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.