Florida Senate - 2011 CS for SB 560 By the Committee on Transportation; and Senator Wise 596-03343-11 2011560c1 1 A bill to be entitled 2 An act relating to the sale of advertising; creating 3 the “John Anthony Wilson Bicycle Safety Act”; creating 4 s. 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 13 Be It Enacted by the Legislature of the State of Florida: 14 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 sector business or entity for naming 22 rights of 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 be 32 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 area 37 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 sector business or entity, and shall not be 44 construed by that not-for-profit entity or 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, at its discretion. 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 appropriate rules to 71 administer this section. 72 Section 3. This act shall take effect July 1, 2011.