| 1 | A bill to be entitled |
| 2 | An act relating to public printing; amending s. 283.58, |
| 3 | F.S., which regulates agency agreements with vendors for |
| 4 | private publication of public information materials; |
| 5 | revising criteria for advertising placed in such |
| 6 | publications under agency agreements; providing that an |
| 7 | agency's approval of advertising may not be unreasonably |
| 8 | withheld; providing requirements with respect to renewal |
| 9 | of agreements by an agency; specifying conditions under |
| 10 | which an agency is relieved of its obligation to renew an |
| 11 | agreement; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 283.58, Florida Statutes, is amended to |
| 16 | read: |
| 17 | 283.58 Agency agreements with vendors for private |
| 18 | publication of public information materials; free distribution |
| 19 | to public.- |
| 20 | (1) An agency may enter into agreements to secure the |
| 21 | private publication of public information brochures, pamphlets, |
| 22 | audiotapes, videotapes, and related materials for distribution |
| 23 | without charge to the public and, in furtherance thereof, is |
| 24 | authorized to: |
| 25 | (a) Enter into agreements with private vendors for the |
| 26 | publication or production of such public information materials, |
| 27 | under by which the costs of publication or production will be |
| 28 | borne in whole or in part by the vendor or the vendor agrees to |
| 29 | provide additional compensation in return for the right of the |
| 30 | vendor to select, sell, and place advertising that publicizes |
| 31 | products or services in related to and harmonious with the |
| 32 | subject matter of the publication. |
| 33 | (b) Retain the right, by agreement, to approve all |
| 34 | elements of any advertising placed in such public information |
| 35 | materials, including the form and content thereof. However, an |
| 36 | agency's approval of any advertising may not be unreasonably |
| 37 | withheld. |
| 38 | (2) Any public information materials produced pursuant to |
| 39 | this section and containing advertising of any kind must include |
| 40 | a statement providing that the inclusion of advertising in such |
| 41 | material does not constitute an endorsement by the state or the |
| 42 | agency of the products or services so advertised. |
| 43 | (3)(a) Any provision of chapter 287 to the contrary |
| 44 | notwithstanding, an agreement entered into pursuant to this |
| 45 | section shall be renewed by the agency, with the consent of the |
| 46 | private vendor, for a period equal to the term of the original |
| 47 | contract. Renewal shall be in writing and shall be subject to |
| 48 | the same terms and conditions set forth in the initial |
| 49 | agreement. The agreement may also be renewed for a second |
| 50 | renewal period equal to the term of the original contract, upon |
| 51 | mutual consent of the parties. |
| 52 | (b) The agency shall only be relieved of its obligation to |
| 53 | renew an agreement if all of the following conditions exist: |
| 54 | 1. The agreement has been terminated for a material and |
| 55 | substantial breach by the private vendor. |
| 56 | 2. The private vendor has been declared in default |
| 57 | pursuant to rule 60A-1.006, Florida Administrative Code. |
| 58 | 3. All administrative and appellate remedies of the |
| 59 | private vendor have been exhausted or waived. |
| 60 | Section 2. This act shall take effect July 1, 2010. |