Florida Senate - 2021                                     SB 402
       By Senator Rodrigues
       27-00581-21                                            2021402__
    1                        A bill to be entitled                      
    2         An act relating to the Public Notice and Voting Rights
    3         Restoration Database; authorizing legal notifications
    4         in certain cases to be published on a website
    5         established by the Supreme Court, in lieu of newspaper
    6         publication; providing that such legal notifications
    7         be posted to the website following payment of a fee;
    8         providing limitations for, and for the adjustment of,
    9         such fees; specifying that website publication
   10         constitutes proof of publication, unless otherwise
   11         determined by a court; authorizing a county to publish
   12         such legal notifications in a newspaper, subject to
   13         certain limitations; providing requirements and
   14         limitations regarding the operation of the website;
   15         providing that certain revenue be used toward certain
   16         data collection regarding nonviolent felons and the
   17         publication of such data on a website; providing
   18         requirements and limitations regarding the operation
   19         of the website containing such data; providing for the
   20         deposit of any remaining excess revenue into the State
   21         Courts Revenue Trust Fund; specifying that a certain
   22         portion of remaining excess revenue may be pledged
   23         toward operating costs of the website containing legal
   24         notifications; providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Public Notice and Voting Rights Restoration
   29  Database.—
   30         (1) Notwithstanding any other law, in any civil or criminal
   31  case in which a legal notification must be made by publication
   32  in a newspaper, the notification may be published on a website
   33  established by the Supreme Court in lieu of newspaper
   34  publication. The notification must be posted to the website
   35  following the payment of a fee established by the Supreme Court.
   36  The fee charged may vary based on the number of words contained
   37  in the notification but may not exceed $500 per notification.
   38  The maximum fee may be adjusted by the Supreme Court, upon
   39  approval by the Legislative Budget Commission. Actual access by
   40  the court of a notification on the Internet constitutes proof of
   41  publication for all purposes, unless the court with jurisdiction
   42  over the particular matter determines that access to the website
   43  was not sufficiently available during the notice period to
   44  constitute sufficient notice. A county may publish the legal
   45  notification in at least one newspaper of general circulation in
   46  such county in lieu of website publication; however, the fee
   47  charged by the newspaper for publication may not exceed the
   48  website publication fee established by the Supreme Court.
   49         (2) The website established pursuant to subsection (1) must
   50  be operated by the Supreme Court, by the Office of the State
   51  Courts Administrator, or by a contractor selected by the court.
   52  The website operating costs may not exceed 15 percent of revenue
   53  from fees for legal notifications published on the website. The
   54  Office of the State Courts Administrator must publicize the
   55  existence of the website and its web address on at least a
   56  monthly basis through publishing a notice in at least one
   57  newspaper of general circulation in each county of the state,
   58  directing each county to post a clear written notice at the
   59  entrance of each county courthouse and each annex containing
   60  court facilities, and directing each clerk of court and judicial
   61  circuit to include a notice on their official website.
   62         (3) All revenue from fees collected pursuant to subsection
   63  (1) which is in excess of the operating costs for the legal
   64  notification website must be used toward aggregating and
   65  publishing data regarding restitution, fines and fees owed by
   66  nonviolent felons to victims and the judicial branch, and the
   67  operation of a website that displays such data. Such website
   68  must be operated by the Supreme Court, by the Office of the
   69  State Courts Administrator, or by a contractor selected by the
   70  court; however, the operating costs of the website may not
   71  exceed 50 percent of excess revenue remaining after any
   72  deductions made pursuant to subsection (2).
   73         (4) Any excess revenue remaining after deducting operating
   74  costs for the website established in subsection (3) shall be
   75  deposited into the State Courts Revenue Trust Fund. Fifteen
   76  percent of such excess revenue from fees collected in any fiscal
   77  year may be pledged for the operation of the website established
   78  in subsection (1).
   79         Section 2. This act shall take effect July 1, 2021.