Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. PCS (933750) for CS for SB 402
Ì443070tÎ443070
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Rodrigues) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 50.011, Florida Statutes, is amended to
6 read:
7 50.011 Publication of Where and in what language legal
8 notices to be published.—Whenever by statute an official or
9 legal advertisement or a publication, or notice in a newspaper
10 has been or is directed or permitted in the nature of or in lieu
11 of process, or for constructive service, or in initiating,
12 assuming, reviewing, exercising or enforcing jurisdiction or
13 power, or for any purpose, including all legal notices and
14 advertisements of sheriffs and tax collectors, the
15 contemporaneous and continuous intent and meaning of such
16 legislation all and singular, existing or repealed, is and has
17 been and is hereby declared to be and to have been, and the rule
18 of interpretation is and has been the following:,
19 (1) A publication in a newspaper that meets all of the
20 following:
21 (a) Is printed and published periodically at least once a
22 week.
23 (b) Contains or oftener, containing at least 25 percent of
24 its words in the English language.
25 (c) Satisfies one of the following criteria:
26 1. Has an audience consisting of at least 10 percent of the
27 households in the county or municipality, as determined by the
28 most recent decennial census, where the legal or public notice
29 is being published or posted, by calculating the combination of
30 the total of the number of print copies reflecting the day of
31 highest print circulation, of which at least 25 percent of such
32 print copies must be delivered to individuals’ home or business
33 addresses, as certified biennially by a certified independent
34 third-party auditor, and the total number of online unique
35 monthly visitors to the newspaper’s website from within the
36 state, as measured by industry-accepted website analytics
37 software. For legal and public notices published by
38 nongovernmental entities, the newspaper’s audience in the county
39 or municipality where the project, property, or other primary
40 subject of the notice is located must meet the 10 percent
41 threshold.
42 2. Holds a periodicals permit as of March 1, 2021, and
43 accepts legal notices for publication as of that date. Any such
44 newspaper may continue to publish legal notices through December
45 31, 2023, so long as the newspaper meets all other requirements
46 of this chapter and continues to hold a periodicals permit.
47 Beginning January 1, 2024, and thereafter, any such newspaper
48 must meet the criteria under subparagraph 1.
49 3. For newspapers publishing legal notices in a fiscally
50 constrained county, holds a periodicals permit and meets all
51 other requirements of this chapter. A newspaper qualified under
52 this subparagraph does not need to meet the criteria under
53 subparagraph 1. so long as the newspaper continues to hold a
54 periodicals permit. For purposes of this subparagraph, the term
55 “fiscally constrained county” means a county within a rural area
56 of opportunity designated by the Governor pursuant to s.
57 288.0656 or a county for which the value of a mill will raise no
58 more than $5 million in revenue, based on the certified taxable
59 value certified pursuant to s. 1011.62(4)(a)1.a., from the
60 previous July 1.
61 (d) Is sold, or otherwise available to the public, at least
62 at 10 publicly accessible outlets and, entered or qualified to
63 be admitted and entered as periodicals matter at a post office
64 in the county where published, for sale to the public generally,
65 available to the public generally for the publication of
66 official or other notices with no more than 75 percent of its
67 content dedicated toward advertising and customarily containing
68 information of a public character or of interest or of value to
69 the residents or owners of property in the county where
70 published, or of interest or of value to the general public.
71 (e) Continually publishes in a prominent manner the name,
72 street address, phone number, website URL of the newspaper’s
73 approved print auditor, the newspaper’s most recent statement of
74 ownership, and a statement of the auditor certifying the
75 veracity of the newspaper’s print distribution and the number of
76 the newspaper’s website’s monthly unique visitors, or the
77 newspaper’s periodicals permit, if applicable, within the first
78 five pages of the print edition and the bottom portion of the
79 homepage of the newspaper’s website.
80 (2) Internet publication for governmental agency notices
81 under s. 50.0211(1)(b) on the website of any newspaper in the
82 county or nearby counties to which the legal notice pertains
83 which otherwise meets the criteria specified in subsection (1)
84 and on the statewide legal notice website as provided in s.
85 50.0211(5).
86 Section 2. Section 50.021, Florida Statutes, is amended to
87 read:
88 50.021 Publication when no newspaper in county.—When any
89 law, or order or decree of court, directs shall direct
90 advertisements to be made in a any county and there is be no
91 newspaper published in the said county, the advertisement may be
92 made by publication in any newspaper qualified under chapter 50
93 in an adjoining county or on the website of any such newspaper
94 for governmental agency notices under s. 50.0211(1)(b), and on
95 the statewide legal notice website as provided in s. 50.0211(5)
96 or by posting three copies thereof in three different places in
97 the said county, one of which shall be at the front door of the
98 courthouse, and by publication in the nearest county in which a
99 newspaper is published.
100 Section 3. Section 50.0211, Florida Statutes, is amended to
101 read:
102 50.0211 Internet website publication.—
103 (1) As used in this section, the term:
104 (a) “Governmental agency” means a county, a municipality, a
105 district school board, or any other unit of local government or
106 political subdivision in this state.
107 (b) “Governmental agency notice” includes any of the
108 following notices required by law to be published in a
109 newspaper:
110 1. Notices related to special or legal legislation pursuant
111 to s. 11.02.
112 2. Educational unit notices pursuant to s. 120.81.
113 3. Retirement system notices pursuant to s. 121.0511.
114 4. Notices related to inclusion of positions in the Senior
115 Management Service Class of the Florida Retirement System
116 pursuant to s. 121.055.
117 5. Notices proposing the enactment of county ordinances
118 pursuant to s. 125.66.
119 6. Code enforcement notices published pursuant to s.
120 162.12.
121 7. Notices proposing the enactment of municipal ordinances
122 pursuant to s. 166.041.
123 8. Special district meeting notices pursuant to s. 189.015.
124 9. Establishment and termination notices for community
125 development districts pursuant to s. 190.005 and s. 190.046,
126 respectively.
127 10. Disclosures of tax impact by value adjustment boards
128 pursuant to s. 194.037.
129 11. Advertisements of real or personal property with
130 delinquent taxes pursuant to s. 197.402.
131 12. Advertisements of hearing notices, millage rates, and
132 budgets pursuant to s. 200.065.
133 13. Turnpike project notices pursuant to s. 338.223.
134 14. Public-private partnership notices pursuant to ss.
135 348.0308 and 348.7605.
136 15. Notices of prime recharge area designations for the
137 Floridan and Biscayne aquifers pursuant to s. 373.0397.
138 16. Water management district notices pursuant to s.
139 373.146.
140 17. Hazardous waste disposal notices pursuant to s.
141 403.722.
142 18. Forfeiture notices pursuant to ss. 849.38 and 932.704.
143 (2) This section applies to legal notices that must be
144 published in accordance with this chapter unless otherwise
145 specified.
146 (3)(2) If a governmental agency publishes a legal notice in
147 the print edition of a newspaper, each legal notice must be
148 posted on the newspaper’s website on the same day that the
149 printed notice appears in the newspaper, at no additional
150 charge, in a separate web page titled “Legal Notices,” “Legal
151 Advertising,” or comparable identifying language. A link to the
152 legal notices web page shall be provided on the front page of
153 the newspaper’s website that provides access to the legal
154 notices. If there is a specified size and placement required for
155 a printed legal notice, the size and placement of the notice on
156 the newspaper’s website must optimize its online visibility in
157 keeping with the print requirements. The newspaper’s web pages
158 that contain legal notices must present the legal notices as the
159 dominant and leading subject matter of those pages. The
160 newspaper’s website must contain a search function to facilitate
161 searching the legal notices. A fee may not be charged, and
162 registration may not be required, for viewing or searching legal
163 notices on a newspaper’s website if the legal notice is
164 published in a newspaper.
165 (4)(a)(3)(a) If a legal notice is published in the print
166 edition of a newspaper or on a newspaper’s website, the
167 newspaper publishing the notice shall place the notice on the
168 statewide website established and maintained as an initiative of
169 the Florida Press Association as a repository for such notices
170 located at the following address: www.floridapublicnotices.com.
171 (b) A legal notice placed on the statewide website created
172 under this subsection must be:
173 1. Accessible and searchable by party name and case number.
174 2. Posted for a period of at least 90 consecutive days
175 after the first day of posting.
176 (c) The statewide website created under this subsection
177 shall maintain a searchable archive of all legal notices posted
178 on the publicly accessible website on or after October 1, 2014,
179 for 18 months after the first day of posting. Such searchable
180 archive shall be provided and accessible to the general public
181 without charge.
182 (d) The Florida Press Association shall seek to ensure that
183 minority populations throughout the state have equitable access
184 to legal notices posted on the statewide legal notice website
185 located at: www.floridapublicnotices.com. The Florida Press
186 Association shall publish a report listing all newspapers that
187 have placed notices on www.floridapublicnotices.com in the
188 preceding calendar quarter. At a minimum, the reports for the 4
189 preceding calendar quarters shall be available on the website.
190 (5)(a) In lieu of publishing a legal notice in the print
191 edition of a newspaper of general circulation, a governmental
192 agency may opt for Internet-only publication of governmental
193 agency notices with any newspaper of general circulation within
194 the jurisdiction of the affected governmental agency so long as
195 the governmental agency, after a public hearing noticed in a
196 print edition of a newspaper in accordance with this chapter,
197 makes a determination by a majority of the members of the
198 governing body of the governmental agency that the Internet
199 publication of such governmental agency notices is in the public
200 interest and that the residents within the jurisdiction of the
201 governmental agency have sufficient access to the Internet by
202 broadband service as defined in s. 364.02 or through other means
203 such that Internet-only publication of governmental agency
204 notices would not unreasonably restrict public access. Any such
205 Internet-only publication published in accordance with this
206 subsection must be placed in the legal notices section of the
207 newspaper’s website and the statewide legal notice website
208 established under subsection (4). All requirements regarding the
209 format and accessibility of legal notices placed on the
210 newspaper’s website and the statewide legal notice website in
211 subsections (3) and (4) also apply to Internet-only publication
212 of legal notices published in accordance with this subsection.
213 (b) The legal notices section of the print edition of a
214 newspaper must include a disclaimer stating that additional
215 legal notices may be accessed on the newspaper’s website and the
216 statewide legal notice website. The legal notices section of the
217 newspaper’s website must also include a disclaimer stating that
218 legal notices are also published in the print edition of the
219 newspaper and on the statewide legal notice website.
220 (c) A newspaper may charge for the publication of any
221 governmental agency notice that is published only on the
222 newspaper’s website, without rebate, commission, or refund;
223 however, the newspaper may not charge any higher rate for
224 publication than the amount that would be authorized under s.
225 50.061 if the governmental agency notice had been printed in the
226 newspaper. The penalties prescribed in s. 50.061(7) for allowing
227 or accepting any rebate, commission, or refund in connection to
228 the amounts charged for publication also apply to any
229 governmental agency notices that are published only on the
230 Internet in accordance with this subsection.
231 (d) If a governmental agency exercises the option to
232 publish Internet-only governmental agency notices in accordance
233 with this subsection, such agency must provide notice at least
234 once per week in the print edition of a newspaper of general
235 circulation within the region in which the governmental agency
236 is located which states that legal notices pertaining to the
237 agency do not all appear in the print edition of the local
238 newspaper and that additional legal notices may be accessed on
239 the newspaper’s website and that a full listing of any legal
240 notices may be accessed on the statewide legal notice website
241 located at www.floridapublicnotices.com. Additionally, any such
242 governmental agency must post a link on its website homepage to
243 a webpage that lists all of the newspapers in which the
244 governmental agency publishes legal notices.
245 (6)(4) Newspapers that publish legal notices shall, upon
246 request, provide e-mail notification of new legal notices when
247 they are published printed in the newspaper or on and added to
248 the newspaper’s website. Such e-mail notification shall be
249 provided without charge, and notification for such an e-mail
250 registry shall be available on the front page of the legal
251 notices section of the newspaper’s website.
252 (7) Notwithstanding the authorization of Internet-only
253 publication for certain governmental agency notices in
254 accordance with subsection (5), any other statute requiring the
255 publication of an official legal notice in the print edition of
256 a newspaper may not be construed to be superseded.
257 Section 4. Section 50.031, Florida Statutes, is amended to
258 read:
259 50.031 Newspapers in which legal notices and process may be
260 published.—No notice or publication required to be published in
261 the print edition of a newspaper or on a newspaper’s website, if
262 authorized, in the nature of or in lieu of process of any kind,
263 nature, character or description provided for under any law of
264 the state, whether heretofore or hereafter enacted, and whether
265 pertaining to constructive service, or the initiating, assuming,
266 reviewing, exercising or enforcing jurisdiction or power, by any
267 court in this state, or any notice of sale of property, real or
268 personal, for taxes, state, county or municipal, or sheriff’s,
269 guardian’s or administrator’s or any sale made pursuant to any
270 judicial order, decree or statute or any other publication or
271 notice pertaining to any affairs of the state, or any county,
272 municipality or other political subdivision thereof, shall be
273 deemed to have been published in accordance with the statutes
274 providing for such publication, unless the same shall have been
275 published for the prescribed period of time required for such
276 publication, in a newspaper or on a newspaper’s website which at
277 the time of such publication shall have been in existence for 2
278 years and meets the requirements set forth in s. 50.011 1 year
279 and shall have been entered as periodicals matter at a post
280 office in the county where published, or in a newspaper which is
281 a direct successor of a newspaper which has together have been
282 so published; provided, however, that nothing herein contained
283 shall apply where in any county there shall be no newspaper in
284 existence which shall have been published for the length of time
285 above prescribed. No legal publication of any kind, nature or
286 description, as herein defined, shall be valid or binding or
287 held to be in compliance with the statutes providing for such
288 publication unless the same shall have been published in
289 accordance with the provisions of this section or s. 50.0211(5).
290 Proof of such publication shall be made by uniform affidavit.
291 Section 5. Section 50.041, Florida Statutes, is amended to
292 read:
293 50.041 Proof of publication; uniform affidavits required.—
294 (1) All affidavits of publishers of newspapers (or their
295 official representatives) made for the purpose of establishing
296 proof of publication of public notices or legal advertisements
297 shall be uniform throughout the state.
298 (2) Each such affidavit shall be printed upon white paper
299 and shall be 8 1/2 inches in width and of convenient length, not
300 less than 5 1/2 inches. A white margin of not less than 2 1/2
301 inches shall be left at the right side of each affidavit form
302 and upon or in this space shall be substantially pasted a
303 clipping which shall be a true copy of the public notice or
304 legal advertisement for which proof is executed. Alternatively,
305 the affidavit may be provided in electronic rather than paper
306 form, provided the notarization of the affidavit complies with
307 the requirements of s. 117.021.
308 (3) In all counties having a population in excess of
309 450,000 according to the latest official decennial census, in
310 addition to the charges which are now or may hereafter be
311 established by law for the publication of every official notice
312 or legal advertisement, There may be a charge not to exceed $2
313 levied for the preparation and execution of each such proof of
314 publication or publisher’s affidavit.
315 Section 6. Section 50.051, Florida Statutes, is amended to
316 read:
317 50.051 Proof of publication; form of uniform affidavit.—The
318 printed form upon which all such affidavits establishing proof
319 of publication are to be executed shall be substantially as
320 follows:
321 NAME OF COUNTY NEWSPAPER
322 Published (Weekly or Daily)
323 (Town or City) (County) FLORIDA
324 STATE OF FLORIDA
325
326 COUNTY OF ....:
327 Before the undersigned authority personally appeared ....,
328 who on oath says that he or she is .... of the ...., a ....
329 newspaper published at .... in .... County, Florida; that the
330 attached copy of advertisement, being a .... in the matter of
331 .... in the .... Court, was published in said newspaper by print
332 in the issues of .... or by publication on the newspaper’s
333 website, if authorized, on ...(date)....
334 Affiant further says that the newspaper complies with all
335 legal requirements for publication in chapter 50, Florida
336 Statutes said .... is a newspaper published at ...., in said
337 .... County, Florida, and that the said newspaper has heretofore
338 been continuously published in said .... County, Florida, each
339 .... and has been entered as periodicals matter at the post
340 office in ...., in said .... County, Florida, for a period of 1
341 year next preceding the first publication of the attached copy
342 of advertisement; and affiant further says that he or she has
343 neither paid nor promised any person, firm or corporation any
344 discount, rebate, commission or refund for the purpose of
345 securing this advertisement for publication in the said
346 newspaper.
347
348 Sworn to and subscribed before me this .... day of ....,
349 ...(year)..., by ...., who is personally known to me or who has
350 produced (type of identification) as identification.
351
352 ...(Signature of Notary Public)...
353
354 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
355
356 ...(Notary Public)...
357 Section 7. Subsection (12) is added to section 90.902,
358 Florida Statutes, to read:
359 90.902 Self-authentication.—Extrinsic evidence of
360 authenticity as a condition precedent to admissibility is not
361 required for:
362 (12) A legal notice published in accordance with the
363 requirements of chapter 50 in the print edition or on the
364 website of a qualified newspaper.
365 Section 8. Section 11.02, Florida Statutes, is amended to
366 read:
367 11.02 Notice of special or local legislation or certain
368 relief acts.—The notice required to obtain special or local
369 legislation or any relief act specified in s. 11.065 shall be by
370 publishing the identical notice in each county involved in some
371 newspaper as provided defined in chapter 50 published in or
372 circulated throughout the county or counties where the matter or
373 thing to be affected by such legislation shall be situated one
374 time at least 30 days before introduction of the proposed law
375 into the Legislature or, if the notice is not made by Internet
376 publication as provided in s. 50.0211(5) and there being no
377 newspaper circulated throughout or published in the county, by
378 posting for at least 30 days at not less than three public
379 places in the county or each of the counties, one of which
380 places shall be at the courthouse in the county or counties
381 where the matter or thing to be affected by such legislation
382 shall be situated. Notice of special or local legislation shall
383 state the substance of the contemplated law, as required by s.
384 10, Art. III of the State Constitution. Notice of any relief act
385 specified in s. 11.065 shall state the name of the claimant, the
386 nature of the injury or loss for which the claim is made, and
387 the amount of the claim against the affected municipality’s
388 revenue-sharing trust fund.
389 Section 9. Paragraph (d) of subsection (1) of section
390 120.81, Florida Statutes, is amended to read:
391 120.81 Exceptions and special requirements; general areas.—
392 (1) EDUCATIONAL UNITS.—
393 (d) Notwithstanding any other provision of this chapter,
394 educational units shall not be required to include the full text
395 of the rule or rule amendment in notices relating to rules and
396 need not publish these or other notices in the Florida
397 Administrative Register, but notice shall be made:
398 1. By publication in a newspaper qualified under chapter 50
399 of general circulation in the affected area;
400 2. By mail to all persons who have made requests of the
401 educational unit for advance notice of its proceedings and to
402 organizations representing persons affected by the proposed
403 rule; and
404 3. By posting in appropriate places so that those
405 particular classes of persons to whom the intended action is
406 directed may be duly notified.
407 Section 10. Subsection (2) of section 121.0511, Florida
408 Statutes, is amended to read:
409 121.0511 Revocation of election and alternative plan.—The
410 governing body of any municipality or independent special
411 district that has elected to participate in the Florida
412 Retirement System may revoke its election in accordance with the
413 following procedure:
414 (2) At least 7 days, but not more than 15 days, before the
415 hearing, notice of intent to revoke, specifying the time and
416 place of the hearing, must be published as provided in chapter
417 50 in a newspaper of general circulation in the area affected,
418 as provided by ss. 50.011-50.031. Proof of publication of the
419 notice must be submitted to the Department of Management
420 Services.
421 Section 11. Paragraphs (b) and (h) of subsection (1) of
422 section 121.055, Florida Statutes, are amended to read:
423 121.055 Senior Management Service Class.—There is hereby
424 established a separate class of membership within the Florida
425 Retirement System to be known as the “Senior Management Service
426 Class,” which shall become effective February 1, 1987.
427 (1)
428 (b)1. Except as provided in subparagraph 2., effective
429 January 1, 1990, participation in the Senior Management Service
430 Class is compulsory for the president of each community college,
431 the manager of each participating municipality or county, and
432 all appointed district school superintendents. Effective January
433 1, 1994, additional positions may be designated for inclusion in
434 the Senior Management Service Class if:
435 a. Positions to be included in the class are designated by
436 the local agency employer. Notice of intent to designate
437 positions for inclusion in the class must be published for at
438 least 2 consecutive weeks if published by Internet publication
439 as provided in s. 50.0211(5) or, if published in print, once a
440 week for 2 consecutive weeks in a newspaper qualified under
441 chapter 50 that is of general circulation published in the
442 county or counties affected, as provided in chapter 50.
443 b. Up to 10 nonelective full-time positions may be
444 designated for each local agency employer reporting to the
445 department; for local agencies with 100 or more regularly
446 established positions, additional nonelective full-time
447 positions may be designated, not to exceed 1 percent of the
448 regularly established positions within the agency.
449 c. Each position added to the class must be a managerial or
450 policymaking position filled by an employee who is not subject
451 to continuing contract and serves at the pleasure of the local
452 agency employer without civil service protection, and who:
453 (I) Heads an organizational unit; or
454 (II) Has responsibility to effect or recommend personnel,
455 budget, expenditure, or policy decisions in his or her areas of
456 responsibility.
457 2. In lieu of participation in the Senior Management
458 Service Class, members of the Senior Management Service Class,
459 pursuant to subparagraph 1., may withdraw from the Florida
460 Retirement System altogether. The decision to withdraw from the
461 system is irrevocable as long as the employee holds the
462 position. Any service creditable under the Senior Management
463 Service Class shall be retained after the member withdraws from
464 the system; however, additional service credit in the Senior
465 Management Service Class may not be earned after such
466 withdrawal. Such members are not eligible to participate in the
467 Senior Management Service Optional Annuity Program.
468 3. Effective January 1, 2006, through June 30, 2006, an
469 employee who has withdrawn from the Florida Retirement System
470 under subparagraph 2. has one opportunity to elect to
471 participate in the pension plan or the investment plan.
472 a. If the employee elects to participate in the investment
473 plan, membership shall be prospective, and the applicable
474 provisions of s. 121.4501(4) govern the election.
475 b. If the employee elects to participate in the pension
476 plan, the employee shall, upon payment to the system trust fund
477 of the amount calculated under sub-sub-subparagraph (I), receive
478 service credit for prior service based upon the time during
479 which the employee had withdrawn from the system.
480 (I) The cost for such credit shall be an amount
481 representing the actuarial accrued liability for the affected
482 period of service. The cost shall be calculated using the
483 discount rate and other relevant actuarial assumptions that were
484 used to value the pension plan liabilities in the most recent
485 actuarial valuation. The calculation must include any service
486 already maintained under the pension plan in addition to the
487 period of withdrawal. The actuarial accrued liability
488 attributable to any service already maintained under the pension
489 plan shall be applied as a credit to the total cost resulting
490 from the calculation. The division must ensure that the transfer
491 sum is prepared using a formula and methodology certified by an
492 actuary.
493 (II) The employee must transfer a sum representing the net
494 cost owed for the actuarial accrued liability in sub-sub
495 subparagraph (I) immediately following the time of such
496 movement, determined assuming that attained service equals the
497 sum of service in the pension plan and the period of withdrawal.
498 (h)1. Except as provided in subparagraph 3., effective
499 January 1, 1994, participation in the Senior Management Service
500 Class shall be compulsory for the State Courts Administrator and
501 the Deputy State Courts Administrators, the Clerk of the Supreme
502 Court, the Marshal of the Supreme Court, the Executive Director
503 of the Justice Administrative Commission, the capital collateral
504 regional counsel, the clerks of the district courts of appeals,
505 the marshals of the district courts of appeals, and the trial
506 court administrator and the Chief Deputy Court Administrator in
507 each judicial circuit. Effective January 1, 1994, additional
508 positions in the offices of the state attorney and public
509 defender in each judicial circuit may be designated for
510 inclusion in the Senior Management Service Class of the Florida
511 Retirement System, provided that:
512 a. Positions to be included in the class shall be
513 designated by the state attorney or public defender, as
514 appropriate. Notice of intent to designate positions for
515 inclusion in the class shall be published for at least 2
516 consecutive weeks by Internet publication as provided in s.
517 50.0211(5) or, if published in print, once a week for 2
518 consecutive weeks in a newspaper qualified under chapter 50 of
519 general circulation published in the county or counties
520 affected, as provided in chapter 50.
521 b. One nonelective full-time position may be designated for
522 each state attorney and public defender reporting to the
523 Department of Management Services; for agencies with 200 or more
524 regularly established positions under the state attorney or
525 public defender, additional nonelective full-time positions may
526 be designated, not to exceed 0.5 percent of the regularly
527 established positions within the agency.
528 c. Each position added to the class must be a managerial or
529 policymaking position filled by an employee who serves at the
530 pleasure of the state attorney or public defender without civil
531 service protection, and who:
532 (I) Heads an organizational unit; or
533 (II) Has responsibility to effect or recommend personnel,
534 budget, expenditure, or policy decisions in his or her areas of
535 responsibility.
536 2. Participation in this class shall be compulsory, except
537 as provided in subparagraph 3., for any judicial employee who
538 holds a position designated for coverage in the Senior
539 Management Service Class, and such participation shall continue
540 until the employee terminates employment in a covered position.
541 Effective January 1, 2001, participation in this class is
542 compulsory for assistant state attorneys, assistant statewide
543 prosecutors, assistant public defenders, and assistant capital
544 collateral regional counsel. Effective January 1, 2002,
545 participation in this class is compulsory for assistant
546 attorneys general.
547 3. In lieu of participation in the Senior Management
548 Service Class, such members, excluding assistant state
549 attorneys, assistant public defenders, assistant statewide
550 prosecutors, assistant attorneys general, and assistant capital
551 collateral regional counsel, may participate in the Senior
552 Management Service Optional Annuity Program as established in
553 subsection (6).
554 Section 12. Paragraph (a) of subsection (2) and paragraph
555 (b) of subsection (4) of section 125.66, Florida Statutes, are
556 amended to read:
557 125.66 Ordinances; enactment procedure; emergency
558 ordinances; rezoning or change of land use ordinances or
559 resolutions.—
560 (2)(a) The regular enactment procedure shall be as follows:
561 The board of county commissioners at any regular or special
562 meeting may enact or amend any ordinance, except as provided in
563 subsection (4), if notice of intent to consider such ordinance
564 is given at least 10 days before such prior to said meeting by
565 publication as provided in chapter 50 in a newspaper of general
566 circulation in the county. A copy of such notice shall be kept
567 available for public inspection during the regular business
568 hours of the office of the clerk of the board of county
569 commissioners. The notice of proposed enactment shall state the
570 date, time, and place of the meeting; the title or titles of
571 proposed ordinances; and the place or places within the county
572 where such proposed ordinances may be inspected by the public.
573 The notice shall also advise that interested parties may appear
574 at the meeting and be heard with respect to the proposed
575 ordinance.
576 (4) Ordinances or resolutions, initiated by other than the
577 county, that change the actual zoning map designation of a
578 parcel or parcels of land shall be enacted pursuant to
579 subsection (2). Ordinances or resolutions that change the actual
580 list of permitted, conditional, or prohibited uses within a
581 zoning category, or ordinances or resolutions initiated by the
582 county that change the actual zoning map designation of a parcel
583 or parcels of land shall be enacted pursuant to the following
584 procedure:
585 (b) In cases in which the proposed ordinance or resolution
586 changes the actual list of permitted, conditional, or prohibited
587 uses within a zoning category, or changes the actual zoning map
588 designation of a parcel or parcels of land involving 10
589 contiguous acres or more, the board of county commissioners
590 shall provide for public notice and hearings as follows:
591 1. The board of county commissioners shall hold two
592 advertised public hearings on the proposed ordinance or
593 resolution. At least one hearing shall be held after 5 p.m. on a
594 weekday, unless the board of county commissioners, by a majority
595 plus one vote, elects to conduct that hearing at another time of
596 day. The first public hearing shall be held at least 7 days
597 after the day that the first advertisement is published. The
598 second hearing shall be held at least 10 days after the first
599 hearing and shall be advertised at least 5 days prior to the
600 public hearing.
601 2. If published in the print edition of a newspaper, the
602 required advertisements shall be no less than 2 columns wide by
603 10 inches long in a standard size or a tabloid size newspaper,
604 and the headline in the advertisement shall be in a type no
605 smaller than 18 point. The advertisement shall not be placed in
606 that portion of the newspaper where legal notices and classified
607 advertisements appear. The advertisement shall be placed in a
608 newspaper of general paid circulation in the county and of
609 general interest and readership in the community pursuant to
610 chapter 50, not one of limited subject matter. It is the
611 legislative intent that, whenever possible, the advertisement
612 shall appear in a newspaper that is published at least weekly 5
613 days a week unless the only newspaper in the community is
614 published less than weekly 5 days a week. The advertisement
615 shall be in substantially the following form:
616 NOTICE OF (TYPE OF) CHANGE
617
618 The ...(name of local governmental unit)... proposes to
619 adopt the following by ordinance or resolution:...(title of
620 ordinance or resolution)....
621 A public hearing on the ordinance or resolution will be
622 held on ...(date and time)... at ...(meeting place)....
623
624 Except for amendments which change the actual list of permitted,
625 conditional, or prohibited uses within a zoning category, the
626 advertisement shall contain a geographic location map which
627 clearly indicates the area within the local government covered
628 by the proposed ordinance or resolution. The map shall include
629 major street names as a means of identification of the general
630 area. If In addition to being published in the print edition of
631 the newspaper, the map must be part of any the online notice
632 made required pursuant to s. 50.0211.
633 3. In lieu of publishing the advertisements set out in this
634 paragraph, the board of county commissioners may mail a notice
635 to each person owning real property within the area covered by
636 the ordinance or resolution. Such notice shall clearly explain
637 the proposed ordinance or resolution and shall notify the person
638 of the time, place, and location of both public hearings on the
639 proposed ordinance or resolution.
640 Section 13. Paragraph (a) of subsection (2) of section
641 162.12, Florida Statutes, is amended to read:
642 162.12 Notices.—
643 (2) In addition to providing notice as set forth in
644 subsection (1), at the option of the code enforcement board or
645 the local government, notice may be served by publication or
646 posting, as follows:
647 (a)1. Such notice shall be published in print or on a
648 newspaper’s website and the statewide legal notice website as
649 provided in s. 50.0211(5) for 4 consecutive weeks. If published
650 in print, the notice shall be published once during each week
651 for 4 consecutive weeks (four publications being sufficient) in
652 a newspaper of general circulation in the county where the code
653 enforcement board is located. The newspaper shall meet such
654 requirements as are prescribed under chapter 50 for legal and
655 official advertisements.
656 2. Proof of publication shall be made as provided in ss.
657 50.041 and 50.051.
658 Section 14. Paragraph (c) of subsection (3) of section
659 166.041, Florida Statutes, is amended to read:
660 166.041 Procedures for adoption of ordinances and
661 resolutions.—
662 (3)
663 (c) Ordinances initiated by other than the municipality
664 that change the actual zoning map designation of a parcel or
665 parcels of land shall be enacted pursuant to paragraph (a).
666 Ordinances that change the actual list of permitted,
667 conditional, or prohibited uses within a zoning category, or
668 ordinances initiated by the municipality that change the actual
669 zoning map designation of a parcel or parcels of land shall be
670 enacted pursuant to the following procedure:
671 1. In cases in which the proposed ordinance changes the
672 actual zoning map designation for a parcel or parcels of land
673 involving less than 10 contiguous acres, the governing body
674 shall direct the clerk of the governing body to notify by mail
675 each real property owner whose land the municipality will
676 redesignate by enactment of the ordinance and whose address is
677 known by reference to the latest ad valorem tax records. The
678 notice shall state the substance of the proposed ordinance as it
679 affects that property owner and shall set a time and place for
680 one or more public hearings on such ordinance. Such notice shall
681 be given at least 30 days prior to the date set for the public
682 hearing, and a copy of the notice shall be kept available for
683 public inspection during the regular business hours of the
684 office of the clerk of the governing body. The governing body
685 shall hold a public hearing on the proposed ordinance and may,
686 upon the conclusion of the hearing, immediately adopt the
687 ordinance.
688 2. In cases in which the proposed ordinance changes the
689 actual list of permitted, conditional, or prohibited uses within
690 a zoning category, or changes the actual zoning map designation
691 of a parcel or parcels of land involving 10 contiguous acres or
692 more, the governing body shall provide for public notice and
693 hearings as follows:
694 a. The local governing body shall hold two advertised
695 public hearings on the proposed ordinance. At least one hearing
696 shall be held after 5 p.m. on a weekday, unless the local
697 governing body, by a majority plus one vote, elects to conduct
698 that hearing at another time of day. The first public hearing
699 shall be held at least 7 days after the day that the first
700 advertisement is published. The second hearing shall be held at
701 least 10 days after the first hearing and shall be advertised at
702 least 5 days prior to the public hearing.
703 b. If published in the print edition of a newspaper, the
704 required advertisements shall be no less than 2 columns wide by
705 10 inches long in a standard size or a tabloid size newspaper,
706 and the headline in the advertisement shall be in a type no
707 smaller than 18 point. The advertisement shall not be placed in
708 that portion of the newspaper where legal notices and classified
709 advertisements appear. The advertisement shall be placed in a
710 newspaper of general paid circulation in the municipality and of
711 general interest and readership in the municipality, not one of
712 limited subject matter, pursuant to chapter 50. It is the
713 legislative intent that, whenever possible, the advertisement
714 appear in a newspaper that is published at least weekly 5 days a
715 week unless the only newspaper in the municipality is published
716 less than weekly 5 days a week. The advertisement shall be in
717 substantially the following form:
718
719 NOTICE OF (TYPE OF) CHANGE
720
721 The ...(name of local governmental unit)... proposes to
722 adopt the following ordinance:...(title of the ordinance)....
723 A public hearing on the ordinance will be held on ...(date
724 and time)... at ...(meeting place)....
725
726 Except for amendments which change the actual list of permitted,
727 conditional, or prohibited uses within a zoning category, the
728 advertisement shall contain a geographic location map which
729 clearly indicates the area covered by the proposed ordinance.
730 The map shall include major street names as a means of
731 identification of the general area. If In addition to being
732 published in the print edition of the newspaper, the map must
733 also be part of any the online notice made required pursuant to
734 s. 50.0211.
735 c. In lieu of publishing the advertisement set out in this
736 paragraph, the municipality may mail a notice to each person
737 owning real property within the area covered by the ordinance.
738 Such notice shall clearly explain the proposed ordinance and
739 shall notify the person of the time, place, and location of any
740 public hearing on the proposed ordinance.
741 Section 15. Subsection (1) of section 189.015, Florida
742 Statutes, is amended to read:
743 189.015 Meetings; notice; required reports.—
744 (1) The governing body of each special district shall file
745 quarterly, semiannually, or annually a schedule of its regular
746 meetings with the local governing authority or authorities. The
747 schedule shall include the date, time, and location of each
748 scheduled meeting. The schedule shall be published quarterly,
749 semiannually, or annually in a newspaper of general paid
750 circulation in the manner required in this subsection. The
751 governing body of an independent special district shall
752 advertise the day, time, place, and purpose of any meeting other
753 than a regular meeting or any recessed and reconvened meeting of
754 the governing body, at least 7 days before such meeting as
755 provided in chapter 50, in a newspaper of general paid
756 circulation in the county or counties in which the special
757 district is located, unless a bona fide emergency situation
758 exists, in which case a meeting to deal with the emergency may
759 be held as necessary, with reasonable notice, so long as it is
760 subsequently ratified by the governing body. No approval of the
761 annual budget shall be granted at an emergency meeting. The
762 notice shall be posted as provided in advertisement shall be
763 placed in that portion of the newspaper where legal notices and
764 classified advertisements appear. The advertisement shall appear
765 in a newspaper that is published at least 5 days a week, unless
766 the only newspaper in the county is published fewer than 5 days
767 a week. The newspaper selected must be one of general interest
768 and readership in the community and not one of limited subject
769 matter, pursuant to chapter 50. Any other provision of law to
770 the contrary notwithstanding, and except in the case of
771 emergency meetings, water management districts may provide
772 reasonable notice of public meetings held to evaluate responses
773 to solicitations issued by the water management district, by
774 publication as provided in chapter 50 by Internet publication or
775 by publication in a newspaper of general paid circulation in the
776 county where the principal office of the water management
777 district is located, or in the county or counties where the
778 public work will be performed, no less than 7 days before such
779 meeting.
780 Section 16. Paragraph (d) of subsection (1) of section
781 190.005, Florida Statutes, is amended to read:
782 190.005 Establishment of district.—
783 (1) The exclusive and uniform method for the establishment
784 of a community development district with a size of 2,500 acres
785 or more shall be pursuant to a rule, adopted under chapter 120
786 by the Florida Land and Water Adjudicatory Commission, granting
787 a petition for the establishment of a community development
788 district.
789 (d) A local public hearing on the petition shall be
790 conducted by a hearing officer in conformance with the
791 applicable requirements and procedures of the Administrative
792 Procedure Act. The hearing shall include oral and written
793 comments on the petition pertinent to the factors specified in
794 paragraph (e). The hearing shall be held at an accessible
795 location in the county in which the community development
796 district is to be located. The petitioner shall cause a notice
797 of the hearing to be published for 4 successive weeks on a
798 newspaper’s website and the statewide legal notice website
799 provided in s. 50.0211(5) or, if published in print, in a
800 newspaper at least once a week for the 4 successive weeks
801 immediately prior to the hearing as provided in chapter 50. Such
802 notice shall give the time and place for the hearing, a
803 description of the area to be included in the district, which
804 description shall include a map showing clearly the area to be
805 covered by the district, and any other relevant information
806 which the establishing governing bodies may require. If
807 published in the print edition of a newspaper, the advertisement
808 may shall not be placed in the that portion of the newspaper
809 where legal notices and classified advertisements appear. The
810 advertisement must shall be published in a newspaper of general
811 paid circulation in the county and of general interest and
812 readership in the community, not one of limited subject matter,
813 pursuant to chapter 50. Whenever possible, the advertisement
814 shall appear in a newspaper that is published at least weekly 5
815 days a week, unless the only newspaper in the community is
816 published less than weekly fewer than 5 days a week. If the
817 notice is In addition to being published in the print edition of
818 the newspaper, the map referenced above must also be included in
819 any part of the online advertisement required pursuant to s.
820 50.0211. All affected units of general-purpose local government
821 and the general public shall be given an opportunity to appear
822 at the hearing and present oral or written comments on the
823 petition.
824 Section 17. Paragraph (h) of subsection (1) of section
825 190.046, Florida Statutes, is amended to read:
826 190.046 Termination, contraction, or expansion of
827 district.—
828 (1) A landowner or the board may petition to contract or
829 expand the boundaries of a community development district in the
830 following manner:
831 (h) For a petition to establish a new community development
832 district of less than 2,500 acres on land located solely in one
833 county or one municipality, sufficiently contiguous lands
834 located within the county or municipality which the petitioner
835 anticipates adding to the boundaries of the district within 10
836 years after the effective date of the ordinance establishing the
837 district may also be identified. If such sufficiently contiguous
838 land is identified, the petition must include a legal
839 description of each additional parcel within the sufficiently
840 contiguous land, the current owner of the parcel, the acreage of
841 the parcel, and the current land use designation of the parcel.
842 At least 14 days before the hearing required under s.
843 190.005(2)(b), the petitioner must give the current owner of
844 each such parcel notice of filing the petition to establish the
845 district, the date and time of the public hearing on the
846 petition, and the name and address of the petitioner. A parcel
847 may not be included in the district without the written consent
848 of the owner of the parcel.
849 1. After establishment of the district, a person may
850 petition the county or municipality to amend the boundaries of
851 the district to include a previously identified parcel that was
852 a proposed addition to the district before its establishment. A
853 filing fee may not be charged for this petition. Each such
854 petition must include:
855 a. A legal description by metes and bounds of the parcel to
856 be added;
857 b. A new legal description by metes and bounds of the
858 district;
859 c. Written consent of all owners of the parcel to be added;
860 d. A map of the district including the parcel to be added;
861 e. A description of the development proposed on the
862 additional parcel; and
863 f. A copy of the original petition identifying the parcel
864 to be added.
865 2. Before filing with the county or municipality, the
866 person must provide the petition to the district and to the
867 owner of the proposed additional parcel, if the owner is not the
868 petitioner.
869 3. Once the petition is determined sufficient and complete,
870 the county or municipality must process the addition of the
871 parcel to the district as an amendment to the ordinance that
872 establishes the district. The county or municipality may process
873 all petitions to amend the ordinance for parcels identified in
874 the original petition, even if, by adding such parcels, the
875 district exceeds 2,500 acres.
876 4. The petitioner shall cause to be published in a
877 newspaper qualified to publish legal notices of general
878 circulation in the proposed district a notice of the intent to
879 amend the ordinance that establishes the district. The notice
880 must be in addition to any notice required for adoption of the
881 ordinance amendment. Such notice must be published as provided
882 in chapter 50 at least 10 days before the scheduled hearing on
883 the ordinance amendment and may be published in the section of
884 the newspaper reserved for legal notices. The notice must
885 include a general description of the land to be added to the
886 district and the date and time of the scheduled hearing to amend
887 the ordinance. The petitioner shall deliver, including by mail
888 or hand delivery, the notice of the hearing on the ordinance
889 amendment to the owner of the parcel and to the district at
890 least 14 days before the scheduled hearing.
891 5. The amendment of a district by the addition of a parcel
892 pursuant to this paragraph does not alter the transition from
893 landowner voting to qualified elector voting pursuant to s.
894 190.006, even if the total size of the district after the
895 addition of the parcel exceeds 5,000 acres. Upon adoption of the
896 ordinance expanding the district, the petitioner must cause to
897 be recorded a notice of boundary amendment which reflects the
898 new boundaries of the district.
899 6. This paragraph is intended to facilitate the orderly
900 addition of lands to a district under certain circumstances and
901 does not preclude the addition of lands to any district using
902 the procedures in the other provisions of this section.
903 Section 18. Subsection (1) of section 194.037, Florida
904 Statutes, is amended to read:
905 194.037 Disclosure of tax impact.—
906 (1) After hearing all petitions, complaints, appeals, and
907 disputes, the clerk shall make public notice of the findings and
908 results of the board as provided in chapter 50. If published in
909 the print edition of a newspaper, the notice must be in at least
910 a quarter-page size advertisement of a standard size or tabloid
911 size newspaper, and the headline shall be in a type no smaller
912 than 18 point. The advertisement shall not be placed in that
913 portion of the newspaper where legal notices and classified
914 advertisements appear. The advertisement shall be published in a
915 newspaper of general paid circulation in the county. The
916 newspaper selected shall be one of general interest and
917 readership in the community, and not one of limited subject
918 matter, pursuant to chapter 50. For all advertisements published
919 pursuant to this section, the headline shall read: TAX IMPACT OF
920 VALUE ADJUSTMENT BOARD. The public notice shall list the members
921 of the value adjustment board and the taxing authorities to
922 which they are elected. The form shall show, in columnar form,
923 for each of the property classes listed under subsection (2),
924 the following information, with appropriate column totals:
925 (a) In the first column, the number of parcels for which
926 the board granted exemptions that had been denied or that had
927 not been acted upon by the property appraiser.
928 (b) In the second column, the number of parcels for which
929 petitions were filed concerning a property tax exemption.
930 (c) In the third column, the number of parcels for which
931 the board considered the petition and reduced the assessment
932 from that made by the property appraiser on the initial
933 assessment roll.
934 (d) In the fourth column, the number of parcels for which
935 petitions were filed but not considered by the board because
936 such petitions were withdrawn or settled prior to the board’s
937 consideration.
938 (e) In the fifth column, the number of parcels for which
939 petitions were filed requesting a change in assessed value,
940 including requested changes in assessment classification.
941 (f) In the sixth column, the net change in taxable value
942 from the assessor’s initial roll which results from board
943 decisions.
944 (g) In the seventh column, the net shift in taxes to
945 parcels not granted relief by the board. The shift shall be
946 computed as the amount shown in column 6 multiplied by the
947 applicable millage rates adopted by the taxing authorities in
948 hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
949 the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
950 Constitution, but without adjustment as authorized pursuant to
951 s. 200.065(6). If for any taxing authority the hearing has not
952 been completed at the time the notice required herein is
953 prepared, the millage rate used shall be that adopted in the
954 hearing held pursuant to s. 200.065(2)(c).
955 Section 19. Subsection (1) of section 197.402, Florida
956 Statutes, is amended to read:
957 197.402 Advertisement of real or personal property with
958 delinquent taxes.—
959 (1) If advertisements are required, the board of county
960 commissioners shall make such notice select the newspaper as
961 provided in chapter 50. The tax collector shall pay all
962 newspaper charges, and the proportionate cost of the
963 advertisements shall be added to the delinquent taxes collected.
964 Section 20. Subsection (3) of section 200.065, Florida
965 Statutes, is amended to read:
966 200.065 Method of fixing millage.—
967 (3) The advertisement shall be published as provided in
968 chapter 50. If the advertisement is published in the print
969 edition of a newspaper, the advertisement must be no less than
970 one-quarter page in size of a standard size or a tabloid size
971 newspaper, and the headline in the advertisement shall be in a
972 type no smaller than 18 point. The advertisement shall not be
973 placed in that portion of the newspaper where legal notices and
974 classified advertisements appear. The advertisement shall be
975 published in a newspaper of general paid circulation in the
976 county or in a geographically limited insert of such newspaper.
977 The geographic boundaries in which such insert is circulated
978 shall include the geographic boundaries of the taxing authority.
979 It is the legislative intent that, whenever possible, the
980 advertisement appear in a newspaper that is published at least
981 weekly 5 days a week unless the only newspaper in the county is
982 published less than weekly 5 days a week, or that the
983 advertisement appear in a geographically limited insert of such
984 newspaper which insert is published throughout the taxing
985 authority’s jurisdiction at least twice each week. It is further
986 the legislative intent that the newspaper selected be one of
987 general interest and readership in the community and not one of
988 limited subject matter, pursuant to chapter 50.
989 (a) For taxing authorities other than school districts
990 which have tentatively adopted a millage rate in excess of 100
991 percent of the rolled-back rate computed pursuant to subsection
992 (1), the advertisement shall be in the following form:
993 NOTICE OF PROPOSED TAX INCREASE
994
995 The ...(name of the taxing authority)... has tentatively
996 adopted a measure to increase its property tax levy.
997 Last year’s property tax levy:
998 A. Initially proposed tax levy................$XX,XXX,XXX
999 B. Less tax reductions due to Value Adjustment Board and
1000 other assessment changes...........................($XX,XXX,XXX)
1001 C. Actual property tax levy...................$XX,XXX,XXX
1002 This year’s proposed tax levy........................$XX,XXX,XXX
1003 All concerned citizens are invited to attend a public
1004 hearing on the tax increase to be held on ...(date and time)...
1005 at ...(meeting place)....
1006
1007 A FINAL DECISION on the proposed tax increase and the
1008 budget will be made at this hearing.
1009 (b) In all instances in which the provisions of paragraph
1010 (a) are inapplicable for taxing authorities other than school
1011 districts, the advertisement shall be in the following form:
1012
1013 NOTICE OF BUDGET HEARING
1014
1015 The ...(name of taxing authority)... has tentatively
1016 adopted a budget for ...(fiscal year).... A public hearing to
1017 make a FINAL DECISION on the budget AND TAXES will be held on
1018 ...(date and time)... at ...(meeting place)....
1019
1020 (c) For school districts which have proposed a millage rate
1021 in excess of 100 percent of the rolled-back rate computed
1022 pursuant to subsection (1) and which propose to levy nonvoted
1023 millage in excess of the minimum amount required pursuant to s.
1024 1011.60(6), the advertisement shall be in the following form:
1025 NOTICE OF PROPOSED TAX INCREASE
1026
1027 The ...(name of school district)... will soon consider a
1028 measure to increase its property tax levy.
1029 Last year’s property tax levy:
1030 A. Initially proposed tax levy................$XX,XXX,XXX
1031 B. Less tax reductions due to Value Adjustment Board and
1032 other assessment changes...........................($XX,XXX,XXX)
1033 C. Actual property tax levy...................$XX,XXX,XXX
1034 This year’s proposed tax levy........................$XX,XXX,XXX
1035 A portion of the tax levy is required under state law in
1036 order for the school board to receive $...(amount A)... in state
1037 education grants. The required portion has ...(increased or
1038 decreased)... by ...(amount B)... percent and represents
1039 approximately ...(amount C)... of the total proposed taxes.
1040 The remainder of the taxes is proposed solely at the
1041 discretion of the school board.
1042 All concerned citizens are invited to a public hearing on
1043 the tax increase to be held on ...(date and time)... at
1044 ...(meeting place)....
1045 A DECISION on the proposed tax increase and the budget will
1046 be made at this hearing.
1047 1. AMOUNT A shall be an estimate, provided by the
1048 Department of Education, of the amount to be received in the
1049 current fiscal year by the district from state appropriations
1050 for the Florida Education Finance Program.
1051 2. AMOUNT B shall be the percent increase over the rolled
1052 back rate necessary to levy only the required local effort in
1053 the current fiscal year, computed as though in the preceding
1054 fiscal year only the required local effort was levied.
1055 3. AMOUNT C shall be the quotient of required local-effort
1056 millage divided by the total proposed nonvoted millage, rounded
1057 to the nearest tenth and stated in words; however, the stated
1058 amount shall not exceed nine-tenths.
1059 (d) For school districts which have proposed a millage rate
1060 in excess of 100 percent of the rolled-back rate computed
1061 pursuant to subsection (1) and which propose to levy as nonvoted
1062 millage only the minimum amount required pursuant to s.
1063 1011.60(6), the advertisement shall be the same as provided in
1064 paragraph (c), except that the second and third paragraphs shall
1065 be replaced with the following paragraph:
1066
1067 This increase is required under state law in order for the
1068 school board to receive $...(amount A)... in state education
1069 grants.
1070
1071 (e) In all instances in which the provisions of paragraphs
1072 (c) and (d) are inapplicable for school districts, the
1073 advertisement shall be in the following form:
1074
1075 NOTICE OF BUDGET HEARING
1076
1077 The ...(name of school district)... will soon consider a
1078 budget for ...(fiscal year).... A public hearing to make a
1079 DECISION on the budget AND TAXES will be held on ...(date and
1080 time)... at ...(meeting place)....
1081
1082 (f) In lieu of publishing the notice set out in this
1083 subsection, the taxing authority may mail a copy of the notice
1084 to each elector residing within the jurisdiction of the taxing
1085 authority.
1086 (g) In the event that the mailing of the notice of proposed
1087 property taxes is delayed beyond September 3 in a county, any
1088 multicounty taxing authority which levies ad valorem taxes
1089 within that county shall advertise its intention to adopt a
1090 tentative budget and millage rate in a newspaper of paid general
1091 circulation within that county which meets the requirements of
1092 chapter 50, as provided in this subsection, and shall hold the
1093 hearing required pursuant to paragraph (2)(c) not less than 2
1094 days or more than 5 days thereafter, and not later than
1095 September 18. The advertisement shall be in the following form,
1096 unless the proposed millage rate is less than or equal to the
1097 rolled-back rate, computed pursuant to subsection (1), in which
1098 case the advertisement shall be as provided in paragraph (e):
1099 NOTICE OF TAX INCREASE
1100
1101 The ...(name of the taxing authority)... proposes to
1102 increase its property tax levy by ...(percentage of increase
1103 over rolled-back rate)... percent.
1104 All concerned citizens are invited to attend a public
1105 hearing on the proposed tax increase to be held on ...(date and
1106 time)... at ...(meeting place)....
1107
1108 (h) In no event shall any taxing authority add to or delete
1109 from the language of the advertisements as specified herein
1110 unless expressly authorized by law, except that, if an increase
1111 in ad valorem tax rates will affect only a portion of the
1112 jurisdiction of a taxing authority, advertisements may include a
1113 map or geographical description of the area to be affected and
1114 the proposed use of the tax revenues under consideration. In
1115 addition, if published in the print edition of the newspaper or
1116 only published on the Internet in accordance with s. 50.0211(5),
1117 the map must be included in part of the online advertisement
1118 required by s. 50.0211. The advertisements required herein shall
1119 not be accompanied, preceded, or followed by other advertising
1120 or notices which conflict with or modify the substantive content
1121 prescribed herein.
1122 (i) The advertisements required pursuant to paragraphs (b)
1123 and (e) need not be one-quarter page in size or have a headline
1124 in type no smaller than 18 point.
1125 (j) The amounts to be published as percentages of increase
1126 over the rolled-back rate pursuant to this subsection shall be
1127 based on aggregate millage rates and shall exclude voted millage
1128 levies unless expressly provided otherwise in this subsection.
1129 (k) Any taxing authority which will levy an ad valorem tax
1130 for an upcoming budget year but does not levy an ad valorem tax
1131 currently shall, in the advertisement specified in paragraph
1132 (a), paragraph (c), paragraph (d), or paragraph (g), replace the
1133 phrase “increase its property tax levy by ...(percentage of
1134 increase over rolled-back rate)... percent” with the phrase
1135 “impose a new property tax levy of $...(amount)... per $1,000
1136 value.”
1137 (l) Any advertisement required pursuant to this section
1138 shall be accompanied by an adjacent notice meeting the budget
1139 summary requirements of s. 129.03(3)(b). Except for those taxing
1140 authorities proposing to levy ad valorem taxes for the first
1141 time, the following statement shall appear in the budget summary
1142 in boldfaced type immediately following the heading, if the
1143 applicable percentage is greater than zero:
1144
1145 THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of
1146 taxing authority)... ARE ...(percent rounded to one decimal
1147 place)... MORE THAN LAST YEAR’S TOTAL OPERATING EXPENDITURES.
1148
1149 For purposes of this paragraph, “proposed operating budget
1150 expenditures” or “operating expenditures” means all moneys of
1151 the local government, including dependent special districts,
1152 that:
1153 1. Were or could be expended during the applicable fiscal
1154 year, or
1155 2. Were or could be retained as a balance for future
1156 spending in the fiscal year.
1157
1158 Provided, however, those moneys held in or used in trust,
1159 agency, or internal service funds, and expenditures of bond
1160 proceeds for capital outlay or for advanced refunded debt
1161 principal, shall be excluded.
1162 Section 21. Paragraph (c) of subsection (1) of section
1163 338.223, Florida Statutes, is amended to read:
1164 338.223 Proposed turnpike projects.—
1165 (1)
1166 (c) Prior to requesting legislative approval of a proposed
1167 turnpike project, the environmental feasibility of the proposed
1168 project shall be reviewed by the Department of Environmental
1169 Protection. The department shall submit its Project Development
1170 and Environmental Report to the Department of Environmental
1171 Protection, along with a draft copy of a public notice. Within
1172 14 days of receipt of the draft public notice, the Department of
1173 Environmental Protection shall return the draft public notice to
1174 the Department of Transportation with an approval of the
1175 language or modifications to the language. Upon receipt of the
1176 approved or modified draft, or if no comments are provided
1177 within 14 days, the Department of Transportation shall publish
1178 the notice as provided in chapter 50 in a newspaper to provide a
1179 30-day public comment period. If published in the print edition
1180 of a newspaper, the headline of the required notice shall be in
1181 a type no smaller than 18 point,. The notice shall be placed in
1182 that portion of the newspaper where legal notices appear, and .
1183 The notice shall be published in a newspaper qualified to
1184 publish legal notices of general circulation in the county or
1185 counties of general interest and readership in the community as
1186 provided in s. 50.031, not one of limited subject matter.
1187 Whenever possible, the notice shall appear in a newspaper that
1188 is published at least weekly 5 days a week. All notices
1189 published pursuant to this section The notice shall include, at
1190 a minimum but is not limited to, the following information:
1191 1. The purpose of the notice is to provide for a 30-day
1192 period for written public comments on the environmental impacts
1193 of a proposed turnpike project.
1194 2. The name and description of the project, along with a
1195 geographic location map clearly indicating the area where the
1196 proposed project will be located.
1197 3. The address where such comments must be sent and the
1198 date such comments are due.
1199
1200 After a review of the department’s report and any public
1201 comments, the Department of Environmental Protection shall
1202 submit a statement of environmental feasibility to the
1203 department within 30 days after the date on which public
1204 comments are due. The notice and the statement of environmental
1205 feasibility shall not give rise to any rights to a hearing or
1206 other rights or remedies provided pursuant to chapter 120 or
1207 chapter 403, and shall not bind the Department of Environmental
1208 Protection in any subsequent environmental permit review.
1209 Section 22. Subsection (3) of section 348.0308, Florida
1210 Statutes, is amended to read:
1211 348.0308 Public-private partnership.—The Legislature
1212 declares that there is a public need for the rapid construction
1213 of safe and efficient transportation facilities for traveling
1214 within the state and that it is in the public’s interest to
1215 provide for public-private partnership agreements to effectuate
1216 the construction of additional safe, convenient, and economical
1217 transportation facilities.
1218 (3) The agency may request proposals for public-private
1219 transportation projects or, if it receives an unsolicited
1220 proposal, it must publish a notice in the Florida Administrative
1221 Register and, as provided in chapter 50, by Internet publication
1222 or by print in a newspaper qualified to publish legal notices of
1223 general circulation in the county in which the project it is
1224 located at least once a week for 2 weeks stating that it has
1225 received the proposal and will accept, for 60 days after the
1226 initial date of publication, other proposals for the same
1227 project purpose. A copy of the notice must be mailed to each
1228 local government in the affected areas. After the public
1229 notification period has expired, the agency shall rank the
1230 proposals in order of preference. In ranking the proposals, the
1231 agency shall consider professional qualifications, general
1232 business terms, innovative engineering or cost-reduction terms,
1233 finance plans, and the need for state funds to deliver the
1234 proposal. If the agency is not satisfied with the results of the
1235 negotiations, it may, at its sole discretion, terminate
1236 negotiations with the proposer. If these negotiations are
1237 unsuccessful, the agency may go to the second and lower-ranked
1238 firms, in order, using the same procedure. If only one proposal
1239 is received, the agency may negotiate in good faith, and if it
1240 is not satisfied with the results, it may, at its sole
1241 discretion, terminate negotiations with the proposer. The agency
1242 may, at its discretion, reject all proposals at any point in the
1243 process up to completion of a contract with the proposer.
1244 Section 23. Subsection (3) of section 348.635, Florida
1245 Statutes, is amended to read:
1246 348.635 Public-private partnership.—The Legislature
1247 declares that there is a public need for the rapid construction
1248 of safe and efficient transportation facilities for traveling
1249 within the state and that it is in the public’s interest to
1250 provide for public-private partnership agreements to effectuate
1251 the construction of additional safe, convenient, and economical
1252 transportation facilities.
1253 (3) The authority may request proposals for public-private
1254 transportation projects or, if it receives an unsolicited
1255 proposal, it must publish a notice in the Florida Administrative
1256 Register and, as provided in chapter 50, by either Internet
1257 publication or by print in and a newspaper of general
1258 circulation in the county in which the project it is located at
1259 least once a week for 2 weeks stating that it has received the
1260 proposal and will accept, for 60 days after the initial date of
1261 publication, other proposals for the same project purpose. A
1262 copy of the notice must be mailed to each local government in
1263 the affected areas. After the public notification period has
1264 expired, the authority shall rank the proposals in order of
1265 preference. In ranking the proposals, the authority shall
1266 consider professional qualifications, general business terms,
1267 innovative engineering or cost-reduction terms, finance plans,
1268 and the need for state funds to deliver the proposal. If the
1269 authority is not satisfied with the results of the negotiations,
1270 it may, at its sole discretion, terminate negotiations with the
1271 proposer. If these negotiations are unsuccessful, the authority
1272 may go to the second and lower-ranked firms, in order, using the
1273 same procedure. If only one proposal is received, the authority
1274 may negotiate in good faith, and if it is not satisfied with the
1275 results, it may, at its sole discretion, terminate negotiations
1276 with the proposer. The authority may, at its discretion, reject
1277 all proposals at any point in the process up to completion of a
1278 contract with the proposer.
1279 Section 24. Subsection (3) of section 348.7605, Florida
1280 Statutes, is amended to read:
1281 348.7605 Public-private partnership.—The Legislature
1282 declares that there is a public need for the rapid construction
1283 of safe and efficient transportation facilities for traveling
1284 within the state and that it is in the public’s interest to
1285 provide for public-private partnership agreements to effectuate
1286 the construction of additional safe, convenient, and economical
1287 transportation facilities.
1288 (3) The authority may request proposals for public-private
1289 transportation projects or, if it receives an unsolicited
1290 proposal, it must publish a notice in the Florida Administrative
1291 Register and, as provided in chapter 50, by either Internet
1292 publication or by print in a newspaper of general circulation in
1293 the county in which the project it is located at least once a
1294 week for 2 weeks stating that it has received the proposal and
1295 will accept, for 60 days after the initial date of publication,
1296 other proposals for the same project purpose. A copy of the
1297 notice must be mailed to each local government in the affected
1298 areas. After the public notification period has expired, the
1299 authority shall rank the proposals in order of preference. In
1300 ranking the proposals, the authority shall consider professional
1301 qualifications, general business terms, innovative engineering
1302 or cost-reduction terms, finance plans, and the need for state
1303 funds to deliver the proposal. If the authority is not satisfied
1304 with the results of the negotiations, it may, at its sole
1305 discretion, terminate negotiations with the proposer. If these
1306 negotiations are unsuccessful, the authority may go to the
1307 second and lower-ranked firms, in order, using the same
1308 procedure. If only one proposal is received, the authority may
1309 negotiate in good faith, and if it is not satisfied with the
1310 results, it may, at its sole discretion, terminate negotiations
1311 with the proposer. The authority may, at its discretion, reject
1312 all proposals at any point in the process up to completion of a
1313 contract with the proposer.
1314 Section 25. Section 373.0397, Florida Statutes, is amended
1315 to read:
1316 373.0397 Floridan and Biscayne aquifers; designation of
1317 prime groundwater recharge areas.—Upon preparation of an
1318 inventory of prime groundwater recharge areas for the Floridan
1319 or Biscayne aquifers, but prior to adoption by the governing
1320 board, the water management district shall publish a legal
1321 notice of public hearing on the designated areas for the
1322 Floridan and Biscayne aquifers, with a map delineating the
1323 boundaries of the areas, as provided in newspapers defined in
1324 chapter 50 as having general circulation within the area to be
1325 affected. The notice shall be at least one-fourth page and shall
1326 read as follows:
1327
1328 NOTICE OF PRIME RECHARGE
1329 AREA DESIGNATION
1330
1331 The ...(name of taxing authority)... proposes to designate
1332 specific land areas as areas of prime recharge to the ...(name
1333 of aquifer)... Aquifer.
1334 All concerned citizens are invited to attend a public
1335 hearing on the proposed designation to be held on ...(date and
1336 time)... at ...(meeting place)....
1337 A map of the affected areas follows.
1338
1339 The governing board of the water management district shall adopt
1340 a designation of prime groundwater recharge areas to the
1341 Floridan and Biscayne aquifers by rule within 120 days after the
1342 public hearing, subject to the provisions of chapter 120.
1343 Section 26. Section 373.146, Florida Statutes, is amended
1344 to read:
1345 373.146 Publication of notices, process, and papers.—
1346 (1) Whenever in this chapter the publication of any notice,
1347 process, or paper is required or provided for, unless otherwise
1348 provided by law, the publication thereof in some newspaper or
1349 newspapers as provided defined in chapter 50 is having general
1350 circulation within the area to be affected shall be taken and
1351 considered as being sufficient.
1352 (2) Notwithstanding any other provision of law to the
1353 contrary, and except in the case of emergency meetings, water
1354 management districts may provide reasonable notice of public
1355 meetings held to evaluate responses to solicitations issued by
1356 the water management district, by publication as provided in
1357 chapter 50 in a newspaper of general paid circulation in the
1358 county where the principal office of the water management
1359 district is located, or in the county or counties where the
1360 public work will be performed, no less than 7 days before such
1361 meeting.
1362 Section 27. Subsection (12) of section 403.722, Florida
1363 Statutes, is amended to read:
1364 403.722 Permits; hazardous waste disposal, storage, and
1365 treatment facilities.—
1366 (12) On the same day of filing with the department of an
1367 application for a permit for the construction modification, or
1368 operation of a hazardous waste facility, the applicant shall
1369 notify each city and county within 1 mile of the facility of the
1370 filing of the application and shall publish notice of the filing
1371 of the application. The applicant shall publish a second notice
1372 of the filing within 14 days after the date of filing. Each
1373 notice shall be published as provided in chapter 50 in a
1374 newspaper of general circulation in the county in which the
1375 facility is located or is proposed to be located.
1376 Notwithstanding the provisions of chapter 50, for purposes of
1377 this section, a “newspaper of general circulation” shall be the
1378 newspaper within the county in which the installation or
1379 facility is proposed which has the largest daily circulation in
1380 that county and has its principal office in that county. If the
1381 newspaper with the largest daily circulation has its principal
1382 office outside the county, the notice shall appear in both the
1383 newspaper with the largest daily circulation in that county, and
1384 a newspaper authorized to publish legal notices in that county.
1385 The notice shall contain:
1386 (a) The name of the applicant and a brief description of
1387 the project and its location.
1388 (b) The location of the application file and when it is
1389 available for public inspection.
1390
1391 The notice shall be prepared by the applicant and shall comply
1392 with the following format:
1393
1394 Notice of Application
1395 The Department of Environmental Protection announces receipt of
1396 an application for a permit from ...(name of applicant)... to
1397 ...(brief description of project).... This proposed project will
1398 be located at ...(location)... in ...(county)... ...(city)....
1399
1400 This application is being processed and is available for public
1401 inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
1402 Monday through Friday, except legal holidays, at ...(name and
1403 address of office)....
1404 Section 28. Subsection (5) of section 849.38, Florida
1405 Statutes, is amended to read:
1406 849.38 Proceedings for forfeiture; notice of seizure and
1407 order to show cause.—
1408 (5) If the value of the property seized is shown by the
1409 sheriff’s return to have an appraised value of $1,000 or less,
1410 the above citation shall be served by posting at three public
1411 places in the county, one of which shall be the front door of
1412 the courthouse; if the value of the property is shown by the
1413 sheriff’s return to have an approximate value of more than
1414 $1,000, the citation shall be published by print or posted for
1415 at least 2 consecutive weeks on a newspaper’s website and the
1416 statewide legal notice website in accordance with s. 50.0211(5).
1417 If published in print, the citation shall appear at least once
1418 each week for 2 consecutive weeks in a some newspaper qualified
1419 to publish legal notices under chapter 50 that is of general
1420 publication published in the county, if there is be such a
1421 newspaper published in the county. and If there is no such
1422 newspaper not, the then said notice of such publication shall be
1423 made by certificate of the clerk if publication is made by
1424 posting, and by affidavit as provided in chapter 50, if made by
1425 publication as provided in chapter 50 in a newspaper, which
1426 affidavit or certificate shall be filed and become a part of the
1427 record in the cause. Failure of the record to show proof of such
1428 publication shall not affect any judgment made in the cause
1429 unless it shall affirmatively appear that no such publication
1430 was made.
1431 Section 29. Paragraph (a) of subsection (6) of section
1432 932.704, Florida Statutes, is amended to read:
1433 932.704 Forfeiture proceedings.—
1434 (6)(a) If the property is required by law to be titled or
1435 registered, or if the owner of the property is known in fact to
1436 the seizing agency, or if the seized property is subject to a
1437 perfected security interest in accordance with the Uniform
1438 Commercial Code, chapter 679, the attorney for the seizing
1439 agency shall serve the forfeiture complaint as an original
1440 service of process under the Florida Rules of Civil Procedure
1441 and other applicable law to each person having an ownership or
1442 security interest in the property. The seizing agency shall also
1443 publish, in accordance with chapter 50, notice of the forfeiture
1444 complaint for 2 consecutive weeks on a newspaper’s website and
1445 the statewide legal notice website in accordance with s.
1446 50.0211(5) or, if published in print, once each week for 2
1447 consecutive weeks in a newspaper qualified to publish legal
1448 notices under chapter 50 of general circulation, as defined in
1449 s. 165.031, in the county where the seizure occurred.
1450 Section 30. This act shall take effect January 1, 2022.
1451
1452 ================= T I T L E A M E N D M E N T ================
1453 And the title is amended as follows:
1454 Delete everything before the enacting clause
1455 and insert:
1456 A bill to be entitled
1457 An act relating to legal notices; amending s. 50.011,
1458 F.S.; revising construction as to the satisfaction of
1459 publication requirements for legal notices; revising
1460 requirements for newspapers that are qualified to
1461 publish legal notices; defining the term “fiscally
1462 constrained county”; authorizing the Internet
1463 publication of specified governmental agency notices
1464 on newspaper websites in lieu of print publication if
1465 certain requirements are met; amending s. 50.021,
1466 F.S.; conforming provisions to changes made by the
1467 act; amending s. 50.0211, F.S.; defining terms;
1468 requiring the Florida Press Association to seek to
1469 ensure equitable access for minority populations to
1470 legal notices posted on the statewide legal notice
1471 website; requiring the association to publish and
1472 maintain certain reports on the statewide legal notice
1473 website; authorizing a governmental agency to choose
1474 between print publication or Internet-only publication
1475 of specified governmental agency notices with
1476 specified newspapers if certain conditions are met;
1477 specifying requirements for the placement, format, and
1478 accessibility of any such notices; requiring the
1479 newspaper to display a specified disclaimer regarding
1480 the posting of legal notices; authorizing a newspaper
1481 to charge for Internet-only publication of
1482 governmental agency notices, subject to specified
1483 limitations; specifying applicable penalties for
1484 unauthorized rebates, commissions, or refunds in
1485 connection with publication charges; requiring a
1486 governmental agency that publishes governmental agency
1487 notices by Internet-only publication to publish a
1488 specified notice in the print edition of a local
1489 newspaper and on their website; providing for
1490 construction; amending s. 50.031, F.S.; conforming
1491 provisions to changes made by the act; amending ss.
1492 50.041 and 50.051, F.S.; revising provisions governing
1493 the uniform affidavit establishing proof of
1494 publication to conform to changes made by the act;
1495 amending s. 90.902, F.S.; providing for the self
1496 authentication of legal notices under the Florida
1497 Evidence Code; amending ss. 11.02, 120.81, 121.0511,
1498 121.055, 125.66, 162.12, 166.041, 189.015, 190.005,
1499 190.046, 194.037, 197.402, 200.065, 338.223, 348.0308,
1500 348.635, 348.7605, 373.0397, 373.146, 403.722, 849.38,
1501 and 932.704, F.S.; conforming provisions to changes
1502 made by the act; providing an effective date.