PLACEMENT: Departmental
TITLE:
title
CONSIDERATION TO ADOPT AN OFFICIAL MARTIN COUNTY FLAG II
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EXECUTIVE SUMMARY:
executive summary
The Board of County Commissioners is being asked to adopt an official Martin County flag, approve a budget to support its display and implementation, and acknowledge that the flag will be in the public domain and not subject to copyright restrictions.
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DEPARTMENT: Administration
PREPARED BY: Name: George M. Stokus
Title: Assistant County Administrator
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On April 8, 2025, the Martin County Board of County Commissioners directed staff to prepare an item outlining the process and key considerations for the creation and adoption of an official Martin County flag. On May 20, 2025, the Board further directed staff to contact the North American Vexillological Association (NAVA) to request complimentary consultation and design services.
Following this direction, staff consulted with NAVA and produced a wide range of potential designs that reflected NAVA’s recommended best practices for governmental flag design. Through continued consultation and internal review, staff narrowed the selection to two final designs for the Board’s consideration and selection.
Option A is inspired by the official Martin County Seal. The design features the County’s sailfish emblem prominently at the center, a sun in the upper right corner, and the words “Martin County” displayed along the lower portion. All colors incorporated in this design are drawn directly from the existing County Seal.
Option B highlights Martin County’s newly recognized champion Black Mangrove Tree. The design places the tree against the outline of the sun, with four horizontal lines below representing the County’s three rivers and Lake Okeechobee. The words “Martin County” are displayed along the lower portion. All colors are consistent with those included in the County Seal, with the exception of the addition of green.
ISSUES:
The Board of County Commissioners will need to provide staff direction on the following matters:
Initial Capital and Ongoing Maintenance Costs
A. If the Board wishes to fly the County flag in front of the County Administration Building, an additional flagpole will need to be installed. County Administration estimates the total cost of outdoor installation at approximately $15,000.
B. For indoor display, two flagpoles will be required: one for the dais and one for the lobby. County Administration recommends initially purchasing ten (10) custom double-sided 4’x6’ flags at approximately $70 each, along with two 8’ flagpoles with bases at approximately $60 per set. The total estimated cost for indoor installation is $1,000.
C. Ongoing maintenance costs will consist primarily of replacing the above components as they reach the end of their useful life.
Legal and Copyright Considerations
Under Florida law, local government flag designs are public records and therefore classified as public domain. Local governments, including counties, generally cannot copyright their flags. Unlike the County Seal, which is afforded statutory protection under Section 165.043, Florida Statutes, county flags are not protected by criminal penalties or copyright law.
The County Seal is protected against unauthorized use, reproduction, or display, with violations constituting a second-degree misdemeanor unless authorized by the governing body. This statute grants counties discretion over the Seal’s display, manufacture, and use, including the ability to impose fees or enter into agreements for non-official uses.
In contrast, county flags do not receive similar statutory protection. While Florida law prohibits disrespectful treatment or improper use of the state or U.S. flag (Chapter 256, Florida Statutes), this does not extend to county flags. Accordingly, county flags are generally available for reproduction or commercial use by the public. Counties may adopt etiquette codes or internal policies to govern the official display of their flag, but such policies would not impose criminal penalties for unauthorized reproduction or use. Staff will create a draft Flag Display Policy if the BCC adopts an official flag.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable
law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Direct staff on how to proceed.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
Move that the Board authorize a Budget Transfer from General Fund Reserves for Contingencies in the amount of $16,000 for costs related to the Martin County flag.
|
Funding Source |
County Funds |
Non-County Funds |
|
General Fund Reserves for Contingencies |
$16,000 |
|
|
Subtotal |
$16,000 |
|
|
Project Total |
$16,000 |
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☒Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.