Use of the Seal of the State of Florida

 

DEPARTMENT OF STATE

Departmental

RULE NO.: RULE TITLE:

1-2.0021 Use of the Seal of the State of Florida

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 31, No. 44, (11/4/2005), issue of the Florida Administrative Weekly.

1-2.0021 Use of the Seal of the State of Florida.

(1) No person, without express written authorization from the Department, shall manufacture, use, display or otherwise employ a facsimile or reproduction of the Great Seal of the State of Florida (Great Seal or Seal), except as provided in this rule.

(2) Any person desiring to obtain approval from the Department for the manufacture or use of a the facsimile or reproduction of the Great Seal shall make application on the form prescribed by the Department. The form, Application for Manufacture or Use of the Great Seal of the State of Florida, Form DS-19, effective 2/06 5/96, is incorporated by reference herein and is available from the Office of the Secretary.

(3) Department approval for use of the Great Seal is for a term of 4 years, unless otherwise stated by the Department, and can be renewed upon the completion and approval of a new application.

(4)(3) Applications and supporting documents shall be filed with the Office of the General Counsel, Department of State, R. A. Gray Building, 500 South Bronough Street LL-10, The Capitol, Tallahassee, Florida 32399-0250. For manufactured items, a separate application for each unique item to be manufactured shall be required.

(5) Definitions. The following words shall have the following meanings for the purposes of this rule:

(a) “Political or campaign purposes” shall include all uses related to a past, present, or future political campaign;

(b) “Official government stationery” means stationery intended for use by a state governmental agency when specific written approval for use of the Great Seal has been granted by the head of that agency;

(c) “Official government business cards” means business cards in use by a current state governmental agency when specific written approval for use of the Great Seal has been granted by the head of that agency;

(d) “State governmental agency” includes entities defined by subsections 120.52(1) and (2), F.S., but not including subparagraph 120.52(1)(b)8., F.S., and authorized staff members of those entities;

(e) “Local governmental agency” includes any local governmental agency, including counties, municipalities, special districts or other separate units of local government created or established by law, and authorized staff members of such entities;

(f) “Official government publications” are publications published by or on behalf of the State of Florida;

(g) “Publications serving a governmental purpose” are those publications not published by the State of Florida, which the Department of State, within its discretion, determines are of significant interest to the state, including but not limited to educational publications, where use of the Great Seal would not mislead the public to believe that the publication carries official State sanction or approval.

(6)(4) Standards for Approval. A non-transferable letter of authority, which is not transferable, may be issued to the applicant if the applicant affirmatively demonstrates to the Department that the Great Seal will be used for a proper purpose. In order to determine what constitutes a proper purpose, the Department shall consider, at a minimum, the following:

(a) The specific item to be manufactured;

(b) The manner in which the Great Seal is to be displayed on the item to be manufactured;

(c) The nature of the proposed use, including manner, purpose and place of use;

(d) Whether the public would tend to be misled by the appearance of the Great Seal on the product to believe that the product carries official State sanction or approval;

(e) Whether the use of the Great Seal would tend to mislead the public into believing that a person, meeting, project or event carries official State sanction or approval;

(f) Whether the dignity of the Great Seal will be preserved if approval is granted;

(g) Whether the requested use of the Great Seal will promote a specific State interest.

(7)(5) In no event shall approval be given for the use of the Great Seal for the following:

(a) Political or campaign purposes;

(b) Stationery other than official government stationery;

(c) Decorative automobile license tags;

(d) Business cards other than official government business cards;

(e) Designation of landmarks not listed in the National Registry of Historical Places or designated as a historical site under a local ordinance;

(f) T-shirts, jackets, or other clothing which might lead the public to believe that the person wearing such apparel is an official of the state, not including official state government uniforms or apparel approved by the head of the state governmental agency;

(g) Publications other than official state government agency publications or publications serving a governmental purpose; or

(h) Advertising and news releases.

(8)(6) A letter of authority issued pursuant to this rule shall not become a vested property right in the grantee and approval may be revoked at the discretion of the Department any time prior to the expiration of the authorized term. The Department shall revoke any approval issued by it if it the use no longer promotes a specific state interest. Approval shall also be revoked where the Department it finds that the holder or his/her agent submitted false or inaccurate information in the application or has violated state law, Department rules, regulations or conditions of approval relating to the use of the Great Seal.

(9)(7) State and Local Government Agencies. Subject to the requirements of subsection 1-2.0021(6)(4), F.A.C., state and local governmental agencies as defined in paragraphs 1-2.0021(4)(d) and (e), F.A.C., the following governmental entities and authorized staff members may use and display the Great Seal in connection with official business without application to the Department,: members of the Legislature; members of the Judiciary; and any governmental agency, including state, county, municipal, district or other separate unit of government created or established by law when specific written approval for use of the Great Seal has been granted by the agency’s head of the governmental entity.

Specific Authority 15.03 FS. Law Implemented 15.03 FS. History–New 10-2-79, Amended 6-22-83, Formerly 1-2.021, Amended 5-6-96, ________.