Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 560
                                Barcode 466516                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/29/2011           .                                

       The Committee on Transportation (Benacquisto) recommended the
    1         Senate Amendment (with title amendment)
    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 of 2011."
    7         Section 2. Section 260.0144, Florida Statutes, is created
    8  to read:
    9         260.0144Naming rights or space for advertising.—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 advertising 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 advertising
   19  display may be provided through a concession agreement on
   20  certain state-owned greenway or trail facility or property.
   21         (b) Signage or displays erected under this section shall be
   22  limited to trailheads, trail intersections, directional or
   23  distance markers, interpretive exhibits, and parking areas.
   24         (c) The size of any sign or display shall be limited as
   25  follows:
   26         1. A sign or display located at a trailhead or parking area
   27  may not exceed 16 square feet.
   28         2. All other signs or displays may not exceed 4 square
   29  feet.
   30         (d) Naming rights of a facility or commercial advertising
   31  pursuant to a concession agreement under this section are for
   32  public relations or advertising purposes of a not-for-profit
   33  entity or private sector business or entity, and shall not be
   34  construed by that not-for-profit entity or business or entity as
   35  having relationship to any other actions of the department.
   36         (3) A concession agreement under this section shall be for
   37  a minimum of one year but may be for a longer period under a
   38  multiyear agreement, and may be terminated at any time by the
   39  department, at its discretion.
   40         (4)(a) Before installation, each name or advertising
   41  display must be approved by the department, as appropriate.
   42         (b) The department shall set materials and construction
   43  standards for all signage displayed.
   44         (c) All costs of a display, including its development,
   45  construction, installation, operation, maintenance, and removal
   46  shall be paid by the concessionaire.
   47         (5) Proceeds from concession agreements under this section
   48  shall be distributed as follows:
   49         (a) Ninety percent shall be deposited in the appropriate
   50  department trust fund that is the source of funding for
   51  management and operation of state greenway or trail facilities
   52  and properties.
   53         (b) Ten percent shall be distributed, prorated by
   54  population, to district school boards and must be used to
   55  enhance funds for the school district's bicycle education
   56  program or Safe Route to Schools program. The prorated share of
   57  such funds for a district that does not provide one of these
   58  education programs may not be distributed to that district and
   59  shall be deposited into the appropriate department trust fund.
   60         (6) The department may adopt appropriate rules to implement
   61  or interpret this section.
   62         Section 3. This act shall take effect July, 1, 2011.
   64  ================= T I T L E  A M E N D M E N T ================
   65         And the title is amended as follows:
   66         Delete everything before the enacting clause
   67  and insert:
   68                        A bill to be entitled                      
   69         An act relating to the sale of advertising; creating
   70         the "John Anthony Wilson Bicycle Safety Act of 2011";
   71         creating s. 260.0144, F.S.; providing for the
   72         Department of Environmental Protection to enter into
   73         concession agreements for naming rights of state
   74         greenway, trail facilities, and property or commercial
   75         advertising to be displayed on state greenway and
   76         trail facilities or property; providing for
   77         distribution of proceeds from such concession
   78         agreements; providing an effective date.