Hollis Batchelor, Council Chair at 2:00 pm, called the Florida Film & Entertainment Advisory Council meeting to order.

ATTENDANCE:
Chair: Hollis Batchelor

Members present: Dr. Lew Klechek (Vice Chair)/Jeff Peel/Leslie Bartlett/Mary Hinton/Frank "Bud" Nocera/Katie Waters/Paul Meena/Barry Plans/Lucia Fishburne/Bo Taff

Members absent: Don Ungarit, Ph.D (Excused)/J. Ronald Castell (Excused)/Arlene Herson (Excused)/Jasper Balance (Excused)/Daphne Boyd (Excused)/Patrick Keating (Excused)/Michael Anapolski (Excused)/Dawn Guzzetta (Unexcused)

Staff: Audrey L. Anderson/Robert Grimm

Guests: Todd Roobin (Jacksonville Film Commissioner/President of Film Florida)/S.L. Metheny/Alex Kobryn (AMTV)

OLD BUSINESS
Hollis Batchelor asked for an approval and to waive the reading of the June 11, 2002 meeting minutes.

Dr. Lew Klechek motioned for approval.

Mary Hinton seconded.

Motion carried.

Discussion of Member Appointments:
Mr. Batchelor stated that two new members were appointed to the council, Katie Waters from Orlando, who was appointed by the Governor and Dr. John Welch from Sarasota, who was appointed by the Senate President.

Ms. Waters stated that she was not aware that the Senate President had any appointment to make because it was not published. The two that the Speaker of the House appointed were published and the Governor's appointments were published. In the future open seats should be posted.

Mr. Grimm asked if everyone had an up to date contact list of the council members? He stated that the most recent one he had was from 8/28/02 and that he would have the most up to date FFEAC member contact list emailed to everyone.

Mr. Meena stated that some terms of members had expired and requested that we add the renewal dates to the list.

NEW BUSINESS

Bad Boys II
H. Batchelor stated that Jeff Peel had not arrived to make the "Bad Boys II" report so R. Grimm was asked to update the council.

R. Grimm stated that filming is still on going and that they have been getting better press. He also stated that the State Film Commissioner, Rebecca Mattingly had sent a letter that was published in the Palm Beach Post. They will be shooting in Delray shortly. There are also four major productions, two other movies and two television shows shooting currently in the State.

H. Batchelor stated that commercial production in South Florida is doing well.

M. Hinton stated that Delray was having some bad publicity and Rebecca sent a letter and attitudes of everyone were wonderful after that.

A. Anderson stated that Ally Hugg-Fields posts a weekly "What's Shooting" list on the website filminflorida.com. It is a list of all the productions in the state that we know about.

P. Meena asked, when something going on in the state produces bad publicity, should the FFEAC board get involved or should the State Film Commissioner speak on behalf of this board?

H. Batchelor stated that with Rebecca (State Film Commissioner) being in her Executive position, she is the one to handle an issue on behalf of the FFEAC and the State Film Office. The FFEAC can endorse the Commissioner's actions with a letter to the Governor from the FFEAC supporting her position on an issue.

R. Grimm stated that he agrees with H. Batchelor, that it is Rebecca's roll as State Film Commissioner to get involved and move forward because she is the point person for the state, but in the case of an extreme emergency the Executive committee can meet with a 24 or 48 hour notice to deal with the situation.

L. Fishburne stated that this is still in the "Sunshine"

Dr. Lew Klechak replied, absolutely

B. Nocera stated that it would be appropriate for the FFEAC to stand behind Rebecca's position she took in the letter printed in the "Palm Beach Post."

L. Bartlett motioned that the FFEAC write a letter in support of the Film Commissioner's actions re: "Bad Boys II" MacAurthur Causeway closing for filming.

M. Hinton seconded the motion

H. Batchelor called for discussion

Dr. Lew Klechak stated that H. Bachelor did a wonderful job writing the letter to the Governor on behalf of Rebecca once before and another letter from Hollis would be great. This letter would go to the Governor and the person/persons that the Commissioner had sent letters to.

L. Fishburne stated that the letter should say that the FFEAC felt that Commissioner Mattingly represented the Film Industry properly with a letter to newspapers during the closing of the MacAurthur causeway for the filming of "Bad Boys II"

R. Grimm stated that since this issue has passed it may not be good to re-open it by sending more letters to newspapers. Mr. Grimm indicated that a vote from the FFEAC to write a letter to the Governor in support of the Commissioner might be a good idea. Also, he stated that the FFEAC should consider writing letters in support of the OFE for future situations that might require a letter from the Council in support of the industry.

K. Waters asked what R. Grimm had suggested could be done.

H. Bachelor stated, that the FFEAC could have the Executive committee meet and come up with a plan of action.

H. Bachelor called for further discussion on the issue and there was none.

J. Peel stated that "Bad Boys II" would be shooting in Florida thru the end of the year if not into January and they will be back from time to time doing various road closures to shoot missed shots. There were five months of preliminary discussion about the closing of the MacArthur causeway with agencies including FDOT, Coast Guard, Police agencies, Fire agencies, FAA etc. Shutting the road down was successful with a minimum amount of public disruption. The "Miami Herald's" parking lot is at the end of the MacAurthur Causeway and they could not get to work. Mr. Peel stated that he was the only person on the news in favor of the movie being filmed there. Rebecca Mattingly, State Film Commissioner and he were there everyday for the closing. Everything went very well other than the first day. Everyone had to get used to where they should go and the police departments figuring out how to do the jobs that they were actually supposed to do. Emails have been sent to the Miami Mayor's Film Office in support of and against and on balance the closure was successful. If one read the press, it was not successful. Unfortunally, the press has really upset the politicians. The City of Miami Beach denied the "Rain-day" permits. "Bad Boys II" asked for two days to come back and shoot scenes from days that it rained. It turned out the rain dates they had in the original permit were also the first days of school and the Herald made a big deal out of it. The City of Miami Beach decided that they would not concur with the FDOT permit, which is required. The City of Miami Beach and the City of Miami are at the two ends of the causeway and the FDOT requires both Cities to signoff. Miami Beach declined to signoff on the "Rain Days." So, "Bad Boys II" is not currently scheduled to do anymore filming on the causeway. During the filming of "Bad Boys II" the Film Commissioner for Miami Beach resigned for reasons unknown. "Bad Boys II" did not do a good job of courting the press. The next step is to send an to the Mayor's of Miami and Miami Beach, the Producers of "Bad Boys II", the "Fast and the Furious II", SAG, IASA 600, IASA 477, DOT, The Beacon Council, Chamber of Commerce, and Visitors and Convention Bureau to discuss what the next step will be. The idea of the meeting is to discuss ways to move forward and have a press release at the end of the meeting that will say, "We still stand behind the Film Industry in South Florida." This production will spend a minimum of 20 million dollars. Which makes "Bad Boys II" the largest movie to ever be filmed in South Florida.

There was a unanimous vote by the members present to support Rebecca Mattingly's letter to newspapers and have H. Batchelor write a letter to the Governor on behalf of the Council.

RFP (Request for Price) Bi-Annual Economic Assessment- Verbal Presentation by Audrey L. Anderson

The Economic Assessment is a biannual motion picture industry assessment. The OFE is directed to develop and implement a five-year strategic plan, develop methodology for working with local entertainment industry promotion offices in providing service to the industry, and serve as a liaison between government and the entertainment industry and labor interests. As the state's agency for the economic development of the film and entertainment industry in Florida, the OFE provides "wholesale" services and support to a variety of customers/constituents, with a variety of needs. Whether its facilitating a request from a production entity to film on a state location, speaking before a local governments body to support local film efforts, engaging in a sales and trade mission to recruit production entities to Florida or solving a labor relations crisis, the OFE strives to be the one-stop shop for film and entertainment industry support in the State of Florida.

The goal of the 2001-2002 assessments is to assess the industry's growth and trends, by picking up where the previous study left off via the requirements of the RFP.

The final notice for RFP 254 was posted on the website and the contract was awarded to Economic Research Associates (ERA). The length of the contract is 3 months. ERA, ICF Consulting, and MGT of America Inc. were the three companies that bided on the project.

P. Meena asked if the report would be detailed enough that it would be by region?

His question was answered with a yes.

L. Fishburne stated that she provided some input on the RFP and that she was one of the reviewers. She also stated that she was really please that the study was being conducted and that this group (ERA) had been awarded with the project and that this will be a very strong study.

M. Hinton stated that this study is going to be great in helping to get more economic development funds.

New York Sales Trade Mission Verbal Presentation by Robert Grimm:
R.Grimm stated that the OFE supports this mission and the event will take place from October 29 thru November 2, 2002 in New York. On October 29, a reception, October 30 - 31, productionEAST Trade Show, and October 31 - November 2, Photo plus. Photo plus is a production show for the print and imaging industry and if anyone is interested in attending they can contact Maggie McCarty who is the Collier County Film Commissioner.

A. Anderson stated that the OFE has designed a very nice exhibit booth for the tradeshow and pictures will be taken.

License Plate Verbal Presentation by Mary Hinton:
The OFE is exploring the creation and distribution of an entertainment-specific specialty license place. Funds collected from plate sales could be used for an industry financial incentive to attract new production and infrastructure to our state and expand the indigenous production industry in Florida.

The FFEAC License Plate committee had their first meeting via teleconference on Friday, August 30, 2002 to discuss the possibility of an Entertainment Specialty license plate. The committee discussed artwork competition to decide what the plates would look like, a survey of 15,000 people to see who would purchase the license plate, the legislative process, and fundraising.

M. Hinton stated that in order to have this project placed before the legislature in 2003, it would take 15,000 signatures and raising $60,000 for the Department of Highway Safety & Motor Vehicles (DHSMV) 90 days before the next legislative session for approval. Members unanimously thought the 2004 Legislative Session was the best date to set as a goal. Fundraising activities would began in January of 2003 for the 2004 legislative session. It would also be good to involve the local film commissioners by setting up fundraising events in the major urban areas of the state.

R. Grimm stated that he has started a request for price (RFP) to companies that could complete a survey to see if people will purchase the tag. He stated, that the OFE could pay for the survey through office funds.

P. Meena stated that before a company is paid $25,000 just to do a survey, the FFEAC should table the license plate once more to make sure this is money being well spent.

L. Fishburne suggested that the License Plate committee come up with some recommendations of possible companies to do the survey and present them to the FFEAC at the next meeting.

R. Grimm indicated that a RFP was in process to obtain costs of doing a survey and what was entailed.

J. Peel stated that there is an "Arts" plate and he would like to know who benefits from that plate. He also stated that the entertainment industry falls in the description of who would benefit from the "Arts" license plate.

B. Nocera indicated that according to a study done by the University of North Florida for Visit FLA, the results showed that it would not be cost effective for Visit FLA to proceed with the a specialty license plate and that it may not be cost effective for the OFE to proceed with the plate as well. The UNF study also found that it would take a minimum of two years to break even. He also stated that he supports the concept of the entertainment specialty plate if it could be shown to be cost effective.

P. Meena asked B. Nocera if the study that the University of North Florida conducted was available.

B. Nocera stated that the study was done about five years ago, but it should be in their archives and that he would try and locate it.

The License plate committee agreed to have another meeting to discuss the input from the FFEAC members and review the cost of the initial survey for the next quarterly meeting in December.

All FFEAC members thought that if an entertainment specialty license plate were to be pursued it should be done during 2003 for the 2004 Session.

Legislation - Verbal presentation by Robert Grimm:
R. Grimm stated that there were some changes made to the language of our legislation.
A reimbursement of 15% of its qualifying expenditures within this state on motion picture, made for television movie with a running time of 90 minutes or more, commercial, music video, industrial and educational film, and television program was added at the request of FFEAC members at the last meeting. Made-for-television movies, industrial and educational films were also added to the language. The sum of $40 million was discussed as a request to be appropriated from the General Revenue Fund to the Office of Tourism, Trade, and Economic Development to implement this act in the 2003-2004 fiscal year. The legislation also contains language that allows the Office of Tourism, Trade, and Economic Development may use up to $50,000 for staff and administrative cost to implement this act.

H. Batchelor stated that he likes the figure $850,000, as a minimum production expenditure to be eligible for the rebate. It is not unusual for a production to spend this on a commercial and that commercials are a big benefit to this state. This figure is high enough where the money wouldn't be wasted.

J. Peel stated that there are feature films and television shows that will spend more than $850,000 and other categories will be considered high end. If it's made low enough where music videos qualify that would make it a very low number for feature films and the money will go really fast.

P. Meena stated that we should keep in mind this is an incentive to help large productions to come here because that's how the $40 million is justify with the state. The $850,000 is a good number.

K. Waters stated that she knew of people that were having problems having their certificates honored at merchants in Miami. Merchants have said that the certificates are photocopies and do not look real. At Home Depot it could not be used unless paying cash and they are being passed from show to show. Maybe a different way of presenting the certificate should be thought of. A debit card with an expiration date and the certificate number on it would be a good way of presenting the certificate.

P. Meena stated that was the first he had heard of the certificate not being accepted. Maybe a letter coming out of the Governor's Office from Rebecca reminding vendors throughout the state that this certificate should be accepted and in that same letter tell the production industry that the certificate should not be abused.

K. Waters stated that each time a certificate is awarded a letter from Rebecca with the rules and reminding them not to abuse the certificate should go with it. Also, a letter should go to Local-477.

R. Grimm stated that using the certificate from show to show is illegal if expired, and that in order to change the certificate, the rule that carries out the legislation would have to be changed. In order to change anything with the form or certificate, the rules would have to change, which is a very complicated process.

J. Peel stated, if the certificates are being used from show to show that someone needs to send a communication out saying that can not be done because someone could go to jail for it.

L. Fishburne stated that we should be concerned about going to the legislature with anything major this year and that protected the industry incentive should be the important item on the agenda, but at the same time changing the paper tax exemption certification to a card is not asking a lot and it shows accountability.

P. Meena asked if on page 2 section (e) there should be more as to how many employees or length of stay. He asked, before money is given to a company for relocation, should this be more detailed? The board should approve working on getting the language approved by the legislature and get the fiscal approved later.

H. Batchelor asked that the bill be filed as is and the legislative committee meet and make all of the necessary corrections and changes to the language in the bill for the December meeting. If the changes to the language in the bill are made to the satisfaction of the FFEAC, then the Council will endorse the final draft of the bill.

Motion Carried

P. Meena read the names of the Legislative committee:
Chair-Dr. Lew Klechak
Dawn Guzzetta/Paul Meena/Patrick Keating/Mary Hinton/Arlene Herson/Micheal Anapolski/Katie Waters/Barry Plans

Department of Business & Professional Regulation (DBPR) Talent Agent Regulation Update-Verbal Hollis Batchelor
Upon the advisement of the Florida Film & Entertainment Advisory Council, the Office of Film & Entertainment conducted three public meetings to seek industry input on the laws and rules governing the regulation of Florida talent agencies by the Department of Business and Professional Regulation (DBPR). Ad hoc committees consisting of volunteer talent agents were establishing in each Miami, Tampa, and Orlando to represent to provide insight and technical expertise on the subject, as well as to answer questions and gain feedback from the industry.
H. Batchelor stated that many of the issues the Talent agents discussed would require legislative action. There were 6 issues brought up at every meeting and they are:

  1. Why are talent agents regulated in Florida? H. Bachelor stated that all agreed that regulation needed to continue.
  2. It is necessary to amend the current Administrative Code and Florida Statute Chapter 468, Regulation of Talent Agencies, the rules and laws outlining the regulation of talent agents. By clarifying and updating specific sections, the laws and rules will more accurately reflect the current industry standard, and the DBPR will be able to more effectively enforce them. Currently there are many gray areas within both the rules and the law that make the enforcement process difficult. H. Bachelor stated that DBPR has a very difficult time understanding what it is talent agents do and efficiently regulating them.
  3. The DBPR needs to provide more communication and outreach to licensed talent agents and the general public regarding any administrative changes, the importance of regulation, and the consequences of conducting or participating in unlicensed activity. H. Bachelor stated DBPR need to let people know that unlicensed activity is a third degree felony in the state of Florida.
  4. Draft laws that will eliminate so-called "Model Searches" or "portfolio-factories" that scam a large amount of people in a short amount of time. H. Bachelor stated this is a very serious problem in the State of Florida. This will have to take legislative change.
  5. Investigate further whether both entertainment Managers and/or Casting Directors should be regulated or included in a more definitive manner in Florida Statute Chapter 468, Regulation of Talent Agencies. H. Bachelor stated managers could be and casting directors could not be regulated. Casting directors do not represent talent or get their income from talent. The work for the producers and are on management side and they are employers. California just made changes in their laws that regulate casting directors. Casting directors are offering schools and people pay them money in order to get employment in the future.
  6. DBPR needs to more aggressively investigate unlicensed activity and enforce regulations. H. Batchelor proposed that we enlist the help of the local Film Commissions around the state to help and take a new stance on this. I am recommending that the DBPR consider hiring an independent contractor to handle this matter. The local Film Commissions can contact their local State Attorneys and advise them that these laws exist and if someone is violating these laws, they should be prosecuted because there are criminal penalties under these laws. I would ask that on an annual bases, the local Film Commissions send a copy of the yellow pages to the independent contractor so they can check to see if all of the people listed as talent agents in the state are licensed and if they are not licensed then take the necessary steps to get them licensed.

Orlando Film Office/EDC Update Verbal-Katie Waters:
Katie Waters stated as of October 1, 2002 the Metro Orlando Economic Development Commission (EDC) announces an organizational restructuring that led to the elimination of their Film Commission's senior vice president position, among other high level EDC positions. Representatives of the Metro Orlando Office of Film & Entertainment will continue to provide permitting, scouting assistance, industry communications and marketing within the four-county Orlando region.
There will be a meeting set for Friday, September 20, 2002 with Chairman Crotty, a representative from the City of Orlando, and a number of people from the EDC to find out how we can use the resources we have to move forward. She also stated that she had been told that maybe the Metro Orlando Film Office does not belong in the EDC and that perhaps this industry sector can be better served within city or county government, rather than a public-private partnership organization.

J. Peel motioned that the FFEAC pass a resolution of support for an active film commission in the Orlando area.

K. Waters seconded

H. Bachelor called for discussion

Motion Carried

J. Peel motion to reconsider his motion that the FFEAC make a resolution of support for an active film commission in the Orlando area.

L. Bartlett seconded

Motion Carried

Dr. Klechek motioned that once K. Waters and P. Meena conduct their meetings and find they need help from the FFEAC board; the Executive Committee would meet to decide what the responds will be.

J. Peel seconded

H. Batchelor called for discussion

Motion Carried

Palm Beach International Film Festival Verbal-Mary Hinton:
M. Hinton stated that at the Palm Beach International Film Festival has a student showcase that gives students a chance to win money for their schools. This is high school, community college, and university level. The event is April 7, 2003 and she will send the Office of Film & Entertainment the email addresses and phone numbers to call for entry forms for posting on the filminflorida website.

The next meeting date:
Will be held in Orlando, December 9, 2002 from 10:00 am - 2:00 pm.

A motion was made by Paul Meena to have the next meeting in Orlando at Universal Studios with a tour after the meeting.

Dr. Lew seconded.

Motion Carried.

Public Comment
J. Peel stated that he is now chair of the Education Committee and he is not sure what he is supposed to do. Is there something that is already in the works or should Executive committee come up with new work plans?

H. Batchelor stated that the Education committee is responsible for the "Reel to Reel" workshop, "Even Exchange" and other workshops and activities.

J. Peel stated that he would like to do an event with the graduates from Florida schools who have gone to Los Angeles and give them reasons to come back to Florida and do some work in Florida.

L. Bartlett motion to adjourn.

M. Hinton seconded

Meeting Adjourned.

Respectfully Submitted-Audrey L. Anderson

* For a detailed account of the discussion, please contact Audrey L. Anderson.


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