4th Quarter Meeting Minutes
December 6, 2004
Riverside Hotel, Room-New River A
The fourth quarter meeting for the Florida Film and
Entertainment Advisory Council was called to order on December 6, 2005 at 1:15
pm, Room New River A, at the Riverside Hotel in
MEMBERS PRESENT MEMBERS NOT PRESENT
Lew Klechak- Chairman Excused
Paul Meena- Vice Chairman Hollis Batchelor
Leslie Bartlett Patrick Keating
Daphne Boyd Marty
Charleene Closshey
Jorge Hane Unexcused
Arlene Herson Jasper Balance
Patrick Keating
Raul Mateu
Paul Meena
Todd Roobin
Rebecca O’Dell Townsend
Sterling Van Wagenen
Kathryn Waters
John Welch
Susan Albershardt, State Film Commissioner
Frank “Bud” Nocera
Lucia Fishburne
OFFICE OF
FILM & ENTERTAINMENT
Susan Simms,
Raquel Cisneros, Communications Coordinator
After introductions from each member, Chairman Lew Klechak introduces new board member Charleene Closshey with a brief description of her and her work.
Representative Julio Robaina discusses his interest in
helping make an impact in the
As discussed in the previous meeting, it is understood that excessive absences are defined as three excused absences, and will result in one unexcused absence. If there is a total of three unexcused absences such person will be asked to forfeit their chair on the board. Please have person with excessive absences be notified by letter in advance of third absence.
Corrections made to minutes of the previous meeting.
Todd Roobin makes a motion to approve the minutes.
Sterling Van Wagenen seconds the motion.
Minutes were approved.
Discussion regarding removing Film Commissioner as an ex-officio board member and communication issues relating to the Sunshine Law. Discussion regarding noticing committee meetings via email blasts.
Paul Meena moves for Susan Albershardt to remain an ex-officio board member.
Arlene Herson seconds that motion.
Motion approved.
Kathryn Waters makes a motion to change official noticing to include email blasts and website notification for committee meetings and discussions between members.
Paul Meena seconds the motion.
Motion approved.
Alumni
Review of approved items in last meeting.
Paul Meena led the line-by-line review of new language and new items.
Review of Glitch bill.
Paul introduces his changes by saying that some of the changes were suggested by the NBC legal team and can be considered “semantical” and is “high concept.” Such as the term “filmed entertainment” which includes all the genres and leaves out still photography.
Susan notes that he left out “digital media effects” in the definition. Paul will put the term back in.
Paul introduces a list of production costs that should be included in place of the current definition. Susan feels it benefits us to keep the terms broad so the Film Commissioner can make the decision. Paul Meena points out that the language, “including but not limited too…” will protect Susan Albershardt as the Film Commissioner. Paul Meena continues discussion with qualified expenditures. It is agreed to include “meals, travel and commendation.”
Section 2C has been changed to the “two highest paid employees” from the” two highest paid actors”. No one disputes this.
“Qualified expenditures rendered in the state of
Rebecca O’Dell Townsend makes a point that the reason for the changes is because property is not a goods or a service, personal property is not a goods or service, so the verbiage needs to be changed so that real and personal property can legally be part of the qualified exemptions.
Rebecca O’Dell Townsend parking and tolls are taxes, discussion of public versus private parking to be tax exempt. Valet parking is a service. Hotel parking would be included because it’s part of the hotel expense.
Paul Meena motions to change the verbiage regarding the legal terms of goods and services and add real, tangible and intangible property.
Raul Mateu asks, why do we not want to reimburse the salary
of
Discussion ensues on having high profile actors and
filmmakers as reimbursable. Discussion
continues if we are de-incentivizing by not allowing reimbursement on major
movie stars that live in
Change the words from “program” to “filmed entertainment” under Creation and Purpose of Program.
Discussion ensues whether a production that has already decided to shoot in Florida can be considered a “qualified production.” Paul states that he does not agree with this and feels it should go to anyone who is going to shoot in Florida. Susan reminds him that it was already voted on at the last meeting. Susan explains that the policy with OTTED’s QTI program is that if they’ve issued a press release that they are moving their business to Florida, opened an office, hired people, those kind of noises, tell them they will already be doing business here.
Paul feels that this is an arbitrary judgment call. Feels that they are still putting people to work, uses a Nick show called “Splatt” as an example. Give them the incentive and help them stay afloat. Paul wants to strike this provision. Susan feels this is something the Governor and OTTED want to see in the bill to make sure the money isn’t being given to a production that would shoot here anyway. Sterling wants to make sure that the incentive stays on a level playing field. Sterling feels the language is vague. Lucia and Sterling suggested that the language be reworded and clarified. It was agreed that Susan would take the language right out of the QTI incentive.
It is agreed to scratch out Paul’s additional language “the capturing of the media as opposed to the presentation of the media” in 3(a). It is agreed to delete Paul’s revision for “financial incentive” back to the original “reimbursement.” Leave deletion in 3(b).
Decision made to leave in reimbursement 3(C) and 3(D) they want to pick and choose what projects get incentive money.
Bud Nocera proposes to add the following language: “Any entertainment industry entity producing a feature length filmed entertainment program that participates in this financial incentive shall agree to create, at no cost to the State a :90 promotional advertisement utilizing used or unused footage made during the filming to promote Florida as a motion picture location and vacation destination. The Film Commissioner of the State of Florida must approve the script and final production of such promotional advertisement and must be included with all publicly distributed digital video discs or any distribution medium that is for sale or rent to the public.
Susan Albershardt suggests that the distributor makes the decision. The producer can’t make that decision because many times they don’t know who their distributor is. Bud is trying to say that if you take the money you must promote Florida. Paul doesn’t want to parameters on producers. Sterling feels it will cost the producer quite a bit of money to produce the promotional piece. Bud wants the actual film used in the movie as background footage. If a company is getting $2 million, they should give something back to the State. Lucia and Daphne thinks we should preproduce something and give it to them. Bud wants to stop them from coming back to us and asking for the money to pay for it. Raul warns that you won’t be able to use the actors. Council decides to leave the language out
Paul discusses the new change by giving television episodic its own queue. Here is a queue for commercials, one for TV, one for movies. 45%, 45%, 10% Paul says the cap will be $2 million. Susan asks “what the entire run of the episodes” means. Paul replies that it would be in a fiscal year. Susan clarifies that it should be the state’s fiscal year, or July 1 to June 30th and add “versus the budget on a single episode.” Take out the word “episodic.” Paul reads the newly revised paragraph: “…television series or pilot, including but not limited to, dramatic, reality, comedy, soap, telenovela, game show, mini series…”
Discussion ensues regarding commercials. Paul wants to lower the threshold to $200,000 and increase the incentive to $50,000. Susan states that the average cost of a commercial in Florida is $150,000 to $250,000. Paul says it will be hard for Susan’s staff to administer this incentive with commercials. Says you can’t have this bill without Susan getting more staff.
Susan states an ad agency gets a job. From the day they are awarded a job, they shoot the commercial within one month. When do they send in the application, how much time do I have to approve it, qualify it, write a memo to OTTED to certify, wait 5 days for OTTED to approve, then we draft a contract, letters that must go out. There is a lot of effort that goes into approve this for commercials.
The production company is the entity that gets the
incentive, not the ad agency. This is
the bread and butter of Florida work.
Sterling wonders if we should take commercials out. Discussion follows regarding which states
include commercials and which don’t. [Further research shows that some states
leave commercials out, other states have thresholds of approximately $300,000
for commercials, and others have combined thresholds of $350,000.]
Rebecca suggests we not lower the threshold. Jorge suggests we take it out until we have more money to include it. Paul says it would be a total separate program if we want to put it back in later. No vote is necessary to take commercials out because they did not vote to put it in, although everyone votes “yes” to take it out.
Discussion follows about what the percentage of queue should be between movies and TV. Susan Simms suggests that we might need a lot of money to land a series. Susan A. worries that it will sit in a queue of a year and we lose it. Suggests we take “upto” a $1 million and put it aside and see if we can land a series. If we can’t use it by a certain date we put it back in the general pool.
Raul suggests actually going to the major studios, telling them we have the incentive funds and shopping for a TV series to bring to Florida. Lucia likes the idea of “seeding.” Raul feels we will get a lot of attention if we do it. Raul feels the studios might order a pilot if they know they can get money to help produce it. Sterling wants to keep it simple because we are already targeting the major studios. The trigger should be in there to co-mingle. Paul reminds everyone that this is not about getting a pilot, it’s about getting a series. Discussion follows that we will hold money for pilots in their own queue, but it will still be first come first serve.
Paul suggests 60% to film and 40% to television. Co-mingle funds by Feb. 1 into one fund, first come first serve after this date. Co-mingle applications according to the time stamp date. Awards shows, music videos would go into the first queue with the films. Everyone agrees.
If it’s an ongoing show, it wouldn’t qualify. If it’s a new telenovela, it would qualify.
Susan suggests giving the bill to Rep. Don Davis and Senator Burt Saunders. Bill drafting will properly format it. Sterling suggests that maybe the chairman should write a letter to Governor Bush in support of the bill. Todd also asks if there can be a group found, that has an ear for legislation and could champion this bill.
Susan states that it should be called “Draft of 11/8/04”.
Discussion follows regarding Talent Agency Deregulation. Kathryn Waters advises what specific changes need to be made in order to present to DBPR. These specific areas are criminal sanctions, age requirements, record keeping, and assessment of penalties.
Kathryn suggests raising the bond to $50,000 for advanced fee talent services. Her reasoning is that the bond and penalties for this violation of this action should not be any less than the Board of Florida Tele-Marketing Act. Susan asks to keep bond at $10,000 and possibly raise at a later date.
Vote for Resolution.
Todd makes a motion to send resolution with letter to support “Draft Bill of 11/8/04.”
Todd withdraws motion and refers to Kathryn.
Kathryn moves to send resolution in support of the “Draft Bill of 11/8/04”, regarding deregulation of Talent Agents and Advance Fee Talent Agents with recommended changes to make a good “Bill” even better,
Leslie seconds motion, none opposed.
Brief Synopsis of other Projects
Susan gives an update on the “Professional Development Series. She states that it is coming along beautifully with everyone making huge head way. Susan adds that she has hired Steve Lasky to manage the project. With Steve on board he has been in charge of hiring the instructors and currently is working with Miami-Dade College and the Miami International Film Festival.
In regards to the RFP for Economic Assessment, Susan states that the last draft was limited and in the new draft she would like to include TV broadcasting, still photographing, music videos, and documentaries, as well as a special assessment on the Spanish Language market and digital media. In doing this there will be a committee headed up of six individuals that Susan would like them to have a working knowledge of the entertainment industry and the statistics that are needed. Some prospects include: Jeff Peel, Suzy Allen, Krista Soroka and a union person. Once the committee is selected they will be the ones who will decide on who will do it. This assessment will hopefully give us a good idea of the revenue we make and will help in aiding on where Florida is heading.
In the update for the print ad campaign, Susan states that it involves taking unique pictures and or locations never thought of through out the state of Florida. In return these photos are sent to a Story Board Artist, who makes a story of what could possibly take place at each location. These are then being advertised in full and half ads in various magazines.
Susan Simms states briefly, in regards to “Production Projects” that she has never been busier as she was in the month of November since 1996.
Public Comment
Lew gave the floor to Earl Perque for his comments. Earl is a resident of Florida and is a production technician. His concern is that there is not enough work in Florida. Earl states, “Florida does not have what it takes to compete because of the incentive Louisiana is offering.
Greg Hauptner is with the high school G Star School of the Arts for Motion Pictures and Broadcasting in West Palm Beach, Florida. It is a full college preparatory program that trains for all aspects within entertainment. He is offering the use of this facility, which includes studios and other numerous amenities for production purposes. In doing this Greg feels that this could be another incentive for Florida.
Meeting adjourned at 6:20 PM.