§ 2-19-95. Film commissioner assistance and incentives.

(a)

Private venue assistance. In addition to facilitating filming activities in, on or over government property, the film commissioner is authorized to assist persons or entities seeking to conduct filming activities in or on privately-owned property or facilities within the county. Such assistance may include identification of suitable locations, maintenance of lists of private property owners or businesses which have expressed willingness to permit such activities, and ensuring such persons or business entities receive public credit from the county and the film producers for their willingness to support the filming activity. The film commissoner is also authorized to administer the film incentive program established in subsection (b) of this section.

(b)

Film incentive program. There is hereby created the Manatee County Film Incentive Program. The program 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 (referred to herein as applicant) and consists of incentives which may include a cash incentive, a premium cash incentive and/or in-kind contributions.

(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:

1.

$0 up to $250,000 project budget ..... $0 incentive

2.

$250,000 up to $500,000 project budget ..... $25,000 incentive

3.

$500,000 up to $1,000,000 project budget ..... $35,000 incentive

4.

$1,000,000 up to $5,000,000 project budget ..... $50,000 incentive

5.

$5,000,000 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 forty-five (45) days after completion of principal photography. Pre-certified 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:

1.

Production cost report or general ledger demonstrating expenses paid,

2.

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

3.

Hotel room pick up sheets establishing the percentage of hotel day filming occurred in the county,

4.

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 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 two hundred fifty thousand dollars ($250,000.00) or fifty (50) per cent 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:

1.

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

2.

Project must be set in and ninety (90) per cent filmed in the county.

3.

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

4.

Project must provide meaningful promotion of the county.

5.

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

6.

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:

1.

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

2.

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

3.

Incentive agreement shall require the recipient, prior to receipt of the incentive payment, to either refund twenty-five (25) per cent of the incentive within one year of completion of principal photography regardless of whether the finished project has sold or been profitable, to refund fifty (50) per cent of the incentive prior to payment of any other investor/creditor within one year of completion of principal photography if the project sells within the year, or to refund up to one hundred (100) per cent of the incentive within one 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:

1.

Free beach filming - saving up to two hundred fifty dollars ($250.00) per day.

2.

Free park filming - saving up to one hundred fifty dollars ($150.00) per day.

3.

Free county property filming -saving up to one hundred dollars ($100.00) per day.

4.

Free filming at Port Manatee - saving up to two hundred fifty dollars ($250.00) per day.

5.

Free filming at area hospitals - saving up to one hundred dollars ($100.00) per day.

6.

Free airport filming - saving up to two hundred fifty dollars ($250.00) per day.

7.

Free courthouse filming - saving up to one hundred dollars ($100.00) per day.

8.

Free room for producer with room block of twenty-five (25) rooms booked (three hundred dollars ($300.00) per night value).

9.

Free office space in county facilities - saving up to one hundred fifty dollars ($150.00) per day.

10.

Discounted convention center business center usage copy machine, fax and office supplies (per BAFC "chart of fees" one copy = five (5) cents; etc) - saving up to one hundred dollars ($100.00) per day

11.

Free usage of mobile stage rental (fourteen (14) feet x thirty-six (36) feet dimensions)- saving up to five hundred dollars ($500.00) per day.

12.

Two (2) star properties as low as eighty-nine dollars ($89.00) per night ("Friends of Film" hotel rate per star level).

13.

Three (3) star properties as low as one hundred nine dollars ($109.00) per night ("Friends of Film" hotel rate per star level).

14.

Four (4) star properties as low as one hundred twenty-nine dollars ($129.00) per night ("Friends of Film" hotel rate per star level).

15.

Free meeting space at Bradenton Area Convention Center and Powel Crosley Estate - saving up to two hundred fifty dollars ($250.00) per day.

16.

Discount for film crew transportation.

17.

Free parking on county property - saving fifty dollars ($50.00) per day.

18.

Free access entry to attractions - saving fifty dollars ($50.00) per day.

19.

Free filming at Powel Crosley Estate and Bradenton Area Convention Center - saving two hundred fifty dollars ($250.00) per day.

20.

Coordination with other Florida film commissions on regional projects.

21.

Assistance with award of Film Florida's film incentives.

22.

Co-branded drink tumblers, cool bands, towels, t-shirts and other promotional materials for crew up to twenty-five (25) (value of two thousand dollars ($2,000.00)).

23.

Wrap reception.

b.

The county shall not be responsible for the failure of any private or governmental third party to honor the offer of any in-kind benefits the third party may have authorized the film commissioner to include within an in-kind incentive award such as hotel or venue discounts.

(c) Precertification. Applicants desiring the development of an incentive award offer should file an application including a budget, proof of financial soundness, shoot schedule and call sheet prior to filming. Upon receipt of the application, the film commissioner will develop an incentive package, communicate the incentive package offer and agreement to the applicant, and begin monitoring the project and make set visits to ensure filming is taking place in the county. Precertification also allows the film commissioner to limit the number of incentive awards granted so as to remain within budget.

(d)

Administration. The Manatee Film Commissioner is authorized to develop such forms, agreements and procedures as may be deemed necessary to implement this program. Actual cash award amounts shall be within the sole discretion of the film commissioner and payment shall be subject to the availability of budgeted tourist development funds and compliance with agreement terms.

(Ord. No. 10-66, § 7, 11-9-10; Ord. No. 14-46, § 1, 10-7-14)