Florida Senate - 2011 SB 1846
By Senator Thrasher
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A bill to be entitled
1 An act relating to the Jack Nicklaus Golf Trail;
2 providing a short title; providing legislative intent;
3 providing definitions; requiring the Division of
4 Recreation and Parks of the Department of
5 Environmental Protection to supervise the design and
6 construction of the Jack Nicklaus Golf Trail;
7 specifying the locations and the requirements for the
8 public golf facilities in state parks; requiring the
9 division to coordinate with Jack Nicklaus and the
10 company selected to identify state park locations;
11 authorizing the division to approve additional public
12 golf facilities; directing the division to initiate a
13 competitive bidding process for the selection of a
14 golf course development company to enter into a
15 contract for the development of public golf facilities
16 in state parks and for a long-term lease for the
17 operation of the facilities; specifying the minimum
18 qualifications for the selected golf course
19 development company; requiring that the public golf
20 facilities created pursuant to the act be designed by
21 Jack Nicklaus; authorizing the issuance of an
22 alcoholic beverage license to the golf course
23 development company; preempting the regulation of any
24 political subdivision, municipality, or agency
25 concerning the development and operation of the public
26 golf facilities authorized by the act; authorizing the
27 division to issue revenue bonds to finance the cost of
28 the golf courses; specifying requirements for and
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limitations on the revenue bonds; providing an
30 effective date.
31
32 WHEREAS, Jack Nicklaus has resided in Florida since 1965,
33 and the Nicklaus family has a long history of involvement in
34 numerous local charitable activities, including the Nicklaus
35 Children’s Health Care Foundation, and
36 WHEREAS, Jack Nicklaus was the recipient of the Woodrow
37 Wilson Award for Corporate Citizenship, an award given to
38 executives who demonstrate a commitment to the common good, and
39 was honored by President George W. Bush with the Presidential
40 Medal of Freedom, the highest honor given to any civilian, and
41 WHEREAS, Jack Nicklaus is one of the greatest golfers of
42 all times, having won six Masters Golf Tournaments, five PGA
43 Championships, four U.S. Opens, and three British Opens, having
44 been honored by Sports Illustrated with its “Best Individual
45 Male Athlete of the 20th Century” award, and having been named
46 “One of the 10 Greatest Athletes of the Century” by ESPN and
47 “The Most Powerful Person in Golf” by Golf, and
48 WHEREAS, Jack Nicklaus has been involved in the design of
49 nearly 300 golf courses, 63 of which have appeared on national
50 and international “Top-100” lists, and his business, Nicklaus
51 Design, has designed courses in 34 countries and 39 states, 90
52 of which have hosted a combined total of more than 600
53 professional tournaments and significant national amateur
54 championships, and
55 WHEREAS, Jack Nicklaus and Nicklaus Design have a long
56 history of environmental stewardship, with 40 Nicklaus-designed
57 golf courses certified by Audubon International, and Nicklaus
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Design’s Old Greenwood Golf Course in Truckee, California,
59 winning the Golf Digest Environmental Leaders in Golf Award, and
60 WHEREAS, Jack Nicklaus was the recipient of the prestigious
61 John James Audubon Special Recognition Award for his
62 environmentally friendly golf course designs, and
63 WHEREAS, it is the intent of the Legislature to preserve,
64 protect, and enhance tourism as a vital part of the state
65 economy, and
66 WHEREAS, the Legislature finds that the creation of
67 environmentally sensitive public golf facilities within state
68 parks will create jobs, support local tourism-based businesses,
69 increase state and local revenues, and elevate the state’s
70 reputation as a premier golf destination capable of hosting
71 major golf championships, and
72 WHEREAS, the creation of public golf facilities designed by
73 Jack Nicklaus is in the public interest and will promote tourism
74 development, increasing the use of existing state parks by
75 residents of this state and tourists, NOW, THEREFORE,
76
77 Be It Enacted by the Legislature of the State of Florida:
78
79 Section 1. This act may be cited as the “Jack Nicklaus Golf
80 Trail of Florida Act.”
81 Section 2. Jack Nicklaus Golf Trail.—
82 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
83 to stimulate the growth of tourism and the state economy by
84 enhancing the state’s reputation as a premier golfing
85 destination and encouraging the location of public golf
86 facilities within Florida’s existing state parks through an
87
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efficient, effective, and responsive regulatory process free
88 from unnecessarily burdensome requirements. The Legislature
89 finds that the creation of the Jack Nicklaus Golf Trail will
90 serve as a tourism-development project that will increase the
91 use of the existing state parks by residents of this state and
92 tourists.
93 (2) DEFINITIONS.—As used in this section, the term:
94 (a) “Department” means the Department of Environmental
95 Protection.
96 (b) “Division” means the Division of Recreation and Parks
97 of the department.
98 (3) THE JACK NICKLAUS GOLF TRAIL.—
99 (a) The division shall supervise the design and
100 construction of the Jack Nicklaus Golf Trail of Florida. The
101 Jack Nicklaus Golf Trail of Florida is created to consist of at
102 least five public golf facilities, each located within one of
103 the five state park regions specified in s. 258.001, Florida
104 Statutes.
105 (b) Each public golf facility shall be located, to the
106 extent possible, in a state park of at least 3,000 acres in size
107 which is near interstate highways and major metropolitan areas.
108 The division shall coordinate with Jack Nicklaus and the company
109 selected pursuant to subsection (4) to identify state park
110 locations that meet these criteria.
111 (c) Each public golf facility must include, at a minimum,
112 an 18-hole public golf course, a practice area, a clubhouse
113 having limited food service and parking, and a golf course
114 maintenance building. The public golf facility must be built in
115 an environmentally sensitive manner and be open to the general
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public. The facility may include a hotel.
117 (d) The division may approve additional public golf
118 facilities consistent with the requirements of this section upon
119 completion of the initial five public golf facilities authorized
120 in paragraphs (a) and (b). The additional facilities shall be
121 developed and operated in accordance with this section.
122 (4) OPERATION AND MAINTENANCE; SELECTION OF OPERATOR.—
123 (a) The division shall, subject to a competitive
124 procurement process, select a golf course development company to
125 enter into a contract for the development of the public golf
126 facilities and a long-term lease for the operation of the
127 facilities. In selecting the company, the division must consider
128 whether the company meets all of the following minimum
129 qualifications:
130 1. It is an entity authorized to conduct business in this
131 state.
132 2. It demonstrates that operation of the Jack Nicklaus Golf
133 Trail will generate revenues sufficient to pay the revenue bonds
134 authorized by this section.
135 3. It demonstrates through an independent analysis or study
136 that the Jack Nicklaus Golf Trail will promote tourism and
137 increase the use of state parks by residents and tourists.
138 4. It demonstrates at least 20 years of experience in the
139 successful development and operation of public and private golf
140 facilities that have received accolades and awards from
141 reputable national organizations.
142 5. It demonstrates experience in successful development of
143 golf facilities within the state parks of at least one other
144 state which have received accolades and awards from reputable
145
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national organizations.
146 6. It includes, as part of its application, a certification
147 that Jack Nicklaus has agreed to work with the company on the
148 design and construction of the public golf facilities.
149 (b) The public golf facilities created pursuant to this
150 section must be designed by Jack Nicklaus. Upon selection of the
151 company, the division shall enter into a contract for the
152 development of the facilities and a long-term lease for their
153 operation by the company.
154 (c) The company selected pursuant to this section must
155 adhere to standards approved by Jack Nicklaus to maintain the
156 quality of the public golf facilities.
157 (5) ALCOHOLIC BEVERAGE LICENSE.—Notwithstanding any
158 provision of law to the contrary, the company selected pursuant
159 to subsection (4) is eligible for issuance of an alcoholic
160 beverage license pursuant to s. 561.20(7), Florida Statutes.
161 (6) SUPERSEDED LAWS AND REGULATIONS.—The state, by the
162 enactment of this section, expressly preempts the regulation of
163 any political subdivision, municipality, or agency concerning
164 the development and operation of the public golf facilities
165 authorized by this section.
166 (7) REVENUE BONDS.—
167 (a) The state may issue bonds pursuant to the State Bond
168 Act, ss. 215.57-215.83, Florida Statutes, for the purpose of
169 paying all or any part of the cost of any one or more approved
170 public golf facilities within the Jack Nicklaus Golf Trail. The
171 principal of, and the interest on, such bonds must be payable
172 solely from revenues pledged for their payment from operation of
173 the public golf facilities.
174
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(b) The proceeds of the bonds of each issue may be used
175 only for the payment of the cost of the public golf facilities
176 for which such bonds shall have been issued, except as provided
177 in the State Bond Act. The proceeds shall be disbursed and used
178 as provided by this section and in such manner and under such
179 restrictions, if any, as the Division of Bond Finance may
180 provide in the resolution authorizing the issuance of the bonds.
181 All revenues and bond proceeds from the Jack Nicklaus Golf Trail
182 received by the department pursuant to this section may be used
183 only for the cost of golf course construction projects and
184 improvements and for the administration, operation, maintenance,
185 and financing of the Jack Nicklaus Golf Trail. Revenues or bond
186 proceeds from the Jack Nicklaus Golf Trail may be spent only for
187 the operation, maintenance, construction, or financing of a
188 project that is part of the Jack Nicklaus Golf Trail.
189 (c) The Division of Bond Finance may issue revenue bonds on
190 behalf of the department to finance or refinance the cost of
191 golf course projects within the Jack Nicklaus Golf Trail of
192 Florida pursuant to s. 11, Article VII of the State
193 Constitution.
194 Section 3. This act shall take effect upon becoming a law.
195
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