Florida Senate - 2012                              CS for SB 946
       
       
       
       By the Committee on Commerce and Tourism; and Senator Bennett
       
       
       
       
       577-03056-12                                           2012946c1
    1                        A bill to be entitled                      
    2         An act relating to economic development; creating s.
    3         288.11685, F.S.; authorizing Enterprise Florida, Inc.,
    4         to establish a statewide golf trail; requiring
    5         Enterprise Florida, Inc., to cooperate with various
    6         entities; requiring Enterprise Florida, Inc., to
    7         designate a proprietary name for the statewide golf
    8         trail; authorizing Enterprise Florida, Inc., to
    9         license the name and receive compensation for such
   10         licensing; requiring Enterprise Florida, Inc., to
   11         maintain and protect the name, brand, proprietary
   12         marks, and intellectual property of the statewide golf
   13         trail in a specified manner; encouraging Enterprise
   14         Florida, Inc., to enter into certain licensing
   15         arrangements or contracts; prohibiting Enterprise
   16         Florida, Inc., from accepting certain financial
   17         responsibility or liability for the statewide golf
   18         trail; directing various economic development and
   19         tourism promotion agencies to support the statewide
   20         golf trail; requiring Enterprise Florida, Inc., to
   21         submit an annual report to the Legislature on the
   22         statewide golf trail; creating s. 196.2003, F.S.;
   23         defining the terms “local government” and “nonprofit
   24         organization” for purposes of the act; encouraging the
   25         donation of public or private golf course property to
   26         the state, a local government, or a nonprofit
   27         organization for certain purposes; authorizing the
   28         owners of golf course property to donate or retain any
   29         vested or permitted rights in the property; providing
   30         that any portion of golf course property that is
   31         donated is eligible for exemption from ad valorem
   32         taxation; providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 288.11685, Florida Statutes, is created
   37  to read:
   38         288.11685 Promotion of golf tourism and economic
   39  development; statewide golf trail.—
   40         (1) Enterprise Florida, Inc., may establish within the
   41  state, develop, and promote a comprehensive statewide golf trail
   42  to support the expansion of international and domestic golf
   43  tourism in the state, the creation of jobs, and the economic
   44  development of the golf industry and its related hospitality,
   45  travel, sales, retail, real estate, equipment manufacturing, and
   46  distribution services in the state.
   47         (2) Enterprise Florida, Inc., to the maximum extent
   48  practicable, shall cooperate with existing professional and
   49  amateur golf associations, golf courses, golf industry
   50  businesses, statewide and regional golf marketing efforts, and
   51  the PGA Golf Professional Hall of Fame to effectively implement
   52  the statewide golf trail and promote the state’s regional and
   53  local golf courses and golf industry businesses.
   54         (3) Enterprise Florida, Inc., shall designate and may
   55  license a proprietary name used for promotion of the statewide
   56  golf trail and shall develop criteria for the most effective use
   57  of the brand. Enterprise Florida, Inc., shall maintain and
   58  protect the name, brand, proprietary marks, and other
   59  intellectual property of the statewide golf trail in a manner
   60  consistent with state and federal law which ensures that
   61  Enterprise Florida, Inc., and its licensees have exclusive use
   62  of such name, brand, proprietary marks, and other intellectual
   63  property.
   64         (4) Enterprise Florida, Inc., is encouraged to enter into
   65  licensing arrangements or contracts with golf courses, tourism
   66  promotion agencies, and other golf industry businesses which
   67  facilitate the efficient, cost-effective, and successful
   68  financing, development, and promotion of the statewide golf
   69  trail. However, Enterprise Florida, Inc., may not accept any
   70  financial responsibility or liability for the creation of the
   71  statewide golf trail or its related activities but may receive
   72  compensation for licensing under subsection (3).
   73         (5) The Department of Economic Opportunity, the Florida
   74  Tourism Industry Marketing Corporation, and other economic
   75  development and tourism promotion agencies at the state and
   76  local levels shall support the development, branding, and
   77  promotion of the statewide golf trail.
   78         (6) By February 1 of each year, beginning in 2012,
   79  Enterprise Florida, Inc., shall submit an annual report to the
   80  President of the Senate and the Speaker of the House of
   81  Representatives on the progress and success of the statewide
   82  golf trail.
   83         Section 2. Section 196.2003, Florida Statutes, is created
   84  to read:
   85         196.2003 Donation of golf course property for public
   86  purposes; exemption from ad valorem taxation.—
   87         (1) As used in this section, the term:
   88         (a) “Local government” means a county, municipality, school
   89  district, or other political subdivision of the state.
   90         (b) “Nonprofit organization” means an organization that,
   91  according to the criteria in s. 196.195, is a nonprofit venture.
   92         (2) The owner of a public or private golf course is
   93  encouraged to donate all or any portion of the golf course
   94  property and any vested or permitted rights to the state, a
   95  local government, or a nonprofit organization for use by the
   96  public for recreational, agricultural, environmental, or
   97  educational and training purposes. Such purposes may include,
   98  but are not limited to:
   99         (a) Parks or greenway trails.
  100         (b) Walking, hiking, canoeing, bicycling, or equestrian
  101  activities.
  102         (c) Wildlife viewing, youth recreation, or sports.
  103         (d) Agriculture, urban gardening, fishing, hunting, or
  104  other outdoor uses.
  105         (3) The owner may donate or retain any vested or permitted
  106  rights in golf course property that is donated under this
  107  section.
  108         (4) Any portion of golf course property that is donated to
  109  the state, a local government, or a nonprofit organization for
  110  use by the public for any purpose described in subsection (2) is
  111  eligible for exemption from ad valorem taxation under ss.
  112  196.192 and 196.199.
  113         Section 3. This act shall take effect July 1, 2012.