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         260.0144Sponsorship 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.