Bill Text: FL S1676 | 2019 | Regular Session | Introduced
Bill Title: Legal Notices
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Judiciary [S1676 Detail]
Download: Florida-2019-S1676-Introduced.html
Florida Senate - 2019 SB 1676
By Senator Baxley
12-01564-19 20191676__
1 A bill to be entitled
2 An act relating to legal notices; amending s. 50.011,
3 F.S.; deleting provisions relating to publication of
4 legal notices in newspapers; repealing s. 50.021,
5 F.S., relating to advertisements when no newspaper is
6 published in a county; repealing s. 50.0211, F.S.,
7 relating to Internet website publication of legal
8 notices by newspapers; repealing s. 50.031, F.S.,
9 relating to newspapers in which legal notices and
10 process may be published; creating s. 50.0311, F.S.;
11 defining the term “publicly accessible website”;
12 authorizing government agencies to publish legal
13 notices on their websites; requiring government
14 agencies to provide specified notice to residents
15 concerning alternative methods of receiving legal
16 notices; requiring government agencies to provide
17 specified alternative means of receiving legal
18 notices; authorizing counties to publish such notices
19 on governmental access channels; amending s. 50.041,
20 F.S.; deleting provisions relating to publication of
21 legal notices in newspapers; amending s. 50.051, F.S.;
22 deleting references to publication of legal notices in
23 newspapers; revising a form for affidavits of
24 publication; repealing s. 50.061, F.S., relating to
25 amounts chargeable for publication of legal notices;
26 amending s. 50.0711, F.S.; revising provisions
27 relating to the use of court docket funds; amending
28 ss. 11.02, 45.031, 69.081, 121.0511, 121.055, 125.66,
29 162.12, 166.041, 189.015, 190.005, 194.037, 197.402,
30 200.065, 316.066, 338.223, 373.0397, 373.146, 403.722,
31 501.059, 712.06, 849.38, 865.09, and 932.704, F.S.;
32 conforming provisions to changes made by the act;
33 providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 50.011, Florida Statutes, is amended to
38 read:
39 50.011 Publication of Where and in what language legal
40 notices; method to be published.—Whenever by statute an official
41 or legal advertisement or a publication, or notice in a
42 newspaper has been or is directed or permitted in the nature of
43 or in lieu of process, or for constructive service, or in
44 initiating, assuming, reviewing, exercising or enforcing
45 jurisdiction or power, or for any purpose, including all legal
46 notices and advertisements of sheriffs and tax collectors, the
47 contemporaneous and continuous intent and meaning of such
48 legislation all and singular, existing or repealed, is and has
49 been and is hereby declared to be and to have been, and the rule
50 of interpretation is and has been, a publication as provided in
51 s. 50.0311 in a newspaper printed and published periodically
52 once a week or oftener, containing at least 25 percent of its
53 words in the English language, entered or qualified to be
54 admitted and entered as periodicals matter at a post office in
55 the county where published, for sale to the public generally,
56 available to the public generally for the publication of
57 official or other notices and customarily containing information
58 of a public character or of interest or of value to the
59 residents or owners of property in the county where published,
60 or of interest or of value to the general public.
61 Section 2. Section 50.021, Florida Statutes, is repealed.
62 Section 3. Section 50.0211, Florida Statutes, is repealed.
63 Section 4. Section 50.031, Florida Statutes, is repealed.
64 Section 5. Section 50.0311, Florida Statutes, is created to
65 read:
66 50.0311 Publication of advertisements and public notices on
67 a publicly accessible website and governmental access channels.—
68 (1) For purposes of notices and advertisements required
69 under s. 50.11, the term “publicly accessible website” means a
70 state or local government agency’s official website or a private
71 website that is accessible via the Internet. Notices published
72 on websites must be in a searchable form.
73 (2) A government agency may use its website to publish
74 legally required advertisements and public notices.
75 (3) A government agency shall provide notice to its
76 residents at least once per year in a newspaper of general
77 circulation, a newsletter or periodical, or another publication
78 that is mailed or delivered to all residents or property owners
79 throughout such government agency’s jurisdiction, indicating
80 that residents may receive legally required advertisements and
81 public notices from the agency by first-class mail or e-mail
82 upon registering their name and address or e-mail address with
83 the agency. The government agency shall maintain a registry of
84 names, addresses, and e-mail addresses of residents who request
85 in writing to receive legally required advertisements and public
86 notices from the agency by first-class mail or e-mail.
87 (4) A link to advertisements and public notices published
88 on a publicly accessible website shall be conspicuously placed
89 on the website’s homepage or be accessible through a direct link
90 from the homepage. Each advertisement shall indicate the date on
91 which the advertisement was first published on the publicly
92 accessible website. Notices published on websites must be in a
93 searchable form.
94 (5) A county government that has a governmental access
95 channel authorized under s. 610.109 may also include on its
96 governmental access channel a summary of all advertisements and
97 public notices published on its website.
98 Section 6. Section 50.041, Florida Statutes, is amended to
99 read:
100 50.041 Proof of publication; uniform affidavits required.—
101 (1) All affidavits of publishers of newspapers (or their
102 official representatives) made for the purpose of establishing
103 proof of publication of public notices or legal advertisements
104 shall be uniform throughout the state.
105 (2) Each such affidavit shall be printed upon white paper
106 and shall be 8 1/2 inches in width and of convenient length, not
107 less than 5 1/2 inches. A white margin of not less than 2 1/2
108 inches shall be left at the right side of each affidavit form
109 and upon or in this space shall be substantially pasted a
110 clipping which shall be a true copy of the public notice or
111 legal advertisement for which proof is executed. Alternatively,
112 the affidavit may be provided in electronic rather than paper
113 form, provided the notarization of the affidavit complies with
114 the requirements of s. 117.021.
115 (3) In all counties having a population in excess of
116 450,000 according to the latest official decennial census, in
117 addition to the charges which are now or may hereafter be
118 established by law for the publication of every official notice
119 or legal advertisement, There may be a charge not to exceed $2
120 levied for the preparation and execution of each such proof of
121 publication or publisher’s affidavit.
122 Section 7. Section 50.051, Florida Statutes, is amended to
123 read:
124 50.051 Proof of publication; form of uniform affidavit.—The
125 printed form upon which all such affidavits establishing proof
126 of publication are to be executed shall be substantially as
127 follows:
128
129 NAME OF COUNTY NEWSPAPER
130
131 Published (Weekly or Daily)
132
133 (Town or City) (County) FLORIDA
134
135 STATE OF FLORIDA
136
137 COUNTY OF ....:
138 Before the undersigned authority personally appeared ....,
139 who on oath says that he or she is .... of the ...., a ....
140 newspaper published at .... in .... County, Florida; that the
141 attached copy of advertisement, being a .... in the matter of
142 .... in the .... Court, was published on a website publishing
143 such notices for that county on in said newspaper in the issues
144 of .....
145 Affiant further says that the said .... is a newspaper
146 published at ...., in said .... County, Florida, and that the
147 said newspaper has heretofore been continuously published in
148 said .... County, Florida, each .... and has been entered as
149 periodicals matter at the post office in ...., in said ....
150 County, Florida, for a period of 1 year next preceding the first
151 publication of the attached copy of advertisement; and affiant
152 further says that he or she has neither paid nor promised any
153 person, firm or corporation any discount, rebate, commission or
154 refund for the purpose of securing this advertisement for
155 publication in the said newspaper.
156
157 Sworn to and subscribed before me this .... day of ....,
158 ...(year)..., by ...., who is personally known to me or who has
159 produced (type of identification) as identification.
160
161 ...(Signature of Notary Public)...
162
163 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
164
165 ...(Notary Public)...
166 Section 8. Section 50.061, Florida Statutes, is repealed.
167 Section 9. Section 50.0711, Florida Statutes, is amended to
168 read:
169 50.0711 Court docket fund; service charges; publications.—
170 (1) The clerk of the court in each county may establish a
171 court docket fund for the purpose of paying the cost of
172 publication of the fact of the filing of any civil case in the
173 circuit court of the county by the style and of the calendar
174 relating to such cases. This court docket fund shall be funded
175 by $1 mandatory court cost for all civil actions, suits, or
176 proceedings filed in the circuit court of the county. The clerk
177 shall maintain such funds separate and apart, and the proceeds
178 from this court cost shall not be diverted to any other fund or
179 for any purpose other than that established in this section. The
180 clerk of the court shall dispense the fund to the designated
181 record newspaper in the county on a quarterly basis.
182 (2) A newspaper qualified under the terms of s. 50.011
183 shall be designated as the record newspaper for such publication
184 by an order of the majority of the judges in the judicial
185 circuit in which such county is located, and such order shall be
186 filed and recorded with the clerk of the circuit court for such
187 county. The designated record newspaper may be changed at the
188 end of any fiscal year of the county by a majority vote of the
189 judges of the judicial circuit of the county ordering such
190 change 30 days prior to the end of the fiscal year, notice of
191 which order shall be given to the previously designated record
192 newspaper.
193 (2)(3) The website publisher publishers of any designated
194 record newspapers receiving payment from this court docket fund
195 shall publish, without additional charge, the fact of the filing
196 of any civil case, suit, or action filed in such county in the
197 circuit. Such publication shall be in accordance with a schedule
198 agreed upon between the website publisher record newspaper and
199 the clerk of the court in such county.
200 (3)(4) The website publisher publishers of any designated
201 record newspapers receiving revenues from the court docket fund
202 established in subsection (1) shall, without charge, accept
203 legal advertisements for the purpose of service of process by
204 publication under s. 49.011(4), (10), and (11) when such
205 publication is required of persons authorized to proceed as
206 indigent persons under s. 57.081.
207 Section 10. Section 11.02, Florida Statutes, is amended to
208 read:
209 11.02 Notice of special or local legislation or certain
210 relief acts.—The notice required to obtain special or local
211 legislation or any relief act specified in s. 11.065 shall be by
212 publishing the identical notice in each county involved in some
213 newspaper as provided defined in chapter 50 in published in or
214 circulated throughout the county or counties where the matter or
215 thing to be affected by such legislation shall be situated one
216 time at least 30 days before introduction of the proposed law
217 into the Legislature or, there being no newspaper circulated
218 throughout or published in the county, by posting for at least
219 30 days at not less than three public places in the county or
220 each of the counties, one of which places shall be at the
221 courthouse in the county or counties where the matter or thing
222 to be affected by such legislation shall be situated. Notice of
223 special or local legislation shall state the substance of the
224 contemplated law, as required by s. 10, Art. III of the State
225 Constitution. Notice of any relief act specified in s. 11.065
226 shall state the name of the claimant, the nature of the injury
227 or loss for which the claim is made, and the amount of the claim
228 against the affected municipality’s revenue-sharing trust fund.
229 Section 11. Subsection (2) of section 45.031, Florida
230 Statutes, is amended to read:
231 45.031 Judicial sales procedure.—In any sale of real or
232 personal property under an order or judgment, the procedures
233 provided in this section and ss. 45.0315-45.035 may be followed
234 as an alternative to any other sale procedure if so ordered by
235 the court.
236 (2) PUBLICATION OF SALE.—Notice of sale shall be published
237 once a week for at least 2 consecutive weeks before the sale in
238 a newspaper of general circulation, as provided defined in
239 chapter 50, published in the county where the sale is to be
240 held. The second publication shall be at least 5 days before the
241 sale. The notice shall contain:
242 (a) A description of the property to be sold.
243 (b) The time and place of sale.
244 (c) A statement that the sale will be made pursuant to the
245 order or final judgment.
246 (d) The caption of the action.
247 (e) The name of the clerk making the sale.
248 (f) A statement that any person claiming an interest in the
249 surplus from the sale, if any, other than the property owner as
250 of the date of the lis pendens must file a claim within 60 days
251 after the sale.
252
253 The court, in its discretion, may enlarge the time of the sale.
254 Notice of the changed time of sale shall be published as
255 provided herein.
256 Section 12. Subsection (9) of section 69.081, Florida
257 Statutes, is amended to read:
258 69.081 Sunshine in litigation; concealment of public
259 hazards prohibited.—
260 (9) A governmental entity, except a municipality or county,
261 that settles a claim in tort which requires the expenditure of
262 public funds in excess of $5,000, shall provide notice, in
263 accordance with the provisions of chapter 50, of such
264 settlement, in the county in which the claim arose, within 60
265 days of entering into such settlement; provided that no notice
266 shall be required if the settlement has been approved by a court
267 of competent jurisdiction.
268 Section 13. Subsection (2) of section 121.0511, Florida
269 Statutes, is amended to read:
270 121.0511 Revocation of election and alternative plan.—The
271 governing body of any municipality or independent special
272 district that has elected to participate in the Florida
273 Retirement System may revoke its election in accordance with the
274 following procedure:
275 (2) At least 7 days, but not more than 15 days, before the
276 hearing, notice of intent to revoke, specifying the time and
277 place of the hearing, must be published in a newspaper of
278 general circulation in the area affected, as provided by ss.
279 50.011-50.031. Proof of publication of the notice must be
280 submitted to the Department of Management Services.
281 Section 14. Paragraphs (b) and (h) of subsection (1) of
282 section 121.055, Florida Statutes, are amended to read:
283 121.055 Senior Management Service Class.—There is hereby
284 established a separate class of membership within the Florida
285 Retirement System to be known as the “Senior Management Service
286 Class,” which shall become effective February 1, 1987.
287 (1)
288 (b)1. Except as provided in subparagraph 2., effective
289 January 1, 1990, participation in the Senior Management Service
290 Class is compulsory for the president of each community college,
291 the manager of each participating municipality or county, and
292 all appointed district school superintendents. Effective January
293 1, 1994, additional positions may be designated for inclusion in
294 the Senior Management Service Class if:
295 a. Positions to be included in the class are designated by
296 the local agency employer. Notice of intent to designate
297 positions for inclusion in the class must be published once a
298 week for at least 2 consecutive weeks in a newspaper of general
299 circulation published in the county or counties affected, as
300 provided in chapter 50.
301 b. Up to 10 nonelective full-time positions may be
302 designated for each local agency employer reporting to the
303 department; for local agencies with 100 or more regularly
304 established positions, additional nonelective full-time
305 positions may be designated, not to exceed 1 percent of the
306 regularly established positions within the agency.
307 c. Each position added to the class must be a managerial or
308 policymaking position filled by an employee who is not subject
309 to continuing contract and serves at the pleasure of the local
310 agency employer without civil service protection, and who:
311 (I) Heads an organizational unit; or
312 (II) Has responsibility to effect or recommend personnel,
313 budget, expenditure, or policy decisions in his or her areas of
314 responsibility.
315 2. In lieu of participation in the Senior Management
316 Service Class, members of the Senior Management Service Class,
317 pursuant to subparagraph 1., may withdraw from the Florida
318 Retirement System altogether. The decision to withdraw from the
319 system is irrevocable as long as the employee holds the
320 position. Any service creditable under the Senior Management
321 Service Class shall be retained after the member withdraws from
322 the system; however, additional service credit in the Senior
323 Management Service Class may not be earned after such
324 withdrawal. Such members are not eligible to participate in the
325 Senior Management Service Optional Annuity Program.
326 3. Effective January 1, 2006, through June 30, 2006, an
327 employee who has withdrawn from the Florida Retirement System
328 under subparagraph 2. has one opportunity to elect to
329 participate in the pension plan or the investment plan.
330 a. If the employee elects to participate in the investment
331 plan, membership shall be prospective, and the applicable
332 provisions of s. 121.4501(4) govern the election.
333 b. If the employee elects to participate in the pension
334 plan, the employee shall, upon payment to the system trust fund
335 of the amount calculated under sub-sub-subparagraph (I), receive
336 service credit for prior service based upon the time during
337 which the employee had withdrawn from the system.
338 (I) The cost for such credit shall be an amount
339 representing the actuarial accrued liability for the affected
340 period of service. The cost shall be calculated using the
341 discount rate and other relevant actuarial assumptions that were
342 used to value the pension plan liabilities in the most recent
343 actuarial valuation. The calculation must include any service
344 already maintained under the pension plan in addition to the
345 period of withdrawal. The actuarial accrued liability
346 attributable to any service already maintained under the pension
347 plan shall be applied as a credit to the total cost resulting
348 from the calculation. The division must ensure that the transfer
349 sum is prepared using a formula and methodology certified by an
350 actuary.
351 (II) The employee must transfer a sum representing the net
352 cost owed for the actuarial accrued liability in sub-sub
353 subparagraph (I) immediately following the time of such
354 movement, determined assuming that attained service equals the
355 sum of service in the pension plan and the period of withdrawal.
356 (h)1. Except as provided in subparagraph 3., effective
357 January 1, 1994, participation in the Senior Management Service
358 Class shall be compulsory for the State Courts Administrator and
359 the Deputy State Courts Administrators, the Clerk of the Supreme
360 Court, the Marshal of the Supreme Court, the Executive Director
361 of the Justice Administrative Commission, the capital collateral
362 regional counsel, the clerks of the district courts of appeals,
363 the marshals of the district courts of appeals, and the trial
364 court administrator and the Chief Deputy Court Administrator in
365 each judicial circuit. Effective January 1, 1994, additional
366 positions in the offices of the state attorney and public
367 defender in each judicial circuit may be designated for
368 inclusion in the Senior Management Service Class of the Florida
369 Retirement System, provided that:
370 a. Positions to be included in the class shall be
371 designated by the state attorney or public defender, as
372 appropriate. Notice of intent to designate positions for
373 inclusion in the class shall be published once a week for at
374 least 2 consecutive weeks in a newspaper of general circulation
375 published in the county or counties affected, as provided in
376 chapter 50.
377 b. One nonelective full-time position may be designated for
378 each state attorney and public defender reporting to the
379 Department of Management Services; for agencies with 200 or more
380 regularly established positions under the state attorney or
381 public defender, additional nonelective full-time positions may
382 be designated, not to exceed 0.5 percent of the regularly
383 established positions within the agency.
384 c. Each position added to the class must be a managerial or
385 policymaking position filled by an employee who serves at the
386 pleasure of the state attorney or public defender without civil
387 service protection, and who:
388 (I) Heads an organizational unit; or
389 (II) Has responsibility to effect or recommend personnel,
390 budget, expenditure, or policy decisions in his or her areas of
391 responsibility.
392 2. Participation in this class shall be compulsory, except
393 as provided in subparagraph 3., for any judicial employee who
394 holds a position designated for coverage in the Senior
395 Management Service Class, and such participation shall continue
396 until the employee terminates employment in a covered position.
397 Effective January 1, 2001, participation in this class is
398 compulsory for assistant state attorneys, assistant statewide
399 prosecutors, assistant public defenders, and assistant capital
400 collateral regional counsel. Effective January 1, 2002,
401 participation in this class is compulsory for assistant
402 attorneys general.
403 3. In lieu of participation in the Senior Management
404 Service Class, such members, excluding assistant state
405 attorneys, assistant public defenders, assistant statewide
406 prosecutors, assistant attorneys general, and assistant capital
407 collateral regional counsel, may participate in the Senior
408 Management Service Optional Annuity Program as established in
409 subsection (6).
410 Section 15. Paragraph (a) of subsection (2) and paragraph
411 (b) of subsection (4) of section 125.66, Florida Statutes, are
412 amended to read:
413 125.66 Ordinances; enactment procedure; emergency
414 ordinances; rezoning or change of land use ordinances or
415 resolutions.—
416 (2)(a) The regular enactment procedure shall be as follows:
417 The board of county commissioners at any regular or special
418 meeting may enact or amend any ordinance, except as provided in
419 subsection (4), if notice of intent to consider such ordinance
420 is given at least 10 days prior to said meeting by publication
421 in a newspaper of general circulation in the county. A copy of
422 such notice shall be kept available for public inspection during
423 the regular business hours of the office of the clerk of the
424 board of county commissioners. The notice of proposed enactment
425 shall state the date, time, and place of the meeting; the title
426 or titles of proposed ordinances; and the place or places within
427 the county where such proposed ordinances may be inspected by
428 the public. The notice shall also advise that interested parties
429 may appear at the meeting and be heard with respect to the
430 proposed ordinance.
431 (4) Ordinances or resolutions, initiated by other than the
432 county, that change the actual zoning map designation of a
433 parcel or parcels of land shall be enacted pursuant to
434 subsection (2). Ordinances or resolutions that change the actual
435 list of permitted, conditional, or prohibited uses within a
436 zoning category, or ordinances or resolutions initiated by the
437 county that change the actual zoning map designation of a parcel
438 or parcels of land shall be enacted pursuant to the following
439 procedure:
440 (b) In cases in which the proposed ordinance or resolution
441 changes the actual list of permitted, conditional, or prohibited
442 uses within a zoning category, or changes the actual zoning map
443 designation of a parcel or parcels of land involving 10
444 contiguous acres or more, the board of county commissioners
445 shall provide for public notice and hearings as follows:
446 1. The board of county commissioners shall hold two
447 advertised public hearings on the proposed ordinance or
448 resolution. At least one hearing shall be held after 5 p.m. on a
449 weekday, unless the board of county commissioners, by a majority
450 plus one vote, elects to conduct that hearing at another time of
451 day. The first public hearing shall be held at least 7 days
452 after the day that the first advertisement is published. The
453 second hearing shall be held at least 10 days after the first
454 hearing and shall be advertised at least 5 days before prior to
455 the public hearing.
456 2. The required advertisements shall be no less than 2
457 columns wide by 10 inches long in a standard size or a tabloid
458 size newspaper, and the headline in the advertisement shall be
459 in a type no smaller than 18 point. The advertisement shall not
460 be placed in that portion of the newspaper where legal notices
461 and classified advertisements appear. The advertisement shall be
462 placed in a newspaper of general paid circulation in the county
463 and of general interest and readership in the community pursuant
464 to chapter 50, not one of limited subject matter. It is the
465 legislative intent that, whenever possible, the advertisement
466 shall appear in a newspaper that is published at least 5 days a
467 week unless the only newspaper in the community is published
468 less than 5 days a week. The advertisement shall be in
469 substantially the following form:
470
471 NOTICE OF (TYPE OF) CHANGE
472
473 The ...(name of local governmental unit)... proposes to
474 adopt the following by ordinance or resolution:...(title of
475 ordinance or resolution)....
476 A public hearing on the ordinance or resolution will be
477 held on ...(date and time)... at ...(meeting place)....
478
479 Except for amendments which change the actual list of permitted,
480 conditional, or prohibited uses within a zoning category, the
481 advertisement shall contain a geographic location map which
482 clearly indicates the area within the local government covered
483 by the proposed ordinance or resolution. The map shall include
484 major street names as a means of identification of the general
485 area. In addition to being published in the newspaper, The map
486 must be part of the online notice required pursuant to s.
487 50.0311 s. 50.0211.
488 3. In lieu of publishing the advertisements set out in this
489 paragraph, the board of county commissioners may mail a notice
490 to each person owning real property within the area covered by
491 the ordinance or resolution. Such notice shall clearly explain
492 the proposed ordinance or resolution and shall notify the person
493 of the time, place, and location of both public hearings on the
494 proposed ordinance or resolution.
495 Section 16. Paragraph (a) of subsection (2) of section
496 162.12, Florida Statutes, is amended to read:
497 162.12 Notices.—
498 (2) In addition to providing notice as set forth in
499 subsection (1), at the option of the code enforcement board or
500 the local government, notice may be served by publication or
501 posting, as follows:
502 (a)1. Such notice shall be published once during each week
503 for 4 consecutive weeks (four publications being sufficient) in
504 a newspaper of general circulation in the county where the code
505 enforcement board is located. The newspaper shall meet such
506 requirements as provided in are prescribed under chapter 50 for
507 legal and official advertisements.
508 2. Proof of publication shall be made as provided in ss.
509 50.041 and 50.051.
510 Section 17. Paragraph (c) of subsection (3) of section
511 166.041, Florida Statutes, is amended to read:
512 166.041 Procedures for adoption of ordinances and
513 resolutions.—
514 (3)
515 (c) Ordinances initiated by other than the municipality
516 that change the actual zoning map designation of a parcel or
517 parcels of land shall be enacted pursuant to paragraph (a).
518 Ordinances that change the actual list of permitted,
519 conditional, or prohibited uses within a zoning category, or
520 ordinances initiated by the municipality that change the actual
521 zoning map designation of a parcel or parcels of land shall be
522 enacted pursuant to the following procedure:
523 1. In cases in which the proposed ordinance changes the
524 actual zoning map designation for a parcel or parcels of land
525 involving less than 10 contiguous acres, the governing body
526 shall direct the clerk of the governing body to notify by mail
527 each real property owner whose land the municipality will
528 redesignate by enactment of the ordinance and whose address is
529 known by reference to the latest ad valorem tax records. The
530 notice shall state the substance of the proposed ordinance as it
531 affects that property owner and shall set a time and place for
532 one or more public hearings on such ordinance. Such notice shall
533 be given at least 30 days before prior to the date set for the
534 public hearing, and a copy of the notice shall be kept available
535 for public inspection during the regular business hours of the
536 office of the clerk of the governing body. The governing body
537 shall hold a public hearing on the proposed ordinance and may,
538 upon the conclusion of the hearing, immediately adopt the
539 ordinance.
540 2. In cases in which the proposed ordinance changes the
541 actual list of permitted, conditional, or prohibited uses within
542 a zoning category, or changes the actual zoning map designation
543 of a parcel or parcels of land involving 10 contiguous acres or
544 more, the governing body shall provide for public notice and
545 hearings as follows:
546 a. The local governing body shall hold two advertised
547 public hearings on the proposed ordinance. At least one hearing
548 shall be held after 5 p.m. on a weekday, unless the local
549 governing body, by a majority plus one vote, elects to conduct
550 that hearing at another time of day. The first public hearing
551 shall be held at least 7 days after the day that the first
552 advertisement is published. The second hearing shall be held at
553 least 10 days after the first hearing and shall be advertised at
554 least 5 days before prior to the public hearing.
555 b. The required advertisements shall be no less than 2
556 columns wide by 10 inches long in a standard size or a tabloid
557 size newspaper, and the headline in the advertisement shall be
558 in a type no smaller than 18 point. The advertisement shall not
559 be placed in that portion of the newspaper where legal notices
560 and classified advertisements appear. The advertisement shall be
561 placed in a newspaper of general paid circulation in the
562 municipality and of general interest and readership in the
563 municipality, not one of limited subject matter, pursuant to
564 chapter 50. It is the legislative intent that, whenever
565 possible, the advertisement appear in a newspaper that is
566 published at least 5 days a week unless the only newspaper in
567 the municipality is published less than 5 days a week. The
568 advertisement shall be in substantially the following form:
569
570 NOTICE OF (TYPE OF) CHANGE
571
572 The ...(name of local governmental unit)... proposes to
573 adopt the following ordinance:...(title of the ordinance)....
574 A public hearing on the ordinance will be held on ...(date
575 and time)... at ...(meeting place)....
576
577 Except for amendments which change the actual list of permitted,
578 conditional, or prohibited uses within a zoning category, the
579 advertisement shall contain a geographic location map which
580 clearly indicates the area covered by the proposed ordinance.
581 The map shall include major street names as a means of
582 identification of the general area. In addition to being
583 published in the newspaper, The map must be part of the online
584 notice required pursuant to s. 50.0311 s. 50.0211.
585 c. In lieu of publishing the advertisement set out in this
586 paragraph, the municipality may mail a notice to each person
587 owning real property within the area covered by the ordinance.
588 Such notice shall clearly explain the proposed ordinance and
589 shall notify the person of the time, place, and location of any
590 public hearing on the proposed ordinance.
591 Section 18. Subsection (1) of section 189.015, Florida
592 Statutes, is amended to read:
593 189.015 Meetings; notice; required reports.—
594 (1) The governing body of each special district shall file
595 quarterly, semiannually, or annually a schedule of its regular
596 meetings with the local governing authority or authorities. The
597 schedule shall include the date, time, and location of each
598 scheduled meeting. The schedule shall be published quarterly,
599 semiannually, or annually in a newspaper of general paid
600 circulation in the manner required in this subsection. The
601 governing body of an independent special district shall
602 advertise the day, time, place, and purpose of any meeting other
603 than a regular meeting or any recessed and reconvened meeting of
604 the governing body, at least 7 days before such meeting, in a
605 newspaper of general paid circulation in the county or counties
606 in which the special district is located, unless a bona fide
607 emergency situation exists, in which case a meeting to deal with
608 the emergency may be held as necessary, with reasonable notice,
609 so long as it is subsequently ratified by the governing body. No
610 approval of the annual budget shall be granted at an emergency
611 meeting. The notice shall be posted as provided in advertisement
612 shall be placed in that portion of the newspaper where legal
613 notices and classified advertisements appear. The advertisement
614 shall appear in a newspaper that is published at least 5 days a
615 week, unless the only newspaper in the county is published fewer
616 than 5 days a week. The newspaper selected must be one of
617 general interest and readership in the community and not one of
618 limited subject matter, pursuant to chapter 50. Any other
619 provision of law to the contrary notwithstanding, and except in
620 the case of emergency meetings, water management districts may
621 provide reasonable notice of public meetings held to evaluate
622 responses to solicitations issued by the water management
623 district, by publication as provided in chapter 50 in a
624 newspaper of general paid circulation in the county where the
625 principal office of the water management district is located, or
626 in the county or counties where the public work will be
627 performed, no less than 7 days before such meeting.
628 Section 19. Paragraph (d) of subsection (1) of section
629 190.005, Florida Statutes, is amended to read:
630 190.005 Establishment of district.—
631 (1) The exclusive and uniform method for the establishment
632 of a community development district with a size of 2,500 acres
633 or more shall be pursuant to a rule, adopted under chapter 120
634 by the Florida Land and Water Adjudicatory Commission, granting
635 a petition for the establishment of a community development
636 district.
637 (d) A local public hearing on the petition shall be
638 conducted by a hearing officer in conformance with the
639 applicable requirements and procedures of the Administrative
640 Procedure Act. The hearing shall include oral and written
641 comments on the petition pertinent to the factors specified in
642 paragraph (e). The hearing shall be held at an accessible
643 location in the county in which the community development
644 district is to be located. The petitioner shall cause a notice
645 of the hearing to be published in a newspaper at least once a
646 week for the 4 successive weeks immediately before prior to the
647 hearing. Such notice shall give the time and place for the
648 hearing, a description of the area to be included in the
649 district, which description shall include a map showing clearly
650 the area to be covered by the district, and any other relevant
651 information which the establishing governing bodies may require.
652 The advertisement shall not be placed in that portion of the
653 newspaper where legal notices and classified advertisements
654 appear. The advertisement shall be published in a newspaper of
655 general paid circulation in the county and of general interest
656 and readership in the community, not one of limited subject
657 matter, pursuant to chapter 50. Whenever possible, the
658 advertisement shall appear in a newspaper that is published at
659 least 5 days a week, unless the only newspaper in the community
660 is published fewer than 5 days a week. In addition to being
661 published in the newspaper, The map referenced above must be
662 part of the online advertisement required pursuant to s. 50.0311
663 s. 50.0211. All affected units of general-purpose local
664 government and the general public shall be given an opportunity
665 to appear at the hearing and present oral or written comments on
666 the petition.
667 Section 20. Subsection (1) of section 194.037, Florida
668 Statutes, is amended to read:
669 194.037 Disclosure of tax impact.—
670 (1) After hearing all petitions, complaints, appeals, and
671 disputes, the clerk shall make public notice of the findings and
672 results of the board as provided in in at least a quarter-page
673 size advertisement of a standard size or tabloid size newspaper,
674 and the headline shall be in a type no smaller than 18 point.
675 The advertisement shall not be placed in that portion of the
676 newspaper where legal notices and classified advertisements
677 appear. The advertisement shall be published in a newspaper of
678 general paid circulation in the county. The newspaper selected
679 shall be one of general interest and readership in the
680 community, and not one of limited subject matter, pursuant to
681 chapter 50. The headline shall read: TAX IMPACT OF VALUE
682 ADJUSTMENT BOARD. The public notice shall list the members of
683 the value adjustment board and the taxing authorities to which
684 they are elected. The form shall show, in columnar form, for
685 each of the property classes listed under subsection (2), the
686 following information, with appropriate column totals:
687 (a) In the first column, the number of parcels for which
688 the board granted exemptions that had been denied or that had
689 not been acted upon by the property appraiser.
690 (b) In the second column, the number of parcels for which
691 petitions were filed concerning a property tax exemption.
692 (c) In the third column, the number of parcels for which
693 the board considered the petition and reduced the assessment
694 from that made by the property appraiser on the initial
695 assessment roll.
696 (d) In the fourth column, the number of parcels for which
697 petitions were filed but not considered by the board because
698 such petitions were withdrawn or settled before prior to the
699 board’s consideration.
700 (e) In the fifth column, the number of parcels for which
701 petitions were filed requesting a change in assessed value,
702 including requested changes in assessment classification.
703 (f) In the sixth column, the net change in taxable value
704 from the assessor’s initial roll which results from board
705 decisions.
706 (g) In the seventh column, the net shift in taxes to
707 parcels not granted relief by the board. The shift shall be
708 computed as the amount shown in column 6 multiplied by the
709 applicable millage rates adopted by the taxing authorities in
710 hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
711 the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
712 Constitution, but without adjustment as authorized pursuant to
713 s. 200.065(6). If for any taxing authority the hearing has not
714 been completed at the time the notice required herein is
715 prepared, the millage rate used shall be that adopted in the
716 hearing held pursuant to s. 200.065(2)(c).
717 Section 21. Subsection (1) of section 197.402, Florida
718 Statutes, is amended to read:
719 197.402 Advertisement of real or personal property with
720 delinquent taxes.—
721 (1) If advertisements are required, the board of county
722 commissioners shall make such notice select the newspaper as
723 provided in chapter 50. The tax collector shall pay all
724 newspaper charges, and the proportionate cost of the
725 advertisements shall be added to the delinquent taxes collected.
726 Section 22. Subsection (3) of section 200.065, Florida
727 Statutes, is amended to read:
728 200.065 Method of fixing millage.—
729 (3) The advertisement shall be published no less than one
730 quarter page in size of a standard size or a tabloid size
731 newspaper, and the headline in the advertisement shall be in a
732 type no smaller than 18 point. The advertisement shall not be
733 placed in that portion of the newspaper where legal notices and
734 classified advertisements appear. The advertisement shall be
735 published in a newspaper of general paid circulation in the
736 county or in a geographically limited insert of such newspaper.
737 The geographic boundaries in which such insert is circulated
738 shall include the geographic boundaries of the taxing authority.
739 It is the legislative intent that, whenever possible, the
740 advertisement appear in a newspaper that is published at least 5
741 days a week unless the only newspaper in the county is published
742 less than 5 days a week, or that the advertisement appear in a
743 geographically limited insert of such newspaper which insert is
744 published throughout the taxing authority’s jurisdiction at
745 least twice each week. It is further the legislative intent that
746 the newspaper selected be one of general interest and readership
747 in the community and not one of limited subject matter, pursuant
748 to chapter 50.
749 (a) For taxing authorities other than school districts
750 which have tentatively adopted a millage rate in excess of 100
751 percent of the rolled-back rate computed pursuant to subsection
752 (1), the advertisement shall be in the following form:
753
754 NOTICE OF PROPOSED TAX INCREASE
755
756 The ...(name of the taxing authority)... has tentatively
757 adopted a measure to increase its property tax levy.
758 Last year’s property tax levy:
759 A. Initially proposed tax levy................$XX,XXX,XXX
760 B. Less tax reductions due to Value Adjustment Board and
761 other assessment changes...........................($XX,XXX,XXX)
762 C. Actual property tax levy...................$XX,XXX,XXX
763 This year’s proposed tax levy........................$XX,XXX,XXX
764 All concerned citizens are invited to attend a public
765 hearing on the tax increase to be held on ...(date and time)...
766 at ...(meeting place)....
767 A FINAL DECISION on the proposed tax increase and the
768 budget will be made at this hearing.
769
770 (b) In all instances in which the provisions of paragraph
771 (a) are inapplicable for taxing authorities other than school
772 districts, the advertisement shall be in the following form:
773
774 NOTICE OF BUDGET HEARING
775
776 The ...(name of taxing authority)... has tentatively
777 adopted a budget for ...(fiscal year).... A public hearing to
778 make a FINAL DECISION on the budget AND TAXES will be held on
779 ...(date and time)... at ...(meeting place)....
780
781 (c) For school districts which have proposed a millage rate
782 in excess of 100 percent of the rolled-back rate computed
783 pursuant to subsection (1) and which propose to levy nonvoted
784 millage in excess of the minimum amount required pursuant to s.
785 1011.60(6), the advertisement shall be in the following form:
786
787 NOTICE OF PROPOSED TAX INCREASE
788
789 The ...(name of school district)... will soon consider a
790 measure to increase its property tax levy.
791 Last year’s property tax levy:
792 A. Initially proposed tax levy................$XX,XXX,XXX
793 B. Less tax reductions due to Value Adjustment Board and
794 other assessment changes...........................($XX,XXX,XXX)
795 C. Actual property tax levy...................$XX,XXX,XXX
796 This year’s proposed tax levy........................$XX,XXX,XXX
797 A portion of the tax levy is required under state law in
798 order for the school board to receive $...(amount A)... in state
799 education grants. The required portion has ...(increased or
800 decreased)... by ...(amount B)... percent and represents
801 approximately ...(amount C)... of the total proposed taxes.
802 The remainder of the taxes is proposed solely at the
803 discretion of the school board.
804 All concerned citizens are invited to a public hearing on
805 the tax increase to be held on ...(date and time)... at
806 ...(meeting place)....
807 A DECISION on the proposed tax increase and the budget will
808 be made at this hearing.
809 1. AMOUNT A shall be an estimate, provided by the
810 Department of Education, of the amount to be received in the
811 current fiscal year by the district from state appropriations
812 for the Florida Education Finance Program.
813
814 2. AMOUNT B shall be the percent increase over the rolled
815 back rate necessary to levy only the required local effort in
816 the current fiscal year, computed as though in the preceding
817 fiscal year only the required local effort was levied.
818 3. AMOUNT C shall be the quotient of required local-effort
819 millage divided by the total proposed nonvoted millage, rounded
820 to the nearest tenth and stated in words; however, the stated
821 amount shall not exceed nine-tenths.
822
823 (d) For school districts which have proposed a millage rate
824 in excess of 100 percent of the rolled-back rate computed
825 pursuant to subsection (1) and which propose to levy as nonvoted
826 millage only the minimum amount required pursuant to s.
827 1011.60(6), the advertisement shall be the same as provided in
828 paragraph (c), except that the second and third paragraphs shall
829 be replaced with the following paragraph:
830
831 This increase is required under state law in order for the
832 school board to receive $...(amount A)... in state education
833 grants.
834
835 (e) In all instances in which the provisions of paragraphs
836 (c) and (d) are inapplicable for school districts, the
837 advertisement shall be in the following form:
838
839 NOTICE OF BUDGET HEARING
840
841 The ...(name of school district)... will soon consider a
842 budget for ...(fiscal year).... A public hearing to make a
843 DECISION on the budget AND TAXES will be held on ...(date and
844 time)... at ...(meeting place)....
845
846 (f) In lieu of publishing the notice set out in this
847 subsection, the taxing authority may mail a copy of the notice
848 to each elector residing within the jurisdiction of the taxing
849 authority.
850 (g) In the event that the mailing of the notice of proposed
851 property taxes is delayed beyond September 3 in a county, any
852 multicounty taxing authority which levies ad valorem taxes
853 within that county shall advertise its intention to adopt a
854 tentative budget and millage rate in a newspaper of paid general
855 circulation within that county, as provided in this subsection,
856 and shall hold the hearing required pursuant to paragraph (2)(c)
857 not less than 2 days or more than 5 days thereafter, and not
858 later than September 18. The advertisement shall be in the
859 following form, unless the proposed millage rate is less than or
860 equal to the rolled-back rate, computed pursuant to subsection
861 (1), in which case the advertisement shall be as provided in
862 paragraph (e):
863
864 NOTICE OF TAX INCREASE
865
866 The ...(name of the taxing authority)... proposes to
867 increase its property tax levy by ...(percentage of increase
868 over rolled-back rate)... percent.
869 All concerned citizens are invited to attend a public
870 hearing on the proposed tax increase to be held on ...(date and
871 time)... at ...(meeting place)....
872
873 (h) In no event shall any taxing authority add to or delete
874 from the language of the advertisements as specified herein
875 unless expressly authorized by law, except that, if an increase
876 in ad valorem tax rates will affect only a portion of the
877 jurisdiction of a taxing authority, advertisements may include a
878 map or geographical description of the area to be affected and
879 the proposed use of the tax revenues under consideration. In
880 addition, if published in the newspaper, the map must be part of
881 the online advertisement required by s. 50.0211. The
882 advertisements required herein shall not be accompanied,
883 preceded, or followed by other advertising or notices which
884 conflict with or modify the substantive content prescribed
885 herein.
886 (i) The advertisements required pursuant to paragraphs (b)
887 and (e) need not be one-quarter page in size or have a headline
888 in type no smaller than 18 point.
889 (j) The amounts to be published as percentages of increase
890 over the rolled-back rate pursuant to this subsection shall be
891 based on aggregate millage rates and shall exclude voted millage
892 levies unless expressly provided otherwise in this subsection.
893 (k) Any taxing authority which will levy an ad valorem tax
894 for an upcoming budget year but does not levy an ad valorem tax
895 currently shall, in the advertisement specified in paragraph
896 (a), paragraph (c), paragraph (d), or paragraph (g), replace the
897 phrase “increase its property tax levy by ...(percentage of
898 increase over rolled-back rate)... percent” with the phrase
899 “impose a new property tax levy of $...(amount)... per $1,000
900 value.”
901 (l) Any advertisement required pursuant to this section
902 shall be accompanied by an adjacent notice meeting the budget
903 summary requirements of s. 129.03(3)(b). Except for those taxing
904 authorities proposing to levy ad valorem taxes for the first
905 time, the following statement shall appear in the budget summary
906 in boldfaced type immediately following the heading, if the
907 applicable percentage is greater than zero:
908
909 THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of
910 taxing authority)... ARE ...(percent rounded to one decimal
911 place)... MORE THAN LAST YEAR’S TOTAL OPERATING EXPENDITURES.
912
913 For purposes of this paragraph, “proposed operating budget
914 expenditures” or “operating expenditures” means all moneys of
915 the local government, including dependent special districts,
916 that:
917 1. Were or could be expended during the applicable fiscal
918 year, or
919 2. Were or could be retained as a balance for future
920 spending in the fiscal year.
921
922 Provided, however, those moneys held in or used in trust,
923 agency, or internal service funds, and expenditures of bond
924 proceeds for capital outlay or for advanced refunded debt
925 principal, shall be excluded.
926 Section 23. Paragraph (b) of subsection (2) of section
927 316.066, Florida Statutes, is amended to read:
928 316.066 Written reports of crashes.—
929 (2)
930 (b) Crash reports held by an agency under paragraph (a) may
931 be made immediately available to the parties involved in the
932 crash, their legal representatives, their licensed insurance
933 agents, their insurers or insurers to which they have applied
934 for coverage, persons under contract with such insurers to
935 provide claims or underwriting information, prosecutorial
936 authorities, law enforcement agencies, the Department of
937 Transportation, county traffic operations, victim services
938 programs, radio and television stations licensed by the Federal
939 Communications Commission, newspapers qualified to publish legal
940 notices under ss. 50.011 and 50.031, and, in accordance with
941 paragraph (f), free newspapers of general circulation, published
942 once a week or more often, of which at least 7,500 copies are
943 distributed by mail or by carrier as verified by a postal
944 statement or by a notarized printer’s statement of press run,
945 which are intended to be generally distributed and circulated,
946 and which contain news of general interest with at least 10
947 pages per publication, available and of interest to the public
948 generally for the dissemination of news. For the purposes of
949 this section, the following products or publications are not
950 newspapers as referred to in this section: those intended
951 primarily for members of a particular profession or occupational
952 group; those with the primary purpose of distributing
953 advertising; and those with the primary purpose of publishing
954 names and other personal identifying information concerning
955 parties to motor vehicle crashes.
956 Section 24. Paragraph (c) of subsection (1) of section
957 338.223, Florida Statutes, is amended to read:
958 338.223 Proposed turnpike projects.—
959 (1)
960 (c) Before Prior to requesting legislative approval of a
961 proposed turnpike project, the environmental feasibility of the
962 proposed project shall be reviewed by the Department of
963 Environmental Protection. The department shall submit its
964 Project Development and Environmental Report to the Department
965 of Environmental Protection, along with a draft copy of a public
966 notice. Within 14 days of receipt of the draft public notice,
967 the Department of Environmental Protection shall return the
968 draft public notice to the Department of Transportation with an
969 approval of the language or modifications to the language. Upon
970 receipt of the approved or modified draft, or if no comments are
971 provided within 14 days, the Department of Transportation shall
972 publish the notice in a newspaper to provide a 30-day public
973 comment period. The headline of the required notice shall be in
974 a type no smaller than 18 point. The notice shall be placed in
975 that portion of the newspaper where legal notices appear. The
976 notice shall be published in a newspaper of general circulation
977 in the county or counties of general interest and readership in
978 the community as provided in s. 50.0311 s. 50.031, not one of
979 limited subject matter. Whenever possible, the notice shall
980 appear in a newspaper that is published at least 5 days a week.
981 The notice shall include, but is not limited to, the following
982 information:
983 1. The purpose of the notice is to provide for a 30-day
984 period for written public comments on the environmental impacts
985 of a proposed turnpike project.
986 2. The name and description of the project, along with a
987 geographic location map clearly indicating the area where the
988 proposed project will be located.
989 3. The address where such comments must be sent and the
990 date such comments are due.
991
992 After a review of the department’s report and any public
993 comments, the Department of Environmental Protection shall
994 submit a statement of environmental feasibility to the
995 department within 30 days after the date on which public
996 comments are due. The notice and the statement of environmental
997 feasibility shall not give rise to any rights to a hearing or
998 other rights or remedies provided pursuant to chapter 120 or
999 chapter 403, and shall not bind the Department of Environmental
1000 Protection in any subsequent environmental permit review.
1001 Section 25. Section 373.0397, Florida Statutes, is amended
1002 to read:
1003 373.0397 Floridan and Biscayne aquifers; designation of
1004 prime groundwater recharge areas.—Upon preparation of an
1005 inventory of prime groundwater recharge areas for the Floridan
1006 or Biscayne aquifers, but before prior to adoption by the
1007 governing board, the water management district shall publish a
1008 legal notice of public hearing on the designated areas for the
1009 Floridan and Biscayne aquifers, with a map delineating the
1010 boundaries of the areas, as provided in newspapers defined in
1011 chapter 50, in each county as having general circulation within
1012 the area to be affected. The notice shall be at least one-fourth
1013 page and shall read as follows:
1014
1015 NOTICE OF PRIME RECHARGE
1016 AREA DESIGNATION
1017
1018 The ...(name of taxing authority)... proposes to designate
1019 specific land areas as areas of prime recharge to the ...(name
1020 of aquifer)... Aquifer.
1021 All concerned citizens are invited to attend a public
1022 hearing on the proposed designation to be held on ...(date and
1023 time)... at ...(meeting place)....
1024 A map of the affected areas follows.
1025
1026 The governing board of the water management district shall adopt
1027 a designation of prime groundwater recharge areas to the
1028 Floridan and Biscayne aquifers by rule within 120 days after the
1029 public hearing, subject to the provisions of chapter 120.
1030 Section 26. Section 373.146, Florida Statutes, is amended
1031 to read:
1032 373.146 Publication of notices, process, and papers.—
1033 (1) Whenever in this chapter the publication of any notice,
1034 process, or paper is required or provided for, unless otherwise
1035 provided by law, the publication thereof in some newspaper or
1036 newspapers as provided defined in chapter 50 in each county
1037 having general circulation within the area to be affected shall
1038 be taken and considered as being sufficient.
1039 (2) Notwithstanding any other provision of law to the
1040 contrary, and except in the case of emergency meetings, water
1041 management districts may provide reasonable notice of public
1042 meetings held to evaluate responses to solicitations issued by
1043 the water management district, by publication as provided in
1044 chapter 50 in a newspaper of general paid circulation in the
1045 county where the principal office of the water management
1046 district is located, or in the county or counties where the
1047 public work will be performed, no less than 7 days before such
1048 meeting.
1049 Section 27. Subsection (12) of section 403.722, Florida
1050 Statutes, is amended to read:
1051 403.722 Permits; hazardous waste disposal, storage, and
1052 treatment facilities.—
1053 (12) On the same day of filing with the department of an
1054 application for a permit for the construction modification, or
1055 operation of a hazardous waste facility, the applicant shall
1056 notify each city and county within 1 mile of the facility of the
1057 filing of the application and shall publish notice of the filing
1058 of the application. The applicant shall publish a second notice
1059 of the filing within 14 days after the date of filing. Each
1060 notice shall be published in a newspaper of general circulation
1061 in the county in which the facility is located or is proposed to
1062 be located as provided in. Notwithstanding the provisions of
1063 chapter 50, for purposes of this section, a “newspaper of
1064 general circulation” shall be the newspaper within the county in
1065 which the installation or facility is proposed which has the
1066 largest daily circulation in that county and has its principal
1067 office in that county. If the newspaper with the largest daily
1068 circulation has its principal office outside the county, the
1069 notice shall appear in both the newspaper with the largest daily
1070 circulation in that county, and a newspaper authorized to
1071 publish legal notices in that county. The notice shall contain:
1072 (a) The name of the applicant and a brief description of
1073 the project and its location.
1074 (b) The location of the application file and when it is
1075 available for public inspection.
1076
1077 The notice shall be prepared by the applicant and shall comply
1078 with the following format:
1079
1080 Notice of Application
1081 The Department of Environmental Protection announces receipt of
1082 an application for a permit from ...(name of applicant)... to
1083 ...(brief description of project).... This proposed project will
1084 be located at ...(location)... in ...(county)... ...(city)....
1085
1086 This application is being processed and is available for public
1087 inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
1088 Monday through Friday, except legal holidays, at ...(name and
1089 address of office)....
1090
1091 Section 28. Paragraph (c) of subsection (7) of section
1092 501.059, Florida Statutes, is amended to read:
1093 501.059 Telephone solicitation.—
1094 (7)
1095 (c) The provisions of This subsection does do not apply to
1096 a transaction:
1097 1. Made in accordance with prior negotiations in the course
1098 of a visit by the consumer to a merchant operating a retail
1099 business establishment which has a fixed permanent location and
1100 where consumer goods are displayed or offered for sale on a
1101 continuing basis;
1102 2. In which the consumer may obtain a full refund for the
1103 return of undamaged and unused goods or a cancellation of
1104 services notice to the seller within 7 days after receipt by the
1105 consumer, and the seller will process the refund within 30 days
1106 after receipt of the returned merchandise by the consumer;
1107 3. In which the consumer purchases goods or services
1108 pursuant to an examination of a television, radio, or print
1109 advertisement or a sample, brochure, or catalog of the merchant
1110 that contains:
1111 a. The name, address, and telephone number of the merchant;
1112 b. A description of the goods or services being sold; and
1113 c. Any limitations or restrictions that apply to the offer;
1114 or
1115 4. In which the merchant is a bona fide charitable
1116 organization or a newspaper as defined in chapter 50.
1117 Section 29. Paragraph (b) of subsection (3) of section
1118 712.06, Florida Statutes, is amended to read:
1119 712.06 Contents of notice; recording and indexing.—
1120 (3) The person providing the notice referred to in s.
1121 712.05, other than a notice for preservation of a community
1122 covenant or restriction, shall:
1123 (b) Publish once a week, for 2 consecutive weeks, the
1124 notice referred to in s. 712.05, with the official record book
1125 and page number in which such notice was recorded, in a
1126 newspaper as provided defined in chapter 50 in the county in
1127 which the property is located.
1128 Section 30. Subsection (5) of section 849.38, Florida
1129 Statutes, is amended to read:
1130 849.38 Proceedings for forfeiture; notice of seizure and
1131 order to show cause.—
1132 (5) If the value of the property seized is shown by the
1133 sheriff’s return to have an appraised value of $1,000 or less,
1134 the above citation shall be served by posting at three public
1135 places in the county, one of which shall be the front door of
1136 the courthouse; if the value of the property is shown by the
1137 sheriff’s return to have an approximate value of more than
1138 $1,000, the citation shall be published at least once each week
1139 for 2 consecutive weeks as provided in chapter 50. in some
1140 newspaper of general publication published in the county, if
1141 there be such a newspaper published in the county and if not,
1142 then Said notice of such publication shall be made by
1143 certificate of the clerk if publication is made by posting, and
1144 by affidavit as provided in chapter 50, if made by publication
1145 as provided in chapter 50 in a newspaper, which affidavit or
1146 certificate shall be filed and become a part of the record in
1147 the cause. Failure of the record to show proof of such
1148 publication shall not affect any judgment made in the cause
1149 unless it shall affirmatively appear that no such publication
1150 was made.
1151 Section 31. Paragraph (a) of subsection (3) of section
1152 865.09, Florida Statutes, is amended to read:
1153 865.09 Fictitious name registration.—
1154 (3) REGISTRATION.—
1155 (a) A person may not engage in business under a fictitious
1156 name unless the person first registers the name with the
1157 division by filing a registration listing:
1158 1. The name to be registered.
1159 2. The mailing address of the business.
1160 3. The name and address of each registrant.
1161 4. If the registrant is a business entity that was required
1162 to file incorporation or similar documents with its state of
1163 organization when it was organized, such entity must be
1164 registered with the division and in active status with the
1165 division; provide its Florida document registration number; and
1166 provide its federal employer identification number if the entity
1167 has such a number.
1168 5. Certification by at least one registrant that the
1169 intention to register such fictitious name has been advertised
1170 as provided at least once in a newspaper as defined in chapter
1171 50 in the county in which the principal place of business of the
1172 registrant is or will be located.
1173 6. Any other information the division may reasonably deem
1174 necessary to adequately inform other governmental agencies and
1175 the public as to the registrant so conducting business.
1176 Section 32. Paragraph (a) of subsection (6) of section
1177 932.704, Florida Statutes, is amended to read:
1178 932.704 Forfeiture proceedings.—
1179 (6)(a) If the property is required by law to be titled or
1180 registered, or if the owner of the property is known in fact to
1181 the seizing agency, or if the seized property is subject to a
1182 perfected security interest in accordance with the Uniform
1183 Commercial Code, chapter 679, the attorney for the seizing
1184 agency shall serve the forfeiture complaint as an original
1185 service of process under the Florida Rules of Civil Procedure
1186 and other applicable law to each person having an ownership or
1187 security interest in the property. The seizing agency shall also
1188 publish, in accordance with chapter 50, notice of the forfeiture
1189 complaint once each week for 2 consecutive weeks in a newspaper
1190 of general circulation, as defined in s. 165.031, in the county
1191 where the seizure occurred.
1192 Section 33. This act shall take effect July 1, 2020.
