Bill Text: FL S0292 | 2012 | Regular Session | Comm Sub
Bill Title: Legal Notices
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 937 -SJ 1236 [S0292 Detail]
Download: Florida-2012-S0292-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 292
By the Committees on Judiciary; and Community Affairs; and
Senator Bennett
590-03546-12 2012292c2
1 A bill to be entitled
2 An act relating to legal notices; creating s. 50.0211,
3 F.S.; requiring that, after a specified date, if a
4 legal notice is published in a newspaper, the
5 newspaper publishing the notice shall also place the
6 notice on a website maintained by the newspaper, at no
7 additional charge; providing requirements for size and
8 placement of such website publication; requiring free
9 access to such online publications; requiring that
10 legal notices published in newspapers also be
11 published on another specified website; requiring
12 that, after a specified date, newspapers that publish
13 legal notice must provide e-mail notification of new
14 legal notices; providing requirements for such notice;
15 providing that an error on a newspaper or statewide
16 website shall be considered a harmless error and legal
17 notice requirements shall be considered met if the
18 notice published in the newspaper is correct; amending
19 s. 50.041, F.S.; revising physical requirements for
20 proof of publication affidavits; authorizing
21 electronic affidavits that meet specified
22 requirements; amending s. 50.061, F.S.; limiting the
23 rate that may be charged for government notices
24 required to be published more than once in certain
25 circumstances; deleting provisions specifying rates
26 for legal notices based on county population;
27 specifying that if a public notice is published in a
28 newspaper, publication of a notice on a website
29 pursuant to specified provisions must be done at no
30 charge; amending ss. 125.66, 166.041, 190.005, and
31 200.065, F.S.; requiring that website publication of
32 certain legal notices include maps that appear in the
33 newspaper advertisements; amending s. 17.325, F.S.;
34 making it optional for the Chief Financial Officer to
35 advertise the availability of the governmental
36 efficiency hotline; amending s. 215.68, F.S.; deleting
37 specific criteria for publishing certain bond notices;
38 amending ss. 120.60 215.555, 253.52, 255.518, and
39 380.0668, F.S.; deleting requirements that certain
40 legal notices be published in Leon County; amending s.
41 455.275, F.S.; deleting a requirement that certain
42 notices concerning professional licensees who cannot
43 be personally served be published in Leon County;
44 requiring that plain notice to the licensee to be
45 posted on the front page of the Department of Business
46 and Professional Regulation’s website and provided to
47 certain news outlets; amending s. 473.3141, F.S.;
48 deleting a requirement that notices concerning
49 discipline of certain certified public accountants be
50 published in Leon County; amending s. 527.23, F.S.;
51 deleting requirements relating to the newspaper
52 publication of certain notices relating to marketing
53 orders for propane gas; providing for Internet
54 publication of such orders and for providing
55 information to certain news outlets; amending ss.
56 573.109 and 573.111, F.S.; deleting requirements
57 relating to the newspaper publication of certain
58 notices relating to agricultural marketing orders;
59 providing for Internet publication of such orders and
60 for providing information to certain news outlets;
61 amending s. 631.59, F.S.; deleting requirements for
62 the newspaper publication of certain notices
63 concerning insolvent insurers; providing for notice by
64 e-mail or telephone; providing for applicability;
65 providing effective dates.
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. Section 50.0211, Florida Statutes, is created to
70 read:
71 50.0211 Internet website publication.—
72 (1) This section applies to legal notices that must be
73 published in accordance with this chapter unless otherwise
74 specified.
75 (2) Each legal notice must be placed on the newspaper’s
76 website on the same day the notice appears in the newspaper, at
77 no additional charge. A link to legal notices shall be provided
78 on the front page of the newspaper’s website that provides
79 access to the legal notices without charge. If there is a
80 specified size and placement required for a printed legal
81 notice, the size and placement of the notice on the newspaper’s
82 website should optimize its online visibility in keeping with
83 the print requirements. The newspaper’s web pages that contain
84 legal notices shall present the legal notices as the dominant
85 subject matter of those pages. The newspaper’s website shall
86 contain a search function to facilitate searching the legal
87 notices. This subsection shall take effect July 1, 2013.
88 (3) If a legal notice is published in a newspaper, the
89 newspaper publishing the notice shall place the notice on the
90 website established and maintained as an initiative of the
91 Florida Press Association as a repository for such notices
92 located at the following address: www.floridapublicnotices.com.
93 (4) Newspapers that publish legal notices shall, upon
94 request, provide e-mail notification of new legal notices when
95 they are printed in the newspaper and added to the newspaper’s
96 website. Such e-mail notification shall be provided without
97 charge and notification for such an e-mail registry shall be
98 available on the front page of the legal notices section of the
99 newspaper’s website. This subsection shall take effect July 1,
100 2013.
101 (5) An error in the notice placed on the newspaper or
102 statewide website shall be considered a harmless error and
103 proper legal notice requirements shall be considered met if the
104 notice published in the newspaper is correct.
105 Section 2. Subsection (2) of section 50.041, Florida
106 Statutes, is amended to read:
107 50.041 Proof of publication; uniform affidavits required.—
108 (2) Each such affidavit shall be printed upon white bond
109 paper containing at least 25 percent rag material and shall be 8
110 1/2 inches in width and of convenient length, not less than 5
111 1/2 inches. A white margin of not less than 2 1/2 inches shall
112 be left at the right side of each affidavit form and upon or in
113 this space shall be substantially pasted a clipping which shall
114 be a true copy of the public notice or legal advertisement for
115 which proof is executed. Alternatively, the affidavit may be
116 provided in electronic rather than paper form, provided the
117 notarization of the affidavit complies with the requirements of
118 s. 117.021.
119 Section 3. Section 50.061, Florida Statutes, is amended to
120 read:
121 50.061 Amounts chargeable.—
122 (1) The publisher of any newspaper publishing any and all
123 official public notices or legal advertisements shall charge
124 therefor the rates specified in this section without rebate,
125 commission or refund.
126 (2) The charge for publishing each such official public
127 notice or legal advertisement shall be 70 cents per square inch
128 for the first insertion and 40 cents per square inch for each
129 subsequent insertion, except that government notices required to
130 be published more than once whose cost is paid for by the
131 government and not paid in advance by or allowed to be recouped
132 from private parties may not be charged for the second and
133 successive insertions at a rate greater than 85 percent of the
134 original rate.:
135 (a) In all counties having a population of more than
136 304,000 according to the latest official decennial census, the
137 charge for publishing each such official public notice or legal
138 advertisement shall be 80 cents per square inch for the first
139 insertion and 60 cents per square inch for each subsequent
140 insertion.
141 (b) In all counties having a population of more than
142 450,000 according to the latest official decennial census, the
143 charge for publishing each such official public notice or legal
144 advertisement shall be 95 cents per square inch for the first
145 insertion and 75 cents per square inch for each subsequent
146 insertion.
147 (3) Where the regular established minimum commercial rate
148 per square inch of the newspaper publishing such official public
149 notices or legal advertisements is in excess of the rate herein
150 stipulated, said minimum commercial rate per square inch may be
151 charged for all such legal advertisements or official public
152 notices for each insertion, except that government notices
153 required to be published more than once whose cost is paid for
154 by the government and not paid in advance by or allowed to be
155 recouped from private parties may not be charged for the second
156 and successive insertions at a rate greater than 85 percent of
157 the original rate.
158 (4) A governmental agency publishing an official public
159 notice or legal advertisement may procure publication by
160 soliciting and accepting written bids from newspapers published
161 in the county, in which case the specified charges in this
162 section do not apply.
163 (5) If the public notice is published in a newspaper, the
164 posting of the notice on the newspaper’s website pursuant to s.
165 50.0211(2) must be done at no additional charge.
166 (6)(4) All official public notices and legal advertisements
167 shall be charged and paid for on the basis of 6-point type on 6
168 point body, unless otherwise specified by statute.
169 (7)(5) Any person violating a provision of this section,
170 either by allowing or accepting any rebate, commission, or
171 refund, commits a misdemeanor of the second degree, punishable
172 as provided in s. 775.082 or s. 775.083.
173 (8)(6) Failure to charge the rates prescribed by this
174 section shall in no way affect the validity of any official
175 public notice or legal advertisement and shall not subject same
176 to legal attack upon such grounds.
177 Section 4. Paragraph (b) of subsection (4) of section
178 125.66, Florida Statutes, is amended to read:
179 125.66 Ordinances; enactment procedure; emergency
180 ordinances; rezoning or change of land use ordinances or
181 resolutions.—
182 (4) Ordinances or resolutions, initiated by other than the
183 county, that change the actual zoning map designation of a
184 parcel or parcels of land shall be enacted pursuant to
185 subsection (2). Ordinances or resolutions that change the actual
186 list of permitted, conditional, or prohibited uses within a
187 zoning category, or ordinances or resolutions initiated by the
188 county that change the actual zoning map designation of a parcel
189 or parcels of land shall be enacted pursuant to the following
190 procedure:
191 (b) In cases in which the proposed ordinance or resolution
192 changes the actual list of permitted, conditional, or prohibited
193 uses within a zoning category, or changes the actual zoning map
194 designation of a parcel or parcels of land involving 10
195 contiguous acres or more, the board of county commissioners
196 shall provide for public notice and hearings as follows:
197 1. The board of county commissioners shall hold two
198 advertised public hearings on the proposed ordinance or
199 resolution. At least one hearing shall be held after 5 p.m. on a
200 weekday, unless the board of county commissioners, by a majority
201 plus one vote, elects to conduct that hearing at another time of
202 day. The first public hearing shall be held at least 7 days
203 after the day that the first advertisement is published. The
204 second hearing shall be held at least 10 days after the first
205 hearing and shall be advertised at least 5 days prior to the
206 public hearing.
207 2. The required advertisements shall be no less than 2
208 columns wide by 10 inches long in a standard size or a tabloid
209 size newspaper, and the headline in the advertisement shall be
210 in a type no smaller than 18 point. The advertisement shall not
211 be placed in that portion of the newspaper where legal notices
212 and classified advertisements appear. The advertisement shall be
213 placed in a newspaper of general paid circulation in the county
214 and of general interest and readership in the community pursuant
215 to chapter 50, not one of limited subject matter. It is the
216 legislative intent that, whenever possible, the advertisement
217 shall appear in a newspaper that is published at least 5 days a
218 week unless the only newspaper in the community is published
219 less than 5 days a week. The advertisement shall be in
220 substantially the following form:
221
222 NOTICE OF (TYPE OF) CHANGE
223
224 The ...(name of local governmental unit)... proposes to
225 adopt the following by ordinance or resolution:...(title of
226 ordinance or resolution)....
227
228 A public hearing on the ordinance or resolution will be
229 held on ...(date and time)... at ...(meeting place).....
230
231 Except for amendments which change the actual list of permitted,
232 conditional, or prohibited uses within a zoning category, the
233 advertisement shall contain a geographic location map which
234 clearly indicates the area within the local government covered
235 by the proposed ordinance or resolution. The map shall include
236 major street names as a means of identification of the general
237 area. In addition to being published in the newspaper, the map
238 must be part of the online notice required pursuant to s.
239 50.0211.
240 3. In lieu of publishing the advertisements set out in this
241 paragraph, the board of county commissioners may mail a notice
242 to each person owning real property within the area covered by
243 the ordinance or resolution. Such notice shall clearly explain
244 the proposed ordinance or resolution and shall notify the person
245 of the time, place, and location of both public hearings on the
246 proposed ordinance or resolution.
247 Section 5. Paragraph (c) of subsection (3) of section
248 166.041, Florida Statutes, is amended to read:
249 166.041 Procedures for adoption of ordinances and
250 resolutions.—
251 (3)
252 (c) Ordinances initiated by other than the municipality
253 that change the actual zoning map designation of a parcel or
254 parcels of land shall be enacted pursuant to paragraph (a).
255 Ordinances that change the actual list of permitted,
256 conditional, or prohibited uses within a zoning category, or
257 ordinances initiated by the municipality that change the actual
258 zoning map designation of a parcel or parcels of land shall be
259 enacted pursuant to the following procedure:
260 1. In cases in which the proposed ordinance changes the
261 actual zoning map designation for a parcel or parcels of land
262 involving less than 10 contiguous acres, the governing body
263 shall direct the clerk of the governing body to notify by mail
264 each real property owner whose land the municipality will
265 redesignate by enactment of the ordinance and whose address is
266 known by reference to the latest ad valorem tax records. The
267 notice shall state the substance of the proposed ordinance as it
268 affects that property owner and shall set a time and place for
269 one or more public hearings on such ordinance. Such notice shall
270 be given at least 30 days prior to the date set for the public
271 hearing, and a copy of the notice shall be kept available for
272 public inspection during the regular business hours of the
273 office of the clerk of the governing body. The governing body
274 shall hold a public hearing on the proposed ordinance and may,
275 upon the conclusion of the hearing, immediately adopt the
276 ordinance.
277 2. In cases in which the proposed ordinance changes the
278 actual list of permitted, conditional, or prohibited uses within
279 a zoning category, or changes the actual zoning map designation
280 of a parcel or parcels of land involving 10 contiguous acres or
281 more, the governing body shall provide for public notice and
282 hearings as follows:
283 a. The local governing body shall hold two advertised
284 public hearings on the proposed ordinance. At least one hearing
285 shall be held after 5 p.m. on a weekday, unless the local
286 governing body, by a majority plus one vote, elects to conduct
287 that hearing at another time of day. The first public hearing
288 shall be held at least 7 days after the day that the first
289 advertisement is published. The second hearing shall be held at
290 least 10 days after the first hearing and shall be advertised at
291 least 5 days prior to the public hearing.
292 b. The required advertisements shall be no less than 2
293 columns wide by 10 inches long in a standard size or a tabloid
294 size newspaper, and the headline in the advertisement shall be
295 in a type no smaller than 18 point. The advertisement shall not
296 be placed in that portion of the newspaper where legal notices
297 and classified advertisements appear. The advertisement shall be
298 placed in a newspaper of general paid circulation in the
299 municipality and of general interest and readership in the
300 municipality, not one of limited subject matter, pursuant to
301 chapter 50. It is the legislative intent that, whenever
302 possible, the advertisement appear in a newspaper that is
303 published at least 5 days a week unless the only newspaper in
304 the municipality is published less than 5 days a week. The
305 advertisement shall be in substantially the following form:
306
307 NOTICE OF (TYPE OF) CHANGE
308
309 The ...(name of local governmental unit)... proposes to
310 adopt the following ordinance:...(title of the ordinance)....
311
312 A public hearing on the ordinance will be held on ....(date
313 and time).... at ...(meeting place)....
314
315 Except for amendments which change the actual list of permitted,
316 conditional, or prohibited uses within a zoning category, the
317 advertisement shall contain a geographic location map which
318 clearly indicates the area covered by the proposed ordinance.
319 The map shall include major street names as a means of
320 identification of the general area. In addition to being
321 published in the newspaper, the map must be part of the online
322 notice required pursuant to s. 50.0211.
323 c. In lieu of publishing the advertisement set out in this
324 paragraph, the municipality may mail a notice to each person
325 owning real property within the area covered by the ordinance.
326 Such notice shall clearly explain the proposed ordinance and
327 shall notify the person of the time, place, and location of any
328 public hearing on the proposed ordinance.
329 Section 6. Paragraph (d) of subsection (1) of section
330 190.005, Florida Statutes, is amended to read:
331 190.005 Establishment of district.—
332 (1) The exclusive and uniform method for the establishment
333 of a community development district with a size of 1,000 acres
334 or more shall be pursuant to a rule, adopted under chapter 120
335 by the Florida Land and Water Adjudicatory Commission, granting
336 a petition for the establishment of a community development
337 district.
338 (d) A local public hearing on the petition shall be
339 conducted by a hearing officer in conformance with the
340 applicable requirements and procedures of the Administrative
341 Procedure Act. The hearing shall include oral and written
342 comments on the petition pertinent to the factors specified in
343 paragraph (e). The hearing shall be held at an accessible
344 location in the county in which the community development
345 district is to be located. The petitioner shall cause a notice
346 of the hearing to be published in a newspaper at least once a
347 week for the 4 successive weeks immediately prior to the
348 hearing. Such notice shall give the time and place for the
349 hearing, a description of the area to be included in the
350 district, which description shall include a map showing clearly
351 the area to be covered by the district, and any other relevant
352 information which the establishing governing bodies may require.
353 The advertisement shall not be placed in that portion of the
354 newspaper where legal notices and classified advertisements
355 appear. The advertisement shall be published in a newspaper of
356 general paid circulation in the county and of general interest
357 and readership in the community, not one of limited subject
358 matter, pursuant to chapter 50. Whenever possible, the
359 advertisement shall appear in a newspaper that is published at
360 least 5 days a week, unless the only newspaper in the community
361 is published fewer than 5 days a week. In addition to being
362 published in the newspaper, the map referenced above must be
363 part of the online advertisement required pursuant to s.
364 50.0211. All affected units of general-purpose local government
365 and the general public shall be given an opportunity to appear
366 at the hearing and present oral or written comments on the
367 petition.
368 Section 7. Paragraph (h) of subsection (3) of section
369 200.065, Florida Statutes, is amended to read:
370 200.065 Method of fixing millage.—
371 (3) The advertisement shall be no less than one-quarter
372 page in size of a standard size or a tabloid size newspaper, and
373 the headline in the advertisement shall be in a type no smaller
374 than 18 point. The advertisement shall not be placed in that
375 portion of the newspaper where legal notices and classified
376 advertisements appear. The advertisement shall be published in a
377 newspaper of general paid circulation in the county or in a
378 geographically limited insert of such newspaper. The geographic
379 boundaries in which such insert is circulated shall include the
380 geographic boundaries of the taxing authority. It is the
381 legislative intent that, whenever possible, the advertisement
382 appear in a newspaper that is published at least 5 days a week
383 unless the only newspaper in the county is published less than 5
384 days a week, or that the advertisement appear in a
385 geographically limited insert of such newspaper which insert is
386 published throughout the taxing authority’s jurisdiction at
387 least twice each week. It is further the legislative intent that
388 the newspaper selected be one of general interest and readership
389 in the community and not one of limited subject matter, pursuant
390 to chapter 50.
391 (h) In no event shall any taxing authority add to or delete
392 from the language of the advertisements as specified herein
393 unless expressly authorized by law, except that, if an increase
394 in ad valorem tax rates will affect only a portion of the
395 jurisdiction of a taxing authority, advertisements may include a
396 map or geographical description of the area to be affected and
397 the proposed use of the tax revenues under consideration. In
398 addition, if published in the newspaper, the map must be part of
399 the online advertisement required by s. 50.0211. The
400 advertisements required herein shall not be accompanied,
401 preceded, or followed by other advertising or notices which
402 conflict with or modify the substantive content prescribed
403 herein.
404 Section 8. Subsection (2) of section 17.325, Florida
405 Statutes, is amended to read:
406 17.325 Governmental efficiency hotline; duties of Chief
407 Financial Officer.—
408 (2) The Chief Financial Officer shall operate the hotline
409 24 hours a day. The Chief Financial Officer may shall advertise
410 the availability of the hotline in newspapers of general
411 circulation in this state and shall provide for the posting of
412 notices in conspicuous places in state agency offices, city
413 halls, county courthouses, and places in which there is exposure
414 to significant numbers of the general public, including, but not
415 limited to, local convenience stores, shopping malls, shopping
416 centers, gasoline stations, or restaurants. The Chief Financial
417 Officer shall use the slogan “Tell us where we can ‘Get Lean’”
418 for the hotline and in advertisements for the hotline.
419 Section 9. Paragraph (b) of subsection (5) of section
420 215.68, Florida Statutes, is amended to read:
421 215.68 Issuance of bonds; form; maturity date, execution,
422 sale.—
423 (5)
424 (b) All of such bonds shall be sold at public sale at such
425 place or places within the state as the board shall determine to
426 receive proposals for the purchase of such bonds. Notice of such
427 sale shall be provided at such time published at least once at
428 least 10 days prior to the date of sale in one or more
429 newspapers or financial journals published within or without the
430 state and shall contain such terms as the board shall deem
431 advisable and proper under the circumstances; provided, that if
432 no bids are received at the time and place called for by such
433 notice of sale, or if all bids received are rejected, such bonds
434 may again be offered for public sale by competitive bid or
435 negotiated sale, as provided herein, upon a shorter period of
436 reasonable notice provided for by resolution of the board.
437 However, unless the State Constitution specifically requires the
438 public sale by competitive bid of such bonds, the division may,
439 by resolution adopted at a public meeting, determine that a
440 negotiated sale of such bonds is in the best interest of the
441 issuer, and may negotiate for sale of such bonds to any
442 underwriter designated by the division.
443 1. In the resolution authorizing the negotiated sale, the
444 division shall provide specific findings as to the reasons
445 requiring the negotiated sale.
446 2. A resolution authorizing a negotiated bond sale may be
447 the same resolution as that authorizing the issuance of such
448 bonds.
449 Section 10. Subsection (5) of section 120.60, Florida
450 Statutes, is amended to read:
451 120.60 Licensing.—
452 (5) No revocation, suspension, annulment, or withdrawal of
453 any license is lawful unless, prior to the entry of a final
454 order, the agency has served, by personal service or certified
455 mail, an administrative complaint which affords reasonable
456 notice to the licensee of facts or conduct which warrant the
457 intended action and unless the licensee has been given an
458 adequate opportunity to request a proceeding pursuant to ss.
459 120.569 and 120.57. When personal service cannot be made and the
460 certified mail notice is returned undelivered, the agency shall
461 cause a short, plain notice to the licensee to be published once
462 each week for 4 consecutive weeks in a newspaper published in
463 the county of the licensee’s last known address as it appears on
464 the records of the agency. If no newspaper is published in that
465 county, the notice may be published in a newspaper of general
466 circulation in that county. If the address is in some state
467 other than this state or in a foreign territory or country, the
468 notice may be published in Leon County.
469 Section 11. Paragraph (d) of subsection (6) of section
470 215.555, Florida Statutes, is amended to read:
471 215.555 Florida Hurricane Catastrophe Fund.—
472 (6) REVENUE BONDS.—
473 (d) Florida Hurricane Catastrophe Fund Finance
474 Corporation.—
475 1. In addition to the findings and declarations in
476 subsection (1), the Legislature also finds and declares that:
477 a. The public benefits corporation created under this
478 paragraph will provide a mechanism necessary for the cost
479 effective and efficient issuance of bonds. This mechanism will
480 eliminate unnecessary costs in the bond issuance process,
481 thereby increasing the amounts available to pay reimbursement
482 for losses to property sustained as a result of hurricane
483 damage.
484 b. The purpose of such bonds is to fund reimbursements
485 through the Florida Hurricane Catastrophe Fund to pay for the
486 costs of construction, reconstruction, repair, restoration, and
487 other costs associated with damage to properties of
488 policyholders of covered policies due to the occurrence of a
489 hurricane.
490 c. The efficacy of the financing mechanism will be enhanced
491 by the corporation’s ownership of the assessments, by the
492 insulation of the assessments from possible bankruptcy
493 proceedings, and by covenants of the state with the
494 corporation’s bondholders.
495 2.a. There is created a public benefits corporation, which
496 is an instrumentality of the state, to be known as the Florida
497 Hurricane Catastrophe Fund Finance Corporation.
498 b. The corporation shall operate under a five-member board
499 of directors consisting of the Governor or a designee, the Chief
500 Financial Officer or a designee, the Attorney General or a
501 designee, the director of the Division of Bond Finance of the
502 State Board of Administration, and the senior employee of the
503 State Board of Administration responsible for operations of the
504 Florida Hurricane Catastrophe Fund.
505 c. The corporation has all of the powers of corporations
506 under chapter 607 and under chapter 617, subject only to the
507 provisions of this subsection.
508 d. The corporation may issue bonds and engage in such other
509 financial transactions as are necessary to provide sufficient
510 funds to achieve the purposes of this section.
511 e. The corporation may invest in any of the investments
512 authorized under s. 215.47.
513 f. There shall be no liability on the part of, and no cause
514 of action shall arise against, any board members or employees of
515 the corporation for any actions taken by them in the performance
516 of their duties under this paragraph.
517 3.a. In actions under chapter 75 to validate any bonds
518 issued by the corporation, the notice required by s. 75.06 shall
519 be published only in Leon County and in two newspapers of
520 general circulation in the state, and the complaint and order of
521 the court shall be served only on the State Attorney of the
522 Second Judicial Circuit.
523 b. The state hereby covenants with holders of bonds of the
524 corporation that the state will not repeal or abrogate the power
525 of the board to direct the Office of Insurance Regulation to
526 levy the assessments and to collect the proceeds of the revenues
527 pledged to the payment of such bonds as long as any such bonds
528 remain outstanding unless adequate provision has been made for
529 the payment of such bonds pursuant to the documents authorizing
530 the issuance of such bonds.
531 4. The bonds of the corporation are not a debt of the state
532 or of any political subdivision, and neither the state nor any
533 political subdivision is liable on such bonds. The corporation
534 does not have the power to pledge the credit, the revenues, or
535 the taxing power of the state or of any political subdivision.
536 The credit, revenues, or taxing power of the state or of any
537 political subdivision shall not be deemed to be pledged to the
538 payment of any bonds of the corporation.
539 5.a. The property, revenues, and other assets of the
540 corporation; the transactions and operations of the corporation
541 and the income from such transactions and operations; and all
542 bonds issued under this paragraph and interest on such bonds are
543 exempt from taxation by the state and any political subdivision,
544 including the intangibles tax under chapter 199 and the income
545 tax under chapter 220. This exemption does not apply to any tax
546 imposed by chapter 220 on interest, income, or profits on debt
547 obligations owned by corporations other than the Florida
548 Hurricane Catastrophe Fund Finance Corporation.
549 b. All bonds of the corporation shall be and constitute
550 legal investments without limitation for all public bodies of
551 this state; for all banks, trust companies, savings banks,
552 savings associations, savings and loan associations, and
553 investment companies; for all administrators, executors,
554 trustees, and other fiduciaries; for all insurance companies and
555 associations and other persons carrying on an insurance
556 business; and for all other persons who are now or may hereafter
557 be authorized to invest in bonds or other obligations of the
558 state and shall be and constitute eligible securities to be
559 deposited as collateral for the security of any state, county,
560 municipal, or other public funds. This sub-subparagraph shall be
561 considered as additional and supplemental authority and shall
562 not be limited without specific reference to this sub
563 subparagraph.
564 6. The corporation and its corporate existence shall
565 continue until terminated by law; however, no such law shall
566 take effect as long as the corporation has bonds outstanding
567 unless adequate provision has been made for the payment of such
568 bonds pursuant to the documents authorizing the issuance of such
569 bonds. Upon termination of the existence of the corporation, all
570 of its rights and properties in excess of its obligations shall
571 pass to and be vested in the state.
572 Section 12. Section 253.52, Florida Statutes, is amended to
573 read:
574 253.52 Placing oil and gas leases on market by board.
575 Whenever in the opinion of the Board of Trustees of the Internal
576 Improvement Trust Fund there shall be a demand for the purchase
577 of oil and gas leases on any area, tract, or parcel of the land
578 so owned, controlled, or managed, by any state board,
579 department, or agency, then the board shall place such oil and
580 gas lease or leases on the market in such blocks, tracts, or
581 parcels as it may designate. The lease or leases shall only be
582 made after notice by publication thereof has been made not less
583 than once a week for 4 consecutive weeks in a newspaper of
584 general circulation published in Leon County, and in a similar
585 newspaper for a similar period of time published in the vicinity
586 of the lands offered to be leased, the last publication in both
587 newspapers to be not less than 5 days in advance of the sale
588 date. Such notice shall be to the effect that a lease or leases
589 will be offered for sale at such date and time as may be named
590 in said notice and shall describe the land upon which such
591 lease, or leases, will be offered. This notice may be combined
592 with the notice required pursuant to s. 253.115. Before any
593 lease of any block, tract, or parcel of land, submerged, or
594 unsubmerged, within a radius of 3 miles of the boundaries of any
595 incorporated city, or town, or within such radius of any bathing
596 beach, or beaches, outside thereof, such board, department, or
597 agency, shall through one or more of its members hold a public
598 hearing, after notice thereof by publication once in a newspaper
599 of general circulation published at least 1 week prior to said
600 hearing in the vicinity of the land, or lands, offered to be
601 leased, of the offer to lease the same, calling upon all
602 interested persons to attend said hearing where they would be
603 given the opportunity to be heard, all of which shall be
604 considered by the board prior to the execution of any lease or
605 leases to said land, and the board may withdraw said land, or
606 any part thereof, from the market, and refuse to execute such
607 lease or leases if after such hearing, or otherwise, it
608 considers such execution contrary to the public welfare. Before
609 advertising any land for lease the form of the lease or leases
610 to be offered for sale, not inconsistent with law, or the
611 provisions of this section, shall be prescribed by the board and
612 a copy, or copies, thereof, shall be available to the general
613 public at the office of the Board of Trustees of the Internal
614 Improvement Trust Fund and the advertisements of such sale shall
615 so state.
616 Section 13. Paragraph (b) of subsection (4) of section
617 255.518, Florida Statutes, is amended to read:
618 255.518 Obligations; purpose, terms, approval,
619 limitations.—
620 (4)
621 (b) In actions to validate such obligations pursuant to
622 chapter 75, the complaint shall be filed in the Circuit Court of
623 Leon County, the notice required by s. 75.06, shall be published
624 only in Leon County and in two newspapers of general circulation
625 in the state, and the complaint and order of the court shall be
626 served only on the state attorney of the Second Judicial
627 Circuit.
628 Section 14. Paragraph (b) of subsection (4) of section
629 380.0668, Florida Statutes, is amended to read:
630 380.0668 Bonds; purpose, terms, approval, limitations.—
631 (4)
632 (b) In actions to validate such bonds pursuant to chapter
633 75, the complaint shall be filed in the Circuit Court of Leon
634 County, the notice required by s. 75.06 shall be published in
635 newspapers of general circulation in Leon County and the county
636 in which the area or areas of critical state concern involved
637 are located, and the complaint and order of the court shall be
638 served on the state attorney of the Second Judicial Circuit and
639 the circuit in which the area or areas of critical state concern
640 involved are located.
641 Section 15. Paragraph (b) of subsection (3) of section
642 455.275, Florida Statutes, is amended to read:
643 455.275 Address of record.—
644 (3)
645 (b) If service, as provided in paragraph (a), does not
646 provide the department with proof of service, the department
647 shall call the last known telephone number of record and cause a
648 short, plain notice to the licensee to be posted on the front
649 page of the department’s website and shall send notice via e
650 mail to all newspapers of general circulation and all news
651 departments of broadcast network affiliates in the county of the
652 licensee’s last known address of record published once each week
653 for 4 consecutive weeks in a newspaper published in the county
654 of the licensee’s last known address of record. If a newspaper
655 is not published in the county, the administrative complaint may
656 be published in a newspaper of general circulation in the
657 county. If the licensee’s last known address is located in
658 another state or in a foreign jurisdiction, the administrative
659 complaint may be published in Leon County pursuant to s.
660 120.60(5).
661 Section 16. Subsection (5) of section 473.3141, Florida
662 Statutes, is amended to read:
663 473.3141 Certified public accountants licensed in other
664 states.—
665 (5) Disciplinary action against an individual or firm that
666 practices pursuant to this section is not valid unless, prior to
667 the entry of a final order, the agency has served, by personal
668 service pursuant to this chapter or chapter 48 or by certified
669 mail, an administrative complaint that provides reasonable
670 notice to the individual or firm of facts or conduct that
671 warrants the intended action and unless the individual or firm
672 has been given an adequate opportunity to request a proceeding
673 pursuant to ss. 120.569 and 120.57. When personal service cannot
674 be made and the certified mail notice is returned undelivered,
675 the agency shall have a short, plain notice to the individual or
676 firm with practice privileges published once a week for 4
677 consecutive weeks in a newspaper published in Leon County,
678 Florida. The newspaper shall meet the requirements prescribed by
679 law for such purposes.
680 Section 17. Paragraph (b) of subsection (5) of section
681 527.23, Florida Statutes, is amended to read:
682 527.23 Marketing orders; referendum requirements;
683 assessments.—
684 (5)
685 (b) It is the duty of the producers or dealers of propane
686 gas who vote in each referendum to send their marked ballots to
687 the department, which shall have the ballots counted by
688 qualified and impartial personnel in its office, and the
689 department shall, within 10 days after the closing date for
690 submitting ballots in any referendum, certify in writing and
691 publish the results of such referendum on the front page of
692 their website and shall send notice via e-mail to all
693 publications of general circulation and all news departments of
694 broadcast network affiliates located within the state in a
695 newspaper of general circulation in the state and in such other
696 newspapers as the department prescribes.
697 Section 18. Subsection (2) of section 573.109, Florida
698 Statutes, is amended to read:
699 573.109 Procedure for referendum.—
700 (2) It shall be the duty of the producers or handlers
701 affected who vote in each referendum to send their marked
702 ballots to the department, which shall have the ballots counted
703 by qualified and impartial personnel in its office, and the
704 department shall, within 10 days after the closing date for
705 submitting ballots in any referendum, certify in writing and
706 publish the results of such referendum on the front page of
707 their website and shall send notice via e-mail to all
708 publications of general circulation and all news departments of
709 broadcast network affiliates located within the state in a
710 newspaper of general circulation in the state and in such other
711 newspapers as the department may prescribe.
712 Section 19. Section 573.111, Florida Statutes, is amended
713 to read:
714 573.111 Notice of effective date of marketing order.—Before
715 the issuance of any marketing order, or any suspension,
716 amendment, or termination thereof, a notice shall be posted on a
717 public bulletin board to be maintained by the department in the
718 Division of Marketing and Development of the department in the
719 Nathan Mayo Building, Tallahassee, Leon County, and a copy of
720 the notice shall be posted on the department website published
721 in a newspaper of general circulation in the state and in such
722 other newspaper or newspapers as the department may prescribe.
723 The notices published in the newspaper or newspapers shall be
724 sent by first-class mail, by the department to those newspapers
725 designated by it, the same date that the notice is posted on the
726 bulletin board with instructions to publish the same as a legal
727 advertisement the first date after receipt of the notice as such
728 newspaper’s policy for publishing legal advertisements provides.
729 No marketing order, or any suspension, amendment, or termination
730 thereof, shall become effective until the termination of a
731 period of 5 days from the date of posting and publication.
732 Section 20. Subsection (2) of section 631.59, Florida
733 Statutes, is amended to read:
734 631.59 Duties and powers of department and office.—
735 (2) The department may require that the association notify
736 the insureds of the insolvent insurer and any other interested
737 parties of the determination of insolvency and of their rights
738 under this part. Such notification shall be by mail at their
739 last known addresses, when available, but if sufficient
740 information for notification by mail is not available, notice by
741 e-mail or telephone publication in a newspaper of general
742 circulation shall be sufficient.
743 Section 21. Except as otherwise expressly provided in this
744 act, this act shall take effect July 1, 2012, and shall apply to
745 legal notices that must be published on or after that date.
