Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 946
       
       
       
       
       
       
                                Barcode 462242                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/07/2012           .                                
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       The Committee on Commerce and Tourism (Lynn) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 288.11685, Florida Statutes, is created
    6  to read:
    7         288.11685 Promotion of golf tourism and economic
    8  development; statewide golf trail.—
    9         (1) Enterprise Florida, Inc., may establish within the
   10  state, develop, and promote a comprehensive statewide golf trail
   11  to support the expansion of international and domestic golf
   12  tourism in the state, the creation of jobs, and the economic
   13  development of the golf industry and its related hospitality,
   14  travel, sales, retail, real estate, equipment manufacturing, and
   15  distribution services in the state.
   16         (2) Enterprise Florida, Inc., to the maximum extent
   17  practicable, shall cooperate with existing professional and
   18  amateur golf associations, golf courses, golf industry
   19  businesses, statewide and regional golf marketing efforts, and
   20  the PGA Golf Professional Hall of Fame to effectively implement
   21  the statewide golf trail and promote the state’s regional and
   22  local golf courses and golf industry businesses.
   23         (3) Enterprise Florida, Inc., shall designate and may
   24  license a proprietary name used for promotion of the statewide
   25  golf trail and shall develop criteria for the most effective use
   26  of the brand. Enterprise Florida, Inc., shall maintain and
   27  protect the name, brand, proprietary marks, and other
   28  intellectual property of the statewide golf trail in a manner
   29  consistent with state and federal law which ensures that
   30  Enterprise Florida, Inc., and its licensees have exclusive use
   31  of such name, brand, proprietary marks, and other intellectual
   32  property.
   33         (4) Enterprise Florida, Inc., is encouraged to enter into
   34  licensing arrangements or contracts with golf courses, tourism
   35  promotion agencies, and other golf industry businesses which
   36  facilitate the efficient, cost-effective, and successful
   37  financing, development, and promotion of the statewide golf
   38  trail. However, Enterprise Florida, Inc., may not accept any
   39  financial responsibility or liability for the creation of the
   40  statewide golf trail or its related activities but may receive
   41  compensation for licensing under subsection (3).
   42         (5) The Department of Economic Opportunity, the Florida
   43  Tourism Industry Marketing Corporation, and other economic
   44  development and tourism promotion agencies at the state and
   45  local levels shall support the development, branding, and
   46  promotion of the statewide golf trail.
   47         (6) By February 1 of each year, beginning in 2012,
   48  Enterprise Florida, Inc., shall submit an annual report to the
   49  President of the Senate and the Speaker of the House of
   50  Representatives on the progress and success of the statewide
   51  golf trail.
   52         Section 2. Section 196.2003, Florida Statutes, is created
   53  to read:
   54         196.2003 Donation of golf course property for public
   55  purposes; exemption from ad valorem taxation.—
   56         (1) As used in this section, the term:
   57         (a) “Local government” means a county, municipality, school
   58  district, or other political subdivision of the state.
   59         (b) “Nonprofit organization” means an organization that,
   60  according to the criteria in s. 196.195, is a nonprofit venture.
   61         (2) The owner of a public or private golf course is
   62  encouraged to donate all or any portion of the golf course
   63  property and any vested or permitted rights to the state, a
   64  local government, or a nonprofit organization for use by the
   65  public for recreational, agricultural, environmental, or
   66  educational and training purposes. Such purposes may include,
   67  but are not limited to:
   68         (a) Parks or greenway trails.
   69         (b) Walking, hiking, canoeing, bicycling, or equestrian
   70  activities.
   71         (c) Wildlife viewing, youth recreation, or sports.
   72         (d) Agriculture, urban gardening, fishing, hunting, or
   73  other outdoor uses.
   74         (3) The owner may donate or retain any vested or permitted
   75  rights in golf course property that is donated under this
   76  section.
   77         (4) Any portion of golf course property that is donated to
   78  the state, a local government, or a nonprofit organization for
   79  use by the public for any purpose described in subsection (2) is
   80  eligible for exemption from ad valorem taxation under ss.
   81  196.192 and 196.199.
   82         Section 3. This act shall take effect July 1, 2012.
   83  
   84  ================= T I T L E  A M E N D M E N T ================
   85         And the title is amended as follows:
   86         Delete everything before the enacting clause
   87  and insert:
   88                        A bill to be entitled                      
   89         An act relating to economic development; creating s.
   90         288.11685, F.S.; authorizing Enterprise Florida, Inc.,
   91         to establish a statewide golf trail; requiring
   92         Enterprise Florida, Inc., to cooperate with various
   93         entities; requiring Enterprise Florida, Inc., to
   94         designate a proprietary name for the statewide golf
   95         trail; authorizing Enterprise Florida, Inc., to
   96         license the name and receive compensation for such
   97         licensing; requiring Enterprise Florida, Inc., to
   98         maintain and protect the name, brand, proprietary
   99         marks, and intellectual property of the statewide golf
  100         trail in a specified manner; encouraging Enterprise
  101         Florida, Inc., to enter into certain licensing
  102         arrangements or contracts; prohibiting Enterprise
  103         Florida, Inc., from accepting certain financial
  104         responsibility or liability for the statewide golf
  105         trail; directing various economic development and
  106         tourism promotion agencies to support the statewide
  107         golf trail; requiring Enterprise Florida, Inc., to
  108         submit an annual report to the Legislature on the
  109         statewide golf trail; creating s. 196.2003, F.S.;
  110         defining the terms “local government” and “nonprofit
  111         organization” for purposes of the act; encouraging the
  112         donation of public or private golf course property to
  113         the state, a local government, or a nonprofit
  114         organization for certain purposes; authorizing the
  115         owners of golf course property to donate or retain any
  116         vested or permitted rights in the property; providing
  117         that any portion of golf course property that is
  118         donated is eligible for exemption from ad valorem
  119         taxation; providing an effective date.