Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 268
       
       
       
       
       
       
                                Barcode 494412                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Transportation (Wise) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “John Anthony
    6  Wilson Bicycle Safety Act.”
    7         Section 2. Section 260.0144, Florida Statutes, is created
    8  to read:
    9         260.0144Sponsorship of State Greenways and Trails.—The
   10  department may enter into a concession agreement with a not-for
   11  profit entity or private sector business or entity for naming
   12  rights of state greenway and trail facilities or property or for
   13  commercial sponsorship to be displayed on state greenway and
   14  trail facilities or property.
   15         (1) A concession agreement under this section shall be
   16  administered by the department and must include the requirements
   17  of subsections (3) and (4).
   18         (2)(a) Naming rights or space for a commercial sponsorship
   19  display may be provided through a concession agreement on
   20  certain state-owned greenway or trail facilities or property.
   21         (b) Signage or displays erected under this section shall
   22  comply with the provisions of s. 337.407 and ch. 479, and shall
   23  be limited to trailheads, trail intersections, directional or
   24  distance markers, interpretive exhibits, and parking areas.
   25         (c) The size of any sign or display shall be limited as
   26  follows:
   27         1. A sign or display located at a trailhead or parking area
   28  may not exceed 16 square feet.
   29         2. All other signs or displays may not exceed 4 square
   30  feet.
   31         (d) Naming rights of a facility or commercial sponsorship
   32  pursuant to a concession agreement under this section are for
   33  public relations or advertising purposes of a not-for-profit
   34  entity or private sector business or entity, and shall not be
   35  construed by that not-for-profit entity or business or entity as
   36  having a relationship to any other actions of the department.
   37         (3) A concession agreement under this section shall be for
   38  a minimum of 1 year but may be for a longer period under a
   39  multiyear agreement, and may be terminated for just cause by the
   40  department with sixty days advance notice.
   41         (4)(a) Before installation, each name or sponsorship
   42  display must be approved by the department, as appropriate.
   43         (b) The department shall set materials and construction
   44  standards for all signage displayed.
   45         (c) All costs of a display, including its development,
   46  construction, installation, operation, maintenance, and removal,
   47  shall be paid by the concessionaire.
   48         (5) This section does not create a proprietary or
   49  compensable interest in any sign or display site or location.
   50         (6) Proceeds from concession agreements under this section
   51  shall be distributed as follows:
   52         (a) Eighty-five percent shall be deposited into the
   53  appropriate department trust fund that is the source of funding
   54  for management and operation of state greenway or trail
   55  facilities and properties.
   56         (b) Fifteen percent shall be deposited into the State
   57  Transportation Trust Fund for use in the Florida Traffic and
   58  Bicycle Safety Education program and the Florida Safe Routes to
   59  School program, administered by the Department of Transportation
   60  Safety Office.
   61         (7) The department may adopt rules to administer this
   62  section.
   63         Section 3. This act shall take effect July 1, 2012.
   64  
   65  
   66  ================= T I T L E  A M E N D M E N T ================
   67         And the title is amended as follows:
   68         Delete everything before the enacting clause
   69  and insert:
   70                        A bill to be entitled                      
   71         An act relating to the sponsorship of state greenways and
   72  trails; creating the “John Anthony Wilson Bicycle Safety Act”;
   73  creating s. 260.0144, F.S.; providing for the Department of
   74  Environmental Protection to enter into concession agreements for
   75  naming rights of state greenway and trail facilities or property
   76  or commercial advertising to be displayed on state greenway and
   77  trail facilities or property; providing for distribution of
   78  proceeds from such concession agreements; providing an effective
   79  date.