August 25, 2019
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CS/CS/HB 697

1
A bill to be entitled
2An act relating to entertainment industry economic
3development; amending s. 288.1254, F.S.; revising the
4entertainment industry financial incentive program to
5provide corporate income tax and sales and use tax credits
6to qualified entertainment entities rather than
7reimbursements from appropriations; revising provisions
8relating to definitions, creation and scope, application
9procedures, approval process, eligibility, required
10documents, qualified and certified productions, and annual
11reports; providing duties and responsibilities of the
12Office of Film and Entertainment, the Office of Tourism,
13Trade, and Economic Development, and the Department of
14Revenue relating to the tax credits; providing criteria
15and limitations for awards of tax credits; providing for
16uses, allocations, election, distributions, and
17carryforward of the tax credits; providing for withdrawal
18of tax credit eligibility; providing for use of
19consolidated returns; providing for partnership and
20noncorporate distributions of tax credits; providing for
21succession of tax credits; providing requirements for
22transfer of tax credits; authorizing the Office of
23Tourism, Trade, and Economic Development to adopt rules,
24policies, and procedures; authorizing the Department of
25Revenue to adopt rules and conduct audits; providing for
26revocation and forfeiture of tax credits; providing
27liability for reimbursement of certain costs and fees
28associated with a fraudulent claim; requiring an annual
29report to the Governor and the Legislature; providing for
30future repeal; amending s. 220.02, F.S.; including tax
31credits enumerated in s. 288.1254, F.S., in the order of
32application of credits against certain taxes; amending s.
33213.053, F.S.; authorizing the Department of Revenue to
34provide tax credit information to the Office of Film and
35Entertainment and the Office of Tourism, Trade, and
36Economic Development; amending s. 212.08, F.S.; limiting
37application of the entertainment industry tax credits;
38requiring electronic funds transfer for the tax credits;
39providing procedures; providing severability; providing an
40effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Section 288.1254, Florida Statutes, is amended
45to read:
46(Substantial rewording of section. See
47s. 288.1254, F.S., for present text.)
48     288.1254  Entertainment industry financial incentive
49program.-
50     (1)  DEFINITIONS.-As used in this section, the term:
51     (a)  "Certified production" means a qualified production
52that has tax credits allocated to it by the Office of Tourism,
53Trade, and Economic Development based on the production's
54estimated qualified expenditures, up to the production's maximum
55certified amount of tax credits, by the Office of Tourism,
56Trade, and Economic Development. The term does not include a
57production if its first day of principal photography or project
58start date in this state occurs before the production is
59certified by the Office of Tourism, Trade, and Economic
60Development, unless the production spans more than one fiscal
61year, was a certified production on its first day of principal
62photography or project start date in this state, and submits an
63application for continuing the same production for the
64subsequent fiscal year.
65     (b)  "Digital media project" means a production of
66interactive entertainment that is produced for distribution in
67commercial or educational markets. The term includes a video
68game or production intended for Internet or wireless
69distribution. The term does not include a production deemed by
70the Office of Film and Entertainment to contain obscene content
71as defined in s. 847.001(10).
72     (c)  "High-impact television series" means a production
73created to run multiple production seasons and having an
74estimated order of at least seven episodes per season and
75qualified expenditures of at least $625,000 per episode.
76     (d)  "Off-season certified production" means a feature
77film, independent film, or television series or pilot which
78films 75 percent or more of its principal photography days from
79June 1 through November 30.
80     (e)  "Principal photography" means the filming of major or
81significant components of the qualified production which involve
82lead actors.
83     (f)  "Production" means a theatrical or direct-to-video
84motion picture; a made-for-television motion picture; visual
85effects or digital animation sequences produced in conjunction
86with a motion picture; a commercial; a music video; an
87industrial or educational film; an infomercial; a documentary
88film; a television pilot program; a presentation for a
89television pilot program; a television series, including, but
90not limited to, a drama, a reality show, a comedy, a soap opera,
91a telenovela, a game show, an awards show, or a miniseries
92production; or a digital media project by the entertainment
93industry. One season of a television series is considered one
94production. The term does not include a weather or market
95program; a sporting event; a sports show; a gala; a production
96that solicits funds; a home shopping program; a political
97program; a political documentary; political advertising; a
98gambling-related project or production; a concert production; or
99a local, regional, or Internet-distributed-only news show,
100current-events show, pornographic production, or current-affairs
101show. A production may be produced on or by film, tape, or
102otherwise by means of a motion picture camera; electronic camera
103or device; tape device; computer; any combination of the
104foregoing; or any other means, method, or device now used or
105later adopted.
106     (g)  "Production expenditures" means the costs of tangible
107and intangible property used for, and services performed
108primarily and customarily in, production, including
109preproduction and postproduction, but excluding costs for
110development, marketing, and distribution. The term includes, but
111is not limited to:
112     1.  Wages, salaries, or other compensation paid to legal
113residents of this state, including amounts paid through payroll
114service companies, for technical and production crews,
115directors, producers, and performers.
116     2.  Expenditures for sound stages, backlots, production
117editing, digital effects, sound recordings, sets, and set
118construction.
119     3.  Expenditures for rental equipment, including, but not
120limited to, cameras and grip or electrical equipment.
121     4.  Up to $300,000 of the costs of newly purchased computer
122software and hardware unique to the project, including servers,
123data processing, and visualization technologies, which are
124located in and used exclusively in the state for the production
125of digital media.
126     5.  Expenditures for meals, travel, and accommodations.
127     (h)  "Qualified expenditures" means production expenditures
128incurred in this state by a qualified production for:
129     1.  Goods purchased or leased from, or services, including,
130but not limited to, insurance costs and bonding, payroll
131services, and legal fees, which are provided by, a vendor or
132supplier in this state that is registered with the Department of
133State or the Department of Revenue and has a physical location
134in this state at which one or more legal Florida residents are
135employed.
136     2.  Payments to legal residents of this state in the form
137of salary, wages, or other compensation up to a maximum of
138$650,000 per resident unless otherwise specified in subsection
139(4).
140
141For a qualified production involving an event, such as an awards
142show, the term does not include expenditures solely associated
143with the event itself and not directly required by the
144production. The term does not include expenditures incurred
145before certification, with the exception of those incurred for a
146commercial, a music video, or the pickup of additional episodes
147of a high-impact television series within a single season.
148     (i)  "Qualified production" means a production in this
149state meeting the requirements of this section. The term does
150not include a production:
151     1.  In which, for the first 2 years of the incentive
152program, less than 50 percent, and thereafter, less than 60
153percent, of the positions that make up its production cast and
154below-the-line production crew, or, in the case of digital media
155projects, less than 75 percent of such positions, are filled by
156legal residents of this state, whose residency is demonstrated
157by a valid Florida driver's license or other state-issued
158identification confirming residency, or students enrolled full-
159time in a film-and-entertainment-related course of study at an
160institution of higher education in this state; or
161     2.  That is deemed by the Office of Film and Entertainment
162to contain obscene content as defined in s. 847.001(10).
163     (j)  "Qualified production company" means a corporation,
164limited liability company, partnership, or other legal entity
165engaged in one or more productions in this state.
166     (2)  CREATION AND PURPOSE OF PROGRAM.-The entertainment
167industry financial incentive program is created within the
168Office of Film and Entertainment. The purpose of this program is
169to encourage the use of this state as a site for filming, for
170the digital production of films, and to develop and sustain the
171workforce and infrastructure for film, digital media, and
172entertainment production.
173     (3)  APPLICATION PROCEDURE; APPROVAL PROCESS.-
174     (a)  Program application.-A qualified production company
175producing a qualified production in this state may submit a
176program application to the Office of Film and Entertainment for
177the purpose of determining qualification for an award of tax
178credits authorized by this section no earlier than 180 days
179before the first date that production expenditures are incurred
180in this state. The applicant shall provide the Office of Film
181and Entertainment with information required to determine whether
182the production is a qualified production and to determine the
183qualified expenditures and other information necessary for the
184office to determine eligibility for the tax credit.
185     (b)  Required documentation.-The Office of Film and
186Entertainment shall develop an application form for qualifying
187an applicant as a qualified production. The form must include,
188but need not be limited to, production-related information
189concerning employment of residents in this state, a detailed
190budget of planned qualified expenditures, and the applicant's
191signed affirmation that the information on the form has been
192verified and is correct. The Office of Film and Entertainment
193and local film commissions shall distribute the form.
194     (c)  Application process.-The Office of Film and
195Entertainment shall establish a process by which an application
196is accepted and reviewed and by which tax credit eligibility and
197award amount are determined. The Office of Film and
198Entertainment may request assistance from a duly appointed local
199film commission in determining compliance with this section.
200     (d)  Certification.-The Office of Film and Entertainment
201shall review the application within 15 business days after
202receipt. Upon its determination that the application contains
203all the information required by this subsection and meets the
204criteria set out in this section, the Office of Film and
205Entertainment shall qualify the applicant and recommend to the
206Office of Tourism, Trade, and Economic Development that the
207applicant be certified for the maximum tax credit award amount.
208Within 5 business days after receipt of the recommendation, the
209Office of Tourism, Trade, and Economic Development shall reject
210the recommendation or certify the maximum recommended tax credit
211award, if any, to the applicant and to the executive director of
212the Department of Revenue.
213     (e)  Grounds for denial.-The Office of Film and
214Entertainment shall deny an application if it determines that
215the application is not complete or the production or application
216does 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
219process to verify the actual qualified expenditures of a
220certified production. The process must require:
221     a.  A certified production to submit, in a timely manner
222after production ends in this state and after making all of its
223qualified expenditures in this state, data substantiating each
224qualified expenditure to an independent certified public
225accountant licensed in this state;
226     b.  Such accountant to conduct a compliance audit, at the
227certified production's expense, to substantiate each qualified
228expenditure and submit the results as a report, along with the
229required substantiating data, to the Office of Film and
230Entertainment; and
231     c.  The Office of Film and Entertainment to review the
232accountant's submittal and report to the Office of Tourism,
233Trade, and Economic Development the final verified amount of
234actual qualified expenditures made by the certified production.
235     2.  The Office of Tourism, Trade, and Economic Development
236shall determine and approve the final tax credit award amount to
237each certified applicant based on the final verified amount of
238actual qualified expenditures and shall notify the executive
239director of the Department of Revenue in writing that the
240certified production has met the requirements of the incentive
241program and of the final amount of the tax credit award. The
242final tax credit award amount may not exceed the maximum tax
243credit award amount certified under paragraph (d).
244     (g)  Promoting Florida.-The Office of Film and
245Entertainment shall ensure that, as a condition of receiving a
246tax credit under this section, marketing materials promoting
247this state as a tourist destination or film and entertainment
248production destination are included, when appropriate, at no
249cost to the state, which must, at a minimum, include placement
250of a "Filmed in Florida" or "Produced in Florida" logo in the
251end credits. The placement of a "Filmed in Florida" or "Produced
252in Florida" logo on all packaging material and hard media is
253also required, unless such placement is prohibited by licensing
254or other contractual obligations. The size and placement of such
255logo shall be commensurate to other logos used. If no logos are
256used, the statement "Filmed in Florida using Florida's
257Entertainment Industry Financial Incentive," or a similar
258statement approved by the Office of Film and Entertainment,
259shall be used. The Office of Film and Entertainment shall
260provide a logo and supply it for the purposes specified in this
261paragraph. A 30-second "Visit Florida" promotional video must
262also be included on all optical disc formats of a film, unless
263such placement is prohibited by licensing or other contractual
264obligations. The 30-second promotional video shall be approved
265and provided by the Florida Tourism Industry Marketing
266Corporation in consultation with the Commissioner of Film and
267Entertainment.
268     (4)  TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
269ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
270PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
271ACQUISITIONS.-
272     (a)  Priority for tax credit award.-The priority of a
273qualified production for tax credit awards must be determined on
274a first-come, first-served basis within its appropriate queue.
275Each qualified production must be placed into the appropriate
276queue and is subject to the requirements of that queue.
277     (b)  Tax credit eligibility.-
278     1.  General production queue.-Ninety-four percent of tax
279credits authorized in any state fiscal year must be dedicated to
280the general production queue. The general production queue
281consists of all qualified productions other than those eligible
282for the commercial and music video queue or the independent and
283emerging media production queue. A qualified production that
284demonstrates a minimum of $625,000 in qualified expenditures is
285eligible for tax credits equal to 20 percent of its actual
286qualified expenditures, up to a maximum of $8 million. A
287qualified production that incurs qualified expenditures during
288multiple state fiscal years may combine those expenditures to
289satisfy the $625,000 minimum threshold.
290     a.  An off-season certified production that is a feature
291film, independent film, or television series or pilot is
292eligible for an additional 5-percent tax credit on actual
293qualified expenditures. An off-season certified production that
294does not complete 75 percent of principal photography due to a
295disruption caused by a hurricane or tropical storm may not be
296disqualified from eligibility for the additional 5-percent
297credit as a result of the disruption.
298     b.  A qualified high-impact television series shall be
299allowed first position in this queue for tax credit awards not
300yet certified.
301     2.  Commercial and music video queue.-Three percent of tax
302credits authorized in any state fiscal year must be dedicated to
303the commercial and music video queue. A qualified production
304company that produces national or regional commercials or music
305videos may be eligible for a tax credit award if it demonstrates
306a minimum of $100,000 in qualified expenditures per national or
307regional commercial or music video and exceeds a combined
308threshold of $500,000 after combining actual qualified
309expenditures from qualified commercials and music videos during
310a single state fiscal year. After a qualified production company
311that produces commercials, music videos, or both reaches the
312threshold of $500,000, it is eligible to apply for certification
313for a tax credit award. The maximum credit award shall be equal
314to 20 percent of its actual qualified expenditures up to a
315maximum of $500,000. If there is a surplus at the end of a
316fiscal year after the Office of Film and Entertainment certifies
317and determines the tax credits for all qualified commercial and
318video projects, such surplus tax credits shall be carried
319forward to the following fiscal year and be available to any
320eligible qualified productions under the general production
321queue.
322     3.  Independent and emerging media production queue.-Three
323percent of tax credits authorized in any state fiscal year must
324be dedicated to the independent and emerging media production
325queue. This queue is intended to encourage Florida independent
326film and emerging media production as described in paragraph
327(1)(f). Any qualified production, excluding commercials,
328infomercials, or music videos, that demonstrates at least
329$100,000, but not more than $625,000, in total qualified
330expenditures is eligible for tax credits equal to 20 percent of
331its actual qualified expenditures. If a surplus exists at the
332end of a fiscal year after the Office of Film and Entertainment
333certifies and determines the tax credits for all qualified
334independent and emerging media production projects, such surplus
335tax credits shall be carried forward to the following fiscal
336year and be available to any eligible qualified productions
337under the general production queue.
338     4.  Family-friendly productions.-A certified theatrical or
339direct-to-video motion picture production or video game
340determined by the Commissioner of Film and Entertainment, with
341the advice of the Florida Film and Entertainment Advisory
342Council, to be family-friendly, based on the review of the
343script and the review of the final release version, is eligible
344for an additional tax credit equal to 5 percent of its actual
345qualified expenditures. Family-friendly productions are those
346that have cross-generational appeal; would be considered
347suitable for viewing by children age 5 or older; do not contain
348any theme, language, nudity, sex, violence, or other matter that
349would offend the parent of a 5-year-old child that views the
350motion picture or game; are appropriate in theme, content, and
351language for a broad family audience; embody a responsible
352resolution of issues; and do not exhibit or imply any act of
353smoking, sex, nudity, gratuitous violence, or vulgar or profane
354language.
355     (c)  Withdrawal of tax credit eligibility.-A qualified or
356certified production must continue on a reasonable schedule,
357which includes beginning principal photography or the production
358project in this state no more than 45 calendar days before or
359after the principal photography or project start date provided
360in the production's program application. The Office of Tourism,
361Trade, and Economic Development shall withdraw the eligibility
362of a qualified or certified production that does not continue on
363a reasonable schedule.
364     (d)  Election and distribution of tax credits.-
365     1.  A certified production company receiving a tax credit
366award under this section shall, at the time the credit is
367awarded by the Office of Tourism, Trade, and Economic
368Development after production is completed and all requirements
369to receive a credit award have been met, make an irrevocable
370election to apply the credit against taxes due under chapter
371220, against taxes collected or accrued under chapter 212, or
372against a stated combination of the two taxes, except that the
373credit authorized under this section may not be applied against
374discretionary sales surtaxes authorized under s. 212.055. The
375election is binding upon any distributee, successor, transferee,
376or purchaser. The Office of Tourism, Trade, and Economic
377Development shall notify the Department of Revenue of any
378election made pursuant to this paragraph.
379     2.  For the fiscal years beginning July 1, 2010, and ending
380June 30, 2015, a qualified production company is eligible for
381tax credits against its sales and use tax liabilities and
382corporate income tax liabilities as provided in this section.
383However, tax credits awarded under this section may not be
384claimed against sales and use tax liabilities or corporate
385income tax liabilities for any tax period beginning before July
3861, 2011, regardless of when the credits are applied for or
387awarded.
388     (e)  Tax credit carryforward.-If the certified production
389company cannot use the entire tax credit in the taxable year or
390reporting period in which the credit is awarded, any excess
391amount may be carried forward to a succeeding taxable year or
392reporting period. A tax credit applied against taxes imposed
393under chapter 212 may be carried forward for a maximum of 5
394years after the date the credit is awarded. A tax credit applied
395against taxes imposed under chapter 220 may be carried forward
396for a maximum of 5 years after the date the credit is awarded,
397after which the credit expires and may not be used.
398     (f)  Consolidated returns.-A certified production company
399that files a Florida consolidated return as a member of an
400affiliated group under s. 220.131(1) may be allowed the credit
401on a consolidated return basis up to the amount of the tax
402imposed upon the consolidated group under chapter 220.
403     (g)  Partnership and noncorporate distributions.-A
404qualified production company that is not a corporation as
405defined in s. 220.03 may elect to distribute tax credits awarded
406under this section to its partners or members in proportion to
407their respective distributive income or loss in the taxable
408fiscal year in which the tax credits were awarded.
409     (h)  Mergers or acquisitions.-Tax credits available under
410this section to a certified production company may succeed to a
411surviving or acquiring entity subject to the same conditions and
412limitations as described in this section; however, they may not
413be transferred again by the surviving or acquiring entity.
414     (5)  TRANSFER OF TAX CREDITS.-
415     (a)  Authorization.-Upon application to the Office of Film
416and Entertainment and approval by the Office of Tourism, Trade,
417and Economic Development, a certified production company, or a
418partner or member that has received a distribution under
419paragraph (4)(g), may elect to transfer, in whole or in part,
420any unused credit amount granted under this section. An election
421to transfer any unused tax credit amount under chapter 212 or
422chapter 220 must be made no later than 5 years after the date
423the credit is awarded, after which period the credit expires and
424may not be used. The Office of Tourism, Trade, and Economic
425Development shall notify the Department of Revenue of the
426election and transfer.
427     (b)  Number of transfers permitted.-A certified production
428company that elects to apply a credit amount against taxes
429remitted under chapter 212 is permitted a one-time transfer of
430unused credits to one transferee. A certified production company
431that elects to apply a credit amount against taxes due under
432chapter 220 is permitted a one-time transfer of unused credits
433to no more than four transferees, and such transfers must occur
434in the same taxable year.
435     (c)  Transferee rights and limitations.-The transferee is
436subject to the same rights and limitations as the certified
437production company awarded the tax credit, except that the
438transferee may not sell or otherwise transfer the tax credit.
439     (d)  Rulemaking.-The Department of Revenue may adopt rules
440to 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
443certified 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
449established per fiscal year in paragraph (a) that is not
450certified as of the end of a fiscal year shall be carried
451forward and made available for certification during the
452following two fiscal years in addition to the amounts available
453for certification under paragraph (a) for those fiscal years.
454     (c)  Upon approval of the final tax credit award amount
455pursuant to subparagraph (3)(f)2., an amount equal to the
456difference between the maximum tax credit award amount
457previously certified under paragraph (3)(d) and the approved
458final tax credit award amount shall immediately be available for
459recertification during the current and following fiscal years in
460addition to the amounts available for certification under
461paragraph (a) for those fiscal years.
462     (d)  Notwithstanding paragraph (a), if, during a fiscal
463year, the total amount of credits applied for, pursuant to
464paragraph (3)(a), exceeds the amount of credits available for
465certification in that fiscal year, such excess shall be treated
466as having been applied for on the first day of the next fiscal
467year in which credits remain available for certification.
468     (7)  RULES, POLICIES, AND PROCEDURES.-
469     (a)  The Office of Tourism, Trade, and Economic Development
470may adopt rules pursuant to ss. 120.536(1) and 120.54 and
471develop policies and procedures to implement and administer this
472section, including, but not limited to, rules specifying
473requirements for the application and approval process, records
474required for substantiation for tax credits, procedures for
475making the election in paragraph (4)(d), the manner and form of
476documentation required to claim tax credits awarded or
477transferred under this section, and marketing requirements for
478tax credit recipients.
479     (b)  The Department of Revenue may adopt rules pursuant to
480ss. 120.536(1) and 120.54 to administer this section, including
481rules governing the examination and audit procedures required to
482administer this section and the manner and form of documentation
483required to claim tax credits awarded or transferred under this
484section.
485     (8)  AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
486CREDITS; FRAUDULENT CLAIMS.-
487     (a)  Audit authority.-The Department of Revenue may conduct
488examinations and audits as provided in s. 213.34 to verify that
489tax credits under this section are received, transferred, and
490applied according to the requirements of this section. If the
491Department of Revenue determines that tax credits are not
492received, transferred, or applied as required by this section,
493it may, in addition to the remedies provided in this subsection,
494pursue recovery of such funds pursuant to the laws and rules
495governing the assessment of taxes.
496     (b)  Revocation of tax credits.-The Office of Tourism,
497Trade, and Economic Development may revoke or modify any written
498decision qualifying, certifying, or otherwise granting
499eligibility for tax credits under this section if it is
500discovered that the tax credit applicant submitted any false
501statement, representation, or certification in any application,
502record, report, plan, or other document filed in an attempt to
503receive tax credits under this section. The Office of Tourism,
504Trade, and Economic Development shall immediately notify the
505Department of Revenue of any revoked or modified orders
506affecting previously granted tax credits. Additionally, the
507applicant must notify the Department of Revenue of any change in
508its tax credit claimed.
509     (c)  Forfeiture of tax credits.-A determination by the
510Department of Revenue, as a result of an audit pursuant to
511paragraph (a) or from information received from the Office of
512Film and Entertainment, that an applicant received tax credits
513pursuant to this section to which the applicant was not entitled
514is grounds for forfeiture of previously claimed and received tax
515credits. The applicant is responsible for returning forfeited
516tax credits to the Department of Revenue, and such funds shall
517be paid into the General Revenue Fund of the state. Tax credits
518purchased in good faith are not subject to forfeiture unless the
519transferee submitted fraudulent information in the purchase or
520failed to meet the requirements in subsection (5).
521     (d)  Fraudulent claims.-Any applicant that submits
522fraudulent information under this section is liable for
523reimbursement of the reasonable costs and fees associated with
524the review, processing, investigation, and prosecution of the
525fraudulent claim. An applicant that obtains a credit payment
526under this section through a claim that is fraudulent is liable
527for reimbursement of the credit amount plus a penalty in an
528amount double the credit amount. The penalty is in addition to
529any criminal penalty to which the applicant is liable for the
530same acts. The applicant is also liable for costs and fees
531incurred by the state in investigating and prosecuting the
532fraudulent claim.
533     (9)  ANNUAL REPORT.-Each October 1, the Office of Film and
534Entertainment shall provide an annual report for the previous
535fiscal year to the Governor, the President of the Senate, and
536the Speaker of the House of Representatives which outlines the
537return on investment and economic benefits to the state.
538     (10)  REPEAL.-This section is repealed July 1, 2015, except
539that the tax credit carryforward provided in this section shall
540continue to be valid for the period specified.
541     Section 2.  Subsection (8) of section 220.02, Florida
542Statutes, is amended to read:
543     220.02  Legislative intent.-
544     (8)  It is the intent of the Legislature that credits
545against either the corporate income tax or the franchise tax be
546applied in the following order: those enumerated in s. 631.828,
547those enumerated in s. 220.191, those enumerated in s. 220.181,
548those enumerated in s. 220.183, those enumerated in s. 220.182,
549those enumerated in s. 220.1895, those enumerated in s. 221.02,
550those enumerated in s. 220.184, those enumerated in s. 220.186,
551those enumerated in s. 220.1845, those enumerated in s. 220.19,
552those enumerated in s. 220.185, those enumerated in s. 220.187,
553those enumerated in s. 220.192, those enumerated in s. 220.193,
554and those enumerated in s. 288.9916, and those enumerated in s.
555288.1254.
556     Section 3.  Paragraph (z) is added to subsection (8) of
557section 213.053, Florida Statutes, to read:
558     213.053  Confidentiality and information sharing.-
559     (8)  Notwithstanding any other provision of this section,
560the department may provide:
561     (z)  Information relative to tax credits taken under s.
562288.1254 to the Office of Film and Entertainment and the Office
563of Tourism, Trade, and Economic Development.
564
565Disclosure of information under this subsection shall be
566pursuant to a written agreement between the executive director
567and the agency. Such agencies, governmental or nongovernmental,
568shall be bound by the same requirements of confidentiality as
569the Department of Revenue. Breach of confidentiality is a
570misdemeanor of the first degree, punishable as provided by s.
571775.082 or s. 775.083.
572     Section 4.  Paragraph (q) is added to subsection (5) of
573section 212.08, Florida Statutes, to read:
574     212.08  Sales, rental, use, consumption, distribution, and
575storage tax; specified exemptions.-The sale at retail, the
576rental, the use, the consumption, the distribution, and the
577storage to be used or consumed in this state of the following
578are hereby specifically exempt from the tax imposed by this
579chapter.
580     (5)  EXEMPTIONS; ACCOUNT OF USE.-
581     (q)  Entertainment industry tax credit; authorization;
582eligibility for credits.-The credit shall be deducted from any
583sales and use tax remitted by the dealer to the department by
584electronic funds transfer and may only be deducted on a sales
585and use tax return initiated through electronic data
586interchange. The dealer shall separately state the credit on the
587electronic return. The net amount of tax due and payable must be
588remitted by electronic funds transfer. If the credit for the
589qualified expenditures is larger than the amount owed on the
590sales and use tax return that is eligible for the credit, the
591unused amount of the credit may be carried forward to a
592succeeding reporting period as provided in s. 288.1254(4)(e). A
593dealer may only obtain a credit using the method described in
594this subparagraph. A dealer is not authorized to obtain a credit
595by applying for a refund.
596     Section 5.  If any provision of this act or the application
597thereof to any person or circumstance is held invalid, the
598invalidity shall not affect other provisions or applications of
599the act which can be given effect without the invalid provision
600or application, and to this end the provisions of this act are
601declared severable.
602     Section 6.  This act shall take effect July 1, 2010.


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