| 1 | A bill to be entitled |
| 2 | An act relating to economic development; amending s. |
| 3 | 288.1229, F.S.; authorizing a direct-support organization |
| 4 | of the Office of Tourism, Trade, and Economic Development |
| 5 | to establish an official state golf trail; requiring the |
| 6 | direct-support organization to cooperate with various |
| 7 | entities; requiring the direct-support organization to |
| 8 | designate a proprietary name for the official state golf |
| 9 | trail; authorizing the direct-support organization to |
| 10 | license the name and receive compensation for such |
| 11 | licensing; requiring the direct-support organization to |
| 12 | maintain and protect the name, brand, and proprietary |
| 13 | marks of the official state golf trail in a specified |
| 14 | manner; encouraging the direct-support organization to |
| 15 | enter into certain licensing arrangements or contracts; |
| 16 | prohibiting the direct-support organization from accepting |
| 17 | certain financial responsibility or liability for the |
| 18 | official state golf trail; authorizing various economic |
| 19 | development and tourism promotion agencies to support the |
| 20 | official state golf trail; amending s. 288.9913, F.S.; |
| 21 | revising the definition of the term "qualified active low- |
| 22 | income community business" for purposes of the New Markets |
| 23 | Development Program Act; requiring the direct-support |
| 24 | organization to submit a report to the Governor and |
| 25 | Legislature on the official state golf trail; providing an |
| 26 | effective date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Subsection (10) is added to section 288.1229, |
| 31 | Florida Statutes, to read: |
| 32 | 288.1229 Promotion and development of sports-related |
| 33 | industries and amateur athletics; direct-support organization; |
| 34 | powers and duties.- |
| 35 | (10)(a) The direct-support organization may establish |
| 36 | within the state, develop, and provide for the statewide |
| 37 | marketing of an official state golf trail to promote the |
| 38 | expansion of international and domestic golf tourism in the |
| 39 | state, the creation of jobs, and the economic development of the |
| 40 | golf industry and its related hospitality, travel, sales, |
| 41 | retail, real estate, equipment manufacturing, and distribution |
| 42 | services in the state. |
| 43 | (b) The direct-support organization, to the maximum extent |
| 44 | practicable, shall cooperate with the PGA Golf Professional Hall |
| 45 | of Fame, existing professional and amateur golf associations, |
| 46 | golf courses, golf industry businesses, and statewide and |
| 47 | regional golf marketing efforts to implement the official state |
| 48 | golf trail as an effective golf tourism promotion program. |
| 49 | (c) The direct-support organization shall designate and |
| 50 | may license a proprietary name used for marketing of the |
| 51 | official state golf trail and shall develop criteria for the |
| 52 | most effective use of the brand. The direct-support organization |
| 53 | shall maintain and protect the name, brand, and any proprietary |
| 54 | marks of the official state golf trail in a manner consistent |
| 55 | with state and federal law which ensures that the direct-support |
| 56 | organization and its licensees have exclusive use of the name, |
| 57 | brand, and proprietary marks. |
| 58 | (d) The direct-support organization is encouraged to enter |
| 59 | into licensing arrangements or contracts that facilitate the |
| 60 | efficient, cost-effective, and successful financing, |
| 61 | development, and marketing of the official state golf trail. |
| 62 | However, the direct-support organization may not accept any |
| 63 | financial responsibility or liability for the creation of the |
| 64 | official state golf trail or its related activities but may |
| 65 | receive compensation for licensing under paragraph (c). |
| 66 | (e) The Florida Tourism Industry Marketing Corporation, |
| 67 | Enterprise Florida, Inc., and other economic development and |
| 68 | tourism promotion agencies at the state and local levels may |
| 69 | support the development, branding, and marketing of the official |
| 70 | state golf trail. |
| 71 | Section 2. Subsection (7) of section 288.9913, Florida |
| 72 | Statutes, is amended to read: |
| 73 | 288.9913 Definitions.-As used in ss. 288.991-288.9922, the |
| 74 | term: |
| 75 | (7) "Qualified active low-income community business" means |
| 76 | a corporation, including a nonprofit corporation, or partnership |
| 77 | that complies with each of the following: |
| 78 | (a)1. Derives at least 50 percent of its total gross |
| 79 | income from the active conduct of business within any low-income |
| 80 | community for any taxable year. |
| 81 | 2. Uses at least 40 percent of its tangible property, |
| 82 | whether owned or leased, within any low-income community for any |
| 83 | taxable year, which percentage shall be the average value of the |
| 84 | tangible property owned or leased and used within a low-income |
| 85 | community by the corporation or partnership divided by the |
| 86 | average value of the total tangible property owned or leased and |
| 87 | used by the corporation or partnership during the taxable year. |
| 88 | The value assigned to leased property by the corporation or |
| 89 | partnership must be reasonable. |
| 90 | 3. Performs at least 40 percent of its services through |
| 91 | its employees in a low-income community for any taxable year, |
| 92 | which percentage shall be the amount paid by the corporation or |
| 93 | partnership for salaries, wages, and benefits to employees in a |
| 94 | low-income community divided by the total amount paid by the |
| 95 | corporation or partnership for salaries, wages, and benefits |
| 96 | during the taxable year. |
| 97 | 4. Attributes less than 5 percent of the average of the |
| 98 | aggregate unadjusted bases of the property of the entity to |
| 99 | collectibles, as defined in 26 U.S.C. s. 408(m)(2), other than |
| 100 | collectibles that are held primarily for sale to customers in |
| 101 | the ordinary course of the business for any taxable year. |
| 102 | 5. Attributes less than 5 percent of the average of the |
| 103 | aggregate unadjusted bases of the property of the entity to |
| 104 | nonqualified financial property, as defined in 26 U.S.C. s. |
| 105 | 1397C(e), for any taxable year. |
| 106 |
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| 107 | A corporation or partnership complies with subparagraph 1. if, |
| 108 | as calculated in subparagraph 2., it uses at least 50 percent of |
| 109 | its tangible property, whether owned or leased, within any low- |
| 110 | income community for any taxable year or if, as calculated in |
| 111 | subparagraph 3., the corporation or partnership performs at |
| 112 | least 50 percent of its services through its employees in a low- |
| 113 | income community for any taxable year. |
| 114 | (b) Is reasonably expected by a qualified community |
| 115 | development entity at the time of an investment to continue to |
| 116 | satisfy the requirements of paragraphs (a), (c), and (d) for the |
| 117 | duration of the investment. |
| 118 | (c) Satisfies the requirements of paragraphs (a) and (b), |
| 119 | but does not: |
| 120 | 1. Derive or project to derive 15 percent or more of its |
| 121 | annual revenue from the rental or sale of real estate, unless |
| 122 | the corporation or partnership derives such revenue from the |
| 123 | rental of real estate and the primary lessee and user of such |
| 124 | real estate is another qualified active low-income community |
| 125 | business that is owned or controlled by, or that is under common |
| 126 | ownership or control with, such corporation or partnership; |
| 127 | 2. Engage predominantly in the development or holding of |
| 128 | intangibles for sale or license; |
| 129 | 3. Operate a private or commercial golf course, country |
| 130 | club, massage parlor, hot tub facility, suntan facility, |
| 131 | racetrack, gambling facility, or a store the principal business |
| 132 | of which is the sale of alcoholic beverages for consumption off |
| 133 | premises; or |
| 134 | 4. Engage principally in farming and owns or leases assets |
| 135 | the sum of the aggregate unadjusted bases or the fair market |
| 136 | value of which exceeds $500,000. |
| 137 | (d) Will create or retain jobs that pay an average wage of |
| 138 | at least 115 percent of the federal poverty income guidelines |
| 139 | for a family of four. |
| 140 | Section 3. The direct-support organization authorized by |
| 141 | the Office of Tourism, Trade, and Economic Development to |
| 142 | establish the official state golf trail under s. 288.1229(10), |
| 143 | Florida Statutes, shall, 1 year after the official state golf |
| 144 | trail becomes operational, submit a report to the Governor, the |
| 145 | President of the Senate, and the Speaker of the House of |
| 146 | Representatives on the progress and success of the official |
| 147 | state golf trail. |
| 148 | Section 4. This act shall take effect July 1, 2011. |