| 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; amending s. 288.9913, F.S.; |
| 23 | revising definitions of the terms "qualified active |
| 24 | low-income community business" and "qualified |
| 25 | investment" for purposes of the New Markets |
| 26 | Development Program Act; creating s. 196.2003, F.S.; |
| 27 | exempting from ad valorem taxation any portion of golf |
| 28 | course property donated to the state, a local |
| 29 | government, or a nonprofit organization for use by the |
| 30 | public for specified purposes; defining "local |
| 31 | government" and "nonprofit organization" for purposes |
| 32 | of the act; encouraging the donation of public or |
| 33 | private golf course property; authorizing the owners |
| 34 | of golf course property to donate or retain any vested |
| 35 | or permitted rights in the property; providing an |
| 36 | effective date. |
| 37 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
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| 40 | Section 1. Section 288.11685, Florida Statutes, is created |
| 41 | to read: |
| 42 | 288.11685 Promotion of golf tourism and economic |
| 43 | development; statewide golf trail.- |
| 44 | (1) Enterprise Florida, Inc., may establish within the |
| 45 | state, develop, and promote a comprehensive statewide golf trail |
| 46 | to support the expansion of international and domestic golf |
| 47 | tourism in the state, the creation of jobs, and the economic |
| 48 | development of the golf industry and its related hospitality, |
| 49 | travel, sales, retail, real estate, equipment manufacturing, and |
| 50 | distribution services in the state. |
| 51 | (2) Enterprise Florida, Inc., to the maximum extent |
| 52 | practicable, shall cooperate with existing professional and |
| 53 | amateur golf associations, golf courses, golf industry |
| 54 | businesses, statewide and regional golf marketing efforts, and |
| 55 | the PGA Golf Professional Hall of Fame to effectively implement |
| 56 | the statewide golf trail and promote the state's regional and |
| 57 | local golf courses and golf industry businesses. |
| 58 | (3) Enterprise Florida, Inc., shall designate and may |
| 59 | license a proprietary name used for promotion of the statewide |
| 60 | golf trail and shall develop criteria for the most effective use |
| 61 | of the brand. Enterprise Florida, Inc., shall maintain and |
| 62 | protect the name, brand, proprietary marks, and other |
| 63 | intellectual property of the statewide golf trail in a manner |
| 64 | consistent with state and federal law which ensures that |
| 65 | Enterprise Florida, Inc., and its licensees have exclusive use |
| 66 | of such name, brand, proprietary marks, and other intellectual |
| 67 | property. |
| 68 | (4) Enterprise Florida, Inc., is encouraged to enter into |
| 69 | licensing arrangements or contracts with golf courses, tourism |
| 70 | promotion agencies, and other golf industry businesses which |
| 71 | facilitate the efficient, cost-effective, and successful |
| 72 | financing, development, and promotion of the statewide golf |
| 73 | trail. However, Enterprise Florida, Inc., may not accept any |
| 74 | financial responsibility or liability for the creation of the |
| 75 | statewide golf trail or its related activities but may receive |
| 76 | compensation for licensing under subsection (3). |
| 77 | (5) The Department of Economic Opportunity, the Florida |
| 78 | Tourism Industry Marketing Corporation, and other economic |
| 79 | development and tourism promotion agencies at the state and |
| 80 | local levels shall support the development, branding, and |
| 81 | promotion of the statewide golf trail. |
| 82 | (6) By February 1 of each year, beginning in 2012, |
| 83 | Enterprise Florida, Inc., shall submit an annual report to the |
| 84 | President of the Senate and the Speaker of the House of |
| 85 | Representatives on the progress and success of the statewide |
| 86 | golf trail. |
| 87 | Section 2. Paragraph (c) of subsection (5) and subsection |
| 88 | (7) of section 288.9913, Florida Statutes, are amended to read: |
| 89 | 288.9913 Definitions.-As used in ss. 288.991-288.9922, the |
| 90 | term: |
| 91 | (5) "Qualified active low-income community business" means |
| 92 | a corporation, including a nonprofit corporation, or partnership |
| 93 | that complies with each of the following: |
| 94 | (c) Satisfies the requirements of paragraphs (a) and (b), |
| 95 | but does not: |
| 96 | 1. Derive or project to derive 15 percent or more of its |
| 97 | annual revenue from the rental or sale of real estate, unless |
| 98 | the corporation or partnership derives such revenue from the |
| 99 | rental of real estate and the primary lessee and user of such |
| 100 | real estate is another qualified active low-income community |
| 101 | business that is owned or controlled by, or that is under common |
| 102 | ownership or control with, such corporation or partnership; |
| 103 | 2. Engage predominantly in the development or holding of |
| 104 | intangibles for sale or license; |
| 105 | 3. Operate a private or commercial golf course, country |
| 106 | club, massage parlor, hot tub facility, suntan facility, |
| 107 | racetrack, gambling facility, or a store the principal business |
| 108 | of which is the sale of alcoholic beverages for consumption off |
| 109 | premises; or |
| 110 | 4. Engage principally in farming and owns or leases assets |
| 111 | the sum of the aggregate unadjusted bases or the fair market |
| 112 | value of which exceeds $500,000. |
| 113 | (7) "Qualified investment" means an equity investment in, |
| 114 | or a long-term debt security issued by, a qualified community |
| 115 | development entity that: |
| 116 | (a) Is issued solely in exchange for cash; and |
| 117 | (b) Is designated by the qualified community development |
| 118 | entity as a qualified investment under this paragraph and is |
| 119 | approved by the department as a qualified investment. |
| 120 |
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| 121 | Notwithstanding any provision of this section, an investment |
| 122 | made by a qualified active low-income community business in a |
| 123 | project that includes a recreational or sports facility is a |
| 124 | qualified investment if the project, upon completion, is open |
| 125 | and accessible to and affordable by the public, including the |
| 126 | residents of the low-income community in which the project is |
| 127 | located. |
| 128 | Section 3. Section 196.2003, Florida Statutes, is created |
| 129 | to read: |
| 130 | 196.2003 Donation of golf course property for public |
| 131 | purposes; exemption from ad valorem taxation.- |
| 132 | (1) As used in this section, the term: |
| 133 | (a) "Local government" means a county, municipality, |
| 134 | school district, or other political subdivision of the state. |
| 135 | (b) "Nonprofit organization" means an organization that, |
| 136 | according to the criteria in s. 196.195, is a nonprofit venture. |
| 137 | (2) The owner of a public or private golf course is |
| 138 | encouraged to donate all or any portion of the golf course |
| 139 | property and any vested or permitted rights to the state, a |
| 140 | local government, or a nonprofit organization for use by the |
| 141 | public for recreational, agricultural, environmental, or |
| 142 | educational and training purposes. Such purposes may include, |
| 143 | but are not limited to: |
| 144 | (a) Parks or greenway trails. |
| 145 | (b) Walking, hiking, canoeing, bicycling, or equestrian |
| 146 | activities. |
| 147 | (c) Wildlife viewing, youth recreation, or sports. |
| 148 | (d) Agriculture, urban gardening, fishing, hunting, or |
| 149 | other outdoor uses. |
| 150 | (3) The owner may donate or retain any vested or permitted |
| 151 | rights in golf course property that is donated under this |
| 152 | section. |
| 153 | (4) Any portion of golf course property that is donated to |
| 154 | the state, a local government, or a nonprofit organization for |
| 155 | use by the public for any purpose described in subsection (2) is |
| 156 | eligible for exemption from ad valorem taxation under ss. |
| 157 | 196.192 and 196.199. |
| 158 | Section 4. This act shall take effect July 1, 2012. |