Florida Senate - 2012 CS for CS for CS for SB 268
By the Committees on Environmental Preservation and
Conservation; Commerce and Tourism; and Transportation; and
Senator Wise
592-03360-12 2012268c3
1 A bill to be entitled
2 An act relating to the sponsorship of state greenways
3 and trails; creating the “John Anthony Wilson Bicycle
4 Safety Act”; creating s. 260.0144, F.S.; providing for
5 the Department of Environmental Protection to enter
6 into concession agreements for commercial sponsorship
7 displays to be displayed on certain state greenway and
8 trail facilities or property; providing requirements
9 for concession agreements; specifying which greenways
10 and trails may be included in the sponsorship program;
11 providing for distribution of proceeds from the
12 concession agreements; authorizing the department to
13 adopt rules; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. This act may be cited as the “John Anthony
18 Wilson Bicycle Safety Act.”
19 Section 2. Section 260.0144, Florida Statutes, is created
20 to read:
21 260.0144 Sponsorship of state greenways and trails.—The
22 department may enter into a concession agreement with a not-for
23 profit entity or private sector business or entity for
24 commercial sponsorship to be displayed on state greenway and
25 trail facilities or property specified in this section. The
26 department may establish the cost for entering into a concession
27 agreement.
28 (1) A concession agreement shall be administered by the
29 department and must include the requirements found in this
30 section.
31 (2)(a) Space for a commercial sponsorship display may be
32 provided through a concession agreement on certain state-owned
33 greenway or trail facilities or property.
34 (b) Signage or displays erected under this section shall
35 comply with the provisions of s. 337.407 and chapter 479, and
36 shall be limited as follows:
37 1. One large sign or display, not to exceed 16 square feet
38 in area, may be located at each trailhead or parking area.
39 2. One small sign or display, not to exceed 4 square feet
40 in area, may be located at each designated trail public access
41 point.
42 (c) Before installation, each name or sponsorship display
43 must be approved by the department.
44 (d) The department shall ensure that the size, color,
45 materials, construction, and location of all signs are
46 consistent with the management plan for the property and the
47 standards of the department, do not intrude on natural and
48 historic settings, and contain only a logo selected by the
49 sponsor and the following sponsorship wording:
50
51 ...(Name of the sponsor)...proudly sponsors the costs
52 of maintaining the...(Name of the greenway or
53 trail)....
54
55 (e) Sponsored trails and greenways are authorized only at:
56 1. Florida Keys Overseas Heritage Trail.
57 2. Blackwater Heritage Trail.
58 3. Tallahassee-St. Marks Historic Railroad State Trail.
59 4. Nature Coast State Trail.
60 5. Withlacoochee State Trail.
61 6. General James A. Van Fleet State Trail.
62 7. Palatka-Lake Butler State Trail.
63 (f) All costs of a display, including development,
64 construction, installation, operation, maintenance, and removal
65 costs, shall be paid by the concessionaire.
66 (3) A concession agreement shall be for a minimum of 1
67 year, but may be for a longer period under a multiyear
68 agreement, and may be terminated for just cause by the
69 department upon 60 days’ advance notice. Just cause for
70 termination of a concession agreement includes, but is not
71 limited to, violation of the terms of the concession agreement
72 or any provision of this section.
73 (4) Commercial sponsorship pursuant to a concession
74 agreement is for public relations or advertising purposes of the
75 not-for-profit entity or private sector business or entity, and
76 may not be construed by that not-for-profit entity or private
77 sector business or entity as having a relationship to any other
78 actions of the department.
79 (5) This section does not create a proprietary or
80 compensable interest in any sign, display site, or location.
81 (6) Proceeds from concession agreements shall be
82 distributed as follows:
83 (a) Eighty-five percent shall be deposited into the
84 appropriate department trust fund that is the source of funding
85 for management and operation of state greenway and trail
86 facilities and properties.
87 (b) Fifteen percent shall be deposited into the State
88 Transportation Trust Fund for use in the Traffic and Bicycle
89 Safety Education Program and the Safe Paths to School Program
90 administered by the Department of Transportation.
91 (7) The department may adopt rules to administer this
92 section.
93 Section 3. This act shall take effect July 1, 2012.