Amendment
Bill No. HB 7203
Amendment No. 871915
CHAMBER ACTION
Senate House
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1Representative Precourt offered the following:
2
3     Amendment (with directory and title amendments)
4     Remove lines 607-832 and insert:
5     (1)  DEFINITIONS.-As used in this section, the term:
6     (b)  "Digital media project" means a production of
7interactive entertainment that is produced for distribution in
8commercial or educational markets. The term includes a video
9game or production intended for Internet or wireless
10distribution. The term does not include a production that
11contains deemed by the Office of Film and Entertainment to
12contain obscene content as defined in s. 847.001(10) or portrays
13America, Americans, Florida, or Floridians in a negative light.
14     (h)  "Qualified expenditures" means production expenditures
15incurred in this state by a qualified production for:
16     1.  Goods purchased or leased from, or services, including,
17but not limited to, insurance costs and bonding, payroll
18services, and legal fees, which are provided by, a vendor or
19supplier in this state that is registered with the Department of
20State or the Department of Revenue, has a physical location in
21this state, and employs one or more legal residents of this
22state. This does not include re-billed goods or services
23provided by an in-state company from out-of-state vendors or
24suppliers. When services are provided by the vendor or supplier
25include personal services or labor, only personal services or
26labor provided by residents of this state, evidenced by the
27required documentation of residency in this state, qualify.
28     2.  Payments to legal residents of this state in the form
29of salary, wages, or other compensation up to a maximum of
30$400,000 per resident unless otherwise specified in subsection
31(4). A completed declaration of residency in this state must
32accompany the documentation submitted to the office for
33reimbursement.
34
35For a qualified production involving an event, such as an awards
36show, the term does not include expenditures solely associated
37with the event itself and not directly required by the
38production. The term does not include expenditures incurred
39before certification, with the exception of those incurred for a
40commercial, a music video, or the pickup of additional episodes
41of a high-impact television series within a single season. Under
42no circumstances may the qualified production include in the
43calculation for qualified expenditures the original purchase
44price for equipment or other tangible property that is later
45sold or transferred by the qualified production for
46consideration. In such cases, the qualified expenditure is the
47net of the original purchase price minus the consideration
48received upon sale or transfer.
49     (i)  "Qualified production" means a production in this
50state meeting the requirements of this section. The term does
51not include a production:
52     1.  In which, for the first 2 years of the incentive
53program, less than 50 percent, and thereafter, less than 60
54percent, of the positions that make up its production cast and
55below-the-line production crew, or, in the case of digital media
56projects, less than 75 percent of such positions, are filled by
57legal residents of this state, whose residency is demonstrated
58by a valid Florida driver's license or other state-issued
59identification confirming residency, or students enrolled full-
60time in a film-and-entertainment-related course of study at an
61institution of higher education in this state; or
62     2.  That contains is deemed by the Office of Film and
63Entertainment to contain obscene content as defined in s.
64847.001(10) or portrays America, Americans, Florida, or
65Floridians in a negative light.
66     (k)  "Qualified digital media production facility" means a
67building or series of buildings and their improvements in which
68data processing, visualization, and sound synchronization
69technologies are regularly applied for the production of
70qualified digital media projects.
71     (l)  "Qualified production facility" means a building or
72complex of buildings and their improvements and associated
73backlot facilities in which regular filming activity for film or
74television has occurred for a period of no less than one year
75and which contain at least one sound stage of at least 7,800
76square feet.
77     (m)  "Regional population ratio" means the ratio of the
78population of a region to the population of this state. The
79regional population ratio applicable to a given fiscal year is
80the regional population ratio calculated by the Office of Film
81and Entertainment using the latest official estimates of
82population certified under s. 186.901, available on the first
83day of that fiscal year.
84     (n)  "Regional tax credit ratio" means a ratio the
85numerator of which is of the sum of tax credits awarded to
86productions in a region to date plus the tax credits certified,
87but not yet awarded, to productions currently in that region and
88the denominator of which is the sum of all tax credits awarded
89in the state to date plus all tax credits certified, but not yet
90awarded, to productions currently in the state. The regional tax
91credit ratio applicable to a given year is the regional tax
92credit ratio calculated by the Office of Film and Entertainment
93using credit award and certification information available on
94the first day of that fiscal year.
95     (o)  "Underutilized region" for a given state fiscal year
96means a region with a regional tax credit ratio applicable to
97that fiscal year that is lower than its regional population
98ratio applicable to that fiscal year. The following regions are
99established for purposes of making this determination:
100     1.  North Region, consisting of Alachua, Baker, Bay,
101Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia,
102Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson,
103Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau,
104Okaloosa, Putnam, Santa Rosa, St. Johns, Suwannee, Taylor,
105Union, Wakulla, Walton, and Washington counties.
106     2.  Central East Region, consisting of Brevard, Flagler,
107Indian River, Lake, Okeechobee, Orange, Osceola, Seminole, St.
108Lucie, and Volusia counties.
109     3.  Central West Region, consisting of Citrus, Hernando,
110Hillsborough, Manatee, Marion, Polk, Pasco, Pinellas, Sarasota,
111and Sumter counties.
112     4.  Southwest Region, consisting of Charlotte, Collier,
113DeSoto, Glades, Hardee, Hendry, Highlands, and Lee counties.
114     5.  Southeast Region, consisting of Broward, Martin, Miami-
115Dade, Monroe, and Palm Beach counties.
116     (3)  APPLICATION PROCEDURE; APPROVAL PROCESS.-
117     (c)  Application process.-The Office of Film and
118Entertainment shall establish a process by which an application
119is accepted and reviewed and by which tax credit eligibility and
120award amount are determined. The Office of Film and
121Entertainment may request assistance from a duly appointed local
122film commission in determining compliance with this section. A
123high-impact television series may submit an application for no
124more than two successive seasons, notwithstanding the fact that
125the successive season has not been ordered. The successive
126season qualified expenditure amounts shall be based on the
127current season's estimated qualified expenditures.
128     (e)  Grounds for denial.-The Office of Film and
129Entertainment shall deny an application if it determines that
130the application is not complete or the production or application
131does not meet the requirements of this section. Within 90 days
132after submitting a program application, except with respect to
133applications in the independent and emerging media queue, a
134production must provide proof of project financing to the Office
135of Film and Entertainment, otherwise the project is deemed
136denied and withdrawn. A project that has been withdrawn may
137submit a new application upon providing the Office of Film and
138Entertainment proof of financing.
139     (4)  TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
140ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
141PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
142ACQUISITIONS.-
143     (b)  Tax credit eligibility.-
144     1.  General production queue.-Ninety-four percent of tax
145credits authorized pursuant to subsection (6) in any state
146fiscal year must be dedicated to the general production queue.
147The general production queue consists of all qualified
148productions other than those eligible for the commercial and
149music video queue or the independent and emerging media
150production queue. A qualified production that demonstrates a
151minimum of $625,000 in qualified expenditures is eligible for
152tax credits equal to 20 percent of its actual qualified
153expenditures, up to a maximum of $8 million. A qualified
154production that incurs qualified expenditures during multiple
155state fiscal years may combine those expenditures to satisfy the
156$625,000 minimum threshold.
157     a.  An off-season certified production that is a feature
158film, independent film, or television series or pilot is
159eligible for an additional 5-percent tax credit on actual
160qualified expenditures. An off-season certified production that
161does not complete 75 percent of principal photography due to a
162disruption caused by a hurricane or tropical storm may not be
163disqualified from eligibility for the additional 5-percent
164credit as a result of the disruption.
165     b.  If more than 25 percent of the sum of total tax credits
166awarded to productions after July 1, 2010, and total tax credits
167certified, but not yet awarded, to productions currently in this
168state has been awarded for television series, then no television
169series or pilot shall be eligible for tax credits under this
170subparagraph.
171     c.  The calculations required by this sub-subparagraph
172shall use only credits available to be certified and awarded on
173or after July 1, 2011.
174     (I)  If less than 25 percent of the sum of the total tax
175credits awarded to productions and the total tax credits
176certified, but not yet awarded, to productions currently in this
177state has been to high-impact television series, any A qualified
178high-impact television series shall be allowed first position in
179this queue for tax credit awards not yet certified.
180     (II)  If less than 20 percent of the sum of the total tax
181credits awarded to productions and the total tax credits
182certified, but not yet awarded, to productions currently in this
183state has been to digital media projects, any digital media
184project shall be allowed first position in this queue for tax
185credit awards not yet certified.
186     (III)  For the purposes of determining position between a
187high-impact television series allowed first position and a
188digital media project allowed first position under this sub-
189subparagraph, tax credits shall be awarded on a first-come,
190first-served basis.
191     d.  A qualified production that incurs at least 85 percent
192of its qualified expenditures within a region designated as an
193underutilized region at the time that the production is
194certified is eligible for an additional 5 percent tax credit.
195     e.  Any qualified production that employs students enrolled
196full-time in a film and entertainment-related or digital media-
197related course of study at an institution of higher education in
198this state is eligible for an additional 15 percent tax credit
199on qualified expenditures that are wages, salaries, or other
200compensation paid to such students.
201     f.  A qualified production for which 50 percent or more of
202its principal photography occurs at a qualified production
203facility or a digital media project for which 50 percent or more
204of its qualified expenditures are related to a qualified digital
205media production facility shall be eligible for an additional 5
206percent tax credit on actual qualified expenditures for
207production activity at that facility.
208     g.  No qualified production shall be eligible for tax
209credits provided under this paragraph totaling more than 30
210percent of its actual qualified expenses.
211     2.  Commercial and music video queue.-Three percent of tax
212credits authorized pursuant to subsection (6) in any state
213fiscal year must be dedicated to the commercial and music video
214queue. A qualified production company that produces national or
215regional commercials or music videos may be eligible for a tax
216credit award if it demonstrates a minimum of $100,000 in
217qualified expenditures per national or regional commercial or
218music video and exceeds a combined threshold of $500,000 after
219combining actual qualified expenditures from qualified
220commercials and music videos during a single state fiscal year.
221After a qualified production company that produces commercials,
222music videos, or both reaches the threshold of $500,000, it is
223eligible to apply for certification for a tax credit award. The
224maximum credit award shall be equal to 20 percent of its actual
225qualified expenditures up to a maximum of $500,000. If there is
226a surplus at the end of a fiscal year after the Office of Film
227and Entertainment certifies and determines the tax credits for
228all qualified commercial and video projects, such surplus tax
229credits shall be carried forward to the following fiscal year
230and be available to any eligible qualified productions under the
231general production queue.
232     3.  Independent and emerging media production queue.-Three
233percent of tax credits authorized pursuant to subsection (6) in
234any state fiscal year must be dedicated to the independent and
235emerging media production queue. This queue is intended to
236encourage Florida independent film and emerging media
237production. Any qualified production, excluding commercials,
238infomercials, or music videos, that demonstrates at least
239$100,000, but not more than $625,000, in total qualified
240expenditures is eligible for tax credits equal to 20 percent of
241its actual qualified expenditures. If a surplus exists at the
242end of a fiscal year after the Office of Film and Entertainment
243certifies and determines the tax credits for all qualified
244independent and emerging media production projects, such surplus
245tax credits shall be carried forward to the following fiscal
246year and be available to any eligible qualified productions
247under the general production queue.
248     4.  Family-friendly productions.-A certified theatrical or
249direct-to-video motion picture production or video game
250determined by the Commissioner of Film and Entertainment, with
251the advice of the Florida Film and Entertainment Advisory
252Council, to be family-friendly, based on the review of the
253script and the review of the final release version, is eligible
254for an additional tax credit equal to 5 percent of its actual
255qualified expenditures. Family-friendly productions are those
256that have cross-generational appeal; would be considered
257suitable for viewing by children age 5 or older; are appropriate
258in theme, content, and language for a broad family audience;
259embody a responsible resolution of issues; and do not exhibit or
260imply any act of smoking, sex, nudity, or vulgar or profane
261language.
262     (7)  ANNUAL ALLOCATION OF TAX CREDITS.-
263     (a)  The aggregate amount of the tax credits that may be
264certified pursuant to paragraph (3)(d) may not exceed:
265     1.  For fiscal year 2010-2011, $53.5 million.
266     2.  For fiscal year 2011-2012, $74.5 million.
267     3.  For fiscal years 2012-2013, 2013-2014, and 2014-2015,
268$50 $38 million per fiscal year.
269     (10)  ANNUAL REPORT.-Each October 1, the Office of Film and
270Entertainment shall provide an annual report for the previous
271fiscal year to the Governor, the President of the Senate, and
272the Speaker of the House of Representatives which outlines the
273return on investment and economic benefits to the state. The
274report shall also include an estimate of the full-time
275equivalent positions created by each production that received
276tax credits under s. 288.1254 and information relating to the
277distribution of productions receiving credits by geographic
278region and type of production.
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283
D I R E C T O R Y  A M E N D M E N T
284     Remove lines 600-604 and insert:
285Section 16.  Paragraphs (b), (h), and (i) of subsection (1),
286paragraphs (c) and (e) of subsection (3), paragraph (b) of
287subsection (4), paragraph (a) of subsection (7), and subsection
288(10) of section 288.1254, Florida Statutes, are amended, and
289paragraphs (k), (l), (m), (n), and (o) are added to subsection
290(1) of that section, to read:
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T I T L E  A M E N D M E N T
295     Remove lines 33-37 and insert:
296F.S.; revising and providing definitions; revising criteria for
297awarding tax credits and increasing the amount of credits to be
298awarded under the entertainment industry financial incentive
299program; revising the application procedure and approval
300process; revising requirements relating to the annual report of
301the Office of Film and Entertainment;


CODING: Words stricken are deletions; words underlined are additions.