C7G-Urge Legislature Enhance Fla Film-Entertainment Industry Financial IncentivCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Urging The Governor And Legislature Of The State Of Florida To Enhance The Florida
Film & Entertainment lndust Financial Incentive Pro ram With Additional Tax Credits.
Key Intended Outcome Supported:
Maximize Miami Beach as a destination brand.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
On July 1, 2010, the State of Florida's first major Film and Entertainment Industry Tax Credit was
implemented, ushering in a whirlwind of new film and television productions to the state, principally in
the Southeast region. Miami Beach alone has seen a 172% increase in production dollars spent
annually from before the incentive to recent years, when we hosted productions like "Burn Notice,"
"Magic City," "Pain and Gain," "Iron Man 3," and several locally produced telenovellas from Miami-
based Telemundo and Venevision. Film permits in Miami Beach have reached new records in annual
permits issued (1, 123), dollars spent ($127.7 Million) and room nights (nearly 29,000) in Miami Beach
in the past two years. The $296M of allocated tax credits has brought in $1.5 Billion in new Florida
production spending, including $930 Million in wages for over 190,000 Florida production jobs. A
recent study prepared by the Motion Picture Association of America (MPPA) in conjunction with Visit
Florida for the Florida Department of Economic Opportunity (DEO) showed 19.5% of all visitors and
22.7% of leisure visitors to Florida stated viewing a movie or television series filmed in Florida was
wither "extremely important" or "very important" in their decision to travel to Florida and, further, the
incentive provides a return on investment of no less than $5.6 and potentially up to $20.50 for every
$1 of incentive tax credit issued.
The allocated credits have now fully been used or allocated and no further credits were added in the
2013 Legislative session, putting our future in entertainment production in serious jeopardy. The
City's Tourism, Culture, and Economic Development Department's Film Office, serving in leadership
of Film Florida, the statewide entertainment industry trade association, has worked since the end of
last year's session to educate the Legislature on the need for enhanced and reliable funding to
compete with states like Georgia, Louisiana and New York. Last week, Representative Manny Diaz of
Hialeah filed HB983, proposing strong and reliable long term funding for the program. A Senate
companion bill, sponsored by Senator Nance Detert is forthcoming.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking: I Max Sklar
MIAMI BEACH
Account
207
Approved
AGENDA ITEM ---=--C-=7_G-__
DATE S-$"""-f({
tr:a MIAMI BEACH ...._.....
City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me
FROM: Jimmy L Morales, City Manager
DATE: March 5, 2014
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE GOVERNOR AND LEGISLATURE OF
THE STATE OF FLORIDA TO ENHANCE THE FLORIDA FILM &
ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM WITH
ADDITIONAL TAX CREDITS.
BACKGROUND
On July 1, 2010, the State of Florida's first major Film and Entertainment Industry Tax Credit
was implemented, ushering in a whirlwind of new film and television productions to the state,
principally in the Southeast region. Miami Beach alone has seen a 172% increase in production
dollars spent annually from before the incentive to recent years, when we hosted productions
like "Burn Notice," "Magic City," "Pain and Gain," "Iron Man 3," and several locally produced
telenovellas from Miami~based Telemundo and Venevision. Film permits in Miami Beach have
reached new records in annual permits issued (1,123), dollars spent ($127.7 Million) and room
nights (nearly 29,000) in Miami Beach in the past two years. The $296M of allocated tax credits
has brought in $1.5 Billion in new Florida production spending, including $930 Million in wages
for over 190,000 Florida production jobs. A recent study prepared by the Motion Picture
Association of America (MPPA) in conjunction with Visit Florida for the Florida Department of
Economic Opportunity (DEO) showed 19.5% of all visitors and 22.7% of leisure visitors to
Florida stated viewing a movie or television series filmed in Florida was wither "extremely
important" or "very important" in their decision to travel to Florida and, further, the incentive
provides a return on investment of no less than $5.6 and potentially up to $20.50 for every $1 of
incentive tax credit issued.
The allocated credits have now fully been used or allocated and no further credits were added in
the 2013 Legislative session, putting our future in entertainment production in serious jeopardy.
The City's Tourism, Culture, and Economic Development Department's Film Office, serving in
leadership of Film Florida, the statewide entertainment industry trade association, has worked
since the end of last year's session to educate the Legislature on the need for enhanced and
reliable funding to compete with states like Georgia, Louisiana and New York. Last week,
Representative Manny Diaz of Hialeah filed HB983, proposing strong and reliable long term
funding for the program. A Senate companion bill, sponsored by Senator Nance Detert is
forthcoming.
RECCOMENDATION
The administration recommends approval of the resolution.
Attac~nts: House Bill 983
JLM/K~/MAS/GW
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RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, URGING THE GOVERNOR AND
LEGISLATURE OF THE STATE OF FLORIDA TO ENHANCE THE
FLORIDA FILM & ENTERTAINMENT INDUSTRY FINANCIAL
INCENTIVE PROGRAM WITH ADDITIONAL TAX CREDITS.
WHEREAS, the Florida film and entertainment industries have long been coveted around the
world and the City of Miami Beach has been fortunate to host, cultivate, and support this industry for
the past six decades, going back to Frank Sinatra, Jackie Gleason, and Miami Vice; and
WHEREAS, the unmitigated success of the Florida Film & Entertainment Industry Financial
Incentive Program, passed in 2010, has led to Miami Beach having a second consecutive record year
in 2013 in terms of film permits issued ( 1123) and dollars spent on permitted productions Uust under
$128 Million), as well as accounting for over 14,600 room nights in Miami Beach alone, including
television projects such as "Burn Notice," "Magic City," and many reality and telenovela productions;
and
WHEREAS, these projects, and those before them, have showcased Miami Beach to the
world and continue to do so in perpetuity, enhancing Miami Beach's brand worldwide and serving as a
diversifier and engine of tourism, the City's primary economy; and
WHEREAS, the current tax credits within the Florida Film & Entertainment Industry Financial
Incentive Program haven been exhausted and/or are committed to productions here and throughout
the State of Florida, however many more film and television productions desire to produce here, but
are in need of continued and reliable incentive funding to offset locating or relocating in competing
states and locations, including Georgia and Louisiana, as well as New York and Puerto Rico.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby urge the
Governor and the Legislature of the State of Florida to add additional and sufficient tax credits to the
Florida Film & Entertainment Industry Financial Incentive Program so that the State of Florida and the
City of Miami Beach may retain and enhance their positions as key entertainment industry production
centers.
PASSED and ADOPTED this 5 day of March 2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
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FLORIDA H 0 U S E 0 F REPRESENTATIVES
HB 983 2014
1 A bill to be entitled
2 An act relating to the entertainment industry
3 financial incentive program; amending s. 288.1254,
4 F.S.; revising definitions; revising the purpose of
5 the program; revising the application requirements and
6 approval procedure for certain tax credits; requiring
7 certified productions to notify the Office of Film and
8 Entertainment of changes to certain production
9 circumstances; requiring the office to deem certain
10 tax credit awards denied and applications withdrawn;
11 authorizing the office to approve adjusted tax credit
12 awards under certain circumstances; providing that a
13 certified production is not entitled to a tax credit
14 award unless the certified production's actual
15 qualified expenditures have been verified by the
16 office and approved by the Department of Economic
17 Opportunity; specifying the period in which a
18 certified production must submit qualifying
19 expenditure data to the office; revising the criteria
20 for determining priority for tax credit awards;
21 revising tax credit eligibility criteria; providing a
22 tax credit for certain qualified productions that
23 complete certain promotional activities; authorizing
24 credit allocations for specified fiscal years;
25 revising program repeal provisions; providing an
26 effective date.
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27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsections (1), (2), and (3), paragraphs (a)
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31 and (b) of subsection (4), paragraphs (a) and (c) of subsection
32 (7), and subsection (11) of section 288.1254, Florida Statutes,
33 are amended to read:
34 288.1254 Entertainment industry financial incentive
35 program.-
36 (1) DEFINITIONS.-As used in this section, the term:
37 (a) "Certified production" means a qualified production
38 that has tax credits allocated to it by the department based on
39 the production's estimated qualified expenditures, up to the
40 production's maximum certified amount of tax credits, by the
41 department. The term does not include a production if its first
42 day of principal photography or project start date in this state
43 occurs before the production is certified by the department,
44 unless the production spans ffiore than 1 fiscal year, was a
45 certified production on its first day of principal photography
46 or project start date in this state, and subffiits an application
47 for continuing the Saffie production for the subsequent fiscal
48 year.
4 9 (b) "Digital media project" means a production of
50 interactive entertainment that is produced for distribution in
51 commercial or educational markets. The term includes a video
52 game or production intended for Internet or wireless
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53 distribution, an interactive website, digital animation, and
54 visual effects, including, but not limited to, three-dimensional
55 movie productions and movie conversions. The term does not
56 include a production that contains content that is obscene as
57 defined ins. 847.001.
58 (c) "High-impact digital media project" means a digital
59 media project that has qualified expenditures greater than $4.5
60 million.
61 (d) "High-impact television series" means a production
62 created to run multiple production seasons and having an
63 estimated order of at least seven episodes per season and
64 qualified expenditures of at least $625,000 per episode. The
65 term also includes a multiple-episode television production that
66 meets the following requirements:
67 1. The production has qualified expenditures greater than
68 $4.5 million.
69 2. The production has at least 45 principal photography
70 days in this state.
71 3. At least 90 percent of the cast and crew employed by
72 the production are residents of this state.
73 4. At least 90 percent of the entire production is
7 4 produced in this state.
75 (e) "Off-season certified production" means a feature
76 film, independent film, or television series or pilot that
77 completes at least 98 total production days or at least films 75
78 percent or more of its principal photography days from June 1
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through November 30.
(f) "Principal photography" means the filming of major or
significant components of the qualified production which involve
lead actors.
(g) "Production" means a theatricalL e-r direct-to-videoL
or direct-to-Internet motion picture; a made-for-television
motion picture; visual effects or digital animation sequences
produced in conjunction with a motion picture; a commercial; a
music video; an industrial or educational film; an infomercial;
a documentary film; a television pilot program; a presentation
for a television pilot program; a television series, including,
but not limited to, a drama, a reality show, a comedy, a soap
opera, a telenovela, a game show, an awards show, or a
miniseries production; or a digital media project by the
entertainment industry. One season of a television series is
considered one production. The term does not include a weather
or market program; a sporting event or a sporting event
broadcast; a gala; a production that solicits funds; a home
shopping program; a political program; a political documentary;
political advertising; a gambling-related project or production;
a concert production; a local, regional, or Internet-
distributed-only news show or current-events show; a sports news
or sports recap show; a pornographic production; or any
production deemed obscene under chapter 847. A production may be
produced on or by film, tape, or otherwise by means of a motion
picture camera; electronic camera or device; tape device;
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105 computer; any combination of the foregoing; or any other means,
106 method, or device.·
107 (h) "Production expenditures" means the costs of tangible
108 and intangible property used for, and services performed
109 primarily and customarily in, production, including
110 preproduction and postproduction, but excluding costs for
111 development, marketing, and distribution. The term includes, but
112 is not limited to:
113 1. Wages, salaries, or other compensation paid to legal
114 residents of this state, including amounts paid through payroll
115 service companies, for technical and production crews,
116 directors, producers, and performers.
117 2. Net expenditures for sound stages, backlots, production
118 editing, digital effects, sound recordings, sets, and set
119 construction.
120 3. Net expenditures for rental equipment, including, but
121 not limited to, cameras and grip or electrical equipment.
122 4. Up to $300,000 of the costs of newly purchased computer
123 software and hardware unique to the project, including servers,
124 data processing, and visualization technologies, which are
125 located in and used exclusively in the state for the production
126 of digital media.
127 5. Expenditures for meals, travel, and accommodations. For
128 purposes of this paragraph, the term "net expenditures" means
129 the actual amount of money a qualified production spent for
130 equipment or other tangible personal property, after subtracting
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131 any consideration received for reselling or transferring the
132 item after the qualified production ends, if applicable.
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133 (i) "Qualified expenditures" means production expenditures
134 incurred in this state by a qualified production for:
135 1. Goods purchased or leased from, or services, including,
136 but not limited to, insurance costs and bonding, payroll
137 services, and legal fees, which are provided by, a vendor or
138 supplier in this state that is registered with the Department of
139 State or the Department of Revenue, has a physical location in
140 this state, and employs one or more legal residents of this
141 state. This does not include rebilled goods or services provided
142 by an in-state company from out-of-state vendors or suppliers.
143 When services provided by the vendor or supplier include
144 personal services or labor, only personal services or labor
145 provided by residents of this state, evidenced by the required
146 documentation of residency in this state, qualify.
147 2. Payments to legal residents of this state in the form
148 of salary, wages, or other compensation up to a maximum of
149 $400,000 per resident unless otherwise specified in subsection
150 (4). A completed declaration of residency in this state must
151 accompany the documentation submitted to the office for
152 reimbursement.
153
154 For a qualified production involving an event, such as an awards
155 show, the term does not include expenditures solely associated
156 with the event itself and not directly required by the
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157 production. The term does not include expenditures incurred
158 before certification, with the exception of those incurred for a
159 commercial, a music video, or the pickup of additional episodes
160 of a high-impact television series within a single season. Under
161 no circumstances may the qualified production include in the
162 calculation for qualified expenditures the original purchase
163 price for equipment or other tangible property that is later
164 sold or transferred by the qualified production for
165 consideration. In such cases, the qualified expenditure is the
166 net of the original purchase price minus the consideration
167 received upon sale or transfer.
168 (j) "Qualified production" means a production in this
169 state meeting the requirements of this section. The term does
170 not include a production:
171 1. In which, for the first 2 years of the incentive
172 prograffi, less than 50 percent, and thereafter, less than 2Q ~
173 percent, of the positions that make up its production cast and
174 below-the-line production crew, or, in the case of digital media
175 projects, less than 80 ~percent of such positions, are filled
176 by legal residents of this state, whose residency is
177 demonstrated by a valid Florida driver driver's license or other
178 state-issued identification confirming residency, or students
179 enrolled full-time in a film-and-entertainment-related course of
180 study at an institution of higher education in this state; or
181 2. That contains obscene content as defined in s.
182 847.001(10).
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183 (k) "Qualified production company" means a corporation,
184 limited liability company, partnership, or other legal entity
185 engaged in one or more productions in this state.
2014
186 ( l) "Qualified digital media production facility" means a
187 building or series of buildings and their improvements in which
188 data processing, visualization, and sound synchronization
189 technologies are regularly applied for the production of
190 qualified digital media projects or the digital animation
191 components of qualified productions.
192 (m) "Qualified production facility" means a building or
193 complex of buildings and their improvements and associated
194 backlot facilities in which regular filming activity for film or
195 television has occurred for a period of no less than 1 year and
196 which contain at least one sound stage of at least 7,800 square
197 feet.
198 (n) "Regional population ratio" Hteans the ratio of the
199 population of a region to the population of this state. The
200 regional population ratio applicable to a given fiscal year is
201 the regional population ratio calculated by the Office of Film
202 and Entertainment using the latest official estimates of
203 population certified under s. 186.901, available on the first
204 day of that fiscal year.
205 (e) "Regional tax credit ratio" means a ratio the
206 nuHterator of '•vhich is the suHt of ta}{ credits mvarded to
207 productions in a region to date plus the tax credits certified,
208 but not yet awarded, to productions currently in that region and
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2 0 9 the denominator of ~i'hich is the sum of all tax credits awarded
210 in the state to date plus all tax credits certified, but not yet
211 a~;arded, to productions currently in the state. The regional tan
212 credit ratio applicable to a given year is the regional taJc
213 credit ratio calculated by the Office of Film and 8ntertainment
214 using credit avwrd and certification information available on
215 the first day of that fiscal year.
216 J....Ql-f-F+ "Underused county Underutilized region" for a given
217 state fiscal year means a county in this state other than Miami-
218 Dade, Broward, and Orange Counties region with a regional tax
219 credit ratio applicable to that fiscal year that is lower than
220 its regional population ratio applicable to that fiscal year.
221 The follO\Jing regions are established for purposes of making
222 this determination:
223 1. North Region, consisting of Alachua, Baker, Bay,
224 Bradford, Calhoun, Clay, Columbia, Dinie, Duval, 8scaFftbia,
225 Franklin, Gadsden, Gilchrist, Gulf, HaFftilton, Holmes, Jackson,
226 Jefferson, Lafayette, Leon, Levy, Liberty, Hadison, Nassau,
227 Okaloosa, Putnam, Santa Rosa, St. Johns, SmJannee, Taylor,
228 Union, Wakulla, Walton, and Washington Counties.
229 2. Central 8ast Region, consisting of Brevard, Flagler,
230 Indian River, Lake, Okeechobee, Orange, Osceola, Seminole, St.
231 Lucie, and Volusia Counties.
232 3. Central West Region, consisting of Citrus, Hernando,
233 Hillsborough, Banatee, Harion, Polk, Pasco, Pinellas, Sarasota,
234 and Sumter Counties.
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235 4. SouthHest Region, oonoioting of Charlotte, Collier,
236 DeSoto, Clades, Hardee, Hendry, Highlands, and Lee Counties.
237 5. Southeast Region, consisting of Bro.,.ard, Hartin, HiaFFti
238 Dade, Honroe, and PalFFt Beaeh Counties.
239 J..Ql_~ "Interactive website" means a website or group of
240 websites that includes interactive and downloadable content7 and
241 creates 25 new Florida full-time equivalent positions operating
242 from a principal place of business located within Florida. An
243 interactive website or group of websites must provide
244 documentation that those jobs were created to the Office of Film
245 and Entertainment before prior to the award of tax credits. Each
246 subsequent program application must provide proof that 25
247 Florida full-time equivalent positions are maintained.
248 (2) CREATION AND PURPOSE OF PROGRAM.-The entertainment
249 industry financial incentive program is created within the
250 Office of Film and Entertainment. The purpose of this program is
251 to encourage the use of this state as a site for entertainment
252 production and filFFting, for the digital production of films 7 and
253 to develop and sustain the workforce and infrastructure for
254 film, digital media, and entertainment production.
255
256
(3) APPLICATION PROCEDURE; APPROVAL PROCESS.-
(a) Program application.-A qualified production company
257 producing a qualified production in this state may submit a
258 program application to the Office of Film and Entertainment for
259 the purpose of determining qualification for an award of tax
260 credits authorized by this section no earlier than 150 ~ days
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261 before the first day of principal photography or project start
262 date in this state. The applicant shall provide the Office of
263 Film and Entertainment with information required to determine
264 whether the production is a qualified production and to
265 determine the qualified expenditures and other information
266 necessary for the office to determine eligibility for the tax
267 credit.
268 (b) Required documentation.-The Office of Film and
269 Entertainment shall develop an application form for qualifying
270 an applicant as a qualified production. The form must include,
271 but need not be limited to, production-related information
272 concerning employment of residents in this state, a detailed
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273 budget of planned qualified expenditures, a budget of planned
274 nonqualified expenditures to be incurred in this state, proof of
275 financing for the production, and the applicant's signed
276 affirmation that the information on the form has been verified
277 and is correct. The Office of Film and Entertainment and local
278 film commissions shall distribute the form.
279 (c) Application process.-The Office of Film and
280 Entertainment shall establish a process by which an application
281 is accepted and reviewed and by which tax credit eligibility and
282 award amount are determined. The Office of Film and
283 Entertainment may request assistance from a duly appointed local
284 film commission in determining compliance with this section. A
285 certified high-impact television series may submit an initial
286 application for no more than two successive seasons,
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287 notwithstanding the fact that the successive seasons have not
288 been ordered. The successive season's qualified expenditure
289 amounts shall be based on the current season's estimated
290 qualified expenditures. Upon the completion of production of
291 each season, a high-impact television series may submit an
292 application for no more than one additional season.
2014
293 1. If, during a fiscal year, the total amount of credits
294 applied for exceeds the amount of credits available for
295 certification in that fiscal year, applications will be assigned
296 queue numbers on a first-come, first-served basis, determined by
297 the date and time the applications were received by the Office
298 of Film and Entertainment, and shall be placed on a wait list.
299 On July 1 of each year, all applications remaining on the wait
300 list shall be void, except for applications submitted in the
301 previous fiscal year by high-impact television series and high-
302 impact digital media projects, which shall be carried forward
303 into the new fiscal year. The Office of Film and Entertainment
304 and the department may, at their discretion, close the
305 application process for a current fiscal year's tax credit
306 allocation when the cumulative amount of credits applied for,
307 but not certified, exceeds 125 percent of the total amount of
308 credits authorized in the current fiscal year.
309 2. Notwithstanding any provision to the contrary, the
310 Office of Film and Entertainment shall accept, on a rolling
311 basis, applications from qualified production companies for
312 high-impact television series created to run for multiple
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313 seasons and high-impact digital media projects created to be
314 produced for multiple generations. The Office of Film and
315 Entertainment shall accept an application for any season or
316 generation and, simultaneously, for one successive season of a
317 high-impact television series created to run multiple seasons or
318 one successive generation of a high-impact digital media project
319 created to be produced for multiple generations. Thereafter, the
320 Office of Film and Entertainment shall accept an application for
321 each additional season or generation up to 1 year in advance of
322 the first day of principal photography or the project start date
323 in this state regardless of whether the additional season or
324 generation has been ordered. The qualified expenditure amounts
325 for a successive season or generation shall be based on the
326 estimated qualified expenditures of the current season or
327 generation.
328 (d) Certification.-The Office of Film and Entertainment
329 shall review the application within 15 business days after
330 receipt. Upon its determination that the application contains
331 all the information required by this subsection and meets the
332 criteria set out in this section, the Office of Film and
333 Entertainment shall qualify the applicant and recommend to the
334 department that the applicant be certified for the maximum tax
335 credit award amount. Within 5 business days after receipt of the
336 recommendation, the department shall reject the recommendation
337 or certify the maximum recommended tax credit award, if any, to
338 the applicant and to the executive director of the Department of
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3 3 9 Revenue.
340 1. If tax credits are no longer available for
341 certification in any fiscal year during which the Office of Film
342 and Entertainment receives an application that meets the
343 requirements of this section for a season of a high-impact
344 television series created to run multiple seasons or a
345 generation of a high-impact digital media project created to be
346 produced for multiple generations, simultaneous with a
347 successive season or generation, the Office of Film and
348 Entertainment shall recommend the project and the department
349 shall certify the project using tax credits from the next fiscal
350 year in which tax credits are allocated and available to be
351 certified. For each additional season of a high-impact
352 television series created to run multiple seasons or each
353 additional generation of a high-impact digital media project
354 created to be produced for multiple generations, the Office of
355 Film and Entertainment shall recommend the project and the
356 department shall certify the project using tax credits from the
357 fiscal year in which the first day of principal photography or
358 the project start date in this state occurs; however, if tax
359 credits are not available in such fiscal year, the department
360 shall certify the project using tax credits from the next fiscal
361 year in which tax credits are allocated and available to be
362 certified. The department shall certify such productions
363 regardless of whether the first day of principal photography or
364 the project start date in this state occurs before the fiscal
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365 year from which the tax credits are allocated.
366 2. Once a production has received a letter of
367 certification and signified that the project will be produced in
368 Florida, the production must provide information to be posted on
369 the department's website that includes, but is not limited to,
370 the type of production, the project start date of the
371 production, and the county or counties in which the project
372 plans to base its production. The production must also provide
373 an email address to be posted on the department's website for
374 the purpose of receiving resumes and business information from
375 prospective cast, crew, vendors, contractors, and other
376 interested persons.
377 (e) Grounds for denial.-The Office of Film and
378 Entertainment shall deny an application if it determines that
379 the application is not complete or the production or application
380 does not meet the requirements of this section. Within 90 days
381 after submitting a program application, eHccpt ·.vith respect to
382 applications in the independent and emerging media queue, a
383 production must provide proof of project financing to the Office
384 of Film and Entertainment, otherwise the project is deemed
385 denied and ·,,rithdravm. A project that has been denied Hithdrar,m
386 may submit a new application upon providing the Office of Film
387 and Entertainment proof that the project meets the requirements
388 of this section of financing.
389
390
(f) Change in circumstances of certified production.-
1. A certified production must notify the Office of Film
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391 and Entertainment within 5 days after any break in production,
392 loss of financing, change in production schedule, or any other
393 change in circumstances affecting the timely completion of the
394 certified production.
395 2. The Office of Film and Entertainment may deem the
2014
396 certification for tax credits for any certified production that
397 is required to notify the office under subparagraph 1. for any
398 reason except loss of financing denied and may consider the
399 certified production's original application withdrawn, subject
400 to adjustments for partial production completion as provided in
401 subparagraph 4.
402 3. The Office of Film and Entertainment must deem the
403 certification for tax credits for any certified production that
404 is required to notify the office under subparagraph 1. for loss
405 of financing denied and must consider the certified production's
406 original application withdrawn, subject to adjustments for
407 partial production completion as provided in subparagraph 4. A
408 certified production that loses financing may submit proof of
409 replacement financing within 10 days after the denial of a tax
410 credit certification under this subparagraph. The Office of Film
411 and Entertainment may verify the replacement financing and
412 reinstate the original certification for tax credits.
413 4. A certified production that has a certification for tax
414 credits denied pursuant to subparagraph 2. or subparagraph 3.
415 may submit any actual qualified expenditures incurred before any
416 such denial to the Office of Film and Entertainment for
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417 verification as provided under paragraph (g). If the Office of
418 Film and Entertainment determines that the production meets the
419 minimum requirements of this section, the office may verify the
420 actual qualified expenditures and approve an adjusted tax credit
421 award.
422 lgl~ Verification of actual qualified expenditures.-~
423 certified production is not entitled to a final tax credit award
424 under this section unless the certified production•s actual
425 qualified expenditures are verified by the Office of Film and
426 Entertainment and approved by the department.
427 1. The Office of Film and Entertainment shall develop a
428 process to verify the actual qualified expenditures of a
429 certified production. The process must require:
430 a. A certified production to submit, within 180 days ±fl-tt
431 tiffiely manner after production ends in this state and after
432 making all of its qualified expenditures in this state, data
433 substantiating each qualified expenditure, including
434 documentation on the net expenditure on equipment and other
435 tangible personal property by the qualified production, to an
436 independent certified public accountant licensed in this state;
437 b. Such accountant to conduct a compliance audit, at the
438 certified production•s expense, to substantiate each qualified
439 expenditure and submit the results as a report, along with the
440 required substantiating data, to the Office of Film and
441 Entertainment; and
442 c. The Office of Film and Entertainment to review the
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443 accountant's submittal and report to the department the final
444 verified amount of actual qualified expenditures made by the
445 certified production.
446 2. The department shall determine and approve the final
2014
447 tax credit award amount to each certified applicant based on the
448 final verified amount of actual qualified expenditures and shall
449 notify the executive director of the Department of Revenue in
450 writing that the certified production has met the requirements
451 of the incentive program and of the final amount of the tax
452 credit award. The final tax credit award amount may not exceed
453 the maximum tax credit award amount certified under paragraph
454 (d).
455 Jbl~ Promoting Florida.-The Office of Film and
456 Entertainment shall ensure that, as a condition of receiving a
457 tax credit under this section, marketing materials promoting
458 this state as a tourist destination or film and entertainment
459 production destination are included, when appropriate, at no
460 cost to the state, which must, at a minimum, include placement
461 of a "Filmed in Florida" or "Produced in Florida" logo in the
4 62 end credits. The placement of a "Filmed in Florida" or "Produced
4 63 in Florida" logo on all packaging material and hard media is
464 also required, unless such placement is prohibited by licensing
465 or other contractual obligations. The size and placement of such
466 logo shall be commensurate to other logos used. If no logos are
467 used, the statement "Filmed in Florida using Florida's
468 Entertainment Industry Financial Incentive," or a similar
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469 statement approved by the Office of Film and Entertainment,
470 shall be used. The Office of Film and Entertainment shall
2014
471 provide a logo and supply it for the purposes specified in this
4 72 paragraph. A 30-second "Visit Florida" promotional video must
473 also be included on all optical disc formats of a film, unless
474 such placement is prohibited by licensing or other contractual
475 obligations. The 30-second promotional video shall be approved
476 and provided by the Florida Tourism Industry Marketing
477 Corporation in consultation with the Commissioner of Film and
478 Entertainment.
479 (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
480 ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
481 PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
482 ACQUISITIONS.-
483 (a) Priority for tax credit award.-The overall priority of
484 a qualified production for tax credit awards shall ~ be
485 determined as follows:
486 1. First priority shall be given to high-impact television
487 series created to run for multiple seasons and high-impact
488 digital media projects created to be produced for multiple
489 generations as applied under subparagraph (3) (c) 2.
490 2. Second priority shall be given to all other high-impact
491 television series and high-impact digital media projects that
492 were assigned queue numbers under subparagraph (3) (c) 1. in the
4 93 previous fiscal year.
494 3. Third priority shall be given to all other productions
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495 for which tax credits were applied under this section on a
496 first-come, first-served basis within its appropriate queue.
497
2014
498 Each qualified production must be placed into the appropriate
499 queue and is subject to the requirements of that queue and this
500 section.
501 (b) Tax credit eligibility.-
502 1.a. General production queue.-Ninety-four percent of tax
503 credits authorized pursuant to subsection (6) in any state
504 fiscal year must be dedicated to the general production queue.
505 The general production queue consists of all qualified
506 productions other than those eligible for the commercial and
507 music video queue or the independent and emerging media
508 production queue. A qualified production that meets the
509 following criteria demonstrates a minimum of $625,000 in
510 qualified expenditures is eligible for tax credits equal to 20
511 percent of its actual qualified expenditures, up to a maximum of
512 $8 million, if it:
513 (I) Demonstrates a minimum of $625,000 in qualified
514 expenditures.
515 (II) Complies with the hiring requirements in subparagraph
516 (1) (j) 1.
517 (III) Submits the documentation and proof of financing
518 required under paragraph (3) (b).
519
520
(IV) Satisfies all the other requirements of this section.
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521 A qualified production that incurs qualified expenditures during
522 multiple state fiscal years may combine those expenditures to
523 satisfy the $625,000 minimum threshold.
524 b. If more than 45 percent of the sum of total tan credits
525 initially certified and m:arded after .''.pril 1, 2012, total ta}{
526 credits initially certified after ~pril 1, 2012, but not yet
527 a~i'arded, and total talE credits available for certification after
528 April 1, 2012, but not yet certified has been awarded for high
529 impact television series, then no high iFrtpact television series
530 is eligible for tan oredits under this subparagraph. TalE oredits
531 initially certified for a high impact television series after
532 April 1, 2012, may not be m.·arded if the mJard Hill oause the
533 percentage threshold in this sub subparagraph to be euoeeded.
534 This sub subparagraph does not prohibit the mmrd of tau oredits
535 certified before ~pril 1, 2012, for high iFApaet television
536 series.
537 b.~ The Subject to sub subparagraph b., first priority in
538 the queue for tax credit awards not yet certified shall be given
539 to high-impact television series and high-impact digital media
540 projects. For the purposes of determining priority between a
541 high-impact television series and a high-impact digital media
542 project, the first position must go to the first application
543 received. Thereafter, priority shall be determined by
544 alternating between a high-impact television series and a high-
545 impact digital media project on a first-come, first-served
546 basis. However, if the Office of Film and Entertainment receives
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547 an application for a high-impact television series or high-
548 impact digital media project that would be certified but for the
549 alternating priority, the office may certify the project as
550 being in the priority position if an application that would
551 normally be the priority position is not received within 5
552 business days.
553 c. A qualified production in the general production queue
554 may receive a maximum of one of the additional tax credits
555 provided under this sub-subparagraph. However, a qualified
556 production in the general production queue may not receive a tax
557 credit under this sub-subparagraph that, when combined with all
558 tax credits received by the production under this section, would
559 equal more than 30 percent of its actual qualified expenses.
560 (I)~ An off-season certified production that is a feature
561 film, independent film, or television series or pilot is
562 eligible for an additional 5 percent tax credit on actual
563 qualified expenditures. An off-season certified production that
564 does not complete 75 percent of principal photography or 98 of
565 total production days, whichever is less, due to a disruption
566 caused by a hurricane or tropical storm may not be disqualified
567 from eligibility for the additional 5 percent credit as a result
568 of the disruption.
569 l!!l4. A qualified production for which at least 50 ~
570 percent of its principal photography days occur within a county
571 region designated as an underused county underutilized region at
572 the time that the production is certified is eligible for an
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573 additional 10-percent 5 percent tax credit on actual qualified
574 expenditures.
575 (III)~ A qualified production that employs students
576 enrolled full-time in a film and entertainment-related or
577 digital media-related course of study at an institution of
2014
578 higher education in this state is eligible for an additional 15-
579 percent 15 percent tax credit on qualified expenditures that are
580 wages, salaries, or other compensation paid to such students.
581 The additional 15-percent 15 percent tax credit is also
582 applicable to persons hired within 12 months after graduating
583 from a film and entertainment-related or digital media-related
584 course of study at an institution of higher education in this
585 state. The additional 15-pcrcent 15 pereent tax credit applies
586 to qualified expenditures that are wages, salaries, or other
587 compensation paid to such recent graduates for 1 year after the
588 date of hiring.
589 (IV)~ A qualified production for which 50 percent or more
590 of its principal photography occurs at a qualified production
591 facility, or a qualified digital media project or the digital
592 animation component of a qualified production for which 50
593 percent or more of the project's or component's qualified
594 expenditures arc related to a qualified digital media production
595 facility, is eligible for an additional 5-perccnt 5 percent tax
596 credit on actual qualified expenditures for production activity
597 at that facility.
598 d. A qualified production is eligible for an additional
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599 10-percent tax credit on actual qualified expenditures if the
600 production earns a total of at least five points by successfully
601 completing two or more of the promotional activities under this
602 sub-subparagraph. A qualified production that receives an
603 additional tax credit under this sub-subparagraph must reapply
604 for the additional tax credit for each successive season. A
605 qualified production may receive:
606 (I) Two points for creating a "behind-the-scenes" video
607 focused on properties used in the making of the project that are
608 located in this state and open to the public. The video must
609 include commentary explaining why the locations were chosen and
610 a discussion about the positive elements of producing a project
611 in this state. The video must be at least 5 minutes in length,
612 must be included in all optical disk formats and downloads, and
613 must be provided to the Office of Film and Entertainment for
614 promotional purposes. A qualified production must provide proof
615 of inclusion in all optical disk formats and downloads before
616 receiving credit for two points under this sub-sub-subparagraph.
617 (II) Two points for creating a promotional video of at
618 least 30 seconds in length that references VISIT Florida or that
619 discusses places to visit in this state and reasons therefor.
620 The three top-billed actors involved with the project must
621 participate in the promotional video and must have speaking
622 roles.
623 (III) Two points for conducting at least 7 days of first-
624 unit photography in an underused county.
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625 (IV) One point for conducting one or more consumer-based
626 contests in conjunction with the Office of Film and
627 Entertainment on visitflorida.com or filminflorida.com that
628 offer prizes, such as a set tour or a role as an extra.
2014
629 (V) Three points for the placement of the Film in Florida
630 logo in the production's opening titles.
631 (VI) One point for including the VISIT Florida logo in at
632 least one scene of the production.
633 (VII) One point for providing a minimum of ten pieces of
634 promotional merchandise autographed by top-billed actors to be
635 used in contests or giveaways.
636 (VIII) Three points for holding the world premiere
637 screening of the production in the county in this state in which
638 it was produced. At least two above-the-line actors and one
639 above-the line project executive must attend the premiere and
640 participate in a press conference with the Governor, local
641 officials, or a state legislator.
642 e. A digital media project that is a qualified production
643 is eligible for an additional 10-percent tax credit on actual
644 qualified expenditures if the project earns a total of at least
645 five points by successfully completing two or more of the
646 promotional activities under this sub-subparagraph. A digital
647 media project that is a qualified production may receive:
648 (I) Two points for creating a "behind-the-scenes" video
649 focused on the making of the digital media project in this state
650 that includes commentary discussing the positive elements of
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651 producing a digital media project in this state. The video must
652 be accessible through the production company's website and must
653 be provided to Enterprise Florida, Inc., for promotional
654 purposes.
655 (II) Two points for creating a promotional video of at
656 least 30 seconds in length that references the benefits of
657 producing a digital media project in this state. At least three
658 members of the project team must participate as spokespersons in
659 the promotional video.
660 (III) One point for conducting one or more consumer-based
661 contests in conjunction with the Office of Film and
662 Entertainment on visitflorida.com or filminflorida.com that
663 offer opportunities to visit one or more of the sites in this
664 state where digital media projects are created.
665 (IV) Three points for the placement of a department logo
666 within the digital media project or in a digital advertisement
667 promoting the digital media project.
668 (V) One point for the placement of the VISIT Florida logo
669 within the digital media project or in a digital advertisement
670 promoting the digital media project.
671 (VI) One point for providing a minimum of ten pieces of
672 promotional merchandise to be used in contests or giveaways.
673 (VII) Three points for hosting a preview event for the
674 digital media project in the area in this state where the
675 project was produced. At least two senior project managers must
676 attend the preview event and participate in a press conference
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677 with the Governor, local officials, or a state legislator.
678 f. A certified theatrical or direct-to-video motion
679 picture production or video game determined by the Commissioner
680 of Film and Entertainment, with the advice of the Florida Film
681 and Entertainment Advisory Council, to be family-friendly, based
682 on review of the script and review of the final release version,
683 is eligible for an additional tax credit equal to 5 percent of
684 its actual qualified expenditures. A production may be
685 considered family-friendly if it has cross-generational appeal;
686 would be considered suitable for viewing by children age 5 or
687 older; is appropriate in theme, content, and language for a
688 broad family audience; portrays a responsible resolution of
689 issues; and does not exhibit or imply an act of smoking, sex,
690 nudity, or vulgar or profane language.
691 g. A qualified production is not eligible for tan credits
692 provided under this paragraph totaling more than 30 percent of
693 its actual qualified enpenoeo.
694 2. Commercial and music video queue.-Three percent of tax
695 credits authorized pursuant to subsection (6) in any state
696 fiscal year must be dedicated to the commercial and music video
697 queue. A qualified production company that produces national or
698 regional commercials or music videos that meet the following
699 criteria is eligible for tax credits equal to 20 percent of its
7 00 actual qualified expenditures, up to a maximum may be eligible
701 for a ta1r credit award if it deFRonstrates a minimum of $100,000
702 in qualified eJEpenditures per national or regional eofflfftercial or
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703 FRusic video and enceedo a coFRbined threshold of $500,000 if it:
704 a. Demonstrates a minimum of $100,000 in qualified
705 expenditures per national or regional commercial or music video
706 and exceeds a combined threshold of $500,000 after combining
707 actual qualified expenditures from qualified commercials and
708 music videos during a single state fiscal year.
709 b. Meets the hiring requirements in subparagraph (1) (j) 1.
710 c. Satisfies all other requirements in this section after
711 coFRbining actual qualified enpenditures froFR qualified
712 ooFRHl:ercials and FRusic videos during a single state fisoal year.
713 After a qualified production coFRpany that produces coFRHl:ercialo,
714 FRusic videos, or both reaches the threshold of ~§00,000, it is
715 eligible to apply for oertifioation for a taif credit award. The
716 FRmfiFRUFR credit aHard shall be equal to 20 percent of its actual
717 qualified expenditures up to a FRaxiFRum of $500,000.
718
719 If there is a surplus at the end of a fiscal year after the
720 Office of Film and Entertainment certifies and determines the
721 tax credits for all qualified commercial and video projects,
722 such surplus tax credits shall be carried forward to the
723 following fiscal year and are available to any eligible
724 qualified productions under the general production queue.
725 3.a. Independent and emerging media production queue.-
726 Three percent of tax credits authorized pursuant to subsection
727 (6) in any state fiscal year must be dedicated to the
728 independent and emerging media production queue. This queue is
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729 intended to encourage independent film and emerging media
730 production in this state. Any qualified production, excluding
731 commercials, infomercials, or music videos, that meets the
2014
732 following criteria which demonstrates at least $100,000, but not
733 more than $625,000, in total qualified expenditures is eligible
734 for tax credits equal to 20 percent of its actual qualified
735 expenditures if it:
736 (I) Demonstrates at least $100,000, but not more than
737 $625,000, in total qualified expenditures.
738 (II) Meets the hiring requirements in subparagraph
739 (1) (j)l.
740 (III) Submits the documentation and proof of financing
741 required under paragraph (3} (b).
742 (IV) Satisfies all other requirements in this section.
743
744 If a surplus exists at the end of a fiscal year after the Office
745 of Film and Entertainment certifies and determines the tax
746 credits for all qualified independent and emerging media
747 production projects, such surplus tax credits shall be carried
748 forward to the following fiscal year and are available to any
749 eligible qualified productions under the general production
7 50 queue.
751 b. A qualified production in the independent and emerging
752 media production queue may receive a maximum of one of the
753 additional tax credits provided under this sub-subparagraph.
754 However, a qualified production in the independent and emerging
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755 media production queue may not receive a tax credit under this
756 sub-subparagraph that, when combined with all tax credits
2014
757 received by the production under this section, would equal more
758 than 30 percent of its actual qualified expenses.
759 (I) An off-season certified production that is a feature
760 film, independent film, or television series or pilot is
761 eligible for an additional 5-percent tax credit on actual
762 qualified expenditures. An off-season certified production that
763 does not complete either 75 percent of principal photography or
764 98 total production days from June 1 through November 30 due to
765 a disruption caused by a hurricane or tropical storm may not be
766 disqualified from eligibility for the additional 5-percent
767 credit as a result of the disruption.
768 ll!l4. Family friendly productions. A certified theatrical
769 or direct-to-video motion picture production or video game
770 determined by the Commissioner of Film and Entertainment, with
771 the advice of the Florida Film and Entertainment Advisory
772 Council, to be family-friendly, based on review of the script
773 and review of the final release version, is eligible for an
774 additional tax credit equal to 5 percent of its actual qualified
775 expenditures. A production may be considered family-friendly if
776 it has produotiono are those that have cross-generational
777 appeal; would be considered suitable for viewing by children age
778 5 or older; is are appropriate in theme, content, and language
779 for a broad family audience; portrays embody a responsible
780 resolution of issues; and does ee not exhibit or imply an any
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781 act of smoking, sex, nudity, or vulgar or profane language.
782 (7) ANNUAL ALLOCATION OF TAX CREDITS.-
783 (a) The aggregate amount of the tax credits that may be
784 certified pursuant to paragraph (3) (d) may not exceed:
785
786
1. For fiscal year 2010-2011, $53.5 million.
2. For fiscal year 2011-2012, $74.5 million.
787 3. For fiscal years 2012-2013 and7 2013-2014, 2014 2015,
788 and 2015 2016, $42 million per fiscal year.
2014
789 4. For fiscal years 2014-2015, 2015-2016, 2016-2017, 2017-
790 2018, 2018-2019, and 2019-2020, $200 million per fiscal year.
791 (c) Upon approval of the final tax credit award amount
7 92 pursuant to subparagraph ( 3) (g) 2. ( 3) (f) 2. , an amount equal to
793 the difference between the maximum tax credit award amount
794 previously certified under paragraph (3) (d) and the approved
795 final tax credit award amount shall immediately be available for
796 recertification during the current and following fiscal years in
797 addition to the amounts available for certification under
798 paragraph (a) for those fiscal years.
799 (11) REPEAL.-This section is repealed July 1, 2020 ~,
800 except that:
801 (a) Tax credits certified under paragraph (3) (d) before
802 July 1, 2020 ~~ may be awarded under paragraph (3) (g) (3) (f)
803 on or after July 1, 2020 ~, if the other requirements of this
804 section are met.
805 (b) Tax credits carried forward under paragraph ( 4) (e)
806 remain valid for the period specified.
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807 (c) Subsections (5), (8)L and (9) shall remain in effect
808 until July 1, 2025 ~-
809 Section 2. This act shall take effect July 1, 2014.
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