Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 268
       
       
       
       
       
       
                                Barcode 718590                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/19/2012           .                                
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       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         260.0144Sponsorship 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. 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.