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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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         260.0144Naming 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.