Meeting Summary
Florida Film & Entertainment Advisory Council (FFEAC)
Pat O’Brian, Universal Studios
December 9, 2003


Hollis Batchelor, Council Chair at 10:00 am, 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/BalanceFrank “Bud” Nocera/Paul Meena/Rebecca Dirden Mattingly/Barry Plans/Lucia Fishburne/Lorraine Wood/John D. Welch/Daphne Boyd/Sterling VanWagnen/Arlene Herson/Patrick Keating

Members absent: J. Ronald Castell (Excused)/Jasper Balance (Unexcused)/Bo Taff (Excused)

Staff: Audrey L. Anderson/Ally Hugg-Fields/Robert Grimm

Guests: Carole A. Ferrill (FMPTA, State President)/Susan Clark (Orlando Sentinel)/Jerry Drayer (Hometown Entertainment)/Joe Humphreys (IATSE 477)/John Hilsman (IATSE 600)/Russ Faber (Creative Management Group)/Heather Heeny (Heeing Productions)/Mike Conrad (Radical Concepts, Inc)/Polly Reeve (The Reeve Agency)/Nicole Weaver (Law Office of Nicole Weaver, Esq.)/Klark Perez (Law Offices)/Guido Roncallo (Actor)

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

Paul Meena motioned for approval.

Daphne Boyd seconded.

Motion carried.

FFEAC Member Status:
In the last FFEAC meeting a rooster of member’s attendance status was requested. If a member has three unexcused absences, they are automatically excused from the FFEAC and excessive absences will be reviewed by the board.

R. Mattingly stated that Dawn Guzetta who was appointed by the Governor has sent a letter to the Office of Film & Entertainment and the Governor’s appointments office choosing to step down and that her seat on the board is now open.


NEW BUSINESS

Department of Business & Professional Regulation (DBPR) Regulation Issues -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.


RFP (Request for Price) Bi-Annual Economic Assessment - Verbal Presentation:
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:f
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:

7) Why are talent agents regulated in Florida? H. Bachelor stated that all agreed that regulation needed to continue. 
8) 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.
9) 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.
10) 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. 
11) 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. 
12) 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.