HB 181

A bill to be entitled
2An act relating to sale of advertising; creating the
3"John Anthony Wilson Bicycle Safety Act"; creating s.
4260.0144, F.S.; providing for the Department of
5Environmental Protection to enter into concession
6agreements for naming rights of state greenway and
7trail facilities or property or commercial advertising
8to be displayed on state greenway and trail facilities
9or property; providing for distribution of proceeds
10from such concession agreements; providing an
11effective date.
13Be It Enacted by the Legislature of the State of Florida:
15     Section 1.  This act may be cited as the "John Anthony
16Wilson Bicycle Safety Act."
17     Section 2.  Section 260.0144, Florida Statutes, is created
18to read:
19     260.0144  Naming rights or space for advertising.-The
20department may enter into a concession agreement with a not-for-
21profit entity or private business or entity for naming rights of
22state greenway and trail facilities or property or for
23commercial advertising to be displayed on state greenway and
24trail facilities or property.
25     (1)  A concession agreement under this section shall be
26administered by the department and must include the requirements
27of subsections (3) and (4).
28     (2)(a)  Naming rights or space for a commercial advertising
29display may be provided through a concession agreement on
30certain state-owned greenway or trail facilities or property.
31     (b)  Signage or displays erected under this section shall
32be limited to trailheads, trail intersections, directional or
33distance markers, interpretive exhibits, and parking areas.
34     (c)  The size of any sign or display shall be limited as
36     1.  A sign or display located at a trailhead or parking
37area may not exceed 16 square feet.
38     2.  All other signs or displays may not exceed 4 square
40     (d)  Naming rights of a facility or commercial advertising
41pursuant to a concession agreement under this section are for
42public relations or advertising purposes of a not-for-profit
43entity or private business or entity, and shall not be construed
44by that not-for-profit entity or private business or entity as
45having a relationship to any other actions of the department.
46     (3)  A concession agreement under this section shall be for
47a minimum of 1 year but may be for a longer period under a
48multiyear agreement, and may be terminated at any time by the
50     (4)(a)  Before installation, each name or advertising
51display must be approved by the department, as appropriate.
52     (b)  The department shall set materials and construction
53standards for all signage displayed.
54     (c)  All costs of a display, including its development,
55construction, installation, operation, maintenance, and removal
56shall be paid by the concessionaire.
57     (5)  Proceeds from concession agreements under this section
58shall be distributed as follows:
59     (a)  Ninety percent shall be deposited into the appropriate
60department trust fund that is the source of funding for
61management and operation of state greenway or trail facilities
62and properties.
63     (b)  Ten percent shall be distributed, prorated by
64population, to district school boards and must be used to
65enhance funds for the school district's bicycle education
66program or Safe Route to Schools Program. The prorated share of
67such funds for a district that does not provide one of these
68education programs may not be distributed to that district and
69shall be deposited into the appropriate department trust fund.
70     (6)  The department may adopt rules to administer this
72     Section 3.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.