Florida Senate - 2010 SB 376
By Senator Dean
3-00279-10 2010376__
1 A bill to be entitled
2 An act relating to required advertisements and public
3 notices by governmental entities; creating s. 50.0311,
4 F.S.; defining the term “publicly accessible website”;
5 authorizing a governmental entity to use its publicly
6 accessible website for legally required advertisements
7 and public notices; providing conditions for such use;
8 providing for optional receipt of legally required
9 advertisements and public notices by first-class mail;
10 providing requirements for advertisements and public
11 notices published on a publicly accessible website;
12 amending s. 50.011, F.S.; providing that a notice,
13 advertisement, or publication on a publicly accessible
14 website in accordance with s. 50.0311, F.S.,
15 constitutes legal notice; amending s. 50.021, F.S.;
16 providing that advertisements directed by law or order
17 or decree of court to be made in a county in which no
18 newspaper is published may be made by publication on a
19 publicly accessible website; amending s. 50.051, F.S.;
20 providing clarifying provisions; amending s. 50.061,
21 F.S.; providing clarifying provisions; amending s.
22 100.342, F.S.; providing for notice of special
23 election or referendum on a publicly accessible
24 website; amending s. 125.012, F.S.; providing that
25 required publication of notice of a county’s intention
26 to grant certain exclusive franchises may be provided
27 on a publicly accessible website; amending s. 125.35,
28 F.S.; providing for publication of notice of the sale
29 of real property by a county on a publicly accessible
30 website for a specified period; amending s. 125.66,
31 F.S.; providing for notice of consideration of an
32 ordinance by a board of county commissioners to be
33 published on a publicly accessible website; requiring
34 maintenance of the advertisement for a specified
35 period; providing clarifying provisions; amending s.
36 129.03, F.S.; providing for the advertisement of a
37 summary statement of adopted tentative county budgets
38 on a publicly accessible website; amending s. 129.06,
39 F.S.; providing for advertisement of a public hearing
40 relating to the amendment of a county budget on a
41 publicly accessible website; amending s. 138.12, F.S.;
42 providing for publication of notice of a proposal to
43 expand a county seat and meetings related thereto on a
44 publicly accessible website; amending s. 153.53, F.S.;
45 providing for publication of notice of an election to
46 create a county water and sewer system district on a
47 publicly accessible website; amending s. 153.55, F.S.;
48 providing for advertisement of a hearing on a report
49 relative to the creation of a county water and sewer
50 system district on a publicly accessible website;
51 amending s. 153.79, F.S.; providing for public
52 advertisement by a county water and sewer system
53 district of projects to construct, reconstruct,
54 acquire, or improve a water system or a sewer system,
55 and of a call for sealed bids for such projects, on a
56 publicly accessible website; amending s. 157.03, F.S.;
57 providing for advertisement for bids for the
58 construction of ditches, drains, or canals within a
59 county on a publicly accessible website; amending s.
60 157.21, F.S.; providing for advertisement by a county
61 on a publicly accessible website for bids to enlarge
62 or deepen a drain; amending s. 157.28, F.S.; providing
63 for advertisement for bids for the repair of a county
64 ditch, drain, or canal on a publicly accessible
65 website; amending s. 159.32, F.S.; providing for
66 advertisement for competitive bids for contracts for
67 the construction of a project under the Florida
68 Industrial Development Financing Act on a publicly
69 accessible website; amending s. 162.12, F.S.;
70 providing for optional serving of notice by a code
71 enforcement board of a violation of a county or
72 municipal code via a publicly accessible website;
73 amending s. 163.3184, F.S.; providing for notice of
74 public hearings on the adoption of a local government
75 comprehensive plan or plan amendment or the approval
76 of a compliance agreement under the Local Government
77 Comprehensive Planning and Land Development Regulation
78 Act via a publicly accessible website; amending s.
79 163.3225, F.S.; providing for advertisement by a local
80 government of notice of intent to consider a
81 development agreement on a publicly accessible
82 website; amending s. 163.356, F.S.; providing for
83 posting of notice of the filing of a report of the
84 activities of a community redevelopment agency on a
85 publicly accessible website; amending s. 163.360,
86 F.S.; providing for notice of a public hearing on a
87 community redevelopment plan via a publicly accessible
88 website; amending s. 163.361, F.S.; providing for
89 notice of a public hearing on a proposed modification
90 of a community redevelopment plan via a publicly
91 accessible website; amending s. 163.380, F.S.;
92 providing for public notice of the disposition of any
93 real property in a community redevelopment area on a
94 publicly accessible website; amending s. 163.387,
95 F.S.; providing for publication on a publicly
96 accessible website of notice of a public hearing
97 regarding a taxing authority’s intention to limit the
98 amount of the authority’s contribution to a community
99 redevelopment trust fund; providing for publication on
100 a publicly accessible website of notice of a local
101 governing body’s public hearing on a special
102 district’s request for exemption from appropriation of
103 tax increment funds to a community redevelopment trust
104 fund; amending s. 163.511, F.S.; providing for
105 notification of electors and freeholders of general
106 provisions relating to special neighborhood
107 improvement districts via a publicly accessible
108 website; amending s. 163.514, F.S.; providing for
109 notification of electors in a neighborhood improvement
110 district of general provisions relating to powers of
111 such districts via a publicly accessible website;
112 amending s. 163.516, F.S.; providing for publication
113 of notice of a public hearing on a safe neighborhood
114 improvement plan or on the amendment or modification
115 of a safe neighborhood improvement plan via a publicly
116 accessible website; amending s. 163.524, F.S.;
117 providing for publication of notice of a joint public
118 hearing on the adoption, amendment, or modification of
119 a neighborhood enhancement plan via a publicly
120 accessible website; amending s. 165.041, F.S.;
121 providing for publication of notice of an election for
122 the approval of a charter for the merger of two or
123 more municipalities and associated unincorporated
124 areas via a publicly accessible website; amending s.
125 165.051, F.S.; providing for notice of an election to
126 vote on an ordinance to revoke the charter of an
127 existing municipality to be published on a publicly
128 accessible website; amending s. 166.041, F.S.;
129 providing for notice of adoption of a municipal
130 ordinance via a publicly accessible website; providing
131 clarifying provisions; amending s. 166.0497, F.S.;
132 providing for publication of notice of a public
133 hearing on the adoption of an ordinance to alter,
134 amend, or expand a municipal downtown development
135 district via a publicly accessible website; amending
136 s. 170.05, F.S.; providing for publication on a
137 publicly accessible website of a resolution relating
138 to municipal public improvements financed by special
139 assessments; amending s. 170.07, F.S.; providing for
140 publication on a publicly accessible website of notice
141 of hearing on municipal public improvements financed
142 by special assessments; amending s. 171.0413, F.S.;
143 providing for publication of notice of a referendum on
144 annexation of territory by a municipality via a
145 publicly accessible website; amending s. 171.051,
146 F.S.; providing for notice of a contraction ordinance
147 and publication of notice of a referendum on
148 contraction of municipal boundaries via a publicly
149 accessible website; amending s. 173.09, F.S.;
150 providing for advertisement via a publicly accessible
151 website of the sale of land pursuant to foreclosure of
152 municipal tax and special assessment liens; amending
153 s. 177.101, F.S.; providing for publishing of legal
154 notice of intention to apply to a county governing
155 body to vacate a plat of land via a publicly
156 accessible website; amending s. 180.09, F.S.;
157 providing for publication of notice via a publicly
158 accessible website of the adoption of a resolution or
159 ordinance by a city council or other legislative body
160 authorizing the issuance of mortgage revenue
161 certificates or debentures; amending s. 180.24, F.S.;
162 providing for advertisement via a publicly accessible
163 website of specified construction contracts for
164 utilities or extensions to a previously constructed
165 utility; amending s. 189.4044, F.S.; providing for
166 publication of a notice of proposed declaration of
167 inactive status of a special district via a publicly
168 accessible website; amending s. 189.417, F.S.;
169 providing for the advertisement of meetings of the
170 governing body of an independent special district via
171 a publicly accessible website; providing for notice of
172 public meetings of a water management district held to
173 evaluate responses to solicitations issued by the
174 district via a publicly accessible website; amending
175 s. 190.006, F.S.; providing for publication of notice
176 via a publicly accessible website of a meeting of the
177 landowners of a community development district for the
178 purpose of electing district supervisors; amending s.
179 190.033, F.S.; providing for advertisement for notice
180 of bids or other competitive solicitation by the board
181 of supervisors of a community development district via
182 a publicly accessible website; amending s. 191.005,
183 F.S.; providing for publication via a publicly
184 accessible website of special notice of any meeting at
185 which the governing board of an independent fire
186 control district will consider a salary change for a
187 board member; amending s. 192.0105, F.S.; providing
188 for advertisement via a publicly accessible website of
189 a listing of the names of taxpayers who are delinquent
190 in paying tangible personal property taxes as provided
191 for under the Florida Taxpayer’s Bill of Rights;
192 providing for advertised notice via a publicly
193 accessible website of the actions of a value
194 adjustment board as provided for under the Florida
195 Taxpayer’s Bill of Rights; amending s. 194.037, F.S.;
196 providing for publication on a publicly accessible
197 website of the findings and results of a property tax
198 value adjustment board; amending s. 197.3632, F.S.;
199 providing for publication on a publicly accessible
200 website of a local government’s notice of intent to
201 use the uniform method of collecting non-ad valorem
202 assessments; amending s. 200.065, F.S.; providing for
203 advertisement on a publicly accessible website of a
204 taxing authority’s intent to adopt a millage rate and
205 budget; providing for advertisement on a publicly
206 accessible website of a school district’s intent to
207 adopt a tentative budget; providing for advertisement
208 on a publicly accessible website of the intention of a
209 specified multicounty taxing authority to adopt a
210 tentative budget and millage rate; providing
211 clarifying and conforming provisions; providing for
212 notice via a publicly accessible website of correction
213 of a specified error contained in a notice of proposed
214 property taxes mailed to taxpayers; amending s.
215 205.032, F.S.; providing for publication of notice on
216 a publicly accessible website of the levy of a
217 business tax by a county governing body; amending s.
218 205.042, F.S.; providing for publication of notice on
219 a publicly accessible website of the levy of a
220 business tax by the governing body of an incorporated
221 municipality; amending s. 255.0525, F.S.; providing
222 for advertisement via a publicly accessible website
223 for the solicitation of competitive bids or proposals
224 for construction projects of a county, municipality,
225 or other political subdivision which are projected to
226 exceed specified costs; amending s. 274.06, F.S.;
227 providing for publication of notice via a publicly
228 accessible website of a local government’s sale of
229 tangible personal property having a specified value;
230 amending s. 290.0057, F.S.; providing for notice via a
231 publicly accessible website of a public hearing on an
232 enterprise zone strategic plan; amending s. 298.301,
233 F.S.; providing for publication on a publicly
234 accessible website of notice of a public hearing on a
235 proposed district water control plan or plan
236 amendment; providing for publication by the board of
237 supervisors of a water control district on a publicly
238 accessible website of the filing of an engineer’s
239 report and a geographical depiction of the water
240 control district; providing conforming provisions;
241 amending ss. 348.243, 348.83, 348.943, 348.953, and
242 348.968, F.S.; providing for advertisement via a
243 publicly accessible website of public hearings on
244 specified projects of the Broward County Expressway
245 Authority, the Pasco County Expressway Authority, the
246 St. Lucie County Expressway and Bridge Authority, the
247 Seminole County Expressway Authority, and the Santa
248 Rosa Bay Bridge Authority, respectively; amending s.
249 350.81, F.S.; providing for publication on a publicly
250 accessible website of notice of public hearings by a
251 governmental entity that proposes to provide a
252 communications service; amending s. 373.4592, F.S.;
253 providing for publication on a publicly accessible
254 website of notice by the South Florida Water
255 Management District of the certification of a non-ad
256 valorem assessment roll in specified counties relative
257 to Everglades management and improvement; amending s.
258 373.45924, F.S.; providing for publication as a notice
259 on a publicly accessible website of a truth-in
260 borrowing statement from the South Florida Water
261 Management District relative to the district’s
262 proposal to borrow or otherwise finance with debt any
263 fixed capital outlay projects or operating capital
264 outlay for Everglades management and improvement;
265 amending s. 373.536, F.S.; providing for publication
266 on a publicly accessible website of notice of budget
267 hearings conducted by the governing board or district
268 staff of the South Florida Water Management District,
269 advertisement of budget workshops conducted by the
270 district for the public, advertisement of the
271 district’s intention to adopt a tentative budget and
272 millage rate, and notices of the district governing
273 board’s intention to adopt a final budget for the
274 district for the ensuing fiscal year under the
275 Everglades Restoration Investment Act; amending s.
276 376.80, F.S.; providing for notice via a publicly
277 accessible website of public hearings on the proposed
278 designation of a specified brownfield area by a local
279 government; amending s. 379.2425, F.S.; providing for
280 publication of notice via a publicly accessible
281 website of the establishment of a restricted area by
282 the Fish and Wildlife Conservation Commission;
283 amending s. 380.06, F.S.; providing for publication of
284 an advertisement on a publicly accessible website of a
285 public hearing by a local government on an areawide
286 development of regional impact under the Florida
287 Environmental Land and Water Management Act of 1972;
288 amending s. 403.973, F.S.; redefining the term “duly
289 noticed” to include publication on a publicly
290 accessible website; providing conforming provisions;
291 amending s. 420.9075, F.S.; providing for
292 advertisement of notice on a publicly accessible
293 website of funding availability through a local
294 housing assistance plan under the State Housing
295 Initiatives Partnership Act; amending s. 553.73, F.S.;
296 providing for advertisement on a publicly accessible
297 website of a public hearing on the need to adopt local
298 technical amendments to the Florida Building Code
299 which provide for more stringent requirements;
300 amending s. 633.025, F.S.; providing for advertisement
301 on a publicly accessible website of a public hearing
302 to determine the need to strengthen a local governing
303 body’s minimum firesafety code requirements; amending
304 s. 705.103, F.S.; providing for publication of notice
305 on a publicly accessible website of a law enforcement
306 agency’s election to retain lost property; providing
307 for publication on a publicly accessible website of
308 the advertisement of public sale of lost property by a
309 law enforcement agency; amending s. 715.109, F.S.;
310 providing for publication on a publicly accessible
311 website of advertisement of the sale of abandoned
312 property under the Disposition of Personal Property
313 Landlord and Tenant Act; reenacting ss. 125.56(1) and
314 212.054(6), F.S., relating to enforcement and
315 amendment of the Florida Building Code and Florida
316 Fire Prevention Code and a discretionary sales surtax,
317 to incorporate the amendment to s. 125.66, F.S., in
318 references thereto; reenacting ss. 163.3164(18),
319 163.346, and 376.80(1), F.S., relating to the
320 definition of “public notice” for purposes of the
321 Local Government Comprehensive Planning and Land
322 Development Regulation Act, notice to taxing
323 authorities, and the brownfield program administration
324 process, respectively, to incorporate the amendments
325 to ss. 125.66 and 166.041, F.S., in references
326 thereto; reenacting ss. 30.50(4) and 200.065(3)(l),
327 F.S., relating to amendment of a county budget
328 relative to payment of salaries and expenses by a
329 sheriff and advertisement and notice requirements with
330 respect to the fixing of millage rates, to incorporate
331 the amendments to ss. 129.03 and 129.06, F.S., in
332 references thereto; reenacting ss. 163.3246(9)(a),
333 163.32465(6)(h), 288.975(10) and (12)(d), 420.5095(9),
334 and 1013.30(6), F.S., relating to adoption and review
335 of local government comprehensive plan amendments,
336 entry into compliance agreements between parties to an
337 administrative challenge to an amendment to certain
338 urban local comprehensive plans, military base reuse
339 plans, a local government comprehensive plan amendment
340 to implement a community workforce housing innovation
341 pilot program project, and review of a university
342 campus draft master plan, respectively, to incorporate
343 the amendments to s. 163.3184, F.S., in references
344 thereto; reenacting s. 163.3187(1)(c), F.S., relating
345 to the amendment of an adopted comprehensive plan, to
346 incorporate the amendments to s. 166.041, F.S., in a
347 reference thereto; reenacting ss. 192.0105(1)(b) and
348 (c), 200.068, and 286.0105, F.S., relating to taxpayer
349 rights, certification of compliance with ch. 200,
350 F.S., relating to determination of millage, and to a
351 requirement that notices of meetings and hearings of a
352 board, commission, or agency of the state advise that
353 a record of the proceedings is required to appeal,
354 respectively, to incorporate the amendments to s.
355 200.065, F.S., in references thereto; reenacting ss.
356 705.104(1) and 717.119(5)(b), F.S., relating to title
357 to lost or abandoned property and to disposition by a
358 law enforcement agency of a firearm or ammunition
359 found in an unclaimed safe-deposit box or other
360 safekeeping repository, respectively, to incorporate
361 the amendment to s. 705.103, F.S., in references
362 thereto; providing an effective date.
363
364 Be It Enacted by the Legislature of the State of Florida:
365
366 Section 1. Section 530.0311, Florida Statutes, is created
367 to read:
368 530.0311 Publication of advertisements and public notices
369 on a governmental entity’s publicly accessible website.—
370 (1) For purposes of notices and advertisements required by
371 statute to be published by governmental entities, the term
372 “publicly accessible website” means a governmental entity’s
373 official website that is accessible via the Internet.
374 (2) If specifically authorized by statute, a governmental
375 entity may use its website for legally required advertisements
376 and public notices if:
377 (a) A public library or other governmental facility
378 providing free access to the Internet during regular business
379 hours exists within the jurisdictional boundaries of such
380 governmental entity;
381 (b) The governmental entity provides notice to its
382 residents at least once per year in a newspaper of general
383 circulation, the governmental entity’s newsletter or periodical,
384 or another publication that is mailed or delivered to all
385 residents or property owners throughout the governmental
386 entity’s jurisdiction, indicating that residents may receive
387 legally required advertisements and public notices from the
388 governmental entity by first-class mail or e-mail upon
389 registering their name and address or e-mail address with the
390 local governmental entity;
391 (c) The governmental entity maintains a registry of names,
392 addresses, and e-mail addresses of residents who request in
393 writing that they receive legally required advertisements and
394 public notices from the governmental entity by first-class mail
395 or e-mail; and
396 (d) At the time of initial publication of an advertisement
397 or public notice on a governmental entity’s publicly accessible
398 website, the governmental entity mails or e-mails a copy of such
399 publication to residents indicating a preference to receive such
400 advertisements and notices by first-class mail or e-mail.
401 (3) Advertisements and public notices published on a
402 publicly accessible website shall be conspicuously placed on the
403 website’s homepage or accessible through a direct link from the
404 homepage. The advertisement shall indicate the date on which the
405 advertisement was first published on the publicly accessible
406 website.
407 Section 2. Section 50.011, Florida Statutes, is amended to
408 read:
409 50.011 Where and in what language legal notices to be
410 published.—Whenever by statute an official or legal
411 advertisement or a publication, or notice in a newspaper has
412 been or is directed or permitted in the nature of or in lieu of
413 process, or for constructive service, or in initiating,
414 assuming, reviewing, exercising or enforcing jurisdiction or
415 power, or for any purpose, including all legal notices and
416 advertisements of sheriffs and tax collectors, the
417 contemporaneous and continuous intent and meaning of such
418 legislation all and singular, existing or repealed, is and has
419 been and is hereby declared to be and to have been, and the rule
420 of interpretation is and has been, a publication in a newspaper
421 printed and published periodically once a week or oftener,
422 containing at least 25 percent of its words in the English
423 language, entered or qualified to be admitted and entered as
424 periodicals matter at a post office in the county where
425 published, for sale to the public generally, available to the
426 public generally for the publication of official or other
427 notices and customarily containing information of a public
428 character or of interest or of value to the residents or owners
429 of property in the county where published, or of interest or of
430 value to the general public. Notwithstanding any provisions to
431 the contrary, and if specifically authorized by statute, a
432 notice, advertisement, or publication on a publicly accessible
433 website in accordance with s. 50.0311 constitutes legal notice.
434 Section 3. Section 50.021, Florida Statutes, is amended to
435 read:
436 50.021 Publication when no newspaper in county.—When any
437 law, or order or decree of court, shall direct advertisements to
438 be made in any county and there be no newspaper published in the
439 said county, the advertisement may be made by publishing such
440 advertisement on a publicly accessible website maintained by the
441 entity responsible for publication or posting three copies
442 thereof in three different places in said county, one of which
443 shall be at the front door of the courthouse, and by publication
444 in the nearest county in which a newspaper is published.
445 Section 4. Section 50.051, Florida Statutes, is amended to
446 read:
447 50.051 Proof of publication; form of uniform affidavit.—The
448 printed form upon which all such affidavits establishing proof
449 of publication in a newspaper are to be executed shall be
450 substantially as follows:
451
452 NAME OF NEWSPAPER
453 Published (Weekly or Daily)
454 (Town or City) (County) FLORIDA
455
456 STATE OF FLORIDA
457
458 COUNTY OF ....:
459 Before the undersigned authority personally appeared ....,
460 who on oath says that he or she is .... of the ...., a ....
461 newspaper published at .... in .... County, Florida; that the
462 attached copy of advertisement, being a .... in the matter of
463 .... in the .... Court, was published in said newspaper in the
464 issues of .....
465 Affiant further says that the said .... is a newspaper
466 published at ...., in said .... County, Florida, and that the
467 said newspaper has heretofore been continuously published in
468 said .... County, Florida, each .... and has been entered as
469 periodicals matter at the post office in ...., in said ....
470 County, Florida, for a period of 1 year next preceding the first
471 publication of the attached copy of advertisement; and affiant
472 further says that he or she has neither paid nor promised any
473 person, firm or corporation any discount, rebate, commission or
474 refund for the purpose of securing this advertisement for
475 publication in the said newspaper.
476
477 Sworn to and subscribed before me this .... day of ....,
478 ...(year)..., by ...., who is personally known to me or who has
479 produced (type of identification) as identification.
480
481
482 ...(Signature of Notary Public)...
483
484 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
485
486 ...(Notary Public)...
487 Section 5. Subsection (4) of section 50.061, Florida
488 Statutes, is amended to read:
489 50.061 Amounts chargeable.—
490 (4) All official public notices and legal advertisements
491 published in a newspaper shall be charged and paid for on the
492 basis of 6-point type on 6-point body, unless otherwise
493 specified by statute.
494 Section 6. Section 100.342, Florida Statutes, is amended to
495 read:
496 100.342 Notice of special election or referendum.—In any
497 special election or referendum not otherwise provided for there
498 shall be at least 30 days’ notice of the election or referendum
499 by publication in a newspaper of general circulation in the
500 county, district, or municipality, as the case may be, or
501 publication on a publicly accessible website maintained by the
502 entity responsible for publication and published daily during
503 the 5 weeks immediately preceding the election or referendum. If
504 advertised in the newspaper, the publication shall be made at
505 least twice, once in the fifth week and once in the third week
506 prior to the week in which the election or referendum is to be
507 held. If there is no newspaper of general circulation in the
508 county, district, or municipality and publication is not made on
509 a publicly accessible website maintained by the entity
510 responsible for publication, the notice shall be posted in no
511 fewer less than five places within the territorial limits of the
512 county, district, or municipality.
513 Section 7. Subsection (17) of section 125.012, Florida
514 Statutes, is amended to read:
515 125.012 Project facilities; general powers and duties.—Any
516 county and the board of county commissioners thereof shall have
517 the power, in addition to the powers otherwise conferred:
518 (17) To grant exclusive or nonexclusive franchises to
519 persons, firms, or corporations for the operating of
520 restaurants, cafeterias, bars, taxicabs, vending machines, and
521 other concessions of a nonaeronautical nature in, on, and in
522 connection with any project owned and operated by the county.
523 However, no exclusive franchise shall be so granted unless the
524 board of county commissioners of such county shall award such
525 franchise following receipt of sealed competitive bids in the
526 manner prescribed by law, or cause to be published on a publicly
527 accessible website maintained by the county or in a newspaper of
528 general circulation in the county notice of the fact that it
529 intends to grant such exclusive franchise and will at a time
530 certain to be fixed in such notice, not less than 30 days after
531 the publication of the notice, enter into negotiations with any
532 interested parties as to the terms, conditions, and provisions
533 of any such exclusive franchise. Such negotiations with any
534 interested parties as to the terms, conditions, and provisions
535 of any such exclusive franchise are to continue for a period of
536 not less than 10 days before such exclusive franchise is
537 granted.
538 Section 8. Paragraph (c) of subsection (1) of section
539 125.35, Florida Statutes, is amended to read:
540 125.35 County authorized to sell real and personal property
541 and to lease real property.—
542 (1)
543 (c) No sale of any real property shall be made unless
544 notice thereof is published once a week for at least 2 weeks in
545 some newspaper of general circulation published in the county or
546 published daily during the 2 weeks preceding the sale of any
547 real property on a publicly accessible website maintained by the
548 county, calling for bids for the purchase of the real estate so
549 advertised to be sold. In the case of a sale, the bid of the
550 highest bidder complying with the terms and conditions set forth
551 in such notice shall be accepted, unless the board of county
552 commissioners rejects all bids because they are too low. The
553 board of county commissioners may require a deposit to be made
554 or a surety bond to be given, in such form or in such amount as
555 the board determines, with each bid submitted.
556 Section 9. Paragraph (a) of subsection (2) and paragraph
557 (b) of subsection (4) of section 125.66, Florida Statutes, are
558 amended to read:
559 125.66 Ordinances; enactment procedure; emergency
560 ordinances; rezoning or change of land use ordinances or
561 resolutions.—
562 (2)(a) The regular enactment procedure shall be as follows:
563 The board of county commissioners at any regular or special
564 meeting may enact or amend any ordinance, except as provided in
565 subsection (4), if notice of intent to consider such ordinance
566 is given at least 10 days before the prior to said meeting on a
567 publicly accessible website maintained by the county or by
568 publication in a newspaper of general circulation in the county.
569 If advertised on a publicly accessible website, the
570 advertisement shall be published daily during the 10 days
571 immediately preceding the meeting. A copy of such notice shall
572 be kept available for public inspection during the regular
573 business hours of the office of the clerk of the board of county
574 commissioners. The notice of proposed enactment shall state the
575 date, time, and place of the meeting; the title or titles of
576 proposed ordinances; and the place or places within the county
577 where such proposed ordinances may be inspected by the public.
578 The notice shall also advise that interested parties may appear
579 at the meeting and be heard with respect to the proposed
580 ordinance.
581 (4) Ordinances or resolutions, initiated by other than the
582 county, that change the actual zoning map designation of a
583 parcel or parcels of land shall be enacted pursuant to
584 subsection (2). Ordinances or resolutions that change the actual
585 list of permitted, conditional, or prohibited uses within a
586 zoning category, or ordinances or resolutions initiated by the
587 county that change the actual zoning map designation of a parcel
588 or parcels of land shall be enacted pursuant to the following
589 procedure:
590 (b) In cases in which the proposed ordinance or resolution
591 changes the actual list of permitted, conditional, or prohibited
592 uses within a zoning category, or changes the actual zoning map
593 designation of a parcel or parcels of land involving 10
594 contiguous acres or more, the board of county commissioners
595 shall provide for public notice and hearings as follows:
596 1. The board of county commissioners shall hold two
597 advertised public hearings on the proposed ordinance or
598 resolution. At least one hearing shall be held after 5 p.m. on a
599 weekday, unless the board of county commissioners, by a majority
600 plus one vote, elects to conduct that hearing at another time of
601 day. The first public hearing shall be held at least 7 days
602 after the day that the first advertisement is published. The
603 second hearing shall be held at least 10 days after the first
604 hearing and shall be advertised at least 5 days prior to the
605 public hearing.
606 2. The required newspaper advertisements shall be no less
607 than 2 columns wide by 10 inches long in a standard size or a
608 tabloid size newspaper, and the headline in the advertisement
609 shall be in a type no smaller than 18 point. The newspaper
610 advertisement shall not be placed in that portion of the
611 newspaper where legal notices and classified advertisements
612 appear. The newspaper advertisement shall be placed in a
613 newspaper of general paid circulation in the county and of
614 general interest and readership in the community pursuant to
615 chapter 50, not one of limited subject matter. It is the
616 legislative intent that, whenever possible, the newspaper
617 advertisement shall appear in a newspaper that is published at
618 least 5 days a week unless the only newspaper in the community
619 is published less than 5 days a week. The newspaper
620 advertisement shall be in substantially the following form:
621
622 NOTICE OF (TYPE OF) CHANGE
623
624 The ...(name of local governmental unit)... proposes to
625 adopt the following by ordinance or resolution:...(title of
626 ordinance or resolution)....
627 A public hearing on the ordinance or resolution will be
628 held on ...(date and time)... at ...(meeting place)....
629
630 Except for amendments which change the actual list of permitted,
631 conditional, or prohibited uses within a zoning category, the
632 advertisement shall contain a geographic location map which
633 clearly indicates the area within the local government covered
634 by the proposed ordinance or resolution. The map shall include
635 major street names as a means of identification of the general
636 area.
637 3. In lieu of publishing the advertisements set out in this
638 paragraph, the board of county commissioners may mail a notice
639 to each person owning real property within the area covered by
640 the ordinance or resolution. Such notice shall clearly explain
641 the proposed ordinance or resolution and shall notify the person
642 of the time, place, and location of both public hearings on the
643 proposed ordinance or resolution.
644 Section 10. Paragraph (b) of subsection (3) of section
645 129.03, Florida Statutes, is amended to read:
646 129.03 Preparation and adoption of budget.—
647 (3) No later than 15 days after certification of value by
648 the property appraiser pursuant to s. 200.065(1), the county
649 budget officer, after tentatively ascertaining the proposed
650 fiscal policies of the board for the ensuing fiscal year, shall
651 prepare and present to the board a tentative budget for the
652 ensuing fiscal year for each of the funds provided in this
653 chapter, including all estimated receipts, taxes to be levied,
654 and balances expected to be brought forward and all estimated
655 expenditures, reserves, and balances to be carried over at the
656 end of the year.
657 (b) Upon receipt of the tentative budgets and completion of
658 any revisions made by the board, the board shall prepare a
659 statement summarizing all of the adopted tentative budgets. This
660 summary statement shall show, for each budget and the total of
661 all budgets, the proposed tax millages, the balances, the
662 reserves, and the total of each major classification of receipts
663 and expenditures, classified according to the classification of
664 accounts prescribed by the appropriate state agency. The board
665 shall cause this summary statement to be advertised one time in
666 a newspaper of general circulation published in the county, on a
667 publicly accessible website maintained by the county, or by
668 posting at the courthouse door if there is no such newspaper or
669 website, and the advertisement shall appear adjacent to the
670 advertisement required pursuant to s. 200.065.
671 Section 11. Paragraph (f) of subsection (2) of section
672 129.06, Florida Statutes, is amended to read:
673 129.06 Execution and amendment of budget.—
674 (2) The board at any time within a fiscal year may amend a
675 budget for that year, and may within the first 60 days of a
676 fiscal year amend the budget for the prior fiscal year, as
677 follows:
678 (f) If an amendment to a budget is required for a purpose
679 not specifically authorized in paragraphs (a)-(e), unless
680 otherwise prohibited by law, the amendment may be authorized by
681 resolution or ordinance of the board of county commissioners
682 adopted following a public hearing. The public hearing must be
683 advertised at least 2 days, but not more than 5 days, before the
684 date of the hearing. The advertisement must appear on a publicly
685 accessible website maintained by the county or in a newspaper of
686 paid general circulation and must identify the name of the
687 taxing authority, the date, place, and time of the hearing, and
688 the purpose of the hearing. If advertised in the newspaper, the
689 public hearing must be advertised at least 2 days, but not more
690 than 5 days, before the date of the hearing. If advertised on a
691 publicly accessible website, the notice must be published daily
692 during the 5 days immediately preceding the hearing. The
693 advertisement must also identify each budgetary fund to be
694 amended, the source of the funds, the use of the funds, and the
695 total amount of each budget.
696 Section 12. Section 138.12, Florida Statutes, is amended to
697 read:
698 138.12 Commissioners may expand county seat.—The board of
699 county commissioners of any county may expand the geographical
700 area of the county seat of its county beyond the corporate
701 limits of the municipality named as the county seat by adopting
702 a resolution to that effect at any regular or special meeting of
703 the board. Such a resolution may be adopted only after the board
704 has held not less than two public hearings on the proposal at
705 intervals of not less than 10 or more than 20 days and after
706 notice of the proposal and such meetings has been published on a
707 publicly accessible website maintained by the county or in a
708 newspaper of general circulation in the county. However, nothing
709 herein shall be deemed to extend the boundaries of the
710 municipality in which the county seat was previously located or
711 annex to such municipality the territory added to the county
712 seat.
713 Section 13. Paragraph (d) of subsection (2) of section
714 153.53, Florida Statutes, is amended to read:
715 153.53 Establishment of districts in unincorporated areas.—
716 (2)
717 (d) Within 30 days after the petition is received by the
718 property appraiser, said property appraiser shall determine
719 whether such petition has been duly signed by the requisite
720 number of property owners within the boundaries of the proposed
721 district. If there is a sufficient number of valid signatures,
722 the property appraiser shall forthwith deliver said petition to
723 the board of county commissioners who shall within 60 days hold
724 an election to determine if the district shall be created. The
725 board of county commissioners shall have notice of such election
726 published once a week for 4 successive weeks in a newspaper of
727 general circulation within the area of the proposed district or
728 daily during the 4 successive weeks immediately preceding the
729 election on a publicly accessible website maintained by the
730 county. Said notice shall describe the purpose for which the
731 district is to be established and the territory proposed to be
732 included in the said district. If there is no such newspaper or
733 website, then notice may be posted on the courthouse door and in
734 five conspicuous places within the proposed district.
735 Section 14. Subsection (1) of section 153.55, Florida
736 Statutes, is amended to read:
737 153.55 Public hearing upon report of county commissioners
738 and creation of district; findings of board of county
739 commissioners.—
740 (1) Upon submission of any such report the board of county
741 commissioners shall hold a public hearing upon such report and
742 the question of the creation of such district, giving at least
743 20 days’ notice of such hearing by advertisement in a newspaper
744 published in the county and circulating in the area of the
745 proposed district, by daily publication during the 20 days
746 immediately preceding the hearing on a publicly accessible
747 website maintained by the county, or by posting as provided in
748 s. 153.56 if no such newspaper or website is be published.
749 Section 15. Section 153.79, Florida Statutes, is amended to
750 read:
751 153.79 Contracts for construction of improvements, sealed
752 bids.—All contracts let, awarded, or entered into by the
753 district for the construction, reconstruction, or acquisition or
754 improvement of a water system or a sewer system or both or any
755 part thereof, if the amount thereof shall exceed $1,000, shall
756 be awarded only after public advertisement and call for sealed
757 bids therefor on a publicly accessible website maintained by the
758 county or, in a newspaper published in the county circulating in
759 the district, or, if there is be no such website or newspaper,
760 then in a newspaper published in the state and circulating in
761 the district. If advertised in the newspaper, such advertisement
762 shall to be published at least once at least 3 weeks before the
763 date set for the receipt of such bids. If advertised on a
764 publicly accessible website, such advertisement shall be
765 published daily during the 3 weeks immediately preceding the
766 date set for the receipt of such bids. Such advertisements for
767 bids in addition to the other necessary and pertinent matter
768 shall state in general terms the nature and description of the
769 improvement or improvements to be undertaken and shall state
770 that detailed plans and specifications for such work are on file
771 for inspection in the office of the district clerk and copies
772 thereof shall be furnished to any interested party upon payment
773 of reasonable charges to reimburse the district for its expenses
774 in providing such copies. The award shall be made to the
775 responsible and competent bidder or bidders who shall offer to
776 undertake the improvements at the lowest cost to the district
777 and such bidder or bidders shall be required to file bond for
778 the full and faithful performance of such work and the execution
779 of any such contract in such amount as the district board shall
780 determine, and in all other respects the letting of such
781 construction contracts shall comply with applicable provisions
782 of the general laws relating to the letting of public contracts.
783 Nothing in this section shall be deemed to prevent the district
784 from hiring or retaining such consulting engineers, attorneys,
785 financial experts or other technicians as it shall determine, in
786 its discretion, or from undertaking any construction work with
787 its own resources, without any such public advertisement.
788 Section 16. Section 157.03, Florida Statutes, is amended to
789 read:
790 157.03 Commissioners to appoint committee; report of plans
791 and estimate; letting contract; right-of-way for drains.—When
792 the county commissioners shall order that such ditch, drain, or
793 canal, shall be established, they shall appoint a committee of
794 three disinterested freeholders who are citizens of the county,
795 who may employ a surveyor, and shall cause an accurate survey to
796 be made of the proposed ditch, drain, or canal, and shall
797 establish the commencement, route, and terminus of said ditch,
798 drain, or canal, the width, length, and depth thereof, and shall
799 make and present to the county commissioners, at their next
800 regular meeting, or at a meeting as soon thereafter as
801 practicable, plans, specifications, and profiles for said
802 construction, together with an estimate of the approximate cost
803 of said ditch, drain, or canal, and the annual cost of its
804 maintenance, and upon this report of the said committee, the
805 board of county commissioners shall advertise once a week for 3
806 weeks, in a newspaper published in the said county or daily for
807 3 weeks on a publicly accessible website maintained by the
808 county, for bids for the construction of said ditch, drain, or
809 canal, and the same shall be given to the lowest responsible
810 bidder; provided, the board of county commissioners may, if they
811 deem it for the best interest of all concerned, reject all bids;
812 and in case said bids are rejected they may advertise for
813 further bids. Whenever the survey for any proposed ditch, drain,
814 or canal, shall run through the lands of anyone who shall object
815 thereto, the board of county commissioners may proceed to
816 condemn the right-of-way for such ditch, drain, or canal, and
817 pay therefor out of the funds arising from the levy and
818 assessments hereinafter provided for.
819 Section 17. Section 157.21, Florida Statutes, is amended to
820 read:
821 157.21 Enlargement of drains; appointment of committee;
822 report to commissioners; letting contract; contractor’s bond;
823 payments; assessment.—Whenever the board of county commissioners
824 shall have determined upon a petition, filed as provided in s.
825 157.16, to enlarge or deepen any drain, they shall appoint a
826 committee of the three competent and disinterested persons who
827 are citizens of the county, who shall cause an accurate survey
828 to be made of the proposed work, and shall establish the depth
829 or width to which the same shall be deepened and shall make and
830 present to the county commissioners at their next regular
831 meeting, an estimate of the cost of said work, and upon the
832 report of said committee to them, said county commissioners
833 shall advertise not less than 2 weeks in a newspaper published
834 in the county or daily for 2 weeks on a publicly accessible
835 website maintained by the county, for bids on said work, to be
836 given to the lowest responsible bidder, with the privilege of
837 rejecting all bids that may be offered, should the same be
838 considered unreasonable; and in case the said bids are rejected,
839 they may again advertise for further bids. The said board of
840 county commissioners shall require of the person whose bid is
841 accepted for said work a good and sufficient bond for the
842 faithful performance of said contract, which said work shall be
843 done under the supervision of the committee appointed as
844 aforesaid. When the work shall be completed the committee shall
845 certify the same to the board of county commissioners who shall
846 also inspect such work before final payment is made to the
847 contractor, and such confirmation with the report of the
848 committee that the work has been done according to contract,
849 shall be made a matter of record; provided, that nothing in this
850 chapter shall prevent the county commissioners from making
851 payments in installments during the progress of the work, if
852 deemed expedient. Before letting such contract, the committee
853 appointed by the commissioners shall view the lands to be
854 benefited by the enlargement or deepening of said drain or
855 auxiliary and assess each parcel according and in proportion as
856 each shall be benefited, both those lands lying immediately
857 along such ditch, drain, or canal, and those adjacent thereto,
858 for all the expenses that may be incurred in the enlarging or
859 deepening of said drain and keeping the same in repair from year
860 to year, and shall file a report of the same with the board of
861 county commissioners, which said report shall show the several
862 tracts of lands assessed and the names of the owners thereof,
863 and the amounts assessed against each tract; provided, however,
864 that if the owners of any tract cannot be ascertained by
865 diligent inquiry, said tract shall be assessed as unknown.
866 Section 18. Section 157.28, Florida Statutes, is amended to
867 read:
868 157.28 Awarding contracts for repair; approval.—If the
869 estimated cost of repairing any such ditch, drain, or canal
870 shall not exceed the sum of $100, the board of county
871 commissioners shall have full power to have the same done in
872 such manner as said board may see fit; but if such estimated
873 cost shall exceed $100, then the contract shall be let to the
874 lowest responsible bidder after advertising for bids at least
875 once each week for 2 consecutive weeks in some newspaper
876 published in the county or advertising daily for 2 consecutive
877 weeks on a publicly accessible website maintained by the county,
878 or by posting in five conspicuous places in the commissioners’
879 district in which such ditch, drain, or canal shall be located,
880 and all work done shall be subject to the approval and
881 acceptance of the board of county commissioners.
882 Section 19. Section 159.32, Florida Statutes, is amended to
883 read:
884 159.32 Construction contracts.—Contracts for the
885 construction of the project may be awarded by the local agency
886 in such manner as in its judgment will best promote free and
887 open competition, including advertisement for competitive bids
888 in a newspaper of general circulation within the boundaries of
889 the local agency or on a publicly accessible website maintained
890 by the local agency responsible for publication; however, if the
891 local agency shall determine that the purposes of this part will
892 be more effectively served, the local agency in its discretion
893 may award or cause to be awarded contracts for the construction
894 of any project, or any part thereof, upon a negotiated basis as
895 determined by the local agency. The local agency shall prescribe
896 bid security requirements and other procedures in connection
897 with the award of such contracts as in its judgment shall
898 protect the public interest. The local agency may by written
899 contract engage the services of the lessee, purchaser, or
900 prospective lessee or purchaser of any project in the
901 construction of the project and may provide in the contract that
902 the lessee, purchaser, or prospective lessee or purchaser may
903 act as an agent of, or an independent contractor for, the local
904 agency for the performance of the functions described therein,
905 subject to such conditions and requirements consistent with the
906 provisions of this part as shall be prescribed in the contract,
907 including functions such as the acquisition of the site and
908 other real property for the project; the preparation of plans,
909 specifications, and contract documents; the award of
910 construction and other contracts upon a competitive or
911 negotiated basis; the construction of the project, or any part
912 thereof, directly by the lessee, purchaser, or prospective
913 lessee or purchaser; the inspection and supervision of
914 construction; the employment of engineers, architects, builders,
915 and other contractors; and the provision of money to pay the
916 cost thereof pending reimbursement by the local agency. Any such
917 contract may provide that the local agency may, out of proceeds
918 of bonds, make advances to or reimburse the lessee, purchaser,
919 or prospective lessee or purchaser for its costs incurred in the
920 performance of those functions, and shall set forth the
921 supporting documents required to be submitted to the local
922 agency and the reviews, examinations, and audits that shall be
923 required in connection therewith to assure compliance with the
924 provisions of this part and the contract.
925 Section 20. Paragraph (a) of subsection (2) of section
926 162.12, Florida Statutes, is amended to read:
927 162.12 Notices.—
928 (2) In addition to providing notice as set forth in
929 subsection (1), at the option of the code enforcement board,
930 notice may also be served by publication or posting, as follows:
931 (a)1. Such notice shall be published once during each week
932 for 4 consecutive weeks (four publications being sufficient) in
933 a newspaper of general circulation in the county where the code
934 enforcement board is located or daily during the 4 weeks
935 immediately preceding the hearing on a publicly accessible
936 website maintained by the local government. The website and
937 newspaper shall meet such requirements as are prescribed under
938 chapter 50 for legal and official advertisements.
939 2. Proof of newspaper publication shall be made as provided
940 in ss. 50.041 and 50.051.
941
942 Evidence that an attempt has been made to hand deliver or mail
943 notice as provided in subsection (1), together with proof of
944 publication or posting as provided in subsection (2), shall be
945 sufficient to show that the notice requirements of this part
946 have been met, without regard to whether or not the alleged
947 violator actually received such notice.
948 Section 21. Paragraph (b) of subsection (15) and paragraph
949 (c) of subsection (16) of section 163.3184, Florida Statutes,
950 are amended to read:
951 163.3184 Process for adoption of comprehensive plan or plan
952 amendment.—
953 (15) PUBLIC HEARINGS.—
954 (b) The local governing body shall hold at least two
955 advertised public hearings on the proposed comprehensive plan or
956 plan amendment as follows:
957 1. The first public hearing shall be held at the
958 transmittal stage pursuant to subsection (3). It shall be held
959 on a weekday at least 7 days after the day that the first
960 advertisement is published or after the notice of the first
961 public hearing is initially published on the publicly accessible
962 website.
963 2. The second public hearing shall be held at the adoption
964 stage pursuant to subsection (7). It shall be held on a weekday
965 at least 5 days after the day that the second advertisement is
966 published or after the notice of the second public hearing is
967 initially published on the publicly accessible website.
968 (16) COMPLIANCE AGREEMENTS.—
969 (c) Before Prior to its execution of a compliance
970 agreement, the local government must approve the compliance
971 agreement at a public hearing advertised at least 10 days before
972 the public hearing in a newspaper of general circulation in the
973 area or daily during the 10 days immediately preceding the
974 hearing on a publicly accessible website maintained by the local
975 government in accordance with the advertisement requirements of
976 subsection (15).
977 Section 22. Paragraph (a) of subsection (2) of section
978 163.3225, Florida Statutes, is amended to read:
979 163.3225 Public hearings.—
980 (2)(a) Notice of intent to consider a development agreement
981 shall be advertised approximately 7 days before each public
982 hearing in a newspaper of general circulation and readership in
983 the county where the local government is located or advertised
984 daily during the 7 days immediately preceding the hearing on a
985 publicly accessible website maintained by the local government.
986 Notice of intent to consider a development agreement shall also
987 be mailed to all affected property owners before the first
988 public hearing. The day, time, and place at which the second
989 public hearing will be held shall be announced at the first
990 public hearing.
991 Section 23. Paragraph (c) of subsection (3) of section
992 163.356, Florida Statutes, is amended to read:
993 163.356 Creation of community redevelopment agency.—
994 (3)
995 (c) The governing body of the county or municipality shall
996 designate a chair and vice chair from among the commissioners.
997 An agency may employ an executive director, technical experts,
998 and such other agents and employees, permanent and temporary, as
999 it requires, and determine their qualifications, duties, and
1000 compensation. For such legal service as it requires, an agency
1001 may employ or retain its own counsel and legal staff. An agency
1002 authorized to transact business and exercise powers under this
1003 part shall file with the governing body, on or before March 31
1004 of each year, a report of its activities for the preceding
1005 fiscal year, which report shall include a complete financial
1006 statement setting forth its assets, liabilities, income, and
1007 operating expenses as of the end of such fiscal year. At the
1008 time of filing the report, the agency shall publish on a
1009 publicly accessible website maintained by the agency or in a
1010 newspaper of general circulation in the community a notice to
1011 the effect that such report has been filed with the county or
1012 municipality and that the report is available for inspection
1013 during business hours in the office of the clerk of the city or
1014 county commission and in the office of the agency.
1015 Section 24. Paragraph (a) of subsection (6) of section
1016 163.360, Florida Statutes, is amended to read:
1017 163.360 Community redevelopment plans.—
1018 (6)(a) The governing body shall hold a public hearing on a
1019 community redevelopment plan after public notice thereof by
1020 posting on a publicly accessible website maintained by the local
1021 government responsible for publication or by publication in a
1022 newspaper having a general circulation in the area of operation
1023 of the county or municipality. The notice shall describe the
1024 time, date, place, and purpose of the hearing, identify
1025 generally the community redevelopment area covered by the plan,
1026 and outline the general scope of the community redevelopment
1027 plan under consideration.
1028 Section 25. Subsection (2) of section 163.361, Florida
1029 Statutes, is amended to read:
1030 163.361 Modification of community redevelopment plans.—
1031 (2) The governing body shall hold a public hearing on a
1032 proposed modification of any community redevelopment plan after
1033 public notice thereof on a publicly accessible website
1034 maintained by the local government responsible for publication
1035 or by publication in a newspaper having a general circulation in
1036 the area of operation of the agency.
1037 Section 26. Paragraph (a) of subsection (3) of section
1038 163.380, Florida Statutes, is amended to read:
1039 163.380 Disposal of property in community redevelopment
1040 area.—The disposal of property in a community redevelopment area
1041 which is acquired by eminent domain is subject to the
1042 limitations set forth in s. 73.013.
1043 (3)(a) Before Prior to disposition of any real property or
1044 interest therein in a community redevelopment area, any county,
1045 municipality, or community redevelopment agency shall give
1046 public notice of such disposition by publication in a newspaper
1047 having a general circulation in the community or on a publicly
1048 accessible website maintained by the entity responsible for
1049 publication, at least 30 days before prior to the execution of
1050 any contract to sell, lease, or otherwise transfer real property
1051 and, before prior to the delivery of any instrument of
1052 conveyance with respect thereto under the provisions of this
1053 section, invite proposals from, and make all pertinent
1054 information available to, private redevelopers or any persons
1055 interested in undertaking to redevelop or rehabilitate a
1056 community redevelopment area or any part thereof. Such notice
1057 shall identify the area or portion thereof and shall state that
1058 proposals must be made by those interested within 30 days after
1059 the date of publication of the notice and that such further
1060 information as is available may be obtained at such office as is
1061 designated in the notice. The county, municipality, or community
1062 redevelopment agency shall consider all such redevelopment or
1063 rehabilitation proposals and the financial and legal ability of
1064 the persons making such proposals to carry them out; and the
1065 county, municipality, or community redevelopment agency may
1066 negotiate with any persons for proposals for the purchase,
1067 lease, or other transfer of any real property acquired by it in
1068 the community redevelopment area. The county, municipality, or
1069 community redevelopment agency may accept such proposal as it
1070 deems to be in the public interest and in furtherance of the
1071 purposes of this part. Except in the case of a governing body
1072 acting as the agency, as provided in s. 163.357, a notification
1073 of intention to accept such proposal must be filed with the
1074 governing body not less than 30 days before prior to any such
1075 acceptance. Thereafter, the county, municipality, or community
1076 redevelopment agency may execute such contract in accordance
1077 with the provisions of subsection (1) and deliver deeds, leases,
1078 and other instruments and take all steps necessary to effectuate
1079 such contract.
1080 Section 27. Paragraph (b) of subsection (1) and paragraph
1081 (d) of subsection (2) of section 163.387, Florida Statutes, are
1082 amended to read:
1083 163.387 Redevelopment trust fund.—
1084 (1)
1085 (b)1. For any governing body that has not authorized by
1086 June 5, 2006, a study to consider whether a finding of necessity
1087 resolution pursuant to s. 163.355 should be adopted, has not
1088 adopted a finding of necessity resolution pursuant to s. 163.355
1089 by March 31, 2007, has not adopted a community redevelopment
1090 plan by June 7, 2007, and was not authorized to exercise
1091 community redevelopment powers pursuant to a delegation of
1092 authority under s. 163.410 by a county that has adopted a home
1093 rule charter, the amount of tax increment to be contributed by
1094 any taxing authority shall be limited as follows:
1095 a. If a taxing authority imposes a millage rate that
1096 exceeds the millage rate imposed by the governing body that
1097 created the trust fund, the amount of tax increment to be
1098 contributed by the taxing authority imposing the higher millage
1099 rate shall be calculated using the millage rate imposed by the
1100 governing body that created the trust fund. Nothing shall
1101 prohibit any taxing authority from voluntarily contributing a
1102 tax increment at a higher rate for a period of time as specified
1103 by interlocal agreement between the taxing authority and the
1104 community redevelopment agency.
1105 b. At any time more than 24 years after the fiscal year in
1106 which a taxing authority made its first contribution to a
1107 redevelopment trust fund, by resolution effective no sooner than
1108 the next fiscal year and adopted by majority vote of the taxing
1109 authority’s governing body at a public hearing held not less
1110 than 30 or more than 45 days after written notice by registered
1111 mail to the community redevelopment agency and published on a
1112 publicly accessible website maintained by the entity responsible
1113 for publication or in a newspaper of general circulation in the
1114 redevelopment area, the taxing authority may limit the amount of
1115 increment contributed by the taxing authority to the
1116 redevelopment trust fund to the amount of increment the taxing
1117 authority was obligated to contribute to the redevelopment trust
1118 fund in the fiscal year immediately preceding the adoption of
1119 such resolution, plus any increase in the increment after the
1120 adoption of the resolution computed using the taxable values of
1121 any area which is subject to an area reinvestment agreement. As
1122 used in this subparagraph, the term “area reinvestment
1123 agreement” means an agreement between the community
1124 redevelopment agency and a private party, with or without
1125 additional parties, which provides that the increment computed
1126 for a specific area shall be reinvested in services or public or
1127 private projects, or both, including debt service, supporting
1128 one or more projects consistent with the community redevelopment
1129 plan that is identified in the agreement to be constructed
1130 within that area. Any such reinvestment agreement must specify
1131 the estimated total amount of public investment necessary to
1132 provide the projects or services, or both, including any
1133 applicable debt service. The contribution to the redevelopment
1134 trust fund of the increase in the increment of any area that is
1135 subject to an area reinvestment agreement following the passage
1136 of a resolution as provided in this sub-subparagraph shall cease
1137 when the amount specified in the area reinvestment agreement as
1138 necessary to provide the projects or services, or both,
1139 including any applicable debt service, has been invested.
1140 2. For any community redevelopment agency that was not
1141 created pursuant to a delegation of authority under s. 163.410
1142 by a county that has adopted a home rule charter and that
1143 modifies its adopted community redevelopment plan after October
1144 1, 2006, in a manner that expands the boundaries of the
1145 redevelopment area, the amount of increment to be contributed by
1146 any taxing authority with respect to the expanded area shall be
1147 limited as set forth in sub-subparagraphs 1.a. and b.
1148 (2)
1149 (d)1. A local governing body that creates a community
1150 redevelopment agency under s. 163.356 may exempt from paragraph
1151 (a) a special district that levies ad valorem taxes within that
1152 community redevelopment area. The local governing body may grant
1153 the exemption either in its sole discretion or in response to
1154 the request of the special district. The local governing body
1155 must establish procedures by which a special district may submit
1156 a written request to be exempted from paragraph (a).
1157 2. In deciding whether to deny or grant a special
1158 district’s request for exemption from paragraph (a), the local
1159 governing body must consider:
1160 a. Any additional revenue sources of the community
1161 redevelopment agency which could be used in lieu of the special
1162 district’s tax increment.
1163 b. The fiscal and operational impact on the community
1164 redevelopment agency.
1165 c. The fiscal and operational impact on the special
1166 district.
1167 d. The benefit to the specific purpose for which the
1168 special district was created. The benefit to the special
1169 district must be based on specific projects contained in the
1170 approved community redevelopment plan for the designated
1171 community redevelopment area.
1172 e. The impact of the exemption on incurred debt and whether
1173 such exemption will impair any outstanding bonds that have
1174 pledged tax increment revenues to the repayment of the bonds.
1175 f. The benefit of the activities of the special district to
1176 the approved community redevelopment plan.
1177 g. The benefit of the activities of the special district to
1178 the area of operation of the local governing body that created
1179 the community redevelopment agency.
1180 3. The local governing body must hold a public hearing on a
1181 special district’s request for exemption after public notice of
1182 the hearing is published on a publicly accessible website
1183 maintained by the local governing body or in a newspaper having
1184 a general circulation in the county or municipality that created
1185 the community redevelopment area. The notice must describe the
1186 time, date, place, and purpose of the hearing and must identify
1187 generally the community redevelopment area covered by the plan
1188 and the impact of the plan on the special district that
1189 requested the exemption.
1190 4. If a local governing body grants an exemption to a
1191 special district under this paragraph, the local governing body
1192 and the special district must enter into an interlocal agreement
1193 that establishes the conditions of the exemption, including, but
1194 not limited to, the period of time for which the exemption is
1195 granted.
1196 5. If a local governing body denies a request for exemption
1197 by a special district, the local governing body shall provide
1198 the special district with a written analysis specifying the
1199 rationale for such denial. This written analysis must include,
1200 but is not limited to, the following information:
1201 a. A separate, detailed examination of each consideration
1202 listed in subparagraph 2.
1203 b. Specific examples of how the approved community
1204 redevelopment plan will benefit, and has already benefited, the
1205 purpose for which the special district was created.
1206 6. The decision to either deny or grant an exemption must
1207 be made by the local governing body within 120 days after the
1208 date the written request was submitted to the local governing
1209 body pursuant to the procedures established by such local
1210 governing body.
1211 Section 28. Paragraph (c) of subsection (3) and paragraph
1212 (c) of subsection (4) of section 163.511, Florida Statutes, are
1213 amended to read:
1214 163.511 Special neighborhood improvement districts;
1215 creation; referendum; board of directors; duration; extension.—
1216 (3)
1217 (c) Within 45 days from compilation of the voter
1218 registration list pursuant to paragraph (b), the city clerk or
1219 the supervisor of elections shall notify each such elector of
1220 the general provisions of this section, including the taxing
1221 authority and the date of the upcoming referendum. Notification
1222 shall be by United States mail and, in addition thereto, by
1223 publication one time in a newspaper of general circulation in
1224 the county or municipality in which the district is located or
1225 on a publicly accessible website maintained by the entity
1226 responsible for such publication.
1227 (4)
1228 (c) Within 45 days from compilation of the freeholders’
1229 registration list pursuant to paragraph (b), the city clerk or
1230 the supervisor of elections shall notify each such freeholder of
1231 the general provisions of this section, including the taxing
1232 authority and the date of the upcoming referendum, and the
1233 method provided for submitting corrections to the registration
1234 list should the status of the freeholder have changed since the
1235 compilation of the tax rolls. Notification shall be by United
1236 States mail and, in addition thereto, by publication one time in
1237 a newspaper of general circulation in the county or municipality
1238 in which the district is located or on a publicly accessible
1239 website maintained by the entity responsible for such
1240 publication.
1241 Section 29. Paragraph (b) of subsection (16) of section
1242 163.514, Florida Statutes, is amended to read:
1243 163.514 Powers of neighborhood improvement districts.
1244 Unless prohibited by ordinance, the board of any district shall
1245 be empowered to:
1246 (16)
1247 (b) In order to implement this subsection, the city clerk
1248 or the supervisor of elections, whichever is appropriate, shall
1249 compile a list of the names and last known addresses of the
1250 electors in the neighborhood improvement district from the list
1251 of registered voters of the county as of the last day of the
1252 preceding month. The same shall constitute the registration list
1253 for the purposes of a referendum. Within 45 days after
1254 compilation of the voter registration list, the city clerk or
1255 the supervisor of elections shall notify each elector of the
1256 general provisions of this section, including the taxing
1257 authority and the date of the upcoming referendum. Notification
1258 shall be by United States mail and, in addition thereto, by
1259 publication one time in a newspaper of general circulation in
1260 the county or municipality in which the district is located or
1261 on a publicly accessible website maintained by the county or
1262 municipality responsible for such publication.
1263 Section 30. Subsections (5) and (7) of section 163.516,
1264 Florida Statutes, are amended to read:
1265 163.516 Safe neighborhood improvement plans.—
1266 (5) Before Prior to adoption of the safe neighborhood
1267 improvement plan, the board shall hold a public hearing on the
1268 plan after public notice thereof by publication in a newspaper
1269 of general circulation in the county or municipality in which
1270 the district is located or on a publicly accessible website
1271 maintained by the entity responsible for such publication. The
1272 notice shall describe the time, date, place, and purpose of the
1273 hearing; identify the boundaries of the district; and outline
1274 the general scope of the plan.
1275 (7) If, at any time after approval of the safe neighborhood
1276 improvement plan, it becomes desirable to amend or modify the
1277 plan, the board may do so. Before Prior to any such amendment or
1278 modification, the board shall obtain written approval of the
1279 local governing body concerning conformity to the local
1280 government comprehensive plan and hold a public hearing on the
1281 proposed amendment or modification after public notice thereof
1282 by publication in a newspaper of general circulation in the
1283 county or municipality in which the district is located or on a
1284 publicly accessible website maintained by the entity responsible
1285 for such publication. The notice shall describe the time, place,
1286 and purpose of the hearing and generally describe the proposed
1287 amendment or modification.
1288 Section 31. Subsections (10) and (11) of section 163.524,
1289 Florida Statutes, are amended to read:
1290 163.524 Neighborhood Preservation and Enhancement Program;
1291 participation; creation of Neighborhood Preservation and
1292 Enhancement Districts; creation of Neighborhood Councils and
1293 Neighborhood Enhancement Plans.—
1294 (10) Before Prior to the adoption of the Neighborhood
1295 Enhancement Plan, the local government planning agency and
1296 Neighborhood Council shall hold a joint public hearing on the
1297 plan after public notice by the local government by publication
1298 in a newspaper of general circulation in the county or
1299 municipality in which the district is located or on a publicly
1300 accessible website maintained by the entity responsible for such
1301 publication. The notice shall describe the time, date, place,
1302 and purpose of the hearing; identify the boundaries of the
1303 district; and outline the general scope of the plan as required
1304 by law.
1305 (11) If at any time after approval of the Neighborhood
1306 Enhancement Plan, it becomes desirable to amend or modify the
1307 plan, the local governing body may do so. Before Prior to any
1308 such amendment or modification, the local government planning
1309 agency and the Neighborhood Council shall hold a joint public
1310 hearing on the proposed amendment or modification after public
1311 notice by the local government by publication in a newspaper of
1312 general circulation in the county or municipality in which the
1313 district is located or on a publicly accessible website
1314 maintained by the entity responsible for such publication. The
1315 notice shall describe the time, place, and purpose of the
1316 hearing and shall generally describe the proposed amendment or
1317 modification.
1318 Section 32. Paragraph (c) of subsection (2) of section
1319 165.041, Florida Statutes, is amended to read:
1320 165.041 Incorporation; merger.—
1321 (2)
1322 (c) Notice of the election shall be published at least once
1323 each week for 2 consecutive weeks immediately preceding prior to
1324 the election, in a newspaper of general circulation in the area
1325 to be affected or published daily during the 2 consecutive weeks
1326 immediately preceding the election on a publicly accessible
1327 website maintained by the local government responsible for
1328 publication. Such notice shall give the time and places for the
1329 election and a general description of the area to be included in
1330 the municipality, which shall be in the form of a map to show
1331 clearly the area to be covered by the municipality.
1332 Section 33. Subsection (2) of section 165.051, Florida
1333 Statutes, is amended to read:
1334 165.051 Dissolution procedures.—
1335 (2) If a vote of the qualified voters is required, the
1336 governing body of the municipality or, if the municipal
1337 governing body does not act within 30 days, the governing body
1338 of the county or counties in which the municipality is located,
1339 shall set the date of the election, which shall be the next
1340 regularly scheduled election or a special election held before
1341 prior to such election, if approved by a majority of the members
1342 of the governing body of each governmental unit affected, but no
1343 sooner than 30 days after passage of the ordinance. Notice of
1344 the election shall be published at least once each week for 2
1345 consecutive weeks preceding prior to the election in a newspaper
1346 of general circulation in the municipality or published daily
1347 during the 2 consecutive weeks immediately preceding the
1348 election on a publicly accessible website maintained by the
1349 local government responsible for publication.
1350 Section 34. Paragraphs (a) and (c) of subsection (3) of
1351 section 166.041, Florida Statutes, are amended to read:
1352 166.041 Procedures for adoption of ordinances and
1353 resolutions.—
1354 (3)(a) Except as provided in paragraph (c), a proposed
1355 ordinance may be read by title, or in full, on at least 2
1356 separate days and shall, at least 10 days before prior to
1357 adoption, be noticed once in a newspaper of general circulation
1358 in the municipality or noticed daily during the 10 days
1359 immediately preceding the adoption on a publicly accessible
1360 website maintained by the municipality. The notice of proposed
1361 enactment shall state the date, time, and place of the meeting;
1362 the title or titles of proposed ordinances; and the place or
1363 places within the municipality where such proposed ordinances
1364 may be inspected by the public. The notice shall also advise
1365 that interested parties may appear at the meeting and be heard
1366 with respect to the proposed ordinance.
1367 (c) Ordinances initiated by other than the municipality
1368 that change the actual zoning map designation of a parcel or
1369 parcels of land shall be enacted pursuant to paragraph (a).
1370 Ordinances that change the actual list of permitted,
1371 conditional, or prohibited uses within a zoning category, or
1372 ordinances initiated by the municipality that change the actual
1373 zoning map designation of a parcel or parcels of land shall be
1374 enacted pursuant to the following procedure:
1375 1. In cases in which the proposed ordinance changes the
1376 actual zoning map designation for a parcel or parcels of land
1377 involving less than 10 contiguous acres, the governing body
1378 shall direct the clerk of the governing body to notify by mail
1379 each real property owner whose land the municipality will
1380 redesignate by enactment of the ordinance and whose address is
1381 known by reference to the latest ad valorem tax records. The
1382 notice shall state the substance of the proposed ordinance as it
1383 affects that property owner and shall set a time and place for
1384 one or more public hearings on such ordinance. Such notice shall
1385 be given at least 30 days prior to the date set for the public
1386 hearing, and a copy of the notice shall be kept available for
1387 public inspection during the regular business hours of the
1388 office of the clerk of the governing body. The governing body
1389 shall hold a public hearing on the proposed ordinance and may,
1390 upon the conclusion of the hearing, immediately adopt the
1391 ordinance.
1392 2. In cases in which the proposed ordinance changes the
1393 actual list of permitted, conditional, or prohibited uses within
1394 a zoning category, or changes the actual zoning map designation
1395 of a parcel or parcels of land involving 10 contiguous acres or
1396 more, the governing body shall provide for public notice and
1397 hearings as follows:
1398 a. The local governing body shall hold two advertised
1399 public hearings on the proposed ordinance. At least one hearing
1400 shall be held after 5 p.m. on a weekday, unless the local
1401 governing body, by a majority plus one vote, elects to conduct
1402 that hearing at another time of day. The first public hearing
1403 shall be held at least 7 days after the day that the first
1404 advertisement is published. The second hearing shall be held at
1405 least 10 days after the first hearing and shall be advertised at
1406 least 5 days prior to the public hearing.
1407 b. The required newspaper advertisements shall be no less
1408 than 2 columns wide by 10 inches long in a standard size or a
1409 tabloid size newspaper, and the headline in the advertisement
1410 shall be in a type no smaller than 18 point. The newspaper
1411 advertisement shall not be placed in that portion of the
1412 newspaper where legal notices and classified advertisements
1413 appear. The newspaper advertisement shall be placed in a
1414 newspaper of general paid circulation in the municipality and of
1415 general interest and readership in the municipality, not one of
1416 limited subject matter, pursuant to chapter 50. It is the
1417 legislative intent that, whenever possible, the newspaper
1418 advertisement appear in a newspaper that is published at least 5
1419 days a week unless the only newspaper in the municipality is
1420 published less than 5 days a week. The newspaper advertisement
1421 shall be in substantially the following form:
1422 NOTICE OF (TYPE OF) CHANGE
1423
1424 The ...(name of local governmental unit)... proposes to
1425 adopt the following ordinance:...(title of the ordinance)....
1426 A public hearing on the ordinance will be held on ...(date
1427 and time)... at ...(meeting place)....
1428
1429 Except for amendments which change the actual list of permitted,
1430 conditional, or prohibited uses within a zoning category, the
1431 advertisement shall contain a geographic location map which
1432 clearly indicates the area covered by the proposed ordinance.
1433 The map shall include major street names as a means of
1434 identification of the general area.
1435 c. In lieu of publishing the advertisement set out in this
1436 paragraph, the municipality may mail a notice to each person
1437 owning real property within the area covered by the ordinance.
1438 Such notice shall clearly explain the proposed ordinance and
1439 shall notify the person of the time, place, and location of any
1440 public hearing on the proposed ordinance.
1441 Section 35. Subsection (2) of section 166.0497, Florida
1442 Statutes, is amended to read:c
1443 166.0497 Alteration, amendment, or expansion of established
1444 downtown development district; procedures.—
1445 (2) In the resolution of intent, the governing body shall
1446 set a date for a public hearing on adoption of an ordinance
1447 altering, amending, or expanding the district and describing the
1448 new proposed district. Upon the adoption of the resolution, the
1449 governing body shall cause a notice of the public hearing to be
1450 published in a newspaper of general circulation published in the
1451 municipality or on a publicly accessible website maintained by
1452 the municipality. Such, which notice shall be published in the
1453 newspaper one time not less than 30 days and no nor more than 60
1454 days before prior to the date of the hearing, or published daily
1455 on the website during the 60 days immediately preceding the date
1456 of the hearing. The notice shall set forth the date, time, and
1457 place of the hearing and shall describe the new proposed
1458 boundaries of the district. Any citizen, taxpayer, or property
1459 owner shall have the right to be heard in opposition to the
1460 proposed amendment or expansion of the district. After the
1461 public hearing, if the governing body intends to proceed with
1462 the amendment or expansion of the district, it shall, in the
1463 manner authorized by law, adopt an ordinance defining the new
1464 district. The governing body shall not incorporate land into the
1465 district not included in the description contained in the
1466 resolution and the notice of public hearing, but it may
1467 eliminate any lands from that description when it adopts the
1468 ordinance containing the final determination of the boundaries.
1469 Section 36. Section 170.05, Florida Statutes, is amended to
1470 read:
1471 170.05 Publication of resolution.—Upon the adoption of the
1472 resolution provided for in s. 170.03, the municipality shall
1473 cause said resolution to be published on a publicly accessible
1474 website maintained by the municipality or one time in a
1475 newspaper of general circulation published in said municipality,
1476 and if there is be no website or newspaper published in said
1477 municipality, the governing authority of said municipality shall
1478 cause said resolution to be published once a week for a period
1479 of 2 weeks in a newspaper of general circulation published in
1480 the county in which said municipality is located.
1481 Section 37. Section 170.07, Florida Statutes, is amended to
1482 read:
1483 170.07 Publication of preliminary assessment roll.—Upon the
1484 completion of said preliminary assessment roll, the governing
1485 authority of the municipality shall by resolution fix a time and
1486 place at which the owners of the property to be assessed or any
1487 other persons interested therein may appear before said
1488 governing authority and be heard as to the propriety and
1489 advisability of making such improvements, as to the cost
1490 thereof, as to the manner of payment therefor, and as to the
1491 amount thereof to be assessed against each property so improved.
1492 Thirty days’ notice in writing of such time and place shall be
1493 given to such property owners. The notice shall include the
1494 amount of the assessment and shall be served by mailing a copy
1495 to each of such property owners at his or her last known
1496 address, the names and addresses of such property owners to be
1497 obtained from the records of the property appraiser or from such
1498 other sources as the city or town clerk or engineer deems
1499 reliable, proof of such mailing to be made by the affidavit of
1500 the clerk or deputy clerk of said municipality, or by the
1501 engineer, said proof to be filed with the clerk, provided, that
1502 failure to mail said notice or notices shall not invalidate any
1503 of the proceedings hereunder. Notice of the time and place of
1504 such hearing shall also be given by two publications a week
1505 apart in a newspaper of general circulation in said municipality
1506 or by publication daily for 2 weeks on a publicly accessible
1507 website maintained by the municipality, and if there is be no
1508 website or newspaper published in said municipality, the
1509 governing authority of said municipality shall cause said notice
1510 to be published in like manner in a newspaper of general
1511 circulation published in the county in which said municipality
1512 is located; provided that the last publication shall be at least
1513 1 week before prior to the date of the hearing. Said notice
1514 shall describe the streets or other areas to be improved and
1515 advise all persons interested that the description of each
1516 property to be assessed and the amount to be assessed to each
1517 piece or parcel of property may be ascertained at the office of
1518 the clerk of the municipality. Such service by publication shall
1519 be verified by the affidavit of the publisher and filed with the
1520 clerk of said municipality.
1521 Section 38. Paragraph (b) of subsection (2) of section
1522 171.0413, Florida Statutes, is amended to read:
1523 171.0413 Annexation procedures.—Any municipality may annex
1524 contiguous, compact, unincorporated territory in the following
1525 manner:
1526 (2) Following the final adoption of the ordinance of
1527 annexation by the governing body of the annexing municipality,
1528 the ordinance shall be submitted to a vote of the registered
1529 electors of the area proposed to be annexed. The governing body
1530 of the annexing municipality may also choose to submit the
1531 ordinance of annexation to a separate vote of the registered
1532 electors of the annexing municipality. The referendum on
1533 annexation shall be called and conducted and the expense thereof
1534 paid by the governing body of the annexing municipality.
1535 (b) The governing body of the annexing municipality shall
1536 publish notice of the referendum on annexation at least once
1537 each week for 2 consecutive weeks immediately preceding the date
1538 of the referendum in a newspaper of general circulation in the
1539 area in which the referendum is to be held or daily during the 2
1540 weeks immediately preceding the date of the referendum on a
1541 publicly accessible website maintained by the annexing
1542 municipality. The notice shall give the ordinance number, the
1543 time and places for the referendum, and a brief, general
1544 description of the area proposed to be annexed. The description
1545 shall include a map clearly showing the area and a statement
1546 that the complete legal description by metes and bounds and the
1547 ordinance can be obtained from the office of the city clerk.
1548 Section 39. Subsections (3) and (7) of section 171.051,
1549 Florida Statutes, are amended to read:
1550 171.051 Contraction procedures.—Any municipality may
1551 initiate the contraction of municipal boundaries in the
1552 following manner:
1553 (3) After introduction, the contraction ordinance shall be
1554 noticed at least once per week for 2 consecutive weeks in a
1555 newspaper of general circulation in the municipality or
1556 published daily during the 2 consecutive weeks immediately
1557 preceding the date of the meeting on a publicly accessible
1558 website maintained by the municipality, such notice to describe
1559 the area to be excluded. Such description shall include a
1560 statement of findings to show that the area to be excluded fails
1561 to meet the criteria of s. 171.043, set the time and place of
1562 the meeting at which the ordinance will be considered, and
1563 advise that all parties affected may be heard.
1564 (7) The municipal governing body shall establish the date
1565 of election and publish notice of the referendum election at
1566 least once a week for the 2 consecutive weeks immediately
1567 preceding prior to the election in a newspaper of general
1568 circulation in the area proposed to be excluded or in the
1569 municipality or daily during the 2 consecutive weeks immediately
1570 preceding the date of the meeting on a publicly accessible
1571 website maintained by the municipality. Such notice shall give
1572 the time and places for the election and a general description
1573 of the area to be excluded, which shall be in the form of a map
1574 clearly showing the area proposed to be excluded.
1575 Section 40. Subsection (1) of section 173.09, Florida
1576 Statutes, is amended to read:
1577 173.09 Judgment for complainant; special magistrate’s sale;
1578 complainant may purchase and later sell.—
1579 (1) Any such decree shall direct the special magistrate
1580 thereby appointed to sell the several parcels of land separately
1581 to the highest and best bidder for cash (or, at the option of
1582 complainant, to the extent of special assessments included in
1583 such judgment, for bonds or interest coupons issued by
1584 complainant), at public outcry at the courthouse door of the
1585 county in which such suit is pending, or at such point or place
1586 in the complainant municipality as the court in such final
1587 decree may direct, after having advertised such sale (which
1588 advertisement may include all lands so ordered sold) once each
1589 week for 2 consecutive weeks in some newspaper published in the
1590 city or town in which the complainant is situated or publishing
1591 notice of the sale daily for 2 consecutive weeks on a publicly
1592 accessible website maintained by the municipality, or if there
1593 is no such website or newspaper, in a newspaper published in the
1594 county in which the suit is pending, and if all the lands so
1595 advertised for sale be not sold on the day specified in such
1596 advertisement, such sale shall be continued from day to day
1597 until the sale of all such land is completed.
1598 Section 41. Subsection (4) of section 177.101, Florida
1599 Statutes, is amended to read:
1600 177.101 Vacation and annulment of plats subdividing land.—
1601 (4) Persons making application for vacations of plats
1602 either in whole or in part shall give notice of their intention
1603 to apply to the governing body of the county to vacate said plat
1604 by publishing legal notice in a newspaper of general circulation
1605 in the county in which the tract or parcel of land is located,
1606 in not less than two weekly issues of said paper, or daily for 2
1607 weeks on a publicly accessible website maintained by the local
1608 government, and must attach to the petition for vacation the
1609 proof of such publication, together with certificates showing
1610 that all state and county taxes have been paid. For the purpose
1611 of the tax collector’s certification that state, county, and
1612 municipal taxes have been paid, the taxes shall be deemed to
1613 have been paid if, in addition to any partial payment under s.
1614 194.171, the owner of the platted lands sought to be vacated
1615 shall post a cash bond, approved by the tax collector of the
1616 county where the land is located and by the Department of
1617 Revenue, conditioned to pay the full amount of any judgment
1618 entered pursuant to s. 194.192 adverse to the person making
1619 partial payment, including all costs, interest, and penalties.
1620 The circuit court shall fix the amount of said bond by order,
1621 after considering the reasonable timeframe for such litigation
1622 and all other relevant factors; and a certified copy of such
1623 approval, order, and cash bond shall be attached to the
1624 application. If such tract or parcel of land is within the
1625 corporate limits of any incorporated city or town, the governing
1626 body of the county shall be furnished with a certified copy of a
1627 resolution of the town council or city commission, as the case
1628 may be, showing that it has already by suitable resolution
1629 vacated such plat or subdivision or such part thereof sought to
1630 be vacated.
1631 Section 42. Section 180.09, Florida Statutes, is amended to
1632 read:
1633 180.09 Notice of resolution or ordinance authorizing
1634 issuance of certificates.—Upon the adoption of resolution or
1635 ordinance by the city council, or other legislative body, by
1636 whatever name known, authorizing the issuance of mortgage
1637 revenue certificates or debentures, a notice thereof shall be
1638 published once a week for 2 consecutive weeks in a newspaper of
1639 general circulation in the county in which the municipality is
1640 located or daily for 2 consecutive weeks on a publicly
1641 accessible website maintained by the municipality, or posted by
1642 posting a notice in at least three conspicuous places within the
1643 limits of the municipality, one of which shall be posted at the
1644 door of the city hall or city offices; provided, that if any of
1645 the mortgage revenue certificates or debentures are to be
1646 purchased by the United States of America, or any
1647 instrumentality or subdivision thereof, it shall not be
1648 necessary to advertise or offer the same for sale by competitive
1649 bidding.
1650 Section 43. Subsection (1) of section 180.24, Florida
1651 Statutes, is amended to read:
1652 180.24 Contracts for construction; bond; publication of
1653 notice; bids.—
1654 (1) Any municipality desiring the accomplishment of any or
1655 all of the purposes of this chapter may make contracts for the
1656 construction of any of the utilities mentioned in this chapter,
1657 or any extension or extensions to any previously constructed
1658 utility, which said contracts shall be in writing, and the
1659 contractor shall be required to give bond, which said bond shall
1660 be executed by a surety company authorized to do business in the
1661 state; provided, however, construction contracts in excess of
1662 $25,000 shall be advertised by the publication of a notice in a
1663 newspaper of general circulation in the county in which said
1664 municipality is located at least once each week for 2
1665 consecutive weeks, by publication daily for 2 weeks on a
1666 publicly accessible website maintained by the municipality, or
1667 by posting three notices in three conspicuous places in said
1668 municipality, one of which shall be on the door of the city
1669 hall; and that at least 10 days shall elapse between the date of
1670 the first publication or posting of such notice and the date of
1671 receiving bids and the execution of such contract documents. For
1672 municipal construction projects identified in s. 255.0525, the
1673 notice provision of that section supersedes and replaces the
1674 notice provisions in this section.
1675 Section 44. Subsection (1) of section 189.4044, Florida
1676 Statutes, is amended to read:
1677 189.4044 Special procedures for inactive districts.—
1678 (1) The department shall declare inactive any special
1679 district in this state by documenting that:
1680 (a) The special district meets one of the following
1681 criteria:
1682 1. The registered agent of the district, the chair of the
1683 governing body of the district, or the governing body of the
1684 appropriate local general-purpose government notifies the
1685 department in writing that the district has taken no action for
1686 2 or more years;
1687 2. Following an inquiry from the department, the registered
1688 agent of the district, the chair of the governing body of the
1689 district, or the governing body of the appropriate local
1690 general-purpose government notifies the department in writing
1691 that the district has not had a governing board or a sufficient
1692 number of governing board members to constitute a quorum for 2
1693 or more years or the registered agent of the district, the chair
1694 of the governing body of the district, or the governing body of
1695 the appropriate local general-purpose government fails to
1696 respond to the department’s inquiry within 21 days; or
1697 3. The department determines, pursuant to s. 189.421, that
1698 the district has failed to file any of the reports listed in s.
1699 189.419.
1700 (b) The department, special district, or local general
1701 purpose government published a notice of proposed declaration of
1702 inactive status on a publicly accessible website maintained by
1703 the entity responsible for publication or in a newspaper of
1704 general circulation in the county or municipality in which the
1705 territory of the special district is located and sent a copy of
1706 such notice by certified mail to the registered agent or chair
1707 of the board, if any. Such notice must include the name of the
1708 special district, the law under which it was organized and
1709 operating, a general description of the territory included in
1710 the special district, and a statement that any objections must
1711 be filed pursuant to chapter 120 within 21 days after the
1712 publication date; and
1713 (c) Twenty-one days have elapsed from the publication date
1714 of the notice of proposed declaration of inactive status and no
1715 administrative appeals were filed.
1716 Section 45. Subsection (1) of section 189.417, Florida
1717 Statutes, is amended to read:
1718 189.417 Meetings; notice; required reports.—
1719 (1) The governing body of each special district shall file
1720 quarterly, semiannually, or annually a schedule of its regular
1721 meetings with the local governing authority or authorities. The
1722 schedule shall include the date, time, and location of each
1723 scheduled meeting. The schedule shall be published quarterly,
1724 semiannually, or annually in a newspaper of general paid
1725 circulation in the manner required in this subsection. The
1726 governing body of an independent special district shall
1727 advertise the day, time, place, and purpose of any meeting other
1728 than a regular meeting or any recessed and reconvened meeting of
1729 the governing body, at least 7 days before prior to such
1730 meeting, in a newspaper of general paid circulation in the
1731 county or counties in which the special district is located, or
1732 daily during the 7 days immediately preceding the meeting on a
1733 publicly accessible website maintained by the district, unless a
1734 bona fide emergency situation exists, in which case a meeting to
1735 deal with the emergency may be held as necessary, with
1736 reasonable notice, so long as it is subsequently ratified by the
1737 board. No approval of the annual budget shall be granted at an
1738 emergency meeting. If the advertisement is published in a
1739 newspaper, the advertisement shall be placed in that portion of
1740 the newspaper where legal notices and classified advertisements
1741 appear and. The advertisement shall appear in a newspaper that
1742 is published at least 5 days a week, unless the only newspaper
1743 in the county is published fewer than 5 days a week. The
1744 newspaper selected must be one of general interest and
1745 readership in the community and not one of limited subject
1746 matter, pursuant to chapter 50. Any other provision of law to
1747 the contrary notwithstanding, and except in the case of
1748 emergency meetings, water management districts may provide
1749 reasonable notice of public meetings held to evaluate responses
1750 to solicitations issued by the water management district, by
1751 publication in a newspaper of general paid circulation in the
1752 county where the principal office of the water management
1753 district is located, or in the county or counties where the
1754 public work will be performed, no less than 7 days before such
1755 meeting or on a publicly accessible website maintained by the
1756 district during the 7 days immediately preceding the meeting.
1757 Section 46. Paragraph (a) of subsection (2) of section
1758 190.006, Florida Statutes, is amended to read:
1759 190.006 Board of supervisors; members and meetings.—
1760 (2)(a) Within 90 days following the effective date of the
1761 rule or ordinance establishing the district, there shall be held
1762 a meeting of the landowners of the district for the purpose of
1763 electing five supervisors for the district. Notice of the
1764 landowners’ meeting shall be published once a week for 2
1765 consecutive weeks in a newspaper that which is in general
1766 circulation in the area of the district, the last day of such
1767 newspaper publication to be not less fewer than 14 days or more
1768 than 28 days before the date of the election, or published daily
1769 during the 28 days immediately preceding the date of the
1770 election on a publicly accessible website maintained by the
1771 district. The landowners, when assembled at such meeting, shall
1772 organize by electing a chair who shall conduct the meeting. The
1773 chair may be any person present at the meeting. If the chair is
1774 a landowner or proxy holder of a landowner, he or she may
1775 nominate candidates and make and second motions.
1776 Section 47. Subsection (1) of section 190.033, Florida
1777 Statutes, is amended to read:
1778 190.033 Bids required.—
1779 (1) No contract shall be let by the board for any goods,
1780 supplies, or materials to be purchased when the amount thereof
1781 to be paid by the district shall exceed the amount provided in
1782 s. 287.017 for category four, unless notice of bids or other
1783 competitive solicitation, including requests for proposals or
1784 qualifications, is advertised once in a newspaper in general
1785 circulation in the county and in the district or on a publicly
1786 accessible website maintained by the district. Any board seeking
1787 to construct or improve a public building, structure, or other
1788 public works shall comply with the bidding procedures of s.
1789 255.20 and other applicable general law. In each case, the bid
1790 of the lowest responsive and responsible bidder shall be
1791 accepted unless all bids are rejected because the bids are too
1792 high, or the board determines it is in the best interests of the
1793 district to reject all bids. In each case in which requests for
1794 proposals, qualifications, or other competitive solicitations
1795 are used, the district shall determine which response is most
1796 advantageous for the district and award the contract to that
1797 proposer. The board may require the bidders or proposers to
1798 furnish bond with a responsible surety to be approved by the
1799 board. If the district does not receive a response to its
1800 competitive solicitation, the district may proceed to purchase
1801 such goods, supplies, materials, or construction services in the
1802 manner it deems in the best interests of the district. Nothing
1803 in this section shall prevent the board from undertaking and
1804 performing the construction, operation, and maintenance of any
1805 project or facility authorized by this act by the employment of
1806 labor, material, and machinery.
1807 Section 48. Subsection (4) of section 191.005, Florida
1808 Statutes, is amended to read:
1809 191.005 District boards of commissioners; membership,
1810 officers, meetings.—
1811 (4) Members of the board may each be paid a salary or
1812 honorarium to be determined by at least a majority plus one vote
1813 of the board, which salary or honorarium may not exceed $500 per
1814 month for each member. Special notice of any meeting at which
1815 the board will consider a salary change for a board member shall
1816 be published at least once, at least 14 days before prior to the
1817 meeting, in a newspaper of general circulation in the county in
1818 which the district is located or published daily during the 14
1819 days immediately preceding the meeting on a publicly accessible
1820 website maintained by the district. Separate compensation for
1821 the board member serving as treasurer may be authorized by like
1822 vote so long as total compensation for the board member does not
1823 exceed $500 per month. Members may be reimbursed for travel and
1824 per diem expenses as provided in s. 112.061.
1825 Section 49. Paragraph (i) of subsection (1) and paragraph
1826 (g) of subsection (2) of section 192.0105, Florida Statutes, are
1827 amended to read:
1828 192.0105 Taxpayer rights.—There is created a Florida
1829 Taxpayer’s Bill of Rights for property taxes and assessments to
1830 guarantee that the rights, privacy, and property of the
1831 taxpayers of this state are adequately safeguarded and protected
1832 during tax levy, assessment, collection, and enforcement
1833 processes administered under the revenue laws of this state. The
1834 Taxpayer’s Bill of Rights compiles, in one document, brief but
1835 comprehensive statements that summarize the rights and
1836 obligations of the property appraisers, tax collectors, clerks
1837 of the court, local governing boards, the Department of Revenue,
1838 and taxpayers. Additional rights afforded to payors of taxes and
1839 assessments imposed under the revenue laws of this state are
1840 provided in s. 213.015. The rights afforded taxpayers to assure
1841 that their privacy and property are safeguarded and protected
1842 during tax levy, assessment, and collection are available only
1843 insofar as they are implemented in other parts of the Florida
1844 Statutes or rules of the Department of Revenue. The rights so
1845 guaranteed to state taxpayers in the Florida Statutes and the
1846 departmental rules include:
1847 (1) THE RIGHT TO KNOW.—
1848 (i) The right to an advertisement in a newspaper or on a
1849 publicly accessible website maintained by the entity responsible
1850 for publication listing names of taxpayers who are delinquent in
1851 paying tangible personal property taxes, with amounts due, and
1852 giving notice that interest is accruing at 18 percent and that,
1853 unless taxes are paid, warrants will be issued, prior to
1854 petition made with the circuit court for an order to seize and
1855 sell property (see s. 197.402(2)).
1856 (2) THE RIGHT TO DUE PROCESS.—
1857 (g) The right to be mailed a timely written decision by the
1858 value adjustment board containing findings of fact and
1859 conclusions of law and reasons for upholding or overturning the
1860 determination of the property appraiser, and the right to
1861 advertised notice, including notice on a publicly accessible
1862 website, of all board actions, including appropriate narrative
1863 and column descriptions, in brief and nontechnical language (see
1864 ss. 194.034(2) and 194.037(3)).
1865 Section 50. Subsection (1) of section 194.037, Florida
1866 Statutes, is amended to read:
1867 194.037 Disclosure of tax impact.—
1868 (1) After hearing all petitions, complaints, appeals, and
1869 disputes, the clerk shall make public notice of the findings and
1870 results of the board. If advertised in the newspaper, the
1871 advertisement shall be in at least a quarter-page size
1872 advertisement of a standard size or tabloid size newspaper, and
1873 the headline shall be in a type no smaller than 18 point. If
1874 advertised in the newspaper, the advertisement shall not be
1875 placed in that portion of the newspaper where legal notices and
1876 classified advertisements appear. The advertisement shall be
1877 published in a newspaper of general paid circulation in the
1878 county or on a publicly accessible website maintained by the
1879 entity responsible for publication. If the advertisement is
1880 published in a newspaper, the newspaper selected shall be one of
1881 general interest and readership in the community, and not one of
1882 limited subject matter, pursuant to chapter 50. The headline
1883 shall read: TAX IMPACT OF VALUE ADJUSTMENT BOARD. The public
1884 notice shall list the members of the value adjustment board and
1885 the taxing authorities to which they are elected. The form shall
1886 show, in columnar form, for each of the property classes listed
1887 under subsection (2), the following information, with
1888 appropriate column totals:
1889 (a) In the first column, the number of parcels for which
1890 the board granted exemptions that had been denied or that had
1891 not been acted upon by the property appraiser.
1892 (b) In the second column, the number of parcels for which
1893 petitions were filed concerning a property tax exemption.
1894 (c) In the third column, the number of parcels for which
1895 the board considered the petition and reduced the assessment
1896 from that made by the property appraiser on the initial
1897 assessment roll.
1898 (d) In the fourth column, the number of parcels for which
1899 petitions were filed but not considered by the board because
1900 such petitions were withdrawn or settled prior to the board’s
1901 consideration.
1902 (e) In the fifth column, the number of parcels for which
1903 petitions were filed requesting a change in assessed value,
1904 including requested changes in assessment classification.
1905 (f) In the sixth column, the net change in taxable value
1906 from the assessor’s initial roll which results from board
1907 decisions.
1908 (g) In the seventh column, the net shift in taxes to
1909 parcels not granted relief by the board. The shift shall be
1910 computed as the amount shown in column 6 multiplied by the
1911 applicable millage rates adopted by the taxing authorities in
1912 hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
1913 the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
1914 Constitution, but without adjustment as authorized pursuant to
1915 s. 200.065(6). If for any taxing authority the hearing has not
1916 been completed at the time the notice required herein is
1917 prepared, the millage rate used shall be that adopted in the
1918 hearing held pursuant to s. 200.065(2)(c).
1919 Section 51. Paragraph (a) of subsection (3) of section
1920 197.3632, Florida Statutes, is amended to read:
1921 197.3632 Uniform method for the levy, collection, and
1922 enforcement of non-ad valorem assessments.—
1923 (3)(a) Notwithstanding any other provision of law to the
1924 contrary, a local government which is authorized to impose a
1925 non-ad valorem assessment and which elects to use the uniform
1926 method of collecting such assessment for the first time as
1927 authorized in this section shall adopt a resolution at a public
1928 hearing before prior to January 1 or, if the property appraiser,
1929 tax collector, and local government agree, March 1. The
1930 resolution shall clearly state its intent to use the uniform
1931 method of collecting such assessment. The local government shall
1932 publish notice of its intent to use the uniform method for
1933 collecting such assessment weekly in a newspaper of general
1934 circulation within each county contained in the boundaries of
1935 the local government for 4 consecutive weeks preceding the
1936 hearing or daily during the 4 consecutive weeks immediately
1937 preceding the hearing on a publicly accessible website
1938 maintained by the local government. The resolution shall state
1939 the need for the levy and shall include a legal description of
1940 the boundaries of the real property subject to the levy. If the
1941 resolution is adopted, the local governing board shall send a
1942 copy of it by United States mail to the property appraiser, the
1943 tax collector, and the department by January 10 or, if the
1944 property appraiser, tax collector, and local government agree,
1945 March 10.
1946 Section 52. Paragraphs (d) and (f) of subsection (2),
1947 paragraph (g) of subsection (3), paragraph (b) of subsection
1948 (12), and paragraph (a) of subsection (14) of section 200.065,
1949 Florida Statutes, are amended to read:
1950 200.065 Method of fixing millage.—
1951 (2) No millage shall be levied until a resolution or
1952 ordinance has been approved by the governing board of the taxing
1953 authority which resolution or ordinance must be approved by the
1954 taxing authority according to the following procedure:
1955 (d) Within 15 days after the meeting adopting the tentative
1956 budget, the taxing authority shall advertise in a newspaper of
1957 general circulation in the county as provided in subsection (3),
1958 its intent to finally adopt a millage rate and budget or
1959 advertise on its publicly accessible website its intent to
1960 finally adopt a millage rate and budget, and shall maintain the
1961 notice on its website until completion of the hearing. If
1962 advertised in a newspaper, a public hearing to finalize the
1963 budget and adopt a millage rate shall be held not less than 2
1964 days nor more than 5 days after the day that the advertisement
1965 is first published. During the hearing, the governing body of
1966 the taxing authority shall amend the adopted tentative budget as
1967 it sees fit, adopt a final budget, and adopt a resolution or
1968 ordinance stating the millage rate to be levied. The resolution
1969 or ordinance shall state the percent, if any, by which the
1970 millage rate to be levied exceeds the rolled-back rate computed
1971 pursuant to subsection (1), which shall be characterized as the
1972 percentage increase in property taxes adopted by the governing
1973 body. The adoption of the budget and the millage-levy resolution
1974 or ordinance shall be by separate votes. For each taxing
1975 authority levying millage, the name of the taxing authority, the
1976 rolled-back rate, the percentage increase, and the millage rate
1977 to be levied shall be publicly announced before prior to the
1978 adoption of the millage-levy resolution or ordinance. In no
1979 event may The millage rate adopted pursuant to this paragraph
1980 may not exceed the millage rate tentatively adopted pursuant to
1981 paragraph (c). If the rate tentatively adopted pursuant to
1982 paragraph (c) exceeds the proposed rate provided to the property
1983 appraiser pursuant to paragraph (b), or as subsequently adjusted
1984 pursuant to subsection (11), each taxpayer within the
1985 jurisdiction of the taxing authority shall be sent notice by
1986 first-class mail of his or her taxes under the tentatively
1987 adopted millage rate and his or her taxes under the previously
1988 proposed rate. The notice must be prepared by the property
1989 appraiser, at the expense of the taxing authority, and must
1990 generally conform to the requirements of s. 200.069. If such
1991 additional notice is necessary, its mailing must precede the
1992 hearing held pursuant to this paragraph by not less than 10 days
1993 and not more than 15 days.
1994 (f)1. Notwithstanding any provisions of paragraph (c) to
1995 the contrary, each school district shall advertise its intent to
1996 adopt a tentative budget in a newspaper of general circulation
1997 pursuant to subsection (3) or on the school district’s publicly
1998 accessible website within 29 days after of certification of
1999 value pursuant to subsection (1). Not less than 2 days or more
2000 than 5 days thereafter, the district shall hold a public hearing
2001 on the tentative budget pursuant to the applicable provisions of
2002 paragraph (c). The advertisement shall remain on the website or
2003 in the newspaper through the date of the hearing.
2004 2. Notwithstanding any provisions of paragraph (b) to the
2005 contrary, each school district shall advise the property
2006 appraiser of its recomputed proposed millage rate within 35 days
2007 after of certification of value pursuant to subsection (1). The
2008 recomputed proposed millage rate of the school district shall be
2009 considered its proposed millage rate for the purposes of
2010 paragraph (b).
2011 3. Notwithstanding any provisions of paragraph (d) to the
2012 contrary, each school district shall hold a public hearing to
2013 finalize the budget and adopt a millage rate within 80 days
2014 after of certification of value pursuant to subsection (1), but
2015 not earlier than 65 days after certification. The hearing shall
2016 be held in accordance with the applicable provisions of
2017 paragraph (d), except that a newspaper advertisement need not
2018 precede the hearing.
2019 (3) The advertisement shall be no less than one-quarter
2020 page in size of a standard size or a tabloid size newspaper, and
2021 the headline in the advertisement shall be in a type no smaller
2022 than 18 point. The advertisement shall not be placed in that
2023 portion of the newspaper where legal notices and classified
2024 advertisements appear. The advertisement shall be published in a
2025 newspaper of general paid circulation in the county or in a
2026 geographically limited insert of such newspaper. The geographic
2027 boundaries in which such insert is circulated shall include the
2028 geographic boundaries of the taxing authority. It is the
2029 legislative intent that, whenever possible, the advertisement
2030 appear in a newspaper that is published at least 5 days a week
2031 unless the only newspaper in the county is published less than 5
2032 days a week, or that the advertisement appear in a
2033 geographically limited insert of such newspaper which insert is
2034 published throughout the taxing authority’s jurisdiction at
2035 least twice each week. It is further the legislative intent that
2036 the newspaper selected be one of general interest and readership
2037 in the community and not one of limited subject matter, pursuant
2038 to chapter 50.
2039 (g) If In the event that the mailing of the notice of
2040 proposed property taxes is delayed beyond September 3 in a
2041 county, any multicounty taxing authority which levies ad valorem
2042 taxes within that county shall advertise its intention to adopt
2043 a tentative budget and millage rate on a publicly accessible
2044 website maintained by the taxing authority or in a newspaper of
2045 paid general circulation within that county, as provided in this
2046 subsection, and shall hold the hearing required pursuant to
2047 paragraph (2)(c). If advertised in the newspaper, the hearing
2048 shall be held not less than 2 days or more than 5 days
2049 thereafter, and not later than September 18. If advertised on
2050 the website, the hearing shall be held not less than 2 days
2051 after initial publication of the advertisement on the website
2052 and not later than September 18, and shall remain on the website
2053 until the date of the hearing. The advertisement shall be in the
2054 following form, unless the proposed millage rate is less than or
2055 equal to the rolled-back rate, computed pursuant to subsection
2056 (1), in which case the advertisement shall be as provided in
2057 paragraph (e):
2058 NOTICE OF TAX INCREASE
2059
2060 The ...(name of the taxing authority)... proposes to
2061 increase its property tax levy by ...(percentage of increase
2062 over rolled-back rate)... percent.
2063 All concerned citizens are invited to attend a public
2064 hearing on the proposed tax increase to be held on ...(date and
2065 time)... at ...(meeting place)....
2066 (12) The time periods specified in this section shall be
2067 determined by using the date of certification of value pursuant
2068 to subsection (1) or July 1, whichever date is later, as day 1.
2069 The time periods shall be considered directory and may be
2070 shortened, provided:
2071 (b) Any public hearing preceded by a newspaper
2072 advertisement is held not less than 2 days or more than 5 days
2073 following publication of such advertisement and any public
2074 hearing preceded by advertisement on a website advertisement is
2075 held not less than 2 days after initial publication; and
2076 (14)(a) If the notice of proposed property taxes mailed to
2077 taxpayers under this section contains an error, the property
2078 appraiser, in lieu of mailing a corrected notice to all
2079 taxpayers, may correct the error by mailing a short form of the
2080 notice to those taxpayers affected by the error and its
2081 correction. The notice shall be prepared by the property
2082 appraiser at the expense of the taxing authority which caused
2083 the error or at the property appraiser’s expense if he or she
2084 caused the error. The form of the notice must be approved by the
2085 executive director of the Department of Revenue or the executive
2086 director’s designee. If the error involves only the date and
2087 time of the public hearings required by this section, the
2088 property appraiser, with the permission of the taxing authority
2089 affected by the error, may correct the error by advertising the
2090 corrected information on a publicly accessible website
2091 maintained by the taxing authority or in a newspaper of general
2092 circulation in the county as provided in subsection (3).
2093 Section 53. Section 205.032, Florida Statutes, is amended
2094 to read:
2095 205.032 Levy; counties.—The governing body of a county may
2096 levy, by appropriate resolution or ordinance, a business tax for
2097 the privilege of engaging in or managing any business,
2098 profession, or occupation within its jurisdiction. However, the
2099 governing body must first give at least 14 days’ public notice
2100 between the first and last reading of the resolution or
2101 ordinance by publishing a notice in a newspaper of general
2102 circulation within its jurisdiction as defined by law or by
2103 publishing the notice daily for at least 14 days during the
2104 period between the first and last reading of the resolution or
2105 ordinance on a publicly accessible website maintained by the
2106 county. The public notice must contain the proposed
2107 classifications and rates applicable to the business tax.
2108 Section 54. Section 205.042, Florida Statutes, is amended
2109 to read:
2110 205.042 Levy; municipalities.—The governing body of an
2111 incorporated municipality may levy, by appropriate resolution or
2112 ordinance, a business tax for the privilege of engaging in or
2113 managing any business, profession, or occupation within its
2114 jurisdiction. However, the governing body must first give at
2115 least 14 days’ public notice between the first and last reading
2116 of the resolution or ordinance by publishing the notice in a
2117 newspaper of general circulation within its jurisdiction as
2118 defined by law or by publishing the notice daily for at least 14
2119 days during the period between the first and last reading of the
2120 resolution or ordinance on a publicly accessible website
2121 maintained by the county. The notice must contain the proposed
2122 classifications and rates applicable to the business tax. The
2123 business tax may be levied on:
2124 (1) Any person who maintains a permanent business location
2125 or branch office within the municipality, for the privilege of
2126 engaging in or managing any business within its jurisdiction.
2127 (2) Any person who maintains a permanent business location
2128 or branch office within the municipality, for the privilege of
2129 engaging in or managing any profession or occupation within its
2130 jurisdiction.
2131 (3) Any person who does not qualify under subsection (1) or
2132 subsection (2) and who transacts any business or engages in any
2133 occupation or profession in interstate commerce, if the business
2134 tax is not prohibited by s. 8, Art. I of the United States
2135 Constitution.
2136 Section 55. Subsection (2) of section 255.0525, Florida
2137 Statutes, is amended to read:
2138 255.0525 Advertising for competitive bids or proposals.—
2139 (2) The solicitation of competitive bids or proposals for
2140 any county, municipality, or other political subdivision
2141 construction project that is projected to cost more than
2142 $200,000 shall be publicly advertised at least once in a
2143 newspaper of general circulation in the county where the project
2144 is located at least 21 days before prior to the established bid
2145 opening and at least 5 days before prior to any scheduled prebid
2146 conference, or advertised daily during the 21-day period
2147 immediately preceding the established bid opening date and daily
2148 during the 5-day period immediately preceding any scheduled
2149 prebid conference on a publicly accessible website maintained by
2150 the entity responsible for publication. The solicitation of
2151 competitive bids or proposals for any county, municipality, or
2152 other political subdivision construction project that is
2153 projected to cost more than $500,000 shall be publicly
2154 advertised at least once in a newspaper of general circulation
2155 in the county where the project is located at least 30 days
2156 before prior to the established bid opening and at least 5 days
2157 before prior to any scheduled prebid conference, or advertised
2158 daily during the 30-day period immediately preceding the
2159 established bid opening date and daily during the 5-day period
2160 immediately preceding any scheduled prebid conference on a
2161 publicly accessible website maintained by the entity responsible
2162 for publication. Bids or proposals shall be received and opened
2163 at the location, date, and time established in the bid or
2164 proposal advertisement. In cases of emergency, the procedures
2165 required in this section may be altered by the local
2166 governmental entity in any manner that is reasonable under the
2167 emergency circumstances.
2168 Section 56. Section 274.06, Florida Statutes, is amended to
2169 read:
2170 274.06 Alternative procedure.—Having consideration for the
2171 best interests of the county or district, a governmental unit’s
2172 property that is obsolete or the continued use of which is
2173 uneconomical or inefficient, or which serves no useful function,
2174 which property is not otherwise lawfully disposed of, may be
2175 disposed of for value to any person, or may be disposed of for
2176 value without bids to the state, to any governmental unit, or to
2177 any political subdivision as defined in s. 1.01, or if the
2178 property is without commercial value it may be donated,
2179 destroyed, or abandoned. The determination of property to be
2180 disposed of by a governmental unit pursuant to this section
2181 instead of pursuant to other provisions of law shall be at the
2182 election of such governmental unit in the reasonable exercise of
2183 its discretion. Property, the value of which the governmental
2184 unit estimates to be under $5,000, may be disposed of in the
2185 most efficient and cost-effective means as determined by the
2186 governmental unit. Any sale of property the value of which the
2187 governmental unit estimates to be $5,000 or more shall be sold
2188 only to the highest responsible bidder, or by public auction,
2189 after publication of notice not less than 1 week nor more than 2
2190 weeks before such prior to sale in a newspaper having a general
2191 circulation in the county or district in which is located the
2192 official office of the governmental unit, and in additional
2193 newspapers if in the judgment of the governmental unit the best
2194 interests of the county or district will better be served by the
2195 additional notices, or daily during the 2 weeks immediately
2196 preceding such sale on a publicly accessible website maintained
2197 by the entity responsible for publication. This section does
2198 not; provided that nothing herein contained shall be construed
2199 to require the sheriff of a county to advertise the sale of
2200 miscellaneous contraband of an estimated value of less than
2201 $5,000.
2202 Section 57. Subsection (3) of section 290.0057, Florida
2203 Statutes, is amended to read:
2204 290.0057 Enterprise zone development plan.—
2205 (3) Prior to adopting the strategic plan, the governing
2206 body or bodies shall hold a public hearing on the strategic plan
2207 after public notice thereof by publication in a newspaper having
2208 a general circulation in the area of operation of the governing
2209 body or bodies or by publication on a publicly accessible
2210 website maintained by the entity responsible for publication.
2211 The notice shall describe the time, date, place, and purpose of
2212 the hearing, identify the nominated area covered by the plan,
2213 and outline the general scope of the strategic plan under
2214 consideration.
2215 Section 58. Subsections (2) and (6) of section 298.301,
2216 Florida Statutes, are amended to read:
2217 298.301 District water control plan adoption; district
2218 boundary modification; plan amendment; notice forms; objections;
2219 hearings; assessments.—
2220 (2) Before adopting a water control plan or plan amendment,
2221 the board of supervisors must adopt a resolution to consider
2222 adoption of the proposed plan or plan amendment. As soon as the
2223 resolution proposing the adoption or amendment of the district’s
2224 water control plan has been filed with the district secretary,
2225 the board of supervisors shall give notice of a public hearing
2226 on the proposed plan or plan amendment by causing publication to
2227 be made once a week for 3 consecutive weeks in a newspaper of
2228 general circulation published in each county in which lands and
2229 other property described in the resolution are situated or by
2230 publication daily for 3 consecutive weeks on a publicly
2231 accessible website maintained by the entity responsible for such
2232 publication. The notice must be in substantially the following
2233 form:
2234
2235 Notice of Hearing
2236
2237 To the owners and all persons interested in the lands
2238 corporate, and other property in and adjacent to the ...name of
2239 district... District.
2240 You are notified that the ...name of district... District
2241 has filed in the office of the secretary of the district a
2242 resolution to consider approval of a water control plan or an
2243 amendment to the current water control plan to provide ...here
2244 insert a summary of the proposed water control plan or plan
2245 amendment.... On or before its scheduled meeting of ...(date and
2246 time)... at the district’s offices located at ...(list address
2247 of offices)... written objections to the proposed plan or plan
2248 amendment may be filed at the district’s offices. A public
2249 hearing on the proposed plan or plan amendment will be conducted
2250 at the scheduled meeting, and written objections will be
2251 considered at that time. At the conclusion of the hearing, the
2252 board of supervisors may determine to proceed with the process
2253 for approval of the proposed plan or plan amendment and direct
2254 the district engineer to prepare an engineer’s report
2255 identifying any property to be taken, determining benefits and
2256 damages, and estimating the cost of implementing the
2257 improvements associated with the proposed plan or plan
2258 amendment. A final hearing on approval of the proposed plan or
2259 plan amendment and engineer’s report shall be duly noticed and
2260 held at a regularly scheduled board of supervisors meeting at
2261 least 25 days but no later than 60 days after the last scheduled
2262 publication of the notice of filing of the engineer’s report
2263 with the secretary of the district.
2264
2265 Date of first publication: ........, ...(year)...
2266 ............................................
2267 (Chair or President, Board of Supervisors)
2268 ................ County, Florida
2269 (6) Upon the filing of the engineer’s report, the board of
2270 supervisors shall give notice thereof by arranging the
2271 publication of the notice of filing of the engineer’s report
2272 together with a geographical depiction of the district once a
2273 week for 2 consecutive weeks in a newspaper of general
2274 circulation in each county in the district or by publishing such
2275 notice daily for 3 consecutive weeks on a publicly accessible
2276 website maintained by the entity responsible for such
2277 publication. A location map or legal description of the land
2278 shall constitute a geographical depiction. The notice must be
2279 substantially as follows:
2280 Notice of Filing Engineer’s Report for
2281 ................ District
2282
2283 Notice is given to all persons interested in the following
2284 described land and property in ........ County (or Counties),
2285 Florida, viz.: ...(Here describe land and property)... included
2286 within the ............ district that the engineer hereto
2287 appointed to determine benefits and damages to the property and
2288 lands situated in the district and to determine the estimated
2289 cost of construction required by the water control plan, within
2290 or without the limits of the district, under the proposed water
2291 control plan or plan amendment, filed her or his report in the
2292 office of the secretary of the district, located at ...(list
2293 address of district offices)..., on the ........ day of
2294 ............, ...(year)..., and you may examine the report and
2295 file written objections with the secretary of the district to
2296 all, or any part thereof, on or before ......(enter date 20 days
2297 after the last scheduled publication of this notice, if
2298 published in the newspaper, or if published on the website,
2299 enter date 60 days after the initial publication on the website,
2300 which date must be before the date of the final hearing).... The
2301 report recommends ...(describe benefits and damages).... A final
2302 hearing to consider approval of the report and proposed water
2303 control plan or plan amendment shall be held ...(time, place,
2304 and date at least 25 days but no later than 60 days after the
2305 last scheduled newspaper publication of this notice, or if
2306 published on the website, no less than 60 days after the initial
2307 publication on the website)....
2308
2309 Date of first publication: ........, ...(year)...
2310 ............................................
2311 (Chair or President, Board of Supervisors)
2312 ................ County, Florida
2313 Section 59. Subsection (3) of section 348.243, Florida
2314 Statutes, is amended to read:
2315 348.243 Purposes and powers.—
2316 (3) Any provision in this part or any other provision of
2317 law to the contrary notwithstanding, the consent of any
2318 municipality is not necessary for any project of the authority,
2319 whether or not the project lies in whole or in part within the
2320 boundaries of the municipality. However, the officials and
2321 residents of any municipality in which any project of the
2322 authority is to be located, in whole or in part, shall be given
2323 ample opportunity to discuss the project and advise the
2324 authority as to their positions thereon at a duly advertised
2325 public hearing. Advertisement of the public hearing shall be by
2326 publication on a publicly accessible website maintained by the
2327 entity responsible for publication daily during the 2 weeks
2328 immediately preceding the public hearing, or by way of a
2329 newspaper published in Broward County and circulated in the
2330 affected municipality. If published in a newspaper, the legal
2331 notice and display advertisement shall be published at least 2
2332 weeks before the public hearing. Advertisement of the public
2333 hearing and shall contain the time and place of the public
2334 hearing and a short description of the subject to be discussed.
2335 The public hearing may be adjourned from time to time and set
2336 for a time and place certain without the necessity of further
2337 advertisement. In routing and locating any expressway or its
2338 interchanges in or through a municipality, the authority shall
2339 give due regard to the effect of such location on the
2340 municipality as a whole and shall not unreasonably split,
2341 divide, or otherwise separate areas of the municipality one from
2342 the other.
2343 Section 60. Subsection (4) of section 348.83, Florida
2344 Statutes, is amended to read:
2345 348.83 Purposes and powers.—
2346 (4) Anything in this part or any other provision of the law
2347 to the contrary notwithstanding, the consent of any municipality
2348 shall not be necessary for any project of the authority, whether
2349 or not the project lies within the boundaries of any
2350 municipality either in whole or in part. However, the officials
2351 and residents of any municipality in which any project of the
2352 authority is to be located in whole or in part shall be given
2353 ample opportunity to discuss the project and advise the
2354 authority as to their position thereon at a duly advertised
2355 public hearing. Advertisement of said public hearing shall be by
2356 publication on a publicly accessible website maintained by the
2357 entity responsible for publication daily during the 2 weeks
2358 immediately preceding the public hearing or by way of a
2359 newspaper published in Pasco County and circulated in the
2360 affected municipalities. If published in a newspaper, the Said
2361 legal advertisement shall be published once at least 2 weeks
2362 before prior to the public hearing. Advertisement of the public
2363 hearing and shall contain the time and place of the public
2364 hearing and a short description of the subject to be discussed.
2365 The public hearing may be adjourned from time to time and set
2366 for a time and place certain without necessity of further
2367 advertisement.
2368 Section 61. Subsection (3) of section 348.943, Florida
2369 Statutes, is amended to read:
2370 348.943 Purposes and powers.—
2371 (3) Any provision in this part or any other provision of
2372 law to the contrary notwithstanding, the consent of any
2373 municipality is not necessary for any project of the authority,
2374 whether or not the project lies in whole or in part within the
2375 boundaries of the municipality. However, the officials and
2376 residents of any municipality in which any project of the
2377 authority is to be located, in whole or in part, shall be given
2378 ample opportunity to discuss the project and advise the
2379 authority as to their positions thereon at a duly advertised
2380 public hearing. Advertisement of the public hearing shall be by
2381 publication on a publicly accessible website maintained by the
2382 entity responsible for publication daily during the 2 weeks
2383 immediately preceding the public hearing or by way of a
2384 newspaper published in St. Lucie County and circulated in the
2385 affected municipality. If published in a newspaper, the legal
2386 notice and display advertisement shall be published at least 2
2387 weeks before the public hearing. Advertisement of the public
2388 hearing and shall contain the time and place of the public
2389 hearing and a short description of the subject to be discussed.
2390 The public hearing may be adjourned from time to time and set
2391 for a time and place certain without the necessity of further
2392 advertisement. In routing and locating any expressway or its
2393 interchanges in or through a municipality, the authority shall
2394 give due regard to the effect of such location on the
2395 municipality as a whole and shall not unreasonably split,
2396 divide, or otherwise separate areas of the municipality one from
2397 the other.
2398 Section 62. Subsection (4) of section 348.953, Florida
2399 Statutes, is amended to read:
2400 348.953 Purposes and powers.—
2401 (4) Anything in this part or any other provision of the law
2402 to the contrary notwithstanding, the consent of any municipality
2403 shall not be necessary for any project of the authority, whether
2404 or not the project lies within the boundaries of any
2405 municipality, either in whole or in part. However, the officials
2406 and residents of any municipality in which any project of the
2407 authority is to be located, in whole or in part, shall be given
2408 ample opportunity to discuss the project and advise the
2409 authority as to their position thereon at a duly advertised
2410 public hearing. Advertisement of the public hearing shall be by
2411 publication on a publicly accessible website maintained by the
2412 entity responsible for publication daily during the 2 weeks
2413 immediately preceding the public hearing or by way of a
2414 newspaper published in Seminole County and circulated in the
2415 affected municipalities. If published in a newspaper, the legal
2416 advertisement shall be published once at least 2 weeks before
2417 prior to the public hearing. Advertisement of the public hearing
2418 and shall contain the time and place of the public hearing and a
2419 short description of the subject to be discussed. The public
2420 hearing may be adjourned from time to time and set for a time
2421 and place certain without necessity of further advertisement. In
2422 routing and locating any expressway or its interchanges in or
2423 through a municipality, the authority shall give due regard to
2424 the effect of such location on the municipality as a whole and
2425 shall not unreasonably split, divide, or otherwise separate
2426 areas of the municipality one from the other.
2427 Section 63. Subsection (3) of section 348.968, Florida
2428 Statutes, is amended to read:
2429 348.968 Purposes and powers.—
2430 (3) Any provision in this part or any other provision of
2431 law to the contrary notwithstanding, the consent of any
2432 municipality is not necessary for any project of the authority,
2433 whether or not the project lies in whole or in part within the
2434 boundaries of the municipality. However, the officials and
2435 residents of any municipality in which any project of the
2436 authority is to be located, in whole or in part, shall be given
2437 ample opportunity to discuss the project and advise the
2438 authority as to their positions thereon at a duly advertised
2439 public hearing. Advertisement of the public hearing shall be by
2440 publication on a publicly accessible website maintained by the
2441 entity responsible for publication daily during the 2 weeks
2442 immediately preceding the public hearing or by way of a
2443 newspaper published in Santa Rosa County and circulated in the
2444 affected municipality. If published in a newspaper, the legal
2445 notice and display advertisement shall be published at least 2
2446 weeks before the public hearing. Advertisement of the public
2447 hearing and shall contain the time and place of the public
2448 hearing and a short description of the subject to be discussed.
2449 The public hearing may be adjourned from time to time and set
2450 for a time and place certain without the necessity of further
2451 advertisement. In routing and locating any expressway or its
2452 interchanges in or through a municipality, the authority shall
2453 give due regard to the effect of such location on the
2454 municipality as a whole and shall not unreasonably split,
2455 divide, or otherwise separate areas of the municipality one from
2456 the other.
2457 Section 64. Paragraph (a) of subsection (2) of section
2458 350.81, Florida Statutes, is amended to read:
2459 350.81 Communications services offered by governmental
2460 entities.—
2461 (2)(a) A governmental entity that proposes to provide a
2462 communications service shall hold no less than two public
2463 hearings, which shall be held not less than 30 days apart. At
2464 least 30 days before the first of the two public hearings, the
2465 governmental entity must give notice of the hearing by
2466 publication in the predominant newspaper of general circulation
2467 in the area considered for service or by publication daily
2468 during the 30 days immediately preceding the first of the two
2469 public hearings on a publicly accessible website maintained by
2470 the entity responsible for such publication. At least 40 days
2471 before the first public hearing, the governmental entity must
2472 electronically provide notice to the Department of Revenue and
2473 the Public Service Commission, which shall post the notice on
2474 the department’s and the commission’s website to be available to
2475 the public. The Department of Revenue shall also send the notice
2476 by United States Postal Service to the known addresses for all
2477 dealers of communications services registered with the
2478 department under chapter 202 or provide an electronic
2479 notification, if the means are available, within 10 days after
2480 receiving the notice. The notice must include the time and place
2481 of the hearings and must state that the purpose of the hearings
2482 is to consider whether the governmental entity will provide
2483 communications services. The notice must include, at a minimum,
2484 the geographic areas proposed to be served by the governmental
2485 entity and the services, if any, which the governmental entity
2486 believes are not currently being adequately provided. The notice
2487 must also state that any dealer who wishes to do so may appear
2488 and be heard at the public hearings.
2489 Section 65. Paragraph (c) of subsection (8) of section
2490 373.4592, Florida Statutes, is amended to read:
2491 373.4592 Everglades improvement and management.—
2492 (8) SPECIAL ASSESSMENTS.—
2493 (c) The district shall publish notice of the certification
2494 of the non-ad valorem assessment roll pursuant to chapter 197 in
2495 a newspaper of general circulation in the counties wherein the
2496 assessment is being levied, within 1 week after the district
2497 certifies the non-ad valorem assessment roll to the tax
2498 collector pursuant to s. 197.3632(5), or on a publicly
2499 accessible website maintained by the district during the week
2500 after the district certifies the non-ad valorem assessment roll
2501 to the tax collector. The assessments levied pursuant to
2502 paragraph (a) shall be final and conclusive as to each lot or
2503 parcel unless the owner thereof shall, within 90 days after of
2504 certification of the non-ad valorem assessment roll pursuant to
2505 s. 197.3632(5), commence an action in circuit court. Absent such
2506 commencement of an action within such period of time by an owner
2507 of a lot or parcel, such owner shall thereafter be estopped to
2508 raise any question related to the special benefit afforded the
2509 property or the reasonableness of the amount of the assessment.
2510 Except with respect to an owner who has commenced such an
2511 action, the non-ad valorem assessment roll as finally adopted
2512 and certified by the South Florida Water Management District to
2513 the tax collector pursuant to s. 197.3632(5) shall be competent
2514 and sufficient evidence that the assessments were duly levied
2515 and that all other proceedings adequate to the adoption of the
2516 non-ad valorem assessment roll were duly held, taken, and
2517 performed as required by s. 197.3632. If any assessment is
2518 abated in whole or in part by the court, the amount by which the
2519 assessment is so reduced may, by resolution of the governing
2520 board of the district, be payable from funds of the district
2521 legally available for that purpose, or at the discretion of the
2522 governing board of the district, assessments may be increased in
2523 the manner provided in s. 197.3632.
2524 Section 66. Subsection (2) of section 373.45924, Florida
2525 Statutes, is amended to read:
2526 373.45924 South Florida Water Management District;
2527 Everglades truth in borrowing.—
2528 (2) Whenever the South Florida Water Management District
2529 proposes to borrow or to otherwise finance with debt any fixed
2530 capital outlay projects or operating capital outlay for purposes
2531 pursuant to s. 373.4592, it shall develop the following
2532 documents to explain the issuance of a debt or obligation:
2533 (a) A summary of outstanding debt, including borrowing.
2534 (b) A statement of proposed financing, which shall include
2535 the following items:
2536 1. A listing of the purpose of the debt or obligation.
2537 2. The source of repayment of the debt or obligation.
2538 3. The principal amount of the debt or obligation.
2539 4. The interest rate on the debt or obligation.
2540 5. A schedule of annual debt service payments for each
2541 proposed debt or obligation.
2542 (c) A truth-in-borrowing statement, developed from the
2543 information compiled pursuant to this section, in substantially
2544 the following form:
2545
2546 The South Florida Water Management District is proposing to
2547 incur $...(insert principal)... of debt or obligation through
2548 borrowing for the purpose of ...(insert purpose).... This debt
2549 or obligation is expected to be repaid over a period of
2550 ...(insert term of issue from subparagraph (b)5.)... years from
2551 the following sources: ...(list sources).... At a forecasted
2552 interest rate of ...(insert rate of interest from subparagraph
2553 (b)4.)..., total interest paid over the life of the debt or
2554 obligation will be $...(insert sum of interest payments)....
2555
2556 The truth-in-borrowing statement shall be published as a notice
2557 in one or more newspapers having a combined general circulation
2558 in the counties having land in the district or on a publicly
2559 accessible website maintained by the district. If advertised in
2560 a newspaper, such notice must be at least 6 inches square in
2561 size and shall not be placed in that portion of the newspaper
2562 where legal notices and classified advertisements appear.
2563 Section 67. Paragraphs (a), (b), (c), and (d) of subsection
2564 (3) of section 373.536, Florida Statutes, are amended to read:
2565 373.536 District budget and hearing thereon.—
2566 (3) BUDGET HEARINGS AND WORKSHOPS; NOTICE.—
2567 (a) Unless alternative notice requirements are otherwise
2568 provided by law, notice of all budget hearings conducted by the
2569 governing board or district staff must be published in a
2570 newspaper of general paid circulation in each county in which
2571 the district lies not less than 5 days nor more than 15 days
2572 before the hearing or published daily during the 15 days before
2573 the hearing on a publicly accessible website maintained by the
2574 district.
2575 (b) Budget workshops conducted for the public and not
2576 governed by s. 200.065 must be advertised in a newspaper of
2577 general paid circulation in the community or area in which the
2578 workshop will occur not less than 5 days nor more than 15 days
2579 before the workshop or published daily during the 15 days before
2580 the hearing on a publicly accessible website maintained by the
2581 district.
2582 (c) The tentative budget shall be adopted in accordance
2583 with the provisions of s. 200.065; however, if the mailing of
2584 the notice of proposed property taxes is delayed beyond
2585 September 3 in any county in which the district lies, the
2586 district shall advertise its intention to adopt a tentative
2587 budget and millage rate, pursuant to s. 200.065(3)(g), in a
2588 newspaper of general paid circulation in that county or on a
2589 publicly accessible website maintained by the district.
2590 (d) As provided in s. 200.065(2)(d), the board shall
2591 publish one or more notices of its intention to adopt a final
2592 budget for the district for the ensuing fiscal year. The notice
2593 shall appear adjacent to an advertisement that sets forth the
2594 tentative budget in a format meeting the budget summary
2595 requirements of s. 129.03(3)(b). The district shall not include
2596 expenditures of federal special revenues and state special
2597 revenues when preparing the statement required by s.
2598 200.065(3)(l). The notice and advertisement shall be published
2599 in one or more newspapers having a combined general paid
2600 circulation in each county in which the district lies or on a
2601 publicly accessible website maintained by the district.
2602 Districts may include explanatory phrases and examples in budget
2603 advertisements published under s. 200.065 to clarify or
2604 illustrate the effect that the district budget may have on ad
2605 valorem taxes.
2606 Section 68. Paragraphs (a) and (b) of subsection (2) of
2607 section 376.80, Florida Statutes, are amended to read:
2608 376.80 Brownfield program administration process.—
2609 (2)(a) If a local government proposes to designate a
2610 brownfield area that is outside community redevelopment areas,
2611 enterprise zones, empowerment zones, closed military bases, or
2612 designated brownfield pilot project areas, the local government
2613 shall adopt the resolution and conduct the public hearings in
2614 accordance with the requirements of subsection (1), except at
2615 least one of the required public hearings shall be conducted as
2616 close as reasonably practicable to the area to be designated to
2617 provide an opportunity for public input on the size of the area,
2618 the objectives for rehabilitation, job opportunities and
2619 economic developments anticipated, neighborhood residents’
2620 considerations, and other relevant local concerns. Notice of the
2621 public hearing must be made in a newspaper of general
2622 circulation in the area or on a publicly accessible website
2623 maintained by the local government. If published in a newspaper,
2624 and the notice must be at least 16 square inches in size. Notice
2625 of the public hearing, must be in ethnic newspapers or local
2626 community bulletins, must be posted in the affected area, and
2627 must be announced at a scheduled meeting of the local governing
2628 body before the actual public hearing. In determining the areas
2629 to be designated, the local government must consider:
2630 1. Whether the brownfield area warrants economic
2631 development and has a reasonable potential for such activities;
2632 2. Whether the proposed area to be designated represents a
2633 reasonably focused approach and is not overly large in
2634 geographic coverage;
2635 3. Whether the area has potential to interest the private
2636 sector in participating in rehabilitation; and
2637 4. Whether the area contains sites or parts of sites
2638 suitable for limited recreational open space, cultural, or
2639 historical preservation purposes.
2640 (b) A local government shall designate a brownfield area
2641 under the provisions of this act provided that:
2642 1. A person who owns or controls a potential brownfield
2643 site is requesting the designation and has agreed to
2644 rehabilitate and redevelop the brownfield site;
2645 2. The rehabilitation and redevelopment of the proposed
2646 brownfield site will result in economic productivity of the
2647 area, along with the creation of at least 5 new permanent jobs
2648 at the brownfield site that are full-time equivalent positions
2649 not associated with the implementation of the brownfield site
2650 rehabilitation agreement and that are not associated with
2651 redevelopment project demolition or construction activities
2652 pursuant to the redevelopment of the proposed brownfield site or
2653 area. However, the job creation requirement shall not apply to
2654 the rehabilitation and redevelopment of a brownfield site that
2655 will provide affordable housing as defined in s. 420.0004 or the
2656 creation of recreational areas, conservation areas, or parks;
2657 3. The redevelopment of the proposed brownfield site is
2658 consistent with the local comprehensive plan and is a
2659 permittable use under the applicable local land development
2660 regulations;
2661 4. Notice of the proposed rehabilitation of the brownfield
2662 area has been provided to neighbors and nearby residents of the
2663 proposed area to be designated, and the person proposing the
2664 area for designation has afforded to those receiving notice the
2665 opportunity for comments and suggestions about rehabilitation.
2666 Notice pursuant to this subparagraph must be made on a publicly
2667 accessible website maintained by the entity responsible for
2668 publication or in a newspaper of general circulation in the
2669 area. The notice must be, at least 16 square inches in size, and
2670 the notice must be posted in the affected area; and
2671 5. The person proposing the area for designation has
2672 provided reasonable assurance that he or she has sufficient
2673 financial resources to implement and complete the rehabilitation
2674 agreement and redevelopment of the brownfield site.
2675 Section 69. Subsection (3) of section 379.2425, Florida
2676 Statutes, is amended to read:
2677 379.2425 Spearfishing; definition; limitations; penalty.—
2678 (3) The Fish and Wildlife Conservation Commission shall
2679 have the power to establish restricted areas when it is
2680 determined that safety hazards exist or when needs are
2681 determined by biological findings. Restricted areas shall be
2682 established only after an investigation has been conducted and
2683 upon application by the governing body of the county or
2684 municipality in which the restricted areas are to be located and
2685 one publication in a local newspaper of general circulation in
2686 said county or municipality or on a publicly accessible website
2687 maintained by the entity responsible for publication, in
2688 addition to any other notice required by law. Before Prior to
2689 promulgation of regulations, the local governing body of the
2690 area affected shall agree to post and maintain notices in the
2691 area affected.
2692 Section 70. Paragraph (e) of subsection (25) of section
2693 380.06, Florida Statutes, is amended to read:
2694 380.06 Developments of regional impact.—
2695 (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
2696 (e) The local government shall schedule a public hearing
2697 within 60 days after receipt of the petition. The public hearing
2698 shall be advertised at least 30 days before prior to the
2699 hearing. In addition to the public hearing notice by the local
2700 government, the petitioner, except when the petitioner is a
2701 local government, shall provide actual notice to each person
2702 owning land within the proposed areawide development plan at
2703 least 30 days before prior to the hearing. If the petitioner is
2704 a local government, or local governments pursuant to an
2705 interlocal agreement, notice of the public hearing shall be
2706 provided by the publication of an advertisement on a publicly
2707 accessible website maintained by the entity responsible for
2708 publication or in a newspaper of general circulation that meets
2709 the requirements of this paragraph. The newspaper advertisement
2710 must be no less than one-quarter page in a standard size or
2711 tabloid size newspaper, and the headline in the newspaper
2712 advertisement must be in type no smaller than 18 point. The
2713 newspaper advertisement may shall not be published in that
2714 portion of the newspaper where legal notices and classified
2715 advertisements appear. The advertisement must be published on a
2716 publicly accessible website maintained by the entity responsible
2717 for publication or in a newspaper of general paid circulation in
2718 the county and of general interest and readership in the
2719 community, not one of limited subject matter, pursuant to
2720 chapter 50. Whenever possible, the newspaper advertisement must
2721 appear in a newspaper that is published at least 5 days a week,
2722 unless the only newspaper in the community is published less
2723 than 5 days a week. The advertisement must be in substantially
2724 the form used to advertise amendments to comprehensive plans
2725 pursuant to s. 163.3184. The local government shall specifically
2726 notify in writing the regional planning agency and the state
2727 land planning agency at least 30 days before prior to the public
2728 hearing. At the public hearing, all interested parties may
2729 testify and submit evidence regarding the petitioner’s
2730 qualifications, the need for and benefits of an areawide
2731 development of regional impact, and such other issues relevant
2732 to a full consideration of the petition. If more than one local
2733 government has jurisdiction over the defined planning area in an
2734 areawide development plan, the local governments shall hold a
2735 joint public hearing. Such hearing shall address, at a minimum,
2736 the need to resolve conflicting ordinances or comprehensive
2737 plans, if any. The local government holding the joint hearing
2738 shall comply with the following additional requirements:
2739 1. The notice of the hearing shall be published at least 60
2740 days in advance of the hearing and shall specify where the
2741 petition may be reviewed.
2742 2. The notice shall be given to the state land planning
2743 agency, to the applicable regional planning agency, and to such
2744 other persons as may have been designated by the state land
2745 planning agency as entitled to receive such notices.
2746 3. A public hearing date shall be set by the appropriate
2747 local government at the next scheduled meeting.
2748 Section 71. Paragraph (a) of subsection (2) of section
2749 403.973, Florida Statutes, is amended to read:
2750 403.973 Expedited permitting; comprehensive plan
2751 amendments.—
2752 (2) As used in this section, the term:
2753 (a) “Duly noticed” means publication on a publicly
2754 accessible website maintained by the municipality or county
2755 having jurisdiction or in a newspaper of general circulation in
2756 the municipality or county having with jurisdiction. If
2757 published in a newspaper, the notice shall appear on at least 2
2758 separate days, one of which shall be at least 7 days before the
2759 meeting. If published on a publicly accessible website, the
2760 notice shall appear daily during the 7 days immediately
2761 preceding the meeting. The notice shall state the date, time,
2762 and place of the meeting scheduled to discuss or enact the
2763 memorandum of agreement, and the places within the municipality
2764 or county where such proposed memorandum of agreement may be
2765 inspected by the public. The newspaper notice must be one-eighth
2766 of a page in size and must be published in a portion of the
2767 paper other than the legal notices section. The notice shall
2768 also advise that interested parties may appear at the meeting
2769 and be heard with respect to the memorandum of agreement.
2770 Section 72. Paragraph (b) of subsection (4) of section
2771 420.9075, Florida Statutes, is amended to read:
2772 420.9075 Local housing assistance plans; partnerships.—
2773 (4) Each local housing assistance plan is governed by the
2774 following criteria and administrative procedures:
2775 (b) The county or eligible municipality or its
2776 administrative representative shall advertise the notice of
2777 funding availability in a newspaper of general circulation and
2778 periodicals serving ethnic and diverse neighborhoods, at least
2779 30 days before the beginning of the application period or daily
2780 during the 30 days immediately preceding the application period
2781 on a publicly accessible website maintained by the county or
2782 eligible municipality. If no funding is available due to a
2783 waiting list, no notice of funding availability is required.
2784 Section 73. Paragraph (b) of subsection (4) of section
2785 553.73, Florida Statutes, is amended to read:
2786 553.73 Florida Building Code.—
2787 (4)
2788 (b) Local governments may, subject to the limitations of
2789 this section, adopt amendments to the technical provisions of
2790 the Florida Building Code which apply solely within the
2791 jurisdiction of such government and which provide for more
2792 stringent requirements than those specified in the Florida
2793 Building Code, not more than once every 6 months. A local
2794 government may adopt technical amendments that address local
2795 needs if:
2796 1. The local governing body determines, following a public
2797 hearing which has been advertised in a newspaper of general
2798 circulation at least 10 days before the hearing or daily during
2799 the 10 days immediately preceding the hearing on a publicly
2800 accessible website maintained by the local government, that
2801 there is a need to strengthen the requirements of the Florida
2802 Building Code. The determination must be based upon a review of
2803 local conditions by the local governing body, which review
2804 demonstrates by evidence or data that the geographical
2805 jurisdiction governed by the local governing body exhibits a
2806 local need to strengthen the Florida Building Code beyond the
2807 needs or regional variation addressed by the Florida Building
2808 Code, that the local need is addressed by the proposed local
2809 amendment, and that the amendment is no more stringent than
2810 necessary to address the local need.
2811 2. Such additional requirements are not discriminatory
2812 against materials, products, or construction techniques of
2813 demonstrated capabilities.
2814 3. Such additional requirements may not introduce a new
2815 subject not addressed in the Florida Building Code.
2816 4. The enforcing agency shall make readily available, in a
2817 usable format, all amendments adopted pursuant to this section.
2818 5. Any amendment to the Florida Building Code shall be
2819 transmitted within 30 days by the adopting local government to
2820 the commission. The commission shall maintain copies of all such
2821 amendments in a format that is usable and obtainable by the
2822 public. Local technical amendments shall not become effective
2823 until 30 days after the amendment has been received and
2824 published by the commission.
2825 6. Any amendment to the Florida Building Code adopted by a
2826 local government pursuant to this paragraph shall be effective
2827 only until the adoption by the commission of the new edition of
2828 the Florida Building Code every third year. At such time, the
2829 commission shall review such amendment for consistency with the
2830 criteria in paragraph (8)(a) and adopt such amendment as part of
2831 the Florida Building Code or rescind the amendment. The
2832 commission shall immediately notify the respective local
2833 government of the rescission of any amendment. After receiving
2834 such notice, the respective local government may readopt the
2835 rescinded amendment pursuant to the provisions of this
2836 paragraph.
2837 7. Each county and municipality desiring to make local
2838 technical amendments to the Florida Building Code shall by
2839 interlocal agreement establish a countywide compliance review
2840 board to review any amendment to the Florida Building Code,
2841 adopted by a local government within the county pursuant to this
2842 paragraph, that is challenged by any substantially affected
2843 party for purposes of determining the amendment’s compliance
2844 with this paragraph. If challenged, the local technical
2845 amendments shall not become effective until time for filing an
2846 appeal pursuant to subparagraph 8. has expired or, if there is
2847 an appeal, until the commission issues its final order
2848 determining the adopted amendment is in compliance with this
2849 subsection.
2850 8. If the compliance review board determines such amendment
2851 is not in compliance with this paragraph, the compliance review
2852 board shall notify such local government of the noncompliance
2853 and that the amendment is invalid and unenforceable until the
2854 local government corrects the amendment to bring it into
2855 compliance. The local government may appeal the decision of the
2856 compliance review board to the commission. If the compliance
2857 review board determines such amendment to be in compliance with
2858 this paragraph, any substantially affected party may appeal such
2859 determination to the commission. Any such appeal shall be filed
2860 with the commission within 14 days of the board’s written
2861 determination. The commission shall promptly refer the appeal to
2862 the Division of Administrative Hearings for the assignment of an
2863 administrative law judge. The administrative law judge shall
2864 conduct the required hearing within 30 days, and shall enter a
2865 recommended order within 30 days of the conclusion of such
2866 hearing. The commission shall enter a final order within 30 days
2867 thereafter. The provisions of chapter 120 and the uniform rules
2868 of procedure shall apply to such proceedings. The local
2869 government adopting the amendment that is subject to challenge
2870 has the burden of proving that the amendment complies with this
2871 paragraph in proceedings before the compliance review board and
2872 the commission, as applicable. Actions of the commission are
2873 subject to judicial review pursuant to s. 120.68. The compliance
2874 review board shall determine whether its decisions apply to a
2875 respective local jurisdiction or apply countywide.
2876 9. An amendment adopted under this paragraph shall include
2877 a fiscal impact statement which documents the costs and benefits
2878 of the proposed amendment. Criteria for the fiscal impact
2879 statement shall include the impact to local government relative
2880 to enforcement, the impact to property and building owners, as
2881 well as to industry, relative to the cost of compliance. The
2882 fiscal impact statement may not be used as a basis for
2883 challenging the amendment for compliance.
2884 10. In addition to subparagraphs 7. and 9., the commission
2885 may review any amendments adopted pursuant to this subsection
2886 and make nonbinding recommendations related to compliance of
2887 such amendments with this subsection.
2888 Section 74. Paragraph (a) of subsection (4) of section
2889 633.025, Florida Statutes, is amended to read:
2890 633.025 Minimum firesafety standards.—
2891 (4) Such codes shall be minimum codes and a municipality,
2892 county, or special district with firesafety responsibilities may
2893 adopt more stringent firesafety standards, subject to the
2894 requirements of this subsection. Such county, municipality, or
2895 special district may establish alternative requirements to those
2896 requirements which are required under the minimum firesafety
2897 standards on a case-by-case basis, in order to meet special
2898 situations arising from historic, geographic, or unusual
2899 conditions, if the alternative requirements result in a level of
2900 protection to life, safety, or property equal to or greater than
2901 the applicable minimum firesafety standards. For the purpose of
2902 this subsection, the term “historic” means that the building or
2903 structure is listed on the National Register of Historic Places
2904 of the United States Department of the Interior.
2905 (a) The local governing body shall determine, following a
2906 public hearing that which has been advertised in a newspaper of
2907 general circulation at least 10 days before the hearing or daily
2908 on a publicly accessible website maintained by the local
2909 government during the 10 days immediately preceding the hearing,
2910 if there is a need to strengthen the requirements of the minimum
2911 firesafety code adopted by such governing body. The
2912 determination must be based upon a review of local conditions by
2913 the local governing body, which review demonstrates that local
2914 conditions justify more stringent requirements than those
2915 specified in the minimum firesafety code for the protection of
2916 life and property or justify requirements that meet special
2917 situations arising from historic, geographic, or unusual
2918 conditions.
2919
2920 This subsection gives local government the authority to
2921 establish firesafety codes that exceed the minimum firesafety
2922 codes and standards adopted by the State Fire Marshal. The
2923 Legislature intends that local government give proper public
2924 notice and hold public hearings before adopting more stringent
2925 firesafety codes and standards. A substantially affected person
2926 may appeal, to the department, the local government’s resolution
2927 of the challenge, and the department shall determine if the
2928 amendment complies with this section. Actions of the department
2929 are subject to judicial review pursuant to s. 120.68. The
2930 department shall consider reports of the Florida Building
2931 Commission, pursuant to part IV of chapter 553, when evaluating
2932 building code enforcement.
2933 Section 75. Paragraph (b) of subsection (2) of section
2934 705.103, Florida Statutes, is amended to read:
2935 705.103 Procedure for abandoned or lost property.—
2936 (2) Whenever a law enforcement officer ascertains that an
2937 article of lost or abandoned property is present on public
2938 property and is of such nature that it cannot be easily removed,
2939 the officer shall cause a notice to be placed upon such article
2940 in substantially the following form:
2941
2942 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
2943 PROPERTY. This property, to wit: ...(setting forth brief
2944 description)... is unlawfully upon public property known as
2945 ...(setting forth brief description of location)... and must be
2946 removed within 5 days; otherwise, it will be removed and
2947 disposed of pursuant to chapter 705, Florida Statutes. The owner
2948 will be liable for the costs of removal, storage, and
2949 publication of notice. Dated this: ...(setting forth the date of
2950 posting of notice)..., signed: ...(setting forth name, title,
2951 address, and telephone number of law enforcement officer)....
2952
2953 Such notice shall be not less than 8 inches by 10 inches and
2954 shall be sufficiently weatherproof to withstand normal exposure
2955 to the elements. In addition to posting, the law enforcement
2956 officer shall make a reasonable effort to ascertain the name and
2957 address of the owner. If such is reasonably available to the
2958 officer, she or he shall mail a copy of such notice to the owner
2959 on or before the date of posting. If the property is a motor
2960 vehicle as defined in s. 320.01(1) or a vessel as defined in s.
2961 327.02, the law enforcement agency shall contact the Department
2962 of Highway Safety and Motor Vehicles in order to determine the
2963 name and address of the owner and any person who has filed a
2964 lien on the vehicle or vessel as provided in s. 319.27(2) or (3)
2965 or s. 328.15(1). On receipt of this information, the law
2966 enforcement agency shall mail a copy of the notice by certified
2967 mail, return receipt requested, to the owner and to the
2968 lienholder, if any. If, at the end of 5 days after posting the
2969 notice and mailing such notice, if required, the owner or any
2970 person interested in the lost or abandoned article or articles
2971 described has not removed the article or articles from public
2972 property or shown reasonable cause for failure to do so, the
2973 following shall apply:
2974 (b) For lost property, the officer shall take custody and
2975 the agency shall retain custody of the property for 90 days. The
2976 agency shall publish notice of the intended disposition of the
2977 property, as provided in this section, during the first 45 days
2978 of this time period.
2979 1. If the agency elects to retain the property for use by
2980 the unit of government, donate the property to a charitable
2981 organization, surrender such property to the finder, sell the
2982 property, or trade the property to another unit of local
2983 government or state agency, notice of such election shall be
2984 given by an advertisement published daily for 2 consecutive
2985 weeks on a publicly accessible website maintained by the entity
2986 responsible for publication or once a week for 2 consecutive
2987 weeks in a newspaper of general circulation in the county where
2988 the property was found if the value of the property is more than
2989 $100. If the value of the property is $100 or less, notice shall
2990 be given by posting a description of the property at the law
2991 enforcement agency where the property was turned in. The notice
2992 must be posted for not less than 2 consecutive weeks in a public
2993 place designated by the law enforcement agency. The notice must
2994 describe the property in a manner reasonably adequate to permit
2995 the rightful owner of the property to claim it.
2996 2. If the agency elects to sell the property, it must do so
2997 at public sale by competitive bidding. Notice of the time and
2998 place of the sale shall be given by an advertisement of the sale
2999 published daily for the 4 consecutive weeks immediately
3000 preceding the sale on a publicly accessible website maintained
3001 by the entity responsible for publication or once a week for 2
3002 consecutive weeks in a newspaper of general circulation in the
3003 county where the sale is to be held. The notice shall include a
3004 statement that the sale shall be subject to any and all liens.
3005 The sale must be held at the nearest suitable place to that
3006 where the lost or abandoned property is held or stored. The
3007 advertisement must include a description of the goods and the
3008 time and place of the sale. If advertised in the newspaper, the
3009 sale may take place no earlier than 10 days after the final
3010 publication. If there is no publicly accessible website
3011 maintained by the entity responsible for publication or
3012 newspaper of general circulation in the county where the sale is
3013 to be held, the advertisement shall be posted at the door of the
3014 courthouse and at three other public places in the county at
3015 least 10 days before the prior to sale. Notice of the agency’s
3016 intended disposition shall describe the property in a manner
3017 reasonably adequate to permit the rightful owner of the property
3018 to identify it.
3019 Section 76. Subsection (2) of section 715.109, Florida
3020 Statutes, is amended to read:
3021 715.109 Sale or disposition of abandoned property.—
3022 (2) Notice of the time and place of the public sale shall
3023 be given by an advertisement of the sale published once a week
3024 for 2 two consecutive weeks in a newspaper of general
3025 circulation where the sale is to be held or publication daily
3026 during the 4 weeks immediately preceding the sale on a publicly
3027 accessible website maintained by the entity responsible for
3028 publication. The sale must be held at the nearest suitable place
3029 to that where the personal property is held or stored. The
3030 advertisement must include a description of the goods, the name
3031 of the former tenant, and the time and place of the sale. If
3032 advertised in a newspaper, the sale must take place at least 10
3033 days after the first publication. If there is no newspaper of
3034 general circulation where the sale is to be held or no publicly
3035 accessible website maintained by the governing body responsible
3036 for publication, the advertisement must be posted at least 10
3037 days before the sale in not less than six conspicuous places in
3038 the neighborhood of the proposed sale. The last publication
3039 shall be at least 5 days before the sale is to be held. Notice
3040 of sale may be published before the last of the dates specified
3041 for taking possession of the property in any notice given
3042 pursuant to s. 715.104.
3043 Section 77. For the purpose of incorporating the amendment
3044 made by this act to section 125.66, Florida Statutes, in a
3045 reference thereto, subsection (1) of section 125.56, Florida
3046 Statutes, is reenacted to read:
3047 125.56 Enforcement and amendment of the Florida Building
3048 Code and the Florida Fire Prevention Code; inspection fees;
3049 inspectors; etc.—
3050 (1) The board of county commissioners of each of the
3051 several counties of the state is authorized to enforce the
3052 Florida Building Code and the Florida Fire Prevention Code, as
3053 provided in ss. 553.80, 633.022, and 633.025, and, at its
3054 discretion, to adopt local technical amendments to the Florida
3055 Building Code, pursuant to s. 553.73(4)(b) and (c) and local
3056 technical amendments to the Florida Fire Prevention Code,
3057 pursuant to s. 633.0215, to provide for the safe construction,
3058 erection, alteration, repair, securing, and demolition of any
3059 building within its territory outside the corporate limits of
3060 any municipality. Upon a determination to consider amending the
3061 Florida Building Code or the Florida Fire Prevention Code by a
3062 majority of the members of the board of county commissioners of
3063 such county, the board shall call a public hearing and comply
3064 with the public notice requirements of s. 125.66(2). The board
3065 shall hear all interested parties at the public hearing and may
3066 then amend the building code or the fire code consistent with
3067 the terms and purposes of this act. Upon adoption, an amendment
3068 to the code shall be in full force and effect throughout the
3069 unincorporated area of such county until otherwise notified by
3070 the Florida Building Commission pursuant to s. 553.73 or the
3071 State Fire Marshal pursuant to s. 633.0215. Nothing herein
3072 contained shall be construed to prevent the board of county
3073 commissioners from repealing such amendment to the building code
3074 or the fire code at any regular meeting of such board.
3075 Section 78. For the purpose of incorporating the amendment
3076 made by this act to section 125.66, Florida Statutes, in a
3077 reference thereto, subsection (6) of section 212.054, Florida
3078 Statutes, is reenacted to read:
3079 212.054 Discretionary sales surtax; limitations,
3080 administration, and collection.—
3081 (6) The governing body of any county levying a
3082 discretionary sales surtax shall enact an ordinance levying the
3083 surtax in accordance with the procedures described in s.
3084 125.66(2).
3085 Section 79. For the purpose of incorporating the amendments
3086 made by this act to sections 125.66 and 166.041, Florida
3087 Statutes, in references thereto, subsection (18) of section
3088 163.3164, Florida Statutes, is reenacted to read:
3089 163.3164 Local Government Comprehensive Planning and Land
3090 Development Regulation Act; definitions.—As used in this act:
3091 (18) “Public notice” means notice as required by s.
3092 125.66(2) for a county or by s. 166.041(3)(a) for a
3093 municipality. The public notice procedures required in this part
3094 are established as minimum public notice procedures.
3095 Section 80. For the purpose of incorporating the amendments
3096 made by this act to sections 125.66 and 166.041, Florida
3097 Statutes, in references thereto, section 163.346, Florida
3098 Statutes, is reenacted to read:
3099 163.346 Notice to taxing authorities.—Before the governing
3100 body adopts any resolution or enacts any ordinance required
3101 under s. 163.355, s. 163.356, s. 163.357, or s. 163.387; creates
3102 a community redevelopment agency; approves, adopts, or amends a
3103 community redevelopment plan; or issues redevelopment revenue
3104 bonds under s. 163.385, the governing body must provide public
3105 notice of such proposed action pursuant to s. 125.66(2) or s.
3106 166.041(3)(a) and, at least 15 days before such proposed action,
3107 mail by registered mail a notice to each taxing authority which
3108 levies ad valorem taxes on taxable real property contained
3109 within the geographic boundaries of the redevelopment area.
3110 Section 81. For the purpose of incorporating the amendments
3111 made by this act to sections 125.66 and 166.041, Florida
3112 Statutes, in references thereto, subsection (1) of section
3113 376.80, Florida Statutes, is reenacted to read:
3114 376.80 Brownfield program administration process.—
3115 (1) A local government with jurisdiction over the
3116 brownfield area must notify the department of its decision to
3117 designate a brownfield area for rehabilitation for the purposes
3118 of ss. 376.77-376.86. The notification must include a
3119 resolution, by the local government body, to which is attached a
3120 map adequate to clearly delineate exactly which parcels are to
3121 be included in the brownfield area or alternatively a less
3122 detailed map accompanied by a detailed legal description of the
3123 brownfield area. If a property owner within the area proposed
3124 for designation by the local government requests in writing to
3125 have his or her property removed from the proposed designation,
3126 the local government shall grant the request. For
3127 municipalities, the governing body shall adopt the resolution in
3128 accordance with the procedures outlined in s. 166.041, except
3129 that the notice for the public hearings on the proposed
3130 resolution must be in the form established in s. 166.041(3)(c)2.
3131 For counties, the governing body shall adopt the resolution in
3132 accordance with the procedures outlined in s. 125.66, except
3133 that the notice for the public hearings on the proposed
3134 resolution shall be in the form established in s. 125.66(4)(b)2.
3135 Section 82. For the purpose of incorporating the amendments
3136 made by this act to section 129.06, Florida Statutes, in a
3137 reference thereto, subsection (4) of section 30.50, Florida
3138 Statutes, is reenacted to read:
3139 30.50 Payment of salaries and expenses.—
3140 (4) The sheriff shall keep necessary budget accounts and
3141 records, and shall charge all paid bills and payrolls to the
3142 proper budget accounts. The reserve for contingencies, or any
3143 part thereof, may be transferred to any of the budget
3144 appropriations, in the discretion of the sheriff. With the
3145 approval of the board of county commissioners, or of the budget
3146 commission if there is a budget commission in the county, the
3147 budget may be amended as provided for county budgets in s.
3148 129.06(2).
3149 Section 83. For the purpose of incorporating the amendment
3150 made by this act to section 129.03, Florida Statutes, in a
3151 reference thereto, paragraph (l) of subsection (3) of section
3152 200.065, Florida Statutes, is reenacted to read:
3153 200.065 Method of fixing millage.—
3154 (3) The advertisement shall be no less than one-quarter
3155 page in size of a standard size or a tabloid size newspaper, and
3156 the headline in the advertisement shall be in a type no smaller
3157 than 18 point. The advertisement shall not be placed in that
3158 portion of the newspaper where legal notices and classified
3159 advertisements appear. The advertisement shall be published in a
3160 newspaper of general paid circulation in the county or in a
3161 geographically limited insert of such newspaper. The geographic
3162 boundaries in which such insert is circulated shall include the
3163 geographic boundaries of the taxing authority. It is the
3164 legislative intent that, whenever possible, the advertisement
3165 appear in a newspaper that is published at least 5 days a week
3166 unless the only newspaper in the county is published less than 5
3167 days a week, or that the advertisement appear in a
3168 geographically limited insert of such newspaper which insert is
3169 published throughout the taxing authority’s jurisdiction at
3170 least twice each week. It is further the legislative intent that
3171 the newspaper selected be one of general interest and readership
3172 in the community and not one of limited subject matter, pursuant
3173 to chapter 50.
3174 (l) Any advertisement required pursuant to this section
3175 shall be accompanied by an adjacent notice meeting the budget
3176 summary requirements of s. 129.03(3)(b). Except for those taxing
3177 authorities proposing to levy ad valorem taxes for the first
3178 time, the following statement shall appear in the budget summary
3179 in boldfaced type immediately following the heading, if the
3180 applicable percentage is greater than zero:
3181
3182 THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of
3183 taxing authority)... ARE ...(percent rounded to one decimal
3184 place)... MORE THAN LAST YEAR’S TOTAL OPERATING EXPENDITURES.
3185
3186 For purposes of this paragraph, “proposed operating budget
3187 expenditures” or “operating expenditures” means all moneys of
3188 the local government, including dependent special districts,
3189 that:
3190 1. Were or could be expended during the applicable fiscal
3191 year, or
3192 2. Were or could be retained as a balance for future
3193 spending in the fiscal year.
3194
3195 Provided, however, those moneys held in or used in trust,
3196 agency, or internal service funds, and expenditures of bond
3197 proceeds for capital outlay or for advanced refunded debt
3198 principal, shall be excluded.
3199 Section 84. For the purpose of incorporating the amendments
3200 made by this act to section 163.3184, Florida Statutes, in a
3201 reference thereto, paragraph (a) of subsection (9) of section
3202 163.3246, Florida Statutes, is reenacted to read:
3203 163.3246 Local government comprehensive planning
3204 certification program.—
3205 (9)(a) Upon certification all comprehensive plan amendments
3206 associated with the area certified must be adopted and reviewed
3207 in the manner described in ss. 163.3184(1), (2), (7), (14),
3208 (15), and (16) and 163.3187, such that state and regional agency
3209 review is eliminated. The department may not issue any
3210 objections, recommendations, and comments report on proposed
3211 plan amendments or a notice of intent on adopted plan
3212 amendments; however, affected persons, as defined by s.
3213 163.3184(1)(a), may file a petition for administrative review
3214 pursuant to the requirements of s. 163.3187(3)(a) to challenge
3215 the compliance of an adopted plan amendment.
3216 Section 85. For the purpose of incorporating the amendments
3217 made by this act to section 163.3184, Florida Statutes, in a
3218 reference thereto, paragraph (h) of subsection (6) of section
3219 163.32465, Florida Statutes, is reenacted to read:
3220 163.32465 State review of local comprehensive plans in
3221 urban areas.—
3222 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
3223 PROGRAM.—
3224 (h) Parties to a proceeding under this section may enter
3225 into compliance agreements using the process in s. 163.3184(16).
3226 Any remedial amendment adopted pursuant to a settlement
3227 agreement shall be provided to the agencies and governments
3228 listed in paragraph (4)(a).
3229 Section 86. For the purpose of incorporating the amendments
3230 made by this act to section 163.3184, Florida Statutes, in a
3231 reference thereto, subsection (10) and paragraph (d) of
3232 subsection (12) of section 288.975, Florida Statutes, are
3233 reenacted to read:
3234 288.975 Military base reuse plans.—
3235 (10) Within 60 days after receipt of a proposed military
3236 base reuse plan, these entities shall review and provide
3237 comments to the host local government. The commencement of this
3238 review period shall be advertised in newspapers of general
3239 circulation within the host local government and any affected
3240 local government to allow for public comment. No later than 180
3241 days after receipt and consideration of all comments, and the
3242 holding of at least two public hearings, the host local
3243 government shall adopt the military base reuse plan. The host
3244 local government shall comply with the notice requirements set
3245 forth in s. 163.3184(15) to ensure full public participation in
3246 this planning process.
3247 (12) Following receipt of a petition, the petitioning party
3248 or parties and the host local government shall seek resolution
3249 of the issues in dispute. The issues in dispute shall be
3250 resolved as follows:
3251 (d) Within 45 days after receiving the report from the
3252 state land planning agency, the Administration Commission shall
3253 take action to resolve the issues in dispute. In deciding upon a
3254 proper resolution, the Administration Commission shall consider
3255 the nature of the issues in dispute, any requests for a formal
3256 administrative hearing pursuant to chapter 120, the compliance
3257 of the parties with this section, the extent of the conflict
3258 between the parties, the comparative hardships and the public
3259 interest involved. If the Administration Commission incorporates
3260 in its final order a term or condition that requires any local
3261 government to amend its local government comprehensive plan, the
3262 local government shall amend its plan within 60 days after the
3263 issuance of the order. Such amendment or amendments shall be
3264 exempt from the limitation of the frequency of plan amendments
3265 contained in s. 163.3187(1), and a public hearing on such
3266 amendment or amendments pursuant to s. 163.3184(15)(b)1. shall
3267 not be required. The final order of the Administration
3268 Commission is subject to appeal pursuant to s. 120.68. If the
3269 order of the Administration Commission is appealed, the time for
3270 the local government to amend its plan shall be tolled during
3271 the pendency of any local, state, or federal administrative or
3272 judicial proceeding relating to the military base reuse plan.
3273 Section 87. For the purpose of incorporating the amendments
3274 made by this act to section 163.3184, Florida Statutes, in a
3275 reference thereto, subsection (9) of section 420.5095, Florida
3276 Statutes, is reenacted to read:
3277 420.5095 Community Workforce Housing Innovation Pilot
3278 Program.—
3279 (9) Notwithstanding s. 163.3184(3)-(6), any local
3280 government comprehensive plan amendment to implement a Community
3281 Workforce Housing Innovation Pilot Program project found
3282 consistent with the provisions of this section shall be
3283 expedited as provided in this subsection. At least 30 days prior
3284 to adopting a plan amendment under this subsection, the local
3285 government shall notify the state land planning agency of its
3286 intent to adopt such an amendment, and the notice shall include
3287 its evaluation related to site suitability and availability of
3288 facilities and services. The public notice of the hearing
3289 required by s. 163.3184(15)(b)2. shall include a statement that
3290 the local government intends to use the expedited adoption
3291 process authorized by this subsection. Such amendments shall
3292 require only a single public hearing before the governing board,
3293 which shall be an adoption hearing as described in s.
3294 163.3184(7). The state land planning agency shall issue its
3295 notice of intent pursuant to s. 163.3184(8) within 30 days after
3296 determining that the amendment package is complete. Any further
3297 proceedings shall be governed by ss. 163.3184(9)-(16).
3298 Amendments proposed under this section are not subject to s.
3299 163.3187(1), which limits the adoption of a comprehensive plan
3300 amendment to no more than two times during any calendar year.
3301 Section 88. For the purpose of incorporating the amendments
3302 made by this act to section 163.3184, Florida Statutes, in a
3303 reference thereto, subsection (6) of section 1013.30, Florida
3304 Statutes, is reenacted to read:
3305 1013.30 University campus master plans and campus
3306 development agreements.—
3307 (6) Before a campus master plan is adopted, a copy of the
3308 draft master plan must be sent for review or made available
3309 electronically to the host and any affected local governments,
3310 the state land planning agency, the Department of Environmental
3311 Protection, the Department of Transportation, the Department of
3312 State, the Fish and Wildlife Conservation Commission, and the
3313 applicable water management district and regional planning
3314 council. At the request of a governmental entity, a hard copy of
3315 the draft master plan shall be submitted within 7 business days
3316 of an electronic copy being made available. These agencies must
3317 be given 90 days after receipt of the campus master plans in
3318 which to conduct their review and provide comments to the
3319 university board of trustees. The commencement of this review
3320 period must be advertised in newspapers of general circulation
3321 within the host local government and any affected local
3322 government to allow for public comment. Following receipt and
3323 consideration of all comments and the holding of an informal
3324 information session and at least two public hearings within the
3325 host jurisdiction, the university board of trustees shall adopt
3326 the campus master plan. It is the intent of the Legislature that
3327 the university board of trustees comply with the notice
3328 requirements set forth in s. 163.3184(15) to ensure full public
3329 participation in this planning process. The informal public
3330 information session must be held before the first public
3331 hearing. The first public hearing shall be held before the draft
3332 master plan is sent to the agencies specified in this
3333 subsection. The second public hearing shall be held in
3334 conjunction with the adoption of the draft master plan by the
3335 university board of trustees. Campus master plans developed
3336 under this section are not rules and are not subject to chapter
3337 120 except as otherwise provided in this section.
3338 Section 89. For the purpose of incorporating the amendments
3339 made by this act to section 166.041, Florida Statutes, in a
3340 reference thereto, paragraph (c) of subsection (1) of section
3341 163.3187, Florida Statutes, is reenacted to read:
3342 163.3187 Amendment of adopted comprehensive plan.—
3343 (1) Amendments to comprehensive plans adopted pursuant to
3344 this part may be made not more than two times during any
3345 calendar year, except:
3346 (c) Any local government comprehensive plan amendments
3347 directly related to proposed small scale development activities
3348 may be approved without regard to statutory limits on the
3349 frequency of consideration of amendments to the local
3350 comprehensive plan. A small scale development amendment may be
3351 adopted only under the following conditions:
3352 1. The proposed amendment involves a use of 10 acres or
3353 fewer and:
3354 a. The cumulative annual effect of the acreage for all
3355 small scale development amendments adopted by the local
3356 government shall not exceed:
3357 (I) A maximum of 120 acres in a local government that
3358 contains areas specifically designated in the local
3359 comprehensive plan for urban infill, urban redevelopment, or
3360 downtown revitalization as defined in s. 163.3164, urban infill
3361 and redevelopment areas designated under s. 163.2517,
3362 transportation concurrency exception areas approved pursuant to
3363 s. 163.3180(5), or regional activity centers and urban central
3364 business districts approved pursuant to s. 380.06(2)(e);
3365 however, amendments under this paragraph may be applied to no
3366 more than 60 acres annually of property outside the designated
3367 areas listed in this sub-sub-subparagraph. Amendments adopted
3368 pursuant to paragraph (k) shall not be counted toward the
3369 acreage limitations for small scale amendments under this
3370 paragraph.
3371 (II) A maximum of 80 acres in a local government that does
3372 not contain any of the designated areas set forth in sub-sub
3373 subparagraph (I).
3374 (III) A maximum of 120 acres in a county established
3375 pursuant to s. 9, Art. VIII of the State Constitution.
3376 b. The proposed amendment does not involve the same
3377 property granted a change within the prior 12 months.
3378 c. The proposed amendment does not involve the same owner’s
3379 property within 200 feet of property granted a change within the
3380 prior 12 months.
3381 d. The proposed amendment does not involve a text change to
3382 the goals, policies, and objectives of the local government’s
3383 comprehensive plan, but only proposes a land use change to the
3384 future land use map for a site-specific small scale development
3385 activity.
3386 e. The property that is the subject of the proposed
3387 amendment is not located within an area of critical state
3388 concern, unless the project subject to the proposed amendment
3389 involves the construction of affordable housing units meeting
3390 the criteria of s. 420.0004(3), and is located within an area of
3391 critical state concern designated by s. 380.0552 or by the
3392 Administration Commission pursuant to s. 380.05(1). Such
3393 amendment is not subject to the density limitations of sub
3394 subparagraph f., and shall be reviewed by the state land
3395 planning agency for consistency with the principles for guiding
3396 development applicable to the area of critical state concern
3397 where the amendment is located and shall not become effective
3398 until a final order is issued under s. 380.05(6).
3399 f. If the proposed amendment involves a residential land
3400 use, the residential land use has a density of 10 units or less
3401 per acre or the proposed future land use category allows a
3402 maximum residential density of the same or less than the maximum
3403 residential density allowable under the existing future land use
3404 category, except that this limitation does not apply to small
3405 scale amendments involving the construction of affordable
3406 housing units meeting the criteria of s. 420.0004(3) on property
3407 which will be the subject of a land use restriction agreement,
3408 or small scale amendments described in sub-sub-subparagraph
3409 a.(I) that are designated in the local comprehensive plan for
3410 urban infill, urban redevelopment, or downtown revitalization as
3411 defined in s. 163.3164, urban infill and redevelopment areas
3412 designated under s. 163.2517, transportation concurrency
3413 exception areas approved pursuant to s. 163.3180(5), or regional
3414 activity centers and urban central business districts approved
3415 pursuant to s. 380.06(2)(e).
3416 2.a. A local government that proposes to consider a plan
3417 amendment pursuant to this paragraph is not required to comply
3418 with the procedures and public notice requirements of s.
3419 163.3184(15)(c) for such plan amendments if the local government
3420 complies with the provisions in s. 125.66(4)(a) for a county or
3421 in s. 166.041(3)(c) for a municipality. If a request for a plan
3422 amendment under this paragraph is initiated by other than the
3423 local government, public notice is required.
3424 b. The local government shall send copies of the notice and
3425 amendment to the state land planning agency, the regional
3426 planning council, and any other person or entity requesting a
3427 copy. This information shall also include a statement
3428 identifying any property subject to the amendment that is
3429 located within a coastal high-hazard area as identified in the
3430 local comprehensive plan.
3431 3. Small scale development amendments adopted pursuant to
3432 this paragraph require only one public hearing before the
3433 governing board, which shall be an adoption hearing as described
3434 in s. 163.3184(7), and are not subject to the requirements of s.
3435 163.3184(3)-(6) unless the local government elects to have them
3436 subject to those requirements.
3437 4. If the small scale development amendment involves a site
3438 within an area that is designated by the Governor as a rural
3439 area of critical economic concern under s. 288.0656(7) for the
3440 duration of such designation, the 10-acre limit listed in
3441 subparagraph 1. shall be increased by 100 percent to 20 acres.
3442 The local government approving the small scale plan amendment
3443 shall certify to the Office of Tourism, Trade, and Economic
3444 Development that the plan amendment furthers the economic
3445 objectives set forth in the executive order issued under s.
3446 288.0656(7), and the property subject to the plan amendment
3447 shall undergo public review to ensure that all concurrency
3448 requirements and federal, state, and local environmental permit
3449 requirements are met.
3450 Section 90. For the purpose of incorporating the amendments
3451 made by this act to section 200.065, Florida Statutes, in
3452 references thereto, paragraphs (b) and (c) of subsection (1) of
3453 section 192.0105, Florida Statutes, are reenacted to read:
3454 192.0105 Taxpayer rights.—There is created a Florida
3455 Taxpayer’s Bill of Rights for property taxes and assessments to
3456 guarantee that the rights, privacy, and property of the
3457 taxpayers of this state are adequately safeguarded and protected
3458 during tax levy, assessment, collection, and enforcement
3459 processes administered under the revenue laws of this state. The
3460 Taxpayer’s Bill of Rights compiles, in one document, brief but
3461 comprehensive statements that summarize the rights and
3462 obligations of the property appraisers, tax collectors, clerks
3463 of the court, local governing boards, the Department of Revenue,
3464 and taxpayers. Additional rights afforded to payors of taxes and
3465 assessments imposed under the revenue laws of this state are
3466 provided in s. 213.015. The rights afforded taxpayers to assure
3467 that their privacy and property are safeguarded and protected
3468 during tax levy, assessment, and collection are available only
3469 insofar as they are implemented in other parts of the Florida
3470 Statutes or rules of the Department of Revenue. The rights so
3471 guaranteed to state taxpayers in the Florida Statutes and the
3472 departmental rules include:
3473 (1) THE RIGHT TO KNOW.—
3474 (b) The right to notification of a public hearing on each
3475 taxing authority’s tentative budget and proposed millage rate
3476 and advertisement of a public hearing to finalize the budget and
3477 adopt a millage rate (see s. 200.065(2)(c) and (d)).
3478 (c) The right to advertised notice of the amount by which
3479 the tentatively adopted millage rate results in taxes that
3480 exceed the previous year’s taxes (see s. 200.065(2)(d) and (3)).
3481 The right to notification by first-class mail of a comparison of
3482 the amount of the taxes to be levied from the proposed millage
3483 rate under the tentative budget change, compared to the previous
3484 year’s taxes, and also compared to the taxes that would be
3485 levied if no budget change is made (see ss. 200.065(2)(b) and
3486 200.069(2), (3), (4), and (8)).
3487 Section 91. For the purpose of incorporating the amendments
3488 made by this act to section 200.065, Florida Statutes, in a
3489 reference thereto, section 200.068, Florida Statutes, is
3490 reenacted to read:
3491 200.068 Certification of compliance with this chapter.—Not
3492 later than 30 days following adoption of an ordinance or
3493 resolution establishing a property tax levy, each taxing
3494 authority shall certify compliance with the provisions of this
3495 chapter to the Department of Revenue. In addition to a statement
3496 of compliance, such certification shall include a copy of the
3497 ordinance or resolution so adopted; a copy of the certification
3498 of value showing rolled-back millage and proposed millage rates,
3499 as provided to the property appraiser pursuant to s. 200.065(1)
3500 and (2)(b); maximum millage rates calculated pursuant to s.
3501 200.065(5), s. 200.185, or s. 200.186, together with values and
3502 calculations upon which the maximum millage rates are based; and
3503 a certified copy of the advertisement, as published pursuant to
3504 s. 200.065(3). In certifying compliance, the governing body of
3505 the county shall also include a certified copy of the notice
3506 required under s. 194.037. However, if the value adjustment
3507 board completes its hearings after the deadline for
3508 certification under this section, the county shall submit such
3509 copy to the department not later than 30 days following
3510 completion of such hearings.
3511 Section 92. For the purpose of incorporating the amendments
3512 made by this act to section 200.065, Florida Statutes, in a
3513 reference thereto, section 286.0105, Florida Statutes, is
3514 reenacted to read:
3515 286.0105 Notices of meetings and hearings must advise that
3516 a record is required to appeal.—Each board, commission, or
3517 agency of this state or of any political subdivision thereof
3518 shall include in the notice of any meeting or hearing, if notice
3519 of the meeting or hearing is required, of such board,
3520 commission, or agency, conspicuously on such notice, the advice
3521 that, if a person decides to appeal any decision made by the
3522 board, agency, or commission with respect to any matter
3523 considered at such meeting or hearing, he or she will need a
3524 record of the proceedings, and that, for such purpose, he or she
3525 may need to ensure that a verbatim record of the proceedings is
3526 made, which record includes the testimony and evidence upon
3527 which the appeal is to be based. The requirements of this
3528 section do not apply to the notice provided in s. 200.065(3).
3529 Section 93. For the purpose of incorporating the amendments
3530 made by this act to section 705.103, Florida Statutes, in a
3531 reference thereto, subsection (1) of section 705.104, Florida
3532 Statutes, is reenacted to read:
3533 705.104 Title to lost or abandoned property.—
3534 (1) Title to lost or abandoned property is hereby vested in
3535 the finder upon the expiration of the 90-day custodial time
3536 period specified in s. 705.103(2)(b), provided the notice
3537 requirements of s. 705.103 have been met, unless the rightful
3538 owner or a lienholder claims the property within that time.
3539 Section 94. For the purpose of incorporating the amendments
3540 made by this act to section 705.103, Florida Statutes, in
3541 references thereto, paragraph (b) of subsection (5) of section
3542 717.119, Florida Statutes, is reenacted to read:
3543 717.119 Payment or delivery of unclaimed property.—
3544 (5) All intangible and tangible property held in a safe
3545 deposit box or any other safekeeping repository reported under
3546 s. 717.117 shall not be delivered to the department until 120
3547 days after the report due date. The delivery of the property,
3548 through the United States mail or any other carrier, shall be
3549 insured by the holder at an amount equal to the estimated value
3550 of the property. Each package shall be clearly marked on the
3551 outside “Deliver Unopened.” A holder’s safe-deposit box contents
3552 shall be delivered to the department in a single shipment. In
3553 lieu of a single shipment, holders may provide the department
3554 with a single detailed shipping schedule that includes package
3555 tracking information for all packages being sent pursuant to
3556 this section.
3557 (b) Any firearm or ammunition found in an unclaimed safe
3558 deposit box or any other safekeeping repository shall be
3559 delivered by the holder to a law enforcement agency for disposal
3560 pursuant to s. 705.103(2)(b) with the balance of the proceeds
3561 deposited into the State School Fund if the firearm is sold.
3562 However, the department is authorized to make a reasonable
3563 attempt to ascertain the historical value to collectors of any
3564 firearm that has been delivered to the department. Any firearm
3565 appearing to have historical value to collectors may be sold by
3566 the department pursuant to s. 717.122 to a person having a
3567 federal firearms license. Any firearm which is not sold pursuant
3568 to s. 717.122 shall be delivered by the department to a law
3569 enforcement agency in this state for disposal pursuant to s.
3570 705.103(2)(b) with the balance of the proceeds deposited into
3571 the State School Fund if the firearm is sold. The department
3572 shall not be administratively, civilly, or criminally liable for
3573 any firearm delivered by the department to a law enforcement
3574 agency in this state for disposal.
3575 Section 95. This act shall take effect October 1, 2010.