| 1 | A bill to be entitled |
| 2 | An act relating to entertainment industry economic |
| 3 | development; amending s. 288.1254, F.S.; revising the |
| 4 | entertainment industry financial incentive program to |
| 5 | provide corporate income tax and sales and use tax credits |
| 6 | to qualified entertainment entities rather than |
| 7 | reimbursements from appropriations; revising provisions |
| 8 | relating to definitions, creation and scope, application |
| 9 | procedures, approval process, eligibility, required |
| 10 | documents, qualified and certified productions, and annual |
| 11 | reports; providing duties and responsibilities of the |
| 12 | Office of Film and Entertainment, the Office of Tourism, |
| 13 | Trade, and Economic Development, and the Department of |
| 14 | Revenue relating to the tax credits; providing criteria |
| 15 | and limitations for awards of tax credits; providing for |
| 16 | uses, allocations, election, distributions, and |
| 17 | carryforward of the tax credits; providing for withdrawal |
| 18 | of tax credit eligibility; providing for use of |
| 19 | consolidated returns; providing for partnership and |
| 20 | noncorporate distributions of tax credits; providing for |
| 21 | succession of tax credits; providing requirements for |
| 22 | transfer of tax credits; authorizing the Office of |
| 23 | Tourism, Trade, and Economic Development to adopt rules, |
| 24 | policies, and procedures; authorizing the Department of |
| 25 | Revenue to adopt rules and conduct audits; providing for |
| 26 | revocation and forfeiture of tax credits; providing |
| 27 | liability for reimbursement of certain costs and fees |
| 28 | associated with a fraudulent claim; requiring an annual |
| 29 | report to the Governor and the Legislature; providing for |
| 30 | future repeal; amending s. 220.02, F.S.; including tax |
| 31 | credits enumerated in s. 288.1254, F.S., in the order of |
| 32 | application of credits against certain taxes; amending s. |
| 33 | 213.053, F.S.; authorizing the Department of Revenue to |
| 34 | provide tax credit information to the Office of Film and |
| 35 | Entertainment and the Office of Tourism, Trade, and |
| 36 | Economic Development; amending s. 212.08, F.S.; limiting |
| 37 | application of the entertainment industry tax credits; |
| 38 | requiring electronic funds transfer for the tax credits; |
| 39 | providing procedures; providing severability; providing an |
| 40 | effective date. |
| 41 |
|
| 42 | Be It Enacted by the Legislature of the State of Florida: |
| 43 |
|
| 44 | Section 1. Section 288.1254, Florida Statutes, is amended |
| 45 | to read: |
| 46 | (Substantial rewording of section. See |
| 47 | s. 288.1254, F.S., for present text.) |
| 48 | 288.1254 Entertainment industry financial incentive |
| 49 | program.- |
| 50 | (1) DEFINITIONS.-As used in this section, the term: |
| 51 | (a) "Certified production" means a qualified production |
| 52 | that has tax credits allocated to it by the Office of Tourism, |
| 53 | Trade, and Economic Development based on the production's |
| 54 | estimated qualified expenditures, up to the production's maximum |
| 55 | certified amount of tax credits, by the Office of Tourism, |
| 56 | Trade, and Economic Development. The term does not include a |
| 57 | production if its first day of principal photography or project |
| 58 | start date in this state occurs before the production is |
| 59 | certified by the Office of Tourism, Trade, and Economic |
| 60 | Development, unless the production spans more than one fiscal |
| 61 | year, was a certified production on its first day of principal |
| 62 | photography or project start date in this state, and submits an |
| 63 | application for continuing the same production for the |
| 64 | subsequent fiscal year. |
| 65 | (b) "Digital media project" means a production of |
| 66 | interactive entertainment that is produced for distribution in |
| 67 | commercial or educational markets. The term includes a video |
| 68 | game or production intended for Internet or wireless |
| 69 | distribution. The term does not include a production deemed by |
| 70 | the Office of Film and Entertainment to contain obscene content |
| 71 | as defined in s. 847.001(10). |
| 72 | (c) "High-impact television series" means a production |
| 73 | created to run multiple production seasons and having an |
| 74 | estimated order of at least seven episodes per season and |
| 75 | qualified expenditures of at least $625,000 per episode. |
| 76 | (d) "Off-season certified production" means a feature |
| 77 | film, independent film, or television series or pilot which |
| 78 | films 75 percent or more of its principal photography days from |
| 79 | June 1 through November 30. |
| 80 | (e) "Principal photography" means the filming of major or |
| 81 | significant components of the qualified production which involve |
| 82 | lead actors. |
| 83 | (f) "Production" means a theatrical or direct-to-video |
| 84 | motion picture; a made-for-television motion picture; visual |
| 85 | effects or digital animation sequences produced in conjunction |
| 86 | with a motion picture; a commercial; a music video; an |
| 87 | industrial or educational film; an infomercial; a documentary |
| 88 | film; a television pilot program; a presentation for a |
| 89 | television pilot program; a television series, including, but |
| 90 | not limited to, a drama, a reality show, a comedy, a soap opera, |
| 91 | a telenovela, a game show, an awards show, or a miniseries |
| 92 | production; or a digital media project by the entertainment |
| 93 | industry. One season of a television series is considered one |
| 94 | production. The term does not include a weather or market |
| 95 | program; a sporting event; a sports show; a gala; a production |
| 96 | that solicits funds; a home shopping program; a political |
| 97 | program; a political documentary; political advertising; a |
| 98 | gambling-related project or production; a concert production; or |
| 99 | a local, regional, or Internet-distributed-only news show, |
| 100 | current-events show, pornographic production, or current-affairs |
| 101 | show. A production may be produced on or by film, tape, or |
| 102 | otherwise by means of a motion picture camera; electronic camera |
| 103 | or device; tape device; computer; any combination of the |
| 104 | foregoing; or any other means, method, or device now used or |
| 105 | later adopted. |
| 106 | (g) "Production expenditures" means the costs of tangible |
| 107 | and intangible property used for, and services performed |
| 108 | primarily and customarily in, production, including |
| 109 | preproduction and postproduction, but excluding costs for |
| 110 | development, marketing, and distribution. The term includes, but |
| 111 | is not limited to: |
| 112 | 1. Wages, salaries, or other compensation paid to legal |
| 113 | residents of this state, including amounts paid through payroll |
| 114 | service companies, for technical and production crews, |
| 115 | directors, producers, and performers. |
| 116 | 2. Expenditures for sound stages, backlots, production |
| 117 | editing, digital effects, sound recordings, sets, and set |
| 118 | construction. |
| 119 | 3. Expenditures for rental equipment, including, but not |
| 120 | limited to, cameras and grip or electrical equipment. |
| 121 | 4. Up to $300,000 of the costs of newly purchased computer |
| 122 | software and hardware unique to the project, including servers, |
| 123 | data processing, and visualization technologies, which are |
| 124 | located in and used exclusively in the state for the production |
| 125 | of digital media. |
| 126 | 5. Expenditures for meals, travel, and accommodations. |
| 127 | (h) "Qualified expenditures" means production expenditures |
| 128 | incurred in this state by a qualified production for: |
| 129 | 1. Goods purchased or leased from, or services, including, |
| 130 | but not limited to, insurance costs and bonding, payroll |
| 131 | services, and legal fees, which are provided by, a vendor or |
| 132 | supplier in this state that is registered with the Department of |
| 133 | State or the Department of Revenue and has a physical location |
| 134 | in this state at which one or more legal Florida residents are |
| 135 | employed. |
| 136 | 2. Payments to legal residents of this state in the form |
| 137 | of salary, wages, or other compensation up to a maximum of |
| 138 | $650,000 per resident unless otherwise specified in subsection |
| 139 | (4). |
| 140 |
|
| 141 | For a qualified production involving an event, such as an awards |
| 142 | show, the term does not include expenditures solely associated |
| 143 | with the event itself and not directly required by the |
| 144 | production. The term does not include expenditures incurred |
| 145 | before certification, with the exception of those incurred for a |
| 146 | commercial, a music video, or the pickup of additional episodes |
| 147 | of a high-impact television series within a single season. |
| 148 | (i) "Qualified production" means a production in this |
| 149 | state meeting the requirements of this section. The term does |
| 150 | not include a production: |
| 151 | 1. In which, for the first 2 years of the incentive |
| 152 | program, less than 50 percent, and thereafter, less than 60 |
| 153 | percent, of the positions that make up its production cast and |
| 154 | below-the-line production crew, or, in the case of digital media |
| 155 | projects, less than 75 percent of such positions, are filled by |
| 156 | legal residents of this state, whose residency is demonstrated |
| 157 | by a valid Florida driver's license or other state-issued |
| 158 | identification confirming residency, or students enrolled full- |
| 159 | time in a film-and-entertainment-related course of study at an |
| 160 | institution of higher education in this state; or |
| 161 | 2. That is deemed by the Office of Film and Entertainment |
| 162 | to contain obscene content as defined in s. 847.001(10). |
| 163 | (j) "Qualified production company" means a corporation, |
| 164 | limited liability company, partnership, or other legal entity |
| 165 | engaged in one or more productions in this state. |
| 166 | (2) CREATION AND PURPOSE OF PROGRAM.-The entertainment |
| 167 | industry financial incentive program is created within the |
| 168 | Office of Film and Entertainment. The purpose of this program is |
| 169 | to encourage the use of this state as a site for filming, for |
| 170 | the digital production of films, and to develop and sustain the |
| 171 | workforce and infrastructure for film, digital media, and |
| 172 | entertainment production. |
| 173 | (3) APPLICATION PROCEDURE; APPROVAL PROCESS.- |
| 174 | (a) Program application.-A qualified production company |
| 175 | producing a qualified production in this state may submit a |
| 176 | program application to the Office of Film and Entertainment for |
| 177 | the purpose of determining qualification for an award of tax |
| 178 | credits authorized by this section no earlier than 180 days |
| 179 | before the first date that production expenditures are incurred |
| 180 | in this state. The applicant shall provide the Office of Film |
| 181 | and Entertainment with information required to determine whether |
| 182 | the production is a qualified production and to determine the |
| 183 | qualified expenditures and other information necessary for the |
| 184 | office to determine eligibility for the tax credit. |
| 185 | (b) Required documentation.-The Office of Film and |
| 186 | Entertainment shall develop an application form for qualifying |
| 187 | an applicant as a qualified production. The form must include, |
| 188 | but need not be limited to, production-related information |
| 189 | concerning employment of residents in this state, a detailed |
| 190 | budget of planned qualified expenditures, and the applicant's |
| 191 | signed affirmation that the information on the form has been |
| 192 | verified and is correct. The Office of Film and Entertainment |
| 193 | and local film commissions shall distribute the form. |
| 194 | (c) Application process.-The Office of Film and |
| 195 | Entertainment shall establish a process by which an application |
| 196 | is accepted and reviewed and by which tax credit eligibility and |
| 197 | award amount are determined. The Office of Film and |
| 198 | Entertainment may request assistance from a duly appointed local |
| 199 | film commission in determining compliance with this section. |
| 200 | (d) Certification.-The Office of Film and Entertainment |
| 201 | shall review the application within 15 business days after |
| 202 | receipt. Upon its determination that the application contains |
| 203 | all the information required by this subsection and meets the |
| 204 | criteria set out in this section, the Office of Film and |
| 205 | Entertainment shall qualify the applicant and recommend to the |
| 206 | Office of Tourism, Trade, and Economic Development that the |
| 207 | applicant be certified for the maximum tax credit award amount. |
| 208 | Within 5 business days after receipt of the recommendation, the |
| 209 | Office of Tourism, Trade, and Economic Development shall reject |
| 210 | the recommendation or certify the maximum recommended tax credit |
| 211 | award, if any, to the applicant and to the executive director of |
| 212 | the Department of Revenue. |
| 213 | (e) Grounds for denial.-The Office of Film and |
| 214 | Entertainment shall deny an application if it determines that |
| 215 | the application is not complete or the production or application |
| 216 | does not meet the requirements of this section. |
| 217 | (f) Verification of actual qualified expenditures.- |
| 218 | 1. The Office of Film and Entertainment shall develop a |
| 219 | process to verify the actual qualified expenditures of a |
| 220 | certified production. The process must require: |
| 221 | a. A certified production to submit, in a timely manner |
| 222 | after production ends in this state and after making all of its |
| 223 | qualified expenditures in this state, data substantiating each |
| 224 | qualified expenditure to an independent certified public |
| 225 | accountant licensed in this state; |
| 226 | b. Such accountant to conduct a compliance audit, at the |
| 227 | certified production's expense, to substantiate each qualified |
| 228 | expenditure and submit the results as a report, along with the |
| 229 | required substantiating data, to the Office of Film and |
| 230 | Entertainment; and |
| 231 | c. The Office of Film and Entertainment to review the |
| 232 | accountant's submittal and report to the Office of Tourism, |
| 233 | Trade, and Economic Development the final verified amount of |
| 234 | actual qualified expenditures made by the certified production. |
| 235 | 2. The Office of Tourism, Trade, and Economic Development |
| 236 | shall determine and approve the final tax credit award amount to |
| 237 | each certified applicant based on the final verified amount of |
| 238 | actual qualified expenditures and shall notify the executive |
| 239 | director of the Department of Revenue in writing that the |
| 240 | certified production has met the requirements of the incentive |
| 241 | program and of the final amount of the tax credit award. The |
| 242 | final tax credit award amount may not exceed the maximum tax |
| 243 | credit award amount certified under paragraph (d). |
| 244 | (g) Promoting Florida.-The Office of Film and |
| 245 | Entertainment shall ensure that, as a condition of receiving a |
| 246 | tax credit under this section, marketing materials promoting |
| 247 | this state as a tourist destination or film and entertainment |
| 248 | production destination are included, when appropriate, at no |
| 249 | cost to the state, which must, at a minimum, include placement |
| 250 | of a "Filmed in Florida" or "Produced in Florida" logo in the |
| 251 | end credits. The placement of a "Filmed in Florida" or "Produced |
| 252 | in Florida" logo on all packaging material and hard media is |
| 253 | also required, unless such placement is prohibited by licensing |
| 254 | or other contractual obligations. The size and placement of such |
| 255 | logo shall be commensurate to other logos used. If no logos are |
| 256 | used, the statement "Filmed in Florida using Florida's |
| 257 | Entertainment Industry Financial Incentive," or a similar |
| 258 | statement approved by the Office of Film and Entertainment, |
| 259 | shall be used. The Office of Film and Entertainment shall |
| 260 | provide a logo and supply it for the purposes specified in this |
| 261 | paragraph. A 30-second "Visit Florida" promotional video must |
| 262 | also be included on all optical disc formats of a film, unless |
| 263 | such placement is prohibited by licensing or other contractual |
| 264 | obligations. The 30-second promotional video shall be approved |
| 265 | and provided by the Florida Tourism Industry Marketing |
| 266 | Corporation in consultation with the Commissioner of Film and |
| 267 | Entertainment. |
| 268 | (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES; |
| 269 | ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS; |
| 270 | PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND |
| 271 | ACQUISITIONS.- |
| 272 | (a) Priority for tax credit award.-The priority of a |
| 273 | qualified production for tax credit awards must be determined on |
| 274 | a first-come, first-served basis within its appropriate queue. |
| 275 | Each qualified production must be placed into the appropriate |
| 276 | queue and is subject to the requirements of that queue. |
| 277 | (b) Tax credit eligibility.- |
| 278 | 1. General production queue.-Ninety-four percent of tax |
| 279 | credits authorized in any state fiscal year must be dedicated to |
| 280 | the general production queue. The general production queue |
| 281 | consists of all qualified productions other than those eligible |
| 282 | for the commercial and music video queue or the independent and |
| 283 | emerging media production queue. A qualified production that |
| 284 | demonstrates a minimum of $625,000 in qualified expenditures is |
| 285 | eligible for tax credits equal to 20 percent of its actual |
| 286 | qualified expenditures, up to a maximum of $8 million. A |
| 287 | qualified production that incurs qualified expenditures during |
| 288 | multiple state fiscal years may combine those expenditures to |
| 289 | satisfy the $625,000 minimum threshold. |
| 290 | a. An off-season certified production that is a feature |
| 291 | film, independent film, or television series or pilot is |
| 292 | eligible for an additional 5-percent tax credit on actual |
| 293 | qualified expenditures. An off-season certified production that |
| 294 | does not complete 75 percent of principal photography due to a |
| 295 | disruption caused by a hurricane or tropical storm may not be |
| 296 | disqualified from eligibility for the additional 5-percent |
| 297 | credit as a result of the disruption. |
| 298 | b. A qualified high-impact television series shall be |
| 299 | allowed first position in this queue for tax credit awards not |
| 300 | yet certified. |
| 301 | 2. Commercial and music video queue.-Three percent of tax |
| 302 | credits authorized in any state fiscal year must be dedicated to |
| 303 | the commercial and music video queue. A qualified production |
| 304 | company that produces national or regional commercials or music |
| 305 | videos may be eligible for a tax credit award if it demonstrates |
| 306 | a minimum of $100,000 in qualified expenditures per national or |
| 307 | regional commercial or music video and exceeds a combined |
| 308 | threshold of $500,000 after combining actual qualified |
| 309 | expenditures from qualified commercials and music videos during |
| 310 | a single state fiscal year. After a qualified production company |
| 311 | that produces commercials, music videos, or both reaches the |
| 312 | threshold of $500,000, it is eligible to apply for certification |
| 313 | for a tax credit award. The maximum credit award shall be equal |
| 314 | to 20 percent of its actual qualified expenditures up to a |
| 315 | maximum of $500,000. If there is a surplus at the end of a |
| 316 | fiscal year after the Office of Film and Entertainment certifies |
| 317 | and determines the tax credits for all qualified commercial and |
| 318 | video projects, such surplus tax credits shall be carried |
| 319 | forward to the following fiscal year and be available to any |
| 320 | eligible qualified productions under the general production |
| 321 | queue. |
| 322 | 3. Independent and emerging media production queue.-Three |
| 323 | percent of tax credits authorized in any state fiscal year must |
| 324 | be dedicated to the independent and emerging media production |
| 325 | queue. This queue is intended to encourage Florida independent |
| 326 | film and emerging media production as described in paragraph |
| 327 | (1)(f). Any qualified production, excluding commercials, |
| 328 | infomercials, or music videos, that demonstrates at least |
| 329 | $100,000, but not more than $625,000, in total qualified |
| 330 | expenditures is eligible for tax credits equal to 20 percent of |
| 331 | its actual qualified expenditures. If a surplus exists at the |
| 332 | end of a fiscal year after the Office of Film and Entertainment |
| 333 | certifies and determines the tax credits for all qualified |
| 334 | independent and emerging media production projects, such surplus |
| 335 | tax credits shall be carried forward to the following fiscal |
| 336 | year and be available to any eligible qualified productions |
| 337 | under the general production queue. |
| 338 | 4. Family-friendly productions.-A certified theatrical or |
| 339 | direct-to-video motion picture production or video game |
| 340 | determined by the Commissioner of Film and Entertainment, with |
| 341 | the advice of the Florida Film and Entertainment Advisory |
| 342 | Council, to be family-friendly, based on the review of the |
| 343 | script and the review of the final release version, is eligible |
| 344 | for an additional tax credit equal to 5 percent of its actual |
| 345 | qualified expenditures. Family-friendly productions are those |
| 346 | that have cross-generational appeal; would be considered |
| 347 | suitable for viewing by children age 5 or older; do not contain |
| 348 | any theme, language, nudity, sex, violence, or other matter that |
| 349 | would offend the parent of a 5-year-old child that views the |
| 350 | motion picture or game; are appropriate in theme, content, and |
| 351 | language for a broad family audience; embody a responsible |
| 352 | resolution of issues; and do not exhibit or imply any act of |
| 353 | smoking, sex, nudity, gratuitous violence, or vulgar or profane |
| 354 | language. |
| 355 | (c) Withdrawal of tax credit eligibility.-A qualified or |
| 356 | certified production must continue on a reasonable schedule, |
| 357 | which includes beginning principal photography or the production |
| 358 | project in this state no more than 45 calendar days before or |
| 359 | after the principal photography or project start date provided |
| 360 | in the production's program application. The Office of Tourism, |
| 361 | Trade, and Economic Development shall withdraw the eligibility |
| 362 | of a qualified or certified production that does not continue on |
| 363 | a reasonable schedule. |
| 364 | (d) Election and distribution of tax credits.- |
| 365 | 1. A certified production company receiving a tax credit |
| 366 | award under this section shall, at the time the credit is |
| 367 | awarded by the Office of Tourism, Trade, and Economic |
| 368 | Development after production is completed and all requirements |
| 369 | to receive a credit award have been met, make an irrevocable |
| 370 | election to apply the credit against taxes due under chapter |
| 371 | 220, against taxes collected or accrued under chapter 212, or |
| 372 | against a stated combination of the two taxes, except that the |
| 373 | credit authorized under this section may not be applied against |
| 374 | discretionary sales surtaxes authorized under s. 212.055. The |
| 375 | election is binding upon any distributee, successor, transferee, |
| 376 | or purchaser. The Office of Tourism, Trade, and Economic |
| 377 | Development shall notify the Department of Revenue of any |
| 378 | election made pursuant to this paragraph. |
| 379 | 2. For the fiscal years beginning July 1, 2010, and ending |
| 380 | June 30, 2015, a qualified production company is eligible for |
| 381 | tax credits against its sales and use tax liabilities and |
| 382 | corporate income tax liabilities as provided in this section. |
| 383 | However, tax credits awarded under this section may not be |
| 384 | claimed against sales and use tax liabilities or corporate |
| 385 | income tax liabilities for any tax period beginning before July |
| 386 | 1, 2011, regardless of when the credits are applied for or |
| 387 | awarded. |
| 388 | (e) Tax credit carryforward.-If the certified production |
| 389 | company cannot use the entire tax credit in the taxable year or |
| 390 | reporting period in which the credit is awarded, any excess |
| 391 | amount may be carried forward to a succeeding taxable year or |
| 392 | reporting period. A tax credit applied against taxes imposed |
| 393 | under chapter 212 may be carried forward for a maximum of 5 |
| 394 | years after the date the credit is awarded. A tax credit applied |
| 395 | against taxes imposed under chapter 220 may be carried forward |
| 396 | for a maximum of 5 years after the date the credit is awarded, |
| 397 | after which the credit expires and may not be used. |
| 398 | (f) Consolidated returns.-A certified production company |
| 399 | that files a Florida consolidated return as a member of an |
| 400 | affiliated group under s. 220.131(1) may be allowed the credit |
| 401 | on a consolidated return basis up to the amount of the tax |
| 402 | imposed upon the consolidated group under chapter 220. |
| 403 | (g) Partnership and noncorporate distributions.-A |
| 404 | qualified production company that is not a corporation as |
| 405 | defined in s. 220.03 may elect to distribute tax credits awarded |
| 406 | under this section to its partners or members in proportion to |
| 407 | their respective distributive income or loss in the taxable |
| 408 | fiscal year in which the tax credits were awarded. |
| 409 | (h) Mergers or acquisitions.-Tax credits available under |
| 410 | this section to a certified production company may succeed to a |
| 411 | surviving or acquiring entity subject to the same conditions and |
| 412 | limitations as described in this section; however, they may not |
| 413 | be transferred again by the surviving or acquiring entity. |
| 414 | (5) TRANSFER OF TAX CREDITS.- |
| 415 | (a) Authorization.-Upon application to the Office of Film |
| 416 | and Entertainment and approval by the Office of Tourism, Trade, |
| 417 | and Economic Development, a certified production company, or a |
| 418 | partner or member that has received a distribution under |
| 419 | paragraph (4)(g), may elect to transfer, in whole or in part, |
| 420 | any unused credit amount granted under this section. An election |
| 421 | to transfer any unused tax credit amount under chapter 212 or |
| 422 | chapter 220 must be made no later than 5 years after the date |
| 423 | the credit is awarded, after which period the credit expires and |
| 424 | may not be used. The Office of Tourism, Trade, and Economic |
| 425 | Development shall notify the Department of Revenue of the |
| 426 | election and transfer. |
| 427 | (b) Number of transfers permitted.-A certified production |
| 428 | company that elects to apply a credit amount against taxes |
| 429 | remitted under chapter 212 is permitted a one-time transfer of |
| 430 | unused credits to one transferee. A certified production company |
| 431 | that elects to apply a credit amount against taxes due under |
| 432 | chapter 220 is permitted a one-time transfer of unused credits |
| 433 | to no more than four transferees, and such transfers must occur |
| 434 | in the same taxable year. |
| 435 | (c) Transferee rights and limitations.-The transferee is |
| 436 | subject to the same rights and limitations as the certified |
| 437 | production company awarded the tax credit, except that the |
| 438 | transferee may not sell or otherwise transfer the tax credit. |
| 439 | (d) Rulemaking.-The Department of Revenue may adopt rules |
| 440 | to administer this subsection, as provided in subsection (7). |
| 441 | (6) ANNUAL ALLOCATION OF TAX CREDITS.- |
| 442 | (a) The aggregate amount of the tax credits that may be |
| 443 | certified pursuant to paragraph (3)(d) may not exceed: |
| 444 | 1. For fiscal year 2010-2011, $55 million. |
| 445 | 2. For fiscal year 2011-2012, $50 million. |
| 446 | 3. For fiscal years 2012-2013, 2013-2014, and 2014-2015, |
| 447 | $27 million per fiscal year. |
| 448 | (b) Any portion of the maximum amount of tax credits |
| 449 | established per fiscal year in paragraph (a) that is not |
| 450 | certified as of the end of a fiscal year shall be carried |
| 451 | forward and made available for certification during the |
| 452 | following two fiscal years in addition to the amounts available |
| 453 | for certification under paragraph (a) for those fiscal years. |
| 454 | (c) Upon approval of the final tax credit award amount |
| 455 | pursuant to subparagraph (3)(f)2., an amount equal to the |
| 456 | difference between the maximum tax credit award amount |
| 457 | previously certified under paragraph (3)(d) and the approved |
| 458 | final tax credit award amount shall immediately be available for |
| 459 | recertification during the current and following fiscal years in |
| 460 | addition to the amounts available for certification under |
| 461 | paragraph (a) for those fiscal years. |
| 462 | (d) Notwithstanding paragraph (a), if, during a fiscal |
| 463 | year, the total amount of credits applied for, pursuant to |
| 464 | paragraph (3)(a), exceeds the amount of credits available for |
| 465 | certification in that fiscal year, such excess shall be treated |
| 466 | as having been applied for on the first day of the next fiscal |
| 467 | year in which credits remain available for certification. |
| 468 | (7) RULES, POLICIES, AND PROCEDURES.- |
| 469 | (a) The Office of Tourism, Trade, and Economic Development |
| 470 | may adopt rules pursuant to ss. 120.536(1) and 120.54 and |
| 471 | develop policies and procedures to implement and administer this |
| 472 | section, including, but not limited to, rules specifying |
| 473 | requirements for the application and approval process, records |
| 474 | required for substantiation for tax credits, procedures for |
| 475 | making the election in paragraph (4)(d), the manner and form of |
| 476 | documentation required to claim tax credits awarded or |
| 477 | transferred under this section, and marketing requirements for |
| 478 | tax credit recipients. |
| 479 | (b) The Department of Revenue may adopt rules pursuant to |
| 480 | ss. 120.536(1) and 120.54 to administer this section, including |
| 481 | rules governing the examination and audit procedures required to |
| 482 | administer this section and the manner and form of documentation |
| 483 | required to claim tax credits awarded or transferred under this |
| 484 | section. |
| 485 | (8) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX |
| 486 | CREDITS; FRAUDULENT CLAIMS.- |
| 487 | (a) Audit authority.-The Department of Revenue may conduct |
| 488 | examinations and audits as provided in s. 213.34 to verify that |
| 489 | tax credits under this section are received, transferred, and |
| 490 | applied according to the requirements of this section. If the |
| 491 | Department of Revenue determines that tax credits are not |
| 492 | received, transferred, or applied as required by this section, |
| 493 | it may, in addition to the remedies provided in this subsection, |
| 494 | pursue recovery of such funds pursuant to the laws and rules |
| 495 | governing the assessment of taxes. |
| 496 | (b) Revocation of tax credits.-The Office of Tourism, |
| 497 | Trade, and Economic Development may revoke or modify any written |
| 498 | decision qualifying, certifying, or otherwise granting |
| 499 | eligibility for tax credits under this section if it is |
| 500 | discovered that the tax credit applicant submitted any false |
| 501 | statement, representation, or certification in any application, |
| 502 | record, report, plan, or other document filed in an attempt to |
| 503 | receive tax credits under this section. The Office of Tourism, |
| 504 | Trade, and Economic Development shall immediately notify the |
| 505 | Department of Revenue of any revoked or modified orders |
| 506 | affecting previously granted tax credits. Additionally, the |
| 507 | applicant must notify the Department of Revenue of any change in |
| 508 | its tax credit claimed. |
| 509 | (c) Forfeiture of tax credits.-A determination by the |
| 510 | Department of Revenue, as a result of an audit pursuant to |
| 511 | paragraph (a) or from information received from the Office of |
| 512 | Film and Entertainment, that an applicant received tax credits |
| 513 | pursuant to this section to which the applicant was not entitled |
| 514 | is grounds for forfeiture of previously claimed and received tax |
| 515 | credits. The applicant is responsible for returning forfeited |
| 516 | tax credits to the Department of Revenue, and such funds shall |
| 517 | be paid into the General Revenue Fund of the state. Tax credits |
| 518 | purchased in good faith are not subject to forfeiture unless the |
| 519 | transferee submitted fraudulent information in the purchase or |
| 520 | failed to meet the requirements in subsection (5). |
| 521 | (d) Fraudulent claims.-Any applicant that submits |
| 522 | fraudulent information under this section is liable for |
| 523 | reimbursement of the reasonable costs and fees associated with |
| 524 | the review, processing, investigation, and prosecution of the |
| 525 | fraudulent claim. An applicant that obtains a credit payment |
| 526 | under this section through a claim that is fraudulent is liable |
| 527 | for reimbursement of the credit amount plus a penalty in an |
| 528 | amount double the credit amount. The penalty is in addition to |
| 529 | any criminal penalty to which the applicant is liable for the |
| 530 | same acts. The applicant is also liable for costs and fees |
| 531 | incurred by the state in investigating and prosecuting the |
| 532 | fraudulent claim. |
| 533 | (9) ANNUAL REPORT.-Each October 1, the Office of Film and |
| 534 | Entertainment shall provide an annual report for the previous |
| 535 | fiscal year to the Governor, the President of the Senate, and |
| 536 | the Speaker of the House of Representatives which outlines the |
| 537 | return on investment and economic benefits to the state. |
| 538 | (10) REPEAL.-This section is repealed July 1, 2015, except |
| 539 | that the tax credit carryforward provided in this section shall |
| 540 | continue to be valid for the period specified. |
| 541 | Section 2. Subsection (8) of section 220.02, Florida |
| 542 | Statutes, is amended to read: |
| 543 | 220.02 Legislative intent.- |
| 544 | (8) It is the intent of the Legislature that credits |
| 545 | against either the corporate income tax or the franchise tax be |
| 546 | applied in the following order: those enumerated in s. 631.828, |
| 547 | those enumerated in s. 220.191, those enumerated in s. 220.181, |
| 548 | those enumerated in s. 220.183, those enumerated in s. 220.182, |
| 549 | those enumerated in s. 220.1895, those enumerated in s. 221.02, |
| 550 | those enumerated in s. 220.184, those enumerated in s. 220.186, |
| 551 | those enumerated in s. 220.1845, those enumerated in s. 220.19, |
| 552 | those enumerated in s. 220.185, those enumerated in s. 220.187, |
| 553 | those enumerated in s. 220.192, those enumerated in s. 220.193, |
| 554 | and those enumerated in s. 288.9916, and those enumerated in s. |
| 555 | 288.1254. |
| 556 | Section 3. Paragraph (z) is added to subsection (8) of |
| 557 | section 213.053, Florida Statutes, to read: |
| 558 | 213.053 Confidentiality and information sharing.- |
| 559 | (8) Notwithstanding any other provision of this section, |
| 560 | the department may provide: |
| 561 | (z) Information relative to tax credits taken under s. |
| 562 | 288.1254 to the Office of Film and Entertainment and the Office |
| 563 | of Tourism, Trade, and Economic Development. |
| 564 |
|
| 565 | Disclosure of information under this subsection shall be |
| 566 | pursuant to a written agreement between the executive director |
| 567 | and the agency. Such agencies, governmental or nongovernmental, |
| 568 | shall be bound by the same requirements of confidentiality as |
| 569 | the Department of Revenue. Breach of confidentiality is a |
| 570 | misdemeanor of the first degree, punishable as provided by s. |
| 571 | 775.082 or s. 775.083. |
| 572 | Section 4. Paragraph (q) is added to subsection (5) of |
| 573 | section 212.08, Florida Statutes, to read: |
| 574 | 212.08 Sales, rental, use, consumption, distribution, and |
| 575 | storage tax; specified exemptions.-The sale at retail, the |
| 576 | rental, the use, the consumption, the distribution, and the |
| 577 | storage to be used or consumed in this state of the following |
| 578 | are hereby specifically exempt from the tax imposed by this |
| 579 | chapter. |
| 580 | (5) EXEMPTIONS; ACCOUNT OF USE.- |
| 581 | (q) Entertainment industry tax credit; authorization; |
| 582 | eligibility for credits.-The credit shall be deducted from any |
| 583 | sales and use tax remitted by the dealer to the department by |
| 584 | electronic funds transfer and may only be deducted on a sales |
| 585 | and use tax return initiated through electronic data |
| 586 | interchange. The dealer shall separately state the credit on the |
| 587 | electronic return. The net amount of tax due and payable must be |
| 588 | remitted by electronic funds transfer. If the credit for the |
| 589 | qualified expenditures is larger than the amount owed on the |
| 590 | sales and use tax return that is eligible for the credit, the |
| 591 | unused amount of the credit may be carried forward to a |
| 592 | succeeding reporting period as provided in s. 288.1254(4)(e). A |
| 593 | dealer may only obtain a credit using the method described in |
| 594 | this subparagraph. A dealer is not authorized to obtain a credit |
| 595 | by applying for a refund. |
| 596 | Section 5. If any provision of this act or the application |
| 597 | thereof to any person or circumstance is held invalid, the |
| 598 | invalidity shall not affect other provisions or applications of |
| 599 | the act which can be given effect without the invalid provision |
| 600 | or application, and to this end the provisions of this act are |
| 601 | declared severable. |
| 602 | Section 6. This act shall take effect July 1, 2010. |