Florida Senate - 2021                       CS for CS for SB 402
       
       
        
       By the Committees on Appropriations; and Judiciary; and Senator
       Rodrigues
       
       
       
       
       576-04459-21                                           2021402c2
    1                        A bill to be entitled                      
    2         An act relating to legal notices; amending s. 50.011,
    3         F.S.; revising construction as to the satisfaction of
    4         publication requirements for legal notices; revising
    5         requirements for newspapers that are qualified to
    6         publish legal notices; defining the term “fiscally
    7         constrained county”; authorizing the Internet
    8         publication of specified governmental agency notices
    9         on newspaper websites in lieu of print publication if
   10         certain requirements are met; amending s. 50.021,
   11         F.S.; conforming provisions to changes made by the
   12         act; amending s. 50.0211, F.S.; defining terms;
   13         requiring the Florida Press Association to seek to
   14         ensure equitable access for minority populations to
   15         legal notices posted on the statewide legal notice
   16         website; requiring the association to publish and
   17         maintain certain reports on the statewide legal notice
   18         website; authorizing a governmental agency to choose
   19         between print publication or Internet-only publication
   20         of specified governmental agency notices with
   21         specified newspapers if certain conditions are met;
   22         specifying requirements for the placement, format, and
   23         accessibility of any such notices; requiring the
   24         newspaper to display a specified disclaimer regarding
   25         the posting of legal notices; authorizing a newspaper
   26         to charge for Internet-only publication of
   27         governmental agency notices, subject to specified
   28         limitations; specifying applicable penalties for
   29         unauthorized rebates, commissions, or refunds in
   30         connection with publication charges; requiring a
   31         governmental agency that publishes governmental agency
   32         notices by Internet-only publication to publish a
   33         specified notice in the print edition of a local
   34         newspaper and on their website; providing for
   35         construction; amending s. 50.031, F.S.; conforming
   36         provisions to changes made by the act; amending ss.
   37         50.041 and 50.051, F.S.; revising provisions governing
   38         the uniform affidavit establishing proof of
   39         publication to conform to changes made by the act;
   40         amending s. 50.061, F.S.; conforming a cross
   41         reference; amending s. 90.902, F.S.; providing for the
   42         self-authentication of legal notices under the Florida
   43         Evidence Code; amending ss. 11.02, 120.81, 121.0511,
   44         121.055, 125.66, 162.12, 166.041, 189.015, 190.005,
   45         190.046, 194.037, 197.402, 200.065, 338.223, 348.0308,
   46         348.635, 348.7605, 373.0397, 373.146, 403.722, 849.38,
   47         and 932.704, F.S.; conforming provisions to changes
   48         made by the act; providing an effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Section 50.011, Florida Statutes, is amended to
   53  read:
   54         50.011 Publication of Where and in what language legal
   55  notices to be published.—Whenever by statute an official or
   56  legal advertisement or a publication, or notice in a newspaper
   57  has been or is directed or permitted in the nature of or in lieu
   58  of process, or for constructive service, or in initiating,
   59  assuming, reviewing, exercising or enforcing jurisdiction or
   60  power, or for any purpose, including all legal notices and
   61  advertisements of sheriffs and tax collectors, the
   62  contemporaneous and continuous intent and meaning of such
   63  legislation all and singular, existing or repealed, is and has
   64  been and is hereby declared to be and to have been, and the rule
   65  of interpretation is and has been the following:,
   66         (1) A publication in a newspaper that meets all of the
   67  following:
   68         (a) Is printed and published periodically at least once a
   69  week.
   70         (b) Contains or oftener, containing at least 25 percent of
   71  its words in the English language.
   72         (c) Satisfies one of the following criteria:
   73         1. Has an audience consisting of at least 10 percent of the
   74  households in the county or municipality, as determined by the
   75  most recent decennial census, where the legal or public notice
   76  is being published or posted, by calculating the combination of
   77  the total of the number of print copies reflecting the day of
   78  highest print circulation, of which at least 25 percent of such
   79  print copies must be delivered to individuals’ home or business
   80  addresses, as certified biennially by a certified independent
   81  third-party auditor, and the total number of online unique
   82  monthly visitors to the newspaper’s website from within the
   83  state, as measured by industry-accepted website analytics
   84  software. The newspaper must also be sold, or otherwise
   85  available to the public, at no less than 10 publicly accessible
   86  outlets. For legal and public notices published by
   87  nongovernmental entities, the newspaper’s audience in the county
   88  or municipality where the project, property, or other primary
   89  subject of the notice is located must meet the 10 percent
   90  threshold.
   91         2. Holds a periodicals permit as of March 1, 2021, and
   92  accepts legal notices for publication as of that date. Any such
   93  newspaper may continue to publish legal notices through December
   94  31, 2023, so long as the newspaper continues to meet the
   95  requirements set forth in section 21 of chapter 99-2, Laws of
   96  Florida, and continues to hold a periodicals permit. Beginning
   97  January 1, 2024, and thereafter, any such newspaper must meet
   98  the criteria under subparagraph 1.
   99         3. For newspapers publishing legal notices in a fiscally
  100  constrained county, holds a periodicals permit and meets all
  101  other requirements of this chapter. A newspaper qualified under
  102  this subparagraph does not need to meet the criteria under
  103  subparagraph 1. so long as the newspaper continues to hold a
  104  periodicals permit. For purposes of this subparagraph, the term
  105  “fiscally constrained county” means a county within a rural area
  106  of opportunity designated by the Governor pursuant to s.
  107  288.0656 or a county for which the value of a mill will raise no
  108  more than $5 million in revenue, based on the certified taxable
  109  value certified pursuant to s. 1011.62(4)(a)1.a., from the
  110  previous July 1.
  111         (d) Is, entered or qualified to be admitted and entered as
  112  periodicals matter at a post office in the county where
  113  published, for sale to the public generally, available to the
  114  public generally for the publication of official or other
  115  notices with no more than 75 percent of its content dedicated
  116  toward advertising and customarily containing information of a
  117  public character or of interest or of value to the residents or
  118  owners of property in the county where published, or of interest
  119  or of value to the general public.
  120         (e) Continually publishes in a prominent manner the name,
  121  street address, phone number, website URL of the newspaper’s
  122  approved print auditor, the newspaper’s most recent statement of
  123  ownership, and a statement of the auditor certifying the
  124  veracity of the newspaper’s print distribution and the number of
  125  the newspaper’s website’s monthly unique visitors, or the
  126  newspaper’s periodicals permit, if applicable, within the first
  127  five pages of the print edition and the bottom portion of the
  128  homepage of the newspaper’s website.
  129         (2)Internet publication for governmental agency notices
  130  under s. 50.0211(1)(b) on the website of any newspaper in the
  131  county to which the legal notice pertains which otherwise meets
  132  the criteria specified in subsection (1) and on the statewide
  133  legal notice website as provided in s. 50.0211(5).
  134         Section 2. Section 50.021, Florida Statutes, is amended to
  135  read:
  136         50.021 Publication when no newspaper in county.—When any
  137  law, or order or decree of court, directs shall direct
  138  advertisements to be made in a any county and there is be no
  139  newspaper published in the said county, the advertisement may be
  140  made by publication in any newspaper qualified under chapter 50
  141  in an adjoining county or on the website of any such newspaper
  142  for governmental agency notices under s. 50.0211(1)(b), and on
  143  the statewide legal notice website as provided in s. 50.0211(5)
  144  or by posting three copies thereof in three different places in
  145  the said county, one of which shall be at the front door of the
  146  courthouse, and by publication in the nearest county in which a
  147  newspaper is published.
  148         Section 3. Section 50.0211, Florida Statutes, is amended to
  149  read:
  150         50.0211 Internet website publication.—
  151         (1) As used in this section, the term:
  152         (a) “Governmental agency” means a county, a municipality, a
  153  district school board, or any other unit of local government or
  154  political subdivision in this state.
  155         (b) “Governmental agency notice” includes any of the
  156  following notices required by law to be published in a
  157  newspaper:
  158         1. Notices related to special or legal legislation pursuant
  159  to s. 11.02.
  160         2. Educational unit notices pursuant to s. 120.81.
  161         3. Retirement system notices pursuant to s. 121.0511.
  162         4. Notices related to inclusion of positions in the Senior
  163  Management Service Class of the Florida Retirement System
  164  pursuant to s. 121.055.
  165         5. Notices proposing the enactment of county ordinances
  166  pursuant to s. 125.66.
  167         6. Code enforcement notices published pursuant to s.
  168  162.12.
  169         7. Notices proposing the enactment of municipal ordinances
  170  pursuant to s. 166.041.
  171         8. Special district meeting notices pursuant to s. 189.015.
  172         9. Establishment and termination notices for community
  173  development districts pursuant to ss. 190.005 and 190.046,
  174  respectively.
  175         10. Disclosures of tax impact by value adjustment boards
  176  pursuant to s. 194.037.
  177         11. Advertisements of real or personal property with
  178  delinquent taxes pursuant to s. 197.402.
  179         12. Advertisements of hearing notices, millage rates, and
  180  budgets pursuant to s. 200.065.
  181         13. Turnpike project notices pursuant to s. 338.223.
  182         14. Public-private partnership notices pursuant to ss.
  183  348.0308 and 348.7605.
  184         15. Notices of prime recharge area designations for the
  185  Floridan and Biscayne aquifers pursuant to s. 373.0397.
  186         16. Water management district notices pursuant to s.
  187  373.146.
  188         17. Hazardous waste disposal notices pursuant to s.
  189  403.722.
  190         18. Forfeiture notices pursuant to ss. 849.38 and 932.704.
  191         (2) This section applies to legal notices that must be
  192  published in accordance with this chapter unless otherwise
  193  specified.
  194         (3)(2)If a governmental agency publishes a legal notice in
  195  the print edition of a newspaper, each legal notice must be
  196  posted on the newspaper’s website on the same day that the
  197  printed notice appears in the newspaper, at no additional
  198  charge, in a separate web page titled “Legal Notices,” “Legal
  199  Advertising,” or comparable identifying language. A link to the
  200  legal notices web page shall be provided on the front page of
  201  the newspaper’s website that provides access to the legal
  202  notices. If there is a specified size and placement required for
  203  a printed legal notice, the size and placement of the notice on
  204  the newspaper’s website must optimize its online visibility in
  205  keeping with the print requirements. The newspaper’s web pages
  206  that contain legal notices must present the legal notices as the
  207  dominant and leading subject matter of those pages. The
  208  newspaper’s website must contain a search function to facilitate
  209  searching the legal notices. A fee may not be charged, and
  210  registration may not be required, for viewing or searching legal
  211  notices on a newspaper’s website if the legal notice is
  212  published in a newspaper.
  213         (4)(a)(3)(a) If a legal notice is published in the print
  214  edition of a newspaper or on a newspaper’s website, the
  215  newspaper publishing the notice shall place the notice on the
  216  statewide website established and maintained as an initiative of
  217  the Florida Press Association as a repository for such notices
  218  located at the following address: www.floridapublicnotices.com.
  219         (b) A legal notice placed on the statewide website created
  220  under this subsection must be:
  221         1. Accessible and searchable by party name and case number.
  222         2. Posted for a period of at least 90 consecutive days
  223  after the first day of posting.
  224         (c) The statewide website created under this subsection
  225  shall maintain a searchable archive of all legal notices posted
  226  on the publicly accessible website on or after October 1, 2014,
  227  for 18 months after the first day of posting. Such searchable
  228  archive shall be provided and accessible to the general public
  229  without charge.
  230         (d) The Florida Press Association shall seek to ensure that
  231  minority populations throughout the state have equitable access
  232  to legal notices posted on the statewide legal notice website
  233  located at: www.floridapublicnotices.com. The Florida Press
  234  Association shall publish a report listing all newspapers that
  235  have placed notices on www.floridapublicnotices.com in the
  236  preceding calendar quarter. At a minimum, the reports for the 4
  237  preceding calendar quarters shall be available on the website.
  238         (5)(a)In lieu of publishing a legal notice in the print
  239  edition of a newspaper of general circulation, a governmental
  240  agency may opt for Internet-only publication of governmental
  241  agency notices with any newspaper of general circulation within
  242  the jurisdiction of the affected governmental agency so long as
  243  the governmental agency, after a public hearing noticed in a
  244  print edition of a newspaper in accordance with this chapter,
  245  makes a determination by a majority of the members of the
  246  governing body of the governmental agency that the Internet
  247  publication of such governmental agency notices is in the public
  248  interest and that the residents within the jurisdiction of the
  249  governmental agency have sufficient access to the Internet by
  250  broadband service as defined in s. 364.02 or through other means
  251  such that Internet-only publication of governmental agency
  252  notices would not unreasonably restrict public access. Any such
  253  Internet-only publication published in accordance with this
  254  subsection must be placed in the legal notices section of the
  255  newspaper’s website and the statewide legal notice website
  256  established under subsection (4). All requirements regarding the
  257  format and accessibility of legal notices placed on the
  258  newspaper’s website and the statewide legal notice website in
  259  subsections (3) and (4) also apply to Internet-only publication
  260  of legal notices published in accordance with this subsection.
  261         (b) The legal notices section of the print edition of a
  262  newspaper must include a disclaimer stating that additional
  263  legal notices may be accessed on the newspaper’s website and the
  264  statewide legal notice website. The legal notices section of the
  265  newspaper’s website must also include a disclaimer stating that
  266  legal notices are also published in the print edition of the
  267  newspaper and on the statewide legal notice website.
  268         (c) A newspaper may charge for the publication of any
  269  governmental agency notice that is published only on the
  270  newspaper’s website, without rebate, commission, or refund;
  271  however, the newspaper may not charge any higher rate for
  272  publication than the amount that would be authorized under s.
  273  50.061 if the governmental agency notice had been printed in the
  274  newspaper. The penalties prescribed in s. 50.061(7) for allowing
  275  or accepting any rebate, commission, or refund in connection to
  276  the amounts charged for publication also apply to any
  277  governmental agency notices that are published only on the
  278  Internet in accordance with this subsection.
  279         (d) If a governmental agency exercises the option to
  280  publish Internet-only governmental agency notices in accordance
  281  with this subsection, such agency must provide notice at least
  282  once per week in the print edition of a newspaper of general
  283  circulation within the region in which the governmental agency
  284  is located which states that legal notices pertaining to the
  285  agency do not all appear in the print edition of the local
  286  newspaper and that additional legal notices may be accessed on
  287  the newspaper’s website and that a full listing of any legal
  288  notices may be accessed on the statewide legal notice website
  289  located at www.floridapublicnotices.com. Additionally, any such
  290  governmental agency must post a link on its website homepage to
  291  a webpage that lists all of the newspapers in which the
  292  governmental agency publishes legal notices.
  293         (6)(4) Newspapers that publish legal notices shall, upon
  294  request, provide e-mail notification of new legal notices when
  295  they are published printed in the newspaper or on and added to
  296  the newspaper’s website. Such e-mail notification shall be
  297  provided without charge, and notification for such an e-mail
  298  registry shall be available on the front page of the legal
  299  notices section of the newspaper’s website.
  300         (7) Notwithstanding the authorization of Internet-only
  301  publication for certain governmental agency notices in
  302  accordance with subsection (5), any other statute requiring the
  303  publication of an official legal notice in the print edition of
  304  a newspaper may not be construed to be superseded.
  305         Section 4. Section 50.031, Florida Statutes, is amended to
  306  read:
  307         50.031 Newspapers in which legal notices and process may be
  308  published.—No notice or publication required to be published in
  309  the print edition of a newspaper or on a newspaper’s website, if
  310  authorized, in the nature of or in lieu of process of any kind,
  311  nature, character or description provided for under any law of
  312  the state, whether heretofore or hereafter enacted, and whether
  313  pertaining to constructive service, or the initiating, assuming,
  314  reviewing, exercising or enforcing jurisdiction or power, by any
  315  court in this state, or any notice of sale of property, real or
  316  personal, for taxes, state, county or municipal, or sheriff’s,
  317  guardian’s or administrator’s or any sale made pursuant to any
  318  judicial order, decree or statute or any other publication or
  319  notice pertaining to any affairs of the state, or any county,
  320  municipality or other political subdivision thereof, shall be
  321  deemed to have been published in accordance with the statutes
  322  providing for such publication, unless the same shall have been
  323  published for the prescribed period of time required for such
  324  publication, in a newspaper or on a newspaper’s website which at
  325  the time of such publication shall have been in existence for 2
  326  years and meets the requirements set forth in s. 50.011 1 year
  327  and shall have been entered as periodicals matter at a post
  328  office in the county where published, or in a newspaper which is
  329  a direct successor of a newspaper which has together have been
  330  so published; provided, however, that nothing herein contained
  331  shall apply where in any county there shall be no newspaper in
  332  existence which shall have been published for the length of time
  333  above prescribed. No legal publication of any kind, nature or
  334  description, as herein defined, shall be valid or binding or
  335  held to be in compliance with the statutes providing for such
  336  publication unless the same shall have been published in
  337  accordance with the provisions of this section or s. 50.0211(5).
  338  Proof of such publication shall be made by uniform affidavit.
  339         Section 5. Section 50.041, Florida Statutes, is amended to
  340  read:
  341         50.041 Proof of publication; uniform affidavits required.—
  342         (1) All affidavits of publishers of newspapers (or their
  343  official representatives) made for the purpose of establishing
  344  proof of publication of public notices or legal advertisements
  345  shall be uniform throughout the state.
  346         (2) Each such affidavit shall be printed upon white paper
  347  and shall be 8 1/2 inches in width and of convenient length, not
  348  less than 5 1/2 inches. A white margin of not less than 2 1/2
  349  inches shall be left at the right side of each affidavit form
  350  and upon or in this space shall be substantially pasted a
  351  clipping which shall be a true copy of the public notice or
  352  legal advertisement for which proof is executed. Alternatively,
  353  the affidavit may be provided in electronic rather than paper
  354  form, provided the notarization of the affidavit complies with
  355  the requirements of s. 117.021.
  356         (3) In all counties having a population in excess of
  357  450,000 according to the latest official decennial census, in
  358  addition to the charges which are now or may hereafter be
  359  established by law for the publication of every official notice
  360  or legal advertisement, There may be a charge not to exceed $2
  361  levied for the preparation and execution of each such proof of
  362  publication or publisher’s affidavit.
  363         Section 6. Section 50.051, Florida Statutes, is amended to
  364  read:
  365         50.051 Proof of publication; form of uniform affidavit.—The
  366  printed form upon which all such affidavits establishing proof
  367  of publication are to be executed shall be substantially as
  368  follows:
  369                      NAME OF COUNTY NEWSPAPER                     
  370                     Published (Weekly or Daily)                   
  371                   (Town or City)(County)FLORIDA                 
  372  STATE OF FLORIDA
  373  
  374  COUNTY OF ....:
  375         Before the undersigned authority personally appeared ....,
  376  who on oath says that he or she is .... of the ...., a ....
  377  newspaper published at .... in .... County, Florida; that the
  378  attached copy of advertisement, being a .... in the matter of
  379  .... in the .... Court, was published in said newspaper by print
  380  in the issues of .... or by publication on the newspaper’s
  381  website, if authorized, on ...(date)....
  382         Affiant further says that the newspaper complies with all
  383  legal requirements for publication in chapter 50, Florida
  384  Statutes said .... is a newspaper published at ...., in said
  385  .... County, Florida, and that the said newspaper has heretofore
  386  been continuously published in said .... County, Florida, each
  387  .... and has been entered as periodicals matter at the post
  388  office in ...., in said .... County, Florida, for a period of 1
  389  year next preceding the first publication of the attached copy
  390  of advertisement; and affiant further says that he or she has
  391  neither paid nor promised any person, firm or corporation any
  392  discount, rebate, commission or refund for the purpose of
  393  securing this advertisement for publication in the said
  394  newspaper.
  395  
  396  Sworn to and subscribed before me this .... day of ....,
  397  ...(year)..., by ...., who is personally known to me or who has
  398  produced (type of identification) as identification.
  399  
  400  ...(Signature of Notary Public)...
  401  
  402  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  403  
  404  ...(Notary Public)...
  405         Section 7. Subsection (5) of section 50.061, Florida
  406  Statutes, is amended to read:
  407         50.061 Amounts chargeable.—
  408         (5) If the public notice is published in a newspaper, the
  409  posting of the notice on the newspaper’s website pursuant to s.
  410  50.0211(3) s. 50.0211(2) must be done at no additional charge.
  411         Section 8. Subsection (12) is added to section 90.902,
  412  Florida Statutes, to read:
  413         90.902 Self-authentication.—Extrinsic evidence of
  414  authenticity as a condition precedent to admissibility is not
  415  required for:
  416         (12) A legal notice published in accordance with the
  417  requirements of chapter 50 in the print edition or on the
  418  website of a qualified newspaper.
  419         Section 9. Section 11.02, Florida Statutes, is amended to
  420  read:
  421         11.02 Notice of special or local legislation or certain
  422  relief acts.—The notice required to obtain special or local
  423  legislation or any relief act specified in s. 11.065 shall be by
  424  publishing the identical notice in each county involved in some
  425  newspaper as provided defined in chapter 50 published in or
  426  circulated throughout the county or counties where the matter or
  427  thing to be affected by such legislation shall be situated one
  428  time at least 30 days before introduction of the proposed law
  429  into the Legislature or, if the notice is not made by Internet
  430  publication as provided in s. 50.0211(5) and there being no
  431  newspaper circulated throughout or published in the county, by
  432  posting for at least 30 days at not less than three public
  433  places in the county or each of the counties, one of which
  434  places shall be at the courthouse in the county or counties
  435  where the matter or thing to be affected by such legislation
  436  shall be situated. Notice of special or local legislation shall
  437  state the substance of the contemplated law, as required by s.
  438  10, Art. III of the State Constitution. Notice of any relief act
  439  specified in s. 11.065 shall state the name of the claimant, the
  440  nature of the injury or loss for which the claim is made, and
  441  the amount of the claim against the affected municipality’s
  442  revenue-sharing trust fund.
  443         Section 10. Paragraph (d) of subsection (1) of section
  444  120.81, Florida Statutes, is amended to read:
  445         120.81 Exceptions and special requirements; general areas.—
  446         (1) EDUCATIONAL UNITS.—
  447         (d) Notwithstanding any other provision of this chapter,
  448  educational units shall not be required to include the full text
  449  of the rule or rule amendment in notices relating to rules and
  450  need not publish these or other notices in the Florida
  451  Administrative Register, but notice shall be made:
  452         1. By publication in a newspaper qualified under chapter 50
  453  of general circulation in the affected area;
  454         2. By mail to all persons who have made requests of the
  455  educational unit for advance notice of its proceedings and to
  456  organizations representing persons affected by the proposed
  457  rule; and
  458         3. By posting in appropriate places so that those
  459  particular classes of persons to whom the intended action is
  460  directed may be duly notified.
  461         Section 11. Subsection (2) of section 121.0511, Florida
  462  Statutes, is amended to read:
  463         121.0511 Revocation of election and alternative plan.—The
  464  governing body of any municipality or independent special
  465  district that has elected to participate in the Florida
  466  Retirement System may revoke its election in accordance with the
  467  following procedure:
  468         (2) At least 7 days, but not more than 15 days, before the
  469  hearing, notice of intent to revoke, specifying the time and
  470  place of the hearing, must be published as provided in chapter
  471  50 in a newspaper of general circulation in the area affected,
  472  as provided by ss. 50.011-50.031. Proof of publication of the
  473  notice must be submitted to the Department of Management
  474  Services.
  475         Section 12. Paragraphs (b) and (h) of subsection (1) of
  476  section 121.055, Florida Statutes, are amended to read:
  477         121.055 Senior Management Service Class.—There is hereby
  478  established a separate class of membership within the Florida
  479  Retirement System to be known as the “Senior Management Service
  480  Class,” which shall become effective February 1, 1987.
  481         (1)
  482         (b)1. Except as provided in subparagraph 2., effective
  483  January 1, 1990, participation in the Senior Management Service
  484  Class is compulsory for the president of each community college,
  485  the manager of each participating municipality or county, and
  486  all appointed district school superintendents. Effective January
  487  1, 1994, additional positions may be designated for inclusion in
  488  the Senior Management Service Class if:
  489         a. Positions to be included in the class are designated by
  490  the local agency employer. Notice of intent to designate
  491  positions for inclusion in the class must be published for at
  492  least 2 consecutive weeks if published by Internet publication
  493  as provided in s. 50.0211(5) or, if published in print, once a
  494  week for 2 consecutive weeks in a newspaper qualified under
  495  chapter 50 that is of general circulation published in the
  496  county or counties affected, as provided in chapter 50.
  497         b. Up to 10 nonelective full-time positions may be
  498  designated for each local agency employer reporting to the
  499  department; for local agencies with 100 or more regularly
  500  established positions, additional nonelective full-time
  501  positions may be designated, not to exceed 1 percent of the
  502  regularly established positions within the agency.
  503         c. Each position added to the class must be a managerial or
  504  policymaking position filled by an employee who is not subject
  505  to continuing contract and serves at the pleasure of the local
  506  agency employer without civil service protection, and who:
  507         (I) Heads an organizational unit; or
  508         (II) Has responsibility to effect or recommend personnel,
  509  budget, expenditure, or policy decisions in his or her areas of
  510  responsibility.
  511         2. In lieu of participation in the Senior Management
  512  Service Class, members of the Senior Management Service Class,
  513  pursuant to subparagraph 1., may withdraw from the Florida
  514  Retirement System altogether. The decision to withdraw from the
  515  system is irrevocable as long as the employee holds the
  516  position. Any service creditable under the Senior Management
  517  Service Class shall be retained after the member withdraws from
  518  the system; however, additional service credit in the Senior
  519  Management Service Class may not be earned after such
  520  withdrawal. Such members are not eligible to participate in the
  521  Senior Management Service Optional Annuity Program.
  522         3. Effective January 1, 2006, through June 30, 2006, an
  523  employee who has withdrawn from the Florida Retirement System
  524  under subparagraph 2. has one opportunity to elect to
  525  participate in the pension plan or the investment plan.
  526         a. If the employee elects to participate in the investment
  527  plan, membership shall be prospective, and the applicable
  528  provisions of s. 121.4501(4) govern the election.
  529         b. If the employee elects to participate in the pension
  530  plan, the employee shall, upon payment to the system trust fund
  531  of the amount calculated under sub-sub-subparagraph (I), receive
  532  service credit for prior service based upon the time during
  533  which the employee had withdrawn from the system.
  534         (I) The cost for such credit shall be an amount
  535  representing the actuarial accrued liability for the affected
  536  period of service. The cost shall be calculated using the
  537  discount rate and other relevant actuarial assumptions that were
  538  used to value the pension plan liabilities in the most recent
  539  actuarial valuation. The calculation must include any service
  540  already maintained under the pension plan in addition to the
  541  period of withdrawal. The actuarial accrued liability
  542  attributable to any service already maintained under the pension
  543  plan shall be applied as a credit to the total cost resulting
  544  from the calculation. The division must ensure that the transfer
  545  sum is prepared using a formula and methodology certified by an
  546  actuary.
  547         (II) The employee must transfer a sum representing the net
  548  cost owed for the actuarial accrued liability in sub-sub
  549  subparagraph (I) immediately following the time of such
  550  movement, determined assuming that attained service equals the
  551  sum of service in the pension plan and the period of withdrawal.
  552         (h)1. Except as provided in subparagraph 3., effective
  553  January 1, 1994, participation in the Senior Management Service
  554  Class shall be compulsory for the State Courts Administrator and
  555  the Deputy State Courts Administrators, the Clerk of the Supreme
  556  Court, the Marshal of the Supreme Court, the Executive Director
  557  of the Justice Administrative Commission, the capital collateral
  558  regional counsel, the clerks of the district courts of appeals,
  559  the marshals of the district courts of appeals, and the trial
  560  court administrator and the Chief Deputy Court Administrator in
  561  each judicial circuit. Effective January 1, 1994, additional
  562  positions in the offices of the state attorney and public
  563  defender in each judicial circuit may be designated for
  564  inclusion in the Senior Management Service Class of the Florida
  565  Retirement System, provided that:
  566         a. Positions to be included in the class shall be
  567  designated by the state attorney or public defender, as
  568  appropriate. Notice of intent to designate positions for
  569  inclusion in the class shall be published for at least 2
  570  consecutive weeks by Internet publication as provided in s.
  571  50.0211(5) or, if published in print, once a week for 2
  572  consecutive weeks in a newspaper qualified under chapter 50 of
  573  general circulation published in the county or counties
  574  affected, as provided in chapter 50.
  575         b. One nonelective full-time position may be designated for
  576  each state attorney and public defender reporting to the
  577  Department of Management Services; for agencies with 200 or more
  578  regularly established positions under the state attorney or
  579  public defender, additional nonelective full-time positions may
  580  be designated, not to exceed 0.5 percent of the regularly
  581  established positions within the agency.
  582         c. Each position added to the class must be a managerial or
  583  policymaking position filled by an employee who serves at the
  584  pleasure of the state attorney or public defender without civil
  585  service protection, and who:
  586         (I) Heads an organizational unit; or
  587         (II) Has responsibility to effect or recommend personnel,
  588  budget, expenditure, or policy decisions in his or her areas of
  589  responsibility.
  590         2. Participation in this class shall be compulsory, except
  591  as provided in subparagraph 3., for any judicial employee who
  592  holds a position designated for coverage in the Senior
  593  Management Service Class, and such participation shall continue
  594  until the employee terminates employment in a covered position.
  595  Effective January 1, 2001, participation in this class is
  596  compulsory for assistant state attorneys, assistant statewide
  597  prosecutors, assistant public defenders, and assistant capital
  598  collateral regional counsel. Effective January 1, 2002,
  599  participation in this class is compulsory for assistant
  600  attorneys general.
  601         3. In lieu of participation in the Senior Management
  602  Service Class, such members, excluding assistant state
  603  attorneys, assistant public defenders, assistant statewide
  604  prosecutors, assistant attorneys general, and assistant capital
  605  collateral regional counsel, may participate in the Senior
  606  Management Service Optional Annuity Program as established in
  607  subsection (6).
  608         Section 13. Paragraph (a) of subsection (2) and paragraph
  609  (b) of subsection (4) of section 125.66, Florida Statutes, are
  610  amended to read:
  611         125.66 Ordinances; enactment procedure; emergency
  612  ordinances; rezoning or change of land use ordinances or
  613  resolutions.—
  614         (2)(a) The regular enactment procedure shall be as follows:
  615  The board of county commissioners at any regular or special
  616  meeting may enact or amend any ordinance, except as provided in
  617  subsection (4), if notice of intent to consider such ordinance
  618  is given at least 10 days before such prior to said meeting by
  619  publication as provided in chapter 50 in a newspaper of general
  620  circulation in the county. A copy of such notice shall be kept
  621  available for public inspection during the regular business
  622  hours of the office of the clerk of the board of county
  623  commissioners. The notice of proposed enactment shall state the
  624  date, time, and place of the meeting; the title or titles of
  625  proposed ordinances; and the place or places within the county
  626  where such proposed ordinances may be inspected by the public.
  627  The notice shall also advise that interested parties may appear
  628  at the meeting and be heard with respect to the proposed
  629  ordinance.
  630         (4) Ordinances or resolutions, initiated by other than the
  631  county, that change the actual zoning map designation of a
  632  parcel or parcels of land shall be enacted pursuant to
  633  subsection (2). Ordinances or resolutions that change the actual
  634  list of permitted, conditional, or prohibited uses within a
  635  zoning category, or ordinances or resolutions initiated by the
  636  county that change the actual zoning map designation of a parcel
  637  or parcels of land shall be enacted pursuant to the following
  638  procedure:
  639         (b) In cases in which the proposed ordinance or resolution
  640  changes the actual list of permitted, conditional, or prohibited
  641  uses within a zoning category, or changes the actual zoning map
  642  designation of a parcel or parcels of land involving 10
  643  contiguous acres or more, the board of county commissioners
  644  shall provide for public notice and hearings as follows:
  645         1. The board of county commissioners shall hold two
  646  advertised public hearings on the proposed ordinance or
  647  resolution. At least one hearing shall be held after 5 p.m. on a
  648  weekday, unless the board of county commissioners, by a majority
  649  plus one vote, elects to conduct that hearing at another time of
  650  day. The first public hearing shall be held at least 7 days
  651  after the day that the first advertisement is published. The
  652  second hearing shall be held at least 10 days after the first
  653  hearing and shall be advertised at least 5 days prior to the
  654  public hearing.
  655         2. If published in the print edition of a newspaper, the
  656  required advertisements shall be no less than 2 columns wide by
  657  10 inches long in a standard size or a tabloid size newspaper,
  658  and the headline in the advertisement shall be in a type no
  659  smaller than 18 point. The advertisement shall not be placed in
  660  that portion of the newspaper where legal notices and classified
  661  advertisements appear. The advertisement shall be placed in a
  662  newspaper of general paid circulation in the county and of
  663  general interest and readership in the community pursuant to
  664  chapter 50, not one of limited subject matter. It is the
  665  legislative intent that, whenever possible, the advertisement
  666  shall appear in a newspaper that is published at least weekly 5
  667  days a week unless the only newspaper in the community is
  668  published less than weekly 5 days a week. The advertisement
  669  shall be in substantially the following form:
  670                     NOTICE OF (TYPE OF) CHANGE                    
  671  
  672         The ...(name of local governmental unit)... proposes to
  673  adopt the following by ordinance or resolution:...(title of
  674  ordinance or resolution)....
  675         A public hearing on the ordinance or resolution will be
  676  held on ...(date and time)... at ...(meeting place)....
  677  
  678  Except for amendments which change the actual list of permitted,
  679  conditional, or prohibited uses within a zoning category, the
  680  advertisement shall contain a geographic location map which
  681  clearly indicates the area within the local government covered
  682  by the proposed ordinance or resolution. The map shall include
  683  major street names as a means of identification of the general
  684  area. If In addition to being published in the print edition of
  685  the newspaper, the map must be part of any the online notice
  686  made required pursuant to s. 50.0211.
  687         3. In lieu of publishing the advertisements set out in this
  688  paragraph, the board of county commissioners may mail a notice
  689  to each person owning real property within the area covered by
  690  the ordinance or resolution. Such notice shall clearly explain
  691  the proposed ordinance or resolution and shall notify the person
  692  of the time, place, and location of both public hearings on the
  693  proposed ordinance or resolution.
  694         Section 14. Paragraph (a) of subsection (2) of section
  695  162.12, Florida Statutes, is amended to read:
  696         162.12 Notices.—
  697         (2) In addition to providing notice as set forth in
  698  subsection (1), at the option of the code enforcement board or
  699  the local government, notice may be served by publication or
  700  posting, as follows:
  701         (a)1. Such notice shall be published in print or on a
  702  newspaper’s website and the statewide legal notice website as
  703  provided in s. 50.0211(5) for 4 consecutive weeks. If published
  704  in print, the notice shall be published once during each week
  705  for 4 consecutive weeks (four publications being sufficient) in
  706  a newspaper of general circulation in the county where the code
  707  enforcement board is located. The newspaper shall meet such
  708  requirements as are prescribed under chapter 50 for legal and
  709  official advertisements.
  710         2. Proof of publication shall be made as provided in ss.
  711  50.041 and 50.051.
  712         Section 15. Paragraph (c) of subsection (3) of section
  713  166.041, Florida Statutes, is amended to read:
  714         166.041 Procedures for adoption of ordinances and
  715  resolutions.—
  716         (3)
  717         (c) Ordinances initiated by other than the municipality
  718  that change the actual zoning map designation of a parcel or
  719  parcels of land shall be enacted pursuant to paragraph (a).
  720  Ordinances that change the actual list of permitted,
  721  conditional, or prohibited uses within a zoning category, or
  722  ordinances initiated by the municipality that change the actual
  723  zoning map designation of a parcel or parcels of land shall be
  724  enacted pursuant to the following procedure:
  725         1. In cases in which the proposed ordinance changes the
  726  actual zoning map designation for a parcel or parcels of land
  727  involving less than 10 contiguous acres, the governing body
  728  shall direct the clerk of the governing body to notify by mail
  729  each real property owner whose land the municipality will
  730  redesignate by enactment of the ordinance and whose address is
  731  known by reference to the latest ad valorem tax records. The
  732  notice shall state the substance of the proposed ordinance as it
  733  affects that property owner and shall set a time and place for
  734  one or more public hearings on such ordinance. Such notice shall
  735  be given at least 30 days prior to the date set for the public
  736  hearing, and a copy of the notice shall be kept available for
  737  public inspection during the regular business hours of the
  738  office of the clerk of the governing body. The governing body
  739  shall hold a public hearing on the proposed ordinance and may,
  740  upon the conclusion of the hearing, immediately adopt the
  741  ordinance.
  742         2. In cases in which the proposed ordinance changes the
  743  actual list of permitted, conditional, or prohibited uses within
  744  a zoning category, or changes the actual zoning map designation
  745  of a parcel or parcels of land involving 10 contiguous acres or
  746  more, the governing body shall provide for public notice and
  747  hearings as follows:
  748         a. The local governing body shall hold two advertised
  749  public hearings on the proposed ordinance. At least one hearing
  750  shall be held after 5 p.m. on a weekday, unless the local
  751  governing body, by a majority plus one vote, elects to conduct
  752  that hearing at another time of day. The first public hearing
  753  shall be held at least 7 days after the day that the first
  754  advertisement is published. The second hearing shall be held at
  755  least 10 days after the first hearing and shall be advertised at
  756  least 5 days prior to the public hearing.
  757         b. If published in the print edition of a newspaper, the
  758  required advertisements shall be no less than 2 columns wide by
  759  10 inches long in a standard size or a tabloid size newspaper,
  760  and the headline in the advertisement shall be in a type no
  761  smaller than 18 point. The advertisement shall not be placed in
  762  that portion of the newspaper where legal notices and classified
  763  advertisements appear. The advertisement shall be placed in a
  764  newspaper of general paid circulation in the municipality and of
  765  general interest and readership in the municipality, not one of
  766  limited subject matter, pursuant to chapter 50. It is the
  767  legislative intent that, whenever possible, the advertisement
  768  appear in a newspaper that is published at least weekly 5 days a
  769  week unless the only newspaper in the municipality is published
  770  less than weekly 5 days a week. The advertisement shall be in
  771  substantially the following form:
  772  
  773                     NOTICE OF (TYPE OF) CHANGE                    
  774  
  775         The ...(name of local governmental unit)... proposes to
  776  adopt the following ordinance:...(title of the ordinance)....
  777         A public hearing on the ordinance will be held on ...(date
  778  and time)... at ...(meeting place)....
  779  
  780  Except for amendments which change the actual list of permitted,
  781  conditional, or prohibited uses within a zoning category, the
  782  advertisement shall contain a geographic location map which
  783  clearly indicates the area covered by the proposed ordinance.
  784  The map shall include major street names as a means of
  785  identification of the general area. If In addition to being
  786  published in the print edition of the newspaper, the map must
  787  also be part of any the online notice made required pursuant to
  788  s. 50.0211.
  789         c. In lieu of publishing the advertisement set out in this
  790  paragraph, the municipality may mail a notice to each person
  791  owning real property within the area covered by the ordinance.
  792  Such notice shall clearly explain the proposed ordinance and
  793  shall notify the person of the time, place, and location of any
  794  public hearing on the proposed ordinance.
  795         Section 16. Subsection (1) of section 189.015, Florida
  796  Statutes, is amended to read:
  797         189.015 Meetings; notice; required reports.—
  798         (1) The governing body of each special district shall file
  799  quarterly, semiannually, or annually a schedule of its regular
  800  meetings with the local governing authority or authorities. The
  801  schedule shall include the date, time, and location of each
  802  scheduled meeting. The schedule shall be published quarterly,
  803  semiannually, or annually in a newspaper of general paid
  804  circulation in the manner required in this subsection. The
  805  governing body of an independent special district shall
  806  advertise the day, time, place, and purpose of any meeting other
  807  than a regular meeting or any recessed and reconvened meeting of
  808  the governing body, at least 7 days before such meeting as
  809  provided in chapter 50, in a newspaper of general paid
  810  circulation in the county or counties in which the special
  811  district is located, unless a bona fide emergency situation
  812  exists, in which case a meeting to deal with the emergency may
  813  be held as necessary, with reasonable notice, so long as it is
  814  subsequently ratified by the governing body. No approval of the
  815  annual budget shall be granted at an emergency meeting. The
  816  notice shall be posted as provided in advertisement shall be
  817  placed in that portion of the newspaper where legal notices and
  818  classified advertisements appear. The advertisement shall appear
  819  in a newspaper that is published at least 5 days a week, unless
  820  the only newspaper in the county is published fewer than 5 days
  821  a week. The newspaper selected must be one of general interest
  822  and readership in the community and not one of limited subject
  823  matter, pursuant to chapter 50. Any other provision of law to
  824  the contrary notwithstanding, and except in the case of
  825  emergency meetings, water management districts may provide
  826  reasonable notice of public meetings held to evaluate responses
  827  to solicitations issued by the water management district, as
  828  provided in chapter 50 by Internet publication or by publication
  829  by publication in a newspaper of general paid circulation in the
  830  county where the principal office of the water management
  831  district is located, or in the county or counties where the
  832  public work will be performed, no less than 7 days before such
  833  meeting.
  834         Section 17. Paragraph (d) of subsection (1) of section
  835  190.005, Florida Statutes, is amended to read:
  836         190.005 Establishment of district.—
  837         (1) The exclusive and uniform method for the establishment
  838  of a community development district with a size of 2,500 acres
  839  or more shall be pursuant to a rule, adopted under chapter 120
  840  by the Florida Land and Water Adjudicatory Commission, granting
  841  a petition for the establishment of a community development
  842  district.
  843         (d) A local public hearing on the petition shall be
  844  conducted by a hearing officer in conformance with the
  845  applicable requirements and procedures of the Administrative
  846  Procedure Act. The hearing shall include oral and written
  847  comments on the petition pertinent to the factors specified in
  848  paragraph (e). The hearing shall be held at an accessible
  849  location in the county in which the community development
  850  district is to be located. The petitioner shall cause a notice
  851  of the hearing to be published for 4 successive weeks on a
  852  newspaper’s website and the statewide legal notice website
  853  provided in s. 50.0211(5) or, if published in print, in a
  854  newspaper at least once a week for the 4 successive weeks
  855  immediately prior to the hearing as provided in chapter 50. Such
  856  notice shall give the time and place for the hearing, a
  857  description of the area to be included in the district, which
  858  description shall include a map showing clearly the area to be
  859  covered by the district, and any other relevant information
  860  which the establishing governing bodies may require. If
  861  published in the print edition of a newspaper, the advertisement
  862  may shall not be placed in the that portion of the newspaper
  863  where legal notices and classified advertisements appear. The
  864  advertisement must shall be published in a newspaper of general
  865  paid circulation in the county and of general interest and
  866  readership in the community, not one of limited subject matter,
  867  pursuant to chapter 50. Whenever possible, the advertisement
  868  shall appear in a newspaper that is published at least weekly 5
  869  days a week, unless the only newspaper in the community is
  870  published less than weekly fewer than 5 days a week. If the
  871  notice is In addition to being published in the print edition of
  872  the newspaper, the map referenced above must also be included in
  873  any part of the online advertisement required pursuant to s.
  874  50.0211. All affected units of general-purpose local government
  875  and the general public shall be given an opportunity to appear
  876  at the hearing and present oral or written comments on the
  877  petition.
  878         Section 18. Paragraph (h) of subsection (1) of section
  879  190.046, Florida Statutes, is amended to read:
  880         190.046 Termination, contraction, or expansion of
  881  district.—
  882         (1) A landowner or the board may petition to contract or
  883  expand the boundaries of a community development district in the
  884  following manner:
  885         (h) For a petition to establish a new community development
  886  district of less than 2,500 acres on land located solely in one
  887  county or one municipality, sufficiently contiguous lands
  888  located within the county or municipality which the petitioner
  889  anticipates adding to the boundaries of the district within 10
  890  years after the effective date of the ordinance establishing the
  891  district may also be identified. If such sufficiently contiguous
  892  land is identified, the petition must include a legal
  893  description of each additional parcel within the sufficiently
  894  contiguous land, the current owner of the parcel, the acreage of
  895  the parcel, and the current land use designation of the parcel.
  896  At least 14 days before the hearing required under s.
  897  190.005(2)(b), the petitioner must give the current owner of
  898  each such parcel notice of filing the petition to establish the
  899  district, the date and time of the public hearing on the
  900  petition, and the name and address of the petitioner. A parcel
  901  may not be included in the district without the written consent
  902  of the owner of the parcel.
  903         1. After establishment of the district, a person may
  904  petition the county or municipality to amend the boundaries of
  905  the district to include a previously identified parcel that was
  906  a proposed addition to the district before its establishment. A
  907  filing fee may not be charged for this petition. Each such
  908  petition must include:
  909         a. A legal description by metes and bounds of the parcel to
  910  be added;
  911         b. A new legal description by metes and bounds of the
  912  district;
  913         c. Written consent of all owners of the parcel to be added;
  914         d. A map of the district including the parcel to be added;
  915         e. A description of the development proposed on the
  916  additional parcel; and
  917         f. A copy of the original petition identifying the parcel
  918  to be added.
  919         2. Before filing with the county or municipality, the
  920  person must provide the petition to the district and to the
  921  owner of the proposed additional parcel, if the owner is not the
  922  petitioner.
  923         3. Once the petition is determined sufficient and complete,
  924  the county or municipality must process the addition of the
  925  parcel to the district as an amendment to the ordinance that
  926  establishes the district. The county or municipality may process
  927  all petitions to amend the ordinance for parcels identified in
  928  the original petition, even if, by adding such parcels, the
  929  district exceeds 2,500 acres.
  930         4. The petitioner shall cause to be published in a
  931  newspaper qualified to publish legal notices of general
  932  circulation in the proposed district a notice of the intent to
  933  amend the ordinance that establishes the district. The notice
  934  must be in addition to any notice required for adoption of the
  935  ordinance amendment. Such notice must be published as provided
  936  in chapter 50 at least 10 days before the scheduled hearing on
  937  the ordinance amendment and may be published in the section of
  938  the newspaper reserved for legal notices. The notice must
  939  include a general description of the land to be added to the
  940  district and the date and time of the scheduled hearing to amend
  941  the ordinance. The petitioner shall deliver, including by mail
  942  or hand delivery, the notice of the hearing on the ordinance
  943  amendment to the owner of the parcel and to the district at
  944  least 14 days before the scheduled hearing.
  945         5. The amendment of a district by the addition of a parcel
  946  pursuant to this paragraph does not alter the transition from
  947  landowner voting to qualified elector voting pursuant to s.
  948  190.006, even if the total size of the district after the
  949  addition of the parcel exceeds 5,000 acres. Upon adoption of the
  950  ordinance expanding the district, the petitioner must cause to
  951  be recorded a notice of boundary amendment which reflects the
  952  new boundaries of the district.
  953         6. This paragraph is intended to facilitate the orderly
  954  addition of lands to a district under certain circumstances and
  955  does not preclude the addition of lands to any district using
  956  the procedures in the other provisions of this section.
  957         Section 19. Subsection (1) of section 194.037, Florida
  958  Statutes, is amended to read:
  959         194.037 Disclosure of tax impact.—
  960         (1) After hearing all petitions, complaints, appeals, and
  961  disputes, the clerk shall make public notice of the findings and
  962  results of the board as provided in chapter 50. If published in
  963  the print edition of a newspaper, the notice must be in at least
  964  a quarter-page size advertisement of a standard size or tabloid
  965  size newspaper, and the headline shall be in a type no smaller
  966  than 18 point. The advertisement shall not be placed in that
  967  portion of the newspaper where legal notices and classified
  968  advertisements appear. The advertisement shall be published in a
  969  newspaper of general paid circulation in the county. The
  970  newspaper selected shall be one of general interest and
  971  readership in the community, and not one of limited subject
  972  matter, pursuant to chapter 50. For all advertisements published
  973  pursuant to this section, the headline shall read: TAX IMPACT OF
  974  VALUE ADJUSTMENT BOARD. The public notice shall list the members
  975  of the value adjustment board and the taxing authorities to
  976  which they are elected. The form shall show, in columnar form,
  977  for each of the property classes listed under subsection (2),
  978  the following information, with appropriate column totals:
  979         (a) In the first column, the number of parcels for which
  980  the board granted exemptions that had been denied or that had
  981  not been acted upon by the property appraiser.
  982         (b) In the second column, the number of parcels for which
  983  petitions were filed concerning a property tax exemption.
  984         (c) In the third column, the number of parcels for which
  985  the board considered the petition and reduced the assessment
  986  from that made by the property appraiser on the initial
  987  assessment roll.
  988         (d) In the fourth column, the number of parcels for which
  989  petitions were filed but not considered by the board because
  990  such petitions were withdrawn or settled prior to the board’s
  991  consideration.
  992         (e) In the fifth column, the number of parcels for which
  993  petitions were filed requesting a change in assessed value,
  994  including requested changes in assessment classification.
  995         (f) In the sixth column, the net change in taxable value
  996  from the assessor’s initial roll which results from board
  997  decisions.
  998         (g) In the seventh column, the net shift in taxes to
  999  parcels not granted relief by the board. The shift shall be
 1000  computed as the amount shown in column 6 multiplied by the
 1001  applicable millage rates adopted by the taxing authorities in
 1002  hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
 1003  the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
 1004  Constitution, but without adjustment as authorized pursuant to
 1005  s. 200.065(6). If for any taxing authority the hearing has not
 1006  been completed at the time the notice required herein is
 1007  prepared, the millage rate used shall be that adopted in the
 1008  hearing held pursuant to s. 200.065(2)(c).
 1009         Section 20. Subsection (1) of section 197.402, Florida
 1010  Statutes, is amended to read:
 1011         197.402 Advertisement of real or personal property with
 1012  delinquent taxes.—
 1013         (1) If advertisements are required, the board of county
 1014  commissioners shall make such notice select the newspaper as
 1015  provided in chapter 50. The tax collector shall pay all
 1016  newspaper charges, and the proportionate cost of the
 1017  advertisements shall be added to the delinquent taxes collected.
 1018         Section 21. Subsection (3) of section 200.065, Florida
 1019  Statutes, is amended to read:
 1020         200.065 Method of fixing millage.—
 1021         (3) The advertisement shall be published as provided in
 1022  chapter 50. If the advertisement is published in the print
 1023  edition of a newspaper, the advertisement must be no less than
 1024  one-quarter page in size of a standard size or a tabloid size
 1025  newspaper, and the headline in the advertisement shall be in a
 1026  type no smaller than 18 point. The advertisement shall not be
 1027  placed in that portion of the newspaper where legal notices and
 1028  classified advertisements appear. The advertisement shall be
 1029  published in a newspaper of general paid circulation in the
 1030  county or in a geographically limited insert of such newspaper.
 1031  The geographic boundaries in which such insert is circulated
 1032  shall include the geographic boundaries of the taxing authority.
 1033  It is the legislative intent that, whenever possible, the
 1034  advertisement appear in a newspaper that is published at least
 1035  weekly 5 days a week unless the only newspaper in the county is
 1036  published less than weekly 5 days a week, or that the
 1037  advertisement appear in a geographically limited insert of such
 1038  newspaper which insert is published throughout the taxing
 1039  authority’s jurisdiction at least twice each week. It is further
 1040  the legislative intent that the newspaper selected be one of
 1041  general interest and readership in the community and not one of
 1042  limited subject matter, pursuant to chapter 50.
 1043         (a) For taxing authorities other than school districts
 1044  which have tentatively adopted a millage rate in excess of 100
 1045  percent of the rolled-back rate computed pursuant to subsection
 1046  (1), the advertisement shall be in the following form:
 1047                   NOTICE OF PROPOSED TAX INCREASE                 
 1048  
 1049         The ...(name of the taxing authority)... has tentatively
 1050  adopted a measure to increase its property tax levy.
 1051  Last year’s property tax levy:
 1052         A. Initially proposed tax levy................$XX,XXX,XXX
 1053         B. Less tax reductions due to Value Adjustment Board and
 1054  other assessment changes...........................($XX,XXX,XXX)
 1055         C. Actual property tax levy...................$XX,XXX,XXX
 1056  This year’s proposed tax levy........................$XX,XXX,XXX
 1057         All concerned citizens are invited to attend a public
 1058  hearing on the tax increase to be held on ...(date and time)...
 1059  at ...(meeting place)....
 1060  
 1061         A FINAL DECISION on the proposed tax increase and the
 1062  budget will be made at this hearing.
 1063         (b) In all instances in which the provisions of paragraph
 1064  (a) are inapplicable for taxing authorities other than school
 1065  districts, the advertisement shall be in the following form:
 1066  
 1067                      NOTICE OF BUDGET HEARING                     
 1068  
 1069         The ...(name of taxing authority)... has tentatively
 1070  adopted a budget for ...(fiscal year).... A public hearing to
 1071  make a FINAL DECISION on the budget AND TAXES will be held on
 1072  ...(date and time)... at ...(meeting place)....
 1073  
 1074         (c) For school districts which have proposed a millage rate
 1075  in excess of 100 percent of the rolled-back rate computed
 1076  pursuant to subsection (1) and which propose to levy nonvoted
 1077  millage in excess of the minimum amount required pursuant to s.
 1078  1011.60(6), the advertisement shall be in the following form:
 1079                   NOTICE OF PROPOSED TAX INCREASE                 
 1080  
 1081         The ...(name of school district)... will soon consider a
 1082  measure to increase its property tax levy.
 1083  Last year’s property tax levy:
 1084         A. Initially proposed tax levy................$XX,XXX,XXX
 1085         B. Less tax reductions due to Value Adjustment Board and
 1086  other assessment changes...........................($XX,XXX,XXX)
 1087         C. Actual property tax levy...................$XX,XXX,XXX
 1088  This year’s proposed tax levy........................$XX,XXX,XXX
 1089         A portion of the tax levy is required under state law in
 1090  order for the school board to receive $...(amount A)... in state
 1091  education grants. The required portion has ...(increased or
 1092  decreased)... by ...(amount B)... percent and represents
 1093  approximately ...(amount C)... of the total proposed taxes.
 1094         The remainder of the taxes is proposed solely at the
 1095  discretion of the school board.
 1096         All concerned citizens are invited to a public hearing on
 1097  the tax increase to be held on ...(date and time)... at
 1098  ...(meeting place)....
 1099         A DECISION on the proposed tax increase and the budget will
 1100  be made at this hearing.
 1101         1. AMOUNT A shall be an estimate, provided by the
 1102  Department of Education, of the amount to be received in the
 1103  current fiscal year by the district from state appropriations
 1104  for the Florida Education Finance Program.
 1105         2. AMOUNT B shall be the percent increase over the rolled
 1106  back rate necessary to levy only the required local effort in
 1107  the current fiscal year, computed as though in the preceding
 1108  fiscal year only the required local effort was levied.
 1109         3. AMOUNT C shall be the quotient of required local-effort
 1110  millage divided by the total proposed nonvoted millage, rounded
 1111  to the nearest tenth and stated in words; however, the stated
 1112  amount shall not exceed nine-tenths.
 1113         (d) For school districts which have proposed a millage rate
 1114  in excess of 100 percent of the rolled-back rate computed
 1115  pursuant to subsection (1) and which propose to levy as nonvoted
 1116  millage only the minimum amount required pursuant to s.
 1117  1011.60(6), the advertisement shall be the same as provided in
 1118  paragraph (c), except that the second and third paragraphs shall
 1119  be replaced with the following paragraph:
 1120  
 1121         This increase is required under state law in order for the
 1122  school board to receive $...(amount A)... in state education
 1123  grants.
 1124  
 1125         (e) In all instances in which the provisions of paragraphs
 1126  (c) and (d) are inapplicable for school districts, the
 1127  advertisement shall be in the following form:
 1128  
 1129                      NOTICE OF BUDGET HEARING                     
 1130  
 1131         The ...(name of school district)... will soon consider a
 1132  budget for ...(fiscal year).... A public hearing to make a
 1133  DECISION on the budget AND TAXES will be held on ...(date and
 1134  time)... at ...(meeting place)....
 1135  
 1136         (f) In lieu of publishing the notice set out in this
 1137  subsection, the taxing authority may mail a copy of the notice
 1138  to each elector residing within the jurisdiction of the taxing
 1139  authority.
 1140         (g) In the event that the mailing of the notice of proposed
 1141  property taxes is delayed beyond September 3 in a county, any
 1142  multicounty taxing authority which levies ad valorem taxes
 1143  within that county shall advertise its intention to adopt a
 1144  tentative budget and millage rate in a newspaper of paid general
 1145  circulation within that county which meets the requirements of
 1146  chapter 50, as provided in this subsection, and shall hold the
 1147  hearing required pursuant to paragraph (2)(c) not less than 2
 1148  days or more than 5 days thereafter, and not later than
 1149  September 18. The advertisement shall be in the following form,
 1150  unless the proposed millage rate is less than or equal to the
 1151  rolled-back rate, computed pursuant to subsection (1), in which
 1152  case the advertisement shall be as provided in paragraph (e):
 1153                       NOTICE OF TAX INCREASE                      
 1154  
 1155         The ...(name of the taxing authority)... proposes to
 1156  increase its property tax levy by ...(percentage of increase
 1157  over rolled-back rate)... percent.
 1158         All concerned citizens are invited to attend a public
 1159  hearing on the proposed tax increase to be held on ...(date and
 1160  time)... at ...(meeting place)....
 1161  
 1162         (h) In no event shall any taxing authority add to or delete
 1163  from the language of the advertisements as specified herein
 1164  unless expressly authorized by law, except that, if an increase
 1165  in ad valorem tax rates will affect only a portion of the
 1166  jurisdiction of a taxing authority, advertisements may include a
 1167  map or geographical description of the area to be affected and
 1168  the proposed use of the tax revenues under consideration. In
 1169  addition, if published in the print edition of the newspaper or
 1170  only published on the Internet in accordance with s. 50.0211(5),
 1171  the map must be included in part of the online advertisement
 1172  required by s. 50.0211. The advertisements required herein shall
 1173  not be accompanied, preceded, or followed by other advertising
 1174  or notices which conflict with or modify the substantive content
 1175  prescribed herein.
 1176         (i) The advertisements required pursuant to paragraphs (b)
 1177  and (e) need not be one-quarter page in size or have a headline
 1178  in type no smaller than 18 point.
 1179         (j) The amounts to be published as percentages of increase
 1180  over the rolled-back rate pursuant to this subsection shall be
 1181  based on aggregate millage rates and shall exclude voted millage
 1182  levies unless expressly provided otherwise in this subsection.
 1183         (k) Any taxing authority which will levy an ad valorem tax
 1184  for an upcoming budget year but does not levy an ad valorem tax
 1185  currently shall, in the advertisement specified in paragraph
 1186  (a), paragraph (c), paragraph (d), or paragraph (g), replace the
 1187  phrase “increase its property tax levy by ...(percentage of
 1188  increase over rolled-back rate)... percent” with the phrase
 1189  “impose a new property tax levy of $...(amount)... per $1,000
 1190  value.”
 1191         (l) Any advertisement required pursuant to this section
 1192  shall be accompanied by an adjacent notice meeting the budget
 1193  summary requirements of s. 129.03(3)(b). Except for those taxing
 1194  authorities proposing to levy ad valorem taxes for the first
 1195  time, the following statement shall appear in the budget summary
 1196  in boldfaced type immediately following the heading, if the
 1197  applicable percentage is greater than zero:
 1198  
 1199         THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of
 1200  taxing authority)... ARE ...(percent rounded to one decimal
 1201  place)... MORE THAN LAST YEAR’S TOTAL OPERATING EXPENDITURES.
 1202  
 1203  For purposes of this paragraph, “proposed operating budget
 1204  expenditures” or “operating expenditures” means all moneys of
 1205  the local government, including dependent special districts,
 1206  that:
 1207         1. Were or could be expended during the applicable fiscal
 1208  year, or
 1209         2. Were or could be retained as a balance for future
 1210  spending in the fiscal year.
 1211  
 1212  Provided, however, those moneys held in or used in trust,
 1213  agency, or internal service funds, and expenditures of bond
 1214  proceeds for capital outlay or for advanced refunded debt
 1215  principal, shall be excluded.
 1216         Section 22. Paragraph (c) of subsection (1) of section
 1217  338.223, Florida Statutes, is amended to read:
 1218         338.223 Proposed turnpike projects.—
 1219         (1)
 1220         (c) Prior to requesting legislative approval of a proposed
 1221  turnpike project, the environmental feasibility of the proposed
 1222  project shall be reviewed by the Department of Environmental
 1223  Protection. The department shall submit its Project Development
 1224  and Environmental Report to the Department of Environmental
 1225  Protection, along with a draft copy of a public notice. Within
 1226  14 days of receipt of the draft public notice, the Department of
 1227  Environmental Protection shall return the draft public notice to
 1228  the Department of Transportation with an approval of the
 1229  language or modifications to the language. Upon receipt of the
 1230  approved or modified draft, or if no comments are provided
 1231  within 14 days, the Department of Transportation shall publish
 1232  the notice as provided in chapter 50 in a newspaper to provide a
 1233  30-day public comment period. If published in the print edition
 1234  of a newspaper, the headline of the required notice shall be in
 1235  a type no smaller than 18 point,. The notice shall be placed in
 1236  that portion of the newspaper where legal notices appear, and .
 1237  The notice shall be published in a newspaper qualified to
 1238  publish legal notices of general circulation in the county or
 1239  counties of general interest and readership in the community as
 1240  provided in s. 50.031, not one of limited subject matter.
 1241  Whenever possible, the notice shall appear in a newspaper that
 1242  is published at least weekly 5 days a week. All notices
 1243  published pursuant to this section The notice shall include, at
 1244  a minimum but is not limited to, the following information:
 1245         1. The purpose of the notice is to provide for a 30-day
 1246  period for written public comments on the environmental impacts
 1247  of a proposed turnpike project.
 1248         2. The name and description of the project, along with a
 1249  geographic location map clearly indicating the area where the
 1250  proposed project will be located.
 1251         3. The address where such comments must be sent and the
 1252  date such comments are due.
 1253  
 1254  After a review of the department’s report and any public
 1255  comments, the Department of Environmental Protection shall
 1256  submit a statement of environmental feasibility to the
 1257  department within 30 days after the date on which public
 1258  comments are due. The notice and the statement of environmental
 1259  feasibility shall not give rise to any rights to a hearing or
 1260  other rights or remedies provided pursuant to chapter 120 or
 1261  chapter 403, and shall not bind the Department of Environmental
 1262  Protection in any subsequent environmental permit review.
 1263         Section 23. Subsection (3) of section 348.0308, Florida
 1264  Statutes, is amended to read:
 1265         348.0308 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 agency 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 Internet publication
 1276  or by print in a newspaper qualified to publish legal notices of
 1277  general circulation in the county in which the project it is
 1278  located at least once a week for 2 weeks stating that it has
 1279  received the proposal and will accept, for 60 days after the
 1280  initial date of publication, other proposals for the same
 1281  project purpose. A copy of the notice must be mailed to each
 1282  local government in the affected areas. After the public
 1283  notification period has expired, the agency shall rank the
 1284  proposals in order of preference. In ranking the proposals, the
 1285  agency shall consider professional qualifications, general
 1286  business terms, innovative engineering or cost-reduction terms,
 1287  finance plans, and the need for state funds to deliver the
 1288  proposal. If the agency is not satisfied with the results of the
 1289  negotiations, it may, at its sole discretion, terminate
 1290  negotiations with the proposer. If these negotiations are
 1291  unsuccessful, the agency may go to the second and lower-ranked
 1292  firms, in order, using the same procedure. If only one proposal
 1293  is received, the agency may negotiate in good faith, and if it
 1294  is not satisfied with the results, it may, at its sole
 1295  discretion, terminate negotiations with the proposer. The agency
 1296  may, at its discretion, reject all proposals at any point in the
 1297  process up to completion of a contract with the proposer.
 1298         Section 24. Subsection (3) of section 348.635, Florida
 1299  Statutes, is amended to read:
 1300         348.635 Public-private partnership.—The Legislature
 1301  declares that there is a public need for the rapid construction
 1302  of safe and efficient transportation facilities for traveling
 1303  within the state and that it is in the public’s interest to
 1304  provide for public-private partnership agreements to effectuate
 1305  the construction of additional safe, convenient, and economical
 1306  transportation facilities.
 1307         (3) The authority may request proposals for public-private
 1308  transportation projects or, if it receives an unsolicited
 1309  proposal, it must publish a notice in the Florida Administrative
 1310  Register and, as provided in chapter 50, by either Internet
 1311  publication or by print in and a newspaper of general
 1312  circulation in the county in which the project it is located at
 1313  least once a week for 2 weeks stating that it has received the
 1314  proposal and will accept, for 60 days after the initial date of
 1315  publication, other proposals for the same project purpose. A
 1316  copy of the notice must be mailed to each local government in
 1317  the affected areas. After the public notification period has
 1318  expired, the authority shall rank the proposals in order of
 1319  preference. In ranking the proposals, the authority shall
 1320  consider professional qualifications, general business terms,
 1321  innovative engineering or cost-reduction terms, finance plans,
 1322  and the need for state funds to deliver the proposal. If the
 1323  authority is not satisfied with the results of the negotiations,
 1324  it may, at its sole discretion, terminate negotiations with the
 1325  proposer. If these negotiations are unsuccessful, the authority
 1326  may go to the second and lower-ranked firms, in order, using the
 1327  same procedure. If only one proposal is received, the authority
 1328  may negotiate in good faith, and if it is not satisfied with the
 1329  results, it may, at its sole discretion, terminate negotiations
 1330  with the proposer. The authority may, at its discretion, reject
 1331  all proposals at any point in the process up to completion of a
 1332  contract with the proposer.
 1333         Section 25. Subsection (3) of section 348.7605, Florida
 1334  Statutes, is amended to read:
 1335         348.7605 Public-private partnership.—The Legislature
 1336  declares that there is a public need for the rapid construction
 1337  of safe and efficient transportation facilities for traveling
 1338  within the state and that it is in the public’s interest to
 1339  provide for public-private partnership agreements to effectuate
 1340  the construction of additional safe, convenient, and economical
 1341  transportation facilities.
 1342         (3) The authority may request proposals for public-private
 1343  transportation projects or, if it receives an unsolicited
 1344  proposal, it must publish a notice in the Florida Administrative
 1345  Register and, as provided in chapter 50, by either Internet
 1346  publication or by print in a newspaper of general circulation in
 1347  the county in which the project it is located at least once a
 1348  week for 2 weeks stating that it has received the proposal and
 1349  will accept, for 60 days after the initial date of publication,
 1350  other proposals for the same project purpose. A copy of the
 1351  notice must be mailed to each local government in the affected
 1352  areas. After the public notification period has expired, the
 1353  authority shall rank the proposals in order of preference. In
 1354  ranking the proposals, the authority shall consider professional
 1355  qualifications, general business terms, innovative engineering
 1356  or cost-reduction terms, finance plans, and the need for state
 1357  funds to deliver the proposal. If the authority is not satisfied
 1358  with the results of the negotiations, it may, at its sole
 1359  discretion, terminate negotiations with the proposer. If these
 1360  negotiations are unsuccessful, the authority may go to the
 1361  second and lower-ranked firms, in order, using the same
 1362  procedure. If only one proposal is received, the authority may
 1363  negotiate in good faith, and if it is not satisfied with the
 1364  results, it may, at its sole discretion, terminate negotiations
 1365  with the proposer. The authority may, at its discretion, reject
 1366  all proposals at any point in the process up to completion of a
 1367  contract with the proposer.
 1368         Section 26. Section 373.0397, Florida Statutes, is amended
 1369  to read:
 1370         373.0397 Floridan and Biscayne aquifers; designation of
 1371  prime groundwater recharge areas.—Upon preparation of an
 1372  inventory of prime groundwater recharge areas for the Floridan
 1373  or Biscayne aquifers, but prior to adoption by the governing
 1374  board, the water management district shall publish a legal
 1375  notice of public hearing on the designated areas for the
 1376  Floridan and Biscayne aquifers, with a map delineating the
 1377  boundaries of the areas, as provided in newspapers defined in
 1378  chapter 50 as having general circulation within the area to be
 1379  affected. The notice shall be at least one-fourth page and shall
 1380  read as follows:
 1381  
 1382                      NOTICE OF PRIME RECHARGE                     
 1383                          AREA DESIGNATION                         
 1384  
 1385         The ...(name of taxing authority)... proposes to designate
 1386  specific land areas as areas of prime recharge to the ...(name
 1387  of aquifer)... Aquifer.
 1388         All concerned citizens are invited to attend a public
 1389  hearing on the proposed designation to be held on ...(date and
 1390  time)... at ...(meeting place)....
 1391         A map of the affected areas follows.
 1392  
 1393  The governing board of the water management district shall adopt
 1394  a designation of prime groundwater recharge areas to the
 1395  Floridan and Biscayne aquifers by rule within 120 days after the
 1396  public hearing, subject to the provisions of chapter 120.
 1397         Section 27. Section 373.146, Florida Statutes, is amended
 1398  to read:
 1399         373.146 Publication of notices, process, and papers.—
 1400         (1) Whenever in this chapter the publication of any notice,
 1401  process, or paper is required or provided for, unless otherwise
 1402  provided by law, the publication thereof in some newspaper or
 1403  newspapers as provided defined in chapter 50 is having general
 1404  circulation within the area to be affected shall be taken and
 1405  considered as being sufficient.
 1406         (2) Notwithstanding any other provision of law to the
 1407  contrary, and except in the case of emergency meetings, water
 1408  management districts may provide reasonable notice of public
 1409  meetings held to evaluate responses to solicitations issued by
 1410  the water management district, by publication as provided in
 1411  chapter 50 in a newspaper of general paid circulation in the
 1412  county where the principal office of the water management
 1413  district is located, or in the county or counties where the
 1414  public work will be performed, no less than 7 days before such
 1415  meeting.
 1416         Section 28. Subsection (12) of section 403.722, Florida
 1417  Statutes, is amended to read:
 1418         403.722 Permits; hazardous waste disposal, storage, and
 1419  treatment facilities.—
 1420         (12) On the same day of filing with the department of an
 1421  application for a permit for the construction modification, or
 1422  operation of a hazardous waste facility, the applicant shall
 1423  notify each city and county within 1 mile of the facility of the
 1424  filing of the application and shall publish notice of the filing
 1425  of the application. The applicant shall publish a second notice
 1426  of the filing within 14 days after the date of filing. Each
 1427  notice shall be published as provided in chapter 50 in a
 1428  newspaper of general circulation in the county in which the
 1429  facility is located or is proposed to be located.
 1430  Notwithstanding the provisions of chapter 50, for purposes of
 1431  this section, a “newspaper of general circulation” shall be the
 1432  newspaper within the county in which the installation or
 1433  facility is proposed which has the largest daily circulation in
 1434  that county and has its principal office in that county. If the
 1435  newspaper with the largest daily circulation has its principal
 1436  office outside the county, the notice shall appear in both the
 1437  newspaper with the largest daily circulation in that county, and
 1438  a newspaper authorized to publish legal notices in that county.
 1439  The notice shall contain:
 1440         (a) The name of the applicant and a brief description of
 1441  the project and its location.
 1442         (b) The location of the application file and when it is
 1443  available for public inspection.
 1444  
 1445  The notice shall be prepared by the applicant and shall comply
 1446  with the following format:
 1447  
 1448                        Notice of Application                      
 1449  The Department of Environmental Protection announces receipt of
 1450  an application for a permit from ...(name of applicant)... to
 1451  ...(brief description of project).... This proposed project will
 1452  be located at ...(location)... in ...(county)... ...(city)....
 1453  
 1454  This application is being processed and is available for public
 1455  inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
 1456  Monday through Friday, except legal holidays, at ...(name and
 1457  address of office)....
 1458         Section 29. Subsection (5) of section 849.38, Florida
 1459  Statutes, is amended to read:
 1460         849.38 Proceedings for forfeiture; notice of seizure and
 1461  order to show cause.—
 1462         (5) If the value of the property seized is shown by the
 1463  sheriff’s return to have an appraised value of $1,000 or less,
 1464  the above citation shall be served by posting at three public
 1465  places in the county, one of which shall be the front door of
 1466  the courthouse; if the value of the property is shown by the
 1467  sheriff’s return to have an approximate value of more than
 1468  $1,000, the citation shall be published by print or posted for
 1469  at least 2 consecutive weeks on a newspaper’s website and the
 1470  statewide legal notice website in accordance with s. 50.0211(5).
 1471  If published in print, the citation shall appear at least once
 1472  each week for 2 consecutive weeks in a some newspaper qualified
 1473  to publish legal notices under chapter 50 that is of general
 1474  publication published in the county, if there is be such a
 1475  newspaper published in the county. and If there is no such
 1476  newspaper not, the then said notice of such publication shall be
 1477  made by certificate of the clerk if publication is made by
 1478  posting, and by affidavit as provided in chapter 50, if made by
 1479  publication as provided in chapter 50 in a newspaper, which
 1480  affidavit or certificate shall be filed and become a part of the
 1481  record in the cause. Failure of the record to show proof of such
 1482  publication shall not affect any judgment made in the cause
 1483  unless it shall affirmatively appear that no such publication
 1484  was made.
 1485         Section 30. Paragraph (a) of subsection (6) of section
 1486  932.704, Florida Statutes, is amended to read:
 1487         932.704 Forfeiture proceedings.—
 1488         (6)(a) If the property is required by law to be titled or
 1489  registered, or if the owner of the property is known in fact to
 1490  the seizing agency, or if the seized property is subject to a
 1491  perfected security interest in accordance with the Uniform
 1492  Commercial Code, chapter 679, the attorney for the seizing
 1493  agency shall serve the forfeiture complaint as an original
 1494  service of process under the Florida Rules of Civil Procedure
 1495  and other applicable law to each person having an ownership or
 1496  security interest in the property. The seizing agency shall also
 1497  publish, in accordance with chapter 50, notice of the forfeiture
 1498  complaint for 2 consecutive weeks on a newspaper’s website and
 1499  the statewide legal notice website in accordance with s.
 1500  50.0211(5) or, if published in print, once each week for 2
 1501  consecutive weeks in a newspaper qualified to publish legal
 1502  notices under chapter 50 of general circulation, as defined in
 1503  s. 165.031, in the county where the seizure occurred.
 1504         Section 31. This act shall take effect January 1, 2022.