate
 1655  data for production-related information on employment,
 1656  expenditures in this state, capital investment, and purchases of
 1657  items exempted from sales and use taxes under ss. 212.031,
 1658  212.06, and 212.08 for inclusion in the annual report required
 1659  under subsection (5) a new application for a 1-year certificate
 1660  of exemption upon the expiration of that company’s certificate
 1661  of exemption.
 1662         (b)1. A production company may be qualified for designation
 1663  as a qualified production company for a period of 90 days. Such
 1664  production company shall receive a single 90-day certificate of
 1665  exemption from the Department of Revenue for the sales and use
 1666  tax exemptions under ss. 212.031, 212.06, and 212.08, which
 1667  certificate shall expire 90 days after issuance or upon the
 1668  cessation of business operations in the state, at which time,
 1669  with extensions contingent upon approval of the Office of Film
 1670  and Entertainment. the certificate shall be surrendered to the
 1671  Department of Revenue upon its expiration.
 1672         2. A qualified production company may submit a new
 1673  application for a 90-day certificate of exemption each quarter
 1674  upon the expiration of that company’s certificate of exemption;
 1675  however, upon approval of the department, such qualified
 1676  production company may renew the 90-day certificate of exemption
 1677  for a period of up to 1 year without submitting a new
 1678  application during that 1-year period.
 1679         3.2.Each 90 days, or upon surrender of the certificate of
 1680  exemption to the Department of Revenue, the qualified Any
 1681  production company shall may submit to the department aggregate
 1682  data for production-related information on employment,
 1683  expenditures in this state, capital investment, and purchases of
 1684  items exempted from sales and use taxes under ss. 212.031,
 1685  212.06, and 212.08 for inclusion in the annual report required
 1686  under subsection (5) a new application for a 90-day certificate
 1687  of exemption upon the expiration of that company’s certificate
 1688  of exemption.
 1689         (4) DUTIES OF THE DEPARTMENT OF REVENUE.—
 1690         (a) The Department of Revenue shall review the initial
 1691  application and notify the applicant of any omissions and
 1692  request additional information if needed. An application shall
 1693  be complete upon receipt of all requested information. The
 1694  Department of Revenue shall forward all complete applications to
 1695  the department Office of Film and Entertainment within 10
 1696  working days.
 1697         (b) The Department of Revenue shall issue a numbered
 1698  certificate of exemption to a qualified production company
 1699  within 5 working days of the receipt of an approved application,
 1700  application renewal, or application extension from the
 1701  department Office of Film and Entertainment.
 1702         (c) The Department of Revenue may adopt promulgate such
 1703  rules and shall prescribe and publish such forms as may be
 1704  necessary to effectuate the purposes of this section or any of
 1705  the sales tax exemptions which are reasonably related to the
 1706  provisions of this section.
 1707         (d) The Department of Revenue is authorized to establish
 1708  audit procedures in accordance with the provisions of ss.
 1709  212.12, 212.13, and 213.34 which relate to the sales tax
 1710  exemption provisions of this section.
 1711         (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
 1712  INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The department
 1713  Office of Film and Entertainment shall keep annual records from
 1714  the information provided on taxpayer applications for tax
 1715  exemption certificates and regularly reported as required in
 1716  this section beginning January 1, 2001. These records also must
 1717  reflect a ratio of the annual amount of sales and use tax
 1718  exemptions under this section, plus the tax credits incentives
 1719  awarded pursuant to s. 288.1254 to the estimated amount of funds
 1720  expended by certified productions. In addition, the department
 1721  office shall maintain data showing annual growth in Florida
 1722  based entertainment industry companies and entertainment
 1723  industry employment and wages. The employment information must
 1724  include an estimate of the full-time equivalent positions
 1725  created by each production that received tax credits pursuant to
 1726  s. 288.1254. The department Office of Film and Entertainment
 1727  shall include this information in the annual report for the
 1728  entertainment industry financial incentive program required
 1729  under s. 288.1254(10).
 1730         Section 9. Subsection (1) of section 288.92, Florida
 1731  Statutes, is amended to read:
 1732         288.92 Divisions of Enterprise Florida, Inc.—
 1733         (1) Enterprise Florida, Inc., may create and dissolve
 1734  divisions as necessary to carry out its mission. Each division
 1735  shall have distinct responsibilities and complementary missions.
 1736  At a minimum, Enterprise Florida, Inc., shall have divisions
 1737  related to the following areas:
 1738         (a) International Trade and Business Development;
 1739         (b) Business Retention and Recruitment;
 1740         (c) Tourism Marketing;
 1741         (d) Minority Business Development; and
 1742         (e) Sports Industry Development; and
 1743         (f) Film and Entertainment.
 1744         Section 10. Subsection (5) of section 477.0135, Florida
 1745  Statutes, is amended to read:
 1746         477.0135 Exemptions.—
 1747         (5) A license is not required of any individual providing
 1748  makeup, special effects, or cosmetology services to an actor,
 1749  stunt person, musician, extra, or other talent during a
 1750  production recognized by the Department of Economic Opportunity
 1751  Office of Film and Entertainment as a qualified production as
 1752  defined in s. 288.1254(1). Such services are not required to be
 1753  performed in a licensed salon. Individuals exempt under this
 1754  subsection may not provide such services to the general public.
 1755         Section 11. Paragraph (q) of subsection (5) of section
 1756  212.08, Florida Statutes, is amended to read:
 1757         212.08 Sales, rental, use, consumption, distribution, and
 1758  storage tax; specified exemptions.—The sale at retail, the
 1759  rental, the use, the consumption, the distribution, and the
 1760  storage to be used or consumed in this state of the following
 1761  are hereby specifically exempt from the tax imposed by this
 1762  chapter.
 1763         (5) EXEMPTIONS; ACCOUNT OF USE.—
 1764         (q) Entertainment industry tax credit; authorization;
 1765  eligibility for credits.—The credits against the state sales tax
 1766  authorized pursuant to s. 288.1254 shall be deducted from any
 1767  sales and use tax remitted by the dealer to the department by
 1768  electronic funds transfer and may only be deducted on a sales
 1769  and use tax return initiated through electronic data
 1770  interchange. The dealer shall separately state the credit on the
 1771  electronic return. The net amount of tax due and payable must be
 1772  remitted by electronic funds transfer. If the credit for the
 1773  qualified expenditures is larger than the amount owed on the
 1774  sales and use tax return that is eligible for the credit, the
 1775  unused amount of the credit may be carried forward to a
 1776  succeeding reporting period as provided in s. 288.1254(4)(d)
 1777  288.1254(4)(e). A dealer may only obtain a credit using the
 1778  method described in this subparagraph. A dealer is not
 1779  authorized to obtain a credit by applying for a refund.
 1780         Section 12. Subsection (3) of section 220.1899, Florida
 1781  Statutes, is amended to read:
 1782         220.1899 Entertainment industry tax credit.—
 1783         (3) To the extent that the amount of a tax credit exceeds
 1784  the amount due on a return, the balance of the credit may be
 1785  carried forward to a succeeding taxable year pursuant to s.
 1786  288.1254(4)(d) 288.1254(4)(e).
 1787         Section 13. This act shall take effect October 1, 2015.
 1788  
 1789  ================= T I T L E  A M E N D M E N T ================
 1790  And the title is amended as follows:
 1791         Delete everything before the enacting clause
 1792  and insert:
 1793                        A bill to be entitled                      
 1794         An act relating to the entertainment industry;
 1795         amending s. 288.125, F.S.; revising the applicability
 1796         of the term “entertainment industry”; transferring,
 1797         renumbering, and amending s. 288.1251, F.S.; renaming
 1798         the Office of Film and Entertainment within the
 1799         Department of Economic Opportunity as the Division of
 1800         Film and Entertainment within Enterprise Florida,
 1801         Inc.; requiring the division to serve as a liaison
 1802         between the entertainment industry and other agencies,
 1803         commissions, and organizations; requiring the Governor
 1804         to appoint the film and entertainment commissioner;
 1805         revising the requirements of the division’s strategic
 1806         plan; transferring, renumbering, and amending s.
 1807         288.1252, F.S.; revising the powers and duties of the
 1808         Florida Film and Entertainment Advisory Council;
 1809         revising council membership; conforming provisions to
 1810         changes made by the act; transferring, renumbering,
 1811         and amending s. 288.1253, F.S.; conforming provisions
 1812         to changes made by the act; prohibiting the division
 1813         and its employees and representatives from accepting
 1814         specified accommodations, goods, or services from
 1815         specified parties; providing that any person who
 1816         accepts any such good or services is subject to
 1817         specified penalties; amending s. 288.1254, F.S.;
 1818         redefining and revising terms; requiring the
 1819         department and the division, rather than the Office of
 1820         Film and Entertainment, to be responsible for
 1821         applications for the entertainment industry program;
 1822         revising provisions relating to the application
 1823         process, tax credit eligibility, transfer of tax
 1824         credits, election and distribution of tax credits,
 1825         allocation of tax credits, forfeiture of tax credits,
 1826         and annual report; extending the repeal date;
 1827         conforming provisions to changes made by the act;
 1828         specifying a date on which the applications on file
 1829         with the department and not yet certified are deemed
 1830         denied; creating s. 288.1256, F.S.; creating the
 1831         entertainment industry quick action fund within the
 1832         department; defining terms; authorizing a production
 1833         company to apply for funds from the entertainment
 1834         industry quick action fund in certain circumstances;
 1835         requiring the department and the division to jointly
 1836         review and evaluate applications to determine the
 1837         eligibility of each project; requiring the department
 1838         to select projects that maximize the return to the
 1839         state; requiring certain criteria to be considered by
 1840         the department and the division; requiring a
 1841         production company to have financing for a project
 1842         before it applies for quick action funds; requiring
 1843         the department to prescribe a form for an application
 1844         with specified information; requiring that the
 1845         department make a recommendation to the Governor to
 1846         approve or deny an award within a specified timeframe
 1847         after the completion of the review and evaluation;
 1848         providing that an award of funds may not constitute
 1849         more than a specified percentage of qualified
 1850         expenditures in this state and prohibiting the use of
 1851         such funds to pay wages to nonresidents; requiring a
 1852         production to start within a specified period after it
 1853         is approved by the Governor; requiring that the
 1854         recommendation include performance conditions that the
 1855         project must meet to obtain funds; requiring the
 1856         department and the production company to enter into a
 1857         specified agreement after approval by the Governor;
 1858         requiring that the agreement be finalized and signed
 1859         by an authorized officer of the production company
 1860         within a specified period after approval by the
 1861         Governor; prohibiting an approved production company
 1862         from simultaneously receiving specified benefits for
 1863         the same production; requiring that the department
 1864         validate contractor performance and report such
 1865         validation in the annual report; prohibiting the
 1866         department from approving awards in excess of the
 1867         amount appropriated for a fiscal year; requiring the
 1868         department to maintain a schedule of funds; providing
 1869         that a production company that submits fraudulent
 1870         information is liable for reimbursement of specified
 1871         costs; providing a penalty; prohibiting the department
 1872         from waiving any provision or providing an extension
 1873         of time to meet specified requirements; providing an
 1874         expiration date; amending s. 288.1258, F.S.;
 1875         conforming provisions to changes made by the act;
 1876         prohibiting an approved production company from
 1877         simultaneously receiving benefits under specified
 1878         provisions for the same production; requiring the
 1879         department to develop a standardized application form
 1880         in cooperation with the division and other agencies;
 1881         requiring the qualified production company to submit
 1882         aggregate data on specified topics; authorizing a
 1883         qualified production company to renew its certificate
 1884         of exemption for a specified period; amending s.
 1885         288.92, F.S.; requiring Enterprise Florida, Inc., to
 1886         have a division relating to film and entertainment;
 1887         amending s. 477.0135, F.S.; conforming a provision to
 1888         changes made by the act; amending ss. 212.08, and
 1889         220.1899, F.S.; conforming cross-references; providing
 1890         an effective date.