| 1 | A bill to be entitled |
| 2 | An act relating to sale of advertising; creating the |
| 3 | "John Anthony Wilson Bicycle Safety Act"; creating s. |
| 4 | 260.0144, F.S.; providing for the Department of |
| 5 | Environmental Protection to enter into concession |
| 6 | agreements for naming rights of state greenway and |
| 7 | trail facilities or property or commercial advertising |
| 8 | to be displayed on state greenway and trail facilities |
| 9 | or property; providing for distribution of proceeds |
| 10 | from such concession agreements; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 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 Naming rights or space for advertising.-The |
| 20 | department may enter into a concession agreement with a not-for- |
| 21 | profit entity or private business or entity for naming rights of |
| 22 | state greenway and trail facilities or property or for |
| 23 | commercial advertising 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 advertising |
| 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 | be limited to trailheads, trail intersections, directional or |
| 33 | distance markers, interpretive exhibits, and parking areas. |
| 34 | (c) The size of any sign or display shall be limited as |
| 35 | follows: |
| 36 | 1. A sign or display located at a trailhead or parking |
| 37 | area may not exceed 16 square feet. |
| 38 | 2. All other signs or displays may not exceed 4 square |
| 39 | feet. |
| 40 | (d) Naming rights of a facility or commercial advertising |
| 41 | pursuant to a concession agreement under this section are for |
| 42 | public relations or advertising purposes of a not-for-profit |
| 43 | entity or private business or entity, and shall not be construed |
| 44 | by that not-for-profit entity or private business or entity as |
| 45 | having a relationship to any other actions of the department. |
| 46 | (3) A concession agreement under this section shall be for |
| 47 | a minimum of 1 year but may be for a longer period under a |
| 48 | multiyear agreement, and may be terminated at any time by the |
| 49 | department. |
| 50 | (4)(a) Before installation, each name or advertising |
| 51 | display must be approved by the department, as appropriate. |
| 52 | (b) The department shall set materials and construction |
| 53 | standards for all signage displayed. |
| 54 | (c) All costs of a display, including its development, |
| 55 | construction, installation, operation, maintenance, and removal |
| 56 | shall be paid by the concessionaire. |
| 57 | (5) Proceeds from concession agreements under this section |
| 58 | shall be distributed as follows: |
| 59 | (a) Ninety percent shall be deposited into the appropriate |
| 60 | department trust fund that is the source of funding for |
| 61 | management and operation of state greenway or trail facilities |
| 62 | and properties. |
| 63 | (b) Ten percent shall be distributed, prorated by |
| 64 | population, to district school boards and must be used to |
| 65 | enhance funds for the school district's bicycle education |
| 66 | program or Safe Route to Schools Program. The prorated share of |
| 67 | such funds for a district that does not provide one of these |
| 68 | education programs may not be distributed to that district and |
| 69 | shall be deposited into the appropriate department trust fund. |
| 70 | (6) The department may adopt rules to administer this |
| 71 | section. |
| 72 | Section 3. This act shall take effect July 1, 2012. |