| 1 | A bill to be entitled |
| 2 | An act relating to the entertainment industry; amending s. |
| 3 | 288.1254, F.S.; renaming the entertainment industry |
| 4 | financial incentive program as the entertainment industry |
| 5 | financial incentive and tax credit program; revising the |
| 6 | program to provide qualified entertainment entities with a |
| 7 | choice of corporate income tax and sales and use tax |
| 8 | credits or reimbursement from appropriations; revising |
| 9 | provisions relating to definitions, creation and scope, |
| 10 | application procedures, approval process, eligibility, |
| 11 | required documents, qualified and certified productions, |
| 12 | queues, fraud, and annual reports; providing duties and |
| 13 | responsibilities of the Office of Film and Entertainment, |
| 14 | the Office of Tourism, Trade, and Economic Development, |
| 15 | and the Department of Revenue relating to the tax credits; |
| 16 | providing criteria and limitations for awards of tax |
| 17 | credits; providing a total amount available for tax |
| 18 | credits; providing for uses, allocations, election, |
| 19 | distributions, and carryforward of the tax credits; |
| 20 | providing for use of consolidated returns; providing for |
| 21 | partnership and noncorporate distributions of tax credits; |
| 22 | providing for succession of tax credits; providing |
| 23 | requirements for transfer of tax credits; requiring a |
| 24 | purchaser of transferred tax credits to pay a percentage |
| 25 | of the amount paid to fund specified film education |
| 26 | grants; providing priority allocation of financial |
| 27 | incentive and tax credits; providing for withdrawal of tax |
| 28 | credit eligibility; authorizing the Office of Tourism, |
| 29 | Trade, and Economic Development to adopt rules, policies, |
| 30 | and procedures; authorizing the Department of Revenue to |
| 31 | adopt rules and conduct audits; providing for revocation |
| 32 | and forfeiture of tax credits; providing liability for |
| 33 | reimbursement of certain costs and fees associated with a |
| 34 | fraudulent claim; providing for future expiration of tax |
| 35 | credit authorization except for carryforward of tax |
| 36 | credits authorized prior to that date; creating s. |
| 37 | 288.1256, F.S.; establishing the Florida Graduate Film |
| 38 | Investment Program; requiring administration by the Office |
| 39 | of Film and Entertainment; providing for deposit of funds; |
| 40 | requiring that funds be used for certain family-friendly |
| 41 | films; amending s. 288.1252, F.S.; requiring the Florida |
| 42 | Film and Entertainment Advisory Council to advise on films |
| 43 | produced under the Florida Graduate Film Investment |
| 44 | Program; amending s. 220.13, F.S.; including a portion of |
| 45 | the entertainment industry tax credit, as provided in s. |
| 46 | 288.1254, F.S., for the purpose of calculating a |
| 47 | taxpayer's net income; amending s. 220.02, F.S.; including |
| 48 | tax credits enumerated in s. 288.1254, F.S., in the order |
| 49 | of application of credits against certain taxes; amending |
| 50 | s. 213.053, F.S.; authorizing the Department of Revenue to |
| 51 | provide tax credit information to the Office of Film and |
| 52 | Entertainment and the Office of Tourism, Trade, and |
| 53 | Economic Development; amending s. 212.08, F.S.; requiring |
| 54 | electronic funds transfer for the entertainment industry |
| 55 | tax credit; providing procedures; providing rulemaking |
| 56 | authority; providing for severability; providing an |
| 57 | effective date. |
| 58 |
|
| 59 | Be It Enacted by the Legislature of the State of Florida: |
| 60 |
|
| 61 | Section 1. Section 288.1254, Florida Statutes, is amended |
| 62 | to read: |
| 63 | 288.1254 Entertainment industry financial incentive and |
| 64 | tax credit program.-- |
| 65 | (1) DEFINITIONS.--As used in this section, the term: |
| 66 | (a) "Certified production" means a qualified production |
| 67 | that has financial incentive funds allocated or tax credits |
| 68 | awarded to it by the Office of Tourism, Trade, and Economic |
| 69 | Development based on its estimated qualified expenditures. The |
| 70 | term excludes a production if its first day of principal |
| 71 | photography in this state occurred before the production is |
| 72 | certified by the Office of Tourism, Trade, and Economic |
| 73 | Development, unless the production spans more than 1 fiscal |
| 74 | year, was a certified production on the first day of such |
| 75 | photography, and is required to submit an application for |
| 76 | continuing the same production in the subsequent year. |
| 77 | (b) "Certified production company" means a qualified |
| 78 | production company that has received a financial incentive |
| 79 | allocation or a tax credit award for a certified production. |
| 80 | (c)(b) "Digital media project" means a production of |
| 81 | interactive entertainment which is produced for distribution in |
| 82 | commercial or educational markets, including a video game, |
| 83 | simulation, or animation, or a production intended for Internet |
| 84 | or wireless distribution. The term excludes a production deemed |
| 85 | by the Office of Film and Entertainment to contain obscene |
| 86 | content as defined in s. 847.001(10). |
| 87 | (d) "Financial incentive," "financial incentive payment," |
| 88 | or "incentive funding" means a monetary reimbursement for |
| 89 | qualified expenditures based upon legislative appropriation. |
| 90 | (e)(c) "High-impact television series" means a production |
| 91 | created to run multiple production seasons having an estimated |
| 92 | order of at least seven episodes per season and qualified |
| 93 | expenditures of at least $625,000 per episode. |
| 94 | (f)(d) "Off-season certified production" means a |
| 95 | production, other than a digital media project or an animated |
| 96 | production, which films 75 percent or more of its principal |
| 97 | photography days from June 1 through November 30. |
| 98 | (g)(e) "Production" means a theatrical, or direct-to- |
| 99 | video, or motion picture; a made-for-television motion picture; |
| 100 | a commercial; a music video; an industrial or educational film; |
| 101 | an infomercial; a documentary film; a television pilot program, |
| 102 | including; a presentation for a television pilot program; a |
| 103 | television series, including, but not limited to, a drama, a |
| 104 | reality show, a comedy, a soap opera, a telenovela, a game show, |
| 105 | or a miniseries production; or a digital media project by the |
| 106 | entertainment industry. One season of a television series is |
| 107 | considered one production. The term excludes a weather or market |
| 108 | program; a sporting event; a sports show; a gala; a production |
| 109 | that solicits funds; a home shopping program; a political |
| 110 | program; a political documentary; political advertising; a |
| 111 | gambling-related project or production; a concert production; a |
| 112 | pornographic production; or a local, regional, or Internet- |
| 113 | distributed-only news show, current-events show, pornographic |
| 114 | production, or current-affairs show. A production may be |
| 115 | produced on or by film, tape, or otherwise by means of a motion |
| 116 | picture camera; electronic camera or device; tape device; |
| 117 | computer; any combination of the foregoing; or any other means, |
| 118 | method, or device now used or later adopted. |
| 119 | (h)(f) "Production expenditures" means the costs of |
| 120 | tangible and intangible property used and services performed |
| 121 | primarily and customarily in the production, including |
| 122 | preproduction and postproduction, excluding costs for |
| 123 | development, marketing, and distribution. Production |
| 124 | expenditures include, but are not limited to: |
| 125 | 1. Wages, salaries, or other compensation, including |
| 126 | amounts paid through payroll service companies, for technical |
| 127 | and production crews, directors, producers, and performers. |
| 128 | 2. Expenditures for sound stages, backlots, production |
| 129 | editing, digital effects, sound recordings, sets, and set |
| 130 | construction. |
| 131 | 3. Expenditures for rental equipment, including, but not |
| 132 | limited to, cameras and grip or electrical equipment. |
| 133 | 4. Expenditures for meals, travel, and accommodations. |
| 134 | (i)(g) "Qualified expenditures" means production |
| 135 | expenditures incurred in this state by a qualified production |
| 136 | for: |
| 137 | 1. Goods purchased or leased from, or services provided |
| 138 | by, a vendor or supplier in this state which is registered with |
| 139 | the Department of State or the Department of Revenue and doing |
| 140 | business in this state. |
| 141 | 2. Payments to residents of this state in the form of |
| 142 | salary, wages, or other compensation up to a maximum of $400,000 |
| 143 | per resident for the general production queue and the |
| 144 | independent Florida filmmaker queue and up to a maximum of |
| 145 | $200,000 for the digital media queue. |
| 146 |
|
| 147 | For a qualified production involving an event, such as an awards |
| 148 | show, the term excludes expenditures solely associated with the |
| 149 | event itself and not directly required by the production. The |
| 150 | term excludes expenditures prior to certification, with the |
| 151 | exception of those incurred for a commercial, a music video, or |
| 152 | the pickup of additional episodes of a television series within |
| 153 | a single season. |
| 154 | (j)(h) "Qualified production" means a production in this |
| 155 | state meeting the requirements of this section and the minimum |
| 156 | qualified expenditures and requirements of its appropriate |
| 157 | queue. The term excludes a production: |
| 158 | 1. In which less than 50 percent of the positions that |
| 159 | make up its production cast and below-the-line production crew |
| 160 | are filled by residents of this state, whose residency is |
| 161 | demonstrated by a valid Florida driver's license or other state- |
| 162 | issued identification confirming residency, or students enrolled |
| 163 | full-time in a film-and-entertainment-related course of study at |
| 164 | an institution of higher education in this state; or |
| 165 | 2. That is deemed by the Office of Film and Entertainment |
| 166 | to contain obscene content as defined in s. 847.001(10). |
| 167 | (k)(i) "Qualified production company" means a corporation, |
| 168 | limited liability company, partnership, or other legal entity |
| 169 | engaged in producing a qualified production. |
| 170 | (2) CREATION AND PURPOSE OF PROGRAM.--The entertainment |
| 171 | industry financial incentive and tax credit program is created |
| 172 | within the Office of Film and Entertainment. The purpose of this |
| 173 | program is to encourage the use of this state as a site for |
| 174 | filming and to develop and sustain the workforce and |
| 175 | infrastructure for film and entertainment production. |
| 176 | (3) APPLICATION PROCEDURE; APPROVAL PROCESS.-- |
| 177 | (a) A qualified production company in this state producing |
| 178 | a qualified production may submit a program application to the |
| 179 | Office of Film and Entertainment for the purpose of determining |
| 180 | certification for a financial incentive or for an award of tax |
| 181 | credits authorized by this section. The applicant shall provide |
| 182 | the office with information required to determine whether the |
| 183 | production is a qualified production and to determine the |
| 184 | qualified expenditures and other information necessary for the |
| 185 | office to determine certification. |
| 186 | (b) The Office of Film and Entertainment shall develop an |
| 187 | application form for use in qualifying an applicant as a |
| 188 | qualified production. The form must include, but need not be |
| 189 | limited to, production-related information concerning employment |
| 190 | of residents in this state, a detailed budget of planned |
| 191 | qualified expenditures, and the applicant's signed affirmation |
| 192 | that the information on the form has been verified and is |
| 193 | correct. The Office of Film and Entertainment and local film |
| 194 | commissions shall distribute the form. |
| 195 | (c) The Office of Film and Entertainment shall establish a |
| 196 | process by which an application is accepted and reviewed for |
| 197 | certification for a financial incentive or for tax credit |
| 198 | eligibility and by which the amount of the financial incentive |
| 199 | or tax credit award is determined. The office may request |
| 200 | assistance from a duly appointed local film commission in |
| 201 | determining qualification for the financial incentive allocation |
| 202 | or tax credit award and compliance with this section. |
| 203 | (d) The Office of Film and Entertainment shall review the |
| 204 | application within 10 business days after receipt. Upon its |
| 205 | determination that the application contains all the information |
| 206 | required by this subsection and meets the criteria set out in |
| 207 | this section, the office shall qualify the applicant and |
| 208 | recommend to the Office of Tourism, Trade, and Economic |
| 209 | Development that the applicant for a financial incentive be |
| 210 | certified for a maximum amount of available funds and that the |
| 211 | applicant for a tax credit be certified for the tax credit and |
| 212 | for a maximum tax credit award amount. Within 5 business days |
| 213 | after receipt of the recommendation, the Office of Tourism, |
| 214 | Trade, and Economic Development shall reject the recommendation |
| 215 | or certify the applicant and shall certify the maximum |
| 216 | recommended tax credit award, if any, to the applicant and to |
| 217 | the executive director of the Department of Revenue. |
| 218 | (e) The Office of Film and Entertainment shall deny an |
| 219 | application if it determines that the application is not |
| 220 | complete or the production or the tax credit sought does not |
| 221 | meet the requirements of this section. |
| 222 | (f) The Office of Film and Entertainment shall develop a |
| 223 | process to verify the actual qualified expenditures of a |
| 224 | certified production. The process must require: |
| 225 | 1. A certified production to submit, in a timely manner |
| 226 | after production ends and after making all of its qualified |
| 227 | expenditures, data substantiating each qualified expenditure to |
| 228 | an independent certified public accountant licensed in this |
| 229 | state; |
| 230 | 2. Such accountant to conduct an audit, at the certified |
| 231 | production's expense, to substantiate each qualified expenditure |
| 232 | and submit the results as a report, along with all |
| 233 | substantiating data, to the Office of Film and Entertainment; |
| 234 | and |
| 235 | 3. The Office of Film and Entertainment to review the |
| 236 | accountant's submittal and report to the Office of Tourism, |
| 237 | Trade, and Economic Development the final verified amount of |
| 238 | actual qualified expenditures made by the certified production. |
| 239 | (g)1.4. The Office of Tourism, Trade, and Economic |
| 240 | Development shall determine and approve the incentive amount or |
| 241 | the final amount of the tax credit award for to each certified |
| 242 | applicant. The Office of Tourism, Trade, and Economic |
| 243 | Development shall then notify the executive director of the |
| 244 | Department of Revenue that the certified production has met the |
| 245 | requirements of the financial incentive and tax credit program. |
| 246 | 2. The Office of Tourism, Trade, and Economic Development |
| 247 | shall award all tax credits for the previous year by September |
| 248 | 30. |
| 249 | (h)(g) The Office of Film and Entertainment shall ensure |
| 250 | that, as a condition of receiving incentive funding or a tax |
| 251 | credit under this section, marketing materials promoting this |
| 252 | state as a tourist destination or film and entertainment |
| 253 | production destination are included, when appropriate, at no |
| 254 | cost to the state, which must, at a minimum, include placement |
| 255 | in the end credits of a "Filmed in Florida" logo with size and |
| 256 | placement commensurate to other logos included in the end |
| 257 | credits or, if no logos are used, the statement "Filmed in |
| 258 | Florida using Florida's Entertainment Industry Financial |
| 259 | Incentive," or a similar statement approved by the Office of |
| 260 | Film and Entertainment before such placement. The Office of Film |
| 261 | and Entertainment shall develop a "Filmed in Florida" logo and |
| 262 | supply it for the purposes specified in this paragraph. |
| 263 | (4) TAX CREDIT ELIGIBILITY; ELECTION AND DISTRIBUTION; |
| 264 | CARRYFORWARD; CONSOLIDATED RETURNS; PARTNERSHIP AND NONCORPORATE |
| 265 | DISTRIBUTIONS; MERGERS OR ACQUISITIONS.-- |
| 266 | (a) Tax credit authorization.--For fiscal years beginning |
| 267 | on or after July 1, 2009, and ending June 30, 2012, a qualified |
| 268 | production is eligible for a tax credit against taxes due under |
| 269 | chapter 220 or taxes collected or accrued under chapter 212. |
| 270 | (b) Total tax credit.--The total amount of tax credits |
| 271 | that may be awarded under this section is $75 million, allocated |
| 272 | $25 million each fiscal year the incentive remains in effect. If |
| 273 | the total amount of allocated credits applied for in any fiscal |
| 274 | year exceeds the aggregate amount of tax credits allowed for |
| 275 | such year under this section, such excess shall be treated as |
| 276 | having been applied for on the first day of the next fiscal year |
| 277 | in which credits are available. In any fiscal year, tax credits |
| 278 | that are not awarded or that are forfeited due to the withdrawal |
| 279 | of a certified production or to a production's actual qualified |
| 280 | expenditures being less than the certified amount shall be |
| 281 | available for award in subsequent fiscal years. |
| 282 | (c) Election and distribution of tax credits.--A certified |
| 283 | production company receiving a tax credit award under this |
| 284 | section shall, at the time the credit is awarded by the Office |
| 285 | of Tourism, Trade, and Economic Development after production is |
| 286 | completed and all requirements to receive a credit award have |
| 287 | been met, make an irrevocable election to apply the credit |
| 288 | against taxes due under chapter 220, against taxes collected or |
| 289 | accrued under chapter 212, or against a stated combination of |
| 290 | the two taxes. The election shall be binding upon any |
| 291 | distributee, successor, transferee, or purchaser. The Office of |
| 292 | Tourism, Trade, and Economic Development shall notify the |
| 293 | Department of Revenue of any election made pursuant to this |
| 294 | paragraph within 5 business days of such election. |
| 295 | (d) Tax credit carryforward.--If the certified production |
| 296 | company cannot use the entire tax credit in the taxable year or |
| 297 | reporting period in which the credit is awarded because of |
| 298 | insufficient tax liability on the part of the certified |
| 299 | production company, any excess amount may be carried forward to |
| 300 | a succeeding taxable year or reporting period. A tax credit |
| 301 | applied against taxes imposed under chapter 212 may be carried |
| 302 | forward for a maximum of 5 years following the date of award, |
| 303 | after which period the credit expires and may not be used. A tax |
| 304 | credit applied against taxes imposed under chapter 220 may be |
| 305 | carried forward for a maximum of 5 taxable years following the |
| 306 | qualified production company's taxable year in which the credit |
| 307 | was awarded, after which period the credit expires and may not |
| 308 | be used. |
| 309 | (e) Consolidated returns.--A certified production company |
| 310 | that files a Florida consolidated return as a member of an |
| 311 | affiliated group under s. 220.131(1) may be allowed the tax |
| 312 | credit on a consolidated return basis up to the amount of the |
| 313 | tax imposed upon the consolidated group under chapter 220. |
| 314 | (f) Partnership and noncorporate distributions.--A |
| 315 | qualified production company that is not a corporation as |
| 316 | defined in s. 220.03 may elect to distribute tax credits awarded |
| 317 | under this section to its partners or members in proportion to |
| 318 | their respective distributive income or loss in the taxable year |
| 319 | in which the tax credits were awarded. |
| 320 | (g) Mergers or acquisitions.--Tax credits available under |
| 321 | this section to a certified production company may succeed to a |
| 322 | surviving or acquiring entity subject to the same conditions and |
| 323 | limitations as described in this section; however, they may not |
| 324 | be transferred again by the surviving or acquiring entity. |
| 325 | (5) TRANSFER OF TAX CREDITS.-- |
| 326 | (a) Authorization.--Upon application to the Office of Film |
| 327 | and Entertainment and approval by the Office of Tourism, Trade, |
| 328 | and Economic Development, a certified production company, or a |
| 329 | partner or member that has received a distribution under |
| 330 | paragraph (4)(f), may elect to transfer, in whole or in part, |
| 331 | any unused tax credit amount granted under this section. An |
| 332 | election to transfer any unused tax credit amount under chapter |
| 333 | 212 or chapter 220 must be made no later than 5 years from the |
| 334 | date the credit was awarded, after which period the credit |
| 335 | expires and may not be used. The Office of Tourism, Trade, and |
| 336 | Economic Development shall notify the Department of Revenue of |
| 337 | the election and transfer within 5 business days of such |
| 338 | election and transfer. |
| 339 | (b) Number of transfers permitted.--A certified production |
| 340 | company that has elected to apply a credit amount against taxes |
| 341 | remitted under chapter 212 is permitted a one-time transfer of |
| 342 | unused credits to one transferee. A certified production company |
| 343 | that has elected to apply a credit amount against taxes due |
| 344 | under chapter 220 is permitted a one-time transfer of unused |
| 345 | credits to no more than four transferees, and such transfers |
| 346 | shall occur in the same taxable year. |
| 347 | (c) Minimum consideration.--The transfer or purchase of |
| 348 | any amount of the tax credit shall not be exchanged for less |
| 349 | than 75 percent of the credit's value. |
| 350 | (d) Transferee rights and limitations.--The transferee is |
| 351 | subject to the same rights and limitations as the certified |
| 352 | production company awarded the tax credit, except that the |
| 353 | transferee may not sell or otherwise transfer the tax credit. |
| 354 | (e) Written contractual notice.--No later than 3 business |
| 355 | days prior to the certified production company's election to |
| 356 | transfer its awarded tax credit, the Office of Film and |
| 357 | Entertainment shall receive written contractual notice, on a |
| 358 | form approved by the Office of Tourism, Trade, and Economic |
| 359 | Development and signed by both the certified production company |
| 360 | and the transferee, describing the terms of the transfer and the |
| 361 | intention of any purchaser to allocate payment for the film |
| 362 | education program under paragraph (f) at the time the transfer |
| 363 | is made. |
| 364 | (f) Film education fee.-- |
| 365 | 1. A purchaser of any transferred tax credit under this |
| 366 | subsection shall pay an amount equal to 5 percent of the total |
| 367 | amount paid for the tax credit into the Grants and Donations |
| 368 | Trust Fund within the Executive Office of the Governor for use |
| 369 | by the Office of Film and Entertainment within the Office of |
| 370 | Tourism, Trade, and Economic Development for film education |
| 371 | programs. The fees collected under this paragraph shall be |
| 372 | subject to specific appropriation by the Legislature. |
| 373 | a. Fifty percent of the fee collected under this paragraph |
| 374 | shall be made available to the Office of Film and Entertainment |
| 375 | for the purpose described in s. 288.1256. |
| 376 | b. Fifty percent of the fee collected under this paragraph |
| 377 | shall be transferred and provided to film and digital media |
| 378 | programs at Florida institutions of higher education approved by |
| 379 | the Office of Film and Entertainment to be applied as a grant |
| 380 | toward production costs for a student-made production. To be |
| 381 | eligible for this grant, a student-made production may not |
| 382 | contain obscene content as defined in s. 847.001(10). The |
| 383 | recipient of the transfer may choose the approved film or |
| 384 | digital media program to receive these funds. |
| 385 | 2. This paragraph shall not apply to the transfer of tax |
| 386 | credits to an affiliated company of the certified production. |
| 387 | (6)(4) PRIORITY FOR INCENTIVE FUNDING AND ALLOCATION OF |
| 388 | TAX CREDITS; WITHDRAWAL OF ELIGIBILITY; QUEUES.-- |
| 389 | (a) Priority for incentive funding and tax credit |
| 390 | awards.--The priority of a qualified production for incentive |
| 391 | funding or a tax credit award must be determined on a first- |
| 392 | come, first-served basis within its appropriate queue. Each |
| 393 | qualified production must be placed into the appropriate queue |
| 394 | and is subject to the requirements of that queue. |
| 395 | (b)(e) Withdrawal of eligibility Schedule.--Each qualified |
| 396 | production or certified production shall continue on a |
| 397 | reasonable schedule, which means beginning principal photography |
| 398 | in this state no more than 45 calendar days before or after the |
| 399 | date provided in the production's program program's application |
| 400 | under subsection (3). The Office of Tourism, Trade, and Economic |
| 401 | Development shall withdraw the eligibility of a qualified |
| 402 | production or a certified production for incentive funding or a |
| 403 | tax credit award if any such production does not continue on a |
| 404 | reasonable schedule. The office shall recertify the tax credits |
| 405 | to the next qualified or certified production or productions in |
| 406 | the respective queue that have not been certified for their full |
| 407 | maximum award and have not started principal photography before |
| 408 | the tax credits become available. |
| 409 | (c)(b) General production queue.--Eighty-five percent of |
| 410 | incentive funding appropriated or of all tax credits awarded |
| 411 | under this section in any state fiscal year must be dedicated to |
| 412 | the general production queue. A production certified under this |
| 413 | queue is eligible for a reimbursement or a tax credit award |
| 414 | equal to 15 percent of its actual qualified expenditures. Within |
| 415 | this queue: |
| 416 | 1. A qualified production, excluding commercials, music |
| 417 | videos, and digital media projects, which demonstrates a minimum |
| 418 | of $625,000 in qualified expenditures is eligible for up to a |
| 419 | maximum of $8 million in incentive funding or a tax credit |
| 420 | award. A qualified production spanning multiple state fiscal |
| 421 | years may combine qualified expenditures from such fiscal years |
| 422 | to satisfy the threshold. |
| 423 | 2. A qualified production company that produces national, |
| 424 | international, or regional commercials, or music videos may be |
| 425 | eligible for a maximum of $500,000 in incentive funding or a tax |
| 426 | credit award if it demonstrates a minimum of $100,000 in |
| 427 | qualified expenditures per national, international, or regional |
| 428 | commercial or music video and exceeds a combined threshold of |
| 429 | $500,000 after combining actual qualified expenditures from |
| 430 | qualified commercials and music videos during a single state |
| 431 | fiscal year. After a qualified production company that produces |
| 432 | commercials, music videos, or both reaches the threshold of |
| 433 | $500,000, it is eligible to apply for certification for |
| 434 | incentive funding or a tax credit award. |
| 435 | 3. An off-season certified production is eligible for an |
| 436 | additional 5-percent incentive funding or tax credit award on |
| 437 | actual qualified expenditures. An off-season certified |
| 438 | production that does not complete 75 percent of principal |
| 439 | photography due to disruption caused by a hurricane or tropical |
| 440 | storm may not be disqualified from eligibility for the |
| 441 | additional 5-percent incentive or tax credit award as a result |
| 442 | of the disruption. |
| 443 | 4. Each qualified production shall make a good faith |
| 444 | effort to use existing providers of infrastructure or equipment |
| 445 | in this state, including providers of camera gear, grip and |
| 446 | lighting equipment, vehicle providers, and postproduction |
| 447 | services when available in-state. |
| 448 | 5. A qualified high-impact television series shall be |
| 449 | allowed first position in this queue for incentive funding or |
| 450 | tax credits not yet certified. |
| 451 | (d)(c) Independent Florida filmmaker queue.--Five percent |
| 452 | of incentive funding appropriated or tax credits available under |
| 453 | this section in any state fiscal year must be dedicated to the |
| 454 | independent Florida filmmaker queue. A production certified |
| 455 | under this queue is eligible for a financial incentive or tax |
| 456 | credit award reimbursement equal to 15 percent of its actual |
| 457 | qualified expenditures. An independent Florida film that meets |
| 458 | the criteria of this queue and demonstrates a minimum of |
| 459 | $100,000, but not more than $625,000, in total qualified |
| 460 | expenditures is eligible for incentive funding or a tax credit |
| 461 | award. To qualify for this queue, a qualified production must: |
| 462 | 1. Be planned as a feature film or documentary of no less |
| 463 | than 70 minutes in length. |
| 464 | 2. Provide evidence of 50 percent of the financing for its |
| 465 | total budget in an escrow account or other form dedicated to the |
| 466 | production. |
| 467 | 3. Do all major postproduction in this state. |
| 468 | 4. Employ Florida workers in at least six of the following |
| 469 | key positions: writer, director, producer, director of |
| 470 | photography, star or one of the lead actors, unit production |
| 471 | manager, editor, or production designer. As used in this |
| 472 | subparagraph, the term "Florida worker" means a person who has |
| 473 | been a resident of this state for at least 1 year before a |
| 474 | production's application under subsection (3) was submitted or a |
| 475 | person who graduated from a film school, college, university, or |
| 476 | community college in this state no more than 5 years before such |
| 477 | submittal or who is enrolled full-time in such a school, |
| 478 | college, or university. |
| 479 | (e)(d) Digital media projects queue.--Ten percent of |
| 480 | incentive funding appropriated or tax credits available under |
| 481 | this section in any state fiscal year shall be dedicated to the |
| 482 | digital media projects queue. A production certified under this |
| 483 | queue is eligible for a financial incentive or tax credit award |
| 484 | reimbursement equal to 10 percent of its actual qualified |
| 485 | expenditures. A qualified production that is a digital media |
| 486 | project that demonstrates a minimum of $300,000 in total |
| 487 | qualified expenditures is eligible for a maximum of $1 million |
| 488 | in incentive funding or a tax credit award. As used in this |
| 489 | paragraph, the term "qualified expenditures" means the wages or |
| 490 | salaries paid to a resident of this state for working on a |
| 491 | single qualified digital media project, up to a maximum of |
| 492 | $200,000 in wages or salaries paid per resident. A qualified |
| 493 | production company producing digital media projects may not |
| 494 | qualify for more than three projects in any 1 fiscal year. |
| 495 | Projects that extend beyond a fiscal year must reapply each |
| 496 | fiscal year in order to be eligible for incentive funding or a |
| 497 | tax credit award for that year. |
| 498 | (f) Family-friendly productions.--A certified production |
| 499 | determined by the Commissioner of Film and Entertainment, with |
| 500 | the advice of the Florida Film and Entertainment Advisory |
| 501 | Council, to be family friendly based on the review of the script |
| 502 | and an interview with the director is eligible for an additional |
| 503 | financial incentive or tax credit award reimbursement equal to 2 |
| 504 | percent of its actual qualified expenditures. Family-friendly |
| 505 | productions are those that have cross-generational appeal; would |
| 506 | be considered suitable for viewing by children age 5 and older; |
| 507 | are appropriate in theme, content, and language for a broad |
| 508 | family audience; embody a responsible resolution of issues; and |
| 509 | do not exhibit any act of smoking, sex, nudity, or vulgar or |
| 510 | profane language. |
| 511 | (g) Productions in partnership with postsecondary |
| 512 | education programs.--A certified production determined by the |
| 513 | Commissioner of Film and Entertainment to have partnered with a |
| 514 | state public postsecondary film-and-entertainment-related |
| 515 | educational program in the production is eligible for an |
| 516 | additional financial incentive or tax credit of 10 percent of |
| 517 | its actual qualified expenditures. Productions in partnership |
| 518 | with such postsecondary educational programs are those that |
| 519 | provide opportunities for students through internships or in |
| 520 | other capacities that will assist students in their educational |
| 521 | responsibilities and in preparation for their future positions |
| 522 | in the film and entertainment industry upon graduation. |
| 523 | (7)(5) RULES, POLICIES, AND PROCEDURES.-- |
| 524 | (a) The Office of Tourism, Trade, and Economic Development |
| 525 | may adopt rules under ss. 120.536(1) and 120.54 and develop |
| 526 | policies and procedures to administer this section, including, |
| 527 | but not limited to, rules specifying requirements for the |
| 528 | application and approval process; records required for |
| 529 | substantiation for incentive funding and tax credit awards; |
| 530 | procedures for making the election in paragraph (4)(c); the |
| 531 | manner and form of documentation required to claim tax credits |
| 532 | awarded or transferred under this section; the determination of, |
| 533 | qualification for, and certification for tax credits; the |
| 534 | implementation of the Florida Graduate Film Investment Program |
| 535 | in s. 288.1256; and marketing requirements for tax credit |
| 536 | recipients. |
| 537 | (b) The Department of Revenue may adopt rules pursuant to |
| 538 | ss. 120.536(1) and 120.54 prescribing the forms and |
| 539 | documentation needed to substantiate a claim for the tax credit |
| 540 | and the specific procedures and guidelines for claiming the tax |
| 541 | credit awarded or transferred under this section. |
| 542 | (8) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX |
| 543 | CREDITS; FRAUDULENT CLAIMS.-- |
| 544 | (a) Audit authority.--The Department of Revenue may |
| 545 | conduct examinations and audits as provided in s. 213.34 to |
| 546 | verify that tax credits under this section have been received, |
| 547 | transferred, and applied according to the requirements of this |
| 548 | section. If the Department of Revenue determines that tax |
| 549 | credits have not been received, transferred, or applied as |
| 550 | required by this section, it may, in addition to the remedies |
| 551 | provided in this subsection, pursue recovery of such funds |
| 552 | pursuant to the laws and rules governing the assessment of |
| 553 | taxes. |
| 554 | (b) Revocation of tax credits.--The Office of Tourism, |
| 555 | Trade, and Economic Development may revoke or modify any written |
| 556 | decision qualifying, certifying, or otherwise granting |
| 557 | eligibility for tax credits under this section if it is |
| 558 | discovered that the tax credit applicant submitted any false |
| 559 | statement, representation, or certification in any application, |
| 560 | record, report, plan, or other document filed in an attempt to |
| 561 | receive tax credits under this section. The Office of Tourism, |
| 562 | Trade, and Economic Development shall immediately notify the |
| 563 | Department of Revenue of any revoked or modified orders |
| 564 | affecting previously certified tax credits. |
| 565 | (c) Forfeiture of tax credits.--A determination by the |
| 566 | Department of Revenue, as a result of an audit or examination by |
| 567 | the Department of Revenue or from information received from the |
| 568 | Office of Film and Entertainment, that an applicant received tax |
| 569 | credits pursuant to this section to which the applicant was not |
| 570 | entitled is grounds for forfeiture of previously claimed and |
| 571 | awarded tax credits. The applicant is responsible for |
| 572 | immediately returning forfeited tax credits to the Department of |
| 573 | Revenue, together with the appropriate interest and penalty, |
| 574 | computed from the date of receipt of such credits, and such |
| 575 | funds shall be paid into the General Revenue Fund of the state. |
| 576 | Tax credits purchased in good faith are not subject to |
| 577 | forfeiture unless the transferee submitted fraudulent |
| 578 | information in the purchase or failed to meet the requirements |
| 579 | in subsection (5). The Department of Revenue shall immediately |
| 580 | notify the Office of Tourism, Trade, and Economic Development of |
| 581 | the forfeiture of previously claimed and awarded tax credits. |
| 582 | (d)(7) Fraudulent claims FRAUD.--Any applicant that |
| 583 | submits information under this section that includes fraudulent |
| 584 | information is liable for reimbursement of the reasonable costs |
| 585 | and fees associated with the review, processing, investigation, |
| 586 | and prosecution of the fraudulent claim. An applicant that |
| 587 | obtains a financial an incentive payment or a tax credit amount |
| 588 | under this section through a claim that is fraudulent is liable |
| 589 | for reimbursement of the financial incentive payment or tax |
| 590 | credit amount plus a penalty in an amount double the financial |
| 591 | incentive payment or the tax credit amount claimed and |
| 592 | reimbursement of reasonable costs. The penalty is in addition to |
| 593 | any criminal penalty to which the applicant is liable for the |
| 594 | same acts. The applicant is also liable for costs and fees |
| 595 | incurred by the state in investigating and prosecuting the |
| 596 | fraudulent claim. |
| 597 | (9)(6) ANNUAL REPORT.--Each October 1, the Office of Film |
| 598 | and Entertainment shall provide an annual report for the |
| 599 | previous fiscal year to the Governor, the President of the |
| 600 | Senate, and the Speaker of the House of Representatives which |
| 601 | outlines the return on investment and economic benefits to the |
| 602 | state on funds expended pursuant to this section. |
| 603 | (10) TAX CREDIT EXPIRATION.--On July 1, 2012, tax credits |
| 604 | under this section may no longer be authorized, except that the |
| 605 | tax credit carryforward provided for in this section shall |
| 606 | continue to be valid for the period specified. |
| 607 | Section 2. Section 288.1256, Florida Statutes, is created |
| 608 | to read: |
| 609 | 288.1256 Florida Graduate Film Investment Program.-- |
| 610 | (1) The Office of Film and Entertainment shall create and |
| 611 | administer a program, using moneys deposited into the Grants and |
| 612 | Donations Trust Fund of the Executive Office of the Governor |
| 613 | pursuant to s. 288.1254(5)(f), to award either a grant or a loan |
| 614 | guarantee for films that are: |
| 615 | (a) Written, produced, and directed by Florida residents |
| 616 | who are graduates of an Office of Film and Entertainment |
| 617 | approved film program at a Florida institution of higher |
| 618 | education; and |
| 619 | (b) Determined by the Commissioner of Film and |
| 620 | Entertainment, with the advice of the Florida Film and |
| 621 | Entertainment Advisory Council, to be family-friendly based on |
| 622 | the review of the script and a personal interview with the |
| 623 | director. Family-friendly productions are those that have cross- |
| 624 | generational appeal; would be considered suitable for viewing by |
| 625 | children age 5 and older; are appropriate in theme, content, and |
| 626 | language for a broad family audience; embody a responsible |
| 627 | resolution of issues; and do not exhibit any act of smoking, |
| 628 | sex, nudity, or vulgar or profane language. |
| 629 | (2) Films that are deemed by the Office of Film and |
| 630 | Entertainment to contain obscene content as defined in s. |
| 631 | 847.001(10) are not eligible for this program. |
| 632 | Section 3. Paragraph (j) is added to subsection (5) of |
| 633 | section 288.1252, Florida Statutes, to read: |
| 634 | 288.1252 Florida Film and Entertainment Advisory Council; |
| 635 | creation; purpose; membership; powers and duties.-- |
| 636 | (5) POWERS AND DUTIES.--The Florida Film and Entertainment |
| 637 | Advisory Council shall have all the powers necessary or |
| 638 | convenient to carry out and effectuate the purposes and |
| 639 | provisions of this act, including, but not limited to, the power |
| 640 | to: |
| 641 | (j) Advise whether a film produced under s. 288.1256 meets |
| 642 | the criteria delineated in that section. |
| 643 | Section 4. Paragraph (a) of subsection (1) of section |
| 644 | 220.13, Florida Statutes, is amended to read: |
| 645 | 220.13 "Adjusted federal income" defined.-- |
| 646 | (1) The term "adjusted federal income" means an amount |
| 647 | equal to the taxpayer's taxable income as defined in subsection |
| 648 | (2), or such taxable income of more than one taxpayer as |
| 649 | provided in s. 220.131, for the taxable year, adjusted as |
| 650 | follows: |
| 651 | (a) Additions.--There shall be added to such taxable |
| 652 | income: |
| 653 | 1. The amount of any tax upon or measured by income, |
| 654 | excluding taxes based on gross receipts or revenues, paid or |
| 655 | accrued as a liability to the District of Columbia or any state |
| 656 | of the United States which is deductible from gross income in |
| 657 | the computation of taxable income for the taxable year. |
| 658 | 2. The amount of interest which is excluded from taxable |
| 659 | income under s. 103(a) of the Internal Revenue Code or any other |
| 660 | federal law, less the associated expenses disallowed in the |
| 661 | computation of taxable income under s. 265 of the Internal |
| 662 | Revenue Code or any other law, excluding 60 percent of any |
| 663 | amounts included in alternative minimum taxable income, as |
| 664 | defined in s. 55(b)(2) of the Internal Revenue Code, if the |
| 665 | taxpayer pays tax under s. 220.11(3). |
| 666 | 3. In the case of a regulated investment company or real |
| 667 | estate investment trust, an amount equal to the excess of the |
| 668 | net long-term capital gain for the taxable year over the amount |
| 669 | of the capital gain dividends attributable to the taxable year. |
| 670 | 4. That portion of the wages or salaries paid or incurred |
| 671 | for the taxable year which is equal to the amount of the credit |
| 672 | allowable for the taxable year under s. 220.181. This |
| 673 | subparagraph shall expire on the date specified in s. 290.016 |
| 674 | for the expiration of the Florida Enterprise Zone Act. |
| 675 | 5. That portion of the ad valorem school taxes paid or |
| 676 | incurred for the taxable year which is equal to the amount of |
| 677 | the credit allowable for the taxable year under s. 220.182. This |
| 678 | subparagraph shall expire on the date specified in s. 290.016 |
| 679 | for the expiration of the Florida Enterprise Zone Act. |
| 680 | 6. The amount of emergency excise tax paid or accrued as a |
| 681 | liability to this state under chapter 221 which tax is |
| 682 | deductible from gross income in the computation of taxable |
| 683 | income for the taxable year. |
| 684 | 7. That portion of assessments to fund a guaranty |
| 685 | association incurred for the taxable year which is equal to the |
| 686 | amount of the credit allowable for the taxable year. |
| 687 | 8. In the case of a nonprofit corporation which holds a |
| 688 | pari-mutuel permit and which is exempt from federal income tax |
| 689 | as a farmers' cooperative, an amount equal to the excess of the |
| 690 | gross income attributable to the pari-mutuel operations over the |
| 691 | attributable expenses for the taxable year. |
| 692 | 9. The amount taken as a credit for the taxable year under |
| 693 | s. 220.1895. |
| 694 | 10. Up to nine percent of the eligible basis of any |
| 695 | designated project which is equal to the credit allowable for |
| 696 | the taxable year under s. 220.185. |
| 697 | 11. The amount taken as a credit for the taxable year |
| 698 | under s. 220.187. |
| 699 | 12. The amount taken as a credit for the taxable year |
| 700 | under s. 220.192. |
| 701 | 13. The amount taken as a credit for the taxable year |
| 702 | under s. 220.193. |
| 703 | 14. Any amount in excess of $25,000 allowable as a |
| 704 | deduction for federal income tax purposes under s. 179 of the |
| 705 | Internal Revenue Code of 1986, as amended, for the taxable year. |
| 706 | 15. Any amount allowable as a deduction for federal income |
| 707 | tax purposes under s. 167 or s. 168 of the Internal Revenue Code |
| 708 | of 1986, as amended, for the taxable year to the extent that |
| 709 | such amount includes bonus depreciation allowable as deduction |
| 710 | under s. 168(k). |
| 711 | 16. The amount taken as a credit for the taxable year |
| 712 | under s. 288.1254. |
| 713 | Section 5. Subsection (8) of section 220.02, Florida |
| 714 | Statutes, is amended to read: |
| 715 | 220.02 Legislative intent.-- |
| 716 | (8) It is the intent of the Legislature that credits |
| 717 | against either the corporate income tax or the franchise tax be |
| 718 | applied in the following order: those enumerated in s. 631.828, |
| 719 | those enumerated in s. 220.191, those enumerated in s. 220.181, |
| 720 | those enumerated in s. 220.183, those enumerated in s. 220.182, |
| 721 | those enumerated in s. 220.1895, those enumerated in s. 221.02, |
| 722 | those enumerated in s. 220.184, those enumerated in s. 220.186, |
| 723 | those enumerated in s. 220.1845, those enumerated in s. 220.19, |
| 724 | those enumerated in s. 220.185, those enumerated in s. 220.187, |
| 725 | those enumerated in s. 220.192, and those enumerated in s. |
| 726 | 220.193, and those enumerated in s. 288.1254. The Department of |
| 727 | Revenue may adopt rules pursuant to ss. 120.536(1) and 120.54 |
| 728 | prescribing the forms and documentation needed to substantiate a |
| 729 | claim for the tax credit and the specific procedures and |
| 730 | guidelines for claiming the credit awarded or transferred under |
| 731 | s. 288.1254. |
| 732 | Section 6. Paragraph (z) is added to subsection (8) of |
| 733 | section 213.053, Florida Statutes, to read: |
| 734 | 213.053 Confidentiality and information sharing.-- |
| 735 | (8) Notwithstanding any other provision of this section, |
| 736 | the department may provide: |
| 737 | (z) Information relative to tax credits taken under s. |
| 738 | 288.1254 to the Office of Film and Entertainment and the Office |
| 739 | of Tourism, Trade, and Economic Development. |
| 740 |
|
| 741 | Disclosure of information under this subsection shall be |
| 742 | pursuant to a written agreement between the executive director |
| 743 | and the agency. Such agencies, governmental or nongovernmental, |
| 744 | shall be bound by the same requirements of confidentiality as |
| 745 | the Department of Revenue. Breach of confidentiality is a |
| 746 | misdemeanor of the first degree, punishable as provided by s. |
| 747 | 775.082 or s. 775.083. |
| 748 | Section 7. Paragraph (q) is added to subsection (5) of |
| 749 | section 212.08, Florida Statutes, to read: |
| 750 | 212.08 Sales, rental, use, consumption, distribution, and |
| 751 | storage tax; specified exemptions.--The sale at retail, the |
| 752 | rental, the use, the consumption, the distribution, and the |
| 753 | storage to be used or consumed in this state of the following |
| 754 | are hereby specifically exempt from the tax imposed by this |
| 755 | chapter. |
| 756 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
| 757 | (q) Entertainment industry tax credit; requirement for |
| 758 | electronic funds transfer.-- |
| 759 | 1. For the fiscal years beginning July 1, 2009, and ending |
| 760 | June 30, 2012, a qualified production, as defined in s. |
| 761 | 288.1254(1)(j), is eligible for tax credits against its state |
| 762 | sales and use tax liabilities as provided in s. 288.1254. |
| 763 | 2. The credit shall be deducted from any sales and use tax |
| 764 | remitted by the dealer to the department by electronic funds |
| 765 | transfer and can only be deducted on a sales and use tax return |
| 766 | initiated through electronic data interchange. The dealer shall |
| 767 | separately state the credit on the electronic return. The net |
| 768 | amount of tax due and payable must be remitted by electronic |
| 769 | funds transfer. If the credit for the qualified expenditures is |
| 770 | larger than the amount owed on the sales and use tax return, the |
| 771 | amount of the credit may be carried forward to a succeeding |
| 772 | reporting period. A dealer may only obtain a credit using the |
| 773 | method described in this subparagraph. A dealer is not |
| 774 | authorized to obtain a credit by applying for a refund. |
| 775 | 3. The department may adopt rules pursuant to ss. |
| 776 | 120.536(1) and 120.54 to implement and administer this |
| 777 | paragraph, including rules prescribing the forms and |
| 778 | documentation needed to substantiate a claim for the tax credit |
| 779 | and the specific procedures and guidelines for claiming the |
| 780 | credit awarded or transferred under this paragraph. |
| 781 | Section 8. If any provision of this act or the application |
| 782 | thereof to any person or circumstance is held invalid, the |
| 783 | invalidity shall not affect other provisions or applications of |
| 784 | the act which can be given effect without the invalid provision |
| 785 | or application, and to this end the provisions of this act are |
| 786 | declared severable. |
| 787 | Section 9. This act shall take effect July 1, 2009. |