Florida Senate - 2011 SB 560
By Senator Wise
5-00850-11 2011560__
1 A bill to be entitled
2 An act relating to the sale of advertising; creating
3 the “State Revenue Enhancement Act of 2011”; creating
4 s. 288.082, F.S.; providing for the Office of Tourism,
5 Trade, and Economic Development to sell naming rights
6 and lease space for commercial advertising to be
7 displayed on state transportation property; amending
8 s. 14.2015, F.S.; revising duties of the office to
9 include such sales and administration of contracts for
10 the sales; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. This act may be cited as the “State Revenue
15 Enhancement Act of 2011.”
16 Section 2. Section 288.082, Florida Statutes, is created to
17 read:
18 288.082 Sale of advertising.—The Office of Tourism, Trade,
19 and Economic Development may sell to a private sector business
20 or entity the naming rights for a state transportation facility
21 and lease space for commercial advertising to be displayed on
22 state transportation facilities or property.
23 (1) A contract for sale or lease under this section must
24 include the requirements of subsections (3) and (4), shall be
25 administered by the office, and may be a multiyear contract.
26 (2)(a) Naming rights or space for a commercial advertising
27 display may be sold for exhibition on any state-owned
28 transportation facility or property, including, but not limited
29 to, the Florida Turnpike, other roads and highways, highway
30 lanes, on-ramps and off-ramps, road rights-of-way, toll
31 facilities, buildings, barriers, parks, rest areas, and
32 railways.
33 (b) Naming rights of a transportation facility pursuant to
34 a contract under this section are for public relations or
35 advertising purposes and may not be construed to require any
36 action by a local government or private party regarding the
37 changing of any street signs, mailing address, or 911 emergency
38 telephone number system listing.
39 (3) Sale or lease under this section shall be for a 1-year
40 period but may be for a longer period under a multiyear
41 contract.
42 (4)(a) Before installation, each name or advertising
43 display must be approved by the Florida Turnpike Enterprise or
44 the Department of Transportation, as appropriate.
45 (b) The Florida Turnpike Enterprise or the Department of
46 Transportation, as appropriate, shall set materials and
47 construction standards for all signage displayed and shall
48 provide for the installation of all displays on its facilities
49 or property.
50 (c) All costs of a display, including its development,
51 construction, installation, operation, maintenance, and removal,
52 shall be paid by the buyer.
53 (5) Proceeds from contracts under this section shall be
54 distributed as follows:
55 (a) Eighty percent shall be deposited in the State
56 Transportation Trust Fund.
57 (b) Ten percent shall be retained by the Office of Tourism,
58 Trade, and Economic Development.
59 (c) Ten percent shall be distributed, prorated by
60 population, to district school boards and must be used to
61 enhance funds for the school district’s driver education
62 program. The prorated share of such funds for a district that
63 does not provide a driver education program may not be
64 distributed to that district and shall be deposited into the
65 State Transportation Trust Fund.
66 Section 3. Paragraph (f) of subsection (2) of section
67 14.2015, Florida Statutes, is amended to read:
68 14.2015 Office of Tourism, Trade, and Economic Development;
69 creation; powers and duties.—
70 (2) The purpose of the Office of Tourism, Trade, and
71 Economic Development is to assist the Governor in working with
72 the Legislature, state agencies, business leaders, and economic
73 development professionals to formulate and implement coherent
74 and consistent policies and strategies designed to provide
75 economic opportunities for all Floridians. To accomplish such
76 purposes, the Office of Tourism, Trade, and Economic Development
77 shall:
78 (f)1. Administer the Florida Enterprise Zone Act under ss.
79 290.001-290.016, the community contribution tax credit program
80 under ss. 220.183 and 624.5105, the tax refund program for
81 qualified target industry businesses under s. 288.106, the tax
82 refund program for qualified defense contractors and space
83 flight business contractors under s. 288.1045, contracts for
84 transportation projects under s. 288.063, contracts for the sale
85 or lease of naming rights and advertising displayed on
86 transportation facilities under s. 288.082, the sports franchise
87 facility programs under ss. 288.1162 and 288.11621, the
88 professional golf hall of fame facility program under s.
89 288.1168, the expedited permitting process under s. 403.973, the
90 Rural Community Development Revolving Loan Fund under s.
91 288.065, the Regional Rural Development Grants Program under s.
92 288.018, the Certified Capital Company Act under s. 288.99, the
93 Florida State Rural Development Council, the Rural Economic
94 Development Initiative, and other programs that are specifically
95 assigned to the office by law, by the appropriations process, or
96 by the Governor. Notwithstanding any other provisions of law,
97 the office may expend interest earned from the investment of
98 program funds deposited in the Grants and Donations Trust Fund
99 to contract for the administration of the programs, or portions
100 of the programs, enumerated in this paragraph or assigned to the
101 office by law, by the appropriations process, or by the
102 Governor. Such expenditures shall be subject to review under
103 chapter 216.
104 2. The office may enter into contracts in connection with
105 the fulfillment of its duties concerning the Florida First
106 Business Bond Pool under chapter 159, tax incentives under
107 chapters 212 and 220, sale or lease of advertising displays
108 under chapter 288, tax incentives under the Certified Capital
109 Company Act in chapter 288, foreign offices under chapter 288,
110 the Enterprise Zone program under chapter 290, the Seaport
111 Employment Training program under chapter 311, the Florida
112 Professional Sports Team License Plates under chapter 320,
113 Spaceport Florida under chapter 331, Expedited Permitting under
114 chapter 403, and in carrying out other functions that are
115 specifically assigned to the office by law, by the
116 appropriations process, or by the Governor.
117 Section 4. This act shall take effect July 1, 2011.