FLORIDA FILM & ENTERTAINMENT ADVISORY COUNCIL
3rd Quarter Meeting Minutes
September 22, 2003
National Hotel – Miami Beach, Florida
The third quarter meeting for the Florida Film and Entertainment Advisory Council was called to order on September 22, 2003 at 1:45 pm in the National Hotel in Miami Beach Florida.
MEMBERS PRESENT MEMBERS NOT PRESENT
Hollis Batchelor – Chairman Excused
Lew Klechak – Vice Chairman Daphne Boyd
Jasper (Jay) Ballance Ron Castell
Leslie Bartlett Bo Taff
Lucia Fishburne Lorraine Wood
Jorge Hane Unexcused
Arlene Herson Barry Plans
Patrick Keating
Frank (Bud) Nocera OFFICE OF FILM & ENTERTAINMENT
Paul Meena Susan Albershardt, Film Commissioner
Todd Roobin Scott Openshaw, State Production Manager
Rebecca O’Dell Townsend Niki Christopher, Communications Coordinator
Sterling Van Wagenen
Kathryn Waters
John Welch
After introductions from each member, Chairman Hollis Batchelor introduced new staff members, Scott Openshaw, State Production Manager, and Niki Christopher, Communications Coordinator, for the Office of Film and Entertainment.
Chair Hollis Batchelor made a motion to accept the minutes of the second quarter meeting as attached, the motion was seconded and passed. Ms. Herson moved to correct page eight (8) fourth paragraph currently reading “...no one over 18 can be solicited…” and requested it changed to read “…no one under 18 can be solicited…” The minutes were approved unanimously as corrected.
The Chairman reviewed the minutes of the Executive Committee teleconference held on August 13, 2003 and was open for questions or comments, yet reminded the Council that approval is not needed since the Executive Committee have since adopted them. Mr. Meena inquired about the open committee position left by Jeff Peel. Ms. Albershardt also included that the Education Committee currently has no Chairman due to Mr. Peel’s term ending. Chair Hollis Batchelor stated he will follow-up on making new appointments during the next scheduled meeting.
Susan Albershardt discussed the Term Limits and By-laws and asked that everyone become familiar with them. Dr. Klechak is next up for reappointment in October. Dr. Klechak mentioned that he already spoke to the Speak of the House and expressed his interest in being re-appointed to the council.
Kathryn Waters gave an update on the Committee on Talent Agent Regulation. Ms. Waters and Ms. Albershardt informed the Council that they had gathered some materials and sent it to the Governor, where it was then assigned to the Secretary of the Department of Business and Professional Regulation (DBPR) to draft new legislation. Once the legislative draft is received, the Committee on Talent Agent Regulation will meet to review and make suggestions on the material. Ms. Albershardt also mentioned that the DBPR is looking into current laws that would help regulate the agents without having to create new laws. The new information will be reported on at the next Council meeting.
Dr. Klechak gave an update on the Executive Committee and its conference call in August referring to the minutes under tab one of the supplied packet. The four issues that were discussed were Funding Incentive, Talent Agents, Advance Fee Scouts and Cosmetology. In addition, the Smoking Exemption was brought up. Dr. Klechak spoke on funding HB 1149, but also, equally important, preserving the funding for the Office of Film and Entertainment. Mr. Meena reported speaking with Universal’s lobbyist and recommended that the Council have two or three emissaries to have a sit down with the Governor and ask for the $20 million for the bill and also to rally the entertainment industry to send in letters directly to the Governor asking for support for the bill and the film office.
Susan Albershardt shared that she had submitted her Long Range Legislative Budget to Dr. Pamella Dana. She allotted an additional $100 thousand for an economic assessment, $400 thousand dollars for creating a liaison position in New York and for marketing outreach into Europe, along with other projects. Discussion followed with recommendations for attaching source of funding for Ms. Albershardt’s request.
Mr. Meena identified Senator Pruitt of Stuart Florida and Representative Kyle of Cape Coral Florida. Mention of possibly taking Senator Pruitt to visit the set of The Punisher and to visit the legislators in their respective districts to emphasize more funding. Discussion on who to have represent the Council and local film offices began. A decision was not made. Mr. Meena stated he would provide a list of key events Florida legislators may be attending and sending Council representatives and/or film commissioners to meet with them. Members interested should contact Mr. Meena.
Chairman Batchelor requested that Ms. Albershardt provide an update on the Make-Up Artist Exemption. Currently the issue is in the hands of Diane Carr, Secretary for the Department of Business and Professional Regulation. The DBPR is not doing anything because no laws are being broken, but Ms. Albershardt stated that Diane Carr is working on the situation and will provide any updates given to her to the Council.
Ms. Herson asked Ms. Albershardt to clarify the Make-Up Artist issue for her. Ms. Albershardt responded. Mr. Ballance brought to attention that the same issue occurred in Nevada. Chairman Batchelor said because the lack of understanding from our industry opened the doors to this situation.
Chairman Batchelor moved on to the next item on the agenda, The Barry Plans Bill, and recalled that at the previous meeting this issue had been tabled because Barry Plans was not in attendance. Mr. Plans is not in attendance again for this meeting. Mention that he has resigned from the Council arose, but Ms. Albershardt and Chairman Batchelor have not received notice from Mr. Plans on his intention to resign. Because this is Barry Plans’ third unexcused absence, By-Laws state that he is terminated from the Council. Ms. Albershardt stated she would write him a letter notifying him of the Council’s removal.
Ms. Waters inquired if the bill is being tabled indefinitely due to Mr. Plans’ absence. She also stated because the legislature is not in session, the topic really has nothing to be talked about. Ms. Herson requested an update on what the bill entails. Chairman Batchelor gave the update. Mr. Meena said that he has a feeling the bill is not going to go away, but the Council must keep their ears open if it does come back in order to be prepared to agree if the Council is for or against the bill. After much discussion the Council agreed to table the matter until some more information comes along.
Lucia Fishburne requested that the materials provided to the Council members be mailed out in advance in order for the members to be more adequately prepared with the agenda. Ms. Albershardt noted the suggestion and said that, if at all possible, her request would be met.
Chairman Batchelor gave an update on the Florida Clean Air Act that passed the legislature. It was the decision of the Executive Committee to not go forth and appeal the Act in order to exempt the industry. He opened the table for discussion. The Council discussed options for producers and gave examples of instances where the Clean Air Act may effect a production. It was the consensus of the Council that no action should be taken to try to overturn the Act that does not exempt movie sets.
Commissioner Albershardt gave her report. She asked the Council to think of the future of the business. She spoke on the power of the pixel and the internet for the film industry, creating an efficient mission statement and collaborating with the indigenous entertainment community to help reach our goal of becoming the number two global market leader.
A handout was given to the Council members containing the industries wages for Florida’s regions. Ms. Albershardt went down the list of the North American Industry Classification System (NAICS) and asked if anyone disagreed with putting them on future quarterly region wage reports. Discussion on weather to include Commercial Photography, Photography Studios-Portrait, Musical Groups and Artists, Agents and Managers for Artists, Athletes, Entertainers and Other Figures. The Council agreed to include all listed NAICS codes with the exception of Photography Studios-Portrait, in future reports.
Ms. Albershardt continued with her report and began speaking about the Annual Economic Impact Report Based on Tax Exemption Applications. She outlined the report and went through the total figures for in-state and out of state return on investment. Discussion between Mr. Meena and Ms. Albershardt began regarding sharing the information with the legislature and how the producers estimate the total expenditures in the state.
Commissioner Albershardt moved on to the Business and Production Report. She went through the measures that the Office of Film and Entertainment is judged on. Examples of some of the measures are the number of qualified leads generated, the number of liaison and policy development activities conducted, production entities making on-site visits to Florida, and the number of projects worked. Ms. Albershardt mentioned the possibility of adding another measure that would reflect the number of productions worked, but lost to other states and discussed with the Council the impact that the overall performance measure figures would have on the Office of Film and Entertainment’s budget.
Jorge Hane wanted to know what the options are for the Council in reference to using the media as support for helping the State become aware of runaway production. Chairman Batchelor brought up some examples of how the press can affect the industry in a negative manner.
A suggestion by Mr. Hane to the Council of creating a committee of high profile Floridian’s working in the industry, (i.e. Emilio Estefan), to assist in informing the legislature was discussed.
Paul Meena inquired about inserting the number of people who are employed in the report that the legislators see. Ms. Albershardt responded by stating that an average of employees would be included.
Commissioner Albershardt continued with her report and informed the Council on her marketing strategies and how much of her budget she has allocated specifically for it. She listed the names of trade magazines that the Office of Film and Entertainment intends to advertise in. Ms. Albershardt informed the Council on some of her strategies, which include a marketing cooperative she has proposed with Film Florida, sponsorships for film festivals and student competitions and an annual Florida alumni reception in Los Angeles, all in attempts to brand the Film in Florida name.
Upon the conclusion of Commissioner Albershardt’s report, she turned the floor over to Scott Openshaw.
Scott Openshaw provided a report on the Media Arts Mentoring Project the Office of Film and Entertainment intends to kick-off. Mr. Openshaw went through the details of the proposal that was included in the supplied packet, which included who would be targeted and what the Office of Film and Entertainment hopes to accomplish, among many other objectives for the program. Mr. Openshaw opened the floor to any questions or feedback on the proposal. Patrick Keating offered the Florida State University studio and Sterling Van Wagenen mentioned that the University of Central Florida is also doing a similar program.
Chairman Batchelor took the floor once Mr. Openshaw concluded his report and asked Susan to speak about the Film Fund Proposals. She asked the Council if they had reviewed the documents in the packet and respond to her if any of the incentives are to be seriously considered. She stated that she feels that there is a real need for a self-renewing film fund so the Office of Film and Entertainment doesn’t have to keep asking the legislature for the dollars to attract film business. Chairman Batchelor requested that a task force be created to look into these potential incentives and also into creating a self-renewing film fund for the Office of Film and Entertainment and report back to the Council in the December meeting. He asked Sterling Van Wagenen to Chair. Mr. Van Wagenen agreed to Chair and Jay Balance and Leslie Bartlett volunteered to serve on the task force.
The Council was advised about the next Florida Film and Entertainment Advisory Council meeting on December 2nd, 2003 at the Breakers Hotel in West Palm Beach Florida.
Chairman Batchelor opened the floor for public comment.
The public requested that advance notice be sent notifying the public of upcoming meetings. Ms. Albershardt responded that it is published according to state law and also in the News and Events e-mail blasts.
Another question arose from the public regarding a private issue with the Screen Actors Guild. Chairman Batchelor removed himself from Chair and passed it on to the Vice-Chairman Klechak in order to respond to the public. It was decided by the Council, due to the nature of the question, that Chairman Batchelor respond in a private setting.
The Chair was then given back to Hollis Batchelor, who then moved to adjourn the meeting. Motion passed.
The meeting adjourned at 4:48 pm.