August 07, 2020
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CS/HB 697

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.
42Be It Enacted by the Legislature of the State of Florida:
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
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 the first date that it incurs production
58expenditures in this state occurs before the production is
59certified by the Office of Tourism, Trade, and Economic
61     (b)  "Digital media project" means a production of
62interactive entertainment that is produced for distribution in
63commercial or educational markets. The term includes a video
64game or production intended for Internet or wireless
65distribution. The term does not include a production deemed by
66the Office of Film and Entertainment to contain obscene content
67as defined in s. 847.001(10).
68     (c)  "High-impact television series" means a production
69created to run multiple production seasons and having an
70estimated order of at least seven episodes per season and
71qualified expenditures of at least $625,000 per episode.
72     (d)  "Off-season certified production" means a production,
73other than a digital media project or an animated production,
74commercial, music video, or documentary, which films 75 percent
75or more of its principal photography days from June 1 through
76November 30.
77     (e)  "Principal photography" means the filming of major or
78significant components of the qualified production which involve
79lead actors.
80     (f)  "Production" means a theatrical or direct-to-video
81motion picture; a made-for-television motion picture; visual
82effects or digital animation sequences produced in conjunction
83with a motion picture; a commercial; a music video; an
84industrial or educational film; an infomercial; a documentary
85film; a television pilot program; a presentation for a
86television pilot program; a television series, including, but
87not limited to, a drama, a reality show, a comedy, a soap opera,
88a telenovela, a game show, or a miniseries production; or a
89digital media project by the entertainment industry. One season
90of a television series is considered one production. The term
91does not include a weather or market program; a sporting event;
92a sports show; a gala; a production that solicits funds; a home
93shopping program; a political program; a political documentary;
94political advertising; a gambling-related project or production;
95a concert production; or a local, regional, or Internet-
96distributed-only news show, current-events show, pornographic
97production, or current-affairs show. A production may be
98produced on or by film, tape, or otherwise by means of a motion
99picture camera; electronic camera or device; tape device;
100computer; any combination of the foregoing; or any other means,
101method, or device now used or later adopted.
102     (g)  "Production expenditures" means the costs of tangible
103and intangible property used for, and services performed
104primarily and customarily in, production, including
105preproduction and postproduction, but excluding costs for
106development, marketing, and distribution. The term includes, but
107is not limited to:
108     1.  Wages, salaries, or other compensation paid to legal
109residents of this state, including amounts paid through payroll
110service companies, for technical and production crews,
111directors, producers, and performers.
112     2.  Expenditures for sound stages, backlots, production
113editing, digital effects, sound recordings, sets, and set
115     3.  Expenditures for rental equipment, including, but not
116limited to, cameras and grip or electrical equipment.
117     4.  Up to $300,000 of the costs of newly purchased computer
118software and hardware unique to the project, including servers,
119data processing, and visualization technologies, which are
120located in and used exclusively in the state for the production
121of digital media.
122     5.  Expenditures for meals, travel, and accommodations.
123     (h)  "Qualified expenditures" means production expenditures
124incurred in this state by a qualified production for:
125     1.  Goods purchased or leased from, or services, including,
126but not limited to, insurance costs and bonding, payroll
127services, and legal fees, which are provided by, a vendor or
128supplier in this state that is registered with the Department of
129State or the Department of Revenue and doing business in the
130state and whose primary employees that facilitated the
131transaction are legal residents of and doing business in this
133     2.  Payments to legal residents of this state in the form
134of salary, wages, or other compensation up to a maximum of
135$650,000 per resident unless otherwise specified in subsection
138For a qualified production involving an event, such as an awards
139show, the term does not include expenditures solely associated
140with the event itself and not directly required by the
141production. The term does not include expenditures incurred
142before certification, with the exception of those incurred for a
143commercial, a music video, or the pickup of additional episodes
144of a high-impact television series within a single season.
145     (i)  "Qualified production" means a production in this
146state meeting the requirements of this section. The term does
147not include a production:
148     1.  In which, for the first 2 years of the incentive
149program, less than 50 percent, and thereafter, less than 60
150percent, of the positions that make up its production cast and
151below-the-line production crew, or, in the case of digital media
152projects, less than 75 percent of such positions, are filled by
153legal residents of this state, whose residency is demonstrated
154by a valid Florida driver's license or other state-issued
155identification confirming residency, or students enrolled full-
156time in a film-and-entertainment-related course of study at an
157institution of higher education in this state; or
158     2.  That is deemed by the Office of Film and Entertainment
159to contain obscene content as defined in s. 847.001(10).
160     (j)  "Qualified production company" means a corporation,
161limited liability company, partnership, or other legal entity
162engaged in one or more productions in this state.
163     (2)  CREATION AND PURPOSE OF PROGRAM.-The entertainment
164industry financial incentive program is created within the
165Office of Film and Entertainment. The purpose of this program is
166to encourage the use of this state as a site for filming, for
167the digital production of films, and to develop and sustain the
168workforce and infrastructure for film, digital media, and
169entertainment production.
171     (a)  Program application.-A qualified production company
172producing a qualified production in this state may submit a
173program application to the Office of Film and Entertainment for
174the purpose of determining qualification for an award of tax
175credits authorized by this section no earlier than 6 months
176before the first date that production expenditures are incurred
177in this state. The applicant shall provide the Office of Film
178and Entertainment with information required to determine whether
179the production is a qualified production and to determine the
180qualified expenditures and other information necessary for the
181office to determine eligibility for the tax credit.
182     (b)  Required documentation.-The Office of Film and
183Entertainment shall develop an application form for qualifying
184an applicant as a qualified production. The form must include,
185but need not be limited to, production-related information
186concerning employment of residents in this state, a detailed
187budget of planned qualified expenditures, and the applicant's
188signed affirmation that the information on the form has been
189verified and is correct. The Office of Film and Entertainment
190and local film commissions shall distribute the form.
191     (c)  Application process.-The Office of Film and
192Entertainment shall establish a process by which an application
193is accepted and reviewed and by which tax credit eligibility and
194award amount are determined. The Office of Film and
195Entertainment may request assistance from a duly appointed local
196film commission in determining compliance with this section.
197     (d)  Certification.-The Office of Film and Entertainment
198shall review the application within 15 business days after
199receipt. Upon its determination that the application contains
200all the information required by this subsection and meets the
201criteria set out in this section, the Office of Film and
202Entertainment shall qualify the applicant and recommend to the
203Office of Tourism, Trade, and Economic Development that the
204applicant be certified for the maximum tax credit award amount.
205Within 5 business days after receipt of the recommendation, the
206Office of Tourism, Trade, and Economic Development shall reject
207the recommendation or certify the maximum recommended tax credit
208award, if any, to the applicant and to the executive director of
209the Department of Revenue.
210     (e)  Grounds for denial.-The Office of Film and
211Entertainment shall deny an application if it determines that
212the application is not complete or the production or application
213does not meet the requirements of this section.
214     (f)  Verification of actual qualified expenditures.-
215     1.  The Office of Film and Entertainment shall develop a
216process to verify the actual qualified expenditures of a
217certified production. The process must require:
218     a.  A certified production to submit, in a timely manner
219after principal photography, digital production, or the digital
220media project ends and after making all of its qualified
221expenditures, data substantiating each qualified expenditure to
222an independent certified public accountant licensed in this
224     b.  Such accountant to conduct a compliance audit, at the
225certified production's expense, to substantiate each qualified
226expenditure and submit the results as a report, along with the
227required substantiating data, to the Office of Film and
228Entertainment; and
229     c.  The Office of Film and Entertainment to review the
230accountant's submittal and report to the Office of Tourism,
231Trade, and Economic Development the final verified amount of
232actual qualified expenditures made by the certified production.
233     2.  The Office of Tourism, Trade, and Economic Development
234shall determine and approve the final tax credit award amount to
235each certified applicant based on the final verified amount of
236actual qualified expenditures and shall notify the executive
237director of the Department of Revenue in writing that the
238certified production has met the requirements of the incentive
239program and of the final amount of the tax credit award. The
240final tax credit award amount may not exceed the maximum tax
241credit award amount certified under paragraph (d).
242     (g)  Promoting Florida.-The Office of Film and
243Entertainment shall ensure that, as a condition of receiving a
244tax credit under this section, marketing materials promoting
245this state as a tourist destination or film and entertainment
246production destination are included, when appropriate, at no
247cost to the state, which must, at a minimum, include placement
248of a "Filmed in Florida" or "Produced in Florida" logo in the
249opening credits and end credits and on all packaging material
250and hard media, unless prohibited by licensing or other
251contractual obligations. The size and placement of such logo
252shall be commensurate to other logos used. If no logos are used,
253the statement "Filmed in Florida using Florida's Entertainment
254Industry Financial Incentive," or a similar statement approved
255by the Office of Film and Entertainment, shall be used. The
256Office of Film and Entertainment shall provide a logo and supply
257it for the purposes specified in this paragraph.
262     (a)  Priority for tax credit award.-The priority of a
263qualified production for tax credit awards must be determined on
264a first-come, first-served basis within its appropriate queue.
265Each qualified production must be placed into the appropriate
266queue and is subject to the requirements of that queue.
267     (b)  Tax credit eligibility.-
268     1.  General production queue.-Ninety-four percent of tax
269credits authorized in any state fiscal year must be dedicated to
270the general production queue. The general production queue
271consists of all qualified productions other than those eligible
272for the commercial and music video queue or the independent
273production queue. A qualified production that demonstrates a
274minimum of $625,000 in qualified expenditures is eligible for
275tax credits equal to 20 percent of its actual qualified
276expenditures, up to a maximum of $12 million. A qualified
277production that incurs qualified expenditures during multiple
278state fiscal years may combine those expenditures to satisfy the
279$625,000 minimum threshold.
280     a.  An off-season certified production that is a feature
281film, independent film, or television series or pilot is
282eligible for an additional 5-percent tax credit on actual
283qualified expenditures. An off-season certified production that
284does not complete 75 percent of principal photography due to a
285disruption caused by a hurricane or tropical storm may not be
286disqualified from eligibility for the additional 5-percent
287credit as a result of the disruption.
288     b.  A qualified high-impact television series shall be
289allowed first position in this queue for tax credit awards not
290yet certified.
291     2.  Commercial and music video queue.-Three percent of tax
292credits authorized in any state fiscal year must be dedicated to
293the commercial and music video queue. A qualified production
294company that produces national or regional commercials or music
295videos may be eligible for a tax credit award if it demonstrates
296a minimum of $100,000 in qualified expenditures per national or
297regional commercial or music video and exceeds a combined
298threshold of $500,000 after combining actual qualified
299expenditures from qualified commercials and music videos during
300a single state fiscal year. After a qualified production company
301that produces commercials, music videos, or both reaches the
302threshold of $500,000, it is eligible to apply for certification
303for a tax credit award. The maximum credit award shall be equal
304to 20 percent of its actual qualified expenditures up to a
305maximum of $500,000. If there is a surplus at the end of a
306fiscal year after the Office of Film and Entertainment certifies
307and determines the tax credits for all qualified commercial and
308video projects, such surplus tax credits shall be carried
309forward to the following fiscal year and be available to any
310eligible qualified productions under the general production
312     3.  Independent production queue.-Three percent of tax
313credits authorized in any state fiscal year must be dedicated to
314the independent production queue. An independent Florida film or
315digital media project that meets the criteria of this
316subparagraph and demonstrates a minimum of $100,000, but not
317more than $625,000, in total qualified expenditures is eligible
318for tax credits equal to 20 percent of its actual qualified
319expenditures. To qualify for this tax credit, a qualified
320production must:
321     a.  Be planned as a feature film or documentary of at least
32270 minutes in length or be a digital media project.
323     b.  Employ legal residents of this state in at least two of
324the following key positions: writer, director, producer, star,
325or composer; or, in the case of a digital media project, employ
326legal residents of this state in at least two positions
327functionally equivalent to the positions of writer, director,
328producer, star, or composer.
329     4.  Family-friendly productions.-A certified production
330determined by the Commissioner of Film and Entertainment, with
331the advice of the Florida Film and Entertainment Advisory
332Council, to be family-friendly, based on the review of the
333script and the review of the final release version, is eligible
334for an additional tax credit equal to 5 percent of its actual
335qualified expenditures. Family-friendly productions are those
336that have cross-generational appeal; would be considered
337suitable for viewing by children age 5 or older; are appropriate
338in theme, content, and language for a broad family audience;
339embody a responsible resolution of issues; and do not exhibit or
340imply any act of smoking, sex, nudity, nontraditional family
341values, gratuitous violence, or vulgar or profane language.
342     (c)  Withdrawal of tax credit eligibility.-A qualified or
343certified production must continue on a reasonable schedule,
344which means beginning principal photography, or, in the case of
345a digital media project, the start date of the production, in
346this state no more than 45 calendar days before or after the
347date provided in the production's program application. The
348Office of Tourism, Trade, and Economic Development shall
349withdraw the eligibility of a qualified or certified production
350that does not continue on a reasonable schedule.
351     (d)  Election and distribution of tax credits.-
352     1.  A certified production company receiving a tax credit
353award under this section shall, at the time the credit is
354awarded by the Office of Tourism, Trade, and Economic
355Development after production is completed and all requirements
356to receive a credit award have been met, make an irrevocable
357election to apply the credit against taxes due under chapter
358220, against taxes collected or accrued under chapter 212,
359except that the credit authorized under this section may not be
360applied against discretionary sales surtaxes authorized under s.
361212.055, or against a stated combination of the two taxes. The
362election is binding upon any distributee, successor, transferee,
363or purchaser. The Office of Tourism, Trade, and Economic
364Development shall notify the Department of Revenue of any
365election made pursuant to this paragraph.
366     2.  For the fiscal years beginning July 1, 2010, and ending
367June 30, 2015, a qualified production company is eligible for
368tax credits against its sales and use tax liabilities and
369corporate income tax liabilities as provided in this section.
370However, tax credits awarded under this section may not be
371claimed against sales and use tax liabilities or corporate
372income tax liabilities for any tax period beginning before July
3731, 2011, regardless of when the credits are applied for or
375     (e)  Tax credit carryforward.-If the certified production
376company cannot use the entire tax credit in the taxable year or
377reporting period in which the credit is awarded, any excess
378amount may be carried forward to a succeeding taxable year or
379reporting period. A tax credit applied against taxes imposed
380under chapter 212 may be carried forward for a maximum of 5
381years after the date the credit is awarded. A tax credit applied
382against taxes imposed under chapter 220 may be carried forward
383for a maximum of 5 years after the date the credit is awarded,
384after which the credit expires and may not be used.
385     (f)  Consolidated returns.-A certified production company
386that files a Florida consolidated return as a member of an
387affiliated group under s. 220.131(1) may be allowed the credit
388on a consolidated return basis up to the amount of the tax
389imposed upon the consolidated group under chapter 220.
390     (g)  Partnership and noncorporate distributions.-A
391qualified production company that is not a corporation as
392defined in s. 220.03 may elect to distribute tax credits awarded
393under this section to its partners or members in proportion to
394their respective distributive income or loss in the taxable
395fiscal year in which the tax credits were awarded.
396     (h)  Mergers or acquisitions.-Tax credits available under
397this section to a certified production company may succeed to a
398surviving or acquiring entity subject to the same conditions and
399limitations as described in this section; however, they may not
400be transferred again by the surviving or acquiring entity.
402     (a)  Authorization.-Upon application to the Office of Film
403and Entertainment and approval by the Office of Tourism, Trade,
404and Economic Development, a certified production company, or a
405partner or member that has received a distribution under
406paragraph (4)(g), may elect to transfer, in whole or in part,
407any unused credit amount granted under this section. An election
408to transfer any unused tax credit amount under chapter 212 or
409chapter 220 must be made no later than 5 years after the date
410the credit is awarded, after which period the credit expires and
411may not be used. The Office of Tourism, Trade, and Economic
412Development shall notify the Department of Revenue of the
413election and transfer.
414     (b)  Number of transfers permitted.-A certified production
415company that elects to apply a credit amount against taxes
416remitted under chapter 212 is permitted a one-time transfer of
417unused credits to one transferee. A certified production company
418that elects to apply a credit amount against taxes due under
419chapter 220 is permitted a one-time transfer of unused credits
420to no more than four transferees, and such transfers must occur
421in the same taxable year.
422     (c)  Transferee rights and limitations.-The transferee is
423subject to the same rights and limitations as the certified
424production company awarded the tax credit, except that the
425transferee may not sell or otherwise transfer the tax credit.
426     (d)  Rulemaking.-The Department of Revenue may adopt rules
427to administer this subsection, as provided in subsection (7).
429     (a)  The aggregate amount of the tax credits that may be
430certified pursuant to paragraph (3)(d) may not exceed $75
431million per fiscal year.
432     (b)  Any portion of the maximum amount of tax credits
433established per fiscal year in paragraph (a) that is not
434certified as of the end of a fiscal year shall be carried
435forward and made available for certification during the
436following two fiscal years in addition to the amounts available
437for certification under paragraph (a) for those fiscal years.
438     (c)  Upon approval of the final tax credit award amount
439pursuant to subparagraph (3)(f)2., an amount equal to the
440difference between the maximum tax credit award amount
441previously certified under paragraph (3)(d) and the approved
442final tax credit award amount shall immediately be available for
443recertification during the current and following fiscal years in
444addition to the amounts available for certification under
445paragraph (a) for those fiscal years. Credit amounts are
446available for recertification only once under this paragraph.
447     (d)  If, during a fiscal year, the total amount of credits
448applied for, pursuant to paragraph (3)(a), exceeds the amount of
449credits available for certification in that fiscal year, such
450excess shall be treated as having been applied for on the first
451day of the next fiscal year in which credits remain available
452for certification.
454     (a)  The Office of Tourism, Trade, and Economic Development
455may adopt rules pursuant to ss. 120.536(1) and 120.54 and
456develop policies and procedures to implement and administer this
457section, including, but not limited to, rules specifying
458requirements for the application and approval process, records
459required for substantiation for tax credits, procedures for
460making the election in paragraph (4)(d), the manner and form of
461documentation required to claim tax credits awarded or
462transferred under this section, and marketing requirements for
463tax credit recipients.
464     (b)  The Department of Revenue may adopt rules pursuant to
465ss. 120.536(1) and 120.54 to administer this section, including
466rules governing the examination and audit procedures required to
467administer this section and the manner and form of documentation
468required to claim tax credits awarded or transferred under this
472     (a)  Audit authority.-The Department of Revenue may conduct
473examinations and audits as provided in s. 213.34 to verify that
474tax credits under this section are received, transferred, and
475applied according to the requirements of this section. If the
476Department of Revenue determines that tax credits are not
477received, transferred, or applied as required by this section,
478it may, in addition to the remedies provided in this subsection,
479pursue recovery of such funds pursuant to the laws and rules
480governing the assessment of taxes.
481     (b)  Revocation of tax credits.-The Office of Tourism,
482Trade, and Economic Development may revoke or modify any written
483decision qualifying, certifying, or otherwise granting
484eligibility for tax credits under this section if it is
485discovered that the tax credit applicant submitted any false
486statement, representation, or certification in any application,
487record, report, plan, or other document filed in an attempt to
488receive tax credits under this section. The Office of Tourism,
489Trade, and Economic Development shall immediately notify the
490Department of Revenue of any revoked or modified orders
491affecting previously granted tax credits. Additionally, the
492applicant must notify the Department of Revenue of any change in
493its tax credit claimed.
494     (c)  Forfeiture of tax credits.-A determination by the
495Department of Revenue, as a result of an audit or examination by
496the Department of Revenue or from information received from the
497Office of Film and Entertainment, that an applicant received tax
498credits pursuant to this section to which the applicant was not
499entitled is grounds for forfeiture of previously claimed and
500received tax credits. The applicant is responsible for returning
501forfeited tax credits to the Department of Revenue, and such
502funds shall be paid into the General Revenue Fund of the state.
503Tax credits purchased in good faith are not subject to
504forfeiture unless the transferee submitted fraudulent
505information in the purchase or failed to meet the requirements
506in subsection (5).
507     (d)  Fraudulent claims.-Any applicant that submits
508fraudulent information under this section is liable for
509reimbursement of the reasonable costs and fees associated with
510the review, processing, investigation, and prosecution of the
511fraudulent claim. An applicant that obtains a credit payment
512under this section through a claim that is fraudulent is liable
513for reimbursement of the credit amount plus a penalty in an
514amount double the credit amount. The penalty is in addition to
515any criminal penalty to which the applicant is liable for the
516same acts. The applicant is also liable for costs and fees
517incurred by the state in investigating and prosecuting the
518fraudulent claim.
519     (9)  ANNUAL REPORT.-Each October 1, the Office of Film and
520Entertainment shall provide an annual report for the previous
521fiscal year to the Governor, the President of the Senate, and
522the Speaker of the House of Representatives which outlines the
523return on investment and economic benefits to the state.
524     (10)  REPEAL.-This section is repealed July 1, 2015, except
525that the tax credit carryforward provided in this section shall
526continue to be valid for the period specified.
527     Section 2.  Subsection (8) of section 220.02, Florida
528Statutes, is amended to read:
529     220.02  Legislative intent.-
530     (8)  It is the intent of the Legislature that credits
531against either the corporate income tax or the franchise tax be
532applied in the following order: those enumerated in s. 631.828,
533those enumerated in s. 220.191, those enumerated in s. 220.181,
534those enumerated in s. 220.183, those enumerated in s. 220.182,
535those enumerated in s. 220.1895, those enumerated in s. 221.02,
536those enumerated in s. 220.184, those enumerated in s. 220.186,
537those enumerated in s. 220.1845, those enumerated in s. 220.19,
538those enumerated in s. 220.185, those enumerated in s. 220.187,
539those enumerated in s. 220.192, those enumerated in s. 220.193,
540and those enumerated in s. 288.9916, and those enumerated in s.
542     Section 3.  Paragraph (z) is added to subsection (8) of
543section 213.053, Florida Statutes, to read:
544     213.053  Confidentiality and information sharing.-
545     (8)  Notwithstanding any other provision of this section,
546the department may provide:
547     (z)  Information relative to tax credits taken under s.
548288.1254 to the Office of Film and Entertainment and the Office
549of Tourism, Trade, and Economic Development.
551Disclosure of information under this subsection shall be
552pursuant to a written agreement between the executive director
553and the agency. Such agencies, governmental or nongovernmental,
554shall be bound by the same requirements of confidentiality as
555the Department of Revenue. Breach of confidentiality is a
556misdemeanor of the first degree, punishable as provided by s.
557775.082 or s. 775.083.
558     Section 4.  Paragraph (q) is added to subsection (5) of
559section 212.08, Florida Statutes, to read:
560     212.08  Sales, rental, use, consumption, distribution, and
561storage tax; specified exemptions.-The sale at retail, the
562rental, the use, the consumption, the distribution, and the
563storage to be used or consumed in this state of the following
564are hereby specifically exempt from the tax imposed by this
567     (q)  Entertainment industry tax credit; authorization;
568eligibility for credits.-The credit shall be deducted from any
569sales and use tax remitted by the dealer to the department by
570electronic funds transfer and may only be deducted on a sales
571and use tax return initiated through electronic data
572interchange. The dealer shall separately state the credit on the
573electronic return. The net amount of tax due and payable must be
574remitted by electronic funds transfer. If the credit for the
575qualified expenditures is larger than the amount owed on the
576sales and use tax return that is eligible for the credit, the
577unused amount of the credit may be carried forward to a
578succeeding reporting period as provided in s. 288.1254(4)(e). A
579dealer may only obtain a credit using the method described in
580this subparagraph. A dealer is not authorized to obtain a credit
581by applying for a refund.
582     Section 5.  If any provision of this act or the application
583thereof to any person or circumstance is held invalid, the
584invalidity shall not affect other provisions or applications of
585the act which can be given effect without the invalid provision
586or application, and to this end the provisions of this act are
587declared severable.
588     Section 6.  This act shall take effect July 1, 2010.

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