Florida Senate - 2017 SB 1444
By Senator Stewart
13-01046A-17 20171444__
1 A bill to be entitled
2 An act relating to public notices by local
3 governmental entities; amending s. 50.011, F.S.;
4 providing that publication of a notice or
5 advertisement on a publicly accessible website
6 maintained by a county or municipality constitutes
7 legal notice for specified purposes; amending s.
8 50.021, F.S.; authorizing a county, municipality, or
9 dependent special district to publish legally required
10 advertisements on a publicly accessible website;
11 amending ss. 50.0211 and 50.031, F.S.; providing that
12 publication of a notice or advertisement on a publicly
13 accessible website maintained by a county or
14 municipality constitutes legal notice for specified
15 purposes; creating s. 50.0311, F.S.; providing a
16 definition; authorizing the publication of legally
17 required notices and advertisements on a publicly
18 accessible website maintained by a county or
19 municipality under certain circumstances; providing
20 requirements for publication of such notices and
21 advertisements; requiring the county or municipality
22 to complete, sign, and maintain on file a certain
23 affidavit for specified published notices and
24 advertisements; amending ss. 50.051 and 50.061, F.S.;
25 conforming provisions to changes made by the act;
26 amending s. 100.342, F.S.; authorizing the publication
27 of a notice of a special election or referendum on a
28 publicly accessible website; amending s. 125.66, F.S.;
29 authorizing the publication of a notice of intent to
30 consider an ordinance by a board of county
31 commissioners on a publicly accessible website;
32 requiring that such notice be continuously posted on
33 the website for a specified period; conforming
34 provisions to changes made by the act; amending s.
35 129.03, F.S.; authorizing the publication of a
36 county’s summary statement of adopted tentative
37 budgets on a publicly accessible website; amending s.
38 129.06, F.S.; authorizing the publication of notice of
39 a public hearing relating to the amendment of a county
40 budget on a publicly accessible website; amending s.
41 153.79, F.S.; authorizing the publication of certain
42 water system or sewer system projects on a publicly
43 accessible website; requiring that such publication be
44 continuously posted for a specified period; amending
45 s. 159.32, F.S.; authorizing the advertisement of
46 competitive bids for certain construction contracts on
47 a publicly accessible website; amending s. 162.12,
48 F.S.; authorizing the publication of notice of a
49 county or municipal code enforcement board hearing on
50 a publicly accessible website; amending s. 163.3184,
51 F.S.; authorizing the publication of notice for
52 adoption of a local government comprehensive plan or
53 plan amendment, or the approval of a compliance
54 agreement, on a publicly accessible website; providing
55 requirements for such publication; amending s.
56 166.041, F.S.; authorizing the publication of notice
57 for adoption of municipal ordinances on a publicly
58 accessible website; conforming provisions to changes
59 made by the act; amending s. 170.05, F.S.; authorizing
60 the publication of a municipal resolution relating to
61 public improvements financed by special assessments on
62 a publicly accessible website; amending s. 170.07,
63 F.S.; authorizing the publication of notice of a
64 hearing of a preliminary assessment roll on a publicly
65 accessible website; amending s. 180.24, F.S.;
66 authorizing the publication of certain contracts for
67 construction of utilities on a publicly accessible
68 website; requiring that such publication be posted for
69 a specified period; amending s. 197.3632, F.S.;
70 authorizing certain local governmental entities to
71 publish a notice of intent relating to the use of the
72 uniform method of collecting non-ad valorem
73 assessments on a publicly accessible website;
74 providing requirements for such publication; amending
75 s. 200.065, F.S.; authorizing certain local
76 governmental entities to advertise a notice of intent
77 to adopt a millage rate and budget on a publicly
78 accessible website; providing requirements for such
79 advertisement; amending s. 255.0525, F.S.; authorizing
80 the advertisement of the solicitation of competitive
81 bids or proposals for certain construction projects on
82 a publicly accessible website; providing requirements
83 for such advertisement; amending s. 380.06, F.S.;
84 authorizing the publication of an advertisement for a
85 public hearing relating to an areawide development-of
86 regional-impact plan review on a publicly accessible
87 website; conforming provisions to changes made by the
88 act; amending s. 403.973, F.S.; revising a definition
89 to conform to changes made by the act; amending s.
90 420.9075, F.S.; authorizing the advertisement of a
91 notice of funding availability under local housing
92 assistance plans on a publicly accessible website;
93 providing an effective date.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Section 50.011, Florida Statutes, is amended to
98 read:
99 50.011 Where and in what language legal notices to be
100 published.—Whenever by statute an official or legal
101 advertisement or a publication, or notice in a newspaper has
102 been or is directed or permitted in the nature of or in lieu of
103 process, or for constructive service, or in initiating,
104 assuming, reviewing, exercising or enforcing jurisdiction or
105 power, or for any purpose, including all legal notices and
106 advertisements of sheriffs and tax collectors, the
107 contemporaneous and continuous intent and meaning of such
108 legislation all and singular, existing or repealed, is and has
109 been and is hereby declared to be and to have been, and the rule
110 of interpretation is and has been, a publication in a newspaper
111 printed and published periodically once a week or oftener,
112 containing at least 25 percent of its words in the English
113 language, entered or qualified to be admitted and entered as
114 periodicals matter at a post office in the county where
115 published, for sale to the public generally, available to the
116 public generally for the publication of official or other
117 notices and customarily containing information of a public
118 character or of interest or of value to the residents or owners
119 of property in the county where published, or of interest or of
120 value to the general public. Notwithstanding any other provision
121 of law, the publication of a notice or advertisement on a
122 publicly accessible website maintained by a county or
123 municipality as authorized by s. 50.0311 constitutes legal
124 notice for purposes of this section.
125 Section 2. Section 50.021, Florida Statutes, is amended to
126 read:
127 50.021 Publication when no newspaper in county.—When any
128 law, or order or decree of court, shall direct advertisements to
129 be made in any county and there is be no newspaper published in
130 the said county, the advertisement may be made by posting three
131 copies thereof in three different places in the said county, one
132 of which shall be at the front door of the courthouse, and by
133 publication in the nearest county in which a newspaper is
134 published. A county, municipality, or dependent special district
135 may publish such advertisements on a publicly accessible website
136 maintained by the local governmental entity responsible for
137 publication as authorized by s. 50.0311.
138 Section 3. Subsection (2) of section 50.0211, Florida
139 Statutes, is amended, and subsection (5) is added to that
140 section, to read:
141 50.0211 Internet website publication.—
142 (2) If a legal notice is published in a newspaper, each
143 legal notice must be posted on the newspaper’s website on the
144 same day that the printed notice appears in the newspaper, at no
145 additional charge, in a separate web page titled “Legal
146 Notices,” “Legal Advertising,” or comparable identifying
147 language. A link to the legal notices web page shall be provided
148 on the front page of the newspaper’s website that provides
149 access to the legal notices. If there is a specified size and
150 placement required for a printed legal notice, the size and
151 placement of the notice on the newspaper’s website must optimize
152 its online visibility in keeping with the print requirements.
153 The newspaper’s web pages that contain legal notices must
154 present the legal notices as the dominant and leading subject
155 matter of those pages. The newspaper’s website must contain a
156 search function to facilitate searching the legal notices. A fee
157 may not be charged, and registration may not be required, for
158 viewing or searching legal notices on a newspaper’s website if
159 the legal notice is published in a newspaper.
160 (5) Notwithstanding any other provision of law, the
161 publication of a notice or advertisement on a publicly
162 accessible website maintained by a county or municipality as
163 authorized by s. 50.0311 constitutes legal notice for purposes
164 of this section.
165 Section 4. Section 50.031, Florida Statutes, is amended to
166 read:
167 50.031 Newspapers in which legal notices and process may be
168 published.—No notice or publication required to be published in
169 a newspaper in the nature of or in lieu of process of any kind,
170 nature, character or description provided for under any law of
171 the state, whether heretofore or hereafter enacted, and whether
172 pertaining to constructive service, or the initiating, assuming,
173 reviewing, exercising or enforcing jurisdiction or power, by any
174 court in this state, or any notice of sale of property, real or
175 personal, for taxes, state, county or municipal, or sheriff’s,
176 guardian’s or administrator’s or any sale made pursuant to any
177 judicial order, decree or statute or any other publication or
178 notice pertaining to any affairs of the state, or any county,
179 municipality or other political subdivision thereof, shall be
180 deemed to have been published in accordance with the statutes
181 providing for such publication, unless the same shall have been
182 published for the prescribed period of time required for such
183 publication, in a newspaper which at the time of such
184 publication shall have been in existence for 1 year and shall
185 have been entered as periodicals matter at a post office in the
186 county where published, or in a newspaper which is a direct
187 successor of a newspaper which together have been so published;
188 provided, however, that nothing herein contained shall apply
189 where in any county there shall be no newspaper in existence
190 which shall have been published for the length of time above
191 prescribed. No legal publication of any kind, nature or
192 description, as herein defined, shall be valid or binding or
193 held to be in compliance with the statutes providing for such
194 publication unless the same shall have been published in
195 accordance with the provisions of this section. Proof of such
196 publication shall be made by uniform affidavit. Notwithstanding
197 any other provision of law, the publication of a notice or
198 advertisement on a publicly accessible website maintained by a
199 county or municipality as authorized by s. 50.0311 constitutes
200 legal notice for purposes of this section.
201 Section 5. Section 50.0311, Florida Statutes, is created to
202 read:
203 50.0311 Publication of notices and advertisements on a
204 publicly accessible website maintained by a county or
205 municipality.—
206 (1) For purposes of notices and advertisements legally
207 required to be published by a county, municipality, or dependent
208 special district, the term “publicly accessible website” means
209 the official website of a county or municipality that is
210 accessible via the Internet.
211 (2) A county or municipality may publish legally required
212 notices and advertisements on its publicly accessible website,
213 if expressly authorized by ordinance and:
214 (a) A public library or other governmental facility
215 providing free access to the Internet during regular business
216 hours exists within the jurisdictional boundaries of the county
217 or municipality;
218 (b) The county or municipality publishes notice at least
219 once per year in a newspaper of general circulation, the
220 county’s or municipality’s newsletter or periodical, or another
221 publication that is mailed or delivered to all residents or
222 property owners throughout the county or municipality, which
223 notifies residents or property owners that they may receive
224 legally required notices and advertisements from the county or
225 municipality by first-class mail or e-mail upon registering
226 their names and addresses or e-mail addresses with the county or
227 municipality; and
228 (c) The county or municipality maintains a registry of the
229 names, addresses, and e-mail addresses of residents and property
230 owners who have requested in writing that they receive legally
231 required notices and advertisements from the county or
232 municipality by first-class mail or e-mail.
233 (3) Any legally required notice or advertisement that is
234 published on a county’s or municipality’s publicly accessible
235 website must be conspicuously placed on the website’s homepage
236 or made accessible through a direct link from the homepage. The
237 website’s homepage or linked page must contain an index
238 including a list of all the county’s or municipality’s current
239 legal notices or advertisements, with hyperlinks to the full
240 text of such notices or advertisements. The page where the index
241 is located must also contain a search function to improve public
242 accessibility to legal notices or advertisements. Each notice or
243 advertisement listed in the index must indicate the date on
244 which it was first published on the website.
245 (4) For each legally required notice or advertisement
246 published on a publicly accessible website, the county or
247 municipality responsible for publication shall complete, sign,
248 and maintain on file an electronic-based or paper-based
249 affidavit of posting. The affidavit shall state the initial
250 publication date of the notice or advertisement and that the
251 notice or advertisement was posted from the initial publication
252 date through either the last posting date required by law or the
253 date when the event described in the notice takes place,
254 whichever occurs later.
255 Section 6. Section 50.051, Florida Statutes, is amended to
256 read:
257 50.051 Proof of publication; form of uniform affidavit.—The
258 printed form upon which all such affidavits establishing proof
259 of publication in a newspaper are to be executed shall be
260 substantially as follows:
261 NAME OF NEWSPAPER
262 Published (Weekly or Daily)
263 (Town or City) (County) FLORIDA
264 STATE OF FLORIDA
265 COUNTY OF ....:
266 Before the undersigned authority personally appeared ....,
267 who on oath says that he or she is .... of the ...., a ....
268 newspaper published at .... in .... County, Florida; that the
269 attached copy of advertisement, being a .... in the matter of
270 .... in the .... Court, was published in said newspaper in the
271 issues of .....
272 Affiant further says that the said .... is a newspaper
273 published at ...., in said .... County, Florida, and that the
274 said newspaper has heretofore been continuously published in
275 said .... County, Florida, each .... and has been entered as
276 periodicals matter at the post office in ...., in said ....
277 County, Florida, for a period of 1 year next preceding the first
278 publication of the attached copy of advertisement; and affiant
279 further says that he or she has neither paid nor promised any
280 person, firm or corporation any discount, rebate, commission or
281 refund for the purpose of securing this advertisement for
282 publication in the said newspaper.
283 Sworn to and subscribed before me this .... day of ....,
284 ...(year)..., by ...., who is personally known to me or who has
285 produced (type of identification) as identification.
286 ...(Signature of Notary Public)...
287 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
288 ...(Notary Public)...
289 Section 7. Subsection (6) of section 50.061, Florida
290 Statutes, is amended to read:
291 50.061 Amounts chargeable.—
292 (6) All official public notices and legal advertisements
293 published in a newspaper shall be charged and paid for on the
294 basis of 6-point type on 6-point body, unless otherwise
295 specified by statute.
296 Section 8. Section 100.342, Florida Statutes, is amended to
297 read:
298 100.342 Notice of special election or referendum.—In any
299 special election or referendum not otherwise provided for there
300 shall be at least 30 days’ notice of the election or referendum
301 by publication in a newspaper of general circulation in the
302 respective county, district, or municipality, or on a publicly
303 accessible website that is maintained by the county or
304 municipality responsible for publication in accordance with s.
305 50.0311, which must be continuously posted during the 5 weeks
306 immediately preceding the election or referendum, as the case
307 may be. If advertised in the newspaper, the publication shall be
308 made at least twice, once in the fifth week and once in the
309 third week before prior to the week in which the election or
310 referendum is to be held. If there is no newspaper of general
311 circulation in the county, district, or municipality or publicly
312 accessible website, the notice shall be posted in no fewer less
313 than five places within the territorial limits of the county,
314 district, or municipality.
315 Section 9. Paragraph (a) of subsection (2) and paragraph
316 (b) of subsection (4) of section 125.66, Florida Statutes, are
317 amended to read:
318 125.66 Ordinances; enactment procedure; emergency
319 ordinances; rezoning or change of land use ordinances or
320 resolutions.—
321 (2)(a) The regular enactment procedure shall be as follows:
322 The board of county commissioners at any regular or special
323 meeting may enact or amend any ordinance, except as provided in
324 subsection (4), if notice of intent to consider such ordinance
325 is published given at least 10 days before the prior to said
326 meeting by publication in a newspaper of general circulation in
327 the county or continuously posted during the 10 days immediately
328 preceding the meeting on a publicly accessible website
329 maintained by the county in accordance with s. 50.0311. A copy
330 of such notice shall be kept available for public inspection
331 during the regular business hours of the office of the clerk of
332 the board of county commissioners. The notice of proposed
333 enactment shall state the date, time, and place of the meeting;
334 the title or titles of proposed ordinances; and the place or
335 places within the county where such proposed ordinances may be
336 inspected by the public. The notice shall also advise that
337 interested parties may appear at the meeting and be heard with
338 respect to the proposed ordinance.
339 (4) Ordinances or resolutions, initiated by other than the
340 county, that change the actual zoning map designation of a
341 parcel or parcels of land shall be enacted pursuant to
342 subsection (2). Ordinances or resolutions that change the actual
343 list of permitted, conditional, or prohibited uses within a
344 zoning category, or ordinances or resolutions initiated by the
345 county that change the actual zoning map designation of a parcel
346 or parcels of land shall be enacted pursuant to the following
347 procedure:
348 (b) In cases in which the proposed ordinance or resolution
349 changes the actual list of permitted, conditional, or prohibited
350 uses within a zoning category, or changes the actual zoning map
351 designation of a parcel or parcels of land involving 10
352 contiguous acres or more, the board of county commissioners
353 shall provide for public notice and hearings as follows:
354 1. The board of county commissioners shall hold two
355 advertised public hearings on the proposed ordinance or
356 resolution. At least one hearing shall be held after 5 p.m. on a
357 weekday, unless the board of county commissioners, by a majority
358 plus one vote, elects to conduct that hearing at another time of
359 day. The first public hearing shall be held at least 7 days
360 after the day that the first advertisement is published. The
361 second hearing shall be held at least 10 days after the first
362 hearing and shall be advertised at least 5 days before prior to
363 the public hearing.
364 2. The required newspaper advertisements shall be no less
365 than 2 columns wide by 10 inches long in a standard size or a
366 tabloid size newspaper, and the headline in the advertisement
367 shall be in a type no smaller than 18 point. The newspaper
368 advertisement shall not be placed in that portion of the
369 newspaper where legal notices and classified advertisements
370 appear. The newspaper advertisement shall be placed in a
371 newspaper of general paid circulation in the county and of
372 general interest and readership in the community pursuant to
373 chapter 50, not one of limited subject matter. It is the
374 legislative intent that, whenever possible, the newspaper
375 advertisement shall appear in a newspaper that is published at
376 least 5 days a week unless the only newspaper in the community
377 is published less than 5 days a week. The newspaper
378 advertisement shall be in substantially the following form:
379 NOTICE OF (TYPE OF) CHANGE
380 The ...(name of local governmental unit)... proposes to
381 adopt the following by ordinance or resolution:...(title of
382 ordinance or resolution)....
383 A public hearing on the ordinance or resolution will be
384 held on ...(date and time)... at ...(meeting place) ....
385
386 Except for amendments which change the actual list of permitted,
387 conditional, or prohibited uses within a zoning category, the
388 newspaper advertisement shall contain a geographic location map
389 which clearly indicates the area within the local government
390 covered by the proposed ordinance or resolution. The map shall
391 include major street names as a means of identification of the
392 general area. In addition to being published in the newspaper,
393 the map must be part of the online notice required pursuant to
394 s. 50.0211.
395 3. In lieu of publishing the newspaper advertisements set
396 out in this paragraph, the board of county commissioners may
397 mail a notice to each person owning real property within the
398 area covered by the ordinance or resolution. Such notice shall
399 clearly explain the proposed ordinance or resolution and shall
400 notify the person of the time, place, and location of both
401 public hearings on the proposed ordinance or resolution.
402 Section 10. Paragraph (b) of subsection (3) of section
403 129.03, Florida Statutes, is amended to read:
404 129.03 Preparation and adoption of budget.—
405 (3) The county budget officer, after tentatively
406 ascertaining the proposed fiscal policies of the board for the
407 next fiscal year, shall prepare and present to the board a
408 tentative budget for the next fiscal year for each of the funds
409 provided in this chapter, including all estimated receipts,
410 taxes to be levied, and balances expected to be brought forward
411 and all estimated expenditures, reserves, and balances to be
412 carried over at the end of the year.
413 (b) Upon receipt of the tentative budgets and completion of
414 any revisions, the board shall prepare a statement summarizing
415 all of the adopted tentative budgets. The summary statement must
416 show, for each budget and the total of all budgets, the proposed
417 tax millages, balances, reserves, and the total of each major
418 classification of receipts and expenditures, classified
419 according to the uniform classification of accounts adopted by
420 the appropriate state agency. The board shall cause the this
421 summary statement to be advertised one time in a newspaper of
422 general circulation published in the county, posted on a
423 publicly accessible website maintained by the county in
424 accordance with s. 50.0311, or posted by posting at the
425 courthouse door if there is no such newspaper or website, and
426 the advertisement must appear adjacent to the advertisement
427 required pursuant to s. 200.065.
428 Section 11. Paragraph (f) of subsection (2) of section
429 129.06, Florida Statutes, is amended to read:
430 129.06 Execution and amendment of budget.—
431 (2) The board at any time within a fiscal year may amend a
432 budget for that year, and may within the first 60 days of a
433 fiscal year amend the budget for the prior fiscal year, as
434 follows:
435 (f) Unless otherwise prohibited by law, if an amendment to
436 a budget is required for a purpose not specifically authorized
437 in paragraphs (a)-(e), the amendment may be authorized by
438 resolution or ordinance of the board of county commissioners
439 adopted following a public hearing.
440 1. The public hearing must be advertised at least 2 days,
441 but not more than 5 days, before the date of the hearing. The
442 advertisement must appear in a newspaper of paid general
443 circulation or on a publicly accessible website maintained by
444 the county in accordance with s. 50.0311. Such advertisement and
445 must identify the name of the taxing authority;, the date,
446 place, and time of the hearing;, and the purpose of the hearing.
447 If the public hearing is advertised in a newspaper, such
448 advertisement must appear in the newspaper at least 2 days, but
449 not more than 5 days, before the date of the hearing. If the
450 public hearing is advertised on a publicly accessible website,
451 such advertisement must be continuously posted on the website
452 during the 5 days immediately preceding the hearing. The
453 advertisement must also identify each budgetary fund to be
454 amended, the source of the funds, the use of the funds, and the
455 total amount of each fund’s appropriations.
456 2. If the board amends the budget pursuant to this
457 paragraph, the adopted amendment must be posted on the county’s
458 official website within 5 days after adoption.
459 Section 12. Section 153.79, Florida Statutes, is amended to
460 read:
461 153.79 Contracts for construction of improvements;, sealed
462 bids.—All contracts let, awarded, or entered into by the
463 district for the construction, reconstruction, or acquisition or
464 improvement of a water system or a sewer system, or both, or any
465 part thereof, if the amount thereof shall exceed $1,000, shall
466 be awarded only after public advertisement and call for sealed
467 bids therefor, in a newspaper published in the county
468 circulating in the district or on a publicly accessible website
469 maintained by the county in accordance with s. 50.0311, or, if
470 there is be no such newspaper or website, then in a newspaper
471 published in the state and circulating in the district. If
472 advertised in a newspaper, such advertisement shall to be
473 published at least once at least 3 weeks before the date set for
474 the receipt of such bids. If advertised on a publicly accessible
475 website, such advertisement must be continuously posted on the
476 website during the 3 weeks immediately preceding the date set
477 for the receipt of such bids. Such advertisements for bids in
478 addition to the other necessary and pertinent matter shall state
479 in general terms the nature and description of the improvement
480 or improvements to be undertaken and shall state that detailed
481 plans and specifications for such work are on file for
482 inspection in the office of the district clerk and copies
483 thereof shall be furnished to any interested party upon payment
484 of reasonable charges to reimburse the district for its expenses
485 in providing such copies. The award shall be made to the
486 responsible and competent bidder or bidders who shall offer to
487 undertake the improvements at the lowest cost to the district
488 and such bidder or bidders shall be required to file bond for
489 the full and faithful performance of such work and the execution
490 of any such contract in such amount as the district board shall
491 determine, and in all other respects the letting of such
492 construction contracts shall comply with applicable provisions
493 of the general laws relating to the letting of public contracts.
494 Nothing in this section shall be deemed to prevent the district
495 from hiring or retaining such consulting engineers, attorneys,
496 financial experts or other technicians as it shall determine, in
497 its discretion, or from undertaking any construction work with
498 its own resources, without any such public advertisement.
499 Section 13. Section 159.32, Florida Statutes, is amended to
500 read:
501 159.32 Construction contracts.—Contracts for the
502 construction of the project may be awarded by the local agency
503 in such manner as in its judgment will best promote free and
504 open competition, including advertisement for competitive bids
505 in a newspaper of general circulation within the boundaries of
506 the local agency or on a publicly accessible website maintained
507 by the county or municipality responsible for publication in
508 accordance with s. 50.0311; however, if the local agency shall
509 determine that the purposes of this part will be more
510 effectively served, the local agency in its discretion may award
511 or cause to be awarded contracts for the construction of any
512 project, or any part thereof, upon a negotiated basis as
513 determined by the local agency. The local agency shall prescribe
514 bid security requirements and other procedures in connection
515 with the award of such contracts as in its judgment shall
516 protect the public interest. The local agency may by written
517 contract engage the services of the lessee, purchaser, or
518 prospective lessee or purchaser of any project in the
519 construction of the project and may provide in the contract that
520 the lessee, purchaser, or prospective lessee or purchaser may
521 act as an agent of, or an independent contractor for, the local
522 agency for the performance of the functions described therein,
523 subject to such conditions and requirements consistent with the
524 provisions of this part as shall be prescribed in the contract,
525 including functions such as the acquisition of the site and
526 other real property for the project; the preparation of plans,
527 specifications, and contract documents; the award of
528 construction and other contracts upon a competitive or
529 negotiated basis; the construction of the project, or any part
530 thereof, directly by the lessee, purchaser, or prospective
531 lessee or purchaser; the inspection and supervision of
532 construction; the employment of engineers, architects, builders,
533 and other contractors; and the provision of money to pay the
534 cost thereof pending reimbursement by the local agency. Any such
535 contract may provide that the local agency may, out of proceeds
536 of bonds, make advances to or reimburse the lessee, purchaser,
537 or prospective lessee or purchaser for its costs incurred in the
538 performance of those functions, and shall set forth the
539 supporting documents required to be submitted to the local
540 agency and the reviews, examinations, and audits that shall be
541 required in connection therewith to assure compliance with the
542 provisions of this part and the contract.
543 Section 14. Paragraph (a) of subsection (2) of section
544 162.12, Florida Statutes, is amended to read:
545 162.12 Notices.—
546 (2) In addition to providing notice as set forth in
547 subsection (1), at the option of the code enforcement board or
548 the local government, notice may be served by publication or
549 posting, as follows:
550 (a)1. Such notice shall be published once during each week
551 for 4 consecutive weeks (four publications being sufficient) in
552 a newspaper of general circulation in the county where the code
553 enforcement board is located or continuously posted during the 4
554 weeks immediately preceding the hearing on a publicly accessible
555 website maintained by the county or municipality responsible for
556 publication in accordance with s. 50.0311. The newspaper or
557 website shall meet such requirements as are prescribed under
558 chapter 50 for legal and official advertisements.
559 2. Proof of newspaper publication shall be made as provided
560 in ss. 50.041 and 50.051.
561 Section 15. Paragraph (c) of subsection (6) and paragraph
562 (b) of subsection (11) of section 163.3184, Florida Statutes,
563 are amended to read:
564 163.3184 Process for adoption of comprehensive plan or plan
565 amendment.—
566 (6) COMPLIANCE AGREEMENT.—
567 (c) Before its execution of a compliance agreement, the
568 local government must approve the compliance agreement at a
569 public hearing advertised at least 10 days before the public
570 hearing in a newspaper of general circulation in the area or
571 continuously posted during the 10 days immediately preceding the
572 hearing on a publicly accessible website maintained by the
573 county or municipality responsible for publication in accordance
574 with s. 50.0311 and the advertisement requirements in of chapter
575 125 or chapter 166, as applicable.
576 (11) PUBLIC HEARINGS.—
577 (b) The local governing body shall hold at least two
578 advertised public hearings on the proposed comprehensive plan or
579 plan amendment as follows:
580 1. The first public hearing shall be held at the
581 transmittal stage. It shall be held on a weekday at least 7 days
582 after the day that the first advertisement is published in a
583 newspaper or initially posted on a publicly accessible website
584 in accordance with s. 50.0311 and pursuant to the requirements
585 in of chapter 125 or chapter 166, as applicable.
586 2. The second public hearing shall be held at the adoption
587 stage. It shall be held on a weekday at least 5 days after the
588 day that the second advertisement is published in a newspaper or
589 initially posted on a publicly accessible website in accordance
590 with s. 50.0311 and pursuant to the requirements in of chapter
591 125 or chapter 166, as applicable.
592 Section 16. Paragraphs (a) and (c) of subsection (3) of
593 section 166.041, Florida Statutes, are amended to read:
594 166.041 Procedures for adoption of ordinances and
595 resolutions.—
596 (3)(a) Except as provided in paragraph (c), a proposed
597 ordinance may be read by title, or in full, on at least 2
598 separate days and shall, at least 10 days before prior to
599 adoption, be noticed once in a newspaper of general circulation
600 in the municipality or continuously posted during the 10 days
601 immediately preceding adoption on a publicly accessible website
602 maintained by the municipality in accordance with s. 50.0311.
603 The notice of proposed enactment shall state the date, time, and
604 place of the meeting; the title or titles of proposed
605 ordinances; and the place or places within the municipality
606 where such proposed ordinances may be inspected by the public.
607 The notice shall also advise that interested parties may appear
608 at the meeting and be heard with respect to the proposed
609 ordinance.
610 (c) Ordinances initiated by other than the municipality
611 that change the actual zoning map designation of a parcel or
612 parcels of land shall be enacted pursuant to paragraph (a).
613 Ordinances that change the actual list of permitted,
614 conditional, or prohibited uses within a zoning category, or
615 ordinances initiated by the municipality that change the actual
616 zoning map designation of a parcel or parcels of land shall be
617 enacted pursuant to the following procedure:
618 1. In cases in which the proposed ordinance changes the
619 actual zoning map designation for a parcel or parcels of land
620 involving less than 10 contiguous acres, the governing body
621 shall direct the clerk of the governing body to notify by mail
622 each real property owner whose land the municipality will
623 redesignate by enactment of the ordinance and whose address is
624 known by reference to the latest ad valorem tax records. The
625 notice shall state the substance of the proposed ordinance as it
626 affects that property owner and shall set a time and place for
627 one or more public hearings on such ordinance. Such notice shall
628 be given at least 30 days prior to the date set for the public
629 hearing, and a copy of the notice shall be kept available for
630 public inspection during the regular business hours of the
631 office of the clerk of the governing body. The governing body
632 shall hold a public hearing on the proposed ordinance and may,
633 upon the conclusion of the hearing, immediately adopt the
634 ordinance.
635 2. In cases in which the proposed ordinance changes the
636 actual list of permitted, conditional, or prohibited uses within
637 a zoning category, or changes the actual zoning map designation
638 of a parcel or parcels of land involving 10 contiguous acres or
639 more, the governing body shall provide for public notice and
640 hearings as follows:
641 a. The local governing body shall hold two advertised
642 public hearings on the proposed ordinance. At least one hearing
643 shall be held after 5 p.m. on a weekday, unless the local
644 governing body, by a majority plus one vote, elects to conduct
645 that hearing at another time of day. The first public hearing
646 shall be held at least 7 days after the day that the first
647 advertisement is published. The second hearing shall be held at
648 least 10 days after the first hearing and shall be advertised at
649 least 5 days prior to the public hearing.
650 b. The newspaper required advertisements shall be no less
651 than 2 columns wide by 10 inches long in a standard size or a
652 tabloid size newspaper, and the headline in the newspaper
653 advertisement shall be in a type no smaller than 18 point. The
654 newspaper advertisement shall not be placed in that portion of
655 the newspaper where legal notices and classified advertisements
656 appear. The newspaper advertisement shall be placed in a
657 newspaper of general paid circulation in the municipality and of
658 general interest and readership in the municipality, not one of
659 limited subject matter, pursuant to chapter 50. It is the
660 legislative intent that, whenever possible, the newspaper
661 advertisement appear in a newspaper that is published at least 5
662 days a week unless the only newspaper in the municipality is
663 published less than 5 days a week. The newspaper advertisement
664 shall be in substantially the following form:
665 NOTICE OF (TYPE OF) CHANGE
666 The ...(name of local governmental unit)... proposes to
667 adopt the following ordinance:...(title of the ordinance)....
668 A public hearing on the ordinance will be held on ...(date
669 and time)... at ...(meeting place)....
670
671 Except for amendments which change the actual list of permitted,
672 conditional, or prohibited uses within a zoning category, the
673 newspaper advertisement shall contain a geographic location map
674 which clearly indicates the area covered by the proposed
675 ordinance. The map shall include major street names as a means
676 of identification of the general area. In addition to being
677 published in the newspaper, the map must be part of the online
678 notice required pursuant to s. 50.0211.
679 c. In lieu of publishing the advertisement set out in this
680 paragraph, the municipality may mail a notice to each person
681 owning real property within the area covered by the ordinance.
682 Such notice shall clearly explain the proposed ordinance and
683 shall notify the person of the time, place, and location of any
684 public hearing on the proposed ordinance.
685 Section 17. Section 170.05, Florida Statutes, is amended to
686 read:
687 170.05 Publication of resolution.—Upon the adoption of the
688 resolution provided for in s. 170.03, the municipality shall
689 cause such said resolution to be published one time in a
690 newspaper of general circulation published in the said
691 municipality or on a publicly accessible website maintained by
692 the municipality in accordance with s. 50.0311., and If there is
693 be no such newspaper or website published in said municipality,
694 the governing authority of the said municipality shall cause the
695 said resolution to be published once a week for a period of 2
696 weeks in a newspaper of general circulation published in the
697 county or on a publicly accessible website maintained by the
698 county in which the said municipality is located.
699 Section 18. Section 170.07, Florida Statutes, is amended to
700 read:
701 170.07 Publication of preliminary assessment roll.—Upon the
702 completion of a said preliminary assessment roll, the governing
703 authority of a the municipality shall by resolution fix a time
704 and place at which the owners of the property to be assessed or
705 any other persons interested therein may appear before such said
706 governing authority and be heard as to the propriety and
707 advisability of making such improvements, as to the cost
708 thereof, as to the manner of payment therefor, and as to the
709 amount thereof to be assessed against each property so improved.
710 Thirty days’ notice in writing of such time and place shall be
711 given to such property owners. The notice shall include the
712 amount of the assessment and shall be served by mailing a copy
713 to each of such property owners at his or her last known
714 address, the names and addresses of such property owners to be
715 obtained from the records of the property appraiser or from such
716 other sources as the city or town clerk or engineer deems
717 reliable, proof of such mailing to be made by the affidavit of
718 the clerk or deputy clerk of the said municipality, or by the
719 engineer, such said proof to be filed with the clerk, provided,
720 that failure to mail the said notice or notices shall not
721 invalidate any of the proceedings hereunder. Notice of the time
722 and place of such hearing shall also be given by two
723 publications a week apart in a newspaper of general circulation
724 in the said municipality or continuously posted for 2 weeks on a
725 publicly accessible website maintained by the municipality in
726 accordance with s. 50.0311., and If there is be no such
727 newspaper or website, published in said municipality the
728 governing authority of the said municipality shall cause the
729 said notice to be published in like manner in a newspaper of
730 general circulation published in the county or on a publicly
731 accessible website maintained by the county in which the said
732 municipality is located,; provided that the last publication
733 shall be at least 1 week before prior to the date of the
734 hearing. Such Said notice shall describe the streets or other
735 areas to be improved and advise all persons interested that the
736 description of each property to be assessed and the amount to be
737 assessed to each piece or parcel of property may be ascertained
738 at the office of the clerk of the municipality. Such service by
739 publication shall be verified by the affidavit of the publisher
740 and filed with the clerk of the said municipality.
741 Section 19. Subsection (1) of section 180.24, Florida
742 Statutes, is amended to read:
743 180.24 Contracts for construction; bond; publication of
744 notice; bids.—
745 (1) Any municipality desiring the accomplishment of any or
746 all of the purposes of this chapter may make contracts for the
747 construction of any of the utilities mentioned in this chapter,
748 or any extension or extensions to any previously constructed
749 utility, which said contracts shall be in writing, and the
750 contractor shall be required to give bond, which said bond shall
751 be executed by a surety company authorized to do business in the
752 state; provided, however, construction contracts in excess of
753 $25,000 shall be advertised by the publication of a notice in a
754 newspaper of general circulation in the county in which the said
755 municipality is located at least once each week for 2
756 consecutive weeks, by continuously posting the notice for 2
757 consecutive weeks on a publicly accessible website maintained by
758 the municipality in accordance with s. 50.0311 or by posting
759 three notices in three conspicuous places in the said
760 municipality, one of which shall be on the door of the city
761 hall; and that at least 10 days shall elapse between the date of
762 the first publication or posting of such notice and the date of
763 receiving bids and the execution of such contract documents. For
764 municipal construction projects identified in s. 255.0525, the
765 notice provision of that section supersedes and replaces the
766 notice provisions in this section.
767 Section 20. Paragraph (a) of subsection (3) of section
768 197.3632, Florida Statutes, is amended to read:
769 197.3632 Uniform method for the levy, collection, and
770 enforcement of non-ad valorem assessments.—
771 (3)(a) Notwithstanding any other provision of law to the
772 contrary, a local government which is authorized to impose a
773 non-ad valorem assessment and which elects to use the uniform
774 method of collecting such assessment for the first time as
775 authorized in this section shall adopt a resolution at a public
776 hearing before prior to January 1 or, if the property appraiser,
777 tax collector, and local government agree, March 1. The
778 resolution shall clearly state its intent to use the uniform
779 method of collecting such assessment. The local government shall
780 publish notice of its intent to use the uniform method for
781 collecting such assessment weekly in a newspaper of general
782 circulation within each county contained in the boundaries of
783 the local government for 4 consecutive weeks preceding the
784 hearing. A county, municipality, or dependent special district
785 may continuously post such notice of intent during the 4
786 consecutive weeks immediately preceding the hearing on a
787 publicly accessible website maintained by the county or
788 municipality responsible for publication in accordance with s.
789 50.0311. The resolution shall state the need for the levy and
790 shall include a legal description of the boundaries of the real
791 property subject to the levy. If the resolution is adopted, the
792 local governing board shall send a copy of it by United States
793 mail to the property appraiser, the tax collector, and the
794 department by January 10 or, if the property appraiser, tax
795 collector, and local government agree, March 10.
796 Section 21. Paragraph (d) of subsection (2) and subsection
797 (12) of section 200.065, Florida Statutes, are amended to read:
798 200.065 Method of fixing millage.—
799 (2) No millage shall be levied until a resolution or
800 ordinance has been approved by the governing board of the taxing
801 authority which resolution or ordinance must be approved by the
802 taxing authority according to the following procedure:
803 (d) Within 15 days after the meeting adopting the tentative
804 budget, the taxing authority shall advertise in a newspaper of
805 general circulation in the county as provided in subsection (3),
806 its intent to finally adopt a millage rate and budget. A county,
807 municipality, or dependent special district may continuously
808 post such notice of intent until completion of the hearing on a
809 publicly accessible website maintained by the county or
810 municipality responsible for publication in accordance with s.
811 50.0311. A public hearing to finalize the budget and adopt a
812 millage rate shall be held not less than 2 days nor more than 5
813 days after the day that the advertisement is first published.
814 During the hearing, the governing body of the taxing authority
815 shall amend the adopted tentative budget as it sees fit, adopt a
816 final budget, and adopt a resolution or ordinance stating the
817 millage rate to be levied. The resolution or ordinance shall
818 state the percent, if any, by which the millage rate to be
819 levied exceeds the rolled-back rate computed pursuant to
820 subsection (1), which shall be characterized as the percentage
821 increase in property taxes adopted by the governing body. The
822 adoption of the budget and the millage-levy resolution or
823 ordinance shall be by separate votes. For each taxing authority
824 levying millage, the name of the taxing authority, the rolled
825 back rate, the percentage increase, and the millage rate to be
826 levied shall be publicly announced before prior to the adoption
827 of the millage-levy resolution or ordinance. In no event may The
828 millage rate adopted pursuant to this paragraph may not exceed
829 the millage rate tentatively adopted pursuant to paragraph (c).
830 If the rate tentatively adopted pursuant to paragraph (c)
831 exceeds the proposed rate provided to the property appraiser
832 pursuant to paragraph (b), or as subsequently adjusted pursuant
833 to subsection (11), each taxpayer within the jurisdiction of the
834 taxing authority shall be sent notice by first-class mail of his
835 or her taxes under the tentatively adopted millage rate and his
836 or her taxes under the previously proposed rate. The notice must
837 be prepared by the property appraiser, at the expense of the
838 taxing authority, and must generally conform to the requirements
839 of s. 200.069. If such additional notice is necessary, its
840 mailing must precede the hearing held pursuant to this paragraph
841 by not less than 10 days and not more than 15 days.
842 (12) The time periods specified in this section shall be
843 determined by using the date of certification of value pursuant
844 to subsection (1) or July 1, whichever date is later, as day 1.
845 The time periods shall be considered directory and may be
846 shortened, provided:
847 (a) No public hearing which is preceded by a mailed notice
848 occurs earlier than 10 days following the mailing of such
849 notice;
850 (b) Any public hearing preceded by a newspaper
851 advertisement or posting of notice on a publicly accessible
852 website is held not less than 2 days or more than 5 days after
853 following publication of such newspaper advertisement or the
854 initial posting of notice on the website; and
855 (c) The property appraiser coordinates such shortening of
856 time periods and gives written notice to all affected taxing
857 authorities; however, no taxing authority shall be denied its
858 right to the full time periods allowed in this section.
859 Section 22. Subsection (2) of section 255.0525, Florida
860 Statutes, is amended to read:
861 255.0525 Advertising for competitive bids or proposals.—
862 (2) The solicitation of competitive bids or proposals for
863 any county, municipality, or other political subdivision
864 construction project that is projected to cost more than
865 $200,000 shall be publicly advertised at least once in a
866 newspaper of general circulation in the county where the project
867 is located at least 21 days before prior to the established bid
868 opening and at least 5 days before prior to any scheduled prebid
869 conference, or continuously posted during the 21-day period
870 immediately preceding the established bid opening date and
871 during the 5-day period immediately preceding any scheduled
872 prebid conference on a publicly accessible website maintained by
873 the county or municipality responsible for publication in
874 accordance with s. 50.0311. The solicitation of competitive bids
875 or proposals for any county, municipality, or other political
876 subdivision construction project that is projected to cost more
877 than $500,000 shall be publicly advertised at least once in a
878 newspaper of general circulation in the county where the project
879 is located at least 30 days before prior to the established bid
880 opening and at least 5 days before prior to any scheduled prebid
881 conference, or continuously posted during the 30-day period
882 immediately preceding the established bid opening date and
883 during the 5-day period immediately preceding any scheduled
884 prebid conference on a publicly accessible website maintained by
885 the county or municipality responsible for publication in
886 accordance with s. 50.0311. Bids or proposals shall be received
887 and opened at the location, date, and time established in the
888 bid or proposal advertisement. In cases of emergency, the
889 procedures required in this section may be altered by the local
890 governmental entity in any manner that is reasonable under the
891 emergency circumstances.
892 Section 23. Paragraph (e) of subsection (25) of section
893 380.06, Florida Statutes, is amended to read:
894 380.06 Developments of regional impact.—
895 (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
896 (e) The local government shall schedule a public hearing
897 within 60 days after receipt of the petition. The public hearing
898 shall be advertised at least 30 days before prior to the
899 hearing. In addition to the public hearing notice by the local
900 government, the petitioner, except when the petitioner is a
901 local government, shall provide actual notice to each person
902 owning land within the proposed areawide development plan at
903 least 30 days before prior to the hearing. If the petitioner is
904 a local government, or local governments pursuant to an
905 interlocal agreement, notice of the public hearing shall be
906 provided by the publication of an advertisement in a newspaper
907 of general circulation that meets the requirements of this
908 paragraph or on a publicly accessible website maintained by the
909 county or municipality responsible for publication in accordance
910 with s. 50.0311. The newspaper advertisement must be no less
911 than one-quarter page in a standard size or tabloid size
912 newspaper, and the headline in the newspaper advertisement must
913 be in type no smaller than 18 point. The newspaper advertisement
914 may shall not be published in that portion of the newspaper
915 where legal notices and classified advertisements appear. The
916 advertisement must be published in a newspaper of general paid
917 circulation in the county and of general interest and readership
918 in the community, not one of limited subject matter, or on a
919 publicly accessible website maintained by the county or
920 municipality responsible for publication pursuant to chapter 50.
921 Whenever possible, the newspaper advertisement must appear in a
922 newspaper that is published at least 5 days a week, unless the
923 only newspaper in the community is published less than 5 days a
924 week. The newspaper advertisement must be in substantially the
925 form used to advertise amendments to comprehensive plans
926 pursuant to s. 163.3184. The local government shall specifically
927 notify in writing the regional planning agency and the state
928 land planning agency at least 30 days before prior to the public
929 hearing. At the public hearing, all interested parties may
930 testify and submit evidence regarding the petitioner’s
931 qualifications, the need for and benefits of an areawide
932 development of regional impact, and such other issues relevant
933 to a full consideration of the petition. If more than one local
934 government has jurisdiction over the defined planning area in an
935 areawide development plan, the local governments shall hold a
936 joint public hearing. Such hearing shall address, at a minimum,
937 the need to resolve conflicting ordinances or comprehensive
938 plans, if any. The local government holding the joint hearing
939 shall comply with the following additional requirements:
940 1. The notice of the hearing shall be published at least 60
941 days in advance of the hearing and shall specify where the
942 petition may be reviewed.
943 2. The notice shall be given to the state land planning
944 agency, to the applicable regional planning agency, and to such
945 other persons as may have been designated by the state land
946 planning agency as entitled to receive such notices.
947 3. A public hearing date shall be set by the appropriate
948 local government at the next scheduled meeting.
949 Section 24. Paragraph (a) of subsection (2) of section
950 403.973, Florida Statutes, is amended to read:
951 403.973 Expedited permitting; amendments to comprehensive
952 plans.—
953 (2) As used in this section, the term:
954 (a) “Duly noticed” means publication in a newspaper of
955 general circulation in the municipality or county having with
956 jurisdiction or on a publicly accessible website maintained by
957 the county or municipality having jurisdiction in accordance
958 with s. 50.0311. If published in a newspaper, the notice shall
959 appear on at least 2 separate days, one of which shall be at
960 least 7 days before the meeting. If published on a publicly
961 accessible website, the notice shall be continuously posted
962 during the 7 days immediately preceding the meeting. The notice
963 shall state the date, time, and place of the meeting scheduled
964 to discuss or enact the memorandum of agreement, and the places
965 within the municipality or county where such proposed memorandum
966 of agreement may be inspected by the public. The newspaper
967 notice must be one-eighth of a page in size and must be
968 published in a portion of the paper other than the legal notices
969 section. The notice shall also advise that interested parties
970 may appear at the meeting and be heard with respect to the
971 memorandum of agreement.
972 Section 25. Paragraph (b) of subsection (4) of section
973 420.9075, Florida Statutes, is amended to read:
974 420.9075 Local housing assistance plans; partnerships.—
975 (4) Each local housing assistance plan is governed by the
976 following criteria and administrative procedures:
977 (b) The county or eligible municipality or its
978 administrative representative shall advertise the notice of
979 funding availability in a newspaper of general circulation and
980 periodicals serving ethnic and diverse neighborhoods, at least
981 30 days before the beginning of the application period or
982 continuously post such notice during the 30 days immediately
983 preceding the application period on a publicly accessible
984 website maintained by the county or eligible municipality in
985 accordance with s. 50.0311. If no funding is available due to a
986 waiting list, no notice of funding availability is required.
987 Section 26. This act shall take effect October 1, 2017.