Florida Senate - 2012 CS for CS for SB 268 By the Committees on Commerce and Tourism; and Transportation; and Senator Wise 577-02066-12 2012268c2 1 A bill to be entitled 2 An act relating to the sponsorship of state greenways 3 and trails; creating the “John Anthony Wilson Bicycle 4 Safety Act”; creating s. 260.0144, F.S.; providing for 5 the Department of Environmental Protection to enter 6 into concession agreements for naming rights of state 7 greenway and trail facilities or property or for 8 commercial advertising to be displayed on state 9 greenway and trail facilities or property; providing 10 for distribution of proceeds from such concession 11 agreements; authorizing the department to adopt rules; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. This act may be cited as the “John Anthony 17 Wilson Bicycle Safety Act.” 18 Section 2. Section 260.0144, Florida Statutes, is created 19 to read: 20 260.0144 Sponsorship of state greenways and trails.—The 21 department may enter into a concession agreement with a not-for 22 profit entity or private sector business or entity for naming 23 rights of state greenway and trail facilities or property or for 24 commercial sponsorship to be displayed on state greenway and 25 trail facilities or property. The department is authorized to 26 establish the cost for entering into a concession agreement. 27 (1) A concession agreement under this section shall be 28 administered by the department and must include the requirements 29 found in this section. 30 (2)(a) Naming rights or space for a commercial sponsorship 31 display may be provided through a concession agreement on 32 certain state-owned greenway or trail facilities or property. 33 (b) Signage or displays erected under this section shall 34 comply with the provisions of s. 337.407 and chapter 479, and 35 shall be limited to trailheads, trail intersections, directional 36 or distance markers, interpretive exhibits, and parking areas. 37 (c) The size of any sign or display shall be limited as 38 follows: 39 1. A sign or display located at a trailhead or parking area 40 may not exceed 16 square feet. 41 2. All other signs or displays may not exceed 4 square 42 feet. 43 (d) Before installation, each name or sponsorship display 44 must be approved by the department. 45 (e) The department shall set materials and construction 46 standards for all signage displayed. 47 (f) All costs of a display, including its development, 48 construction, installation, operation, maintenance, and removal, 49 shall be paid by the concessionaire. 50 (3) A concession agreement under this section shall be for 51 a minimum of 1 year but may be for a longer period under a 52 multiyear agreement, and may be terminated for just cause by the 53 department with 60 days’ advance notice. Just cause for 54 termination of a concession agreement under this section shall 55 include, but is not limited to, violation of the terms of the 56 concession agreement or any provision found within this section. 57 (4) Naming rights of a facility and commercial sponsorship 58 pursuant to a concession agreement under this section are for 59 public relations or advertising purposes of the not-for-profit 60 entity or private sector business or entity, and shall not be 61 construed by that not-for-profit entity or private sector 62 business or entity as having a relationship to any other actions 63 of the department. 64 (5) This section does not create a proprietary or 65 compensable interest in any sign or display site or location. 66 (6) Proceeds from concession agreements under this section 67 shall be distributed as follows: 68 (a) Eighty-five percent shall be deposited into the 69 appropriate department trust fund that is the source of funding 70 for management and operation of state greenway and trail 71 facilities and properties. 72 (b) Fifteen percent shall be deposited into the State 73 Transportation Trust Fund for use in the Traffic and Bicycle 74 Safety Education Program and the Safe Paths to School Program 75 administered by the Department of Transportation. 76 (7) The department may adopt rules to administer this 77 section. 78 Section 3. This act shall take effect July 1, 2012.