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:
9 260.0144 Sponsorship 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.