Florida Senate - 2021                              CS for SB 402
       
       
        
       By the Committee on Judiciary; and Senator Rodrigues
       
       
       
       
       
       590-03199-21                                           2021402c1
    1                        A bill to be entitled                      
    2         An act relating to legal notices; amending s. 50.011,
    3         F.S.; revising requirements for newspapers that are
    4         qualified to publish legal notices; authorizing the
    5         Internet publication of legal notices on certain
    6         websites in lieu of print publication in a newspaper;
    7         amending s. 50.021, F.S.; conforming provisions to
    8         changes made by the act; amending s. 50.0211, F.S.;
    9         defining the term “governmental agency”; requiring the
   10         Florida Press Association to consult with the Black
   11         Press Association of Florida for a specified purpose;
   12         authorizing a governmental agency to opt for Internet
   13         only publication of legal notices with any newspaper
   14         of general circulation within the state if certain
   15         conditions are met; specifying requirements for the
   16         placement, format, and accessibility of any such legal
   17         notices; requiring the newspaper to display a
   18         specified disclaimer regarding the posting of legal
   19         notices; authorizing a newspaper to charge for
   20         Internet-only publication, subject to specified
   21         limitations; specifying applicable penalties for
   22         unauthorized rebates, commissions, or refunds in
   23         connection with publication charges; requiring a
   24         governmental agency that publishes certain legal
   25         notices by Internet-only publication to publish a
   26         specified notice in the print edition of a local
   27         newspaper; amending s. 50.031, F.S.; conforming
   28         provisions to changes made by the act; amending ss.
   29         50.041 and 50.051, F.S.; revising provisions governing
   30         the uniform affidavit establishing proof of
   31         publication to conform to changes made by the act;
   32         amending s. 83.806, F.S.; providing that an
   33         advertisement of a sale or disposition of property may
   34         be published on certain websites for a specified time
   35         period; amending ss. 11.02, 45.031, 120.81, 121.0511,
   36         121.055, 125.66, 162.12, 166.041, 189.015, 190.005,
   37         190.046, 194.037, 197.402, 200.065, 338.223, 348.0308,
   38         348.635, 348.7605, 373.0397, 373.146, 403.722, 712.06,
   39         849.38, 865.09, and 932.704, F.S.; conforming
   40         provisions to changes made by the act; providing an
   41         effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Section 50.011, Florida Statutes, is amended to
   46  read:
   47         50.011 Publication of Where and in what language legal
   48  notices to be published.—Whenever by statute an official or
   49  legal advertisement or a publication, or notice in a newspaper
   50  has been or is directed or permitted in the nature of or in lieu
   51  of process, or for constructive service, or in initiating,
   52  assuming, reviewing, exercising or enforcing jurisdiction or
   53  power, or for any purpose, including all legal notices and
   54  advertisements of sheriffs and tax collectors, the
   55  contemporaneous and continuous intent and meaning of such
   56  legislation all and singular, existing or repealed, is and has
   57  been and is hereby declared to be and to have been, and the rule
   58  of interpretation is and has been the following:,
   59         (1) A publication in a newspaper printed and published
   60  periodically at least once a week or oftener, containing at
   61  least 25 percent of its words in the English language, entered
   62  or qualified to be admitted and entered as periodicals matter at
   63  a post office in the county where published, for sale to the
   64  public generally, available to the public generally for the
   65  publication of official or other notices and customarily
   66  containing information of a public character or of interest or
   67  of value to the residents or owners of property in the county
   68  where published, or of interest or of value to the general
   69  public; or
   70         (2)By Internet publication on the website of any newspaper
   71  of general circulation in this state that otherwise meets the
   72  criteria specified in subsection (1) and on the statewide legal
   73  notice website as provided under s. 50.0211(5).
   74         Section 2. Section 50.021, Florida Statutes, is amended to
   75  read:
   76         50.021 Publication when no newspaper in county.—When any
   77  law, or order or decree of court, directs shall direct
   78  advertisements to be made in a any county and there is be no
   79  newspaper published in the said county, the advertisement may be
   80  made by posting on the website of any newspaper of general
   81  circulation in this state and on the statewide legal notice
   82  website as provided in s. 50.0211(5) or posting three copies
   83  thereof in three different places in the said county, one of
   84  which shall be at the front door of the courthouse, and by
   85  publication in the nearest county in which a newspaper is
   86  published.
   87         Section 3. Section 50.0211, Florida Statutes, is amended to
   88  read:
   89         50.0211 Internet website publication.—
   90         (1) As used in this section, the term “governmental agency”
   91  means a county, municipality, district school board, or other
   92  unit of local government or political subdivision in this state.
   93         (2) This section applies to legal notices that must be
   94  published in accordance with this chapter unless otherwise
   95  specified.
   96         (3)(2)If a governmental agency publishes a legal notice in
   97  the print edition of a newspaper, each legal notice must be
   98  posted on the newspaper’s website on the same day that the
   99  printed notice appears in the newspaper, at no additional
  100  charge, in a separate web page titled “Legal Notices,” “Legal
  101  Advertising,” or comparable identifying language. A link to the
  102  legal notices web page shall be provided on the front page of
  103  the newspaper’s website that provides access to the legal
  104  notices. If there is a specified size and placement required for
  105  a printed legal notice, the size and placement of the notice on
  106  the newspaper’s website must optimize its online visibility in
  107  keeping with the print requirements. The newspaper’s web pages
  108  that contain legal notices must present the legal notices as the
  109  dominant and leading subject matter of those pages. The
  110  newspaper’s website must contain a search function to facilitate
  111  searching the legal notices. A fee may not be charged, and
  112  registration may not be required, for viewing or searching legal
  113  notices on a newspaper’s website if the legal notice is
  114  published in a newspaper.
  115         (4)(a)(3)(a) If a legal notice is published in the print
  116  edition of a newspaper or on a newspaper’s website, the
  117  newspaper publishing the notice shall place the notice on the
  118  statewide website established and maintained as an initiative of
  119  the Florida Press Association as a repository for such notices
  120  located at the following address: www.floridapublicnotices.com.
  121         (b) A legal notice placed on the statewide website created
  122  under this subsection must be:
  123         1. Accessible and searchable by party name and case number.
  124         2. Posted for a period of at least 90 consecutive days
  125  after the first day of posting.
  126         (c) The statewide website created under this subsection
  127  shall maintain a searchable archive of all legal notices posted
  128  on the publicly accessible website on or after October 1, 2014,
  129  for 18 months after the first day of posting. Such searchable
  130  archive shall be provided and accessible to the general public
  131  without charge.
  132         (d) In its operation of the statewide website, the Florida
  133  Press Association shall consult with the Black Press Association
  134  of Florida to ensure that minority populations throughout the
  135  state have equitable access to legal notices that are posted on
  136  the Internet.
  137         (5)(a)In lieu of publishing a legal notice in the print
  138  edition of a newspaper of general circulation within the
  139  jurisdiction of the affected governmental agency, a governmental
  140  agency may opt for Internet-only publication with any newspaper
  141  of general circulation within this state so long as the
  142  governmental agency determines that the Internet publication of
  143  such notice would not unreasonably restrict public access. Any
  144  such notice that is published only on the Internet in accordance
  145  with this subsection must be placed in the legal notices section
  146  of the newspaper’s website and the statewide website established
  147  under subsection (4). All requirements regarding the format and
  148  accessibility of legal notices placed on the newspaper’s website
  149  and the statewide website in subsections (3) and (4) also apply
  150  to legal notices that are published only on the Internet in
  151  accordance with this subsection.
  152         (b) The legal notices section of the print edition of a
  153  newspaper and a newspaper’s website must include a disclaimer
  154  stating that the listing of legal notices may not include all
  155  legal notices affecting the area of distribution of the
  156  newspaper and that additional legal notices may be accessed on
  157  the statewide legal notice website.
  158         (c) A newspaper may charge for the publication of any legal
  159  notice that is published only on the newspaper’s website,
  160  without rebate, commission, or refund; however, the newspaper
  161  may not charge any higher rate for publication than the amount
  162  that would be authorized under s. 50.061 if the legal notice had
  163  been printed in the newspaper. The penalties prescribed in s.
  164  50.061(7) for allowing or accepting any rebate, commission, or
  165  refund in connection to the amounts charged for publication also
  166  apply to any legal notices that are published only on the
  167  Internet in accordance with this subsection.
  168         (d) If a governmental agency exercises the option to
  169  publish legal notices on the Internet in accordance with this
  170  subsection, such agency must provide notice at least once per
  171  week in the print edition of a newspaper of general circulation
  172  within the region in which the governmental agency is located
  173  which states that legal notices pertaining to the agency do not
  174  all appear in the print edition of the local newspaper and that
  175  a full listing of any legal notices may be accessed on the
  176  statewide legal notice website located at
  177  www.floridapublicnotices.com.
  178         (6)(4) Newspapers that publish legal notices shall, upon
  179  request, provide e-mail notification of new legal notices when
  180  they are published printed in the newspaper or on and added to
  181  the newspaper’s website. Such e-mail notification shall be
  182  provided without charge, and notification for such an e-mail
  183  registry shall be available on the front page of the legal
  184  notices section of the newspaper’s website.
  185         Section 4. Section 50.031, Florida Statutes, is amended to
  186  read:
  187         50.031 Newspapers in which legal notices and process may be
  188  published.—No notice or publication required to be published in
  189  the print edition of a newspaper or on a newspaper’s website in
  190  the nature of or in lieu of process of any kind, nature,
  191  character or description provided for under any law of the
  192  state, whether heretofore or hereafter enacted, and whether
  193  pertaining to constructive service, or the initiating, assuming,
  194  reviewing, exercising or enforcing jurisdiction or power, by any
  195  court in this state, or any notice of sale of property, real or
  196  personal, for taxes, state, county or municipal, or sheriff’s,
  197  guardian’s or administrator’s or any sale made pursuant to any
  198  judicial order, decree or statute or any other publication or
  199  notice pertaining to any affairs of the state, or any county,
  200  municipality or other political subdivision thereof, shall be
  201  deemed to have been published in accordance with the statutes
  202  providing for such publication, unless the same shall have been
  203  published for the prescribed period of time required for such
  204  publication, in a newspaper which at the time of such
  205  publication shall have been in existence for 1 year and shall
  206  have been entered as periodicals matter at a post office in the
  207  county where published, or in a newspaper which is a direct
  208  successor of a newspaper which has together have been so
  209  published; provided, however, that nothing herein contained
  210  shall apply where in any county there shall be no newspaper in
  211  existence which shall have been published for the length of time
  212  above prescribed. No legal publication of any kind, nature or
  213  description, as herein defined, shall be valid or binding or
  214  held to be in compliance with the statutes providing for such
  215  publication unless the same shall have been published in
  216  accordance with the provisions of this section or s. 50.0211(5).
  217  Proof of such publication shall be made by uniform affidavit.
  218         Section 5. Section 50.041, Florida Statutes, is amended to
  219  read:
  220         50.041 Proof of publication; uniform affidavits required.—
  221         (1) All affidavits of publishers of newspapers (or their
  222  official representatives) made for the purpose of establishing
  223  proof of publication of public notices or legal advertisements
  224  shall be uniform throughout the state.
  225         (2) Each such affidavit shall be printed upon white paper
  226  and shall be 8 1/2 inches in width and of convenient length, not
  227  less than 5 1/2 inches. A white margin of not less than 2 1/2
  228  inches shall be left at the right side of each affidavit form
  229  and upon or in this space shall be substantially pasted a
  230  clipping which shall be a true copy of the public notice or
  231  legal advertisement for which proof is executed. Alternatively,
  232  the affidavit may be provided in electronic rather than paper
  233  form, provided the notarization of the affidavit complies with
  234  the requirements of s. 117.021.
  235         (3) In all counties having a population in excess of
  236  450,000 according to the latest official decennial census, in
  237  addition to the charges which are now or may hereafter be
  238  established by law for the publication of every official notice
  239  or legal advertisement, There may be a charge not to exceed $2
  240  levied for the preparation and execution of each such proof of
  241  publication or publisher’s affidavit.
  242         Section 6. Section 50.051, Florida Statutes, is amended to
  243  read:
  244         50.051 Proof of publication; form of uniform affidavit.—The
  245  printed form upon which all such affidavits establishing proof
  246  of publication are to be executed shall be substantially as
  247  follows:
  248                      NAME OF COUNTY NEWSPAPER                     
  249                     Published (Weekly or Daily)                   
  250                   (Town or City)(County)FLORIDA                 
  251  STATE OF FLORIDA
  252  
  253  COUNTY OF ....:
  254         Before the undersigned authority personally appeared ....,
  255  who on oath says that he or she is .... of the ...., a ....
  256  newspaper published at .... in .... County, Florida; that the
  257  attached copy of advertisement, being a .... in the matter of
  258  .... in the .... Court, was published in said newspaper by print
  259  in the issues of .... or by publication on the newspaper’s
  260  website on ...(date)....
  261         Affiant further says that the newspaper complies with all
  262  legal requirements for publication in chapter 50, Florida
  263  Statutes said .... is a newspaper published at ...., in said
  264  .... County, Florida, and that the said newspaper has heretofore
  265  been continuously published in said .... County, Florida, each
  266  .... and has been entered as periodicals matter at the post
  267  office in ...., in said .... County, Florida, for a period of 1
  268  year next preceding the first publication of the attached copy
  269  of advertisement; and affiant further says that he or she has
  270  neither paid nor promised any person, firm or corporation any
  271  discount, rebate, commission or refund for the purpose of
  272  securing this advertisement for publication in the said
  273  newspaper.
  274  
  275  Sworn to and subscribed before me this .... day of ....,
  276  ...(year)..., by ...., who is personally known to me or who has
  277  produced (type of identification) as identification.
  278  
  279  ...(Signature of Notary Public)...
  280  
  281  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  282  
  283  ...(Notary Public)...
  284         Section 7. Subsection (4) of section 83.806, Florida
  285  Statutes, is amended to read:
  286         83.806 Enforcement of lien.—An owner’s lien as provided in
  287  s. 83.805 may be satisfied as follows:
  288         (4) After the expiration of the time given in the notice,
  289  an advertisement of the sale or other disposition shall be
  290  published once a week for 2 consecutive weeks in a newspaper of
  291  general circulation in the area where the self-service storage
  292  facility or self-contained storage unit is located or published
  293  continuously for 14 consecutive days on a public website that
  294  customarily conducts personal property auctions.
  295         (a) A lien sale may be conducted on a public website that
  296  customarily conducts personal property auctions. The facility or
  297  unit owner is not required to hold a license to post property
  298  for online sale. Inasmuch as any sale may involve property of
  299  more than one tenant, a single advertisement may be used to
  300  dispose of property at any one sale.
  301         (b) The advertisement shall include:
  302         1. A brief and general description of what is believed to
  303  constitute the personal property contained in the storage unit,
  304  as provided in paragraph (2)(b).
  305         2. The address of the self-service storage facility or the
  306  address where the self-contained storage unit is located and the
  307  name of the tenant.
  308         3. The time, place, and manner of the sale or other
  309  disposition. The sale or other disposition shall take place at
  310  least 15 days after the first publication.
  311         (c) If there is no newspaper of general circulation in the
  312  area where the self-service storage facility or self-contained
  313  storage unit is located, the advertisement shall be posted at
  314  least 10 days before the date of the sale or other disposition
  315  in at least three conspicuous places in the neighborhood where
  316  the self-service storage facility or self-contained storage unit
  317  is located or published continuously for 14 consecutive days on
  318  a public website that customarily conducts personal property
  319  auctions.
  320         Section 8. Section 11.02, Florida Statutes, is amended to
  321  read:
  322         11.02 Notice of special or local legislation or certain
  323  relief acts.—The notice required to obtain special or local
  324  legislation or any relief act specified in s. 11.065 shall be by
  325  publishing the identical notice in each county involved in some
  326  newspaper as provided defined in chapter 50 published in or
  327  circulated throughout the county or counties where the matter or
  328  thing to be affected by such legislation shall be situated one
  329  time at least 30 days before introduction of the proposed law
  330  into the Legislature or, if the notice is not made by Internet
  331  publication as provided in s. 50.0211(5) and there being no
  332  newspaper circulated throughout or published in the county, by
  333  posting for at least 30 days at not less than three public
  334  places in the county or each of the counties, one of which
  335  places shall be at the courthouse in the county or counties
  336  where the matter or thing to be affected by such legislation
  337  shall be situated. Notice of special or local legislation shall
  338  state the substance of the contemplated law, as required by s.
  339  10, Art. III of the State Constitution. Notice of any relief act
  340  specified in s. 11.065 shall state the name of the claimant, the
  341  nature of the injury or loss for which the claim is made, and
  342  the amount of the claim against the affected municipality’s
  343  revenue-sharing trust fund.
  344         Section 9. Subsection (2) of section 45.031, Florida
  345  Statutes, is amended to read:
  346         45.031 Judicial sales procedure.—In any sale of real or
  347  personal property under an order or judgment, the procedures
  348  provided in this section and ss. 45.0315-45.035 may be followed
  349  as an alternative to any other sale procedure if so ordered by
  350  the court.
  351         (2) PUBLICATION OF SALE.—Notice of sale shall be published
  352  by Internet publication in accordance with s. 50.0211(5) for at
  353  least 2 consecutive weeks before the sale or, if published in
  354  print, once a week for 2 consecutive weeks in a newspaper of
  355  general circulation, as provided defined in chapter 50,
  356  published in the county where the sale is to be held. The second
  357  publication by print shall be at least 5 days before the sale.
  358  The notice shall contain:
  359         (a) A description of the property to be sold.
  360         (b) The time and place of sale.
  361         (c) A statement that the sale will be made pursuant to the
  362  order or final judgment.
  363         (d) The caption of the action.
  364         (e) The name of the clerk making the sale.
  365         (f) A statement that any person claiming an interest in the
  366  surplus from the sale, if any, other than the property owner as
  367  of the date of the lis pendens must file a claim before the
  368  clerk reports the surplus as unclaimed.
  369  
  370  The court, in its discretion, may enlarge the time of the sale.
  371  Notice of the changed time of sale shall be published as
  372  provided herein.
  373         Section 10. Paragraph (d) of subsection (1) of section
  374  120.81, Florida Statutes, is amended to read:
  375         120.81 Exceptions and special requirements; general areas.—
  376         (1) EDUCATIONAL UNITS.—
  377         (d) Notwithstanding any other provision of this chapter,
  378  educational units shall not be required to include the full text
  379  of the rule or rule amendment in notices relating to rules and
  380  need not publish these or other notices in the Florida
  381  Administrative Register, but notice shall be made:
  382         1. By publication in the print edition of a newspaper of
  383  general circulation in the affected area or by Internet
  384  publication in accordance with s. 50.0211(5);
  385         2. By mail to all persons who have made requests of the
  386  educational unit for advance notice of its proceedings and to
  387  organizations representing persons affected by the proposed
  388  rule; and
  389         3. By posting in appropriate places so that those
  390  particular classes of persons to whom the intended action is
  391  directed may be duly notified.
  392         Section 11. Subsection (2) of section 121.0511, Florida
  393  Statutes, is amended to read:
  394         121.0511 Revocation of election and alternative plan.—The
  395  governing body of any municipality or independent special
  396  district that has elected to participate in the Florida
  397  Retirement System may revoke its election in accordance with the
  398  following procedure:
  399         (2) At least 7 days, but not more than 15 days, before the
  400  hearing, notice of intent to revoke, specifying the time and
  401  place of the hearing, must be published as provided in chapter
  402  50 in a newspaper of general circulation in the area affected,
  403  as provided by ss. 50.011-50.031. Proof of publication of the
  404  notice must be submitted to the Department of Management
  405  Services.
  406         Section 12. Paragraphs (b) and (h) of subsection (1) of
  407  section 121.055, Florida Statutes, are amended to read:
  408         121.055 Senior Management Service Class.—There is hereby
  409  established a separate class of membership within the Florida
  410  Retirement System to be known as the “Senior Management Service
  411  Class,” which shall become effective February 1, 1987.
  412         (1)
  413         (b)1. Except as provided in subparagraph 2., effective
  414  January 1, 1990, participation in the Senior Management Service
  415  Class is compulsory for the president of each community college,
  416  the manager of each participating municipality or county, and
  417  all appointed district school superintendents. Effective January
  418  1, 1994, additional positions may be designated for inclusion in
  419  the Senior Management Service Class if:
  420         a. Positions to be included in the class are designated by
  421  the local agency employer. Notice of intent to designate
  422  positions for inclusion in the class must be published for at
  423  least 2 consecutive weeks if published by Internet publication
  424  as provided in s. 50.0211(5) or, if published in print, once a
  425  week for 2 consecutive weeks in a newspaper of general
  426  circulation published in the county or counties affected, as
  427  provided in chapter 50.
  428         b. Up to 10 nonelective full-time positions may be
  429  designated for each local agency employer reporting to the
  430  department; for local agencies with 100 or more regularly
  431  established positions, additional nonelective full-time
  432  positions may be designated, not to exceed 1 percent of the
  433  regularly established positions within the agency.
  434         c. Each position added to the class must be a managerial or
  435  policymaking position filled by an employee who is not subject
  436  to continuing contract and serves at the pleasure of the local
  437  agency employer without civil service protection, and who:
  438         (I) Heads an organizational unit; or
  439         (II) Has responsibility to effect or recommend personnel,
  440  budget, expenditure, or policy decisions in his or her areas of
  441  responsibility.
  442         2. In lieu of participation in the Senior Management
  443  Service Class, members of the Senior Management Service Class,
  444  pursuant to subparagraph 1., may withdraw from the Florida
  445  Retirement System altogether. The decision to withdraw from the
  446  system is irrevocable as long as the employee holds the
  447  position. Any service creditable under the Senior Management
  448  Service Class shall be retained after the member withdraws from
  449  the system; however, additional service credit in the Senior
  450  Management Service Class may not be earned after such
  451  withdrawal. Such members are not eligible to participate in the
  452  Senior Management Service Optional Annuity Program.
  453         3. Effective January 1, 2006, through June 30, 2006, an
  454  employee who has withdrawn from the Florida Retirement System
  455  under subparagraph 2. has one opportunity to elect to
  456  participate in the pension plan or the investment plan.
  457         a. If the employee elects to participate in the investment
  458  plan, membership shall be prospective, and the applicable
  459  provisions of s. 121.4501(4) govern the election.
  460         b. If the employee elects to participate in the pension
  461  plan, the employee shall, upon payment to the system trust fund
  462  of the amount calculated under sub-sub-subparagraph (I), receive
  463  service credit for prior service based upon the time during
  464  which the employee had withdrawn from the system.
  465         (I) The cost for such credit shall be an amount
  466  representing the actuarial accrued liability for the affected
  467  period of service. The cost shall be calculated using the
  468  discount rate and other relevant actuarial assumptions that were
  469  used to value the pension plan liabilities in the most recent
  470  actuarial valuation. The calculation must include any service
  471  already maintained under the pension plan in addition to the
  472  period of withdrawal. The actuarial accrued liability
  473  attributable to any service already maintained under the pension
  474  plan shall be applied as a credit to the total cost resulting
  475  from the calculation. The division must ensure that the transfer
  476  sum is prepared using a formula and methodology certified by an
  477  actuary.
  478         (II) The employee must transfer a sum representing the net
  479  cost owed for the actuarial accrued liability in sub-sub
  480  subparagraph (I) immediately following the time of such
  481  movement, determined assuming that attained service equals the
  482  sum of service in the pension plan and the period of withdrawal.
  483         (h)1. Except as provided in subparagraph 3., effective
  484  January 1, 1994, participation in the Senior Management Service
  485  Class shall be compulsory for the State Courts Administrator and
  486  the Deputy State Courts Administrators, the Clerk of the Supreme
  487  Court, the Marshal of the Supreme Court, the Executive Director
  488  of the Justice Administrative Commission, the capital collateral
  489  regional counsel, the clerks of the district courts of appeals,
  490  the marshals of the district courts of appeals, and the trial
  491  court administrator and the Chief Deputy Court Administrator in
  492  each judicial circuit. Effective January 1, 1994, additional
  493  positions in the offices of the state attorney and public
  494  defender in each judicial circuit may be designated for
  495  inclusion in the Senior Management Service Class of the Florida
  496  Retirement System, provided that:
  497         a. Positions to be included in the class shall be
  498  designated by the state attorney or public defender, as
  499  appropriate. Notice of intent to designate positions for
  500  inclusion in the class shall be published for at least 2
  501  consecutive weeks by Internet publication as provided in s.
  502  50.0211(5) or, if published in print, once a week for 2
  503  consecutive weeks in a newspaper of general circulation
  504  published in the county or counties affected, as provided in
  505  chapter 50.
  506         b. One nonelective full-time position may be designated for
  507  each state attorney and public defender reporting to the
  508  Department of Management Services; for agencies with 200 or more
  509  regularly established positions under the state attorney or
  510  public defender, additional nonelective full-time positions may
  511  be designated, not to exceed 0.5 percent of the regularly
  512  established positions within the agency.
  513         c. Each position added to the class must be a managerial or
  514  policymaking position filled by an employee who serves at the
  515  pleasure of the state attorney or public defender without civil
  516  service protection, and who:
  517         (I) Heads an organizational unit; or
  518         (II) Has responsibility to effect or recommend personnel,
  519  budget, expenditure, or policy decisions in his or her areas of
  520  responsibility.
  521         2. Participation in this class shall be compulsory, except
  522  as provided in subparagraph 3., for any judicial employee who
  523  holds a position designated for coverage in the Senior
  524  Management Service Class, and such participation shall continue
  525  until the employee terminates employment in a covered position.
  526  Effective January 1, 2001, participation in this class is
  527  compulsory for assistant state attorneys, assistant statewide
  528  prosecutors, assistant public defenders, and assistant capital
  529  collateral regional counsel. Effective January 1, 2002,
  530  participation in this class is compulsory for assistant
  531  attorneys general.
  532         3. In lieu of participation in the Senior Management
  533  Service Class, such members, excluding assistant state
  534  attorneys, assistant public defenders, assistant statewide
  535  prosecutors, assistant attorneys general, and assistant capital
  536  collateral regional counsel, may participate in the Senior
  537  Management Service Optional Annuity Program as established in
  538  subsection (6).
  539         Section 13. Paragraph (a) of subsection (2) and paragraph
  540  (b) of subsection (4) of section 125.66, Florida Statutes, are
  541  amended to read:
  542         125.66 Ordinances; enactment procedure; emergency
  543  ordinances; rezoning or change of land use ordinances or
  544  resolutions.—
  545         (2)(a) The regular enactment procedure shall be as follows:
  546  The board of county commissioners at any regular or special
  547  meeting may enact or amend any ordinance, except as provided in
  548  subsection (4), if notice of intent to consider such ordinance
  549  is given at least 10 days before such prior to said meeting by
  550  publication as provided in chapter 50 in a newspaper of general
  551  circulation in the county. A copy of such notice shall be kept
  552  available for public inspection during the regular business
  553  hours of the office of the clerk of the board of county
  554  commissioners. The notice of proposed enactment shall state the
  555  date, time, and place of the meeting; the title or titles of
  556  proposed ordinances; and the place or places within the county
  557  where such proposed ordinances may be inspected by the public.
  558  The notice shall also advise that interested parties may appear
  559  at the meeting and be heard with respect to the proposed
  560  ordinance.
  561         (4) Ordinances or resolutions, initiated by other than the
  562  county, that change the actual zoning map designation of a
  563  parcel or parcels of land shall be enacted pursuant to
  564  subsection (2). Ordinances or resolutions that change the actual
  565  list of permitted, conditional, or prohibited uses within a
  566  zoning category, or ordinances or resolutions initiated by the
  567  county that change the actual zoning map designation of a parcel
  568  or parcels of land shall be enacted pursuant to the following
  569  procedure:
  570         (b) In cases in which the proposed ordinance or resolution
  571  changes the actual list of permitted, conditional, or prohibited
  572  uses within a zoning category, or changes the actual zoning map
  573  designation of a parcel or parcels of land involving 10
  574  contiguous acres or more, the board of county commissioners
  575  shall provide for public notice and hearings as follows:
  576         1. The board of county commissioners shall hold two
  577  advertised public hearings on the proposed ordinance or
  578  resolution. At least one hearing shall be held after 5 p.m. on a
  579  weekday, unless the board of county commissioners, by a majority
  580  plus one vote, elects to conduct that hearing at another time of
  581  day. The first public hearing shall be held at least 7 days
  582  after the day that the first advertisement is published. The
  583  second hearing shall be held at least 10 days after the first
  584  hearing and shall be advertised at least 5 days prior to the
  585  public hearing.
  586         2. If published in the print edition of a newspaper, the
  587  required advertisements shall be no less than 2 columns wide by
  588  10 inches long in a standard size or a tabloid size newspaper,
  589  and the headline in the advertisement shall be in a type no
  590  smaller than 18 point. The advertisement shall not be placed in
  591  that portion of the newspaper where legal notices and classified
  592  advertisements appear. The advertisement shall be placed in a
  593  newspaper of general paid circulation in the county and of
  594  general interest and readership in the community pursuant to
  595  chapter 50, not one of limited subject matter. It is the
  596  legislative intent that, whenever possible, the advertisement
  597  shall appear in a newspaper that is published at least weekly 5
  598  days a week unless the only newspaper in the community is
  599  published less than weekly 5 days a week. The advertisement
  600  shall be in substantially the following form:
  601                     NOTICE OF (TYPE OF) CHANGE                    
  602  
  603         The ...(name of local governmental unit)... proposes to
  604  adopt the following by ordinance or resolution:...(title of
  605  ordinance or resolution)....
  606         A public hearing on the ordinance or resolution will be
  607  held on ...(date and time)... at ...(meeting place)....
  608  
  609  Except for amendments which change the actual list of permitted,
  610  conditional, or prohibited uses within a zoning category, the
  611  advertisement shall contain a geographic location map which
  612  clearly indicates the area within the local government covered
  613  by the proposed ordinance or resolution. The map shall include
  614  major street names as a means of identification of the general
  615  area. If In addition to being published in the print edition of
  616  the newspaper, the map must be part of any the online notice
  617  made required pursuant to s. 50.0211.
  618         3. In lieu of publishing the advertisements set out in this
  619  paragraph, the board of county commissioners may mail a notice
  620  to each person owning real property within the area covered by
  621  the ordinance or resolution. Such notice shall clearly explain
  622  the proposed ordinance or resolution and shall notify the person
  623  of the time, place, and location of both public hearings on the
  624  proposed ordinance or resolution.
  625         Section 14. Paragraph (a) of subsection (2) of section
  626  162.12, Florida Statutes, is amended to read:
  627         162.12 Notices.—
  628         (2) In addition to providing notice as set forth in
  629  subsection (1), at the option of the code enforcement board or
  630  the local government, notice may be served by publication or
  631  posting, as follows:
  632         (a)1. Such notice shall be published for 4 consecutive
  633  weeks on a newspaper’s website and the statewide legal notice
  634  website as provided in s. 50.0211(5) or, if published in print,
  635  once during each week for 4 consecutive weeks (four publications
  636  being sufficient) in a newspaper of general circulation in the
  637  county where the code enforcement board is located. The
  638  newspaper shall meet such requirements as are prescribed under
  639  chapter 50 for legal and official advertisements.
  640         2. Proof of publication shall be made as provided in ss.
  641  50.041 and 50.051.
  642         Section 15. Paragraph (c) of subsection (3) of section
  643  166.041, Florida Statutes, is amended to read:
  644         166.041 Procedures for adoption of ordinances and
  645  resolutions.—
  646         (3)
  647         (c) Ordinances initiated by other than the municipality
  648  that change the actual zoning map designation of a parcel or
  649  parcels of land shall be enacted pursuant to paragraph (a).
  650  Ordinances that change the actual list of permitted,
  651  conditional, or prohibited uses within a zoning category, or
  652  ordinances initiated by the municipality that change the actual
  653  zoning map designation of a parcel or parcels of land shall be
  654  enacted pursuant to the following procedure:
  655         1. In cases in which the proposed ordinance changes the
  656  actual zoning map designation for a parcel or parcels of land
  657  involving less than 10 contiguous acres, the governing body
  658  shall direct the clerk of the governing body to notify by mail
  659  each real property owner whose land the municipality will
  660  redesignate by enactment of the ordinance and whose address is
  661  known by reference to the latest ad valorem tax records. The
  662  notice shall state the substance of the proposed ordinance as it
  663  affects that property owner and shall set a time and place for
  664  one or more public hearings on such ordinance. Such notice shall
  665  be given at least 30 days prior to the date set for the public
  666  hearing, and a copy of the notice shall be kept available for
  667  public inspection during the regular business hours of the
  668  office of the clerk of the governing body. The governing body
  669  shall hold a public hearing on the proposed ordinance and may,
  670  upon the conclusion of the hearing, immediately adopt the
  671  ordinance.
  672         2. In cases in which the proposed ordinance changes the
  673  actual list of permitted, conditional, or prohibited uses within
  674  a zoning category, or changes the actual zoning map designation
  675  of a parcel or parcels of land involving 10 contiguous acres or
  676  more, the governing body shall provide for public notice and
  677  hearings as follows:
  678         a. The local governing body shall hold two advertised
  679  public hearings on the proposed ordinance. At least one hearing
  680  shall be held after 5 p.m. on a weekday, unless the local
  681  governing body, by a majority plus one vote, elects to conduct
  682  that hearing at another time of day. The first public hearing
  683  shall be held at least 7 days after the day that the first
  684  advertisement is published. The second hearing shall be held at
  685  least 10 days after the first hearing and shall be advertised at
  686  least 5 days prior to the public hearing.
  687         b. If published in the print edition of a newspaper, the
  688  required advertisements shall be no less than 2 columns wide by
  689  10 inches long in a standard size or a tabloid size newspaper,
  690  and the headline in the advertisement shall be in a type no
  691  smaller than 18 point. The advertisement shall not be placed in
  692  that portion of the newspaper where legal notices and classified
  693  advertisements appear. The advertisement shall be placed in a
  694  newspaper of general paid circulation in the municipality and of
  695  general interest and readership in the municipality, not one of
  696  limited subject matter, pursuant to chapter 50. It is the
  697  legislative intent that, whenever possible, the advertisement
  698  appear in a newspaper that is published at least weekly 5 days a
  699  week unless the only newspaper in the municipality is published
  700  less than weekly 5 days a week. The advertisement shall be in
  701  substantially the following form:
  702  
  703                     NOTICE OF (TYPE OF) CHANGE                    
  704  
  705         The ...(name of local governmental unit)... proposes to
  706  adopt the following ordinance:...(title of the ordinance)....
  707         A public hearing on the ordinance will be held on ...(date
  708  and time)... at ...(meeting place)....
  709  
  710  Except for amendments which change the actual list of permitted,
  711  conditional, or prohibited uses within a zoning category, the
  712  advertisement shall contain a geographic location map which
  713  clearly indicates the area covered by the proposed ordinance.
  714  The map shall include major street names as a means of
  715  identification of the general area. If In addition to being
  716  published in the print edition of the newspaper, the map must
  717  also be part of any the online notice made required pursuant to
  718  s. 50.0211.
  719         c. In lieu of publishing the advertisement set out in this
  720  paragraph, the municipality may mail a notice to each person
  721  owning real property within the area covered by the ordinance.
  722  Such notice shall clearly explain the proposed ordinance and
  723  shall notify the person of the time, place, and location of any
  724  public hearing on the proposed ordinance.
  725         Section 16. Subsection (1) of section 189.015, Florida
  726  Statutes, is amended to read:
  727         189.015 Meetings; notice; required reports.—
  728         (1) The governing body of each special district shall file
  729  quarterly, semiannually, or annually a schedule of its regular
  730  meetings with the local governing authority or authorities. The
  731  schedule shall include the date, time, and location of each
  732  scheduled meeting. The schedule shall be published quarterly,
  733  semiannually, or annually in a newspaper of general paid
  734  circulation in the manner required in this subsection. The
  735  governing body of an independent special district shall
  736  advertise the day, time, place, and purpose of any meeting other
  737  than a regular meeting or any recessed and reconvened meeting of
  738  the governing body, at least 7 days before such meeting as
  739  provided in chapter 50, in a newspaper of general paid
  740  circulation in the county or counties in which the special
  741  district is located, unless a bona fide emergency situation
  742  exists, in which case a meeting to deal with the emergency may
  743  be held as necessary, with reasonable notice, so long as it is
  744  subsequently ratified by the governing body. No approval of the
  745  annual budget shall be granted at an emergency meeting. The
  746  notice shall be posted as provided in advertisement shall be
  747  placed in that portion of the newspaper where legal notices and
  748  classified advertisements appear. The advertisement shall appear
  749  in a newspaper that is published at least 5 days a week, unless
  750  the only newspaper in the county is published fewer than 5 days
  751  a week. The newspaper selected must be one of general interest
  752  and readership in the community and not one of limited subject
  753  matter, pursuant to chapter 50. Any other provision of law to
  754  the contrary notwithstanding, and except in the case of
  755  emergency meetings, water management districts may provide
  756  reasonable notice of public meetings held to evaluate responses
  757  to solicitations issued by the water management district, by
  758  publication as provided in chapter 50 by Internet publication or
  759  by publication in a newspaper of general paid circulation in the
  760  county where the principal office of the water management
  761  district is located, or in the county or counties where the
  762  public work will be performed, no less than 7 days before such
  763  meeting.
  764         Section 17. Paragraph (d) of subsection (1) of section
  765  190.005, Florida Statutes, is amended to read:
  766         190.005 Establishment of district.—
  767         (1) The exclusive and uniform method for the establishment
  768  of a community development district with a size of 2,500 acres
  769  or more shall be pursuant to a rule, adopted under chapter 120
  770  by the Florida Land and Water Adjudicatory Commission, granting
  771  a petition for the establishment of a community development
  772  district.
  773         (d) A local public hearing on the petition shall be
  774  conducted by a hearing officer in conformance with the
  775  applicable requirements and procedures of the Administrative
  776  Procedure Act. The hearing shall include oral and written
  777  comments on the petition pertinent to the factors specified in
  778  paragraph (e). The hearing shall be held at an accessible
  779  location in the county in which the community development
  780  district is to be located. The petitioner shall cause a notice
  781  of the hearing to be published for 4 successive weeks on a
  782  newspaper’s website and the statewide legal notice website
  783  provided in s. 50.0211(5) or, if published in print, in a
  784  newspaper at least once a week for the 4 successive weeks
  785  immediately prior to the hearing as provided in chapter 50. Such
  786  notice shall give the time and place for the hearing, a
  787  description of the area to be included in the district, which
  788  description shall include a map showing clearly the area to be
  789  covered by the district, and any other relevant information
  790  which the establishing governing bodies may require. If
  791  published in the print edition of a newspaper, the advertisement
  792  may shall not be placed in the that portion of the newspaper
  793  where legal notices and classified advertisements appear. The
  794  advertisement must shall be published in a newspaper of general
  795  paid circulation in the county and of general interest and
  796  readership in the community, not one of limited subject matter,
  797  pursuant to chapter 50. Whenever possible, the advertisement
  798  shall appear in a newspaper that is published at least weekly 5
  799  days a week, unless the only newspaper in the community is
  800  published less than weekly fewer than 5 days a week. If the
  801  notice is In addition to being published in the print edition of
  802  the newspaper, the map referenced above must also be included in
  803  any part of the online advertisement required pursuant to s.
  804  50.0211. All affected units of general-purpose local government
  805  and the general public shall be given an opportunity to appear
  806  at the hearing and present oral or written comments on the
  807  petition.
  808         Section 18. Paragraph (h) of subsection (1) of section
  809  190.046, Florida Statutes, is amended to read:
  810         190.046 Termination, contraction, or expansion of
  811  district.—
  812         (1) A landowner or the board may petition to contract or
  813  expand the boundaries of a community development district in the
  814  following manner:
  815         (h) For a petition to establish a new community development
  816  district of less than 2,500 acres on land located solely in one
  817  county or one municipality, sufficiently contiguous lands
  818  located within the county or municipality which the petitioner
  819  anticipates adding to the boundaries of the district within 10
  820  years after the effective date of the ordinance establishing the
  821  district may also be identified. If such sufficiently contiguous
  822  land is identified, the petition must include a legal
  823  description of each additional parcel within the sufficiently
  824  contiguous land, the current owner of the parcel, the acreage of
  825  the parcel, and the current land use designation of the parcel.
  826  At least 14 days before the hearing required under s.
  827  190.005(2)(b), the petitioner must give the current owner of
  828  each such parcel notice of filing the petition to establish the
  829  district, the date and time of the public hearing on the
  830  petition, and the name and address of the petitioner. A parcel
  831  may not be included in the district without the written consent
  832  of the owner of the parcel.
  833         1. After establishment of the district, a person may
  834  petition the county or municipality to amend the boundaries of
  835  the district to include a previously identified parcel that was
  836  a proposed addition to the district before its establishment. A
  837  filing fee may not be charged for this petition. Each such
  838  petition must include:
  839         a. A legal description by metes and bounds of the parcel to
  840  be added;
  841         b. A new legal description by metes and bounds of the
  842  district;
  843         c. Written consent of all owners of the parcel to be added;
  844         d. A map of the district including the parcel to be added;
  845         e. A description of the development proposed on the
  846  additional parcel; and
  847         f. A copy of the original petition identifying the parcel
  848  to be added.
  849         2. Before filing with the county or municipality, the
  850  person must provide the petition to the district and to the
  851  owner of the proposed additional parcel, if the owner is not the
  852  petitioner.
  853         3. Once the petition is determined sufficient and complete,
  854  the county or municipality must process the addition of the
  855  parcel to the district as an amendment to the ordinance that
  856  establishes the district. The county or municipality may process
  857  all petitions to amend the ordinance for parcels identified in
  858  the original petition, even if, by adding such parcels, the
  859  district exceeds 2,500 acres.
  860         4. The petitioner shall cause to be published in a
  861  newspaper of general circulation in the proposed district a
  862  notice of the intent to amend the ordinance that establishes the
  863  district. The notice must be in addition to any notice required
  864  for adoption of the ordinance amendment. Such notice must be
  865  published as provided in chapter 50 at least 10 days before the
  866  scheduled hearing on the ordinance amendment and may be
  867  published in the section of the newspaper reserved for legal
  868  notices. The notice must include a general description of the
  869  land to be added to the district and the date and time of the
  870  scheduled hearing to amend the ordinance. The petitioner shall
  871  deliver, including by mail or hand delivery, the notice of the
  872  hearing on the ordinance amendment to the owner of the parcel
  873  and to the district at least 14 days before the scheduled
  874  hearing.
  875         5. The amendment of a district by the addition of a parcel
  876  pursuant to this paragraph does not alter the transition from
  877  landowner voting to qualified elector voting pursuant to s.
  878  190.006, even if the total size of the district after the
  879  addition of the parcel exceeds 5,000 acres. Upon adoption of the
  880  ordinance expanding the district, the petitioner must cause to
  881  be recorded a notice of boundary amendment which reflects the
  882  new boundaries of the district.
  883         6. This paragraph is intended to facilitate the orderly
  884  addition of lands to a district under certain circumstances and
  885  does not preclude the addition of lands to any district using
  886  the procedures in the other provisions of this section.
  887         Section 19. Subsection (1) of section 194.037, Florida
  888  Statutes, is amended to read:
  889         194.037 Disclosure of tax impact.—
  890         (1) After hearing all petitions, complaints, appeals, and
  891  disputes, the clerk shall make public notice of the findings and
  892  results of the board as provided in chapter 50. If published in
  893  the print edition of a newspaper, the notice must be in at least
  894  a quarter-page size advertisement of a standard size or tabloid
  895  size newspaper, and the headline shall be in a type no smaller
  896  than 18 point. The advertisement shall not be placed in that
  897  portion of the newspaper where legal notices and classified
  898  advertisements appear. The advertisement shall be published in a
  899  newspaper of general paid circulation in the county. The
  900  newspaper selected shall be one of general interest and
  901  readership in the community, and not one of limited subject
  902  matter, pursuant to chapter 50. For all advertisements published
  903  pursuant to this section, the headline shall read: TAX IMPACT OF
  904  VALUE ADJUSTMENT BOARD. The public notice shall list the members
  905  of the value adjustment board and the taxing authorities to
  906  which they are elected. The form shall show, in columnar form,
  907  for each of the property classes listed under subsection (2),
  908  the following information, with appropriate column totals:
  909         (a) In the first column, the number of parcels for which
  910  the board granted exemptions that had been denied or that had
  911  not been acted upon by the property appraiser.
  912         (b) In the second column, the number of parcels for which
  913  petitions were filed concerning a property tax exemption.
  914         (c) In the third column, the number of parcels for which
  915  the board considered the petition and reduced the assessment
  916  from that made by the property appraiser on the initial
  917  assessment roll.
  918         (d) In the fourth column, the number of parcels for which
  919  petitions were filed but not considered by the board because
  920  such petitions were withdrawn or settled prior to the board’s
  921  consideration.
  922         (e) In the fifth column, the number of parcels for which
  923  petitions were filed requesting a change in assessed value,
  924  including requested changes in assessment classification.
  925         (f) In the sixth column, the net change in taxable value
  926  from the assessor’s initial roll which results from board
  927  decisions.
  928         (g) In the seventh column, the net shift in taxes to
  929  parcels not granted relief by the board. The shift shall be
  930  computed as the amount shown in column 6 multiplied by the
  931  applicable millage rates adopted by the taxing authorities in
  932  hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
  933  the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  934  Constitution, but without adjustment as authorized pursuant to
  935  s. 200.065(6). If for any taxing authority the hearing has not
  936  been completed at the time the notice required herein is
  937  prepared, the millage rate used shall be that adopted in the
  938  hearing held pursuant to s. 200.065(2)(c).
  939         Section 20. Subsection (1) of section 197.402, Florida
  940  Statutes, is amended to read:
  941         197.402 Advertisement of real or personal property with
  942  delinquent taxes.—
  943         (1) If advertisements are required, the board of county
  944  commissioners shall make such notice select the newspaper as
  945  provided in chapter 50. The tax collector shall pay all
  946  newspaper charges, and the proportionate cost of the
  947  advertisements shall be added to the delinquent taxes collected.
  948         Section 21. Subsection (3) of section 200.065, Florida
  949  Statutes, is amended to read:
  950         200.065 Method of fixing millage.—
  951         (3) The advertisement shall be published as provided in
  952  chapter 50. If the advertisement is published in the print
  953  edition of a newspaper, the advertisement must be no less than
  954  one-quarter page in size of a standard size or a tabloid size
  955  newspaper, and the headline in the advertisement shall be in a
  956  type no smaller than 18 point. The advertisement shall not be
  957  placed in that portion of the newspaper where legal notices and
  958  classified advertisements appear. The advertisement shall be
  959  published in a newspaper of general paid circulation in the
  960  county or in a geographically limited insert of such newspaper.
  961  The geographic boundaries in which such insert is circulated
  962  shall include the geographic boundaries of the taxing authority.
  963  It is the legislative intent that, whenever possible, the
  964  advertisement appear in a newspaper that is published at least
  965  weekly 5 days a week unless the only newspaper in the county is
  966  published less than weekly 5 days a week, or that the
  967  advertisement appear in a geographically limited insert of such
  968  newspaper which insert is published throughout the taxing
  969  authority’s jurisdiction at least twice each week. It is further
  970  the legislative intent that the newspaper selected be one of
  971  general interest and readership in the community and not one of
  972  limited subject matter, pursuant to chapter 50.
  973         (a) For taxing authorities other than school districts
  974  which have tentatively adopted a millage rate in excess of 100
  975  percent of the rolled-back rate computed pursuant to subsection
  976  (1), the advertisement shall be in the following form:
  977                   NOTICE OF PROPOSED TAX INCREASE                 
  978  
  979         The ...(name of the taxing authority)... has tentatively
  980  adopted a measure to increase its property tax levy.
  981  Last year’s property tax levy:
  982         A. Initially proposed tax levy................$XX,XXX,XXX
  983         B. Less tax reductions due to Value Adjustment Board and
  984  other assessment changes...........................($XX,XXX,XXX)
  985         C. Actual property tax levy...................$XX,XXX,XXX
  986  This year’s proposed tax levy........................$XX,XXX,XXX
  987         All concerned citizens are invited to attend a public
  988  hearing on the tax increase to be held on ...(date and time)...
  989  at ...(meeting place)....
  990  
  991         A FINAL DECISION on the proposed tax increase and the
  992  budget will be made at this hearing.
  993         (b) In all instances in which the provisions of paragraph
  994  (a) are inapplicable for taxing authorities other than school
  995  districts, the advertisement shall be in the following form:
  996  
  997                      NOTICE OF BUDGET HEARING                     
  998  
  999         The ...(name of taxing authority)... has tentatively
 1000  adopted a budget for ...(fiscal year).... A public hearing to
 1001  make a FINAL DECISION on the budget AND TAXES will be held on
 1002  ...(date and time)... at ...(meeting place)....
 1003  
 1004         (c) For school districts which have proposed a millage rate
 1005  in excess of 100 percent of the rolled-back rate computed
 1006  pursuant to subsection (1) and which propose to levy nonvoted
 1007  millage in excess of the minimum amount required pursuant to s.
 1008  1011.60(6), the advertisement shall be in the following form:
 1009                   NOTICE OF PROPOSED TAX INCREASE                 
 1010  
 1011         The ...(name of school district)... will soon consider a
 1012  measure to increase its property tax levy.
 1013  Last year’s property tax levy:
 1014         A. Initially proposed tax levy................$XX,XXX,XXX
 1015         B. Less tax reductions due to Value Adjustment Board and
 1016  other assessment changes...........................($XX,XXX,XXX)
 1017         C. Actual property tax levy...................$XX,XXX,XXX
 1018  This year’s proposed tax levy........................$XX,XXX,XXX
 1019         A portion of the tax levy is required under state law in
 1020  order for the school board to receive $...(amount A)... in state
 1021  education grants. The required portion has ...(increased or
 1022  decreased)... by ...(amount B)... percent and represents
 1023  approximately ...(amount C)... of the total proposed taxes.
 1024         The remainder of the taxes is proposed solely at the
 1025  discretion of the school board.
 1026         All concerned citizens are invited to a public hearing on
 1027  the tax increase to be held on ...(date and time)... at
 1028  ...(meeting place)....
 1029         A DECISION on the proposed tax increase and the budget will
 1030  be made at this hearing.
 1031         1. AMOUNT A shall be an estimate, provided by the
 1032  Department of Education, of the amount to be received in the
 1033  current fiscal year by the district from state appropriations
 1034  for the Florida Education Finance Program.
 1035         2. AMOUNT B shall be the percent increase over the rolled
 1036  back rate necessary to levy only the required local effort in
 1037  the current fiscal year, computed as though in the preceding
 1038  fiscal year only the required local effort was levied.
 1039         3. AMOUNT C shall be the quotient of required local-effort
 1040  millage divided by the total proposed nonvoted millage, rounded
 1041  to the nearest tenth and stated in words; however, the stated
 1042  amount shall not exceed nine-tenths.
 1043         (d) For school districts which have proposed a millage rate
 1044  in excess of 100 percent of the rolled-back rate computed
 1045  pursuant to subsection (1) and which propose to levy as nonvoted
 1046  millage only the minimum amount required pursuant to s.
 1047  1011.60(6), the advertisement shall be the same as provided in
 1048  paragraph (c), except that the second and third paragraphs shall
 1049  be replaced with the following paragraph:
 1050  
 1051         This increase is required under state law in order for the
 1052  school board to receive $...(amount A)... in state education
 1053  grants.
 1054  
 1055         (e) In all instances in which the provisions of paragraphs
 1056  (c) and (d) are inapplicable for school districts, the
 1057  advertisement shall be in the following form:
 1058  
 1059                      NOTICE OF BUDGET HEARING                     
 1060  
 1061         The ...(name of school district)... will soon consider a
 1062  budget for ...(fiscal year).... A public hearing to make a
 1063  DECISION on the budget AND TAXES will be held on ...(date and
 1064  time)... at ...(meeting place)....
 1065  
 1066         (f) In lieu of publishing the notice set out in this
 1067  subsection, the taxing authority may mail a copy of the notice
 1068  to each elector residing within the jurisdiction of the taxing
 1069  authority.
 1070         (g) In the event that the mailing of the notice of proposed
 1071  property taxes is delayed beyond September 3 in a county, any
 1072  multicounty taxing authority which levies ad valorem taxes
 1073  within that county shall advertise its intention to adopt a
 1074  tentative budget and millage rate in a newspaper of paid general
 1075  circulation within that county, as provided in this subsection,
 1076  and shall hold the hearing required pursuant to paragraph (2)(c)
 1077  not less than 2 days or more than 5 days thereafter, and not
 1078  later than September 18. The advertisement shall be in the
 1079  following form, unless the proposed millage rate is less than or
 1080  equal to the rolled-back rate, computed pursuant to subsection
 1081  (1), in which case the advertisement shall be as provided in
 1082  paragraph (e):
 1083                       NOTICE OF TAX INCREASE                      
 1084  
 1085         The ...(name of the taxing authority)... proposes to
 1086  increase its property tax levy by ...(percentage of increase
 1087  over rolled-back rate)... percent.
 1088         All concerned citizens are invited to attend a public
 1089  hearing on the proposed tax increase to be held on ...(date and
 1090  time)... at ...(meeting place)....
 1091  
 1092         (h) In no event shall any taxing authority add to or delete
 1093  from the language of the advertisements as specified herein
 1094  unless expressly authorized by law, except that, if an increase
 1095  in ad valorem tax rates will affect only a portion of the
 1096  jurisdiction of a taxing authority, advertisements may include a
 1097  map or geographical description of the area to be affected and
 1098  the proposed use of the tax revenues under consideration. In
 1099  addition, if published in the print edition of the newspaper or
 1100  only published on the Internet in accordance with s. 50.0211(5),
 1101  the map must be included in part of the online advertisement
 1102  required by s. 50.0211. The advertisements required herein shall
 1103  not be accompanied, preceded, or followed by other advertising
 1104  or notices which conflict with or modify the substantive content
 1105  prescribed herein.
 1106         (i) The advertisements required pursuant to paragraphs (b)
 1107  and (e) need not be one-quarter page in size or have a headline
 1108  in type no smaller than 18 point.
 1109         (j) The amounts to be published as percentages of increase
 1110  over the rolled-back rate pursuant to this subsection shall be
 1111  based on aggregate millage rates and shall exclude voted millage
 1112  levies unless expressly provided otherwise in this subsection.
 1113         (k) Any taxing authority which will levy an ad valorem tax
 1114  for an upcoming budget year but does not levy an ad valorem tax
 1115  currently shall, in the advertisement specified in paragraph
 1116  (a), paragraph (c), paragraph (d), or paragraph (g), replace the
 1117  phrase “increase its property tax levy by ...(percentage of
 1118  increase over rolled-back rate)... percent” with the phrase
 1119  “impose a new property tax levy of $...(amount)... per $1,000
 1120  value.”
 1121         (l) Any advertisement required pursuant to this section
 1122  shall be accompanied by an adjacent notice meeting the budget
 1123  summary requirements of s. 129.03(3)(b). Except for those taxing
 1124  authorities proposing to levy ad valorem taxes for the first
 1125  time, the following statement shall appear in the budget summary
 1126  in boldfaced type immediately following the heading, if the
 1127  applicable percentage is greater than zero:
 1128  
 1129         THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of
 1130  taxing authority)... ARE ...(percent rounded to one decimal
 1131  place)... MORE THAN LAST YEAR’S TOTAL OPERATING EXPENDITURES.
 1132  
 1133  For purposes of this paragraph, “proposed operating budget
 1134  expenditures” or “operating expenditures” means all moneys of
 1135  the local government, including dependent special districts,
 1136  that:
 1137         1. Were or could be expended during the applicable fiscal
 1138  year, or
 1139         2. Were or could be retained as a balance for future
 1140  spending in the fiscal year.
 1141  
 1142  Provided, however, those moneys held in or used in trust,
 1143  agency, or internal service funds, and expenditures of bond
 1144  proceeds for capital outlay or for advanced refunded debt
 1145  principal, shall be excluded.
 1146         Section 22. Paragraph (c) of subsection (1) of section
 1147  338.223, Florida Statutes, is amended to read:
 1148         338.223 Proposed turnpike projects.—
 1149         (1)
 1150         (c) Prior to requesting legislative approval of a proposed
 1151  turnpike project, the environmental feasibility of the proposed
 1152  project shall be reviewed by the Department of Environmental
 1153  Protection. The department shall submit its Project Development
 1154  and Environmental Report to the Department of Environmental
 1155  Protection, along with a draft copy of a public notice. Within
 1156  14 days of receipt of the draft public notice, the Department of
 1157  Environmental Protection shall return the draft public notice to
 1158  the Department of Transportation with an approval of the
 1159  language or modifications to the language. Upon receipt of the
 1160  approved or modified draft, or if no comments are provided
 1161  within 14 days, the Department of Transportation shall publish
 1162  the notice as provided in chapter 50 in a newspaper to provide a
 1163  30-day public comment period. If published in the print edition
 1164  of a newspaper, the headline of the required notice shall be in
 1165  a type no smaller than 18 point,. The notice shall be placed in
 1166  that portion of the newspaper where legal notices appear, and .
 1167  The notice shall be published in a newspaper of general
 1168  circulation in the county or counties of general interest and
 1169  readership in the community as provided in s. 50.031, not one of
 1170  limited subject matter. Whenever possible, the notice shall
 1171  appear in a newspaper that is published at least weekly 5 days a
 1172  week. All notices published pursuant to this section The notice
 1173  shall include, at a minimum but is not limited to, the following
 1174  information:
 1175         1. The purpose of the notice is to provide for a 30-day
 1176  period for written public comments on the environmental impacts
 1177  of a proposed turnpike project.
 1178         2. The name and description of the project, along with a
 1179  geographic location map clearly indicating the area where the
 1180  proposed project will be located.
 1181         3. The address where such comments must be sent and the
 1182  date such comments are due.
 1183  
 1184  After a review of the department’s report and any public
 1185  comments, the Department of Environmental Protection shall
 1186  submit a statement of environmental feasibility to the
 1187  department within 30 days after the date on which public
 1188  comments are due. The notice and the statement of environmental
 1189  feasibility shall not give rise to any rights to a hearing or
 1190  other rights or remedies provided pursuant to chapter 120 or
 1191  chapter 403, and shall not bind the Department of Environmental
 1192  Protection in any subsequent environmental permit review.
 1193         Section 23. Subsection (3) of section 348.0308, Florida
 1194  Statutes, is amended to read:
 1195         348.0308 Public-private partnership.—The Legislature
 1196  declares that there is a public need for the rapid construction
 1197  of safe and efficient transportation facilities for traveling
 1198  within the state and that it is in the public’s interest to
 1199  provide for public-private partnership agreements to effectuate
 1200  the construction of additional safe, convenient, and economical
 1201  transportation facilities.
 1202         (3) The agency may request proposals for public-private
 1203  transportation projects or, if it receives an unsolicited
 1204  proposal, it must publish a notice in the Florida Administrative
 1205  Register and, as provided in chapter 50, by Internet publication
 1206  or by print in a newspaper of general circulation in the county
 1207  in which the project it is located at least once a week for 2
 1208  weeks stating that it has received the proposal and will accept,
 1209  for 60 days after the initial date of publication, other
 1210  proposals for the same project purpose. A copy of the notice
 1211  must be mailed to each local government in the affected areas.
 1212  After the public notification period has expired, the agency
 1213  shall rank the proposals in order of preference. In ranking the
 1214  proposals, the agency shall consider professional
 1215  qualifications, general business terms, innovative engineering
 1216  or cost-reduction terms, finance plans, and the need for state
 1217  funds to deliver the proposal. If the agency is not satisfied
 1218  with the results of the negotiations, it may, at its sole
 1219  discretion, terminate negotiations with the proposer. If these
 1220  negotiations are unsuccessful, the agency may go to the second
 1221  and lower-ranked firms, in order, using the same procedure. If
 1222  only one proposal is received, the agency may negotiate in good
 1223  faith, and if it is not satisfied with the results, it may, at
 1224  its sole discretion, terminate negotiations with the proposer.
 1225  The agency may, at its discretion, reject all proposals at any
 1226  point in the process up to completion of a contract with the
 1227  proposer.
 1228         Section 24. Subsection (3) of section 348.635, Florida
 1229  Statutes, is amended to read:
 1230         348.635 Public-private partnership.—The Legislature
 1231  declares that there is a public need for the rapid construction
 1232  of safe and efficient transportation facilities for traveling
 1233  within the state and that it is in the public’s interest to
 1234  provide for public-private partnership agreements to effectuate
 1235  the construction of additional safe, convenient, and economical
 1236  transportation facilities.
 1237         (3) The authority may request proposals for public-private
 1238  transportation projects or, if it receives an unsolicited
 1239  proposal, it must publish a notice in the Florida Administrative
 1240  Register and, as provided in chapter 50, by either Internet
 1241  publication or by print in and a newspaper of general
 1242  circulation in the county in which the project it is located at
 1243  least once a week for 2 weeks stating that it has received the
 1244  proposal and will accept, for 60 days after the initial date of
 1245  publication, other proposals for the same project purpose. A
 1246  copy of the notice must be mailed to each local government in
 1247  the affected areas. After the public notification period has
 1248  expired, the authority shall rank the proposals in order of
 1249  preference. In ranking the proposals, the authority shall
 1250  consider professional qualifications, general business terms,
 1251  innovative engineering or cost-reduction terms, finance plans,
 1252  and the need for state funds to deliver the proposal. If the
 1253  authority is not satisfied with the results of the negotiations,
 1254  it may, at its sole discretion, terminate negotiations with the
 1255  proposer. If these negotiations are unsuccessful, the authority
 1256  may go to the second and lower-ranked firms, in order, using the
 1257  same procedure. If only one proposal is received, the authority
 1258  may negotiate in good faith, and if it is not satisfied with the
 1259  results, it may, at its sole discretion, terminate negotiations
 1260  with the proposer. The authority may, at its discretion, reject
 1261  all proposals at any point in the process up to completion of a
 1262  contract with the proposer.
 1263         Section 25. Subsection (3) of section 348.7605, Florida
 1264  Statutes, is amended to read:
 1265         348.7605 Public-private partnership.—The Legislature
 1266  declares that there is a public need for the rapid construction
 1267  of safe and efficient transportation facilities for traveling
 1268  within the state and that it is in the public’s interest to
 1269  provide for public-private partnership agreements to effectuate
 1270  the construction of additional safe, convenient, and economical
 1271  transportation facilities.
 1272         (3) The authority may request proposals for public-private
 1273  transportation projects or, if it receives an unsolicited
 1274  proposal, it must publish a notice in the Florida Administrative
 1275  Register and, as provided in chapter 50, by either Internet
 1276  publication or by print in a newspaper of general circulation in
 1277  the county in which the project it is located at least once a
 1278  week for 2 weeks stating that it has received the proposal and
 1279  will accept, for 60 days after the initial date of publication,
 1280  other proposals for the same project purpose. A copy of the
 1281  notice must be mailed to each local government in the affected
 1282  areas. After the public notification period has expired, the
 1283  authority shall rank the proposals in order of preference. In
 1284  ranking the proposals, the authority shall consider professional
 1285  qualifications, general business terms, innovative engineering
 1286  or cost-reduction terms, finance plans, and the need for state
 1287  funds to deliver the proposal. If the authority is not satisfied
 1288  with the results of the negotiations, it may, at its sole
 1289  discretion, terminate negotiations with the proposer. If these
 1290  negotiations are unsuccessful, the authority may go to the
 1291  second and lower-ranked firms, in order, using the same
 1292  procedure. If only one proposal is received, the authority may
 1293  negotiate in good faith, and if it is not satisfied with the
 1294  results, it may, at its sole discretion, terminate negotiations
 1295  with the proposer. The authority may, at its discretion, reject
 1296  all proposals at any point in the process up to completion of a
 1297  contract with the proposer.
 1298         Section 26. Section 373.0397, Florida Statutes, is amended
 1299  to read:
 1300         373.0397 Floridan and Biscayne aquifers; designation of
 1301  prime groundwater recharge areas.—Upon preparation of an
 1302  inventory of prime groundwater recharge areas for the Floridan
 1303  or Biscayne aquifers, but prior to adoption by the governing
 1304  board, the water management district shall publish a legal
 1305  notice of public hearing on the designated areas for the
 1306  Floridan and Biscayne aquifers, with a map delineating the
 1307  boundaries of the areas, as provided in newspapers defined in
 1308  chapter 50 as having general circulation within the area to be
 1309  affected. The notice shall be at least one-fourth page and shall
 1310  read as follows:
 1311  
 1312                      NOTICE OF PRIME RECHARGE                     
 1313                          AREA DESIGNATION                         
 1314  
 1315         The ...(name of taxing authority)... proposes to designate
 1316  specific land areas as areas of prime recharge to the ...(name
 1317  of aquifer)... Aquifer.
 1318         All concerned citizens are invited to attend a public
 1319  hearing on the proposed designation to be held on ...(date and
 1320  time)... at ...(meeting place)....
 1321         A map of the affected areas follows.
 1322  
 1323  The governing board of the water management district shall adopt
 1324  a designation of prime groundwater recharge areas to the
 1325  Floridan and Biscayne aquifers by rule within 120 days after the
 1326  public hearing, subject to the provisions of chapter 120.
 1327         Section 27. Section 373.146, Florida Statutes, is amended
 1328  to read:
 1329         373.146 Publication of notices, process, and papers.—
 1330         (1) Whenever in this chapter the publication of any notice,
 1331  process, or paper is required or provided for, unless otherwise
 1332  provided by law, the publication thereof in some newspaper or
 1333  newspapers as provided defined in chapter 50 is having general
 1334  circulation within the area to be affected shall be taken and
 1335  considered as being sufficient.
 1336         (2) Notwithstanding any other provision of law to the
 1337  contrary, and except in the case of emergency meetings, water
 1338  management districts may provide reasonable notice of public
 1339  meetings held to evaluate responses to solicitations issued by
 1340  the water management district, by publication as provided in
 1341  chapter 50 in a newspaper of general paid circulation in the
 1342  county where the principal office of the water management
 1343  district is located, or in the county or counties where the
 1344  public work will be performed, no less than 7 days before such
 1345  meeting.
 1346         Section 28. Subsection (12) of section 403.722, Florida
 1347  Statutes, is amended to read:
 1348         403.722 Permits; hazardous waste disposal, storage, and
 1349  treatment facilities.—
 1350         (12) On the same day of filing with the department of an
 1351  application for a permit for the construction modification, or
 1352  operation of a hazardous waste facility, the applicant shall
 1353  notify each city and county within 1 mile of the facility of the
 1354  filing of the application and shall publish notice of the filing
 1355  of the application. The applicant shall publish a second notice
 1356  of the filing within 14 days after the date of filing. Each
 1357  notice shall be published as provided in chapter 50 in a
 1358  newspaper of general circulation in the county in which the
 1359  facility is located or is proposed to be located.
 1360  Notwithstanding the provisions of chapter 50, for purposes of
 1361  this section, a “newspaper of general circulation” shall be the
 1362  newspaper within the county in which the installation or
 1363  facility is proposed which has the largest daily circulation in
 1364  that county and has its principal office in that county. If the
 1365  newspaper with the largest daily circulation has its principal
 1366  office outside the county, the notice shall appear in both the
 1367  newspaper with the largest daily circulation in that county, and
 1368  a newspaper authorized to publish legal notices in that county.
 1369  The notice shall contain:
 1370         (a) The name of the applicant and a brief description of
 1371  the project and its location.
 1372         (b) The location of the application file and when it is
 1373  available for public inspection.
 1374  
 1375  The notice shall be prepared by the applicant and shall comply
 1376  with the following format:
 1377  
 1378                        Notice of Application                      
 1379  The Department of Environmental Protection announces receipt of
 1380  an application for a permit from ...(name of applicant)... to
 1381  ...(brief description of project).... This proposed project will
 1382  be located at ...(location)... in ...(county)... ...(city)....
 1383  
 1384  This application is being processed and is available for public
 1385  inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
 1386  Monday through Friday, except legal holidays, at ...(name and
 1387  address of office)....
 1388         Section 29. Paragraph (b) of subsection (3) of section
 1389  712.06, Florida Statutes, is amended to read:
 1390         712.06 Contents of notice; recording and indexing.—
 1391         (3) The person providing the notice referred to in s.
 1392  712.05, other than a notice for preservation of a community
 1393  covenant or restriction, shall:
 1394         (b) Publish the notice referred to in s. 712.05 by Internet
 1395  publication as provided in s. 50.0211(5) or printed once a week,
 1396  for 2 consecutive weeks, in a newspaper as defined in chapter
 1397  50, the notice referred to in s. 712.05, with the official
 1398  record book and page number in which such notice was recorded,
 1399  in a newspaper as defined in chapter 50 in the county in which
 1400  the property is located.
 1401         Section 30. Subsection (5) of section 849.38, Florida
 1402  Statutes, is amended to read:
 1403         849.38 Proceedings for forfeiture; notice of seizure and
 1404  order to show cause.—
 1405         (5) If the value of the property seized is shown by the
 1406  sheriff’s return to have an appraised value of $1,000 or less,
 1407  the above citation shall be served by posting at three public
 1408  places in the county, one of which shall be the front door of
 1409  the courthouse; if the value of the property is shown by the
 1410  sheriff’s return to have an approximate value of more than
 1411  $1,000, the citation shall be posted for at least 2 consecutive
 1412  weeks on a newspaper’s website and the statewide legal notice
 1413  website in accordance with s. 50.0211(5) or published in print
 1414  at least once each week for 2 consecutive weeks in a some
 1415  newspaper of general publication published in the county, if
 1416  there is be such a newspaper published in the county. and If
 1417  there is no newspaper of general circulation not, the then said
 1418  notice of such publication shall be made by certificate of the
 1419  clerk if publication is made by posting, and by affidavit as
 1420  provided in chapter 50, if made by publication as provided in
 1421  chapter 50 in a newspaper, which affidavit or certificate shall
 1422  be filed and become a part of the record in the cause. Failure
 1423  of the record to show proof of such publication shall not affect
 1424  any judgment made in the cause unless it shall affirmatively
 1425  appear that no such publication was made.
 1426         Section 31. Paragraph (a) of subsection (3) of section
 1427  865.09, Florida Statutes, is amended to read:
 1428         865.09 Fictitious name registration.—
 1429         (3) REGISTRATION.—
 1430         (a) A person may not engage in business under a fictitious
 1431  name unless the person first registers the name with the
 1432  division by filing a registration listing:
 1433         1. The name to be registered.
 1434         2. The mailing address of the business.
 1435         3. The name and address of each registrant.
 1436         4. If the registrant is a business entity that was required
 1437  to file incorporation or similar documents with its state of
 1438  organization when it was organized, such entity must be
 1439  registered with the division and in active status with the
 1440  division; provide its Florida document registration number; and
 1441  provide its federal employer identification number if the entity
 1442  has such a number.
 1443         5. Certification by at least one registrant that the
 1444  intention to register such fictitious name has been advertised
 1445  as provided at least once in a newspaper as defined in chapter
 1446  50 in the county in which the principal place of business of the
 1447  registrant is or will be located.
 1448         6. Any other information the division may reasonably deem
 1449  necessary to adequately inform other governmental agencies and
 1450  the public as to the registrant so conducting business.
 1451         Section 32. Paragraph (a) of subsection (6) of section
 1452  932.704, Florida Statutes, is amended to read:
 1453         932.704 Forfeiture proceedings.—
 1454         (6)(a) If the property is required by law to be titled or
 1455  registered, or if the owner of the property is known in fact to
 1456  the seizing agency, or if the seized property is subject to a
 1457  perfected security interest in accordance with the Uniform
 1458  Commercial Code, chapter 679, the attorney for the seizing
 1459  agency shall serve the forfeiture complaint as an original
 1460  service of process under the Florida Rules of Civil Procedure
 1461  and other applicable law to each person having an ownership or
 1462  security interest in the property. The seizing agency shall also
 1463  publish, in accordance with chapter 50, notice of the forfeiture
 1464  complaint for 2 consecutive weeks on a newspaper’s website and
 1465  the statewide legal notice website in accordance with s.
 1466  50.0211(5) or, if published in print, once each week for 2
 1467  consecutive weeks in a newspaper of general circulation, as
 1468  defined in s. 165.031, in the county where the seizure occurred.
 1469         Section 33. This act shall take effect July 1, 2022.