Florida Senate - 2023 SB 476 By Senator Gruters 22-00546-23 2023476__ 1 A bill to be entitled 2 An act relating to the Florida First Production 3 Partnership Pilot Program; creating the program within 4 the Department of Economic Opportunity; providing a 5 purpose for the program; defining terms; requiring 6 that film, television, and digital media projects 7 being produced in this state meet specified criteria 8 to be eligible for rebates; authorizing applicants to 9 receive rebates up to a specified amount; requiring a 10 certified project to make a good faith effort to use 11 existing providers of infrastructure or equipment in 12 this state and to employ Florida residents; requiring 13 the Commissioner of Film and Entertainment to set 14 application windows; providing requirements for the 15 department relating to earmarking and setting aside 16 rebate funds; requiring applicants to either accept a 17 partial rebate or reject the partial rebate and drop 18 out of the program under certain circumstances; 19 providing procedures and requirements for applicants; 20 requiring the commissioner to take specified actions 21 within a reasonable period of time; requiring the 22 Florida Film and Entertainment Advisory Council to 23 determine a score for each qualified project using 24 specified criteria; requiring the commissioner to 25 determine the priority order and scoring system of the 26 specified criteria with assistance from the council 27 and certain other persons; requiring the council to 28 use specified criteria; requiring the commissioner to 29 take specified actions in a timely manner relating to 30 the certification or rejection of qualified projects; 31 requiring the department to set aside the amount 32 necessary to fund the rebates, if funds are available; 33 requiring the commissioner to develop a process to 34 verify the actual qualified expenditures and bonus 35 eligibility of a certified project after the project’s 36 work in this state is complete; providing requirements 37 for the verification process; requiring that the 38 rebate be issued within a reasonable period of time 39 upon approval of the final rebate amount; requiring 40 that certain marketing be included with a project; 41 requiring certified projects to allow certain persons 42 to visit the production site upon request of the 43 commissioner and after providing the commissioner with 44 reasonable notice; specifying that the commissioner or 45 his or her affiliate is not required to visit the 46 production site; requiring the department to 47 disqualify a project under certain circumstances; 48 providing for liability and imposing civil penalties 49 for an applicant that submits fraudulent information; 50 requiring the department to adopt rules; requiring the 51 commissioner to provide an annual report to the 52 Governor and the Legislature on a specified date; 53 providing appropriations; providing that certain 54 appropriated funds are not subject to reversion; 55 providing for the expiration of the program; providing 56 an effective date. 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. The Florida First Production Partnership Pilot 61 Program.— 62 (1) CREATION AND PURPOSE OF PROGRAM.—The Florida First 63 Production Partnership Pilot Program is created within the 64 Department of Economic Opportunity. 65 (a) The purpose of the program is to boost this state’s 66 economic prosperity by doing all of the following: 67 1. Encouraging growth of production across this state by 68 requiring the economic participation of local governments, 69 businesses, or entities in production site areas. 70 2. Using a scoring process to determine the best return on 71 investment and economic benefit to the state to certify 72 applicants. 73 3. Creating high-paying jobs in an industry with an average 74 salary at least 50 percent higher than the state average. 75 4. Enhancing tourism by choosing projects that encourage 76 tourists to visit this state. 77 5. Broadening the film, television, and digital media 78 industry’s impact on the state by offering a modest bonus for 79 projects that take place in underutilized areas. 80 6. Encouraging more family-friendly projects in this state. 81 7. Requiring at least 60 percent of the employees hired for 82 any project in this state to be Florida residents. 83 (b) This purpose must be accomplished by providing a 84 limited rebate to projects in areas where local governments, 85 businesses, or entities are offering a local rebate, thereby 86 providing the highest return on investment and economic benefit 87 to the state. 88 (c) To protect program funds, such rebate may not be issued 89 until after a certified project has made all of its expenditures 90 in this state and the expenditures have been verified through a 91 compliance audit. 92 (2) DEFINITIONS.—As used in this section, unless the 93 context otherwise requires, the term: 94 (a) “Certified project” means a qualified project that has 95 been scored by the council, has been determined by the 96 commissioner to meet or exceed the desired economic impact and 97 other criteria of the program, and has rebate funds allocated to 98 it based on the project’s estimated qualified expenditures. The 99 term does not include a project that may be considered obscene 100 as defined in s. 847.001(12), Florida Statutes. 101 (b) “Commissioner” means the Commissioner of Film and 102 Entertainment as described in s. 288.1251(1)(b), Florida 103 Statutes. 104 (c) “Council” means the Florida Film and Entertainment 105 Advisory Council created under s. 288.1252, Florida Statutes. 106 (d) “Department” means the Department of Economic 107 Opportunity. 108 (e) “Digital media project” means a commercial video game, 109 including an educational video game, which includes at least 30 110 minutes of game play time. 111 (f) “Family-friendly” means having cross-generational 112 appeal; being appropriate in theme, content, and language for a 113 broad family audience including children as young as 5 years of 114 age; embodying a responsible resolution of issues; not 115 containing any gratuitous act of drunkenness or violence, or any 116 illicit drug use, sex, nudity, or vulgar or profane language; 117 and not portraying the smoking of any substance in a positive 118 light. 119 (g) “Film project” means a theatrical, direct-to-video, 120 television, cable, Internet, streaming service, or animated 121 narrative motion picture at least 75 minutes in length. 122 (h) “Florida resident” means a person who has a valid 123 Florida driver license or a Florida identification card issued 124 under s. 322.051, Florida Statutes, and has signed an affidavit 125 confirming residency. 126 (i) “Local rebate” means a cash or goods-and-services 127 equivalent offered by a local government, entity, or business in 128 a production area which has a value of no less than 1 percent of 129 the actual state rebate earned. 130 (j) “Office” means the Office of Film and Entertainment 131 within the department. 132 (k) “Principal photography” means, for a film project or 133 television project, the filming of major or significant 134 components of the project which involve lead actors, or, for a 135 digital media project, the period of time during which the work 136 of the majority of the crew is dedicated solely to the project. 137 (l) “Production start date” means: 138 1. For film and television projects, the start date of 139 principal photography, as listed in the project’s application. 140 2. For digital media projects, the start date of work on 141 final storyboards or a later date as specified in the project’s 142 application. 143 (m) “Qualified expenditures” means: 144 1. Expenditures made in this state and paid to Florida 145 residents or to businesses registered in this state and made 146 solely for preproduction, production, or postproduction of the 147 qualified project, including the following: 148 a. Rented or leased goods or services provided by a vendor 149 or supplier in this state which is registered with the 150 Department of State or the Department of Revenue; which has a 151 physical address in this state other than a post office box; and 152 which employs one or more Florida residents on a full-time 153 basis. The term does not include rebilled goods or services 154 provided by an in-state company from out-of-state vendors or 155 suppliers. When services provided by the vendor or supplier 156 include personal services or labor, only personal services or 157 labor provided by Florida residents qualifies. 158 b. Payments to Florida residents in the form of salary or 159 wages up to a maximum of $200,000 per resident, including 160 amounts paid per diem to a worker who is a Florida resident and 161 amounts paid through payroll service companies, and benefits, 162 such as pension, health, and welfare payments, for technical and 163 production crews, directors, producers, and performers. For 164 purposes of this sub-subparagraph, qualified expenditures do not 165 include wages for executives, legal staff, or other corporate 166 staff who are not employed to work solely on the project. 167 c. Rented or leased cars, trucks, and trailers, if the 168 vehicles or trailers are registered with the Florida Department 169 of Highway Safety and Motor Vehicles. 170 d. Purchases of catered meals and on-set craft service 171 supplies. 172 e. Rented hotel rooms or other accommodations for cast or 173 crew. 174 2. The term does not include expenditures not expressly 175 identified in subparagraph 1., expenditures made before 176 qualification for the program, expenditures made via Internet 177 transactions, expenditures for airfare, or any costs associated 178 with development, marketing, or distribution. 179 3. For the purposes of a digital media project, the term 180 includes only those qualified expenditures made within 9 months 181 after the project’s first qualified expenditure. 182 (n) “Qualified project” means a film project, television 183 project, or digital media project that meets the application 184 requirements and for which a complete application for the 185 program has been submitted to the commissioner and accepted for 186 consideration by the office. The term does not include a weather 187 or market program; a sporting event or a sporting event 188 broadcast; a gala; an awards show; a production that solicits 189 funds; a home shopping program; a political program; a gambling 190 related project or production; a concert production; a news or 191 current events show; a sports or sports recap show; a 192 pornographic production; or any project or production deemed to 193 have content that is obscene as defined in s. 847.001(12), 194 Florida Statutes. 195 (o) “Television project” means a television pilot program 196 or a television series that: 197 1. Is a scripted drama, comedy, animation, or reality show; 198 2. Has a runtime to fit, at minimum, a 30-minute program 199 slot, but no longer than required to fit a 60-minute program 200 slot; and 201 3. If the television project is a television series, has a 202 minimum of 7 episodes, or, if the television project is a 203 reality program or series, has a minimum of 10 episodes. 204 (p) “Underutilized area” means any county in this state 205 other than Broward County, Hillsborough County, Miami-Dade 206 County, Orange County, Pinellas County, or Seminole County. 207 (3) REBATE ELIGIBILITY.— 208 (a) To be eligible for a rebate, an applicant must be 209 registered to do business in this state and must be producing a 210 project that: 211 1. Received a local rebate; 212 2. Has projected qualified expenditures of: 213 a. For a film project, at least $1.5 million; 214 b. For a television project, at least $500,000 per episode; 215 or 216 c. For a digital media project, at least $1.5 million; 217 3. Is projected to employ a crew of which at least 60 218 percent will be Florida residents, including cast and stand-ins, 219 but not including extras, also known as background performers, 220 and at least one military veteran who is a Florida resident; 221 4. Is projected to spend at least 70 percent of its total 222 production days in this state; and 223 5. Will not receive a sales tax certificate of exemption 224 pursuant to s. 288.1258, Florida Statutes, for the project. 225 (b) A certified project may receive a rebate in the amount 226 of up to 15 percent of its verified qualified expenditures. 227 Additionally, one additional rebate of 5 percent bonus may be 228 earned if either: 229 1. Sixty percent of the project’s production in this state 230 will take place in an underutilized area; or 231 2. The project’s content is deemed family-friendly. 232 (c) A certified project may not receive more than one 233 bonus. The total that may be awarded under any rebate may not 234 exceed 20 percent of its verified qualified expenditures or $2 235 million, whichever is less. 236 (d) A certified project must make a good faith effort to 237 use existing providers of infrastructure or equipment in this 238 state, when available, including providers of camera gear, grip 239 and lighting equipment, vehicles, and postproduction services, 240 and to employ cast and crew members who are Florida residents. 241 (4) APPLICATION WINDOWS.—Applications must be accepted for 242 the program during two application windows each fiscal year. The 243 commissioner shall set a start date for both application 244 windows. The first application window may begin before the start 245 of the fiscal year and must end no later than 5 business days 246 after July 1, and the second application window must end no 247 later than 5 business days after December 1. 248 (a) The department may not earmark or set aside more than 249 60 percent of any appropriated or rolled-over rebate funds for 250 any given fiscal year for certified projects submitted during 251 the first application window of each fiscal year. Rebate funds 252 not earmarked and set aside for certified projects during one 253 application window roll over for use in the next application 254 window. 255 (b) If all rebate funds are earmarked and set aside for 256 certified projects, additional applications may not be accepted 257 until more funds become available for the program. 258 (c) If, in any application period, only a partial amount of 259 rebate funds is available to certify to a project compared to 260 what it would be eligible for, the applicant must elect to 261 either accept the partial rebate as the maximum certified rebate 262 it would be eligible for or reject it and drop out of the 263 program. In either case, the applicant must notify the 264 commissioner in writing of its decision before the application 265 period ends. If additional rebate funds become available after 266 accepting a partial certification, the certified project is not 267 eligible for additional certification of funds. 268 (5) APPLICATION PROCESS.— 269 (a) A company that plans to produce a film, television, or 270 digital project in this state may submit an application to the 271 commissioner during one of the two application windows. Each 272 fiscal year, a project must have a production start date that is 273 within 6 months after July 1 if applying in the first window or 274 within 6 months after January 1 if applying in the second 275 window. 276 (b) An applicant or its parent company may submit an 277 application for no more than five projects in any single fiscal 278 year. However, only one project per applicant may be certified 279 within a fiscal year, except when a television pilot and its 280 subsequent television series are certified within the same 281 fiscal year. 282 (c) The application must include all of the following: 283 1. Proof of funding. 284 2. Project-related employment information, including 285 employment numbers for Florida residents. 286 3. A full line-item budget and a detailed qualified 287 expenditures budget. 288 4. A detailed distribution plan to assist with determining 289 the potential economic impact of the project to this state. 290 5. The applicant’s expected total qualified expenditures 291 for wages paid to Florida residents. 292 6. The applicant’s expected total qualified expenditures 293 and nonqualified expenditures in this state. 294 7. For a film project, the latest script, a production 295 schedule, a Day Out of Days report, and a list of the expected 296 shooting locations. 297 8. For a digital media project, a detailed game design 298 document, including a production schedule. 299 9. For a television project that is a pilot, a final 300 script, a production schedule, a Day Out of Days report, and a 301 list of the expected shooting locations. 302 10. For a television project that is a series, the latest 303 scripts for at least two episodes and a production schedule, a 304 Day Out of Days report, and a list of the expected shooting 305 locations for the first episode. 306 11. An affirmation signed by the applicant that the 307 information on the application is correct. 308 12. The expected local rebate. 309 13. The applicant’s Florida tax identification number. 310 (d) Within a reasonable period of time after the last 311 business day of each application window, the commissioner shall 312 do all of the following: 313 1. Review all applications submitted during the application 314 window and determine the eligibility of each applicant. 315 2. Determine each applicant’s expected qualified 316 expenditures and verify that the applicant’s local rebate is 317 greater than 1 percent of the state rebate the applicant applied 318 for. 319 3. Determine the maximum rebate amount that each eligible 320 applicant may be awarded. 321 4. Determine whether a qualified project is family 322 friendly. 323 5. Determine the percentage of the applicant’s project, if 324 any, which is proposed to occur in an underutilized area. 325 6. Determine whether each eligible applicant is a 326 corporation registered in this state. 327 7. Contact each applicant with any questions, as necessary. 328 8. Gather any additional information needed to address the 329 criteria specified under subsection (6). 330 9. Assemble a package containing the details of each 331 eligible applicant’s project and deliver it to each council 332 member. 333 10. Give notice to the council of the date and time when 334 the council must convene to assess each qualified project. The 335 council may meet in person or by conference call. 336 (e) The council shall determine a score for each qualified 337 project using the criteria specified under subsection (6), with 338 the highest scores going to projects determined to provide the 339 best economic impact and return on investment to this state. 340 (6) CRITERIA FOR DETERMINING PROJECT SCORES.— 341 (a) The priority order and scoring system of the criteria 342 specified in paragraph (b) must be determined by the 343 commissioner, with assistance from the council and other 344 persons, as determined by the commissioner, before the first 345 application window. 346 (b) The council shall use, at a minimum, the following 347 criteria in determining a qualified project’s score: 348 1. The amount of the project’s overall qualified 349 expenditures. 350 2. The amount of the local rebate received by the project, 351 giving more weight to cash than to goods and services. 352 3. The amount of the project’s Florida-resident wages. 353 4. The number of full-time-equivalent jobs created by the 354 project. 355 5. Whether the project provides pension, health, and 356 welfare benefits to its workforce in this state. 357 6. The estimated direct and indirect tourism benefit of the 358 project, based on the submitted distribution plan. 359 7. The duration of Florida-resident employment for the 360 project. 361 8. What percentage of the project, if any, is being made in 362 an underutilized area. 363 9. Whether the project is family-friendly. 364 10. Whether the project has a Florida-resident writer, 365 producer, or star. 366 11. Whether a Florida film, television, or digital media 367 school will assist with the production of the project. 368 12. Whether the project leadership team has a successful 369 track record. 370 13. The number of Florida-resident veterans the project 371 will hire. 372 14. The number of Florida film school graduates the project 373 will hire as cast or crew. 374 (7) NOTIFICATION OF DECISION.— 375 (a) After the council determines a qualified project’s 376 score, the commissioner shall, in a timely manner, do all of the 377 following: 378 1. Make a final determination on certifying or rejecting 379 each qualified project, giving substantial consideration to the 380 council’s scoring. 381 2. Provide a list of certified projects to the department 382 which includes the maximum rebate amounts that each certified 383 project may receive, not to exceed the amount of rebate funds 384 available. 385 3. Notify each certified project of the specified 386 percentage of qualified expenditures for which it is eligible 387 and the maximum rebate amount that it may receive. 388 4. Provide a notice of rejection to each rejected qualified 389 project; however, the failure to notify a qualified project of 390 its rejection does not deem the qualified project a certified 391 project. 392 (b) Based on the final determination of the commissioner, 393 the department shall earmark and set aside the amount necessary 394 to fund the total maximum that may be awarded for the certified 395 projects, if funds are available. 396 (8) VERIFICATION PROCESS.— 397 (a) The commissioner shall develop a process to verify the 398 actual qualified expenditures and rebate bonus eligibility of a 399 certified project after the project’s work in this state is 400 complete. The process must require all of the following: 401 1. Submission to the commissioner of at least all of the 402 following information, electronically or in hard copy, or both, 403 by each certified project: 404 a. Data substantiating each qualified expenditure which has 405 been audited by an independent certified public accountant 406 licensed in this state at the certified project’s cost, as 407 required under subparagraph 4. 408 b. Copies of documents verifying residency of persons 409 represented as being Florida residents. 410 c. The final script. 411 d. The most recent production board and shooting schedule. 412 e. The most recent credit list showing where the credits 413 required under subsection (9) will appear. 414 f. A cast list and a final crew list, including contact 415 information for the cast and crew who are Florida residents. 416 g. A verifiable breakdown of the local rebate. 417 h. For any veterans employed by the project, a copy of at 418 least one of the veterans’ DD Form 214, as issued by the United 419 States Department of Defense, or another acceptable form of 420 identification as specified by the United States Department of 421 Veterans Affairs. 422 i. Any other information determined necessary by the 423 commissioner. 424 2. Submission to the commissioner of an affidavit or 425 written declaration, signed by the lead producer or studio 426 executive in charge of the certified project under penalty of 427 perjury as specified in s. 92.525, Florida Statutes, stating 428 that all salaries, wages, and other compensation submitted as 429 qualified expenditures are in compliance with this section. 430 3. A compliance audit conducted at the certified project’s 431 expense by an independent certified public accountant who is a 432 resident of this state to substantiate the qualified 433 expenditures, and submission of a report of the audit findings, 434 including substantiating data, to the commissioner within a 435 reasonable period of time after the initial receipt of records 436 from the certified project. 437 438 The information and affidavit or written declaration required by 439 subparagraphs 1. and 2., respectively, must be received by the 440 commissioner within 120 days after the certified project has 441 made its last qualified expenditure but no later than 1 year 442 after its production start date. Pursuant to the rules adopted 443 by the department, the commissioner may, upon a showing of good 444 cause, grant a one-time limited extension of this deadline. 445 (b) The commissioner shall review the report and data 446 required under paragraph (a) within a reasonable period of time 447 after it is received and shall report to the department the 448 final verified amount of actual qualified expenditures the 449 certified project made and the amount of the rebate, including 450 any bonus, due the project. 451 (c) Upon approval by the department of the final rebate 452 amount to each certified project, which may not exceed the 453 maximum specified in the notice provided under subparagraph 454 (7)(a)3., the rebate must be issued within a reasonable period 455 of time. 456 (9) MARKETING AND TOURISM REQUIREMENT.— 457 (a) The commissioner shall ensure, as a condition of 458 receiving a rebate under this section, that a certified project 459 includes marketing promoting this state as a tourist destination 460 or film and entertainment production destination. At a minimum, 461 the marketing must include placement in the end credits of a 462 “Filmed in Florida” or “Produced in Florida” logo, with size and 463 placement commensurate to other logos included in the end 464 credits, or, if no logos are used, the statement “Filmed in 465 Florida” or “Produced in Florida” or a similar statement 466 approved by the commissioner, and the logo of the local film 467 office, if applicable. A digital media project must also supply 468 a 5-second or longer animated logo with “Produced in Florida” or 469 other text, including the logo of the local digital media 470 office, if applicable, as preapproved by the commissioner, in a 471 highly visible high-traffic area easily seen by a consumer of 472 the digital media project. The commissioner shall provide the 473 logos for the purposes specified in this paragraph, other than 474 the logo for a local office, which must be provided by the 475 applicable office. 476 (b) A certified project must allow the commissioner, or his 477 or her affiliate, and a minimum of two guests to visit the 478 production site upon the request of the commissioner. Upon 479 receipt of a request for a visit, the certified project must 480 give the commissioner reasonable notice of a visit date and time 481 that is acceptable to the project. The commissioner or his or 482 her affiliate is not required to make a visit to the set. 483 (c) A certified project must provide at least five 484 preapproved photos of the project to the commissioner and grant 485 the commissioner free use of the photos in promoting this state 486 as a film, television, or digital media production location or 487 tourist destination. 488 (10) DISQUALIFICATION.—The department must disqualify a 489 certified project and may not issue a rebate to the project if 490 the project: 491 (a) Does not begin principal photography in this state 492 within the period beginning 30 days before and ending 90 days 493 after the project’s listed production start date. Pursuant to 494 department rule, the commissioner may, upon a showing of good 495 cause, grant a one-time extension of this deadline; 496 (b) Does not abide by the policies, procedures, deadlines, 497 or requirements of the application verification process; 498 (c) Does not notify the commissioner of any change in the 499 production start date before commencing production; 500 (d) Submits fraudulent information; or 501 (e) Uses the state sales tax exemption established under s. 502 288.1258, Florida Statutes. 503 (11) FRAUD.—An applicant that submits fraudulent 504 information under this section is liable for reimbursement of 505 the reasonable costs and fees associated with the review, 506 processing, investigation, and prosecution of the fraudulent 507 submission. A certified project that obtains a rebate under this 508 section through a claim that is fraudulent must reimburse the 509 program for the rebate awarded and reasonable costs and fees 510 associated with the review, processing, investigation, and 511 prosecution of the fraudulent claim and must pay a civil penalty 512 in an amount equal to double the rebate amount and any criminal 513 penalty assessed against the certified project. 514 (12) RULES; POLICIES; PROCEDURES.—The department shall 515 adopt rules and develop policies and procedures to implement and 516 administer this section, including, but not limited to, rules 517 specifying requirements for the application and approval process 518 and the determination of qualified expenditures, marketing 519 requirements, and the examination and auditing procedures 520 required to administer this section. 521 (13) ANNUAL REPORT.—Each November 1, the commissioner shall 522 provide an annual report on the program for the previous fiscal 523 year to the Governor, the President of the Senate, and the 524 Speaker of the House of Representatives. The report must 525 identify the return on investment associated with, and economic 526 benefits to this state attributable to, the program. 527 (14) APPROPRIATIONS.— 528 (a) For the 2023-2024 fiscal year, the sum of $20 million 529 in nonrecurring funds is appropriated from the General Revenue 530 Fund to the department for the purposes of funding the program. 531 (b) For the 2024-2025 fiscal year, the sum of $20 million 532 in nonrecurring funds is appropriated from the General Revenue 533 Fund to the department for the purposes of funding the program. 534 (c) For the 2025-2026 fiscal year, the sum of $20 million 535 in nonrecurring funds is appropriated from the General Revenue 536 Fund to the department for the purposes of funding the program. 537 (d) For the 2026-2027 fiscal year, the sum of $20 million 538 in nonrecurring funds is appropriated from the General Revenue 539 Fund to the department for the purposes of funding the program. 540 (15) FUNDS NOT SUBJECT TO REVERSION.—Notwithstanding s. 541 216.301, Florida Statutes, funds appropriated for this purpose 542 are not subject to reversion. 543 (16) EXPIRATION.— The Florida First Production Partnership 544 Pilot Program expires June 30, 2027, at which point all 545 remaining appropriated funds not earmarked and set aside for 546 certified projects revert to the General Revenue Fund. All 547 remaining appropriated funds must revert to the General Revenue 548 Fund no later than October 31, 2028. 549 Section 2. This act shall take effect upon becoming a law.