Florida Senate - 2012 CS for SB 268
By the Committee on Transportation; and Senator Wise
596-01557-12 2012268c1
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; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. This act may be cited as the “John Anthony
16 Wilson Bicycle Safety Act.”
17 Section 2. Section 260.0144, Florida Statutes, is created
18 to read:
19 260.0144 Sponsorship of state greenways and trails.—The
20 department may enter into a concession agreement with a not-for
21 profit entity or private sector business or entity for naming
22 rights of state greenway and trail facilities or property or for
23 commercial sponsorship to be displayed on state greenway and
24 trail facilities or property.
25 (1) A concession agreement under this section shall be
26 administered by the department and must include the requirements
27 of subsections (3) and (4).
28 (2)(a) Naming rights or space for a commercial sponsorship
29 display may be provided through a concession agreement on
30 certain state-owned greenway or trail facilities or property.
31 (b) Signage or displays erected under this section shall
32 comply with the provisions of s. 337.407 and chapter 479, and
33 shall be limited to trailheads, trail intersections, directional
34 or distance markers, interpretive exhibits, and parking areas.
35 (c) The size of any sign or display shall be limited as
36 follows:
37 1. A sign or display located at a trailhead or parking area
38 may not exceed 16 square feet.
39 2. All other signs or displays may not exceed 4 square
40 feet.
41 (d) Naming rights of a facility and commercial sponsorship
42 pursuant to a concession agreement under this section are for
43 public relations or advertising purposes of the not-for-profit
44 entity or private sector business or entity, and shall not be
45 construed by that not-for-profit entity or private sector
46 business or entity as having a relationship to any other actions
47 of the department.
48 (3) A concession agreement under this section shall be for
49 a minimum of 1 year but may be for a longer period under a
50 multiyear agreement, and may be terminated for just cause by the
51 department with 60 days’ advance notice.
52 (4)(a) Before installation, each name or sponsorship
53 display must be approved by the department, as appropriate.
54 (b) The department shall set materials and construction
55 standards for all signage displayed.
56 (c) All costs of a display, including its development,
57 construction, installation, operation, maintenance, and removal,
58 shall be paid by the concessionaire.
59 (5) This section does not create a proprietary or
60 compensable interest in any sign or display site or location.
61 (6) Proceeds from concession agreements under this section
62 shall be distributed as follows:
63 (a) Eighty-five percent shall be deposited into the
64 appropriate department trust fund that is the source of funding
65 for management and operation of state greenway and trail
66 facilities and properties.
67 (b) Fifteen percent shall be deposited into the State
68 Transportation Trust Fund for use in the Traffic and Bicycle
69 Safety Education Program and the Safe Paths to School Program
70 administered by the Department of Transportation.
71 (7) The department may adopt rules to administer this
72 section.
73 Section 3. This act shall take effect July 1, 2012.