HB 109

1	A bill to be entitled
2	An act relating to public school buses; amending s.
3	1006.25, F.S.; providing for district school board
4	policies that authorize commercial advertisements on
5	school buses; providing policy requirements relating to
6	reimbursement to the school district, prohibited
7	advertisements, and signage and equipment standards;
8	requiring a school bus to be withdrawn from use under
9	certain circumstances; providing school district
10	indemnification from liability; providing for the
11	remittance and allocation of revenue; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (5) is added to section 1006.25,
17	Florida Statutes, to read:
18	1006.25  School buses.-School buses shall be defined and
19	meet specifications as follows:
20	(5)  ADVERTISEMENTS.-
21	(a)  Commercial advertisements may be placed on the
22	exterior of a school bus according to district school board
23	policies that require the following:
24	1.  The school district must be reimbursed by the
25	advertiser for all costs incurred by the school district and its
26	contractors for supporting the advertising, including, but not
27	limited to, retrofitting buses, storing advertising, attaching
28	advertising to the bus, and related maintenance.
29	2.  At a minimum, a contract must prohibit advertising and
30	advertising images that:
31	a.  Solicit the sale, or promote the use, of alcoholic
32	beverages or tobacco products.
33	b.  Are discriminatory in nature or content.
34	c.  Imply or declare endorsement of the product or service
35	by the school district.
36	d.  Contain material that is sexual in nature.
37	e.  Contain material that is not child and community
38	sensitive.
39	f.  Are false, misleading, or deceptive.
40	g.  Relate to an illegal activity or antisocial behavior.
41	h.  Distract from the effectiveness of required safety
42	warning equipment.
43	3.  The design, placement, and size of signage on the
44	exterior of a school bus acknowledging the advertiser must be
45	prescribed by the district school board and address the
46	following minimum standards:
47	a.  Cost of the advertising.
48	b.  Designation of individuals authorized to sell and
49	approve the advertising.
50	c.  Specification of how the advertising will be attached,
51	if not painted on the bus, including that signage must not:
52	(I)  Extend from the body of the bus so as to allow a
53	handhold or pose a danger to pedestrians.
54	(II)  Cover any structural or sheet metal damage or
55	alteration.
56	(III)  Interfere with the operation of any door, window,
57	required letting, lamp, reflector, or other device.
58	(IV)  Be placed on a side emergency door.
59	(V)  Interfere with school bus identification.
60	4.  A school bus with attached advertising must meet the
61	school bus equipment standards under this section.
62	5.  A school bus may have no more than two advertisements.
63	(b)  A school bus that violates this subsection must be
64	withdrawn from use as a school bus until it meets the
65	requirements of this subsection.
66	(c)  The Commissioner of Education shall hold harmless and
67	indemnify a school district from any liability arising from
68	commercial advertising under this subsection. Within 5 days
69	after receipt of a claim pursuant to this subsection, a school
70	district shall tender defense to the commissioner.
71	(d)  All revenue from a contract under this subsection must
72	be remitted to the respective school district for 50 percent
73	allocation for school district transportation and 50 percent
74	allocation for other programs as determined by the school
75	district.
76	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.