Florida Statute 283.58 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XIX
PUBLIC BUSINESS

Chapter 283
PUBLIC PRINTING

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283.58 Agency agreements with vendors for private publication of public information materials; free distribution to public.—

(1) An agency 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, by which the costs of publication or production will be borne in whole or in part by the vendor or the vendor agrees to provide additional compensation in return for the right of the vendor to select, sell, and place advertising that 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.

(2) Any public information materials produced pursuant to this section and containing advertising of any kind must include a statement providing that the inclusion of advertising in such material does not constitute an endorsement by the state or the agency of the products or services so advertised.

History.—s. 26, ch. 90-335.

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Amendments to 283.58

Annotations, Discussions, Cases:

Cases Citing Statute 283.58

Total Results: 2 | Sort by: Relevance | Newest First

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Rine v. Imagitas, Inc., 590 F.3d 1215 (11th Cir. 2009).

Cited 36 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 27973, 2009 WL 4893688

...ight to reject any ads that “may conflict with the best interest of the state at the [DHSMV’s] discretion.” DHSMV Contract No. M001-05. In addition, the terms of the contract required the advertising to be in accordance with Florida Statute § 283.58, which authorizes state agencies to “[e]nter into agreements with private vendors for the publication or production of such public information materials . . . in return for the right to select, sell, and place advertising that publicizes products or services related to and harmonious with the subject matter of the publication.” Fla. Stat. § 283.58(1)(a). The Florida DHSMV periodically furnished Imagitas with both a renewal file and a registration file for the DriverSource program....

...is a legitimate agency function within Florida. Through various enabling statutes, Florida encourages its agencies to take advantage of commercial advertising to offset program costs and raise revenues. Imagitas relies heavily on Florida Statute § 283.58, which permits Florida agencies to “place advertising” in public information materials as a way of paying “the costs of [the materials’] publication or production . . . .” Fla. Stat. § 283.58(1)(a)....

...court wrongly decided this issue. Rather, plaintiff-appellants now claim that Imagitas 19 acted on behalf of its advertising clients rather than the Florida DHSMV. We disagree. Florida Statute § 283.58, authorizes state agencies to “[e]nter into agreements with private vendors” to publish or produce public information materials, financed by the vendor’s right to “select, sell, and place advertising . . . .” Fla. Stat. § 283.58(1)(a)....

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Florida Dep't of High. Saf. & Motor Vehs. v. Nat'l Saf. Comm'n, Inc., 75 So. 3d 298 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 15767, 2011 WL 4597503

performance. Further, neither the applicable statute, section 283.58, Florida Statutes (2004), nor the case authority

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