Florida Senate - 2012 SB 268
By Senator Wise
5-00060-12 2012268__
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.
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 rules to administer this
71 section.
72 Section 3. This act shall take effect July 1, 2012.