Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 268
       
       
       
       
       
       
                                Barcode 517104                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/14/2012           .                                
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       The Committee on Environmental Preservation and Conservation
       (Latvala) 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
   12  commercial sponsorship to be displayed on state greenway and
   13  trail facilities or property specified in this section. The
   14  department may establish the cost for entering into a concession
   15  agreement.
   16         (1)A concession agreement shall be administered by the
   17  department and must include the requirements found in this
   18  section.
   19         (2)(a)Space for a commercial sponsorship display may be
   20  provided through a concession agreement on certain state-owned
   21  greenway or trail facilities or property.
   22         (b)Signage or displays erected under this section shall
   23  comply with the provisions of s. 337.407 and chapter 479, and
   24  shall be limited as follows:
   25         1.One large sign or display, not to exceed 16 square feet
   26  in area, may be located at each trailhead or parking area.
   27         2.One small sign or display, not to exceed 4 square feet
   28  in area, may be located at each designated trail public access
   29  point.
   30         (c)Before installation, each name or sponsorship display
   31  must be approved by the department.
   32         (d)The department shall ensure that the size, color,
   33  materials, construction, and location of all signs are
   34  consistent with the management plan for the property and the
   35  standards of the department, do not intrude on natural and
   36  historic settings, and contain only a logo selected by the
   37  sponsor and the following sponsorship wording:
   38  
   39         ...(Name of the sponsor)...proudly sponsors the costs
   40         of maintaining the...(Name of the greenway or
   41         trail)....
   42  
   43         (e) Sponsored trails and greenways are authorized only at:
   44         1.Blackwater Heritage Trail.
   45         2.Tallahassee-St. Marks Historic Railroad State Trail.
   46         3.Nature Coast State Trail.
   47         4.Withlacoochee State Trail.
   48         5.General James A. Van Fleet State Trail.
   49         6.Palatka-Lake Butler State Trail.
   50         (f)All costs of a display, including development,
   51  construction, installation, operation, maintenance, and removal
   52  costs, shall be paid by the concessionaire.
   53         (3)A concession agreement shall be for a minimum of 1
   54  year, but may be for a longer period under a multiyear
   55  agreement, and may be terminated for just cause by the
   56  department upon 60 days’ advance notice. Just cause for
   57  termination of a concession agreement includes, but is not
   58  limited to, violation of the terms of the concession agreement
   59  or any provision of this section.
   60         (4)Commercial sponsorship pursuant to a concession
   61  agreement is for public relations or advertising purposes of the
   62  not-for-profit entity or private sector business or entity, and
   63  may not be construed by that not-for-profit entity or private
   64  sector business or entity as having a relationship to any other
   65  actions of the department.
   66         (5)This section does not create a proprietary or
   67  compensable interest in any sign, display site, or location.
   68         (6)Proceeds from concession agreements shall be
   69  distributed as follows:
   70         (a)Eighty-five percent shall be deposited into the
   71  appropriate department trust fund that is the source of funding
   72  for management and operation of state greenway and trail
   73  facilities and properties.
   74         (b)Fifteen percent shall be deposited into the State
   75  Transportation Trust Fund for use in the Traffic and Bicycle
   76  Safety Education Program and the Safe Paths to School Program
   77  administered by the Department of Transportation.
   78         (7)The department may adopt rules to administer this
   79  section.
   80         Section 3. This act shall take effect July 1, 2012.
   81  
   82  ================= T I T L E  A M E N D M E N T ================
   83         And the title is amended as follows:
   84         Delete everything before the enacting clause
   85  and insert:
   86                        A bill to be entitled                      
   87         An act relating to the sponsorship of state greenways
   88         and trails; creating the “John Anthony Wilson Bicycle
   89         Safety Act”; creating s. 260.0144, F.S.; providing for
   90         the Department of Environmental Protection to enter
   91         into concession agreements for commercial sponsorship
   92         displays to be displayed certain on state greenway and
   93         trail facilities or property; providing requirements
   94         for concession agreements; specifying which greenways
   95         and trails may be included in the sponsorship program;
   96         providing for distribution of proceeds from the
   97         concession agreements; authorizing the department to
   98         adopt rules; providing an effective date.