Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1252
                                Barcode 881972                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2013           .                                

       The Committee on Community Affairs (Simpson) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 65 and 66
    4  insert:
    5         Section 1. Section 162.12, Florida Statutes, is amended to
    6  read:
    7         162.12 Notices.—
    8         (1) All notices required by this part must be provided to
    9  the alleged violator by:
   10         (a) Certified mail, return receipt requested, to the
   11  address listed in the tax collector’s office for tax notices, or
   12  to the address listed in the county property appraiser’s
   13  database. The local government may also provide an additional
   14  notice to any other address it may find for provided by the
   15  property owner in writing to the local government for the
   16  purpose of receiving notices. For property owned by a
   17  corporation, notices may be provided by certified mail to the
   18  registered agent of the corporation. If any notice sent by
   19  certified mail is not signed as received within 30 days after
   20  the postmarked date of mailing, notice may be provided by
   21  posting as described in subparagraphs (2)(b)1. and 2.;
   22         (b) Hand delivery by the sheriff or other law enforcement
   23  officer, code inspector, or other person designated by the local
   24  governing body;
   25         (c) Leaving the notice at the violator’s usual place of
   26  residence with any person residing therein who is above 15 years
   27  of age and informing such person of the contents of the notice;
   28  or
   29         (d) In the case of commercial premises, leaving the notice
   30  with the manager or other person in charge.
   31         (2) In addition to providing notice as set forth in
   32  subsection (1), at the option of the code enforcement board or
   33  the local government, notice may also be served by publication
   34  or posting, as follows:
   35         (a)1. Such notice shall be published once during each week
   36  for 4 consecutive weeks (four publications being sufficient) in
   37  a newspaper of general circulation in the county where the code
   38  enforcement board is located. The newspaper shall meet such
   39  requirements as are prescribed under chapter 50 for legal and
   40  official advertisements.
   41         2. Proof of publication shall be made as provided in ss.
   42  50.041 and 50.051.
   43         (b)1. In lieu of publication as described in paragraph (a),
   44  such notice may be posted at least 10 days prior to the hearing,
   45  or prior to the expiration of any deadline contained in the
   46  notice, in at least two locations, one of which shall be the
   47  property upon which the violation is alleged to exist and the
   48  other of which shall be, in the case of municipalities, at the
   49  primary municipal government office, and in the case of
   50  counties, at the front door of the courthouse or the main county
   51  governmental center in said county.
   52         2. Proof of posting shall be by affidavit of the person
   53  posting the notice, which affidavit shall include a copy of the
   54  notice posted and the date and places of its posting.
   55         (c) Notice by publication or posting may run concurrently
   56  with, or may follow, an attempt or attempts to provide notice by
   57  hand delivery or by mail as required under subsection (1).
   59  Evidence that an attempt has been made to hand deliver or mail
   60  notice as provided in subsection (1), together with proof of
   61  publication or posting as provided in subsection (2), shall be
   62  sufficient to show that the notice requirements of this part
   63  have been met, without regard to whether or not the alleged
   64  violator actually received such notice.
   66  ================= T I T L E  A M E N D M E N T ================
   67         And the title is amended as follows:
   68         Delete line 2
   69  and insert:
   70         An act relating to building construction; amending s.
   71         162.12, F.S.; revising notice requirements in the
   72         Local Government Code Enforcement Boards Act; amending
   73         s.