January 29, 2020
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HB 977

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

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