Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 268 Barcode 718590 LEGISLATIVE ACTION Senate . House Comm: FAV . 01/19/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Commerce and Tourism (Lynn) 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 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. The department is authorized to 15 establish the cost for entering into a concession agreement. 16 (1) A concession agreement under this section shall be 17 administered by the department and must include the requirements 18 found in this section. 19 (2)(a) Naming rights or space for a commercial sponsorship 20 display may be provided through a concession agreement on 21 certain state-owned 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 to trailheads, trail intersections, directional 25 or distance markers, interpretive exhibits, and parking areas. 26 (c) The size of any sign or display shall be limited as 27 follows: 28 1. A sign or display located at a trailhead or parking area 29 may not exceed 16 square feet. 30 2. All other signs or displays may not exceed 4 square 31 feet. 32 (d) Before installation, each name or sponsorship display 33 must be approved by the department. 34 (e) The department shall set materials and construction 35 standards for all signage displayed. 36 (f) All costs of a display, including its development, 37 construction, installation, operation, maintenance, and removal, 38 shall be paid by the concessionaire. 39 (3) A concession agreement under this section shall be for 40 a minimum of 1 year but may be for a longer period under a 41 multiyear agreement, and may be terminated for just cause by the 42 department with 60 days’ advance notice. Just cause for 43 termination of a concession agreement under this section shall 44 include, but is not limited to, violation of the terms of the 45 concession agreement or any provision found within this section. 46 (4) Naming rights of a facility and commercial sponsorship 47 pursuant to a concession agreement under this section are for 48 public relations or advertising purposes of the not-for-profit 49 entity or private sector business or entity, and shall not be 50 construed by that not-for-profit entity or private sector 51 business or entity as having a relationship to any other actions 52 of the department. 53 (5) This section does not create a proprietary or 54 compensable interest in any sign or display site or location. 55 (6) Proceeds from concession agreements under this section 56 shall be distributed as follows: 57 (a) Eighty-five percent shall be deposited into the 58 appropriate department trust fund that is the source of funding 59 for management and operation of state greenway and trail 60 facilities and properties. 61 (b) Fifteen percent shall be deposited into the State 62 Transportation Trust Fund for use in the Traffic and Bicycle 63 Safety Education Program and the Safe Paths to School Program 64 administered by the Department of Transportation. 65 (7) The department may adopt rules to administer this 66 section. 67 Section 3. This act shall take effect July 1, 2012. 68 69 70 ================= T I T L E A M E N D M E N T ================ 71 And the title is amended as follows: 72 Delete everything before the enacting clause 73 and insert: 74 A bill to be entitled 75 An act relating to the sponsorship of state greenways 76 and trails; creating the “John Anthony Wilson Bicycle 77 Safety Act”; creating s. 260.0144, F.S.; providing for 78 the Department of Environmental Protection to enter 79 into concession agreements for naming rights of state 80 greenway and trail facilities or property or for 81 commercial advertising to be displayed on state 82 greenway and trail facilities or property; providing 83 for distribution of proceeds from such concession 84 agreements; providing an effective date.