(1) A concession agreement shall be administered by the department and must include the requirements found in this section.
(2)(a) Space for a commercial sponsorship display may be provided through a concession agreement on certain state-owned greenway or trail facilities or property.
(b) Signage or displays erected under this section shall comply with the provisions of s. 337.407 and chapter 479, and shall be limited as follows:
1. One large sign or display, not to exceed 16 square feet in area, may be located at each trailhead or parking area.
2. One small sign or display, not to exceed 4 square feet in area, may be located at each designated trail public access point.
(c) Before installation, each name or sponsorship display must be approved by the department.
(d) The department shall ensure that the size, color, materials, construction, and location of all signs are consistent with the management plan for the property and the standards of the department, do not intrude on natural and historic settings, and contain only a logo selected by the sponsor and the following sponsorship wording:
(Name of the sponsor) proudly sponsors the costs of maintaining the (Name of the greenway or trail) .
(e) Sponsored state greenways and trails are authorized at the following facilities or property:
1. Florida Keys Overseas Heritage Trail.
2. Blackwater Heritage Trail.
3. Tallahassee-St. Marks Historic Railroad State Trail.
4. Nature Coast State Trail.
5. Withlacoochee State Trail.
6. General James A. Van Fleet State Trail.
7. Palatka-Lake Butler State Trail.
(f) The department may enter into commercial sponsorship agreements for other state greenways or trails as authorized in this section. A qualified entity that desires to enter into a commercial sponsorship agreement shall apply to the department on forms adopted by department rule.
(g) All costs of a display, including development, construction, installation, operation, maintenance, and removal costs, shall be paid by the concessionaire.
(3) A concession agreement shall be for a minimum of 1 year, but may be for a longer period under a multiyear agreement, and may be terminated for just cause by the department upon 60 days’ advance notice. Just cause for termination of a concession agreement includes, but is not limited to, violation of the terms of the concession agreement or any provision of this section.
(4) Commercial sponsorship pursuant to a concession agreement is for public relations or advertising purposes of the not-for-profit entity or private sector business or entity, and may not be construed by that not-for-profit entity or private sector business or entity as having a relationship to any other actions of the department.
(5) This section does not create a proprietary or compensable interest in any sign, display site, or location.
(6) Proceeds from concession agreements shall be distributed as follows:
(a) Eighty-five percent shall be deposited into the appropriate department trust fund that is the source of funding for management and operation of state greenway and trail facilities and properties.
(b) Fifteen percent shall be deposited into the State Transportation Trust Fund for use in the Traffic and Bicycle Safety Education Program and the Safe Paths to School Program administered by the Department of Transportation.
History.—s. 2, ch. 2012-198; s. 4, ch. 2019-5.