ENROLLED 2012 Legislature CS for CS for CS for SB 268, 1st Engrossed 2012268er 1 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 commercial sponsorship 7 displays to be displayed on certain state greenway and 8 trail facilities or property; providing requirements 9 for concession agreements; specifying which greenways 10 and trails are included in the initial sponsorships; 11 authorizing the department to enter into sponsorship 12 agreements with entities to sponsor other state 13 greenways and trails; providing for distribution of 14 proceeds from the concession agreements; authorizing 15 the department to adopt rules; providing an effective 16 date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. This act may be cited as the “John Anthony 21 Wilson Bicycle Safety Act.” 22 Section 2. Section 260.0144, Florida Statutes, is created 23 to read: 24 260.0144 Sponsorship of state greenways and trails.—The 25 department may enter into a concession agreement with a not-for 26 profit entity or private sector business or entity for 27 commercial sponsorship to be displayed on state greenway and 28 trail facilities or property specified in this section. The 29 department may establish the cost for entering into a concession 30 agreement. 31 (1) A concession agreement shall be administered by the 32 department and must include the requirements found in this 33 section. 34 (2)(a) Space for a commercial sponsorship display may be 35 provided through a concession agreement on certain state-owned 36 greenway or trail facilities or property. 37 (b) Signage or displays erected under this section shall 38 comply with the provisions of s. 337.407 and chapter 479, and 39 shall be limited as follows: 40 1. One large sign or display, not to exceed 16 square feet 41 in area, may be located at each trailhead or parking area. 42 2. One small sign or display, not to exceed 4 square feet 43 in area, may be located at each designated trail public access 44 point. 45 (c) Before installation, each name or sponsorship display 46 must be approved by the department. 47 (d) The department shall ensure that the size, color, 48 materials, construction, and location of all signs are 49 consistent with the management plan for the property and the 50 standards of the department, do not intrude on natural and 51 historic settings, and contain only a logo selected by the 52 sponsor and the following sponsorship wording: 53 54 ...(Name of the sponsor)...proudly sponsors the costs 55 of maintaining the...(Name of the greenway or 56 trail).... 57 58 (e) Sponsored state greenways and trails are authorized at 59 the following facilities or property: 60 1. Florida Keys Overseas Heritage Trail. 61 2. Blackwater Heritage Trail. 62 3. Tallahassee-St. Marks Historic Railroad State Trail. 63 4. Nature Coast State Trail. 64 5. Withlacoochee State Trail. 65 6. General James A. Van Fleet State Trail. 66 7. Palatka-Lake Butler State Trail. 67 (f) The department may enter into commercial sponsorship 68 agreements for other state greenways or trails as authorized in 69 this section. A qualified entity that desires to enter into a 70 commercial sponsorship agreement shall apply to the department 71 on forms adopted by department rule. 72 (g) All costs of a display, including development, 73 construction, installation, operation, maintenance, and removal 74 costs, shall be paid by the concessionaire. 75 (3) A concession agreement shall be for a minimum of 1 76 year, but may be for a longer period under a multiyear 77 agreement, and may be terminated for just cause by the 78 department upon 60 days’ advance notice. Just cause for 79 termination of a concession agreement includes, but is not 80 limited to, violation of the terms of the concession agreement 81 or any provision of this section. 82 (4) Commercial sponsorship pursuant to a concession 83 agreement is for public relations or advertising purposes of the 84 not-for-profit entity or private sector business or entity, and 85 may not be construed by that not-for-profit entity or private 86 sector business or entity as having a relationship to any other 87 actions of the department. 88 (5) This section does not create a proprietary or 89 compensable interest in any sign, display site, or location. 90 (6) Proceeds from concession agreements shall be 91 distributed as follows: 92 (a) Eighty-five percent shall be deposited into the 93 appropriate department trust fund that is the source of funding 94 for management and operation of state greenway and trail 95 facilities and properties. 96 (b) Fifteen percent shall be deposited into the State 97 Transportation Trust Fund for use in the Traffic and Bicycle 98 Safety Education Program and the Safe Paths to School Program 99 administered by the Department of Transportation. 100 (7) The department may adopt rules to administer this 101 section. 102 Section 3. This act shall take effect July 1, 2012.