Title: Jack Nicklaus Golf Trail of Florida

Summary: Requires DEP's Division of Recreation & Parks to establish & supervise operation of Jack Nicklaus Golf Trail of Florida; requires construction of public golf facility in each park region; provides for locations & amenities of public golf facilities; requires division to contract with golf course development company for design, construction, & development of, & enter into long-term lease for operation of, public golf facilities; provides qualifications for golf course development company, etc.

Full Text:
WHEREAS, Jack Nicklaus has resided in Florida since 1965, and the Nicklaus family has a long history of involvement in numerous local charitable activities, including the Nicklaus Children's Health Care Foundation, and WHEREAS, Jack Nicklaus is a recipient of the Woodrow Wilson Award for Corporate Citizenship, which is given to individuals who exemplify a commitment to the common good and who demonstrate that private companies should be stellar citizens in their own neighborhoods, as well as in the world, and WHEREAS, there is no name more synonymous with greatness in the sport of golf than Jack Nicklaus, winner of a record professional major-championship titles, and WHEREAS, Jack Nicklaus has been named "Golfer of the Century" or "Golfer of the Millenium" by almost every major golf publication in the world, and WHEREAS, Jack Nicklaus has been named Individual Male Athlete of the Century by Sports Illustrated, and one of the Greatest Athletes of the Century by ESPN, and WHEREAS, Jack Nicklaus was honored by President George W. Bush with the Presidential Medal of Freedom, the highest honor given to any United States civilian, and WHEREAS, Jack Nicklaus played on six Ryder Cup teams, served as United States captain on two Ryder Cup teams, and served as United States captain on four Presidents Cup teams, and WHEREAS, Jack Nicklaus has won more major championships than any other professional golfer (six Masters Tournaments, five PGA Championships, four United States Open Championships, and three British Open Championships), and WHEREAS, Jack Nicklaus is a five-time winner of the PGA Player of the Year Award and was the PGA Tour's leading money-winner eight times and runner-up six times, and WHEREAS, the legend of Jack Nicklaus has been built with his generous contributions as a player, golf course designer, businessman, and philanthropist, and WHEREAS, for a record consecutive years (2004-2009), Golf Inc. Magazine ranked Jack Nicklaus "The Most Powerful Person in Golf" due to his impact on various aspects of the industry through his course-design work, marketing and licensing business, his ambassadorial role in promoting and growing the game worldwide, and his involvement on a national and global level with various charitable causes, and WHEREAS, Jack Nicklaus has been involved in the design of nearly courses open for play worldwide, and his business, Nicklaus Design, has almost courses open for play around the world, and WHEREAS, Nicklaus Design golf courses are represented in countries, states, and at least of the golf courses have hosted a combined total of more than professional tournaments or significant national amateur championships, and WHEREAS, at least Nicklaus Design golf courses have appeared in various national and international Top-100 lists, and WHEREAS, Jack Nicklaus and Nicklaus Design have a long history of environmental stewardship, and have been lauded worldwide for their approach to designing environmentally sensitive and responsible golf courses, and WHEREAS, Nicklaus Design golf courses have received numerous honors for environmental leadership and stewardship, and WHEREAS, at least Nicklaus Design golf courses have been involved in Audubon International, of which six golf courses have earned membership into the Audubon Signature Certified Program which requires members to maintain the highest level of sustainable design and development, and two golf courses have achieved the prestigious gold level status, and WHEREAS, Jack Nicklaus was the recipient of the prestigious John James Audubon Special Recognition Award for his environmentally sensitive work at the TPC Michigan Golf Course, and WHEREAS, Nicklaus Design was the recipient of the Golf Digest Environmental Leaders in Golf Award for the Old Works Golf Course in Anaconda, Montana, which is located on one of the largest Superfund sites in the nation and considered by Golf Digest to be one of the most important golf courses in the world, and WHEREAS, Jack Nicklaus designed the Golf Club at Harbor Shores, in Benton Harbor, Michigan, which is centerpiece of one of the largest community revitalization projects in the country and recognized by multiple golf publications as one of the Best New Courses in America, and WHEREAS, the Legislature intends to preserve, protect, and enhance tourism as a vital part of the state economy, and WHEREAS, the creation of environmentally sensitive public golf facilities within existing state parks will create jobs, support local tourism-based small and large business, and increase state and local revenues, and WHEREAS, the creation of environmentally sensitive public golf facilities can elevate the state's reputation throughout the United States as a premier golf destination capable of hosting major golf championships, and WHEREAS, the creation of public golf facilities designed by Jack Nicklaus is in the public interest and will serve as a tourism development project to increase the use of existing state parks by residents and tourists, NOW, THEREFORE, 123 Be It Enacted by the Legislature of the State of Florida: 125 Section 1. The Legislature intends to increase tourism and enhance the state's economy by encouraging the establishment of public golf facilities within the state's existing state parks through an efficient, effective, and responsive regulatory process free from unnecessarily burdensome requirements. The Legislature finds that creation of the Jack Nicklaus Golf Trail of Florida will be a tourism-development project that will increase the use of existing state parks by residents and tourists. The Legislature further finds that creation of the Jack Nicklaus Golf Trail of Florida will enhance the state's reputation throughout the United States as a premier golf destination. Section 2. Section 258.161, Florida Statutes, is created to read: 258.161 Jack Nicklaus Golf Trail of Florida.-(1) As used in this section, the term: (a) "Department" means the Department of Environmental Protection. (b) "Division" means the Division of Recreation and Parks of the department. (2)(a) The division shall establish and supervise the development and operation of the Jack Nicklaus Golf Trail of Florida. The Jack Nicklaus Golf Trail of Florida shall consist of at least one public golf facility within each of the five park regions defined in s. 258.001, including one such facility at Jonathan Dickinson State Park in Martin County. (b) Each public golf facility of the Jack Nicklaus Golf Trail of Florida must be designed by Jack Nicklaus and shall be located, to the extent practicable, within a state park of at least 3,000 acres which is located in proximity to a highway of the interstate highway system or turnpike system and major metropolitan areas. The division shall coordinate with Jack Nicklaus and the golf course development company selected under subsection (3) to identify state park locations that fulfill these criteria. (c) Each public golf facility shall include, at a minimum, an 18-hole public golf course, a practice area, a clubhouse with limited food service and parking, and a golf course maintenance building. The public golf facility shall be designed and built in an environmentally sensitive manner and be open to the general public. The public golf facility may include a hotel to enhance the benefit to the tourism industry. (d) The division may, upon completion of a public golf facility within each of the five park regions as provided in paragraph (a), approve additional public golf facilities that are developed and operated in accordance with this section. (3)(a) The division shall, subject to a competitive solicitation process, contract with a golf course development company for the design, construction, and development of the public golf facilities and enter into a long-term lease with the company for operation of the facilities. The golf course development company selected by the division must: 1. Be a business entity authorized to conduct business in this state. 2. Provide reasonable assurances that the company's operation of the Jack Nicklaus Golf Trail of Florida will generate revenues sufficient to pay the revenue bonds authorized by this section. 3. Demonstrate through independent analysis or study that the Jack Nicklaus Golf Trail of Florida will promote tourism and increase the use of state parks by residents and tourists. 4. Demonstrate at least years' experience in successful development and operation of public and private golf facilities that have received awards and honors from reputable national organizations. 5. Demonstrate experience in the successful development within state parks of another state of golf facilities that have received awards and honors from reputable national organizations. 6. Provide proof that Jack Nicklaus has agreed to work with the company on the design and construction of the public golf facilities. (b) The golf course development company selected under this subsection must adhere to the standards approved by Jack Nicklaus for maintaining the quality of the public golf facility. (4) Notwithstanding any other law, the golf course development company selected to operate the public golf facilities is eligible for issuance of an alcoholic beverage license under ss. 561.19 and 561.20(7). (5)(a) Regulation of the development and operation of public golf facilities under this section is preempted to the state. Any such regulation adopted by a county, municipality, or other political subdivision is void, regardless of when adopted. (b) Notwithstanding any other law, this section supersedes any law or agency rule that conflicts with this section. (c) The department shall provide for an efficient, effective, and responsive regulatory process free from unnecessarily burdensome requirements. (6)(a) The Division of Bond Finance of the State Board of Administration may issue revenue bonds on behalf of the department to finance or refinance the costs of the design, construction, and development of the public golf facilities of the Jack Nicklaus Golf Trail of Florida in accordance with s. 11(f), Art. VII of the State Constitution. Repayment of principal and interest for such bonds shall be payable exclusively from revenues pledged from operation of the public golf facilities. (b) Proceeds from each issue of the revenue bonds, except as provided in the State Bond Act, may only be used for payment of the costs of the design, construction, and development of the public golf facilities established under this section. The proceeds shall be disbursed in such a manner and under such restrictions, if any, as the Division of Bond Finance may provide in the resolution authorizing issuance of the bonds. (c) Bond proceeds and any revenues pledged for repayment of the bonds may not be used for any project that is not part of the Jack Nicklaus Golf Trail of Florida. Section 3. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Section 4. This act shall take effect July 1, 2011.