November 14, 2019
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       Florida Senate - 2010                                    SB 2342
       
       
       
       By Senator Baker
       
       
       
       
       20-01559B-10                                          20102342__
    1                        A bill to be entitled                      
    2         An act relating to public printing; amending s.
    3         283.58, F.S.; providing that an agency may enter into
    4         an agreement with a private vendor for the private
    5         publication of public information materials under
    6         which the costs of publication will be borne in whole
    7         or in part by the vendor in return for the right of
    8         the vendor to include in the publication a safety
    9         message related to the subject matter of the
   10         publication; prohibiting an agency from unreasonably
   11         withholding approval of the form and content of the
   12         advertisement and prohibiting the agency from
   13         rejecting advertising from a person or entity because
   14         that person or entity is regulated by the agency;
   15         requiring an agency to enter into a new agreement with
   16         the same party to an expiring agreement upon
   17         substantially the same terms and conditions as the
   18         expiring agreement under certain conditions;
   19         specifying the length of the term of the new
   20         agreement; authorizing one renewal option for the new
   21         agreement; specifying the conditions under which an
   22         agency is relieved of its obligation to renew an
   23         agreement; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 283.58, Florida Statutes, is amended to
   28  read:
   29         283.58 Agency agreements with vendors for private
   30  publication of public information materials; free distribution
   31  to public.—
   32         (1) An agency may enter into agreements to secure the
   33  private publication of public information brochures, pamphlets,
   34  audiotapes, videotapes, and related materials for distribution
   35  without charge to the public and, in furtherance thereof, is
   36  authorized to:
   37         (a) Enter into agreements with private vendors for the
   38  publication or production of such public information materials,
   39  under by which the costs of publication or production will be
   40  borne in whole or in part by the vendor or the vendor agrees to
   41  provide additional compensation in return for the right of the
   42  vendor to select, sell, and place advertising that publicizes
   43  products or services related to and harmonious with the subject
   44  matter of the publication or that includes a safety message
   45  related to the subject matter of the publication.
   46         (b) Retain the right, by agreement, to approve all elements
   47  of any advertising placed in such public information materials,
   48  including the form and content thereof. However, an agency’s
   49  approval of any advertising may not be unreasonably withheld and
   50  it may not prohibit advertising by a person or entity because
   51  that person or entity is regulated by the agency.
   52         (2) Any public information materials produced pursuant to
   53  this section and containing advertising of any kind must include
   54  a statement providing that the inclusion of advertising in such
   55  material does not constitute an endorsement by the state or the
   56  agency of the products or services so advertised.
   57         (3)(a) Notwithstanding any provision of chapter 287 to the
   58  contrary, if an agency enters into an agreement pursuant to this
   59  section under which no payment is made by the state thereby
   60  resulting in cost savings to the state, and the term of the
   61  agreement expires on or after June 30, 2010, but before January
   62  1, 2011, the agency shall enter into a new agreement with the
   63  same party to the expiring agreement, upon substantially the
   64  same terms and conditions as the expiring agreement, but with a
   65  term beginning on July 1, 2010, or the day following expiration
   66  of the expiring contract, whichever is later. A payment may not
   67  be made by the state under the new agreement and the new
   68  agreement shall result in cost savings to the state. The term of
   69  the new agreement shall be 5 years in length with one renewal
   70  option for an additional 5-year term, which renewal may be
   71  exercised upon the mutual consent of the parties.
   72         (b) The agency is not relieved of its obligation to enter
   73  into the new agreement described in paragraph (a) unless all of
   74  the following conditions exist:
   75         1.The agreement has been terminated before the date of
   76  expiration by a material and substantial breach by the private
   77  vendor;
   78         2.The private vendor has been declared in default pursuant
   79  to rule 60A-1.006, Florida Administrative Code; and
   80         3.All administrative and appellate remedies of the private
   81  vendor have been exhausted or waived.
   82         Section 2. This act shall take effect upon becoming a law.

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