THE BILL ITSELF
SB 446
Large-scale County Destination Marketing Organizations
Florida Senate - 2026 SB 446 By Senator Smith 17-00069-26 2026446__
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A bill to be entitled
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An act relating to large-scale county destination
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marketing organizations; creating s. 288.12267, F.S.;
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defining the term “large-scale county destination
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marketing organization”; requiring large-scale county
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destination marketing organizations to register with
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the Department of State; requiring the department to
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maintain a list of large-scale county destination
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marketing organizations on its website; requiring a
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one-to-one match of private to public contributions to
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fund large-scale county destination marketing
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organizations; providing sources and exclusions of
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public and private contribution funding; requiring a
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large-scale county destination marketing organization
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to revert all unmatched public contributions to the
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corresponding counties or municipalities with which
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the large-scale county destination marketing
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organization is contracted by a certain date each
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year; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 288.12267, Florida Statutes, is created
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to read:
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288.12267 Large-scale county destination marketing
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organizations.—
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(1) DEFINITION.—For purposes of this section, the term
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“large-scale county destination marketing organization” has the
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same meaning as the term “county destination marketing
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organization” as defined in s. 288.005, but refers only to such
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organizations or agencies with an annual operating budget of $5
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million or more.
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(2) REGISTRATION.—A large-scale county destination
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marketing organization must register with the Department of
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State, and the department shall maintain a directory on its
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website of all large-scale county destination marketing
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organizations operating in this state.
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(3) MATCHING REQUIREMENTS.—A one-to-one match is required
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of private to public contributions to a large-scale county
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destination marketing organization. Public contributions include
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all state and local appropriations to a large-scale county
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destination marketing organization.
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(a) For purposes of calculating the required one-to-one
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match, a large-scale county destination marketing organization
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shall receive matching private contributions in one of four
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private match categories. The large-scale county destination
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marketing organization shall maintain documentation of such
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categorized contributions on file and make such documentation
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available for inspection upon reasonable notice during its
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regular business hours. The private match categories are:
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1. Direct cash contributions from private sources, which
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include, but are not limited to, cash derived from strategic
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alliances, contributions of stocks and bonds, and partnership
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contributions.
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2. Fees for services, which include, but are not limited
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to, event participation, research, and brochure placement.
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3. Cooperative advertising, which is limited to partner
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expenditures for paid media placement, partner expenditures for
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collateral material distribution, and the actual market value of
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contributed productions, broadcast air time, and print space.
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4. In-kind contributions, which are limited to the actual
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market value of promotional contributions of partner-supplied
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benefits to target audiences and the actual market value of
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nonpartner-supplied air time or print space contributed for the
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broadcasting or printing of such promotions that would otherwise
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require tourist promotion expenditures by a large-scale county
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destination marketing organization for advertising, air travel,
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rental car fees, hotel rooms, RV or campsite space rental,
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onsite guest services, and admission tickets. The net value of
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air time or print space, if any, is deemed to be the actual
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market value of the air time or print space, based on an average
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of actual unit prices paid contemporaneously for comparable
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times or spaces, less the value of increased ratings or other
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benefits realized by the media outlet as a result of the
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promotion.
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Contributions from a governmental entity or from an entity that
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received more than 50 percent of its revenue in the previous
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fiscal year from public sources, including revenue derived from
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taxes, from fees, or from other government revenues, are not
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considered private contributions for purposes of calculating the
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required one-to-one match.
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(b) If a large-scale county destination marketing
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organization fails to meet the one-to-one match requirements of
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this subsection, the large-scale county destination marketing
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organization must, by June 30 of each fiscal year, revert all
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unmatched public contributions to the treasuries of the
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corresponding counties or municipalities with which the large
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scale county destination marketing organization is contracted.
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Section 2. This act shall take effect July 1, 2026.