Bill Text: FL S0268 | 2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sponsorship of State Greenways and Trails

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Engrossed - Dead) 2012-03-07 - Ordered enrolled -SJ 958 [S0268 Detail]

Download: Florida-2012-S0268-Comm_Sub.html

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       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.