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The Florida Senate

2011 Florida Statutes

Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 379 FISH AND WILDLIFE CONSERVATION Entire Chapter
SECTION 2342
Private publication agreements; advertising; costs of production.
F.S. 379.2342
379.2342 Private publication agreements; advertising; costs of production.—
(1) The Fish and Wildlife Conservation Commission may enter into agreements to secure the private publication of public information brochures, pamphlets, audiotapes, videotapes, and related materials for distribution without charge to the public and, in furtherance thereof, is authorized to:
(a) Enter into agreements with private vendors for the publication or production of such public information materials, whereby the costs of publication or production will be borne in whole or in part by the vendor or the vendor shall provide additional compensation in return for the right of the vendor to select, sell, and place advertising which publicizes products or services related to and harmonious with the subject matter of the publication.
(b) Retain the right, by agreement, to approve all elements of any advertising placed in such public information materials, including the form and content thereof.
1(2)(a) Beginning January 1, 2005, the commission, with the advice and assistance of the Florida Wildlife Magazine Advisory Council, shall publish the Florida Wildlife Magazine. The magazine shall be published at least on a quarterly basis in hard-copy format and shall be available to the public by subscription and retail distribution. The primary focus of the magazine shall be to promote the heritage of hunting and fishing in Florida. The magazine shall also disseminate information regarding other outdoor recreational opportunities available to Floridians and visitors.
(b) In order to offset the cost of publication and distribution of the magazine, the commission, with the advice and assistance of the Florida Wildlife Magazine Advisory Council, is authorized to sell advertising for placement in the magazine. The commission shall have the right to approve all elements of any advertising placed in the magazine, including the form and content thereof. The magazine shall include a statement providing that the inclusion of advertising in the magazine does not constitute an endorsement by the state or the commission of the products or services so advertised. The commission may charge an annual magazine subscription fee of up to $25, a 2-year magazine subscription fee of up to $45, and a 3-year magazine subscription fee of up to $60. The commission may charge a retail per copy fee of up to $7. The provisions of chapter 287 do not apply to the sale of advertising for placement in the magazine. All revenues generated by the magazine shall be credited to the State Game Trust Fund.
(c) The Florida Wildlife Magazine Advisory Council is created within the commission to advise and make recommendations to the commission regarding development, publication, and sale of the Florida Wildlife Magazine. In order to accomplish this purpose, the council shall provide recommendations to the commission regarding:
1. The content of articles included in each edition of the magazine.
2. Advertising proposed for each edition of the magazine.
3. Strategies to improve distribution and circulation of the magazine.
4. Cost-reduction measures regarding publication of the magazine.
(d) The Florida Wildlife Magazine Advisory Council shall consist of seven members appointed by the commission, and initial appointments shall be made no later than August 1, 2004. When making initial appointments to the council and filling vacancies, the commission shall appoint members to represent the following interests: hunting; saltwater fishing; freshwater fishing; recreational boating; recreational use of off-road vehicles; hiking, biking, bird watching, or similar passive activities; general business interests; and magazine publishing.
(e) Two of the initial appointees shall serve 2-year terms, two of the initial appointees shall serve 3-year terms, and three of the initial appointees shall serve 4-year terms. Subsequent to the expiration of the initial terms, advisory council appointees shall serve 4-year terms.
(f) The members of the advisory council shall elect a chair annually.
(g) The council shall meet at least quarterly at the call of its chair, at the request of a majority of its membership, or at the request of the commission. A majority of the council shall constitute a quorum for the transaction of business.
(h) The commission shall provide the council with clerical, expert, technical, or other services. All expenses of the council shall be paid from appropriations made by the Legislature to the commission. All vouchers shall be approved by the executive director before submission to the Chief Financial Officer for payment.
(i) Members of the council shall serve without compensation but shall receive per diem and reimbursement for travel expenses as provided in s. 112.061.
(j) Advisory council members may be reappointed. Advisory council members shall serve at the pleasure of the commission.
(3) Any public information materials produced pursuant to this section and containing advertising of any kind shall include a statement providing that the inclusion of advertising in such material does not constitute an endorsement by the state or commission of the products or services so advertised.
(4) The Fish and Wildlife Conservation Commission may enter into agreements with private vendors for vendor advertisement for the purpose of offsetting expenses relating to license issuance, and, in furtherance thereof, is authorized to:
(a) Retain the right, by agreement, to approve all elements of such advertising, including the form or content.
(b) Require that any advertising of any kind contracted pursuant to this section shall include a statement providing that the advertising does not constitute an endorsement by the state or commission of the products or services to be so advertised.
(5) The commission shall collect, edit, publish, and print pamphlets, papers, manuscripts, documents, books, monographs, and other materials relating to fish and wildlife conservation and may establish and impose a reasonable charge for such materials to cover costs of production and distribution in whole or part and may contract for the marketing, sale, and distribution of such publications and materials; except that no charge shall be imposed for materials designed to provide the public with essential information concerning fish and wildlife regulations and matters of public safety.
(6) The commission shall provide services and information designed to inform Floridians and visitors about Florida’s unique and diverse fish, game, and wildlife, and make it available by means of commonly used media. For the accomplishment of those purposes, the commission may make expenditures to:
(a) Encourage and cooperate with public and private organizations or groups to publicize to residents and visitors the diversity of fish, game, and wildlife, and related recreation opportunities of the state, including the establishment of and expenditure for a program of cooperative advertising or sponsorships, or partnerships with the public and private organizations and groups in accordance with rules adopted by the commission under chapter 120.
(b) Charge and collect a reasonable fee for researching or compiling information or other services which, in its judgment, should not be free to those requesting the information, research, handling, material, publication, or other services. Any amounts of money received by the commission from such sources shall be restored to the appropriations of the commission, and any unexpended funds shall be deposited into the State Game Trust Fund and made available to the commission for use in performing its duties, powers, and purposes.
(c) Charge and collect registration fees at conferences, seminars, and other meetings conducted in furtherance of the duties, powers, and purposes of the commission. Any funds collected under this paragraph which remain unexpended after the expenses of the conference, seminar, or meeting have been paid shall be deposited into the State Game Trust Fund and made available to the commission for use in performing its duties, powers, and purposes.
(d) Purchase and distribute promotional items to increase public awareness regarding boating safety and other programs that promote public safety or resource conservation.
(7) Notwithstanding the provisions of part I of chapter 287, the commission may adopt rules for the purpose of entering into contracts that are primarily for promotional and advertising services and promotional events which may include the authority to negotiate costs with offerors of such services and commodities who have been determined to be qualified on the basis of technical merit, creative ability, and professional competency.
History.—s. 1, ch. 89-187; s. 1, ch. 96-265; s. 11, ch. 96-300; s. 2, ch. 97-217; s. 115, ch. 99-245; s. 2, ch. 2003-151; s. 8, ch. 2004-264; s. 55, ch. 2008-247.
1Note.—Section 41, ch. 2011-47, provides that “[i]n order to implement Specific Appropriation 1806 and notwithstanding the provisions of s. 379.2342(2), Florida Statutes, for the 2011-2012 fiscal year only, the Fish and Wildlife Conservation Commission shall suspend the publication of a printed version [of] the Florida Wildlife Magazine and the operations of the Florida Wildlife Magazine Advisory Council.”
Note.—Former s. 372.0222.