HB 1239

1	A bill to be entitled
2	An act relating to the Jack Nicklaus Golf Trail of
3	Florida; providing legislative findings and intent;
4	creating s. 258.161, F.S.; defining terms; requiring the
5	Division of Recreation and Parks of the Department of
6	Environmental Protection to establish and supervise the
7	operation of the Jack Nicklaus Golf Trail of Florida;
8	requiring the construction of a public golf facility in
9	each park region; providing for the locations and
10	amenities of the public golf facilities; requiring the
11	division to contract with a golf course development
12	company for the design, construction, and development of,
13	and enter into a long-term lease for the operation of, the
14	public golf facilities; providing qualifications for the
15	golf course development company; authorizing the issuance
16	of alcoholic beverage licenses for the public golf
17	facilities; providing for preemption of certain
18	regulations adopted by counties, municipalities, and
19	political subdivisions; providing that the act supersedes
20	other laws and agency rules; authorizing the Division of
21	Bond Finance of the State Board of Administration to issue
22	revenue bonds for the design, construction, and
23	development of the public golf facilities; providing for
24	disbursement, use, and repayment of the bond proceeds;
25	providing for severability; providing an effective date.
26
27	WHEREAS, Jack Nicklaus has resided in Florida since 1965,
28	and the Nicklaus family has a long history of involvement in
29	numerous local charitable activities, including the Nicklaus
30	Children's Health Care Foundation, and
31	WHEREAS, Jack Nicklaus is a recipient of the Woodrow Wilson
32	Award for Corporate Citizenship, which is given to individuals
33	who exemplify a commitment to the common good and who
34	demonstrate that private companies should be stellar citizens in
35	their own neighborhoods, as well as in the world, and
36	WHEREAS, there is no name more synonymous with greatness in
37	the sport of golf than Jack Nicklaus, winner of a record 18
38	professional major-championship titles, and
39	WHEREAS, Jack Nicklaus has been named "Golfer of the
40	Century" or "Golfer of the Millenium" by almost every major golf
41	publication in the world, and
42	WHEREAS, Jack Nicklaus has been named Individual Male
43	Athlete of the Century by Sports Illustrated, and one of the 10
44	Greatest Athletes of the Century by ESPN, and
45	WHEREAS, Jack Nicklaus was honored by President George W.
46	Bush with the Presidential Medal of Freedom, the highest honor
47	given to any United States civilian, and
48	WHEREAS, Jack Nicklaus played on six Ryder Cup teams,
49	served as United States captain on two Ryder Cup teams, and
50	served as United States captain on four Presidents Cup teams,
51	and
52	WHEREAS, Jack Nicklaus has won more major championships
53	than any other professional golfer (six Masters Tournaments,
54	five PGA Championships, four United States Open Championships,
55	and three British Open Championships), and
56	WHEREAS, Jack Nicklaus is a five-time winner of the PGA
57	Player of the Year Award and was the PGA Tour's leading money-
58	winner eight times and runner-up six times, and
59	WHEREAS, the legend of Jack Nicklaus has been built with
60	his generous contributions as a player, golf course designer,
61	businessman, and philanthropist, and
62	WHEREAS, for a record 6 consecutive years (2004-2009), Golf
63	Inc. Magazine ranked Jack Nicklaus "The Most Powerful Person in
64	Golf" due to his impact on various aspects of the industry
65	through his course-design work, marketing and licensing
66	business, his ambassadorial role in promoting and growing the
67	game worldwide, and his involvement on a national and global
68	level with various charitable causes, and
69	WHEREAS, Jack Nicklaus has been involved in the design of
70	nearly 290 courses open for play worldwide, and his business,
71	Nicklaus Design, has almost 360 courses open for play around the
72	world, and
73	WHEREAS, Nicklaus Design golf courses are represented in 34
74	countries, 39 states, and at least 90 of the golf courses have
75	hosted a combined total of more than 600 professional
76	tournaments or significant national amateur championships, and
77	WHEREAS, at least 63 Nicklaus Design golf courses have
78	appeared in various national and international Top-100 lists,
79	and
80	WHEREAS, Jack Nicklaus and Nicklaus Design have a long
81	history of environmental stewardship, and have been lauded
82	worldwide for their approach to designing environmentally
83	sensitive and responsible golf courses, and
84	WHEREAS, Nicklaus Design golf courses have received
85	numerous honors for environmental leadership and stewardship,
86	and
87	WHEREAS, at least 40 Nicklaus Design golf courses have been
88	involved in Audubon International, of which six golf courses
89	have earned membership into the Audubon Signature Certified
90	Program which requires members to maintain the highest level of
91	sustainable design and development, and two golf courses have
92	achieved the prestigious gold level status, and
93	WHEREAS, Jack Nicklaus was the recipient of the prestigious
94	John James Audubon Special Recognition Award for his
95	environmentally sensitive work at the TPC Michigan Golf Course,
96	and
97	WHEREAS, Nicklaus Design was the recipient of the Golf
98	Digest Environmental Leaders in Golf Award for the Old Works
99	Golf Course in Anaconda, Montana, which is located on one of the
100	largest Superfund sites in the nation and considered by Golf
101	Digest to be one of the most important golf courses in the
102	world, and
103	WHEREAS, Jack Nicklaus designed the Golf Club at Harbor
104	Shores, in Benton Harbor, Michigan, which is centerpiece of one
105	of the largest community revitalization projects in the country
106	and recognized by multiple golf publications as one of the Best
107	New Courses in America, and
108	WHEREAS, the Legislature intends to preserve, protect, and
109	enhance tourism as a vital part of the state economy, and
110	WHEREAS, the creation of environmentally sensitive public
111	golf facilities within existing state parks will create jobs,
112	support local tourism-based small and large business, and
113	increase state and local revenues, and
114	WHEREAS, the creation of environmentally sensitive public
115	golf facilities can elevate the state's reputation throughout
116	the United States as a premier golf destination capable of
117	hosting major golf championships, and
118	WHEREAS, the creation of public golf facilities designed by
119	Jack Nicklaus is in the public interest and will serve as a
120	tourism development project to increase the use of existing
121	state parks by residents and tourists, NOW, THEREFORE,
122
123	Be It Enacted by the Legislature of the State of Florida:
124
125	Section 1.  The Legislature intends to increase tourism and
126	enhance the state's economy by encouraging the establishment of
127	public golf facilities within the state's existing state parks
128	through an efficient, effective, and responsive regulatory
129	process free from unnecessarily burdensome requirements. The
130	Legislature finds that creation of the Jack Nicklaus Golf Trail
131	of Florida will be a tourism-development project that will
132	increase the use of existing state parks by residents and
133	tourists. The Legislature further finds that creation of the
134	Jack Nicklaus Golf Trail of Florida will enhance the state's
135	reputation throughout the United States as a premier golf
136	destination.
137	Section 2.  Section 258.161, Florida Statutes, is created
138	to read:
139	258.161  Jack Nicklaus Golf Trail of Florida.-
140	(1)  As used in this section, the term:
141	(a)  "Department" means the Department of Environmental
142	Protection.
143	(b)  "Division" means the Division of Recreation and Parks
144	of the department.
145	(2)(a)  The division shall establish and supervise the
146	development and operation of the Jack Nicklaus Golf Trail of
147	Florida. The Jack Nicklaus Golf Trail of Florida shall consist
148	of at least one public golf facility within each of the five
149	park regions defined in s. 258.001, including one such facility
150	at Jonathan Dickinson State Park in Martin County.
151	(b)  Each public golf facility of the Jack Nicklaus Golf
152	Trail of Florida must be designed by Jack Nicklaus and shall be
153	located, to the extent practicable, within a state park of at
154	least 3,000 acres which is located in proximity to a highway of
155	the interstate highway system or turnpike system and major
156	metropolitan areas. The division shall coordinate with Jack
157	Nicklaus and the golf course development company selected under
158	subsection (3) to identify state park locations that fulfill
159	these criteria.
160	(c)  Each public golf facility shall include, at a minimum,
161	an 18-hole public golf course, a practice area, a clubhouse with
162	limited food service and parking, and a golf course maintenance
163	building. The public golf facility shall be designed and built
164	in an environmentally sensitive manner and be open to the
165	general public. The public golf facility may include a hotel to
166	enhance the benefit to the tourism industry.
167	(d)  The division may, upon completion of a public golf
168	facility within each of the five park regions as provided in
169	paragraph (a), approve additional public golf facilities that
170	are developed and operated in accordance with this section.
171	(3)(a)  The division shall, subject to a competitive
172	solicitation process, contract with a golf course development
173	company for the design, construction, and development of the
174	public golf facilities and enter into a long-term lease with the
175	company for operation of the facilities. The golf course
176	development company selected by the division must:
177	1.  Be a business entity authorized to conduct business in
178	this state.
179	2.  Provide reasonable assurances that the company's
180	operation of the Jack Nicklaus Golf Trail of Florida will
181	generate revenues sufficient to pay the revenue bonds authorized
182	by this section.
183	3.  Demonstrate through independent analysis or study that
184	the Jack Nicklaus Golf Trail of Florida will promote tourism and
185	increase the use of state parks by residents and tourists.
186	4.  Demonstrate at least 20 years' experience in successful
187	development and operation of public and private golf facilities
188	that have received awards and honors from reputable national
189	organizations.
190	5.  Demonstrate experience in the successful development
191	within state parks of another state of golf facilities that have
192	received awards and honors from reputable national
193	organizations.
194	6.  Provide proof that Jack Nicklaus has agreed to work
195	with the company on the design and construction of the public
196	golf facilities.
197	(b)  The golf course development company selected under
198	this subsection must adhere to the standards approved by Jack
199	Nicklaus for maintaining the quality of the public golf
200	facility.
201	(4)  Notwithstanding any other law, the golf course
202	development company selected to operate the public golf
203	facilities is eligible for issuance of an alcoholic beverage
204	license under ss. 561.19 and 561.20(7).
205	(5)(a)  Regulation of the development and operation of
206	public golf facilities under this section is preempted to the
207	state. Any such regulation adopted by a county, municipality, or
208	other political subdivision is void, regardless of when adopted.
209	(b)  Notwithstanding any other law, this section supersedes
210	any law or agency rule that conflicts with this section.
211	(c)  The department shall provide for an efficient,
212	effective, and responsive regulatory process free from
213	unnecessarily burdensome requirements.
214	(6)(a)  The Division of Bond Finance of the State Board of
215	Administration may issue revenue bonds on behalf of the
216	department to finance or refinance the costs of the design,
217	construction, and development of the public golf facilities of
218	the Jack Nicklaus Golf Trail of Florida in accordance with s.
219	11(f), Art. VII of the State Constitution. Repayment of
220	principal and interest for such bonds shall be payable
221	exclusively from revenues pledged from operation of the public
222	golf facilities.
223	(b)  Proceeds from each issue of the revenue bonds, except
224	as provided in the State Bond Act, may only be used for payment
225	of the costs of the design, construction, and development of the
226	public golf facilities established under this section. The
227	proceeds shall be disbursed in such a manner and under such
228	restrictions, if any, as the Division of Bond Finance may
229	provide in the resolution authorizing issuance of the bonds.
230	(c)  Bond proceeds and any revenues pledged for repayment
231	of the bonds may not be used for any project that is not part of
232	the Jack Nicklaus Golf Trail of Florida.
233	Section 3.  If any provision of this act or its application
234	to any person or circumstance is held invalid, the invalidity
235	does not affect other provisions or applications of the act
236	which can be given effect without the invalid provision or
237	application, and to this end the provisions of this act are
238	severable.
239	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.