www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 7, 2014
REVISED October 7, 2014 - Regular Meeting
Agenda Item #38


Subject
Film Incentive Program Ordinance 14-46

Briefings
None

Contact and/or Presenter Information

Presenter:  Elliott Falcione, Executive Director, CVB, x5913

Contact Person:  Monica Luff, Sr. Admin. Spec., CVB, x5913



Action Requested
Adoption of Ordinance 14-46

Enabling/Regulating Authority
Florida Statutes Chapter 125

Background Discussion

The purpose of this Ordinance 14-46 is to attract film production companies to film in the Bradenton Area and not go elsewhere based on the incentives they may get in another municipality or county. Many other destinations in Florida have similar incentive programs so this will help us better compete for film business.

  • The Film Incentive Program outlined in this Ordinance will focus on attracting film productions that are scouting venues in or planning on filming in Florida.  The program is open to any film producer or production company (with a project up to an MPAA rating of "R") and consists of incentives which may include a cash incentive, a premium cash incentive, and/or in-kind contributions.
  • This Ordinance defines the qualifications of the Film Incentive Program. 

(1)  Cash incentive.

(A)  The cash incentive may not be given in conjunction with a special cash incentive, but may be given in conjunction with an in-kind incentive award.  The maximum project budget based cash incentives are as follows:

(i)  $0 up to $250,000 project budget  =  $ 0 incentive

(ii) $250,000 up to $500,000 project budget =   $25,000 incentive

(iii)  $500,000 up to $1 million project budget =    $35,000 incentive

(iv)  $1 million up to $5 million project budget = $50,000 incentive

(v)  $5 million or greater project budget   by agreement

 

 (B)  Calculation.  Cash incentives will be calculated based on a formula which approximates the value of the project to the commission as follows:  Maximum award multiplied by the percentage of shoot days in the county multiplied by the percentage of hotel days in the county equals the actual dollar award.

 

 (C)  Payment.  To allow for use of funds for post-production expenses, the cash incentive would be paid to the applicant no sooner than 45 days after completion of principal photography.  Precertified applicants who wish to receive their cash incentive payment must complete such payment request forms as may be required by the Film Commissioner and must be accompanied by the following support documents: 

(i)  Production cost report or general ledger demonstrating expenses paid,

(ii)  Call sheets establishing the percentage of days filming occurred in the county,

(iii)  Hotel room pick up sheets establishing the percentage of hotel days filming occurred in the county,

(iv)  A copy of the rough assembly of film submitted on DVD/Flash drive.  This requirement may be waived if the applicant is a Qualified Producer.  For purposes of this program, a Qualified Producer will, based on IDMb ratings and history, have at least five (5) completed feature films or television episodes and at least one (1) feature film with a theatrical release or television series that has been aired on a national studio or cable network.

(2)  Premium cash incentive.

 (A)  The premium cash incentive will be limited to no more than one per fiscal year and may not be given in conjunction with a cash incentive but may be given in conjunction with in-kind incentives.

 

(B)  Calculation.  Premium cash incentives will be the lower of $250,000 or 50% of the project budget.

 

(C)  Eligibility.  To be eligible for the award of a premium cash incentive, a project must, as demonstrated in the prequalification application, meet the following criteria:

(i)  Project must be a feature film intended for theatrical release or television pilot or series.

(ii)  Project must be set in, and 90% filmed in the county.

(iii)  Project must have a national distributor in place on date of application.

(iv)  Project must provide meaningful promotion of the county.

(v)  Project must have an MPAA rating of G, PG, PG-13 or R.

(vi)  Project must have at least one Qualified Producer. 

 

(D)  Special payment and payback conditions.  Premium cash incentive award projects shall be subject to the following minimum conditions:

(i)  Project must provide proof of remaining funding (in escrow, not a letter of intent) prior to payment of incentive funding.

(ii)  Funding will be released at commencement of principal photography within the county.

(iii)  Incentive agreement shall require the recipient, prior to receipt of the incentive payment, to either refund 25% of the incentive within one (1) year of completion of principal photography regardless of whether the finished project has sold or been profitable, to refund 50% of the incentive prior to payment of any other investor/creditor within one (1) year of completion of principal photography if the project sells within the year, or to refund up to 100% of the incentive within one (1) year of completion of principal photography if the project sells within the year, with all other investors/creditors being paid on a pro rata basis. 

 

(3)  In-kind incentive.

 

(A)  In-kind incentives may be awarded with or without cash incentives.  In-kind incentives may include both incentives offered by the county as well as incentives offered in conjunction with third parties, such as private businesses, governmental entities or non-profit entities.  In-kind incentives may include, but are not limited to, the following:

(i)  Free Beach filming - saving up to $250/day

(ii)  Free Park filming - saving up to $150/day

(iii)  Free county property filming  – saving up to  $100/day

(iv)  Free filming at Port Manatee  - saving up to $250/day

(v)  Free filming at area hospitals - saving up to $100/day

(vi)  Free airport filming - saving up to $250/day

(vii)  Free courthouse filming -  saving up to $100/day

(viii)  Free room for producer with room block of 25 rooms booked ($300 per night value)

(ix)  Free office space in county facilities – saving up to $150/day

(x)  Discounted convention center business center usage copy machine, fax and office supplies (per BAFC “chart of fees” 1 copy =5¢, etc) – saving up to $100/day

(xi)  Free usage of mobile stage rental (14’ x 36’ dimensions) - saving up to $500/day

(xii)  Two star properties as low as $89/night (“Friends of Film” hotel rate per star level)

(xiii)  Three star properties as low as $109/night (“Friends of Film” hotel rate per star level)

(xiv)  Four star properties as low as $129/night (“Friends of Film” hotel rate per star level)

(xv)  Free meeting space at Bradenton Area Convention Center and Powel Crosley Estate - saving up to $250/day.

(xvi)  Discount for film crew transportation

(xvii)  Free Parking on county property – saving $50/day

(xviii)  Free access/entry to attractions – saving $50/day

(xix)  Free Filming at Powel Crosley Estate and Bradenton Area Convention Center – saving $250/day

xx)  Coordination with other Florida film commissions on regional projects

(xxi)  Assistance with award of Film Florida’s film incentives(xxii)  Co-branded drink tumblers, cool bands, towels, t-shirts and other promotional materials for crew up to 25 (value of $2,000)

(xxiii)  Wrap reception

  •  This Film Incentive Program was included as a "Desired Unit" in the CVB's Fiscal 2015 budget, which the TDC recommended approval on May 15, 2013; and was ultimately approved by BCC on September 24, 2013.
  • Notice of Public Hearing was provided in local newspaper on  September 27, 2014.
  • All funds involved are tourism taxes, NOT ad valorem taxes.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Rob Eschenfelder drafted the Ordinance.

Reviewing Attorney
Eschenfelder

Instructions to Board Records

Codify ordinance as provided.

Send copy of signed Ordinance to Monica Luff, CVB

Copy of approved agenda memo to Monica Luff (monica.luff@mymanatee.org)



Cost and Funds Source Account Number and Name
1030002202548000 CVB Promotions - Promotional Activities

Amount and Frequency of Recurring Costs
$15,000 for FY 2015; recurring costs with amount being reviewed and budgeted annually


Attachment:  Film Incentive ORD 14-46.pdf
Attachment:  Ord 14-46 - Notice of Public Hearing.pdf