Section 68-1.006 - Cooperative Advertising, Sponsorships and Partnerships(1) Purpose; intent; references. The Commission currently engages in advertising, promotional, marketing and related activities in support of its fish, wildlife, public recreation and other programs. The purpose of the rule is to implement the provisions of Section 379.2342(5)(a), F.S., relating to Commission utilization of public and private partnerships to inform Floridians and visitors about Florida's unique and diverse fish and wildlife, and related recreation opportunities, and make such information available by means of commonly used media. Commission sponsors and partners may also participate in other aspects of the Commission's advertising, promotional, marketing and related activities not addressed in this rule. For purposes of this rule, the terms "partner" and "partnership" shall include the terms "sponsor" and "sponsorship" respectively.(2) Partnership selection. (a) The Commission may seek a partnership proposal from a specific qualified partner, or set of potential partners. The Commission may also seek proposals more broadly from all qualified potential partners through publication of a notice or other means designed to provide notice to potential partners. Persons or entities proposing a partnership may submit a proposal to the Commission at any time. Creative proposals from the private sector are encouraged. Because of the diversity of Commission programs and activities, partnerships may be established for broad dissemination of information (national, international, regional, statewide), or for localized markets, or a combination.(b) The Commission will consider the following in any selection of partners and potential partners: 1. Whether the mission, image and messages of the potential partner are consistent and compatible with the mission, programs and activities of the Commission;2. Whether the proposed partnership would support a specific Commission program or programs;3. The nature of the business in which the potential partner engages, and its consistency and compatibility with the mission, programs and activities of the Commission;4. The potential for inconsistency between the public image or messages of the potential partner, and the public image or messages of the Commission;5. The potential partner's record of compliance with wildlife-related laws and rules (statewide, nationally and internationally);6. The potential partner's record of support for wildlife programs;7. The potential for conflict of interest, or the appearance of conflict of interest; and8. Whether the proposed partnership is consistent with the intent of Section 379.2342(5)(a), F.S.(3) Requirements for partnerships. The following are requirements applicable to partnerships:(a) The Commission shall retain the right to approve all elements of a partner's statements or representations (written or graphic) referring to the Commission name, the Commission logo, the partnership, or the affiliation.(b) References to the Commission, Commission logo, or the partnership or the affiliation shall not be permitted in advertising of alcoholic beverages, tobacco, adult (sexually-oriented) businesses, or gambling. Such references shall not be permitted in materials that discriminate on the basis of age, sex, race or national origin, or which are deceiving, fraudulent or untruthful.(c) All materials containing advertising (and references to the Commission, logo, the partnership or the affiliation) shall contain a statement that the inclusion of Commission logo or references in such materials does not constitute an endorsement by the state or Commission of the products or services of the partner.(4) The Wildlife Foundation of Florida, Inc. The Commission may utilize the Wildlife Foundation of Florida (a Commission-approved citizen support organization created pursuant to Section 379.223, F.S.) to assist in administering this partnership program.Fla. Admin. Code Ann. R. 68-1.006
Rulemaking Authority 379.2342(5)(a) FS., Art. IV, Sec. 9, Fla. Const. Law Implemented 379.2342(5)(a) FS., Art. IV, Sec. 9, Fla. Const.