Bill Text: FL H1511 | 2010 | Regular Session | Introduced

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Bill Title: Effective Public Notices by Governmental Entities

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Military & Local Affairs Policy (EDCA) [H1511 Detail]

Download: Florida-2010-H1511-Introduced.html

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HB 1511

1	A bill to be entitled
2	An act relating to effective public notices by
3	governmental entities; creating s. 50.0311, F.S.; defining
4	the term "publicly accessible website"; authorizing a
5	local government to use its publicly accessible website
6	for legally required advertisements and public notices;
7	providing conditions for such use; providing for optional
8	receipt of legally required advertisements and public
9	notices by first-class mail or e-mail; providing
10	requirements for advertisements and public notices
11	published on a publicly accessible website; amending s.
12	50.011, F.S.; providing that a notice, advertisement, or
13	publication on a publicly accessible website of a local
14	government in accordance with s. 50.0311, F.S.,
15	constitutes legal notice; amending s. 50.021, F.S.;
16	providing that advertisements directed by law or order or
17	decree of court to be made in a county in which no
18	newspaper is published may be made by publication on a
19	publicly accessible website; amending s. 50.051, F.S.;
20	providing clarifying provisions; amending s. 50.061, F.S.;
21	providing clarifying provisions; amending s. 100.342,
22	F.S.; providing for notice of special election or
23	referendum on a publicly accessible website; amending s.
24	125.66, F.S.; providing for notice of consideration of an
25	ordinance by a board of county commissioners to be
26	published on a publicly accessible website; requiring
27	maintenance of the advertisement for a specified period;
28	providing clarifying provisions; amending s. 129.03, F.S.;
29	providing for the advertisement of a summary statement of
30	adopted tentative county budgets on a publicly accessible
31	website; amending s. 129.06, F.S.; providing for
32	advertisement of a public hearing relating to the
33	amendment of a county budget on a publicly accessible
34	website; amending s. 153.79, F.S.; providing for public
35	advertisement by a county water and sewer system district
36	of projects to construct, reconstruct, acquire, or improve
37	a water system or a sewer system, and of a call for sealed
38	bids for such projects, on a publicly accessible website;
39	amending s. 159.32, F.S.; providing for advertisement for
40	competitive bids for contracts for the construction of a
41	project under the Florida Industrial Development Financing
42	Act on a publicly accessible website; amending s. 162.12,
43	F.S.; providing for optional serving of notice by a code
44	enforcement board of a violation of a county or municipal
45	code via a publicly accessible website; amending s.
46	163.3184, F.S.; providing for notice of public hearings on
47	the adoption of a local government comprehensive plan or
48	plan amendment or the approval of a compliance agreement
49	under the Local Government Comprehensive Planning and Land
50	Development Regulation Act via a publicly accessible
51	website; amending s. 166.041, F.S.; providing for notice
52	of adoption of a municipal ordinance via a publicly
53	accessible website; providing clarifying provisions;
54	amending s. 170.05, F.S.; providing for publication on a
55	publicly accessible website of a resolution relating to
56	municipal public improvements financed by special
57	assessments; amending s. 170.07, F.S.; providing for
58	publication on a publicly accessible website of notice of
59	hearing on municipal public improvements financed by
60	special assessments; amending s. 180.24, F.S.; providing
61	for advertisement via a publicly accessible website of
62	specified construction contracts for utilities or
63	extensions to a previously constructed utility; amending
64	s. 197.3632, F.S.; providing for publication on a publicly
65	accessible website of a local government's notice of
66	intent to use the uniform method of collecting non-ad
67	valorem assessments; amending s. 200.065, F.S.; providing
68	for advertisement on a publicly accessible website of a
69	taxing authority's intent to adopt a millage rate and
70	budget; providing for advertisement on a publicly
71	accessible website of the intention of a specified
72	multicounty taxing authority to adopt a tentative budget
73	and millage rate; providing clarifying and conforming
74	provisions; providing for notice via a publicly accessible
75	website of correction of a specified error contained in a
76	notice of proposed property taxes mailed to taxpayers;
77	amending s. 255.0525, F.S.; providing for advertisement
78	via a publicly accessible website for the solicitation of
79	competitive bids or proposals for construction projects of
80	a county, municipality, or other political subdivision
81	which are projected to exceed specified costs; amending s.
82	380.06, F.S.; providing for publication of an
83	advertisement on a publicly accessible website of a public
84	hearing by a local government on an areawide development
85	of regional impact under the Florida Environmental Land
86	and Water Management Act of 1972; amending s. 403.973,
87	F.S.; redefining the term "duly noticed" to include
88	publication on a publicly accessible website; providing
89	conforming provisions; amending s. 420.9075, F.S.;
90	providing for advertisement of notice on a publicly
91	accessible website of funding availability through a local
92	housing assistance plan under the State Housing
93	Initiatives Partnership Act; amending s. 403.7049, F.S.;
94	prescribing procedures for fulfilling public disclosure
95	system requirements with respect to the duty of a
96	municipality to disclose costs for solid waste management;
97	providing an effective date.
98
99	Be It Enacted by the Legislature of the State of Florida:
100
101	Section 1. Section 50.0311, Florida Statutes, is created
102	to read:
103	50.0311 Publication of advertisements and public notices
104	on a local government's publicly accessible website and
105	government access channels.-
106	(1) For purposes of notices and advertisements required by
107	statute to be published by a local government, the term
108	"publicly accessible website" means a county or municipal
109	government's official website that is accessible via the
110	Internet.
111	(2) If specifically authorized by ordinance, a local
112	government may use its website for legally required
113	advertisements and public notices if:
114	(a) A public library or other governmental facility
115	providing free access to the Internet during regular business
116	hours exists within the jurisdictional boundaries of such county
117	or municipality;
118	(b) The local government provides notice to its residents
119	at least once per year in a newspaper of general circulation,
120	the county or municipality's newsletter or periodical, or
121	another publication that is mailed or delivered to all residents
122	or property owners throughout the local government's
123	jurisdiction, indicating that residents may receive legally
124	required advertisements and public notices from the local
125	government by first-class mail or e-mail upon registering their
126	name and address or e-mail address with the local governmental
127	entity; and
128	(c) The local government maintains a registry of names,
129	addresses, and e-mail addresses of residents who request in
130	writing that they receive legally required advertisements and
131	public notices from the local government by first-class mail or
132	e-mail.
133	(3) Advertisements and public notices published on a
134	publicly accessible website shall be conspicuously placed on the
135	website's homepage or accessible through a direct link from the
136	homepage. The advertisement shall indicate the date on which the
137	advertisement was first published on the publicly accessible
138	website.
139	(4) The local government that has a government access
140	channel authorized under s. 610.109 may also include on its
141	government access channel a summary of all advertisements and
142	public notices that are published on its website.
143	Section 2. Section 50.011, Florida Statutes, is amended to
144	read:
145	50.011 Where and in what language legal notices to be
146	published.-Whenever by statute an official or legal
147	advertisement or a publication, or notice in a newspaper has
148	been or is directed or permitted in the nature of or in lieu of
149	process, or for constructive service, or in initiating,
150	assuming, reviewing, exercising or enforcing jurisdiction or
151	power, or for any purpose, including all legal notices and
152	advertisements of sheriffs and tax collectors, the
153	contemporaneous and continuous intent and meaning of such
154	legislation all and singular, existing or repealed, is and has
155	been and is hereby declared to be and to have been, and the rule
156	of interpretation is and has been, a publication in a newspaper
157	printed and published periodically once a week or oftener,
158	containing at least 25 percent of its words in the English
159	language, entered or qualified to be admitted and entered as
160	periodicals matter at a post office in the county where
161	published, for sale to the public generally, available to the
162	public generally for the publication of official or other
163	notices and customarily containing information of a public
164	character or of interest or of value to the residents or owners
165	of property in the county where published, or of interest or of
166	value to the general public. Notwithstanding any provisions to
167	the contrary, and as specifically authorized by s. 50.0311, a
168	notice, advertisement, or publication on a publicly accessible
169	website of a local government in accordance with s. 50.0311
170	constitutes legal notice.
171	Section 3. Section 50.021, Florida Statutes, is amended to
172	read:
173	50.021 Publication when no newspaper in county.-When any
174	law, or order or decree of court, shall direct advertisements to
175	be made in any county and there be no newspaper published in the
176	said county, the advertisement may be made, in the case of a
177	county or municipality, by publishing such advertisement on a
178	publicly accessible website maintained by the entity responsible
179	for publication or posting three copies thereof in three
180	different places in said county, one of which shall be at the
181	front door of the courthouse, and by publication in the nearest
182	county in which a newspaper is published.
183	Section 4. Section 50.051, Florida Statutes, is amended to
184	read:
185	50.051 Proof of publication; form of uniform affidavit.-
186	The printed form upon which all such affidavits establishing
187	proof of publication in a newspaper are to be executed shall be
188	substantially as follows:
189
190	NAME OF NEWSPAPER
191	Published (Weekly or Daily)
192	(Town or City) (County) FLORIDA
193
194	STATE OF FLORIDA
195
196	COUNTY OF ....:
197	Before the undersigned authority personally appeared ....,
198	who on oath says that he or she is .... of the ...., a ....
199	newspaper published at .... in .... County, Florida; that the
200	attached copy of advertisement, being a .... in the matter of
201	.... in the .... Court, was published in said newspaper in the
202	issues of .....
203	Affiant further says that the said .... is a newspaper
204	published at ...., in said .... County, Florida, and that the
205	said newspaper has heretofore been continuously published in
206	said .... County, Florida, each .... and has been entered as
207	periodicals matter at the post office in ...., in said ....
208	County, Florida, for a period of 1 year next preceding the first
209	publication of the attached copy of advertisement; and affiant
210	further says that he or she has neither paid nor promised any
211	person, firm or corporation any discount, rebate, commission or
212	refund for the purpose of securing this advertisement for
213	publication in the said newspaper.
214
215	Sworn to and subscribed before me this .... day of ....,
216	...(year)..., by ...., who is personally known to me or who has
217	produced (type of identification) as identification.
218
219
220	...(Signature of Notary Public)...
221
222	...(Print, Type, or Stamp Commissioned Name of Notary Public)...
223
224	...(Notary Public)...
225	Section 5. Subsection (4) of section 50.061, Florida
226	Statutes, is amended to read:
227	50.061 Amounts chargeable.-
228	(4) All official public notices and legal advertisements
229	published in a newspaper shall be charged and paid for on the
230	basis of 6-point type on 6-point body, unless otherwise
231	specified by statute.
232	Section 6. Section 100.342, Florida Statutes, is amended
233	to read:
234	100.342 Notice of special election or referendum.-In any
235	special election or referendum not otherwise provided for there
236	shall be at least 30 days' notice of the election or referendum
237	by publication in a newspaper of general circulation in the
238	county, district, or municipality, as the case may be, or, in
239	the case of a county or municipality, publication on a publicly
240	accessible website maintained by the local government
241	responsible for publication and published daily during the 5
242	weeks immediately preceding the election or referendum. If
243	advertised in the newspaper, the publication shall be made at
244	least twice, once in the fifth week and once in the third week
245	prior to the week in which the election or referendum is to be
246	held. If there is no newspaper of general circulation in the
247	county, district, or municipality and publication is not made on
248	a publicly accessible website maintained by the local government
249	responsible for publication, the notice shall be posted in no
250	fewer less than five places within the territorial limits of the
251	county, district, or municipality.
252	Section 7. Paragraph (a) of subsection (2) and paragraph
253	(b) of subsection (4) of section 125.66, Florida Statutes, are
254	amended to read:
255	125.66 Ordinances; enactment procedure; emergency
256	ordinances; rezoning or change of land use ordinances or
257	resolutions.-
258	(2)(a) The regular enactment procedure shall be as
259	follows: The board of county commissioners at any regular or
260	special meeting may enact or amend any ordinance, except as
261	provided in subsection (4), if notice of intent to consider such
262	ordinance is given at least 10 days before the prior to said
263	meeting on a publicly accessible website maintained by the
264	county or by publication in a newspaper of general circulation
265	in the county. If advertised on a publicly accessible website,
266	the advertisement shall be published daily during the 10 days
267	immediately preceding the meeting. A copy of such notice shall
268	be kept available for public inspection during the regular
269	business hours of the office of the clerk of the board of county
270	commissioners. The notice of proposed enactment shall state the
271	date, time, and place of the meeting; the title or titles of
272	proposed ordinances; and the place or places within the county
273	where such proposed ordinances may be inspected by the public.
274	The notice shall also advise that interested parties may appear
275	at the meeting and be heard with respect to the proposed
276	ordinance.
277	(4) Ordinances or resolutions, initiated by other than the
278	county, that change the actual zoning map designation of a
279	parcel or parcels of land shall be enacted pursuant to
280	subsection (2). Ordinances or resolutions that change the actual
281	list of permitted, conditional, or prohibited uses within a
282	zoning category, or ordinances or resolutions initiated by the
283	county that change the actual zoning map designation of a parcel
284	or parcels of land shall be enacted pursuant to the following
285	procedure:
286	(b) In cases in which the proposed ordinance or resolution
287	changes the actual list of permitted, conditional, or prohibited
288	uses within a zoning category, or changes the actual zoning map
289	designation of a parcel or parcels of land involving 10
290	contiguous acres or more, the board of county commissioners
291	shall provide for public notice and hearings as follows:
292	1. The board of county commissioners shall hold two
293	advertised public hearings on the proposed ordinance or
294	resolution. At least one hearing shall be held after 5 p.m. on a
295	weekday, unless the board of county commissioners, by a majority
296	plus one vote, elects to conduct that hearing at another time of
297	day. The first public hearing shall be held at least 7 days
298	after the day that the first advertisement is published. The
299	second hearing shall be held at least 10 days after the first
300	hearing and shall be advertised at least 5 days prior to the
301	public hearing.
302	2. The required newspaper advertisements shall be no less
303	than 2 columns wide by 10 inches long in a standard size or a
304	tabloid size newspaper, and the headline in the advertisement
305	shall be in a type no smaller than 18 point. The newspaper
306	advertisement shall not be placed in that portion of the
307	newspaper where legal notices and classified advertisements
308	appear. The newspaper advertisement shall be placed in a
309	newspaper of general paid circulation in the county and of
310	general interest and readership in the community pursuant to
311	chapter 50, not one of limited subject matter. It is the
312	legislative intent that, whenever possible, the newspaper
313	advertisement shall appear in a newspaper that is published at
314	least 5 days a week unless the only newspaper in the community
315	is published less than 5 days a week. The newspaper
316	advertisement shall be in substantially the following form:
317
318	NOTICE OF (TYPE OF) CHANGE
319
320	The ...(name of local governmental unit)... proposes to
321	adopt the following by ordinance or resolution:...(title of
322	ordinance or resolution)....
323	A public hearing on the ordinance or resolution will be
324	held on ...(date and time)... at ...(meeting place)....
325
326	Except for amendments which change the actual list of permitted,
327	conditional, or prohibited uses within a zoning category, the
328	advertisement shall contain a geographic location map which
329	clearly indicates the area within the local government covered
330	by the proposed ordinance or resolution. The map shall include
331	major street names as a means of identification of the general
332	area.
333	3. In lieu of publishing the advertisements set out in
334	this paragraph, the board of county commissioners may mail a
335	notice to each person owning real property within the area
336	covered by the ordinance or resolution. Such notice shall
337	clearly explain the proposed ordinance or resolution and shall
338	notify the person of the time, place, and location of both
339	public hearings on the proposed ordinance or resolution.
340	Section 8. Paragraph (b) of subsection (3) of section
341	129.03, Florida Statutes, is amended to read:
342	129.03 Preparation and adoption of budget.-
343	(3) No later than 15 days after certification of value by
344	the property appraiser pursuant to s. 200.065(1), the county
345	budget officer, after tentatively ascertaining the proposed
346	fiscal policies of the board for the ensuing fiscal year, shall
347	prepare and present to the board a tentative budget for the
348	ensuing fiscal year for each of the funds provided in this
349	chapter, including all estimated receipts, taxes to be levied,
350	and balances expected to be brought forward and all estimated
351	expenditures, reserves, and balances to be carried over at the
352	end of the year.
353	(b) Upon receipt of the tentative budgets and completion
354	of any revisions made by the board, the board shall prepare a
355	statement summarizing all of the adopted tentative budgets. This
356	summary statement shall show, for each budget and the total of
357	all budgets, the proposed tax millages, the balances, the
358	reserves, and the total of each major classification of receipts
359	and expenditures, classified according to the classification of
360	accounts prescribed by the appropriate state agency. The board
361	shall cause this summary statement to be advertised one time in
362	a newspaper of general circulation published in the county, on a
363	publicly accessible website maintained by the county, or by
364	posting at the courthouse door if there is no such newspaper or
365	website, and the advertisement shall appear adjacent to the
366	advertisement required pursuant to s. 200.065.
367	Section 9. Paragraph (f) of subsection (2) of section
368	129.06, Florida Statutes, is amended to read:
369	129.06 Execution and amendment of budget.-
370	(2) The board at any time within a fiscal year may amend a
371	budget for that year, and may within the first 60 days of a
372	fiscal year amend the budget for the prior fiscal year, as
373	follows:
374	(f) If an amendment to a budget is required for a purpose
375	not specifically authorized in paragraphs (a)-(e), unless
376	otherwise prohibited by law, the amendment may be authorized by
377	resolution or ordinance of the board of county commissioners
378	adopted following a public hearing. The public hearing must be
379	advertised at least 2 days, but not more than 5 days, before the
380	date of the hearing. The advertisement must appear on a publicly
381	accessible website maintained by the county or in a newspaper of
382	paid general circulation and must identify the name of the
383	taxing authority, the date, place, and time of the hearing, and
384	the purpose of the hearing. If advertised in the newspaper, the
385	public hearing must be advertised at least 2 days, but not more
386	than 5 days, before the date of the hearing. If advertised on a
387	publicly accessible website, the notice must be published daily
388	during the 5 days immediately preceding the hearing. The
389	advertisement must also identify each budgetary fund to be
390	amended, the source of the funds, the use of the funds, and the
391	total amount of each budget.
392	Section 10. Section 153.79, Florida Statutes, is amended
393	to read:
394	153.79 Contracts for construction of improvements, sealed
395	bids.-All contracts let, awarded, or entered into by the
396	district for the construction, reconstruction, or acquisition or
397	improvement of a water system or a sewer system or both or any
398	part thereof, if the amount thereof shall exceed $1,000, shall
399	be awarded only after public advertisement and call for sealed
400	bids therefor on a publicly accessible website maintained by the
401	county or, in a newspaper published in the county circulating in
402	the district, or, if there is be no such website or newspaper,
403	then in a newspaper published in the state and circulating in
404	the district. If advertised in the newspaper, such advertisement
405	shall to be published at least once at least 3 weeks before the
406	date set for the receipt of such bids. If advertised on a
407	publicly accessible website, such advertisement shall be
408	published daily during the 3 weeks immediately preceding the
409	date set for the receipt of such bids. Such advertisements for
410	bids in addition to the other necessary and pertinent matter
411	shall state in general terms the nature and description of the
412	improvement or improvements to be undertaken and shall state
413	that detailed plans and specifications for such work are on file
414	for inspection in the office of the district clerk and copies
415	thereof shall be furnished to any interested party upon payment
416	of reasonable charges to reimburse the district for its expenses
417	in providing such copies. The award shall be made to the
418	responsible and competent bidder or bidders who shall offer to
419	undertake the improvements at the lowest cost to the district
420	and such bidder or bidders shall be required to file bond for
421	the full and faithful performance of such work and the execution
422	of any such contract in such amount as the district board shall
423	determine, and in all other respects the letting of such
424	construction contracts shall comply with applicable provisions
425	of the general laws relating to the letting of public contracts.
426	Nothing in this section shall be deemed to prevent the district
427	from hiring or retaining such consulting engineers, attorneys,
428	financial experts or other technicians as it shall determine, in
429	its discretion, or from undertaking any construction work with
430	its own resources, without any such public advertisement.
431	Section 11. Section 159.32, Florida Statutes, is amended
432	to read:
433	159.32 Construction contracts.-Contracts for the
434	construction of the project may be awarded by the local agency
435	in such manner as in its judgment will best promote free and
436	open competition, including advertisement for competitive bids
437	in a newspaper of general circulation within the boundaries of
438	the local agency or on a publicly accessible website maintained
439	by the county; however, if the local agency shall determine that
440	the purposes of this part will be more effectively served, the
441	local agency in its discretion may award or cause to be awarded
442	contracts for the construction of any project, or any part
443	thereof, upon a negotiated basis as determined by the local
444	agency. The local agency shall prescribe bid security
445	requirements and other procedures in connection with the award
446	of such contracts as in its judgment shall protect the public
447	interest. The local agency may by written contract engage the
448	services of the lessee, purchaser, or prospective lessee or
449	purchaser of any project in the construction of the project and
450	may provide in the contract that the lessee, purchaser, or
451	prospective lessee or purchaser may act as an agent of, or an
452	independent contractor for, the local agency for the performance
453	of the functions described therein, subject to such conditions
454	and requirements consistent with the provisions of this part as
455	shall be prescribed in the contract, including functions such as
456	the acquisition of the site and other real property for the
457	project; the preparation of plans, specifications, and contract
458	documents; the award of construction and other contracts upon a
459	competitive or negotiated basis; the construction of the
460	project, or any part thereof, directly by the lessee, purchaser,
461	or prospective lessee or purchaser; the inspection and
462	supervision of construction; the employment of engineers,
463	architects, builders, and other contractors; and the provision
464	of money to pay the cost thereof pending reimbursement by the
465	local agency. Any such contract may provide that the local
466	agency may, out of proceeds of bonds, make advances to or
467	reimburse the lessee, purchaser, or prospective lessee or
468	purchaser for its costs incurred in the performance of those
469	functions, and shall set forth the supporting documents required
470	to be submitted to the local agency and the reviews,
471	examinations, and audits that shall be required in connection
472	therewith to assure compliance with the provisions of this part
473	and the contract.
474	Section 12. Paragraph (a) of subsection (2) of section
475	162.12, Florida Statutes, is amended to read:
476	162.12 Notices.-
477	(2) In addition to providing notice as set forth in
478	subsection (1), at the option of the code enforcement board,
479	notice may also be served by publication or posting, as follows:
480	(a)1. Such notice shall be published once during each week
481	for 4 consecutive weeks (four publications being sufficient) in
482	a newspaper of general circulation in the county where the code
483	enforcement board is located or daily during the 4 weeks
484	immediately preceding the hearing on a publicly accessible
485	website maintained by the local government. The website and
486	newspaper shall meet such requirements as are prescribed under
487	chapter 50 for legal and official advertisements.
488	2. Proof of newspaper publication shall be made as
489	provided in ss. 50.041 and 50.051.
490
491	Evidence that an attempt has been made to hand deliver or mail
492	notice as provided in subsection (1), together with proof of
493	publication or posting as provided in subsection (2), shall be
494	sufficient to show that the notice requirements of this part
495	have been met, without regard to whether or not the alleged
496	violator actually received such notice.
497	Section 13. Paragraph (b) of subsection (15) and paragraph
498	(c) of subsection (16) of section 163.3184, Florida Statutes,
499	are amended to read:
500	163.3184 Process for adoption of comprehensive plan or
501	plan amendment.-
502	(15) PUBLIC HEARINGS.-
503	(b) The local governing body shall hold at least two
504	advertised public hearings on the proposed comprehensive plan or
505	plan amendment as follows:
506	1. The first public hearing shall be held at the
507	transmittal stage pursuant to subsection (3). It shall be held
508	on a weekday at least 7 days after the day that the first
509	advertisement is published or after the notice of the first
510	public hearing is initially published on the publicly accessible
511	website.
512	2. The second public hearing shall be held at the adoption
513	stage pursuant to subsection (7). It shall be held on a weekday
514	at least 5 days after the day that the second advertisement is
515	published or after the notice of the second public hearing is
516	initially published on the publicly accessible website.
517	(16) COMPLIANCE AGREEMENTS.-
518	(c) Before Prior to its execution of a compliance
519	agreement, the local government must approve the compliance
520	agreement at a public hearing advertised at least 10 days before
521	the public hearing in a newspaper of general circulation in the
522	area or daily during the 10 days immediately preceding the
523	hearing on a publicly accessible website maintained by the local
524	government in accordance with the advertisement requirements of
525	subsection (15).
526	Section 14. Paragraphs (a) and (c) of subsection (3) of
527	section 166.041, Florida Statutes, are amended to read:
528	166.041 Procedures for adoption of ordinances and
529	resolutions.-
530	(3)(a) Except as provided in paragraph (c), a proposed
531	ordinance may be read by title, or in full, on at least 2
532	separate days and shall, at least 10 days before prior to
533	adoption, be noticed once in a newspaper of general
534	in the municipality or noticed daily during the 10
535	immediately preceding the adoption on a publicly accessible
536	website maintained by the municipality. The notice of proposed
537	enactment shall state the date, time, and place of the meeting;
538	the title or titles of proposed ordinances; and the place or
539	places within the municipality where such proposed ordinances
540	may be inspected by the public. The notice shall also advise
541	that interested parties may appear at the meeting and be heard
542	with respect to the proposed ordinance.
543	(c) Ordinances initiated by other than the municipality
544	that change the actual zoning map designation of a parcel or
545	parcels of land shall be enacted pursuant to paragraph (a).
546	Ordinances that change the actual list of permitted,
547	conditional, or prohibited uses within a zoning category, or
548	ordinances initiated by the municipality that change the actual
549	zoning map designation of a parcel or parcels of land shall be
550	enacted pursuant to the following procedure:
551	1. In cases in which the proposed ordinance changes the
552	actual zoning map designation for a parcel or parcels of land
553	involving less than 10 contiguous acres, the governing body
554	shall direct the clerk of the governing body to notify by mail
555	each real property owner whose land the municipality will
556	redesignate by enactment of the ordinance and whose address is
557	known by reference to the latest ad valorem tax records. The
558	notice shall state the substance of the proposed ordinance as it
559	affects that property owner and shall set a time and place for
560	one or more public hearings on such ordinance. Such notice shall
561	be given at least 30 days prior to the date set for the public
562	hearing, and a copy of the notice shall be kept available for
563	public inspection during the regular business hours of the
564	office of the clerk of the governing body. The governing body
565	shall hold a public hearing on the proposed ordinance and may,
566	upon the conclusion of the hearing, immediately adopt the
567	ordinance.
568	2. In cases in which the proposed ordinance changes the
569	actual list of permitted, conditional, or prohibited uses within
570	a zoning category, or changes the actual zoning map designation
571	of a parcel or parcels of land involving 10 contiguous acres or
572	more, the governing body shall provide for public notice and
573	hearings as follows:
574	a. The local governing body shall hold two advertised
575	public hearings on the proposed ordinance. At least one hearing
576	shall be held after 5 p.m. on a weekday, unless the local
577	governing body, by a majority plus one vote, elects to conduct
578	that hearing at another time of day. The first public hearing
579	shall be held at least 7 days after the day that the first
580	advertisement is published. The second hearing shall be held at
581	least 10 days after the first hearing and shall be advertised at
582	least 5 days prior to the public hearing.
583	b. The required newspaper advertisements shall be no less
584	than 2 columns wide by 10 inches long in a standard size or a
585	tabloid size newspaper, and the headline in the advertisement
586	shall be in a type no smaller than 18 point. The newspaper
587	advertisement shall not be placed in that portion of the
588	newspaper where legal notices and classified advertisements
589	appear. The newspaper advertisement shall be placed in a
590	newspaper of general paid circulation in the municipality and of
591	general interest and readership in the municipality, not one of
592	limited subject matter, pursuant to chapter 50. It is the
593	legislative intent that, whenever possible, the newspaper
594	advertisement appear in a newspaper that is published at least 5
595	days a week unless the only newspaper in the municipality is
596	published less than 5 days a week. The newspaper advertisement
597	shall be in substantially the following form:
598	NOTICE OF (TYPE OF) CHANGE
599
600	The ...(name of local governmental unit)... proposes to
601	adopt the following ordinance:...(title of the ordinance)....
602	A public hearing on the ordinance will be held on ...(date
603	and time)... at ...(meeting place)....
604
605	Except for amendments which change the actual list of permitted,
606	conditional, or prohibited uses within a zoning category, the
607	advertisement shall contain a geographic location map which
608	clearly indicates the area covered by the proposed ordinance.
609	The map shall include major street names as a means of
610	identification of the general area.
611	c. In lieu of publishing the advertisement set out in this
612	paragraph, the municipality may mail a notice to each person
613	owning real property within the area covered by the ordinance.
614	Such notice shall clearly explain the proposed ordinance and
615	shall notify the person of the time, place, and location of any
616	public hearing on the proposed ordinance.
617	Section 15. Section 170.05, Florida Statutes, is amended
618	to read:
619	170.05 Publication of resolution.-Upon the adoption of the
620	resolution provided for in s. 170.03, the municipality shall
621	cause said resolution to be published on a publicly accessible
622	website maintained by the municipality or one time in a
623	newspaper of general circulation published in said municipality,
624	and if there is be no website or newspaper published in said
625	municipality, the governing authority of said municipality shall
626	cause said resolution to be published once a week for a period
627	of 2 weeks in a newspaper of general circulation published in
628	the county in which said municipality is located.
629	Section 16. Section 170.07, Florida Statutes, is amended
630	to read:
631	170.07 Publication of preliminary assessment roll.-Upon
632	the completion of said preliminary assessment roll, the
633	governing authority of the municipality shall by resolution fix
634	a time and place at which the owners of the property to be
635	assessed or any other persons interested therein may appear
636	before said governing authority and be heard as to the propriety
637	and advisability of making such improvements, as to the cost
638	thereof, as to the manner of payment therefor, and as to the
639	amount thereof to be assessed against each property so improved.
640	Thirty days' notice in writing of such time and place shall be
641	given to such property owners. The notice shall include the
642	amount of the assessment and shall be served by mailing a copy
643	to each of such property owners at his or her last known
644	address, the names and addresses of such property owners to be
645	obtained from the records of the property appraiser or from such
646	other sources as the city or town clerk or engineer deems
647	reliable, proof of such mailing to be made by the affidavit of
648	the clerk or deputy clerk of said municipality, or by the
649	engineer, said proof to be filed with the clerk, provided, that
650	failure to mail said notice or notices shall not invalidate any
651	of the proceedings hereunder. Notice of the time and place of
652	such hearing shall also be given by two publications a week
653	apart in a newspaper of general circulation in said municipality
654	or by publication daily for 2 weeks on a publicly accessible
655	website maintained by the municipality, and if there is be no
656	website or newspaper published in said municipality, the
657	governing authority of said municipality shall cause said notice
658	to be published in like manner in a newspaper of general
659	circulation published in the county in which said municipality
660	is located; provided that the last publication shall be at least
661	1 week before prior to the date of the hearing. Said notice
662	shall describe the streets or other areas to be improved and
663	advise all persons interested that the description of each
664	property to be assessed and the amount to be assessed to each
665	piece or parcel of property may be ascertained at the office of
666	the clerk of the municipality. Such service by publication shall
667	be verified by the affidavit of the publisher and filed with the
668	clerk of said municipality.
669	Section 17. Subsection (1) of section 180.24, Florida
670	Statutes, is amended to read:
671	180.24 Contracts for construction; bond; publication of
672	notice; bids.-
673	(1) Any municipality desiring the accomplishment of any or
674	all of the purposes of this chapter may make contracts for the
675	construction of any of the utilities mentioned in this chapter,
676	or any extension or extensions to any previously constructed
677	utility, which said contracts shall be in writing, and the
678	contractor shall be required to give bond, which said bond shall
679	be executed by a surety company authorized to do business in the
680	state; provided, however, construction contracts in excess of
681	$25,000 shall be advertised by the publication of a notice in a
682	newspaper of general circulation in the county in which said
683	municipality is located at least once each week for 2
684	consecutive weeks, by publication daily for 2 weeks on a
685	publicly accessible website maintained by the municipality, or
686	by posting three notices in three conspicuous places in said
687	municipality, one of which shall be on the door of the city
688	hall; and that at least 10 days shall elapse between the date of
689	the first publication or posting of such notice and the date of
690	receiving bids and the execution of such contract documents. For
691	municipal construction projects identified in s. 255.0525, the
692	notice provision of that section supersedes and replaces the
693	notice provisions in this section.
694	Section 18. Paragraph (a) of subsection (3) of section
695	197.3632, Florida Statutes, is amended to read:
696	197.3632 Uniform method for the levy, collection, and
697	enforcement of non-ad valorem assessments.-
698	(3)(a) Notwithstanding any other provision of law to the
699	contrary, a local government which is authorized to impose a
700	non-ad valorem assessment and which elects to use the uniform
701	method of collecting such assessment for the first time as
702	authorized in this section shall adopt a resolution at a public
703	hearing before prior to January 1 or, if the property appraiser,
704	tax collector, and local government agree, March 1. The
705	resolution shall clearly state its intent to use the uniform
706	method of collecting such assessment. The local government shall
707	publish notice of its intent to use the uniform method for
708	collecting such assessment weekly in a newspaper of general
709	circulation within each county contained in the boundaries of
710	the local government for 4 consecutive weeks preceding the
711	hearing or, in the case of a county or municipality, daily
712	during the 4 consecutive weeks immediately preceding the hearing
713	on a publicly accessible website maintained by the county or
714	municipality. The resolution shall state the need for the levy
715	and shall include a legal description of the boundaries of the
716	real property subject to the levy. If the resolution is adopted,
717	the local governing board shall send a copy of it by United
718	States mail to the property appraiser, the tax collector, and
719	the department by January 10 or, if the property appraiser, tax
720	collector, and local government agree, March 10.
721	Section 19. Paragraph (d) of subsection (2), paragraph (g)
722	of subsection (3), paragraph (b) of subsection (12), and
723	paragraph (a) of subsection (14) of section 200.065, Florida
724	Statutes, are amended to read:
725	200.065 Method of fixing millage.-
726	(2) No millage shall be levied until a resolution or
727	ordinance has been approved by the governing board of the taxing
728	authority which resolution or ordinance must be approved by the
729	taxing authority according to the following procedure:
730	(d) Within 15 days after the meeting adopting the
731	tentative budget, the taxing authority shall advertise in a
732	newspaper of general circulation in the county as provided in
733	subsection (3), its intent to finally adopt a millage rate and
734	budget or, in the case of a county or municipality, may
735	advertise on its publicly accessible website its intent to
736	finally adopt a millage rate and budget, and shall maintain the
737	notice on its website until completion of the hearing. If
738	advertised in a newspaper, a public hearing to finalize the
739	budget and adopt a millage rate shall be held not less than 2
740	days nor more than 5 days after the day that the advertisement
741	is first published. During the hearing, the governing body of
742	the taxing authority shall amend the adopted tentative budget as
743	it sees fit, adopt a final budget, and adopt a resolution or
744	ordinance stating the millage rate to be levied. The resolution
745	or ordinance shall state the percent, if any, by which the
746	millage rate to be levied exceeds the rolled-back rate computed
747	pursuant to subsection (1), which shall be characterized as the
748	percentage increase in property taxes adopted by the governing
749	body. The adoption of the budget and the millage-levy resolution
750	or ordinance shall be by separate votes. For each taxing
751	authority levying millage, the name of the taxing authority, the
752	rolled-back rate, the percentage increase, and the millage rate
753	to be levied shall be publicly announced before prior to the
754	adoption of the millage-levy resolution or ordinance. In no
755	event may The millage rate adopted pursuant to this paragraph
756	may not exceed the millage rate tentatively adopted pursuant to
757	paragraph (c). If the rate tentatively adopted pursuant to
758	paragraph (c) exceeds the proposed rate provided to the property
759	appraiser pursuant to paragraph (b), or as subsequently adjusted
760	pursuant to subsection (11), each taxpayer within the
761	jurisdiction of the taxing authority shall be sent notice by
762	first-class mail of his or her taxes under the tentatively
763	adopted millage rate and his or her taxes under the previously
764	proposed rate. The notice must be prepared by the property
765	appraiser, at the expense of the taxing authority, and must
766	generally conform to the requirements of s. 200.069. If such
767	additional notice is necessary, its mailing must precede the
768	hearing held pursuant to this paragraph by not less than 10 days
769	and not more than 15 days.
770	(3)
771	(g) If In the event that the mailing of the notice of
772	proposed property taxes is delayed beyond September 3 in a
773	county, any multicounty taxing authority which levies ad valorem
774	taxes within that county shall advertise its intention to adopt
775	a tentative budget and millage rate on a publicly accessible
776	website maintained by the taxing authority or in a newspaper of
777	paid general circulation within that county, as provided in this
778	subsection, and shall hold the hearing required pursuant to
779	paragraph (2)(c). If advertised in the newspaper, the hearing
780	shall be held not less than 2 days or more than 5 days
781	thereafter, and not later than September 18. If advertised on
782	the website, the hearing shall be held not less than 2 days
783	after initial publication of the advertisement on the website
784	and not later than September 18, and shall remain on the website
785	until the date of the hearing. The advertisement shall be in the
786	following form, unless the proposed millage rate is less than or
787	equal to the rolled-back rate, computed pursuant to subsection
788	(1), in which case the advertisement shall be as provided in
789	paragraph (e):
790	NOTICE OF TAX INCREASE
791
792	The ...(name of the taxing authority)... proposes to
793	increase its property tax levy by ...(percentage of increase
794	over rolled-back rate)... percent.
795	All concerned citizens are invited to attend a public
796	hearing on the proposed tax increase to be held on ...(date and
797	time)... at ...(meeting place)....
798	(12) The time periods specified in this section shall be
799	determined by using the date of certification of value pursuant
800	to subsection (1) or July 1, whichever date is later, as day 1.
801	The time periods shall be considered directory and may be
802	shortened, provided:
803	(b) Any public hearing preceded by a newspaper
804	advertisement is held not less than 2 days or more than 5 days
805	following publication of such advertisement and any public
806	hearing preceded by advertisement on a website advertisement is
807	held not less than 2 days after initial publication; and
808	(14)(a) If the notice of proposed property taxes mailed to
809	taxpayers under this section contains an error, the property
810	appraiser, in lieu of mailing a corrected notice to all
811	taxpayers, may correct the error by mailing a short form of the
812	notice to those taxpayers affected by the error and its
813	correction. The notice shall be prepared by the property
814	appraiser at the expense of the taxing authority which caused
815	the error or at the property appraiser's expense if he or she
816	caused the error. The form of the notice must be approved by the
817	executive director of the Department of Revenue or the executive
818	director's designee. If the error involves only the date and
819	time of the public hearings required by this section, the
820	property appraiser, with the permission of the taxing authority
821	affected by the error, may correct the error by advertising the
822	corrected information on a publicly accessible website
823	maintained by the taxing authority or in a newspaper of general
824	circulation in the county as provided in subsection (3).
825	Section 20. Subsection (2) of section 255.0525, Florida
826	Statutes, is amended to read:
827	255.0525 Advertising for competitive bids or proposals.-
828	(2) The solicitation of competitive bids or proposals for
829	any county, municipality, or other political subdivision
830	construction project that is projected to cost more than
831	$200,000 shall be publicly advertised at least once in a
832	newspaper of general circulation in the county where the project
833	is located at least 21 days before prior to the established bid
834	opening and at least 5 days before prior to any scheduled prebid
835	conference, or advertised daily during the 21-day period
836	immediately preceding the established bid opening date and daily
837	during the 5-day period immediately preceding any scheduled
838	prebid conference on a publicly accessible website maintained by
839	the entity responsible for publication. The solicitation of
840	competitive bids or proposals for any county, municipality, or
841	other political subdivision construction project that is
842	projected to cost more than $500,000 shall be publicly
843	advertised at least once in a newspaper of general circulation
844	in the county where the project is located at least 30 days
845	before prior to the established bid opening and at least 5 days
846	before prior to any scheduled prebid conference, or advertised
847	daily during the 30-day period immediately preceding the
848	established bid opening date and daily during the 5-day period
849	immediately preceding any scheduled prebid conference on a
850	publicly accessible website. Bids or proposals shall be received
851	and opened at the location, date, and time established in the
852	bid or proposal advertisement. In cases of emergency, the
853	procedures required in this section may be altered by the local
854	governmental entity in any manner that is reasonable under the
855	emergency circumstances.
856	Section 21. Paragraph (e) of subsection (25) of section
857	380.06, Florida Statutes, is amended to read:
858	380.06 Developments of regional impact.-
859	(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.-
860	(e) The local government shall schedule a public hearing
861	within 60 days after receipt of the petition. The public hearing
862	shall be advertised at least 30 days before prior to the
863	hearing. In addition to the public hearing notice by the local
864	government, the petitioner, except when the petitioner is a
865	local government, shall provide actual notice to each person
866	owning land within the proposed areawide development plan at
867	least 30 days before prior to the hearing. If the petitioner is
868	a local government, or local governments pursuant to an
869	interlocal agreement, notice of the public hearing shall be
870	provided by the publication of an advertisement on a publicly
871	accessible website maintained by the county or municipality
872	responsible for publication or in a newspaper of general
873	circulation that meets the requirements of this paragraph. The
874	newspaper advertisement must be no less than one-quarter page in
875	a standard size or tabloid size newspaper, and the headline in
876	the newspaper advertisement must be in type no smaller than 18
877	point. The newspaper advertisement may shall not be published in
878	that portion of the newspaper where legal notices and classified
879	advertisements appear. The advertisement must be published on a
880	publicly accessible website maintained by the county or
881	municipality responsible for publication or in a newspaper of
882	general paid circulation in the county and of general interest
883	and readership in the community, not one of limited subject
884	matter, pursuant to chapter 50. Whenever possible, the newspaper
885	advertisement must appear in a newspaper that is published at
886	least 5 days a week, unless the only newspaper in the community
887	is published less than 5 days a week. The advertisement must be
888	in substantially the form used to advertise amendments to
889	comprehensive plans pursuant to s. 163.3184. The local
890	government shall specifically notify in writing the regional
891	planning agency and the state land planning agency at least 30
892	days before prior to the public hearing. At the public hearing,
893	all interested parties may testify and submit evidence regarding
894	the petitioner's qualifications, the need for and benefits of an
895	areawide development of regional impact, and such other issues
896	relevant to a full consideration of the petition. If more than
897	one local government has jurisdiction over the defined planning
898	area in an areawide development plan, the local governments
899	shall hold a joint public hearing. Such hearing shall address,
900	at a minimum, the need to resolve conflicting ordinances or
901	comprehensive plans, if any. The local government holding the
902	joint hearing shall comply with the following additional
903	requirements:
904	1. The notice of the hearing shall be published at least
905	60 days in advance of the hearing and shall specify where the
906	petition may be reviewed.
907	2. The notice shall be given to the state land planning
908	agency, to the applicable regional planning agency, and to such
909	other persons as may have been designated by the state land
910	planning agency as entitled to receive such notices.
911	3. A public hearing date shall be set by the appropriate
912	local government at the next scheduled meeting.
913	Section 22. Paragraph (a) of subsection (2) of section
914	403.973, Florida Statutes, is amended to read:
915	403.973 Expedited permitting; comprehensive plan
916	amendments.-
917	(2) As used in this section, the term:
918	(a) "Duly noticed" means publication on a publicly
919	accessible website maintained by the municipality or county
920	having jurisdiction or in a newspaper of general circulation in
921	the municipality or county having with jurisdiction. If
922	published in a newspaper, the notice shall appear on at least 2
923	separate days, one of which shall be at least 7 days before the
924	meeting. If published on a publicly accessible website, the
925	notice shall appear daily during the 7 days immediately
926	preceding the meeting. The notice shall state the date, time,
927	and place of the meeting scheduled to discuss or enact the
928	memorandum of agreement, and the places within the municipality
929	or county where such proposed memorandum of agreement may be
930	inspected by the public. The newspaper notice must be one-eighth
931	of a page in size and must be published in a portion of the
932	paper other than the legal notices section. The notice shall
933	also advise that interested parties may appear at the meeting
934	and be heard with respect to the memorandum of agreement.
935	Section 23. Paragraph (b) of subsection (4) of section
936	420.9075, Florida Statutes, is amended to read:
937	420.9075 Local housing assistance plans; partnerships.-
938	(4) Each local housing assistance plan is governed by the
939	following criteria and administrative procedures:
940	(b) The county or eligible municipality or its
941	administrative representative shall advertise the notice of
942	funding availability in a newspaper of general circulation and
943	periodicals serving ethnic and diverse neighborhoods, at least
944	30 days before the beginning of the application period or daily
945	during the 30 days immediately preceding the application period
946	on a publicly accessible website maintained by the county or
947	eligible municipality. If no funding is available due to a
948	waiting list, no notice of funding availability is required.
949	Section 24. Subsection (2) of section 403.7049, Florida
950	Statutes, is amended to read:
951	403.7049 Determination of full cost for solid waste
952	management; local solid waste management fees.-
953	(2)(a) Each municipality shall establish a system to
954	inform, no less than once a year, residential and nonresidential
955	users of solid waste management services within the
956	municipality's service area of the user's share, on an average
957	or individual basis, of the full cost for solid waste management
958	as determined pursuant to subsection (1). Counties shall provide
959	the information required of municipalities only to residential
960	and nonresidential users of solid waste management services
961	within the county's service area that are not served by a
962	municipality. Municipalities shall include costs charged to them
963	or persons contracting with them for disposal of solid waste in
964	the full cost information provided to residential and
965	nonresidential users of solid waste management services.
966	(b) The public disclosure system requirements of this
967	section shall be fulfilled by meeting one of the following:
968	1. By mailing a copy of the full cost information to each
969	residential and nonresidential user of solid waste management
970	service within the solid waste management service area of the
971	county or municipality;
972	2. By enclosing a copy of the full cost information in or
973	with a bill sent to each residential and nonresidential user of
974	solid waste management services within the service area of the
975	county or municipality;
976	3. By publishing a copy of the full cost information in a
977	newspaper of general circulation within the county. Such notice
978	shall be a display advertisement not less than one-quarter page
979	in size; or
980	4. By advertising a copy of the full cost information
981	daily for at least two consecutive weeks on a publicly
982	accessible website maintained by the municipality.
983	(c)(b) Counties and municipalities are encouraged to
984	operate their solid waste management systems through use of an
985	enterprise fund.
986	Section 25. This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.