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 CS for SB 268
       
       
       
       By the Committees on Environmental Preservation and
       Conservation; Commerce and Tourism; and Transportation; and
       Senator Wise
       
       
       592-03360-12                                           2012268c3
    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 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 may be included in the sponsorship program;
   11         providing for distribution of proceeds from the
   12         concession agreements; authorizing the department to
   13         adopt rules; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. This act may be cited as the “John Anthony
   18  Wilson Bicycle Safety Act.”
   19         Section 2. Section 260.0144, Florida Statutes, is created
   20  to read:
   21         260.0144 Sponsorship of state greenways and trails.—The
   22  department may enter into a concession agreement with a not-for
   23  profit entity or private sector business or entity for
   24  commercial sponsorship to be displayed on state greenway and
   25  trail facilities or property specified in this section. The
   26  department may establish the cost for entering into a concession
   27  agreement.
   28         (1) A concession agreement shall be administered by the
   29  department and must include the requirements found in this
   30  section.
   31         (2)(a) Space for a commercial sponsorship display may be
   32  provided through a concession agreement on certain state-owned
   33  greenway or trail facilities or property.
   34         (b) Signage or displays erected under this section shall
   35  comply with the provisions of s. 337.407 and chapter 479, and
   36  shall be limited as follows:
   37         1. One large sign or display, not to exceed 16 square feet
   38  in area, may be located at each trailhead or parking area.
   39         2. One small sign or display, not to exceed 4 square feet
   40  in area, may be located at each designated trail public access
   41  point.
   42         (c) Before installation, each name or sponsorship display
   43  must be approved by the department.
   44         (d) The department shall ensure that the size, color,
   45  materials, construction, and location of all signs are
   46  consistent with the management plan for the property and the
   47  standards of the department, do not intrude on natural and
   48  historic settings, and contain only a logo selected by the
   49  sponsor and the following sponsorship wording:
   50  
   51         ...(Name of the sponsor)...proudly sponsors the costs
   52         of maintaining the...(Name of the greenway or
   53         trail)....
   54  
   55         (e) Sponsored trails and greenways are authorized only at:
   56         1. Florida Keys Overseas Heritage Trail.
   57         2. Blackwater Heritage Trail.
   58         3. Tallahassee-St. Marks Historic Railroad State Trail.
   59         4. Nature Coast State Trail.
   60         5. Withlacoochee State Trail.
   61         6. General James A. Van Fleet State Trail.
   62         7. Palatka-Lake Butler State Trail.
   63         (f) All costs of a display, including development,
   64  construction, installation, operation, maintenance, and removal
   65  costs, shall be paid by the concessionaire.
   66         (3) A concession agreement shall be for a minimum of 1
   67  year, but may be for a longer period under a multiyear
   68  agreement, and may be terminated for just cause by the
   69  department upon 60 days’ advance notice. Just cause for
   70  termination of a concession agreement includes, but is not
   71  limited to, violation of the terms of the concession agreement
   72  or any provision of this section.
   73         (4) Commercial sponsorship pursuant to a concession
   74  agreement is for public relations or advertising purposes of the
   75  not-for-profit entity or private sector business or entity, and
   76  may not be construed by that not-for-profit entity or private
   77  sector business or entity as having a relationship to any other
   78  actions of the department.
   79         (5) This section does not create a proprietary or
   80  compensable interest in any sign, display site, or location.
   81         (6) Proceeds from concession agreements shall be
   82  distributed as follows:
   83         (a) Eighty-five percent shall be deposited into the
   84  appropriate department trust fund that is the source of funding
   85  for management and operation of state greenway and trail
   86  facilities and properties.
   87         (b) Fifteen percent shall be deposited into the State
   88  Transportation Trust Fund for use in the Traffic and Bicycle
   89  Safety Education Program and the Safe Paths to School Program
   90  administered by the Department of Transportation.
   91         (7) The department may adopt rules to administer this
   92  section.
   93         Section 3. This act shall take effect July 1, 2012.