Florida Senate - 2012                       CS for CS for SB 292
       
       
       
       By the Committees on Judiciary; and Community Affairs; and
       Senator Bennett
       
       
       
       590-03546-12                                           2012292c2
    1                        A bill to be entitled                      
    2         An act relating to legal notices; creating s. 50.0211,
    3         F.S.; requiring that, after a specified date, if a
    4         legal notice is published in a newspaper, the
    5         newspaper publishing the notice shall also place the
    6         notice on a website maintained by the newspaper, at no
    7         additional charge; providing requirements for size and
    8         placement of such website publication; requiring free
    9         access to such online publications; requiring that
   10         legal notices published in newspapers also be
   11         published on another specified website; requiring
   12         that, after a specified date, newspapers that publish
   13         legal notice must provide e-mail notification of new
   14         legal notices; providing requirements for such notice;
   15         providing that an error on a newspaper or statewide
   16         website shall be considered a harmless error and legal
   17         notice requirements shall be considered met if the
   18         notice published in the newspaper is correct; amending
   19         s. 50.041, F.S.; revising physical requirements for
   20         proof of publication affidavits; authorizing
   21         electronic affidavits that meet specified
   22         requirements; amending s. 50.061, F.S.; limiting the
   23         rate that may be charged for government notices
   24         required to be published more than once in certain
   25         circumstances; deleting provisions specifying rates
   26         for legal notices based on county population;
   27         specifying that if a public notice is published in a
   28         newspaper, publication of a notice on a website
   29         pursuant to specified provisions must be done at no
   30         charge; amending ss. 125.66, 166.041, 190.005, and
   31         200.065, F.S.; requiring that website publication of
   32         certain legal notices include maps that appear in the
   33         newspaper advertisements; amending s. 17.325, F.S.;
   34         making it optional for the Chief Financial Officer to
   35         advertise the availability of the governmental
   36         efficiency hotline; amending s. 215.68, F.S.; deleting
   37         specific criteria for publishing certain bond notices;
   38         amending ss. 120.60 215.555, 253.52, 255.518, and
   39         380.0668, F.S.; deleting requirements that certain
   40         legal notices be published in Leon County; amending s.
   41         455.275, F.S.; deleting a requirement that certain
   42         notices concerning professional licensees who cannot
   43         be personally served be published in Leon County;
   44         requiring that plain notice to the licensee to be
   45         posted on the front page of the Department of Business
   46         and Professional Regulation’s website and provided to
   47         certain news outlets; amending s. 473.3141, F.S.;
   48         deleting a requirement that notices concerning
   49         discipline of certain certified public accountants be
   50         published in Leon County; amending s. 527.23, F.S.;
   51         deleting requirements relating to the newspaper
   52         publication of certain notices relating to marketing
   53         orders for propane gas; providing for Internet
   54         publication of such orders and for providing
   55         information to certain news outlets; amending ss.
   56         573.109 and 573.111, F.S.; deleting requirements
   57         relating to the newspaper publication of certain
   58         notices relating to agricultural marketing orders;
   59         providing for Internet publication of such orders and
   60         for providing information to certain news outlets;
   61         amending s. 631.59, F.S.; deleting requirements for
   62         the newspaper publication of certain notices
   63         concerning insolvent insurers; providing for notice by
   64         e-mail or telephone; providing for applicability;
   65         providing effective dates.
   66  
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Section 50.0211, Florida Statutes, is created to
   70  read:
   71         50.0211 Internet website publication.—
   72         (1) This section applies to legal notices that must be
   73  published in accordance with this chapter unless otherwise
   74  specified.
   75         (2) Each legal notice must be placed on the newspaper’s
   76  website on the same day the notice appears in the newspaper, at
   77  no additional charge. A link to legal notices shall be provided
   78  on the front page of the newspaper’s website that provides
   79  access to the legal notices without charge. If there is a
   80  specified size and placement required for a printed legal
   81  notice, the size and placement of the notice on the newspaper’s
   82  website should optimize its online visibility in keeping with
   83  the print requirements. The newspaper’s web pages that contain
   84  legal notices shall present the legal notices as the dominant
   85  subject matter of those pages. The newspaper’s website shall
   86  contain a search function to facilitate searching the legal
   87  notices. This subsection shall take effect July 1, 2013.
   88         (3) If a legal notice is published in a newspaper, the
   89  newspaper publishing the notice shall place the notice on the
   90  website established and maintained as an initiative of the
   91  Florida Press Association as a repository for such notices
   92  located at the following address: www.floridapublicnotices.com.
   93         (4) Newspapers that publish legal notices shall, upon
   94  request, provide e-mail notification of new legal notices when
   95  they are printed in the newspaper and added to the newspaper’s
   96  website. Such e-mail notification shall be provided without
   97  charge and notification for such an e-mail registry shall be
   98  available on the front page of the legal notices section of the
   99  newspaper’s website. This subsection shall take effect July 1,
  100  2013.
  101         (5) An error in the notice placed on the newspaper or
  102  statewide website shall be considered a harmless error and
  103  proper legal notice requirements shall be considered met if the
  104  notice published in the newspaper is correct.
  105         Section 2. Subsection (2) of section 50.041, Florida
  106  Statutes, is amended to read:
  107         50.041 Proof of publication; uniform affidavits required.—
  108         (2) Each such affidavit shall be printed upon white bond
  109  paper containing at least 25 percent rag material and shall be 8
  110  1/2 inches in width and of convenient length, not less than 5
  111  1/2 inches. A white margin of not less than 2 1/2 inches shall
  112  be left at the right side of each affidavit form and upon or in
  113  this space shall be substantially pasted a clipping which shall
  114  be a true copy of the public notice or legal advertisement for
  115  which proof is executed. Alternatively, the affidavit may be
  116  provided in electronic rather than paper form, provided the
  117  notarization of the affidavit complies with the requirements of
  118  s. 117.021.
  119         Section 3. Section 50.061, Florida Statutes, is amended to
  120  read:
  121         50.061 Amounts chargeable.—
  122         (1) The publisher of any newspaper publishing any and all
  123  official public notices or legal advertisements shall charge
  124  therefor the rates specified in this section without rebate,
  125  commission or refund.
  126         (2) The charge for publishing each such official public
  127  notice or legal advertisement shall be 70 cents per square inch
  128  for the first insertion and 40 cents per square inch for each
  129  subsequent insertion, except that government notices required to
  130  be published more than once whose cost is paid for by the
  131  government and not paid in advance by or allowed to be recouped
  132  from private parties may not be charged for the second and
  133  successive insertions at a rate greater than 85 percent of the
  134  original rate.:
  135         (a) In all counties having a population of more than
  136  304,000 according to the latest official decennial census, the
  137  charge for publishing each such official public notice or legal
  138  advertisement shall be 80 cents per square inch for the first
  139  insertion and 60 cents per square inch for each subsequent
  140  insertion.
  141         (b) In all counties having a population of more than
  142  450,000 according to the latest official decennial census, the
  143  charge for publishing each such official public notice or legal
  144  advertisement shall be 95 cents per square inch for the first
  145  insertion and 75 cents per square inch for each subsequent
  146  insertion.
  147         (3) Where the regular established minimum commercial rate
  148  per square inch of the newspaper publishing such official public
  149  notices or legal advertisements is in excess of the rate herein
  150  stipulated, said minimum commercial rate per square inch may be
  151  charged for all such legal advertisements or official public
  152  notices for each insertion, except that government notices
  153  required to be published more than once whose cost is paid for
  154  by the government and not paid in advance by or allowed to be
  155  recouped from private parties may not be charged for the second
  156  and successive insertions at a rate greater than 85 percent of
  157  the original rate.
  158         (4) A governmental agency publishing an official public
  159  notice or legal advertisement may procure publication by
  160  soliciting and accepting written bids from newspapers published
  161  in the county, in which case the specified charges in this
  162  section do not apply.
  163         (5) If the public notice is published in a newspaper, the
  164  posting of the notice on the newspaper’s website pursuant to s.
  165  50.0211(2) must be done at no additional charge.
  166         (6)(4) All official public notices and legal advertisements
  167  shall be charged and paid for on the basis of 6-point type on 6
  168  point body, unless otherwise specified by statute.
  169         (7)(5) Any person violating a provision of this section,
  170  either by allowing or accepting any rebate, commission, or
  171  refund, commits a misdemeanor of the second degree, punishable
  172  as provided in s. 775.082 or s. 775.083.
  173         (8)(6) Failure to charge the rates prescribed by this
  174  section shall in no way affect the validity of any official
  175  public notice or legal advertisement and shall not subject same
  176  to legal attack upon such grounds.
  177         Section 4. Paragraph (b) of subsection (4) of section
  178  125.66, Florida Statutes, is amended to read:
  179         125.66 Ordinances; enactment procedure; emergency
  180  ordinances; rezoning or change of land use ordinances or
  181  resolutions.—
  182         (4) Ordinances or resolutions, initiated by other than the
  183  county, that change the actual zoning map designation of a
  184  parcel or parcels of land shall be enacted pursuant to
  185  subsection (2). Ordinances or resolutions that change the actual
  186  list of permitted, conditional, or prohibited uses within a
  187  zoning category, or ordinances or resolutions initiated by the
  188  county that change the actual zoning map designation of a parcel
  189  or parcels of land shall be enacted pursuant to the following
  190  procedure:
  191         (b) In cases in which the proposed ordinance or resolution
  192  changes the actual list of permitted, conditional, or prohibited
  193  uses within a zoning category, or changes the actual zoning map
  194  designation of a parcel or parcels of land involving 10
  195  contiguous acres or more, the board of county commissioners
  196  shall provide for public notice and hearings as follows:
  197         1. The board of county commissioners shall hold two
  198  advertised public hearings on the proposed ordinance or
  199  resolution. At least one hearing shall be held after 5 p.m. on a
  200  weekday, unless the board of county commissioners, by a majority
  201  plus one vote, elects to conduct that hearing at another time of
  202  day. The first public hearing shall be held at least 7 days
  203  after the day that the first advertisement is published. The
  204  second hearing shall be held at least 10 days after the first
  205  hearing and shall be advertised at least 5 days prior to the
  206  public hearing.
  207         2. The required advertisements shall be no less than 2
  208  columns wide by 10 inches long in a standard size or a tabloid
  209  size newspaper, and the headline in the advertisement shall be
  210  in a type no smaller than 18 point. The advertisement shall not
  211  be placed in that portion of the newspaper where legal notices
  212  and classified advertisements appear. The advertisement shall be
  213  placed in a newspaper of general paid circulation in the county
  214  and of general interest and readership in the community pursuant
  215  to chapter 50, not one of limited subject matter. It is the
  216  legislative intent that, whenever possible, the advertisement
  217  shall appear in a newspaper that is published at least 5 days a
  218  week unless the only newspaper in the community is published
  219  less than 5 days a week. The advertisement shall be in
  220  substantially the following form:
  221  
  222                     NOTICE OF (TYPE OF) CHANGE                    
  223  
  224         The ...(name of local governmental unit)... proposes to
  225  adopt the following by ordinance or resolution:...(title of
  226  ordinance or resolution)....
  227  
  228         A public hearing on the ordinance or resolution will be
  229  held on ...(date and time)... at ...(meeting place).....
  230  
  231  Except for amendments which change the actual list of permitted,
  232  conditional, or prohibited uses within a zoning category, the
  233  advertisement shall contain a geographic location map which
  234  clearly indicates the area within the local government covered
  235  by the proposed ordinance or resolution. The map shall include
  236  major street names as a means of identification of the general
  237  area. In addition to being published in the newspaper, the map
  238  must be part of the online notice required pursuant to s.
  239  50.0211.
  240         3. In lieu of publishing the advertisements set out in this
  241  paragraph, the board of county commissioners may mail a notice
  242  to each person owning real property within the area covered by
  243  the ordinance or resolution. Such notice shall clearly explain
  244  the proposed ordinance or resolution and shall notify the person
  245  of the time, place, and location of both public hearings on the
  246  proposed ordinance or resolution.
  247         Section 5. Paragraph (c) of subsection (3) of section
  248  166.041, Florida Statutes, is amended to read:
  249         166.041 Procedures for adoption of ordinances and
  250  resolutions.—
  251         (3)
  252         (c) Ordinances initiated by other than the municipality
  253  that change the actual zoning map designation of a parcel or
  254  parcels of land shall be enacted pursuant to paragraph (a).
  255  Ordinances that change the actual list of permitted,
  256  conditional, or prohibited uses within a zoning category, or
  257  ordinances initiated by the municipality that change the actual
  258  zoning map designation of a parcel or parcels of land shall be
  259  enacted pursuant to the following procedure:
  260         1. In cases in which the proposed ordinance changes the
  261  actual zoning map designation for a parcel or parcels of land
  262  involving less than 10 contiguous acres, the governing body
  263  shall direct the clerk of the governing body to notify by mail
  264  each real property owner whose land the municipality will
  265  redesignate by enactment of the ordinance and whose address is
  266  known by reference to the latest ad valorem tax records. The
  267  notice shall state the substance of the proposed ordinance as it
  268  affects that property owner and shall set a time and place for
  269  one or more public hearings on such ordinance. Such notice shall
  270  be given at least 30 days prior to the date set for the public
  271  hearing, and a copy of the notice shall be kept available for
  272  public inspection during the regular business hours of the
  273  office of the clerk of the governing body. The governing body
  274  shall hold a public hearing on the proposed ordinance and may,
  275  upon the conclusion of the hearing, immediately adopt the
  276  ordinance.
  277         2. In cases in which the proposed ordinance changes the
  278  actual list of permitted, conditional, or prohibited uses within
  279  a zoning category, or changes the actual zoning map designation
  280  of a parcel or parcels of land involving 10 contiguous acres or
  281  more, the governing body shall provide for public notice and
  282  hearings as follows:
  283         a. The local governing body shall hold two advertised
  284  public hearings on the proposed ordinance. At least one hearing
  285  shall be held after 5 p.m. on a weekday, unless the local
  286  governing body, by a majority plus one vote, elects to conduct
  287  that hearing at another time of day. The first public hearing
  288  shall be held at least 7 days after the day that the first
  289  advertisement is published. The second hearing shall be held at
  290  least 10 days after the first hearing and shall be advertised at
  291  least 5 days prior to the public hearing.
  292         b. The required advertisements shall be no less than 2
  293  columns wide by 10 inches long in a standard size or a tabloid
  294  size newspaper, and the headline in the advertisement shall be
  295  in a type no smaller than 18 point. The advertisement shall not
  296  be placed in that portion of the newspaper where legal notices
  297  and classified advertisements appear. The advertisement shall be
  298  placed in a newspaper of general paid circulation in the
  299  municipality and of general interest and readership in the
  300  municipality, not one of limited subject matter, pursuant to
  301  chapter 50. It is the legislative intent that, whenever
  302  possible, the advertisement appear in a newspaper that is
  303  published at least 5 days a week unless the only newspaper in
  304  the municipality is published less than 5 days a week. The
  305  advertisement shall be in substantially the following form:
  306  
  307                     NOTICE OF (TYPE OF) CHANGE                    
  308  
  309         The ...(name of local governmental unit)... proposes to
  310  adopt the following ordinance:...(title of the ordinance)....
  311  
  312         A public hearing on the ordinance will be held on ....(date
  313  and time).... at ...(meeting place)....
  314  
  315  Except for amendments which change the actual list of permitted,
  316  conditional, or prohibited uses within a zoning category, the
  317  advertisement shall contain a geographic location map which
  318  clearly indicates the area covered by the proposed ordinance.
  319  The map shall include major street names as a means of
  320  identification of the general area. In addition to being
  321  published in the newspaper, the map must be part of the online
  322  notice required pursuant to s. 50.0211.
  323         c. In lieu of publishing the advertisement set out in this
  324  paragraph, the municipality may mail a notice to each person
  325  owning real property within the area covered by the ordinance.
  326  Such notice shall clearly explain the proposed ordinance and
  327  shall notify the person of the time, place, and location of any
  328  public hearing on the proposed ordinance.
  329         Section 6. Paragraph (d) of subsection (1) of section
  330  190.005, Florida Statutes, is amended to read:
  331         190.005 Establishment of district.—
  332         (1) The exclusive and uniform method for the establishment
  333  of a community development district with a size of 1,000 acres
  334  or more shall be pursuant to a rule, adopted under chapter 120
  335  by the Florida Land and Water Adjudicatory Commission, granting
  336  a petition for the establishment of a community development
  337  district.
  338         (d) A local public hearing on the petition shall be
  339  conducted by a hearing officer in conformance with the
  340  applicable requirements and procedures of the Administrative
  341  Procedure Act. The hearing shall include oral and written
  342  comments on the petition pertinent to the factors specified in
  343  paragraph (e). The hearing shall be held at an accessible
  344  location in the county in which the community development
  345  district is to be located. The petitioner shall cause a notice
  346  of the hearing to be published in a newspaper at least once a
  347  week for the 4 successive weeks immediately prior to the
  348  hearing. Such notice shall give the time and place for the
  349  hearing, a description of the area to be included in the
  350  district, which description shall include a map showing clearly
  351  the area to be covered by the district, and any other relevant
  352  information which the establishing governing bodies may require.
  353  The advertisement shall not be placed in that portion of the
  354  newspaper where legal notices and classified advertisements
  355  appear. The advertisement shall be published in a newspaper of
  356  general paid circulation in the county and of general interest
  357  and readership in the community, not one of limited subject
  358  matter, pursuant to chapter 50. Whenever possible, the
  359  advertisement shall appear in a newspaper that is published at
  360  least 5 days a week, unless the only newspaper in the community
  361  is published fewer than 5 days a week. In addition to being
  362  published in the newspaper, the map referenced above must be
  363  part of the online advertisement required pursuant to s.
  364  50.0211. All affected units of general-purpose local government
  365  and the general public shall be given an opportunity to appear
  366  at the hearing and present oral or written comments on the
  367  petition.
  368         Section 7. Paragraph (h) of subsection (3) of section
  369  200.065, Florida Statutes, is amended to read:
  370         200.065 Method of fixing millage.—
  371         (3) The advertisement shall be no less than one-quarter
  372  page in size of a standard size or a tabloid size newspaper, and
  373  the headline in the advertisement shall be in a type no smaller
  374  than 18 point. The advertisement shall not be placed in that
  375  portion of the newspaper where legal notices and classified
  376  advertisements appear. The advertisement shall be published in a
  377  newspaper of general paid circulation in the county or in a
  378  geographically limited insert of such newspaper. The geographic
  379  boundaries in which such insert is circulated shall include the
  380  geographic boundaries of the taxing authority. It is the
  381  legislative intent that, whenever possible, the advertisement
  382  appear in a newspaper that is published at least 5 days a week
  383  unless the only newspaper in the county is published less than 5
  384  days a week, or that the advertisement appear in a
  385  geographically limited insert of such newspaper which insert is
  386  published throughout the taxing authority’s jurisdiction at
  387  least twice each week. It is further the legislative intent that
  388  the newspaper selected be one of general interest and readership
  389  in the community and not one of limited subject matter, pursuant
  390  to chapter 50.
  391         (h) In no event shall any taxing authority add to or delete
  392  from the language of the advertisements as specified herein
  393  unless expressly authorized by law, except that, if an increase
  394  in ad valorem tax rates will affect only a portion of the
  395  jurisdiction of a taxing authority, advertisements may include a
  396  map or geographical description of the area to be affected and
  397  the proposed use of the tax revenues under consideration. In
  398  addition, if published in the newspaper, the map must be part of
  399  the online advertisement required by s. 50.0211. The
  400  advertisements required herein shall not be accompanied,
  401  preceded, or followed by other advertising or notices which
  402  conflict with or modify the substantive content prescribed
  403  herein.
  404         Section 8. Subsection (2) of section 17.325, Florida
  405  Statutes, is amended to read:
  406         17.325 Governmental efficiency hotline; duties of Chief
  407  Financial Officer.—
  408         (2) The Chief Financial Officer shall operate the hotline
  409  24 hours a day. The Chief Financial Officer may shall advertise
  410  the availability of the hotline in newspapers of general
  411  circulation in this state and shall provide for the posting of
  412  notices in conspicuous places in state agency offices, city
  413  halls, county courthouses, and places in which there is exposure
  414  to significant numbers of the general public, including, but not
  415  limited to, local convenience stores, shopping malls, shopping
  416  centers, gasoline stations, or restaurants. The Chief Financial
  417  Officer shall use the slogan “Tell us where we can ‘Get Lean’”
  418  for the hotline and in advertisements for the hotline.
  419         Section 9. Paragraph (b) of subsection (5) of section
  420  215.68, Florida Statutes, is amended to read:
  421         215.68 Issuance of bonds; form; maturity date, execution,
  422  sale.—
  423         (5)
  424         (b) All of such bonds shall be sold at public sale at such
  425  place or places within the state as the board shall determine to
  426  receive proposals for the purchase of such bonds. Notice of such
  427  sale shall be provided at such time published at least once at
  428  least 10 days prior to the date of sale in one or more
  429  newspapers or financial journals published within or without the
  430  state and shall contain such terms as the board shall deem
  431  advisable and proper under the circumstances; provided, that if
  432  no bids are received at the time and place called for by such
  433  notice of sale, or if all bids received are rejected, such bonds
  434  may again be offered for public sale by competitive bid or
  435  negotiated sale, as provided herein, upon a shorter period of
  436  reasonable notice provided for by resolution of the board.
  437  However, unless the State Constitution specifically requires the
  438  public sale by competitive bid of such bonds, the division may,
  439  by resolution adopted at a public meeting, determine that a
  440  negotiated sale of such bonds is in the best interest of the
  441  issuer, and may negotiate for sale of such bonds to any
  442  underwriter designated by the division.
  443         1. In the resolution authorizing the negotiated sale, the
  444  division shall provide specific findings as to the reasons
  445  requiring the negotiated sale.
  446         2. A resolution authorizing a negotiated bond sale may be
  447  the same resolution as that authorizing the issuance of such
  448  bonds.
  449         Section 10. Subsection (5) of section 120.60, Florida
  450  Statutes, is amended to read:
  451         120.60 Licensing.—
  452         (5) No revocation, suspension, annulment, or withdrawal of
  453  any license is lawful unless, prior to the entry of a final
  454  order, the agency has served, by personal service or certified
  455  mail, an administrative complaint which affords reasonable
  456  notice to the licensee of facts or conduct which warrant the
  457  intended action and unless the licensee has been given an
  458  adequate opportunity to request a proceeding pursuant to ss.
  459  120.569 and 120.57. When personal service cannot be made and the
  460  certified mail notice is returned undelivered, the agency shall
  461  cause a short, plain notice to the licensee to be published once
  462  each week for 4 consecutive weeks in a newspaper published in
  463  the county of the licensee’s last known address as it appears on
  464  the records of the agency. If no newspaper is published in that
  465  county, the notice may be published in a newspaper of general
  466  circulation in that county. If the address is in some state
  467  other than this state or in a foreign territory or country, the
  468  notice may be published in Leon County.
  469         Section 11. Paragraph (d) of subsection (6) of section
  470  215.555, Florida Statutes, is amended to read:
  471         215.555 Florida Hurricane Catastrophe Fund.—
  472         (6) REVENUE BONDS.—
  473         (d) Florida Hurricane Catastrophe Fund Finance
  474  Corporation.—
  475         1. In addition to the findings and declarations in
  476  subsection (1), the Legislature also finds and declares that:
  477         a. The public benefits corporation created under this
  478  paragraph will provide a mechanism necessary for the cost
  479  effective and efficient issuance of bonds. This mechanism will
  480  eliminate unnecessary costs in the bond issuance process,
  481  thereby increasing the amounts available to pay reimbursement
  482  for losses to property sustained as a result of hurricane
  483  damage.
  484         b. The purpose of such bonds is to fund reimbursements
  485  through the Florida Hurricane Catastrophe Fund to pay for the
  486  costs of construction, reconstruction, repair, restoration, and
  487  other costs associated with damage to properties of
  488  policyholders of covered policies due to the occurrence of a
  489  hurricane.
  490         c. The efficacy of the financing mechanism will be enhanced
  491  by the corporation’s ownership of the assessments, by the
  492  insulation of the assessments from possible bankruptcy
  493  proceedings, and by covenants of the state with the
  494  corporation’s bondholders.
  495         2.a. There is created a public benefits corporation, which
  496  is an instrumentality of the state, to be known as the Florida
  497  Hurricane Catastrophe Fund Finance Corporation.
  498         b. The corporation shall operate under a five-member board
  499  of directors consisting of the Governor or a designee, the Chief
  500  Financial Officer or a designee, the Attorney General or a
  501  designee, the director of the Division of Bond Finance of the
  502  State Board of Administration, and the senior employee of the
  503  State Board of Administration responsible for operations of the
  504  Florida Hurricane Catastrophe Fund.
  505         c. The corporation has all of the powers of corporations
  506  under chapter 607 and under chapter 617, subject only to the
  507  provisions of this subsection.
  508         d. The corporation may issue bonds and engage in such other
  509  financial transactions as are necessary to provide sufficient
  510  funds to achieve the purposes of this section.
  511         e. The corporation may invest in any of the investments
  512  authorized under s. 215.47.
  513         f. There shall be no liability on the part of, and no cause
  514  of action shall arise against, any board members or employees of
  515  the corporation for any actions taken by them in the performance
  516  of their duties under this paragraph.
  517         3.a. In actions under chapter 75 to validate any bonds
  518  issued by the corporation, the notice required by s. 75.06 shall
  519  be published only in Leon County and in two newspapers of
  520  general circulation in the state, and the complaint and order of
  521  the court shall be served only on the State Attorney of the
  522  Second Judicial Circuit.
  523         b. The state hereby covenants with holders of bonds of the
  524  corporation that the state will not repeal or abrogate the power
  525  of the board to direct the Office of Insurance Regulation to
  526  levy the assessments and to collect the proceeds of the revenues
  527  pledged to the payment of such bonds as long as any such bonds
  528  remain outstanding unless adequate provision has been made for
  529  the payment of such bonds pursuant to the documents authorizing
  530  the issuance of such bonds.
  531         4. The bonds of the corporation are not a debt of the state
  532  or of any political subdivision, and neither the state nor any
  533  political subdivision is liable on such bonds. The corporation
  534  does not have the power to pledge the credit, the revenues, or
  535  the taxing power of the state or of any political subdivision.
  536  The credit, revenues, or taxing power of the state or of any
  537  political subdivision shall not be deemed to be pledged to the
  538  payment of any bonds of the corporation.
  539         5.a. The property, revenues, and other assets of the
  540  corporation; the transactions and operations of the corporation
  541  and the income from such transactions and operations; and all
  542  bonds issued under this paragraph and interest on such bonds are
  543  exempt from taxation by the state and any political subdivision,
  544  including the intangibles tax under chapter 199 and the income
  545  tax under chapter 220. This exemption does not apply to any tax
  546  imposed by chapter 220 on interest, income, or profits on debt
  547  obligations owned by corporations other than the Florida
  548  Hurricane Catastrophe Fund Finance Corporation.
  549         b. All bonds of the corporation shall be and constitute
  550  legal investments without limitation for all public bodies of
  551  this state; for all banks, trust companies, savings banks,
  552  savings associations, savings and loan associations, and
  553  investment companies; for all administrators, executors,
  554  trustees, and other fiduciaries; for all insurance companies and
  555  associations and other persons carrying on an insurance
  556  business; and for all other persons who are now or may hereafter
  557  be authorized to invest in bonds or other obligations of the
  558  state and shall be and constitute eligible securities to be
  559  deposited as collateral for the security of any state, county,
  560  municipal, or other public funds. This sub-subparagraph shall be
  561  considered as additional and supplemental authority and shall
  562  not be limited without specific reference to this sub
  563  subparagraph.
  564         6. The corporation and its corporate existence shall
  565  continue until terminated by law; however, no such law shall
  566  take effect as long as the corporation has bonds outstanding
  567  unless adequate provision has been made for the payment of such
  568  bonds pursuant to the documents authorizing the issuance of such
  569  bonds. Upon termination of the existence of the corporation, all
  570  of its rights and properties in excess of its obligations shall
  571  pass to and be vested in the state.
  572         Section 12. Section 253.52, Florida Statutes, is amended to
  573  read:
  574         253.52 Placing oil and gas leases on market by board.
  575  Whenever in the opinion of the Board of Trustees of the Internal
  576  Improvement Trust Fund there shall be a demand for the purchase
  577  of oil and gas leases on any area, tract, or parcel of the land
  578  so owned, controlled, or managed, by any state board,
  579  department, or agency, then the board shall place such oil and
  580  gas lease or leases on the market in such blocks, tracts, or
  581  parcels as it may designate. The lease or leases shall only be
  582  made after notice by publication thereof has been made not less
  583  than once a week for 4 consecutive weeks in a newspaper of
  584  general circulation published in Leon County, and in a similar
  585  newspaper for a similar period of time published in the vicinity
  586  of the lands offered to be leased, the last publication in both
  587  newspapers to be not less than 5 days in advance of the sale
  588  date. Such notice shall be to the effect that a lease or leases
  589  will be offered for sale at such date and time as may be named
  590  in said notice and shall describe the land upon which such
  591  lease, or leases, will be offered. This notice may be combined
  592  with the notice required pursuant to s. 253.115. Before any
  593  lease of any block, tract, or parcel of land, submerged, or
  594  unsubmerged, within a radius of 3 miles of the boundaries of any
  595  incorporated city, or town, or within such radius of any bathing
  596  beach, or beaches, outside thereof, such board, department, or
  597  agency, shall through one or more of its members hold a public
  598  hearing, after notice thereof by publication once in a newspaper
  599  of general circulation published at least 1 week prior to said
  600  hearing in the vicinity of the land, or lands, offered to be
  601  leased, of the offer to lease the same, calling upon all
  602  interested persons to attend said hearing where they would be
  603  given the opportunity to be heard, all of which shall be
  604  considered by the board prior to the execution of any lease or
  605  leases to said land, and the board may withdraw said land, or
  606  any part thereof, from the market, and refuse to execute such
  607  lease or leases if after such hearing, or otherwise, it
  608  considers such execution contrary to the public welfare. Before
  609  advertising any land for lease the form of the lease or leases
  610  to be offered for sale, not inconsistent with law, or the
  611  provisions of this section, shall be prescribed by the board and
  612  a copy, or copies, thereof, shall be available to the general
  613  public at the office of the Board of Trustees of the Internal
  614  Improvement Trust Fund and the advertisements of such sale shall
  615  so state.
  616         Section 13. Paragraph (b) of subsection (4) of section
  617  255.518, Florida Statutes, is amended to read:
  618         255.518 Obligations; purpose, terms, approval,
  619  limitations.—
  620         (4)
  621         (b) In actions to validate such obligations pursuant to
  622  chapter 75, the complaint shall be filed in the Circuit Court of
  623  Leon County, the notice required by s. 75.06, shall be published
  624  only in Leon County and in two newspapers of general circulation
  625  in the state, and the complaint and order of the court shall be
  626  served only on the state attorney of the Second Judicial
  627  Circuit.
  628         Section 14. Paragraph (b) of subsection (4) of section
  629  380.0668, Florida Statutes, is amended to read:
  630         380.0668 Bonds; purpose, terms, approval, limitations.—
  631         (4)
  632         (b) In actions to validate such bonds pursuant to chapter
  633  75, the complaint shall be filed in the Circuit Court of Leon
  634  County, the notice required by s. 75.06 shall be published in
  635  newspapers of general circulation in Leon County and the county
  636  in which the area or areas of critical state concern involved
  637  are located, and the complaint and order of the court shall be
  638  served on the state attorney of the Second Judicial Circuit and
  639  the circuit in which the area or areas of critical state concern
  640  involved are located.
  641         Section 15. Paragraph (b) of subsection (3) of section
  642  455.275, Florida Statutes, is amended to read:
  643         455.275 Address of record.—
  644         (3)
  645         (b) If service, as provided in paragraph (a), does not
  646  provide the department with proof of service, the department
  647  shall call the last known telephone number of record and cause a
  648  short, plain notice to the licensee to be posted on the front
  649  page of the department’s website and shall send notice via e
  650  mail to all newspapers of general circulation and all news
  651  departments of broadcast network affiliates in the county of the
  652  licensee’s last known address of record published once each week
  653  for 4 consecutive weeks in a newspaper published in the county
  654  of the licensee’s last known address of record. If a newspaper
  655  is not published in the county, the administrative complaint may
  656  be published in a newspaper of general circulation in the
  657  county. If the licensee’s last known address is located in
  658  another state or in a foreign jurisdiction, the administrative
  659  complaint may be published in Leon County pursuant to s.
  660  120.60(5).
  661         Section 16. Subsection (5) of section 473.3141, Florida
  662  Statutes, is amended to read:
  663         473.3141 Certified public accountants licensed in other
  664  states.—
  665         (5) Disciplinary action against an individual or firm that
  666  practices pursuant to this section is not valid unless, prior to
  667  the entry of a final order, the agency has served, by personal
  668  service pursuant to this chapter or chapter 48 or by certified
  669  mail, an administrative complaint that provides reasonable
  670  notice to the individual or firm of facts or conduct that
  671  warrants the intended action and unless the individual or firm
  672  has been given an adequate opportunity to request a proceeding
  673  pursuant to ss. 120.569 and 120.57. When personal service cannot
  674  be made and the certified mail notice is returned undelivered,
  675  the agency shall have a short, plain notice to the individual or
  676  firm with practice privileges published once a week for 4
  677  consecutive weeks in a newspaper published in Leon County,
  678  Florida. The newspaper shall meet the requirements prescribed by
  679  law for such purposes.
  680         Section 17. Paragraph (b) of subsection (5) of section
  681  527.23, Florida Statutes, is amended to read:
  682         527.23 Marketing orders; referendum requirements;
  683  assessments.—
  684         (5)
  685         (b) It is the duty of the producers or dealers of propane
  686  gas who vote in each referendum to send their marked ballots to
  687  the department, which shall have the ballots counted by
  688  qualified and impartial personnel in its office, and the
  689  department shall, within 10 days after the closing date for
  690  submitting ballots in any referendum, certify in writing and
  691  publish the results of such referendum on the front page of
  692  their website and shall send notice via e-mail to all
  693  publications of general circulation and all news departments of
  694  broadcast network affiliates located within the state in a
  695  newspaper of general circulation in the state and in such other
  696  newspapers as the department prescribes.
  697         Section 18. Subsection (2) of section 573.109, Florida
  698  Statutes, is amended to read:
  699         573.109 Procedure for referendum.—
  700         (2) It shall be the duty of the producers or handlers
  701  affected who vote in each referendum to send their marked
  702  ballots to the department, which shall have the ballots counted
  703  by qualified and impartial personnel in its office, and the
  704  department shall, within 10 days after the closing date for
  705  submitting ballots in any referendum, certify in writing and
  706  publish the results of such referendum on the front page of
  707  their website and shall send notice via e-mail to all
  708  publications of general circulation and all news departments of
  709  broadcast network affiliates located within the state in a
  710  newspaper of general circulation in the state and in such other
  711  newspapers as the department may prescribe.
  712         Section 19. Section 573.111, Florida Statutes, is amended
  713  to read:
  714         573.111 Notice of effective date of marketing order.—Before
  715  the issuance of any marketing order, or any suspension,
  716  amendment, or termination thereof, a notice shall be posted on a
  717  public bulletin board to be maintained by the department in the
  718  Division of Marketing and Development of the department in the
  719  Nathan Mayo Building, Tallahassee, Leon County, and a copy of
  720  the notice shall be posted on the department website published
  721  in a newspaper of general circulation in the state and in such
  722  other newspaper or newspapers as the department may prescribe.
  723  The notices published in the newspaper or newspapers shall be
  724  sent by first-class mail, by the department to those newspapers
  725  designated by it, the same date that the notice is posted on the
  726  bulletin board with instructions to publish the same as a legal
  727  advertisement the first date after receipt of the notice as such
  728  newspaper’s policy for publishing legal advertisements provides.
  729  No marketing order, or any suspension, amendment, or termination
  730  thereof, shall become effective until the termination of a
  731  period of 5 days from the date of posting and publication.
  732         Section 20. Subsection (2) of section 631.59, Florida
  733  Statutes, is amended to read:
  734         631.59 Duties and powers of department and office.—
  735         (2) The department may require that the association notify
  736  the insureds of the insolvent insurer and any other interested
  737  parties of the determination of insolvency and of their rights
  738  under this part. Such notification shall be by mail at their
  739  last known addresses, when available, but if sufficient
  740  information for notification by mail is not available, notice by
  741  e-mail or telephone publication in a newspaper of general
  742  circulation shall be sufficient.
  743         Section 21. Except as otherwise expressly provided in this
  744  act, this act shall take effect July 1, 2012, and shall apply to
  745  legal notices that must be published on or after that date.