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.
   12  Be It Enacted by the Legislature of the State of Florida:
   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.