Senate Bill sb2110
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    Florida Senate - 2006                                  SB 2110
    By Senator Saunders
    37-1357-06                                              See HB
  1                      A bill to be entitled
  2         An act relating to entertainment industry
  3         economic development; transferring,
  4         renumbering, and amending s. 288.1254, F.S.;
  5         revising the entertainment industry financial
  6         incentive program to provide corporate income
  7         tax credits to qualified entertainment entities
  8         rather than reimbursements from appropriations;
  9         revising provisions relating to definitions,
10         creation and scope, application procedures,
11         approval process, eligibility, required
12         documents, qualified productions, rules,
13         fraudulent claims, and annual reports;
14         providing criteria and limitations for awards
15         of tax credits; providing marketing
16         requirements; providing for future repeal;
17         amending s. 477.0135, F.S.; correcting a
18         cross-reference; providing an effective date.
19  
20  Be It Enacted by the Legislature of the State of Florida:
21  
22         Section 1.  Section 288.1254, Florida Statutes, is
23  transferred and renumbered as section 220.192, Florida
24  Statutes, and amended to read:
25         220.192 288.1254  Entertainment industry financial
26  incentive program; creation; purpose; definitions; application
27  procedure; approval process; reimbursement eligibility;
28  submission of required documentation; recommendations for
29  credit award payment; policies and procedures; fraudulent
30  claims.--
31  
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1         (1)  CREATION AND PURPOSE OF PROGRAM.--Subject to
 2  specific appropriation, There is created within the Office of
 3  Film and Entertainment an entertainment industry financial
 4  incentive program. The purpose of this program is to encourage
 5  the use of this state as a site for filming and providing
 6  production services for filmed entertainment.
 7         (2)  DEFINITIONS.--As used in this section, the term:
 8         (a)  "Distributor" means a distribution company that
 9  enters into a binding distribution agreement for a
10  feature-length independent film or video.
11         (b)(a)  "Filmed entertainment" means a theatrical or
12  direct-to-video motion picture, a made-for-television motion
13  picture teleproduction, a commercial, excluding political
14  commercials, a music video, an industrial or educational film,
15  a promotional video or film, a documentary film, a television
16  pilot, a presentation for a television pilot, a television
17  series, including, but not limited to, a drama, a reality, a
18  comedy, a soap opera, a telenovela, a game show, and a
19  miniseries production, or a digital-media-effects production
20  by the entertainment industry to be sold or displayed in an
21  electronic medium. As used in this paragraph, the term "motion
22  picture" means a motion picture made on or by film, tape, or
23  otherwise and produced by means of a motion picture camera,
24  electronic camera or device, tape device, any combination of
25  the foregoing, or any other means, method, or device now used
26  or which may hereafter be adopted. As used in this paragraph,
27  the term "digital-media-effects" means visual elements created
28  through the modification of already existing or newly created
29  visual elements for film, video, or animated media through the
30  use of digital 2D/3D animation or painting, motion capture, or
31  compositing technologies. For purposes of this section, the
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1  term "filmed entertainment" does not include the electronic
 2  gaming industry or sporting events.
 3         (c)  "High-impact television series" means a production
 4  created to run multiple production seasons with an estimated
 5  order of at least seven episodes per season and qualified
 6  expenditures of at least $625,000 per episode.
 7         (d)(b)  "Production costs" means the costs of real,
 8  tangible, and intangible property used and services primarily
 9  or customarily performed in the production, including
10  preproduction and postproduction, of qualified filmed
11  entertainment. Production costs generally include, but are not
12  limited to:
13         1.  Wages, salaries, or other compensation for
14  technical and production crews, directors, producers, and
15  performers who are residents of this state.
16         2.  Expenditures for sound stages, backlots, production
17  editing, digital effects, sound recordings, sets, and set
18  construction.
19         3.  Expenditures for rental equipment, including, but
20  not limited to, cameras and grip or electrical equipment.
21         4.  Expenditures for meals, travel, and accommodations,
22  and goods used in producing filmed entertainment that is
23  located and doing business in this state.
24         5.  Expenditures for goods and services used in
25  producing filmed entertainment.
26         (e)(c)  "Qualified expenditures" means production costs
27  incurred in this state for goods purchased or leased from or
28  services provided by purchased, leased, or employed from a
29  resident of this state or a vendor or supplier who is located
30  and doing business in this state, or payments to residents of
31  this state but excluding wages, salaries, or other
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1  compensation paid to the two highest-paid employees in this
 2  state.
 3         (f)(d)  "Qualified production" means filmed
 4  entertainment that makes expenditures in this state for the
 5  total or partial production of filmed entertainment.
 6  Productions that are deemed by the Office of Film and
 7  Entertainment to contain obscene content, as defined by the
 8  United States Supreme Court, are not qualified productions.
 9  Also, a production is not a qualified production if it is
10  determined that the first day of principal photography in this
11  state occurred on or before the date of submitting its
12  application to the Office of Film and Entertainment or prior
13  to certification by the Office of Tourism, Trade, and Economic
14  Development.
15         (g)(e)  "Qualified production company relocation
16  project" means a corporation, limited liability company,
17  partnership, corporate headquarters, or other artificial
18  private entity engaged in productions of filmed entertainment
19  that is domiciled in another state or country and relocates
20  its operations to this state, is organized under the laws of
21  this or any other state or country, and includes as one of its
22  primary purposes digital-media-effects or motion picture and
23  television production, or postproduction.
24         (3)  APPLICATION PROCEDURE; APPROVAL PROCESS.--
25         (a)  Any company engaged in this state in producing
26  filmed entertainment may submit an application to the Office
27  of Film and Entertainment for the purpose of determining
28  qualification for an award of credits against the tax imposed
29  by this chapter as receipt of reimbursement provided in this
30  section. The office must be provided information required to
31  determine if the production is a qualified production and to
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1  determine the qualified expenditures, production costs, and
 2  other information necessary for the office to determine both
 3  eligibility for and amounts of tax credits level of
 4  reimbursement.
 5         (b)  A digital-media-effects company in the state which
 6  furnishes digital material to filmed entertainment may submit
 7  an application to the Office of Film and Entertainment for the
 8  purpose of determining qualification for receipt of
 9  reimbursement authorized by this section. The office must be
10  provided information required to determine if the company is
11  qualified and to determine the amount of reimbursement.
12         (c)  Any corporation, limited liability company,
13  partnership, corporate headquarters, or other private entity
14  domiciled in another state which includes as one of its
15  primary purposes digital-media-effects or motion picture and
16  television production and which is considering relocation to
17  this state may submit an application to the Office of Film and
18  Entertainment for the purpose of determining qualification for
19  reimbursement under this section.
20         (b)(d)1.  The Office of Film and Entertainment shall
21  adopt rules establish a process by which an application is
22  accepted and reviewed and reimbursement eligibility for and
23  amounts of tax credits reimbursement amount are determined.
24  The Office of Film and Entertainment may request assistance
25  from a duly appointed local film commission in determining a
26  production's qualifications for awards of tax credits
27  reimbursement and compliance.
28         2.  The Office of Film and Entertainment shall develop
29  a standardized application form for use in approving a
30  qualified production or distribution bonus, a qualified
31  relocation project, or a company qualifying under paragraph
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1  (a), paragraph (b), or paragraph (c). The application form for
 2  a qualified production must include, but need not be limited
 3  to, production-related information on employment, proposed
 4  total production budgets, planned expenditures in this state
 5  which are intended for use exclusively as an integral part of
 6  preproduction, production, or postproduction activities
 7  engaged primarily in this state, and a signed affirmation from
 8  the applicant Office of Film and Entertainment that the
 9  information on the application form has been verified and is
10  correct. The application form shall be distributed to
11  applicants by the Office of Film and Entertainment or local
12  film commissions.
13         3.  The Office of Film and Entertainment must complete
14  its review of each application and recommend a maximum tax
15  credit award to the Office of Tourism, Trade, and Economic
16  Development or notify the applicant that he or she has not met
17  the requirements for qualification within 10 business 5 days
18  after receipt of the completed application, including all
19  required information, and it must notify the applicant of the
20  certified maximum tax credit award, if any, its determination
21  within 10 business days after being notified of certification
22  by the office receipt of the completed application and
23  required information.
24         4.  Upon determination that all criteria are met for
25  qualification for reimbursement, The Office of Film and
26  Entertainment shall notify the applicant of such approval. the
27  office shall also notify the Office of Tourism, Trade, and
28  Economic Development of the applicant approval and amount of
29  tax credit award reimbursement required. The Office of
30  Tourism, Trade, and Economic Development shall make final
31  determination for actual tax credit award reimbursement.
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1         5.  The Office of Film and Entertainment shall deny an
 2  application if it determines that:
 3         a.  The application is not complete or does not meet
 4  the requirements of this section; or
 5         b.  The tax credit amount reimbursement sought does not
 6  meet the requirements of this section for such reimbursement.
 7         (4)  CREDIT REIMBURSEMENT ELIGIBILITY; SUBMISSION OF
 8  REQUIRED DOCUMENTATION; APPLICATION RECOMMENDATIONS FOR
 9  TRANSFER PAYMENT.--
10         (a)  A production that is qualified by the Office of
11  Film and Entertainment and is certified by the Office of
12  Tourism, Trade, and Economic Development is eligible for a tax
13  credit for reimbursement of up to 15 percent of its qualifying
14  expenditures in this state on a filmed entertainment program,
15  excluding wages, salaries, or other compensation paid to the
16  two highest-paid employees of the production in this state
17  that demonstrates a minimum of $850,000 in total qualified
18  expenditures for the entire run of the project, versus the
19  budget on a single episode, within the fiscal year from July 1
20  to June 30. However, the maximum reimbursement that may be
21  made with respect to any filmed entertainment program is $2
22  million. All reimbursements under this section are subject to
23  appropriation. Tax credits awarded Payments under this section
24  in a fiscal year shall be made to qualified productions
25  according to a production's principal photography start date,
26  for those qualified productions having entered into the first
27  queue as cited in subparagraph 1. or the second queue cited in
28  subparagraph 2. within the first 2 weeks after the queue's
29  opening. All other qualified productions entering into either
30  queue after the initial 2-week openings shall be on a
31  first-come, first-served basis until the appropriation for
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1  that fiscal year is exhausted. The aggregate amount of tax
 2  credits allowed under this section in any fiscal year is $25
 3  million. If the total amount of allocated tax credits applied
 4  for in any fiscal year exceeds the aggregate amount of tax
 5  credits authorized annually under this section, such excess
 6  shall be treated as having been applied for on the first day
 7  of the next fiscal year in which tax credits remain available
 8  for allocation. On February 1 of each year, the remaining
 9  funds within both queues shall be combined into a single queue
10  and distributed based on a project's principal photography
11  start date. The eligibility of qualified productions may not
12  carry over from year to year, but such productions may reapply
13  for eligibility under the guidelines established for doing so.
14  The Office of Film and Entertainment shall develop a procedure
15  to ensure that qualified productions continue on a reasonable
16  schedule until completion. If a qualified production is not
17  continued according to a reasonable schedule, the office shall
18  withdraw its eligibility and reallocate the funds to the next
19  qualified productions already in the queue that have yet to
20  receive their full tax credit maximum or 15-percent financial
21  reimbursement, if they have not started principal photography
22  by the time the funds become available.
23         1.  Film, television, and episodic queue.--Theatrical
24  or direct-to-video motion pictures, made-for-television
25  movies, commercials, music videos, industrial and educational
26  films, promotional videos or films, documentary films,
27  television specials, television series, including, but not
28  limited to, miniseries and telenovelas, and
29  digital-media-effects productions by the entertainment
30  industry to be sold or displayed in an electronic medium which
31  demonstrate a minimum of $625,000 in total qualified
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1  expenditures for the entire run of the project, which, for a
 2  television series, means a season even if the season is not
 3  completed in the same fiscal year in which principal
 4  photography began, shall have their own separate queue
 5  established, and such queue shall have dedicated to it 60
 6  percent of all available tax credits in any fiscal year for
 7  which this section applies of the state incentive money. The
 8  maximum tax credit award that may be made from this queue for
 9  any single production is $2 million, unless the production is
10  a high-impact television series, in which case the production
11  shall be eligible for a maximum tax credit award of $3
12  million, provided such production meets the other criteria of
13  this section. On March 1 of each year, the remaining tax
14  credits within this queue shall be merged into a general queue
15  and may be used for other purposes of this section as
16  determined by the Office of Film and Entertainment. A
17  qualified high-impact television series shall be allowed first
18  position in this queue for its first five production seasons
19  if the application is received by the Office of Film and
20  Entertainment within the first 2 weeks after the queue's
21  opening. A television series after its fifth production season
22  is not eligible for tax credit awards under this section.
23         2.  Television pilot queue.--Television pilots and,
24  presentations for television pilots for television series
25  intended to be shot in this state and, or television series,
26  including, but not limited to, drama, reality, comedy, soap
27  opera, telenovela, game show, or miniseries productions, by
28  the entertainment industry to be sold or displayed in an
29  electronic medium which demonstrate a minimum of $625,000 in
30  total qualified expenditures for the pilot episode or
31  presentation shall have their own separate queue established,
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1  and such queue shall have dedicated to it 20 40 percent of all
 2  available tax credits in any given fiscal year for which this
 3  section applies of the state incentive money. The maximum tax
 4  credit award that may be made from this queue for any single
 5  project is $2 million. On March 1 of each year, the remaining
 6  tax credits within this queue shall be merged into a general
 7  queue and may be used for other purposes of this section as
 8  determined by the Office of Film and Entertainment.
 9         3.  Commercials and music video queue.--Commercials and
10  music videos by the entertainment industry to be sold or
11  displayed in an electronic medium which demonstrate a minimum
12  of $500,000 in total qualified expenditures from a production
13  company during the state fiscal year with a minimum of $75,000
14  in qualified expenditures for each production shall have their
15  own separate queue established. Such queue shall have
16  dedicated to it 20 percent of available tax credits in any
17  given fiscal year for which this section applies. The maximum
18  tax credit award that may be made from this queue for any
19  single production company is $500,000. On April 1 of each
20  year, the remaining tax credits within this queue shall be
21  merged into a general queue and may be used for other purposes
22  of this section as determined by the Office of Film and
23  Entertainment.
24         4.  Independent film and video distribution queue.--If
25  a distributor enters into a distribution agreement and
26  licenses theatrical or home video release rights for an
27  independent feature film or video more than 70 minutes in
28  length with 90 percent of its production days in this state
29  and that demonstrates a maximum of $625,000 in total qualified
30  expenditures in this state during the state fiscal year, there
31  shall be a separate queue established for releases of such
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1  films or videos. Such queue shall have dedicated to it the
 2  first $250,000 of available tax credits in any given fiscal
 3  year for which this section applies. The maximum tax credit
 4  award that may be made to a distributor from this queue for
 5  any single project is $40,000 for a theatrical release and
 6  $10,000 for a home video release. A distributor may not
 7  receive more than $120,000 in total tax credits from this
 8  queue. The Office of Film and Entertainment may adopt rules to
 9  determine an acceptable theatrical or home video release. On
10  May 1 of each year, the remaining tax credits within this
11  queue shall be merged into a general queue and may be used for
12  other purposes of this section as determined by the Office of
13  Film and Entertainment.
14         (b)  The tax credit available under this section shall
15  only be surrendered in satisfaction of the tax owed by a
16  qualified production company under this chapter and only up to
17  the face amount of the credit. If the qualified production
18  company cannot use the entire tax credit in the year in which
19  the credit is approved, any excess may be carried over to a
20  succeeding taxable year. A tax credit granted under this
21  section may be carried forward only for a maximum of 5 years
22  following the year in which the credit was approved. A
23  digital-media-effects company in the state which furnishes
24  digital material to filmed entertainment may be eligible for a
25  payment in an amount not to exceed 5 percent of its annual
26  gross revenues on qualified expenditures as defined in
27  paragraph (2)(c) before taxes or $100,000, whichever is less.
28  A company applying for payment must submit documentation
29  annually as required by the Office of Film and Entertainment
30  for determination of eligibility of claimed billing and
31  
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1  determination of the amount of payment for which the company
 2  is eligible.
 3         (c)  Upon application and approval by the Office of
 4  Film and Entertainment, a taxpayer may sell or assign, in
 5  whole or in part, a tax credit granted under this section. The
 6  sale or assignment of any amount of the tax credit may not be
 7  exchanged for consideration received by the taxpayer of less
 8  than 75 percent of the transferred amount of tax credit. The
 9  purchaser or assignee shall surrender the tax credit in the
10  year acquired from the qualified production company and
11  otherwise may carry the tax credit over, subject to the same
12  limitations on credit usage as the qualified production
13  company awarded the tax credit. The purchaser may not sell,
14  assign, or otherwise transfer the tax credit. A qualified
15  relocation project that is certified by the Office of Film and
16  Entertainment is eligible for a one-time incentive payment in
17  an amount equal to 5 percent of its annual gross revenues
18  before taxes for the first 12 months of conducting business in
19  its Florida domicile or $200,000, whichever is less. A company
20  applying for payment must submit documentation as required by
21  the Office of Film and Entertainment for determination of
22  eligibility of claimed billing and determination of the amount
23  of payment for which the company is eligible.
24         (d)  A qualified production company that is not a
25  corporation, as defined in s. 220.03(1)(e), shall make an
26  election, a digital-media-effects company, or a qualified
27  relocation project applying for a payment under this section
28  must submit documentation for claimed qualified expenditures
29  to the Office of Film and Entertainment under paragraph (e) or
30  distribute tax credits awarded under this section to its
31  partners or members in proportion to the respective
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1  distributive share of such partners' or members' income or
 2  loss in the year in which such tax credits were approved. A
 3  tax credit granted under this section shall be carried forward
 4  only for a maximum of 5 years following the year in which the
 5  credit was approved.
 6         (e)  A qualified production applying for a tax credit
 7  award under this section must submit by August 15 of the state
 8  fiscal year following the state fiscal year in which claimed
 9  qualified expenditures were incurred a single report from a
10  certified public accountant based in this state, preapproved
11  by the Office of Film and Entertainment, documenting the
12  amount of claimed qualified expenditures to the Office of Film
13  and Entertainment. The Office of Film and Entertainment shall
14  notify the Office of Tourism, Trade, and Economic Development
15  whether an applicant meets the criteria for reimbursement and
16  shall recommend the reimbursement amount. The Office of
17  Tourism, Trade, and Economic Development shall make the final
18  determination for actual reimbursement.
19         (f)  A qualified distribution company applying for tax
20  credits under this section shall submit an application and
21  verification of the fulfillment of distribution requirements
22  by May 1 of the state fiscal year.
23         (5)  MARKETING REQUIREMENTS.--The Office of Film and
24  Entertainment shall ensure that appropriate marketing
25  materials, including promotions of this state as a tourist and
26  filming destination, are required to be included on any filmed
27  entertainment as a condition of receiving a tax credit under
28  this section. The Office of Film and Entertainment shall
29  coordinate with VISIT Florida and other appropriate state
30  entities for the development and implementation of marketing
31  materials.
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1         (6)(5)  RULES POLICIES AND PROCEDURES.--The Office of
 2  Tourism, Trade, and Economic Development may shall adopt rules
 3  policies and procedures to implement this section, including,
 4  but not limited to, rules specifying requirements for the
 5  application and approval process, records required for
 6  submission for substantiation for credit awards reimbursement,
 7  and determination of and qualification for credit awards, and
 8  marketing requirements for credit recipients reimbursement.
 9         (7)(6)  FRAUDULENT CLAIMS.--An eligible entity or
10  company that obtains a payment under this section through a
11  claim that it knows is fraudulent is liable for reimbursement
12  of the amount paid plus a penalty in an amount double the
13  payment and reimbursement of reasonable costs, which penalty
14  is in addition to any criminal penalty to which the entity or
15  company is liable for the same acts. The entity or company is
16  also liable for costs and fees incurred by the state in
17  investigating and prosecuting the fraudulent claim. Any
18  applicant who knowingly submits an application under this
19  section which includes fraudulent information shall be liable
20  for reimbursement of the reasonable costs and fees associated
21  with the review, processing, investigation, and prosecution of
22  the fraudulent application.
23         (8)(7)  ANNUAL REPORT.--The Office of Film and
24  Entertainment shall provide an annual report for the previous
25  fiscal year, due October 1, to the Governor, the President of
26  the Senate, and the Speaker of the House of Representatives
27  outlining the return on investment to the state on funds
28  expended pursuant to this section.
29         (9)  REPEAL.--This section is repealed July 1, 2014.
30         Section 2.  Subsection (5) of section 477.0135, Florida
31  Statutes, is amended to read:
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    Florida Senate - 2006                                  SB 2110
    37-1357-06                                              See HB
 1         477.0135  Exemptions.--
 2         (5)  A license is not required of any individual
 3  providing makeup, special effects, or cosmetology services to
 4  an actor, stunt person, musician, extra, or other talent
 5  during a production recognized by the Office of Film and
 6  Entertainment as a qualified production as defined in s.
 7  220.192 288.1254(2). Such services are not required to be
 8  performed in a licensed salon. Individuals exempt under this
 9  subsection may not provide such services to the general
10  public.
11         Section 3.  This act shall take effect July 1, 2006.
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