Florida Senate - 2011                                    SB 1124
       By Senator Montford
       6-01348-11                                            20111124__
    1                        A bill to be entitled                      
    2         An act relating to public school buses; amending s.
    3         1006.25, F.S.; providing for district school board
    4         policies that authorize commercial advertisements on
    5         school buses; providing policy requirements relating
    6         to reimbursement to the school district, prohibited
    7         advertisements, and signage and equipment standards;
    8         requiring a school bus to be withdrawn from use under
    9         certain circumstances; providing school district
   10         indemnification from liability; providing for the
   11         remittance and allocation of revenue; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (5) is added to section 1006.25,
   17  Florida Statutes, to read:
   18         1006.25 School buses.—School buses shall be defined and
   19  meet specifications as follows:
   20         (5) ADVERTISEMENTS.—
   21         (a) Commercial advertisements may be placed on the exterior
   22  of a school bus according to district school board policies that
   23  require the following:
   24         1. The school district must be reimbursed by the advertiser
   25  for all costs incurred by the school district and its
   26  contractors for supporting the advertising, including, but not
   27  limited to, retrofitting buses, storing advertising, attaching
   28  advertising to the bus, and related maintenance.
   29         2. At a minimum, a contract must prohibit advertising and
   30  advertising images that:
   31         a. Solicit the sale, or promote the use, of alcoholic
   32  beverages or tobacco products.
   33         b. Are discriminatory in nature or content.
   34         c. Imply or declare endorsement of the product or service
   35  by the school district.
   36         d. Contain material that is sexual in nature.
   37         e. Contain material that is not child- and community-
   38  sensitive.
   39         f. Are false, misleading, or deceptive.
   40         g. Relate to an illegal activity or antisocial behavior.
   41         h. Distract from the effectiveness of required safety
   42  warning equipment.
   43         3. The design, placement, and size of signage on the
   44  exterior of a school bus acknowledging the advertiser must be
   45  prescribed by the district school board and address the
   46  following minimum standards:
   47         a. Cost of the advertising.
   48         b. Designation of individuals authorized to sell and
   49  approve the advertising.
   50         c. Specification of how the advertising will be attached,
   51  if not painted on the bus, including a prohibition against
   52  signage that:
   53         (I) Extends from the body of the bus so as to allow a
   54  handhold or pose a danger to pedestrians.
   55         (II) Covers any structural or sheet metal damage or
   56  alteration.
   57         (III) Interferes with the operation of any door, window,
   58  required letting, lamp, reflector, or other device.
   59         (IV) Is placed on the back door or a side emergency door.
   60         (V) Interferes with school bus identification.
   61         (VI) Is digital, including LCD, LED, or plasma screens, or
   62  other forms of electronic displays that show running text,
   63  animation, or other moving displays.
   64         4. A school bus having attached advertising must meet the
   65  school bus equipment standards under this section.
   66         5. A school bus may not have more than two advertisements
   67  at any given time.
   68         (b) A school bus that violates this subsection must be
   69  withdrawn from use as a school bus until it meets the
   70  requirements of this subsection.
   71         (c) The Commissioner of Education shall hold harmless and
   72  indemnify a school district from any liability arising from
   73  commercial advertising under this subsection. Within 5 days
   74  after receipt of a claim pursuant to this subsection, a school
   75  district shall tender defense to the commissioner.
   76         (d) All revenue from a contract under this subsection must
   77  be remitted to the respective school district, with 50 percent
   78  allocated for school district transportation and 50 percent
   79  allocated for other programs as determined by the school
   80  district.
   81         Section 2. This act shall take effect July 1, 2011.