Florida Senate - 2009 SB 2292
By Senator Storms
10-01492A-09 20092292__
1 A bill to be entitled
2 An act relating to required advertisements and notices
3 by governmental entities; creating s. 50.0311, F.S.;
4 defining the term “publicly accessible website” for
5 specified purposes; providing circumstances under
6 which a governmental entity may use its website for
7 legally required advertisements and public notices;
8 requiring that legally required advertisements and
9 notices be conspicuously placed on publicly accessible
10 websites; requiring that such notice or advertisement
11 indicate the initial date of publication on such
12 website; amending ss. 50.011, 50.021, 50.051, 50.061,
13 100.342 125.012, 125.35, 125.66, 129.03, 129.06,
14 138.12, 153.53, 153.55, 153.79, 157.03, 157.21,
15 157.28, 159.32 , 162.12, 163.3184, 163.3225, 163.356,
16 163.360, 163.361, 163.380, 163.387, 163.511, 163.514,
17 163.516, 163.524, 165.041, 165.051, 166.041, 166.0497,
18 170.05, 170.07, 171.0413, 171.051, 173.09, 177.101,
19 180.09, 180.24, 189.4044, 189.417, 190.006, 190.033,
20 191.005, 192.0105, 194.037, 197.3632, 200.065,
21 205.032, 205.042, 255.0525, 274.06, 298.301, 348.243,
22 348.83, 348.943, 348.953, 348.968, 350.81, 373.4592,
23 373.45924, 373.536, 376.80, 379.2425, 380.06, 403.973,
24 420.9075, 553.73, 633.025, 705.103, and 715.109, F.S.;
25 providing requirements for publication in newspapers
26 and on the Internet for certain required notices and
27 advertisements by governmental entities; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Section 530.0311, Florida Statutes, is created
33 to read:
34 530.0311 Publication of advertisements and public notices
35 on a governmental entity’s publicly accessible website.—
36 (1) For purposes of notices and advertisements required by
37 statute to be published by governmental entities, the term
38 “publicly accessible website” means a governmental entity’s
39 official website that is accessible on the Internet.
40 (2) If specifically authorized by statute, a governmental
41 entity may use its website for legally required advertisements
42 and public notices if:
43 (a) A public library or other governmental facility
44 providing free access to the Internet during regular business
45 hours exists within the jurisdictional boundaries of such
46 governmental entity;
47 (b) The governmental entity provides notice to its
48 residents at least once per year in a newspaper of general
49 circulation, the governmental entity’s newsletter or periodical,
50 or another publication mailed or delivered to all residents or
51 property owners throughout the governmental entity’s
52 jurisdiction, indicating that residents may receive legally
53 required advertisements and public notices from the governmental
54 entity by first-class mail or e-mail upon registering their name
55 and address or e-mail address with the local governmental
56 entity;
57 (c) The governmental entity maintains a register of names,
58 addresses, and e-mail addresses of residents who request in
59 writing that they receive legally required advertisements and
60 public notices from the governmental entity by first-class mail
61 or e-mail; and
62 (d) At the time of initial publication of an advertisement
63 or public notice on a governmental entity’s publicly accessible
64 website, the governmental entity mails or e-mails a copy of such
65 publication to residents indicating a preference to receive such
66 advertisements and notices by first-class mail or e-mail.
67 (3) Advertisements and public notices published on a
68 publicly accessible website shall be conspicuously placed on the
69 website’s homepage or accessible through a direct link from the
70 homepage. The advertisement shall indicate the date on which the
71 advertisement was first published on the publicly accessible
72 website.
73 Section 2. Section 50.011, Florida Statutes, is amended to
74 read:
75 50.011 Where and in what language legal notices to be
76 published.—Whenever by statute an official or legal
77 advertisement or a publication, or notice in a newspaper has
78 been or is directed or permitted in the nature of or in lieu of
79 process, or for constructive service, or in initiating,
80 assuming, reviewing, exercising or enforcing jurisdiction or
81 power, or for any purpose, including all legal notices and
82 advertisements of sheriffs and tax collectors, the
83 contemporaneous and continuous intent and meaning of such
84 legislation all and singular, existing or repealed, is and has
85 been and is hereby declared to be and to have been, and the rule
86 of interpretation is and has been, a publication in a newspaper
87 printed and published periodically once a week or oftener,
88 containing at least 25 percent of its words in the English
89 language, entered or qualified to be admitted and entered as
90 periodicals matter at a post office in the county where
91 published, for sale to the public generally, available to the
92 public generally for the publication of official or other
93 notices and customarily containing information of a public
94 character or of interest or of value to the residents or owners
95 of property in the county where published, or of interest or of
96 value to the general public. Notwithstanding any provisions to
97 the contrary, and if specifically authorized by statute, a
98 notice, advertisement, or publication on a publicly accessible
99 website in accordance with s. 50.0311 shall constitute legal
100 notice.
101 Section 3. Section 50.021, Florida Statutes, is amended to
102 read:
103 50.021 Publication when no newspaper in county.—When any
104 law, or order or decree of court, shall direct advertisements to
105 be made in any county and there be no newspaper published in the
106 said county, the advertisement may be made by publishing such
107 advertisement on a publicly accessible website maintained by the
108 entity responsible for publication or posting three copies
109 thereof in three different places in said county, one of which
110 shall be at the front door of the courthouse, and by publication
111 in the nearest county in which a newspaper is published.
112 Section 4. Section 50.051, Florida Statutes, is amended to
113 read:
114 50.051 Proof of publication; form of uniform affidavit.—The
115 printed form upon which all such affidavits establishing proof
116 of publication in a newspaper are to be executed shall be
117 substantially as follows:
118
119 NAME OF NEWSPAPER
120 Published (Weekly or Daily)
121 (Town or City) (County) FLORIDA
122
123 STATE OF FLORIDA
124
125 COUNTY OF ....:
126 Before the undersigned authority personally appeared ....,
127 who on oath says that he or she is .... of the ...., a ....
128 newspaper published at .... in .... County, Florida; that the
129 attached copy of advertisement, being a .... in the matter of
130 .... in the .... Court, was published in said newspaper in the
131 issues of .....
132 Affiant further says that the said .... is a newspaper
133 published at ...., in said .... County, Florida, and that the
134 said newspaper has heretofore been continuously published in
135 said .... County, Florida, each .... and has been entered as
136 periodicals matter at the post office in ...., in said ....
137 County, Florida, for a period of 1 year next preceding the first
138 publication of the attached copy of advertisement; and affiant
139 further says that he or she has neither paid nor promised any
140 person, firm or corporation any discount, rebate, commission or
141 refund for the purpose of securing this advertisement for
142 publication in the said newspaper.
143
144 Sworn to and subscribed before me this .... day of ....,
145 ...(year)..., by ...., who is personally known to me or who has
146 produced (type of identification) as identification.
147
148
149 ...(Signature of Notary Public)...
150
151 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
152
153 ...(Notary Public)...
154 Section 5. Subsection (4) of section 50.061, Florida
155 Statutes, is amended to read:
156 50.061 Amounts chargeable.—
157 (4) All official public notices and legal advertisements
158 published in a newspaper shall be charged and paid for on the
159 basis of 6-point type on 6-point body, unless otherwise
160 specified by statute.
161 Section 6. Section 100.342, Florida Statutes, is amended to
162 read:
163 100.342 Notice of special election or referendum.—In any
164 special election or referendum not otherwise provided for there
165 shall be at least 30 days' notice of the election or referendum
166 by publication in a newspaper of general circulation in the
167 county, district, or municipality, as the case may be, or
168 publication on a publicly accessible website maintained by the
169 entity responsible for publication and published daily during
170 the 5 weeks immediately preceding the election or referendum. If
171 advertised in the newspaper, the publication shall be made at
172 least twice, once in the fifth week and once in the third week
173 prior to the week in which the election or referendum is to be
174 held. If there is no newspaper of general circulation in the
175 county, district, or municipality and publication is not made on
176 a publicly accessible website maintained by the entity
177 responsible for publication, the notice shall be posted in no
178 less than five places within the territorial limits of the
179 county, district, or municipality.
180 Section 7. Subsection (17) of section 125.012, Florida
181 Statutes, is amended to read:
182 125.012 Project facilities; general powers and duties.—Any
183 county and the board of county commissioners thereof shall have
184 the power, in addition to the powers otherwise conferred:
185 (17) To grant exclusive or nonexclusive franchises to
186 persons, firms, or corporations for the operating of
187 restaurants, cafeterias, bars, taxicabs, vending machines, and
188 other concessions of a nonaeronautical nature in, on, and in
189 connection with any project owned and operated by the county.
190 However, no exclusive franchise shall be so granted unless the
191 board of county commissioners of such county shall award such
192 franchise following receipt of sealed competitive bids in the
193 manner prescribed by law, or cause to be published on a publicly
194 accessible website maintained by the county or in a newspaper of
195 general circulation in the county notice of the fact that it
196 intends to grant such exclusive franchise and will at a time
197 certain to be fixed in such notice, not less than 30 days after
198 the publication of the notice, enter into negotiations with any
199 interested parties as to the terms, conditions, and provisions
200 of any such exclusive franchise. Such negotiations with any
201 interested parties as to the terms, conditions, and provisions
202 of any such exclusive franchise are to continue for a period of
203 not less than 10 days before such exclusive franchise is
204 granted.
205 Section 8. Paragraph (c) of subsection (1) of section
206 125.35, Florida Statutes, is amended to read:
207 125.35 County authorized to sell real and personal property
208 and to lease real property.—
209 (1)
210 (c) No sale of any real property shall be made unless
211 notice thereof is published once a week for at least 2 weeks in
212 some newspaper of general circulation published in the county or
213 published daily during the 2 weeks preceding the sale of any
214 real property on a publicly accessible website maintained by the
215 county, calling for bids for the purchase of the real estate so
216 advertised to be sold. In the case of a sale, the bid of the
217 highest bidder complying with the terms and conditions set forth
218 in such notice shall be accepted, unless the board of county
219 commissioners rejects all bids because they are too low. The
220 board of county commissioners may require a deposit to be made
221 or a surety bond to be given, in such form or in such amount as
222 the board determines, with each bid submitted.
223 Section 9. Paragraph (a) of subsection (2) and paragraph
224 (b) of subsection (4) of section 125.66, Florida Statutes, are
225 amended to read:
226 125.66 Ordinances; enactment procedure; emergency
227 ordinances; rezoning or change of land use ordinances or
228 resolutions.—
229 (2)(a) The regular enactment procedure shall be as follows:
230 The board of county commissioners at any regular or special
231 meeting may enact or amend any ordinance, except as provided in
232 subsection (4), if notice of intent to consider such ordinance
233 is given at least 10 days before the prior to said meeting on a
234 publicly accessible website maintained by the county or by
235 publication in a newspaper of general circulation in the county.
236 If advertised on a publicly accessible website, the
237 advertisement shall be published daily during the 10 days
238 immediately preceding the meeting. A copy of such notice shall
239 be kept available for public inspection during the regular
240 business hours of the office of the clerk of the board of county
241 commissioners. The notice of proposed enactment shall state the
242 date, time, and place of the meeting; the title or titles of
243 proposed ordinances; and the place or places within the county
244 where such proposed ordinances may be inspected by the public.
245 The notice shall also advise that interested parties may appear
246 at the meeting and be heard with respect to the proposed
247 ordinance.
248 (4) Ordinances or resolutions, initiated by other than the
249 county, that change the actual zoning map designation of a
250 parcel or parcels of land shall be enacted pursuant to
251 subsection (2). Ordinances or resolutions that change the actual
252 list of permitted, conditional, or prohibited uses within a
253 zoning category, or ordinances or resolutions initiated by the
254 county that change the actual zoning map designation of a parcel
255 or parcels of land shall be enacted pursuant to the following
256 procedure:
257 (b) In cases in which the proposed ordinance or resolution
258 changes the actual list of permitted, conditional, or prohibited
259 uses within a zoning category, or changes the actual zoning map
260 designation of a parcel or parcels of land involving 10
261 contiguous acres or more, the board of county commissioners
262 shall provide for public notice and hearings as follows:
263 1. The board of county commissioners shall hold two
264 advertised public hearings on the proposed ordinance or
265 resolution. At least one hearing shall be held after 5 p.m. on a
266 weekday, unless the board of county commissioners, by a majority
267 plus one vote, elects to conduct that hearing at another time of
268 day. The first public hearing shall be held at least 7 days
269 after the day that the first advertisement is published. The
270 second hearing shall be held at least 10 days after the first
271 hearing and shall be advertised at least 5 days prior to the
272 public hearing.
273 2. The required newspaper advertisements shall be no less
274 than 2 columns wide by 10 inches long in a standard size or a
275 tabloid size newspaper, and the headline in the advertisement
276 shall be in a type no smaller than 18 point. The newspaper
277 advertisement shall not be placed in that portion of the
278 newspaper where legal notices and classified advertisements
279 appear. The newspaper advertisement shall be placed in a
280 newspaper of general paid circulation in the county and of
281 general interest and readership in the community pursuant to
282 chapter 50, not one of limited subject matter. It is the
283 legislative intent that, whenever possible, the newspaper
284 advertisement shall appear in a newspaper that is published at
285 least 5 days a week unless the only newspaper in the community
286 is published less than 5 days a week. The newspaper
287 advertisement shall be in substantially the following form:
288
289 NOTICE OF (TYPE OF) CHANGE
290
291 The ...(name of local governmental unit)... proposes to
292 adopt the following by ordinance or resolution:...(title of
293 ordinance or resolution)....
294 A public hearing on the ordinance or resolution will be
295 held on ...(date and time)... at ...(meeting place)....
296
297 Except for amendments which change the actual list of permitted,
298 conditional, or prohibited uses within a zoning category, the
299 advertisement shall contain a geographic location map which
300 clearly indicates the area within the local government covered
301 by the proposed ordinance or resolution. The map shall include
302 major street names as a means of identification of the general
303 area.
304 3. In lieu of publishing the advertisements set out in this
305 paragraph, the board of county commissioners may mail a notice
306 to each person owning real property within the area covered by
307 the ordinance or resolution. Such notice shall clearly explain
308 the proposed ordinance or resolution and shall notify the person
309 of the time, place, and location of both public hearings on the
310 proposed ordinance or resolution.
311 Section 10. Paragraph (b) of subsection (3) of section
312 129.03, Florida Statutes, is amended to read:
313 129.03 Preparation and adoption of budget.—
314 (3) No later than 15 days after certification of value by
315 the property appraiser pursuant to s. 200.065(1), the county
316 budget officer, after tentatively ascertaining the proposed
317 fiscal policies of the board for the ensuing fiscal year, shall
318 prepare and present to the board a tentative budget for the
319 ensuing fiscal year for each of the funds provided in this
320 chapter, including all estimated receipts, taxes to be levied,
321 and balances expected to be brought forward and all estimated
322 expenditures, reserves, and balances to be carried over at the
323 end of the year.
324 (b) Upon receipt of the tentative budgets and completion of
325 any revisions made by the board, the board shall prepare a
326 statement summarizing all of the adopted tentative budgets. This
327 summary statement shall show, for each budget and the total of
328 all budgets, the proposed tax millages, the balances, the
329 reserves, and the total of each major classification of receipts
330 and expenditures, classified according to the classification of
331 accounts prescribed by the appropriate state agency. The board
332 shall cause this summary statement to be advertised one time in
333 a newspaper of general circulation published in the county, on a
334 publicly accessible website maintained by the county, or by
335 posting at the courthouse door if there is no such newspaper or
336 website, and the advertisement shall appear adjacent to the
337 advertisement required pursuant to s. 200.065.
338 Section 11. Paragraph (f) of subsection (2) of section
339 129.06, Florida Statutes, is amended to read:
340 129.06 Execution and amendment of budget.—
341 (2) The board at any time within a fiscal year may amend a
342 budget for that year, and may within the first 60 days of a
343 fiscal year amend the budget for the prior fiscal year, as
344 follows:
345 (f) If an amendment to a budget is required for a purpose
346 not specifically authorized in paragraphs (a)-(e), unless
347 otherwise prohibited by law, the amendment may be authorized by
348 resolution or ordinance of the board of county commissioners
349 adopted following a public hearing. The public hearing must be
350 advertised at least 2 days, but not more than 5 days, before the
351 date of the hearing. The advertisement must appear on a publicly
352 accessible website maintained by the county or in a newspaper of
353 paid general circulation and must identify the name of the
354 taxing authority, the date, place, and time of the hearing, and
355 the purpose of the hearing. If advertised in the newspaper, the
356 public hearing must be advertised at least 2 days, but not more
357 than 5 days, before the date of the hearing. If advertised on a
358 publicly accessible website, the notice must be published daily
359 during the 5 days immediately preceding the hearing. The
360 advertisement must also identify each budgetary fund to be
361 amended, the source of the funds, the use of the funds, and the
362 total amount of each budget.
363 Section 12. Section 138.12, Florida Statutes, is amended to
364 read:
365 138.12 Commissioners may expand county seat.—The board of
366 county commissioners of any county may expand the geographical
367 area of the county seat of its county beyond the corporate
368 limits of the municipality named as the county seat by adopting
369 a resolution to that effect at any regular or special meeting of
370 the board. Such a resolution may be adopted only after the board
371 has held not less than two public hearings on the proposal at
372 intervals of not less than 10 or more than 20 days and after
373 notice of the proposal and such meetings has been published on a
374 publicly accessible website maintained by the county or in a
375 newspaper of general circulation in the county. However, nothing
376 herein shall be deemed to extend the boundaries of the
377 municipality in which the county seat was previously located or
378 annex to such municipality the territory added to the county
379 seat.
380 Section 13. Paragraph (d) of subsection (2) of section
381 153.53, Florida Statutes, is amended to read:
382 153.53 Establishment of districts in unincorporated areas.—
383 (2)
384 (d) Within 30 days after the petition is received by the
385 property appraiser, said property appraiser shall determine
386 whether such petition has been duly signed by the requisite
387 number of property owners within the boundaries of the proposed
388 district. If there is a sufficient number of valid signatures,
389 the property appraiser shall forthwith deliver said petition to
390 the board of county commissioners who shall within 60 days hold
391 an election to determine if the district shall be created. The
392 board of county commissioners shall have notice of such election
393 published once a week for 4 successive weeks in a newspaper of
394 general circulation within the area of the proposed district or
395 daily during the 4 successive weeks immediately preceding the
396 election on a publicly accessible website maintained by the
397 county. Said notice shall describe the purpose for which the
398 district is to be established and the territory proposed to be
399 included in the said district. If there is no such newspaper or
400 website, then notice may be posted on the courthouse door and in
401 five conspicuous places within the proposed district.
402 Section 14. Subsection (1) of section 153.55, Florida
403 Statutes, is amended to read:
404 153.55 Public hearing upon report of county commissioners
405 and creation of district; findings of board of county
406 commissioners.—
407 (1) Upon submission of any such report the board of county
408 commissioners shall hold a public hearing upon such report and
409 the question of the creation of such district, giving at least
410 20 days' notice of such hearing by advertisement in a newspaper
411 published in the county and circulating in the area of the
412 proposed district, by daily publication during the 20 days
413 immediately preceding the hearing on a publicly accessible
414 website maintained by the county, or by posting as provided in
415 s. 153.56 if no such newspaper or website is be published.
416 Section 15. Section 153.79, Florida Statutes, is amended to
417 read:
418 153.79 Contracts for construction of improvements, sealed
419 bids.—All contracts let, awarded, or entered into by the
420 district for the construction, reconstruction, or acquisition or
421 improvement of a water system or a sewer system or both or any
422 part thereof, if the amount thereof shall exceed $1,000, shall
423 be awarded only after public advertisement and call for sealed
424 bids therefor, on a publicly accessible website maintained by
425 the county or in a newspaper published in the county circulating
426 in the district, or, if there be no such website or newspaper,
427 then in a newspaper published in the state and circulating in
428 the district. If advertised in the newspaper, such advertisement
429 shall to be published at least once at least 3 weeks before the
430 date set for the receipt of such bids. If advertised on a
431 publicly accessible website, such advertisement shall be
432 published daily during the 3 weeks immediately preceding the
433 date set for the receipt of such bids. Such advertisements for
434 bids in addition to the other necessary and pertinent matter
435 shall state in general terms the nature and description of the
436 improvement or improvements to be undertaken and shall state
437 that detailed plans and specifications for such work are on file
438 for inspection in the office of the district clerk and copies
439 thereof shall be furnished to any interested party upon payment
440 of reasonable charges to reimburse the district for its expenses
441 in providing such copies. The award shall be made to the
442 responsible and competent bidder or bidders who shall offer to
443 undertake the improvements at the lowest cost to the district
444 and such bidder or bidders shall be required to file bond for
445 the full and faithful performance of such work and the execution
446 of any such contract in such amount as the district board shall
447 determine, and in all other respects the letting of such
448 construction contracts shall comply with applicable provisions
449 of the general laws relating to the letting of public contracts.
450 Nothing in this section shall be deemed to prevent the district
451 from hiring or retaining such consulting engineers, attorneys,
452 financial experts or other technicians as it shall determine, in
453 its discretion, or from undertaking any construction work with
454 its own resources, without any such public advertisement.
455 Section 16. Section 157.03, Florida Statutes, is amended to
456 read:
457 157.03 Commissioners to appoint committee; report of plans
458 and estimate; letting contract; right-of-way for drains.—When
459 the county commissioners shall order that such ditch, drain or
460 canal, shall be established, they shall appoint a committee of
461 three disinterested freeholders who are citizens of the county,
462 who may employ a surveyor, and shall cause an accurate survey to
463 be made of the proposed ditch, drain or canal, and shall
464 establish the commencement, route, and terminus of said ditch,
465 drain or canal, the width, length, and depth thereof, and shall
466 make and present to the county commissioners, at their next
467 regular meeting, or at a meeting as soon thereafter as
468 practicable, plans, specifications and profiles for said
469 construction, together with an estimate of the approximate cost
470 of said ditch, drain or canal, and the annual cost of its
471 maintenance, and upon this report of the said committee, the
472 board of county commissioners shall advertise once a week for 3
473 weeks, in a newspaper published in the said county or daily for
474 3 weeks on a publicly accessible website maintained by the
475 county, for bids for the construction of said ditch, drain or
476 canal, and the same shall be given to the lowest responsible
477 bidder; provided, the board of county commissioners may, if they
478 deem it for the best interest of all concerned, reject all bids;
479 and in case said bids are rejected they may advertise for
480 further bids. Whenever the survey for any proposed ditch, drain
481 or canal, shall run through the lands of anyone who shall object
482 thereto, the board of county commissioners may proceed to
483 condemn the right-of-way for such ditch, drain or canal, and pay
484 therefor out of the funds arising from the levy and assessments
485 hereinafter provided for.
486 Section 17. Section 157.21, Florida Statutes, is amended to
487 read:
488 157.21 Enlargement of drains; appointment of committee;
489 report to commissioners; letting contract; contractor's bond;
490 payments; assessment.—Whenever the board of county commissioners
491 shall have determined upon a petition, filed as provided in s.
492 157.16, to enlarge or deepen any drain, they shall appoint a
493 committee of the three competent and disinterested persons who
494 are citizens of the county, who shall cause an accurate survey
495 to be made of the proposed work, and shall establish the depth
496 or width to which the same shall be deepened and shall make and
497 present to the county commissioners at their next regular
498 meeting, an estimate of the cost of said work, and upon the
499 report of said committee to them, said county commissioners
500 shall advertise not less than 2 weeks in a newspaper published
501 in the county or daily for 2 weeks on a publicly accessible
502 website maintained by the county, for bids on said work, to be
503 given to the lowest responsible bidder, with the privilege of
504 rejecting all bids that may be offered, should the same be
505 considered unreasonable; and in case the said bids are rejected,
506 they may again advertise for further bids. The said board of
507 county commissioners shall require of the person whose bid is
508 accepted for said work a good and sufficient bond for the
509 faithful performance of said contract, which said work shall be
510 done under the supervision of the committee appointed as
511 aforesaid. When the work shall be completed the committee shall
512 certify the same to the board of county commissioners who shall
513 also inspect such work before final payment is made to the
514 contractor, and such confirmation with the report of the
515 committee that the work has been done according to contract,
516 shall be made a matter of record; provided, that nothing in this
517 chapter shall prevent the county commissioners from making
518 payments in installments during the progress of the work, if
519 deemed expedient. Before letting such contract, the committee
520 appointed by the commissioners shall view the lands to be
521 benefited by the enlargement or deepening of said drain or
522 auxiliary and assess each parcel according and in proportion as
523 each shall be benefited, both those lands lying immediately
524 along such ditch, drain or canal, and those adjacent thereto,
525 for all the expenses that may be incurred in the enlarging or
526 deepening of said drain and keeping the same in repair from year
527 to year, and shall file a report of the same with the board of
528 county commissioners, which said report shall show the several
529 tracts of lands assessed and the names of the owners thereof,
530 and the amounts assessed against each tract; provided, however,
531 that if the owners of any tract cannot be ascertained by
532 diligent inquiry, said tract shall be assessed as unknown.
533 Section 18. Section 157.28, Florida Statutes, is amended to
534 read:
535 157.28 Awarding contracts for repair; approval.—If the
536 estimated cost of repairing any such ditch, drain or canal shall
537 not exceed the sum of $100, the board of county commissioners
538 shall have full power to have the same done in such manner as
539 said board may see fit; but if such estimated cost shall exceed
540 $100, then the contract shall be let to the lowest responsible
541 bidder after advertising for bids at least once each week for 2
542 consecutive weeks in some newspaper published in the county or
543 advertising daily for 2 consecutive weeks on a publicly
544 accessible website maintained by the county, or by posting in
545 five conspicuous places in the commissioners' district in which
546 such ditch, drain or canal shall be located, and all work done
547 shall be subject to the approval and acceptance of the board of
548 county commissioners.
549 Section 19. Section 159.32, Florida Statutes, is amended to
550 read:
551 159.32 Construction contracts.—Contracts for the
552 construction of the project may be awarded by the local agency
553 in such manner as in its judgment will best promote free and
554 open competition, including advertisement for competitive bids
555 in a newspaper of general circulation within the boundaries of
556 the local agency or on a publicly accessible website maintained
557 by the local agency responsible for publication; however, if the
558 local agency shall determine that the purposes of this part will
559 be more effectively served, the local agency in its discretion
560 may award or cause to be awarded contracts for the construction
561 of any project, or any part thereof, upon a negotiated basis as
562 determined by the local agency. The local agency shall prescribe
563 bid security requirements and other procedures in connection
564 with the award of such contracts as in its judgment shall
565 protect the public interest. The local agency may by written
566 contract engage the services of the lessee, purchaser, or
567 prospective lessee or purchaser of any project in the
568 construction of the project and may provide in the contract that
569 the lessee, purchaser, or prospective lessee or purchaser may
570 act as an agent of, or an independent contractor for, the local
571 agency for the performance of the functions described therein,
572 subject to such conditions and requirements consistent with the
573 provisions of this part as shall be prescribed in the contract,
574 including functions such as the acquisition of the site and
575 other real property for the project; the preparation of plans,
576 specifications, and contract documents; the award of
577 construction and other contracts upon a competitive or
578 negotiated basis; the construction of the project, or any part
579 thereof, directly by the lessee, purchaser, or prospective
580 lessee or purchaser; the inspection and supervision of
581 construction; the employment of engineers, architects, builders,
582 and other contractors; and the provision of money to pay the
583 cost thereof pending reimbursement by the local agency. Any such
584 contract may provide that the local agency may, out of proceeds
585 of bonds, make advances to or reimburse the lessee, purchaser,
586 or prospective lessee or purchaser for its costs incurred in the
587 performance of those functions, and shall set forth the
588 supporting documents required to be submitted to the local
589 agency and the reviews, examinations, and audits that shall be
590 required in connection therewith to assure compliance with the
591 provisions of this part and the contract.
592 Section 20. Paragraph (a) of subsection (2) of section
593 162.12, Florida Statutes, is amended to read:
594 162.12 Notices.—
595 (2) In addition to providing notice as set forth in
596 subsection (1), at the option of the code enforcement board,
597 notice may also be served by publication or posting, as follows:
598 (a)1. Such notice shall be published once during each week
599 for 4 consecutive weeks (four publications being sufficient) in
600 a newspaper of general circulation in the county where the code
601 enforcement board is located or daily during the 4 weeks
602 immediately preceding the hearing on a publicly accessible
603 website maintained by the local government. The website and
604 newspaper shall meet such requirements as are prescribed under
605 chapter 50 for legal and official advertisements.
606 2. Proof of newspaper publication shall be made as provided
607 in ss. 50.041 and 50.051.
608
609 Evidence that an attempt has been made to hand deliver or mail
610 notice as provided in subsection (1), together with proof of
611 publication or posting as provided in subsection (2), shall be
612 sufficient to show that the notice requirements of this part
613 have been met, without regard to whether or not the alleged
614 violator actually received such notice.
615 Section 21. Paragraph (b) of subsection (15) and paragraph
616 (c) of subsection (16) of section 163.3184, Florida Statutes,
617 are amended to read:
618 163.3184 Process for adoption of comprehensive plan or plan
619 amendment.—
620 (15) PUBLIC HEARINGS.—
621 (b) The local governing body shall hold at least two
622 advertised public hearings on the proposed comprehensive plan or
623 plan amendment as follows:
624 1. The first public hearing shall be held at the
625 transmittal stage pursuant to subsection (3). It shall be held
626 on a weekday at least 7 days after the day that the first
627 advertisement is published or after the notice of the first
628 public hearing is initially published on the publicly accessible
629 website.
630 2. The second public hearing shall be held at the adoption
631 stage pursuant to subsection (7). It shall be held on a weekday
632 at least 5 days after the day that the second advertisement is
633 published or after the notice of the second public hearing is
634 initially published on the publicly accessible website.
635 (16) COMPLIANCE AGREEMENTS.—
636 (c) Before Prior to its execution of a compliance
637 agreement, the local government must approve the compliance
638 agreement at a public hearing advertised at least 10 days before
639 the public hearing in a newspaper of general circulation in the
640 area or daily during the 10 days immediately preceding the
641 hearing on a publicly accessible website maintained by the local
642 government in accordance with the advertisement requirements of
643 subsection (15).
644 Section 22. Paragraph (a) of subsection (2) of section
645 163.3225, Florida Statutes, is amended to read:
646 163.3225 Public hearings.—
647 (2)(a) Notice of intent to consider a development agreement
648 shall be advertised approximately 7 days before each public
649 hearing in a newspaper of general circulation and readership in
650 the county where the local government is located or advertised
651 daily during the 7 days immediately preceding the hearing on a
652 publicly accessible website maintained by the local government.
653 Notice of intent to consider a development agreement shall also
654 be mailed to all affected property owners before the first
655 public hearing. The day, time, and place at which the second
656 public hearing will be held shall be announced at the first
657 public hearing.
658 Section 23. Paragraph (c) of subsection (3) of section
659 163.356, Florida Statutes, is amended to read:
660 163.356 Creation of community redevelopment agency.—
661 (3)
662 (c) The governing body of the county or municipality shall
663 designate a chair and vice chair from among the commissioners.
664 An agency may employ an executive director, technical experts,
665 and such other agents and employees, permanent and temporary, as
666 it requires, and determine their qualifications, duties, and
667 compensation. For such legal service as it requires, an agency
668 may employ or retain its own counsel and legal staff. An agency
669 authorized to transact business and exercise powers under this
670 part shall file with the governing body, on or before March 31
671 of each year, a report of its activities for the preceding
672 fiscal year, which report shall include a complete financial
673 statement setting forth its assets, liabilities, income, and
674 operating expenses as of the end of such fiscal year. At the
675 time of filing the report, the agency shall publish on a
676 publicly accessible website maintained by the agency or in a
677 newspaper of general circulation in the community a notice to
678 the effect that such report has been filed with the county or
679 municipality and that the report is available for inspection
680 during business hours in the office of the clerk of the city or
681 county commission and in the office of the agency.
682 Section 24. Paragraph (a) of subsection (6) of section
683 163.360, Florida Statutes, is amended to read:
684 163.360 Community redevelopment plans.—
685 (6)(a) The governing body shall hold a public hearing on a
686 community redevelopment plan after public notice thereof by
687 posting on a publicly accessible website maintained by the local
688 government responsible for publication or by publication in a
689 newspaper having a general circulation in the area of operation
690 of the county or municipality. The notice shall describe the
691 time, date, place, and purpose of the hearing, identify
692 generally the community redevelopment area covered by the plan,
693 and outline the general scope of the community redevelopment
694 plan under consideration.
695 Section 25. Subsection (2) of section 163.361, Florida
696 Statutes, is amended to read:
697 163.361 Modification of community redevelopment plans.—
698 (2) The governing body shall hold a public hearing on a
699 proposed modification of any community redevelopment plan after
700 public notice thereof on a publicly accessible website
701 maintained by the local government responsible for publication
702 or by publication in a newspaper having a general circulation in
703 the area of operation of the agency.
704 Section 26. Paragraph (a) of subsection (3) of section
705 163.380, Florida Statutes, is amended to read:
706 163.380 Disposal of property in community redevelopment
707 area.—The disposal of property in a community redevelopment area
708 which is acquired by eminent domain is subject to the
709 limitations set forth in s. 73.013.
710 (3)(a) Before Prior to disposition of any real property or
711 interest therein in a community redevelopment area, any county,
712 municipality, or community redevelopment agency shall give
713 public notice of such disposition by publication in a newspaper
714 having a general circulation in the community or on a publicly
715 accessible website maintained by the entity responsible for
716 publication, at least 30 days before prior to the execution of
717 any contract to sell, lease, or otherwise transfer real property
718 and, before prior to the delivery of any instrument of
719 conveyance with respect thereto under the provisions of this
720 section, invite proposals from, and make all pertinent
721 information available to, private redevelopers or any persons
722 interested in undertaking to redevelop or rehabilitate a
723 community redevelopment area or any part thereof. Such notice
724 shall identify the area or portion thereof and shall state that
725 proposals must be made by those interested within 30 days after
726 the date of publication of the notice and that such further
727 information as is available may be obtained at such office as is
728 designated in the notice. The county, municipality, or community
729 redevelopment agency shall consider all such redevelopment or
730 rehabilitation proposals and the financial and legal ability of
731 the persons making such proposals to carry them out; and the
732 county, municipality, or community redevelopment agency may
733 negotiate with any persons for proposals for the purchase,
734 lease, or other transfer of any real property acquired by it in
735 the community redevelopment area. The county, municipality, or
736 community redevelopment agency may accept such proposal as it
737 deems to be in the public interest and in furtherance of the
738 purposes of this part. Except in the case of a governing body
739 acting as the agency, as provided in s. 163.357, a notification
740 of intention to accept such proposal must be filed with the
741 governing body not less than 30 days before prior to any such
742 acceptance. Thereafter, the county, municipality, or community
743 redevelopment agency may execute such contract in accordance
744 with the provisions of subsection (1) and deliver deeds, leases,
745 and other instruments and take all steps necessary to effectuate
746 such contract.
747 Section 27. Paragraph (b) of subsection (1) and paragraph
748 (d) of subsection (2) of section 163.387, Florida Statutes, are
749 amended to read:
750 163.387 Redevelopment trust fund.—
751 (1)
752 (b)1. For any governing body that has not authorized by
753 June 5, 2006, a study to consider whether a finding of necessity
754 resolution pursuant to s. 163.355 should be adopted, has not
755 adopted a finding of necessity resolution pursuant to s. 163.355
756 by March 31, 2007, has not adopted a community redevelopment
757 plan by June 7, 2007, and was not authorized to exercise
758 community redevelopment powers pursuant to a delegation of
759 authority under s. 163.410 by a county that has adopted a home
760 rule charter, the amount of tax increment to be contributed by
761 any taxing authority shall be limited as follows:
762 a. If a taxing authority imposes a millage rate that
763 exceeds the millage rate imposed by the governing body that
764 created the trust fund, the amount of tax increment to be
765 contributed by the taxing authority imposing the higher millage
766 rate shall be calculated using the millage rate imposed by the
767 governing body that created the trust fund. Nothing shall
768 prohibit any taxing authority from voluntarily contributing a
769 tax increment at a higher rate for a period of time as specified
770 by interlocal agreement between the taxing authority and the
771 community redevelopment agency.
772 b. At any time more than 24 years after the fiscal year in
773 which a taxing authority made its first contribution to a
774 redevelopment trust fund, by resolution effective no sooner than
775 the next fiscal year and adopted by majority vote of the taxing
776 authority's governing body at a public hearing held not less
777 than 30 or more than 45 days after written notice by registered
778 mail to the community redevelopment agency and published on a
779 publicly accessible website maintained by the entity responsible
780 for publication or in a newspaper of general circulation in the
781 redevelopment area, the taxing authority may limit the amount of
782 increment contributed by the taxing authority to the
783 redevelopment trust fund to the amount of increment the taxing
784 authority was obligated to contribute to the redevelopment trust
785 fund in the fiscal year immediately preceding the adoption of
786 such resolution, plus any increase in the increment after the
787 adoption of the resolution computed using the taxable values of
788 any area which is subject to an area reinvestment agreement. As
789 used in this subparagraph, the term “area reinvestment
790 agreement” means an agreement between the community
791 redevelopment agency and a private party, with or without
792 additional parties, which provides that the increment computed
793 for a specific area shall be reinvested in services or public or
794 private projects, or both, including debt service, supporting
795 one or more projects consistent with the community redevelopment
796 plan that is identified in the agreement to be constructed
797 within that area. Any such reinvestment agreement must specify
798 the estimated total amount of public investment necessary to
799 provide the projects or services, or both, including any
800 applicable debt service. The contribution to the redevelopment
801 trust fund of the increase in the increment of any area that is
802 subject to an area reinvestment agreement following the passage
803 of a resolution as provided in this sub-subparagraph shall cease
804 when the amount specified in the area reinvestment agreement as
805 necessary to provide the projects or services, or both,
806 including any applicable debt service, has been invested.
807 2. For any community redevelopment agency that was not
808 created pursuant to a delegation of authority under s. 163.410
809 by a county that has adopted a home rule charter and that
810 modifies its adopted community redevelopment plan after October
811 1, 2006, in a manner that expands the boundaries of the
812 redevelopment area, the amount of increment to be contributed by
813 any taxing authority with respect to the expanded area shall be
814 limited as set forth in sub-subparagraphs 1.a. and b.
815 (2)
816 (d)1. A local governing body that creates a community
817 redevelopment agency under s. 163.356 may exempt from paragraph
818 (a) a special district that levies ad valorem taxes within that
819 community redevelopment area. The local governing body may grant
820 the exemption either in its sole discretion or in response to
821 the request of the special district. The local governing body
822 must establish procedures by which a special district may submit
823 a written request to be exempted from paragraph (a).
824 2. In deciding whether to deny or grant a special
825 district's request for exemption from paragraph (a), the local
826 governing body must consider:
827 a. Any additional revenue sources of the community
828 redevelopment agency which could be used in lieu of the special
829 district's tax increment.
830 b. The fiscal and operational impact on the community
831 redevelopment agency.
832 c. The fiscal and operational impact on the special
833 district.
834 d. The benefit to the specific purpose for which the
835 special district was created. The benefit to the special
836 district must be based on specific projects contained in the
837 approved community redevelopment plan for the designated
838 community redevelopment area.
839 e. The impact of the exemption on incurred debt and whether
840 such exemption will impair any outstanding bonds that have
841 pledged tax increment revenues to the repayment of the bonds.
842 f. The benefit of the activities of the special district to
843 the approved community redevelopment plan.
844 g. The benefit of the activities of the special district to
845 the area of operation of the local governing body that created
846 the community redevelopment agency.
847 3. The local governing body must hold a public hearing on a
848 special district's request for exemption after public notice of
849 the hearing is published on a publicly accessible website
850 maintained by the local governing body or in a newspaper having
851 a general circulation in the county or municipality that created
852 the community redevelopment area. The notice must describe the
853 time, date, place, and purpose of the hearing and must identify
854 generally the community redevelopment area covered by the plan
855 and the impact of the plan on the special district that
856 requested the exemption.
857 4. If a local governing body grants an exemption to a
858 special district under this paragraph, the local governing body
859 and the special district must enter into an interlocal agreement
860 that establishes the conditions of the exemption, including, but
861 not limited to, the period of time for which the exemption is
862 granted.
863 5. If a local governing body denies a request for exemption
864 by a special district, the local governing body shall provide
865 the special district with a written analysis specifying the
866 rationale for such denial. This written analysis must include,
867 but is not limited to, the following information:
868 a. A separate, detailed examination of each consideration
869 listed in subparagraph 2.
870 b. Specific examples of how the approved community
871 redevelopment plan will benefit, and has already benefited, the
872 purpose for which the special district was created.
873 6. The decision to either deny or grant an exemption must
874 be made by the local governing body within 120 days after the
875 date the written request was submitted to the local governing
876 body pursuant to the procedures established by such local
877 governing body.
878 Section 28. Paragraph (c) of subsection (3) and paragraph
879 (c) of subsection (4) of section 163.511, Florida Statutes, are
880 amended to read:
881 163.511 Special neighborhood improvement districts;
882 creation; referendum; board of directors; duration; extension.—
883 (3)
884 (c) Within 45 days from compilation of the voter
885 registration list pursuant to paragraph (b), the city clerk or
886 the supervisor of elections shall notify each such elector of
887 the general provisions of this section, including the taxing
888 authority and the date of the upcoming referendum. Notification
889 shall be by United States mail and, in addition thereto, by
890 publication one time in a newspaper of general circulation in
891 the county or municipality in which the district is located or
892 on a publicly accessible website maintained by the entity
893 responsible for such publication.
894 (4)
895 (c) Within 45 days from compilation of the freeholders'
896 registration list pursuant to paragraph (b), the city clerk or
897 the supervisor of elections shall notify each such freeholder of
898 the general provisions of this section, including the taxing
899 authority and the date of the upcoming referendum, and the
900 method provided for submitting corrections to the registration
901 list should the status of the freeholder have changed since the
902 compilation of the tax rolls. Notification shall be by United
903 States mail and, in addition thereto, by publication one time in
904 a newspaper of general circulation in the county or municipality
905 in which the district is located or on a publicly accessible
906 website maintained by the entity responsible for such
907 publication.
908 Section 29. Paragraph (b) of subsection (16) of section
909 163.514, Florida Statutes, is amended to read:
910 163.514 Powers of neighborhood improvement districts.
911 Unless prohibited by ordinance, the board of any district shall
912 be empowered to:
913 (16)
914 (b) In order to implement this subsection, the city clerk
915 or the supervisor of elections, whichever is appropriate, shall
916 compile a list of the names and last known addresses of the
917 electors in the neighborhood improvement district from the list
918 of registered voters of the county as of the last day of the
919 preceding month. The same shall constitute the registration list
920 for the purposes of a referendum. Within 45 days after
921 compilation of the voter registration list, the city clerk or
922 the supervisor of elections shall notify each elector of the
923 general provisions of this section, including the taxing
924 authority and the date of the upcoming referendum. Notification
925 shall be by United States mail and, in addition thereto, by
926 publication one time in a newspaper of general circulation in
927 the county or municipality in which the district is located or
928 on a publicly accessible website maintained by the county or
929 municipality responsible for such publication.
930 Section 30. Subsections (5) and (7) of section 163.516,
931 Florida Statutes, are amended to read:
932 163.516 Safe neighborhood improvement plans.—
933 (5) Before Prior to adoption of the safe neighborhood
934 improvement plan, the board shall hold a public hearing on the
935 plan after public notice thereof by publication in a newspaper
936 of general circulation in the county or municipality in which
937 the district is located or on a publicly accessible website
938 maintained by the entity responsible for such publication. The
939 notice shall describe the time, date, place, and purpose of the
940 hearing; identify the boundaries of the district; and outline
941 the general scope of the plan.
942 (7) If, at any time after approval of the safe neighborhood
943 improvement plan, it becomes desirable to amend or modify the
944 plan, the board may do so. Before Prior to any such amendment or
945 modification, the board shall obtain written approval of the
946 local governing body concerning conformity to the local
947 government comprehensive plan and hold a public hearing on the
948 proposed amendment or modification after public notice thereof
949 by publication in a newspaper of general circulation in the
950 county or municipality in which the district is located or on a
951 publicly accessible website maintained by the entity responsible
952 for such publication. The notice shall describe the time, place,
953 and purpose of the hearing and generally describe the proposed
954 amendment or modification.
955 Section 31. Subsections (10) and (11) of section 163.524,
956 Florida Statutes, are amended to read:
957 163.524 Neighborhood Preservation and Enhancement Program;
958 participation; creation of Neighborhood Preservation and
959 Enhancement Districts; creation of Neighborhood Councils and
960 Neighborhood Enhancement Plans.—
961 (10) Before Prior to the adoption of the Neighborhood
962 Enhancement Plan, the local government planning agency and
963 Neighborhood Council shall hold a joint public hearing on the
964 plan after public notice by the local government by publication
965 in a newspaper of general circulation in the county or
966 municipality in which the district is located or on a publicly
967 accessible website maintained by the entity responsible for such
968 publication. The notice shall describe the time, date, place,
969 and purpose of the hearing; identify the boundaries of the
970 district; and outline the general scope of the plan as required
971 by law.
972 (11) If at any time after approval of the Neighborhood
973 Enhancement Plan, it becomes desirable to amend or modify the
974 plan, the local governing body may do so. Before Prior to any
975 such amendment or modification, the local government planning
976 agency and the Neighborhood Council shall hold a joint public
977 hearing on the proposed amendment or modification after public
978 notice by the local government by publication in a newspaper of
979 general circulation in the county or municipality in which the
980 district is located or on a publicly accessible website
981 maintained by the entity responsible for such publication. The
982 notice shall describe the time, place, and purpose of the
983 hearing and shall generally describe the proposed amendment or
984 modification.
985 Section 32. Paragraph (c) of subsection (2) of section
986 165.041, Florida Statutes, is amended to read:
987 165.041 Incorporation; merger.—
988 (2)
989 (c) Notice of the election shall be published at least once
990 each week for 2 consecutive weeks immediately preceding prior to
991 the election, in a newspaper of general circulation in the area
992 to be affected or published daily during the 2 consecutive weeks
993 immediately preceding the election on a publicly accessible
994 website maintained by the local government responsible for
995 publication. Such notice shall give the time and places for the
996 election and a general description of the area to be included in
997 the municipality, which shall be in the form of a map to show
998 clearly the area to be covered by the municipality.
999 Section 33. Subsection (2) of section 165.051, Florida
1000 Statutes, is amended to read:
1001 165.051 Dissolution procedures.—
1002 (2) If a vote of the qualified voters is required, the
1003 governing body of the municipality or, if the municipal
1004 governing body does not act within 30 days, the governing body
1005 of the county or counties in which the municipality is located,
1006 shall set the date of the election, which shall be the next
1007 regularly scheduled election or a special election held before
1008 prior to such election, if approved by a majority of the members
1009 of the governing body of each governmental unit affected, but no
1010 sooner than 30 days after passage of the ordinance. Notice of
1011 the election shall be published at least once each week for 2
1012 consecutive weeks preceding prior to the election in a newspaper
1013 of general circulation in the municipality or published daily
1014 during the 2 consecutive weeks immediately preceding the
1015 election on a publicly accessible website maintained by the
1016 local government responsible for publication.
1017 Section 34. Paragraph (a) of subsection (3) of section
1018 166.041, Florida Statutes, is amended to read:
1019 166.041 Procedures for adoption of ordinances and
1020 resolutions.—
1021 (3)(a) Except as provided in paragraph (c), a proposed
1022 ordinance may be read by title, or in full, on at least 2
1023 separate days and shall, at least 10 days before prior to
1024 adoption, be noticed once in a newspaper of general circulation
1025 in the municipality or noticed daily during the 10 days
1026 immediately preceding the adoption on a publicly accessible
1027 website maintained by the municipality. The notice of proposed
1028 enactment shall state the date, time, and place of the meeting;
1029 the title or titles of proposed ordinances; and the place or
1030 places within the municipality where such proposed ordinances
1031 may be inspected by the public. The notice shall also advise
1032 that interested parties may appear at the meeting and be heard
1033 with respect to the proposed ordinance.
1034 Section 35. Subsection (2) of section 166.0497, Florida
1035 Statutes, is amended to read:
1036 166.0497 Alteration, amendment, or expansion of established
1037 downtown development district; procedures.—
1038 (2) In the resolution of intent, the governing body shall
1039 set a date for a public hearing on adoption of an ordinance
1040 altering, amending, or expanding the district and describing the
1041 new proposed district. Upon the adoption of the resolution, the
1042 governing body shall cause a notice of the public hearing to be
1043 published in a newspaper of general circulation published in the
1044 municipality or on a publicly accessible website maintained by
1045 the municipality. Such, which notice shall be published in the
1046 newspaper one time not less than 30 days and no nor more than 60
1047 days before prior to the date of the hearing, or published daily
1048 on the website during the 60 days immediately preceding the date
1049 of the hearing. The notice shall set forth the date, time, and
1050 place of the hearing and shall describe the new proposed
1051 boundaries of the district. Any citizen, taxpayer, or property
1052 owner shall have the right to be heard in opposition to the
1053 proposed amendment or expansion of the district. After the
1054 public hearing, if the governing body intends to proceed with
1055 the amendment or expansion of the district, it shall, in the
1056 manner authorized by law, adopt an ordinance defining the new
1057 district. The governing body shall not incorporate land into the
1058 district not included in the description contained in the
1059 resolution and the notice of public hearing, but it may
1060 eliminate any lands from that description when it adopts the
1061 ordinance containing the final determination of the boundaries.
1062 Section 36. Section 170.05, Florida Statutes, is amended to
1063 read:
1064 170.05 Publication of resolution.—Upon the adoption of the
1065 resolution provided for in s. 170.03, the municipality shall
1066 cause said resolution to be published on a publicly accessible
1067 website maintained by the municipality or one time in a
1068 newspaper of general circulation published in said municipality,
1069 and if there is be no website or newspaper published in said
1070 municipality, the governing authority of said municipality shall
1071 cause said resolution to be published once a week for a period
1072 of 2 weeks in a newspaper of general circulation published in
1073 the county in which said municipality is located.
1074 Section 37. Section 170.07, Florida Statutes, is amended to
1075 read:
1076 170.07 Publication of preliminary assessment roll.—Upon the
1077 completion of said preliminary assessment roll, the governing
1078 authority of the municipality shall by resolution fix a time and
1079 place at which the owners of the property to be assessed or any
1080 other persons interested therein may appear before said
1081 governing authority and be heard as to the propriety and
1082 advisability of making such improvements, as to the cost
1083 thereof, as to the manner of payment therefor, and as to the
1084 amount thereof to be assessed against each property so improved.
1085 Thirty days' notice in writing of such time and place shall be
1086 given to such property owners. The notice shall include the
1087 amount of the assessment and shall be served by mailing a copy
1088 to each of such property owners at his or her last known
1089 address, the names and addresses of such property owners to be
1090 obtained from the records of the property appraiser or from such
1091 other sources as the city or town clerk or engineer deems
1092 reliable, proof of such mailing to be made by the affidavit of
1093 the clerk or deputy clerk of said municipality, or by the
1094 engineer, said proof to be filed with the clerk, provided, that
1095 failure to mail said notice or notices shall not invalidate any
1096 of the proceedings hereunder. Notice of the time and place of
1097 such hearing shall also be given by two publications a week
1098 apart in a newspaper of general circulation in said municipality
1099 or by publication daily for 2 weeks on a publicly accessible
1100 website maintained by the municipality, and if there is be no
1101 website or newspaper published in said municipality, the
1102 governing authority of said municipality shall cause said notice
1103 to be published in like manner in a newspaper of general
1104 circulation published in the county in which said municipality
1105 is located; provided that the last publication shall be at least
1106 1 week before prior to the date of the hearing. Said notice
1107 shall describe the streets or other areas to be improved and
1108 advise all persons interested that the description of each
1109 property to be assessed and the amount to be assessed to each
1110 piece or parcel of property may be ascertained at the office of
1111 the clerk of the municipality. Such service by publication shall
1112 be verified by the affidavit of the publisher and filed with the
1113 clerk of said municipality.
1114 Section 38. Paragraph (b) of subsection (2) of section
1115 171.0413, Florida Statutes, is amended to read:
1116 171.0413 Annexation procedures.—Any municipality may annex
1117 contiguous, compact, unincorporated territory in the following
1118 manner:
1119 (2) Following the final adoption of the ordinance of
1120 annexation by the governing body of the annexing municipality,
1121 the ordinance shall be submitted to a vote of the registered
1122 electors of the area proposed to be annexed. The governing body
1123 of the annexing municipality may also choose to submit the
1124 ordinance of annexation to a separate vote of the registered
1125 electors of the annexing municipality. The referendum on
1126 annexation shall be called and conducted and the expense thereof
1127 paid by the governing body of the annexing municipality.
1128 (b) The governing body of the annexing municipality shall
1129 publish notice of the referendum on annexation at least once
1130 each week for 2 consecutive weeks immediately preceding the date
1131 of the referendum in a newspaper of general circulation in the
1132 area in which the referendum is to be held or daily during the 2
1133 weeks immediately preceding the date of the referendum on a
1134 publicly accessible website maintained by the annexing
1135 municipality. The notice shall give the ordinance number, the
1136 time and places for the referendum, and a brief, general
1137 description of the area proposed to be annexed. The description
1138 shall include a map clearly showing the area and a statement
1139 that the complete legal description by metes and bounds and the
1140 ordinance can be obtained from the office of the city clerk.
1141 Section 39. Subsections (3) and (7) of section 171.051,
1142 Florida Statutes, are amended to read:
1143 171.051 Contraction procedures.—Any municipality may
1144 initiate the contraction of municipal boundaries in the
1145 following manner:
1146 (3) After introduction, the contraction ordinance shall be
1147 noticed at least once per week for 2 consecutive weeks in a
1148 newspaper of general circulation in the municipality or
1149 published daily during the 2 consecutive weeks immediately
1150 preceding the date of the meeting on a publicly accessible
1151 website maintained by the municipality, such notice to describe
1152 the area to be excluded. Such description shall include a
1153 statement of findings to show that the area to be excluded fails
1154 to meet the criteria of s. 171.043, set the time and place of
1155 the meeting at which the ordinance will be considered, and
1156 advise that all parties affected may be heard.
1157 (7) The municipal governing body shall establish the date
1158 of election and publish notice of the referendum election at
1159 least once a week for the 2 consecutive weeks immediately
1160 preceding prior to the election in a newspaper of general
1161 circulation in the area proposed to be excluded or in the
1162 municipality or daily during the 2 consecutive weeks immediately
1163 preceding the date of the meeting on a publicly accessible
1164 website maintained by the municipality. Such notice shall give
1165 the time and places for the election and a general description
1166 of the area to be excluded, which shall be in the form of a map
1167 clearly showing the area proposed to be excluded.
1168 Section 40. Subsection (1) of section 173.09, Florida
1169 Statutes, is amended to read:
1170 173.09 Judgment for complainant; special magistrate's sale;
1171 complainant may purchase and later sell.—
1172 (1) Any such decree shall direct the special magistrate
1173 thereby appointed to sell the several parcels of land separately
1174 to the highest and best bidder for cash (or, at the option of
1175 complainant, to the extent of special assessments included in
1176 such judgment, for bonds or interest coupons issued by
1177 complainant), at public outcry at the courthouse door of the
1178 county in which such suit is pending, or at such point or place
1179 in the complainant municipality as the court in such final
1180 decree may direct, after having advertised such sale (which
1181 advertisement may include all lands so ordered sold) once each
1182 week for 2 consecutive weeks in some newspaper published in the
1183 city or town in which the complainant is situated or publishing
1184 notice of the sale every day for 2 consecutive weeks on a
1185 publicly accessible website maintained by the municipality, or
1186 if there is no such website or newspaper, in a newspaper
1187 published in the county in which the suit is pending, and if all
1188 the lands so advertised for sale be not sold on the day
1189 specified in such advertisement, such sale shall be continued
1190 from day to day until the sale of all such land is completed.
1191 Section 41. Subsection (4) of section 177.101, Florida
1192 Statutes, is amended to read:
1193 177.101 Vacation and annulment of plats subdividing land.—
1194 (4) Persons making application for vacations of plats
1195 either in whole or in part shall give notice of their intention
1196 to apply to the governing body of the county to vacate said plat
1197 by publishing legal notice in a newspaper of general circulation
1198 in the county in which the tract or parcel of land is located,
1199 in not less than two weekly issues of said paper, or daily for 2
1200 weeks on a publicly accessible website maintained by the local
1201 government, and must attach to the petition for vacation the
1202 proof of such publication, together with certificates showing
1203 that all state and county taxes have been paid. For the purpose
1204 of the tax collector's certification that state, county, and
1205 municipal taxes have been paid, the taxes shall be deemed to
1206 have been paid if, in addition to any partial payment under s.
1207 194.171, the owner of the platted lands sought to be vacated
1208 shall post a cash bond, approved by the tax collector of the
1209 county where the land is located and by the Department of
1210 Revenue, conditioned to pay the full amount of any judgment
1211 entered pursuant to s. 194.192 adverse to the person making
1212 partial payment, including all costs, interest, and penalties.
1213 The circuit court shall fix the amount of said bond by order,
1214 after considering the reasonable timeframe for such litigation
1215 and all other relevant factors; and a certified copy of such
1216 approval, order, and cash bond shall be attached to the
1217 application. If such tract or parcel of land is within the
1218 corporate limits of any incorporated city or town, the governing
1219 body of the county shall be furnished with a certified copy of a
1220 resolution of the town council or city commission, as the case
1221 may be, showing that it has already by suitable resolution
1222 vacated such plat or subdivision or such part thereof sought to
1223 be vacated.
1224 Section 42. Section 180.09, Florida Statutes, is amended to
1225 read:
1226 180.09 Notice of resolution or ordinance authorizing
1227 issuance of certificates.—Upon the adoption of resolution or
1228 ordinance by the city council, or other legislative body, by
1229 whatever name known, authorizing the issuance of mortgage
1230 revenue certificates or debentures, a notice thereof shall be
1231 published once a week for 2 consecutive weeks in a newspaper of
1232 general circulation in the county in which the municipality is
1233 located or daily for 2 consecutive weeks on a publicly
1234 accessible website maintained by the municipality, or posted by
1235 posting a notice in at least three conspicuous places within the
1236 limits of the municipality, one of which shall be posted at the
1237 door of the city hall or city offices; provided, that if any of
1238 the mortgage revenue certificates or debentures are to be
1239 purchased by the United States of America, or any
1240 instrumentality or subdivision thereof, it shall not be
1241 necessary to advertise or offer the same for sale by competitive
1242 bidding.
1243 Section 43. Subsection (1) of section 180.24, Florida
1244 Statutes, is amended to read:
1245 180.24 Contracts for construction; bond; publication of
1246 notice; bids.—
1247 (1) Any municipality desiring the accomplishment of any or
1248 all of the purposes of this chapter may make contracts for the
1249 construction of any of the utilities mentioned in this chapter,
1250 or any extension or extensions to any previously constructed
1251 utility, which said contracts shall be in writing, and the
1252 contractor shall be required to give bond, which said bond shall
1253 be executed by a surety company authorized to do business in the
1254 state; provided, however, construction contracts in excess of
1255 $25,000 shall be advertised by the publication of a notice in a
1256 newspaper of general circulation in the county in which said
1257 municipality is located at least once each week for 2
1258 consecutive weeks, by publication daily for 2 weeks on a
1259 publicly accessible website maintained by the municipality, or
1260 by posting three notices in three conspicuous places in said
1261 municipality, one of which shall be on the door of the city
1262 hall; and that at least 10 days shall elapse between the date of
1263 the first publication or posting of such notice and the date of
1264 receiving bids and the execution of such contract documents. For
1265 municipal construction projects identified in s. 255.0525, the
1266 notice provision of that section supersedes and replaces the
1267 notice provisions in this section.
1268 Section 44. Paragraph (b) of subsection (1) of section
1269 189.4044, Florida Statutes, is amended to read:
1270 189.4044 Special procedures for inactive districts.—
1271 (1) The department shall declare inactive any special
1272 district in this state by documenting that:
1273 (b) The department, special district, or local general
1274 purpose government published a notice of proposed declaration of
1275 inactive status on a publicly accessible website maintained by
1276 the entity responsible for publication or in a newspaper of
1277 general circulation in the county or municipality in which the
1278 territory of the special district is located and sent a copy of
1279 such notice by certified mail to the registered agent or chair
1280 of the board, if any. Such notice must include the name of the
1281 special district, the law under which it was organized and
1282 operating, a general description of the territory included in
1283 the special district, and a statement that any objections must
1284 be filed pursuant to chapter 120 within 21 days after the
1285 publication date; and
1286 Section 45. Subsection (1) of section 189.417, Florida
1287 Statutes, is amended to read:
1288 189.417 Meetings; notice; required reports.—
1289 (1) The governing body of each special district shall file
1290 quarterly, semiannually, or annually a schedule of its regular
1291 meetings with the local governing authority or authorities. The
1292 schedule shall include the date, time, and location of each
1293 scheduled meeting. The schedule shall be published quarterly,
1294 semiannually, or annually in a newspaper of general paid
1295 circulation in the manner required in this subsection. The
1296 governing body of an independent special district shall
1297 advertise the day, time, place, and purpose of any meeting other
1298 than a regular meeting or any recessed and reconvened meeting of
1299 the governing body, at least 7 days before prior to such
1300 meeting, in a newspaper of general paid circulation in the
1301 county or counties in which the special district is located, or
1302 daily during the 7 days immediately preceding the meeting on a
1303 publicly accessible website maintained by the district, unless a
1304 bona fide emergency situation exists, in which case a meeting to
1305 deal with the emergency may be held as necessary, with
1306 reasonable notice, so long as it is subsequently ratified by the
1307 board. No approval of the annual budget shall be granted at an
1308 emergency meeting. If the advertisement is published in a
1309 newspaper, the advertisement shall be placed in that portion of
1310 the newspaper where legal notices and classified advertisements
1311 appear and. The advertisement shall appear in a newspaper that
1312 is published at least 5 days a week, unless the only newspaper
1313 in the county is published fewer than 5 days a week. The
1314 newspaper selected must be one of general interest and
1315 readership in the community and not one of limited subject
1316 matter, pursuant to chapter 50. Any other provision of law to
1317 the contrary notwithstanding, and except in the case of
1318 emergency meetings, water management districts may provide
1319 reasonable notice of public meetings held to evaluate responses
1320 to solicitations issued by the water management district, by
1321 publication in a newspaper of general paid circulation in the
1322 county where the principal office of the water management
1323 district is located, or in the county or counties where the
1324 public work will be performed, no less than 7 days before such
1325 meeting or on a publicly accessible website maintained by the
1326 district during the 7 days immediately preceding the meeting.
1327 Section 46. Paragraph (a) of subsection (2) of section
1328 190.006, Florida Statutes, is amended to read:
1329 190.006 Board of supervisors; members and meetings.—
1330 (2)(a) Within 90 days following the effective date of the
1331 rule or ordinance establishing the district, there shall be held
1332 a meeting of the landowners of the district for the purpose of
1333 electing five supervisors for the district. Notice of the
1334 landowners' meeting shall be published once a week for 2
1335 consecutive weeks in a newspaper which is in general circulation
1336 in the area of the district, the last day of such publication to
1337 be not fewer than 14 days or more than 28 days before the date
1338 of the election, or published daily during the 28 days
1339 immediately preceding the date of the election on a publicly
1340 accessible website maintained by the district. The landowners,
1341 when assembled at such meeting, shall organize by electing a
1342 chair who shall conduct the meeting. The chair may be any person
1343 present at the meeting. If the chair is a landowner or proxy
1344 holder of a landowner, he or she may nominate candidates and
1345 make and second motions.
1346 Section 47. Subsection (1) of section 190.033, Florida
1347 Statutes, is amended to read:
1348 190.033 Bids required.—
1349 (1) No contract shall be let by the board for any goods,
1350 supplies, or materials to be purchased when the amount thereof
1351 to be paid by the district shall exceed the amount provided in
1352 s. 287.017 for category four, unless notice of bids or other
1353 competitive solicitation, including requests for proposals or
1354 qualifications, is advertised once in a newspaper in general
1355 circulation in the county and in the district or on a publicly
1356 accessible website maintained by the district. Any board seeking
1357 to construct or improve a public building, structure, or other
1358 public works shall comply with the bidding procedures of s.
1359 255.20 and other applicable general law. In each case, the bid
1360 of the lowest responsive and responsible bidder shall be
1361 accepted unless all bids are rejected because the bids are too
1362 high, or the board determines it is in the best interests of the
1363 district to reject all bids. In each case in which requests for
1364 proposals, qualifications, or other competitive solicitations
1365 are used, the district shall determine which response is most
1366 advantageous for the district and award the contract to that
1367 proposer. The board may require the bidders or proposers to
1368 furnish bond with a responsible surety to be approved by the
1369 board. If the district does not receive a response to its
1370 competitive solicitation, the district may proceed to purchase
1371 such goods, supplies, materials, or construction services in the
1372 manner it deems in the best interests of the district. Nothing
1373 in this section shall prevent the board from undertaking and
1374 performing the construction, operation, and maintenance of any
1375 project or facility authorized by this act by the employment of
1376 labor, material, and machinery.
1377 Section 48. Subsection (4) of section 191.005, Florida
1378 Statutes, is amended to read:
1379 191.005 District boards of commissioners; membership,
1380 officers, meetings.—
1381 (4) Members of the board may each be paid a salary or
1382 honorarium to be determined by at least a majority plus one vote
1383 of the board, which salary or honorarium may not exceed $500 per
1384 month for each member. Special notice of any meeting at which
1385 the board will consider a salary change for a board member shall
1386 be published at least once, at least 14 days before prior to the
1387 meeting, in a newspaper of general circulation in the county in
1388 which the district is located or daily during the 14 days
1389 immediately preceding the meeting on a publicly accessible
1390 website maintained by the district. Separate compensation for
1391 the board member serving as treasurer may be authorized by like
1392 vote so long as total compensation for the board member does not
1393 exceed $500 per month. Members may be reimbursed for travel and
1394 per diem expenses as provided in s. 112.061.
1395 Section 49. Paragraph (i) of subsection (1) of section
1396 192.0105, Florida Statutes, is amended to read:
1397 192.0105 Taxpayer rights.—There is created a Florida
1398 Taxpayer's Bill of Rights for property taxes and assessments to
1399 guarantee that the rights, privacy, and property of the
1400 taxpayers of this state are adequately safeguarded and protected
1401 during tax levy, assessment, collection, and enforcement
1402 processes administered under the revenue laws of this state. The
1403 Taxpayer's Bill of Rights compiles, in one document, brief but
1404 comprehensive statements that summarize the rights and
1405 obligations of the property appraisers, tax collectors, clerks
1406 of the court, local governing boards, the Department of Revenue,
1407 and taxpayers. Additional rights afforded to payors of taxes and
1408 assessments imposed under the revenue laws of this state are
1409 provided in s. 213.015. The rights afforded taxpayers to assure
1410 that their privacy and property are safeguarded and protected
1411 during tax levy, assessment, and collection are available only
1412 insofar as they are implemented in other parts of the Florida
1413 Statutes or rules of the Department of Revenue. The rights so
1414 guaranteed to state taxpayers in the Florida Statutes and the
1415 departmental rules include:
1416 (1) THE RIGHT TO KNOW.—
1417 (i) The right to an advertisement in a newspaper or on a
1418 publicly accessible website maintained by the entity responsible
1419 for publication listing names of taxpayers who are delinquent in
1420 paying tangible personal property taxes, with amounts due, and
1421 giving notice that interest is accruing at 18 percent and that,
1422 unless taxes are paid, warrants will be issued, prior to
1423 petition made with the circuit court for an order to seize and
1424 sell property (see s. 197.402(2)).
1425 Section 50. Subsection (1) of section 194.037, Florida
1426 Statutes, is amended to read:
1427 194.037 Disclosure of tax impact.—
1428 (1) After hearing all petitions, complaints, appeals, and
1429 disputes, the clerk shall make public notice of the findings and
1430 results of the board. If advertised in the newspaper, the
1431 advertisement shall be in at least a quarter-page size
1432 advertisement of a standard size or tabloid size newspaper, and
1433 the headline shall be in a type no smaller than 18 point. If
1434 advertised in the newspaper, the advertisement shall not be
1435 placed in that portion of the newspaper where legal notices and
1436 classified advertisements appear. The advertisement shall be
1437 published in a newspaper of general paid circulation in the
1438 county or on a publicly accessible website maintained by the
1439 entity responsible for publication. If the advertisement is
1440 published in a newspaper, the newspaper selected shall be one of
1441 general interest and readership in the community, and not one of
1442 limited subject matter, pursuant to chapter 50. The headline
1443 shall read: TAX IMPACT OF VALUE ADJUSTMENT BOARD. The public
1444 notice shall list the members of the value adjustment board and
1445 the taxing authorities to which they are elected. The form shall
1446 show, in columnar form, for each of the property classes listed
1447 under subsection (2), the following information, with
1448 appropriate column totals:
1449 (a) In the first column, the number of parcels for which
1450 the board granted exemptions that had been denied or that had
1451 not been acted upon by the property appraiser.
1452 (b) In the second column, the number of parcels for which
1453 petitions were filed concerning a property tax exemption.
1454 (c) In the third column, the number of parcels for which
1455 the board considered the petition and reduced the assessment
1456 from that made by the property appraiser on the initial
1457 assessment roll.
1458 (d) In the fourth column, the number of parcels for which
1459 petitions were filed but not considered by the board because
1460 such petitions were withdrawn or settled prior to the board's
1461 consideration.
1462 (e) In the fifth column, the number of parcels for which
1463 petitions were filed requesting a change in assessed value,
1464 including requested changes in assessment classification.
1465 (f) In the sixth column, the net change in taxable value
1466 from the assessor's initial roll which results from board
1467 decisions.
1468 (g) In the seventh column, the net shift in taxes to
1469 parcels not granted relief by the board. The shift shall be
1470 computed as the amount shown in column 6 multiplied by the
1471 applicable millage rates adopted by the taxing authorities in
1472 hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
1473 the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
1474 Constitution, but without adjustment as authorized pursuant to
1475 s. 200.065(6). If for any taxing authority the hearing has not
1476 been completed at the time the notice required herein is
1477 prepared, the millage rate used shall be that adopted in the
1478 hearing held pursuant to s. 200.065(2)(c).
1479 Section 51. Paragraph (a) of subsection (3) of section
1480 197.3632, Florida Statutes, is amended to read:
1481 197.3632 Uniform method for the levy, collection, and
1482 enforcement of non-ad valorem assessments.—
1483 (3)(a) Notwithstanding any other provision of law to the
1484 contrary, a local government which is authorized to impose a
1485 non-ad valorem assessment and which elects to use the uniform
1486 method of collecting such assessment for the first time as
1487 authorized in this section shall adopt a resolution at a public
1488 hearing before prior to January 1 or, if the property appraiser,
1489 tax collector, and local government agree, March 1. The
1490 resolution shall clearly state its intent to use the uniform
1491 method of collecting such assessment. The local government shall
1492 publish notice of its intent to use the uniform method for
1493 collecting such assessment weekly in a newspaper of general
1494 circulation within each county contained in the boundaries of
1495 the local government for 4 consecutive weeks preceding the
1496 hearing or daily during the 4 consecutive weeks immediately
1497 preceding the hearing on a publicly accessible website
1498 maintained by the local government. The resolution shall state
1499 the need for the levy and shall include a legal description of
1500 the boundaries of the real property subject to the levy. If the
1501 resolution is adopted, the local governing board shall send a
1502 copy of it by United States mail to the property appraiser, the
1503 tax collector, and the department by January 10 or, if the
1504 property appraiser, tax collector, and local government agree,
1505 March 10.
1506 Section 52. Paragraphs (d) and (f) of subsection (2),
1507 paragraph (g) of subsection (3), paragraph (b) of subsection
1508 (12), and paragraph (a) of subsection (14) of section 200.065,
1509 Florida Statutes, are amended to read:
1510 200.065 Method of fixing millage.—
1511 (2) No millage shall be levied until a resolution or
1512 ordinance has been approved by the governing board of the taxing
1513 authority which resolution or ordinance must be approved by the
1514 taxing authority according to the following procedure:
1515 (d) Within 15 days after the meeting adopting the tentative
1516 budget, the taxing authority shall advertise in a newspaper of
1517 general circulation in the county as provided in subsection (3),
1518 its intent to finally adopt a millage rate and budget or
1519 advertise on its publicly accessible website its intent to
1520 finally adopt a millage rate and budget, and shall maintain the
1521 notice on its website until completion of the hearing. If
1522 advertised in a newspaper, a public hearing to finalize the
1523 budget and adopt a millage rate shall be held not less than 2
1524 days nor more than 5 days after the day that the advertisement
1525 is first published. During the hearing, the governing body of
1526 the taxing authority shall amend the adopted tentative budget as
1527 it sees fit, adopt a final budget, and adopt a resolution or
1528 ordinance stating the millage rate to be levied. The resolution
1529 or ordinance shall state the percent, if any, by which the
1530 millage rate to be levied exceeds the rolled-back rate computed
1531 pursuant to subsection (1), which shall be characterized as the
1532 percentage increase in property taxes adopted by the governing
1533 body. The adoption of the budget and the millage-levy resolution
1534 or ordinance shall be by separate votes. For each taxing
1535 authority levying millage, the name of the taxing authority, the
1536 rolled-back rate, the percentage increase, and the millage rate
1537 to be levied shall be publicly announced before prior to the
1538 adoption of the millage-levy resolution or ordinance. In no
1539 event may The millage rate adopted pursuant to this paragraph
1540 may not exceed the millage rate tentatively adopted pursuant to
1541 paragraph (c). If the rate tentatively adopted pursuant to
1542 paragraph (c) exceeds the proposed rate provided to the property
1543 appraiser pursuant to paragraph (b), or as subsequently adjusted
1544 pursuant to subsection (11), each taxpayer within the
1545 jurisdiction of the taxing authority shall be sent notice by
1546 first-class mail of his or her taxes under the tentatively
1547 adopted millage rate and his or her taxes under the previously
1548 proposed rate. The notice must be prepared by the property
1549 appraiser, at the expense of the taxing authority, and must
1550 generally conform to the requirements of s. 200.069. If such
1551 additional notice is necessary, its mailing must precede the
1552 hearing held pursuant to this paragraph by not less than 10 days
1553 and not more than 15 days.
1554 (f)1. Notwithstanding any provisions of paragraph (c) to
1555 the contrary, each school district shall advertise its intent to
1556 adopt a tentative budget in a newspaper of general circulation
1557 pursuant to subsection (3) or on the school district’s publicly
1558 accessible website within 29 days of certification of value
1559 pursuant to subsection (1). Not less than 2 days or more than 5
1560 days thereafter, the district shall hold a public hearing on the
1561 tentative budget pursuant to the applicable provisions of
1562 paragraph (c). The advertisement shall remain on the website or
1563 in the newspaper through the date of the hearing.
1564 2. Notwithstanding any provisions of paragraph (b) to the
1565 contrary, each school district shall advise the property
1566 appraiser of its recomputed proposed millage rate within 35 days
1567 of certification of value pursuant to subsection (1). The
1568 recomputed proposed millage rate of the school district shall be
1569 considered its proposed millage rate for the purposes of
1570 paragraph (b).
1571 3. Notwithstanding any provisions of paragraph (d) to the
1572 contrary, each school district shall hold a public hearing to
1573 finalize the budget and adopt a millage rate within 80 days of
1574 certification of value pursuant to subsection (1), but not
1575 earlier than 65 days after certification. The hearing shall be
1576 held in accordance with the applicable provisions of paragraph
1577 (d), except that a newspaper advertisement need not precede the
1578 hearing.
1579 (3) The advertisement shall be no less than one-quarter
1580 page in size of a standard size or a tabloid size newspaper, and
1581 the headline in the advertisement shall be in a type no smaller
1582 than 18 point. The advertisement shall not be placed in that
1583 portion of the newspaper where legal notices and classified
1584 advertisements appear. The advertisement shall be published in a
1585 newspaper of general paid circulation in the county or in a
1586 geographically limited insert of such newspaper. The geographic
1587 boundaries in which such insert is circulated shall include the
1588 geographic boundaries of the taxing authority. It is the
1589 legislative intent that, whenever possible, the advertisement
1590 appear in a newspaper that is published at least 5 days a week
1591 unless the only newspaper in the county is published less than 5
1592 days a week, or that the advertisement appear in a
1593 geographically limited insert of such newspaper which insert is
1594 published throughout the taxing authority's jurisdiction at
1595 least twice each week. It is further the legislative intent that
1596 the newspaper selected be one of general interest and readership
1597 in the community and not one of limited subject matter, pursuant
1598 to chapter 50.
1599 (g) If In the event that the mailing of the notice of
1600 proposed property taxes is delayed beyond September 3 in a
1601 county, any multicounty taxing authority which levies ad valorem
1602 taxes within that county shall advertise its intention to adopt
1603 a tentative budget and millage rate on a publicly accessible
1604 website maintained by the taxing authority or in a newspaper of
1605 paid general circulation within that county, as provided in this
1606 subsection, and shall hold the hearing required pursuant to
1607 paragraph (2)(c). If advertised in the newspaper, the hearing
1608 shall be held not less than 2 days or more than 5 days
1609 thereafter, and not later than September 18. If advertised on
1610 the website, the hearing shall be held not less than 2 days
1611 after initial publication of the advertisement on the website
1612 and not later than September 18, and shall remain on the website
1613 until the date of the hearing. The advertisement shall be in the
1614 following form, unless the proposed millage rate is less than or
1615 equal to the rolled-back rate, computed pursuant to subsection
1616 (1), in which case the advertisement shall be as provided in
1617 paragraph (e):
1618 NOTICE OF TAX INCREASE
1619
1620 The ...(name of the taxing authority)... proposes to
1621 increase its property tax levy by ...(percentage of increase
1622 over rolled-back rate)... percent.
1623 All concerned citizens are invited to attend a public
1624 hearing on the proposed tax increase to be held on ...(date and
1625 time)... at ...(meeting place)....
1626 (12) The time periods specified in this section shall be
1627 determined by using the date of certification of value pursuant
1628 to subsection (1) or July 1, whichever date is later, as day 1.
1629 The time periods shall be considered directory and may be
1630 shortened, provided:
1631 (b) Any public hearing preceded by a newspaper
1632 advertisement is held not less than 2 days or more than 5 days
1633 following publication of such advertisement or any public
1634 hearing preceded by advertisement on a website advertisement is
1635 held not less than 2 days after initial publication; and
1636 (14)(a) If the notice of proposed property taxes mailed to
1637 taxpayers under this section contains an error, the property
1638 appraiser, in lieu of mailing a corrected notice to all
1639 taxpayers, may correct the error by mailing a short form of the
1640 notice to those taxpayers affected by the error and its
1641 correction. The notice shall be prepared by the property
1642 appraiser at the expense of the taxing authority which caused
1643 the error or at the property appraiser's expense if he or she
1644 caused the error. The form of the notice must be approved by the
1645 executive director of the Department of Revenue or the executive
1646 director's designee. If the error involves only the date and
1647 time of the public hearings required by this section, the
1648 property appraiser, with the permission of the taxing authority
1649 affected by the error, may correct the error by advertising the
1650 corrected information on a publicly accessible website
1651 maintained by the taxing authority or in a newspaper of general
1652 circulation in the county as provided in subsection (3).
1653 Section 53. Section 205.032, Florida Statutes, is amended
1654 to read:
1655 205.032 Levy; counties.—The governing body of a county may
1656 levy, by appropriate resolution or ordinance, a business tax for
1657 the privilege of engaging in or managing any business,
1658 profession, or occupation within its jurisdiction. However, the
1659 governing body must first give at least 14 days' public notice
1660 between the first and last reading of the resolution or
1661 ordinance by publishing a notice in a newspaper of general
1662 circulation within its jurisdiction or by publishing the notice
1663 daily for at least 14 days during the period between the first
1664 and last reading of the resolution or ordinance on a publicly
1665 accessible website maintained by the county as defined by law.
1666 The public notice must contain the proposed classifications and
1667 rates applicable to the business tax.
1668 Section 54. Section 205.042, Florida Statutes, is amended
1669 to read:
1670 205.042 Levy; municipalities.—The governing body of an
1671 incorporated municipality may levy, by appropriate resolution or
1672 ordinance, a business tax for the privilege of engaging in or
1673 managing any business, profession, or occupation within its
1674 jurisdiction. However, the governing body must first give at
1675 least 14 days' public notice between the first and last reading
1676 of the resolution or ordinance by publishing the notice in a
1677 newspaper of general circulation within its jurisdiction or by
1678 publishing the notice daily for at least 14 days during the
1679 period between the first and last reading of the resolution or
1680 ordinance on a publicly accessible website maintained by the
1681 county as defined by law. The notice must contain the proposed
1682 classifications and rates applicable to the business tax. The
1683 business tax may be levied on:
1684 (1) Any person who maintains a permanent business location
1685 or branch office within the municipality, for the privilege of
1686 engaging in or managing any business within its jurisdiction.
1687 (2) Any person who maintains a permanent business location
1688 or branch office within the municipality, for the privilege of
1689 engaging in or managing any profession or occupation within its
1690 jurisdiction.
1691 (3) Any person who does not qualify under subsection (1) or
1692 subsection (2) and who transacts any business or engages in any
1693 occupation or profession in interstate commerce, if the business
1694 tax is not prohibited by s. 8, Art. I of the United States
1695 Constitution.
1696 Section 55. Subsection (2) of section 255.0525, Florida
1697 Statutes, is amended to read:
1698 255.0525 Advertising for competitive bids or proposals.—
1699 (2) The solicitation of competitive bids or proposals for
1700 any county, municipality, or other political subdivision
1701 construction project that is projected to cost more than
1702 $200,000 shall be publicly advertised at least once in a
1703 newspaper of general circulation in the county where the project
1704 is located at least 21 days before prior to the established bid
1705 opening and at least 5 days before prior to any scheduled prebid
1706 conference, or advertised daily during the 21-day period
1707 immediately preceding the established bid opening date and daily
1708 during the 5-day period immediately preceding any scheduled
1709 prebid conference on a publicly accessible website maintained by
1710 the entity responsible for publication. The solicitation of
1711 competitive bids or proposals for any county, municipality, or
1712 other political subdivision construction project that is
1713 projected to cost more than $500,000 shall be publicly
1714 advertised at least once in a newspaper of general circulation
1715 in the county where the project is located at least 30 days
1716 before prior to the established bid opening and at least 5 days
1717 before prior to any scheduled prebid conference, or advertised
1718 daily during the 30-day period immediately preceding the
1719 established bid opening date and daily during the 5-day period
1720 immediately preceding any scheduled prebid conference on a
1721 publicly accessible website maintained by the entity responsible
1722 for publication. Bids or proposals shall be received and opened
1723 at the location, date, and time established in the bid or
1724 proposal advertisement. In cases of emergency, the procedures
1725 required in this section may be altered by the local
1726 governmental entity in any manner that is reasonable under the
1727 emergency circumstances.
1728 Section 56. Section 274.06, Florida Statutes, is amended to
1729 read:
1730 274.06 Alternative procedure.—Having consideration for the
1731 best interests of the county or district, a governmental unit's
1732 property that is obsolete or the continued use of which is
1733 uneconomical or inefficient, or which serves no useful function,
1734 which property is not otherwise lawfully disposed of, may be
1735 disposed of for value to any person, or may be disposed of for
1736 value without bids to the state, to any governmental unit, or to
1737 any political subdivision as defined in s. 1.01, or if the
1738 property is without commercial value it may be donated,
1739 destroyed, or abandoned. The determination of property to be
1740 disposed of by a governmental unit pursuant to this section
1741 instead of pursuant to other provisions of law shall be at the
1742 election of such governmental unit in the reasonable exercise of
1743 its discretion. Property, the value of which the governmental
1744 unit estimates to be under $5,000, may be disposed of in the
1745 most efficient and cost-effective means as determined by the
1746 governmental unit. Any sale of property the value of which the
1747 governmental unit estimates to be $5,000 or more shall be sold
1748 only to the highest responsible bidder, or by public auction,
1749 after publication of notice not less than 1 week nor more than 2
1750 weeks before such prior to sale in a newspaper having a general
1751 circulation in the county or district in which is located the
1752 official office of the governmental unit, and in additional
1753 newspapers if in the judgment of the governmental unit the best
1754 interests of the county or district will better be served by the
1755 additional notices, or daily during the 2 weeks immediately
1756 preceding such sale on a publicly accessible website maintained
1757 by the entity responsible for publication.; provided that
1758 Nothing herein contained shall be construed to require the
1759 sheriff of a county to advertise the sale of miscellaneous
1760 contraband of an estimated value of less than $5,000.
1761 Section 57. Subsections (2) and (6) of section 298.301,
1762 Florida Statutes, are amended to read:
1763 298.301 District water control plan adoption; district
1764 boundary modification; plan amendment; notice forms; objections;
1765 hearings; assessments.—
1766 (2) Before adopting a water control plan or plan amendment,
1767 the board of supervisors must adopt a resolution to consider
1768 adoption of the proposed plan or plan amendment. As soon as the
1769 resolution proposing the adoption or amendment of the district's
1770 water control plan has been filed with the district secretary,
1771 the board of supervisors shall give notice of a public hearing
1772 on the proposed plan or plan amendment by causing publication to
1773 be made once a week for 3 consecutive weeks in a newspaper of
1774 general circulation published in each county in which lands and
1775 other property described in the resolution are situated or by
1776 publication daily for 3 consecutive weeks on a publicly
1777 accessible website maintained by the entity responsible for such
1778 publication. The notice must be in substantially the following
1779 form:
1780
1781 Notice of Hearing
1782
1783 To the owners and all persons interested in the lands
1784 corporate, and other property in and adjacent to the ...name of
1785 district... District.
1786 You are notified that the ...name of district... District
1787 has filed in the office of the secretary of the district a
1788 resolution to consider approval of a water control plan or an
1789 amendment to the current water control plan to provide ...here
1790 insert a summary of the proposed water control plan or plan
1791 amendment.... On or before its scheduled meeting of ...(date and
1792 time)... at the district's offices located at ...(list address
1793 of offices)... written objections to the proposed plan or plan
1794 amendment may be filed at the district's offices. A public
1795 hearing on the proposed plan or plan amendment will be conducted
1796 at the scheduled meeting, and written objections will be
1797 considered at that time. At the conclusion of the hearing, the
1798 board of supervisors may determine to proceed with the process
1799 for approval of the proposed plan or plan amendment and direct
1800 the district engineer to prepare an engineer's report
1801 identifying any property to be taken, determining benefits and
1802 damages, and estimating the cost of implementing the
1803 improvements associated with the proposed plan or plan
1804 amendment. A final hearing on approval of the proposed plan or
1805 plan amendment and engineer's report shall be duly noticed and
1806 held at a regularly scheduled board of supervisors meeting at
1807 least 25 days but no later than 60 days after the last scheduled
1808 publication of the notice of filing of the engineer's report
1809 with the secretary of the district.
1810
1811 Date of first publication: ........, ...(year)...
1812 ............................................
1813 (Chair or President, Board of Supervisors)
1814 ................ County, Florida
1815 (6) Upon the filing of the engineer's report, the board of
1816 supervisors shall give notice thereof by arranging the
1817 publication of the notice of filing of the engineer's report
1818 together with a geographical depiction of the district once a
1819 week for 2 consecutive weeks in a newspaper of general
1820 circulation in each county in the district or by publishing such
1821 notice daily for 3 consecutive weeks on a publicly accessible
1822 website maintained by the entity responsible for such
1823 publication. A location map or legal description of the land
1824 shall constitute a geographical depiction. The notice must be
1825 substantially as follows:
1826 Notice of Filing Engineer's Report for
1827 ................ District
1828
1829 Notice is given to all persons interested in the following
1830 described land and property in ........ County (or Counties),
1831 Florida, viz.: ...(Here describe land and property)... included
1832 within the ............ district that the engineer hereto
1833 appointed to determine benefits and damages to the property and
1834 lands situated in the district and to determine the estimated
1835 cost of construction required by the water control plan, within
1836 or without the limits of the district, under the proposed water
1837 control plan or plan amendment, filed her or his report in the
1838 office of the secretary of the district, located at ...(list
1839 address of district offices)..., on the ........ day of
1840 ............, ...(year)..., and you may examine the report and
1841 file written objections with the secretary of the district to
1842 all, or any part thereof, on or before ......(enter date 20 days
1843 after the last scheduled publication of this notice, if
1844 published in the newspaper, or if published on the website,
1845 enter date 60 days after the initial publication on the website,
1846 which date must be before the date of the final hearing).... The
1847 report recommends ...(describe benefits and damages).... A final
1848 hearing to consider approval of the report and proposed water
1849 control plan or plan amendment shall be held ...(time, place,
1850 and date at least 25 days but no later than 60 days after the
1851 last scheduled newspaper publication of this notice, or if
1852 published on the website, no less than 60 days after the initial
1853 publication on the website)....
1854
1855 Date of first publication: ........, ...(year)...
1856 ............................................
1857 (Chair or President, Board of Supervisors)
1858 ................ County, Florida
1859 Section 58. Subsection (3) of section 348.243, Florida
1860 Statutes, is amended to read:
1861 348.243 Purposes and powers.—
1862 (3) Any provision in this part or any other provision of
1863 law to the contrary notwithstanding, the consent of any
1864 municipality is not necessary for any project of the authority,
1865 whether or not the project lies in whole or in part within the
1866 boundaries of the municipality. However, the officials and
1867 residents of any municipality in which any project of the
1868 authority is to be located, in whole or in part, shall be given
1869 ample opportunity to discuss the project and advise the
1870 authority as to their positions thereon at a duly advertised
1871 public hearing. Advertisement of the public hearing shall be by
1872 publication on a publicly accessible website maintained by the
1873 entity responsible for publication daily during the 2 weeks
1874 immediately preceding the public hearing, or by way of a
1875 newspaper published in Broward County and circulated in the
1876 affected municipality. If published in a newspaper, the legal
1877 notice and display advertisement shall be published at least 2
1878 weeks before the public hearing. Advertisement of the public
1879 hearing and shall contain the time and place of the public
1880 hearing and a short description of the subject to be discussed.
1881 The public hearing may be adjourned from time to time and set
1882 for a time and place certain without the necessity of further
1883 advertisement. In routing and locating any expressway or its
1884 interchanges in or through a municipality, the authority shall
1885 give due regard to the effect of such location on the
1886 municipality as a whole and shall not unreasonably split,
1887 divide, or otherwise separate areas of the municipality one from
1888 the other.
1889 Section 59. Subsection (4) of section 348.83, Florida
1890 Statutes, is amended to read:
1891 348.83 Purposes and powers.—
1892 (4) Anything in this part or any other provision of the law
1893 to the contrary notwithstanding, the consent of any municipality
1894 shall not be necessary for any project of the authority, whether
1895 or not the project lies within the boundaries of any
1896 municipality either in whole or in part. However, the officials
1897 and residents of any municipality in which any project of the
1898 authority is to be located in whole or in part shall be given
1899 ample opportunity to discuss the project and advise the
1900 authority as to their position thereon at a duly advertised
1901 public hearing. Advertisement of said public hearing shall be by
1902 publication on a publicly accessible website maintained by the
1903 entity responsible for publication daily during the 2 weeks
1904 immediately preceding the public hearing or by way of a
1905 newspaper published in Pasco County and circulated in the
1906 affected municipalities. If published in a newspaper, the Said
1907 legal advertisement shall be published once at least 2 weeks
1908 before prior to the public hearing. Advertisement of the public
1909 hearing and shall contain the time and place of the public
1910 hearing and a short description of the subject to be discussed.
1911 The public hearing may be adjourned from time to time and set
1912 for a time and place certain without necessity of further
1913 advertisement.
1914 Section 60. Subsection (3) of section 348.943, Florida
1915 Statutes, is amended to read:
1916 348.943 Purposes and powers.—
1917 (3) Any provision in this part or any other provision of
1918 law to the contrary notwithstanding, the consent of any
1919 municipality is not necessary for any project of the authority,
1920 whether or not the project lies in whole or in part within the
1921 boundaries of the municipality. However, the officials and
1922 residents of any municipality in which any project of the
1923 authority is to be located, in whole or in part, shall be given
1924 ample opportunity to discuss the project and advise the
1925 authority as to their positions thereon at a duly advertised
1926 public hearing. Advertisement of the public hearing shall be by
1927 publication on a publicly accessible website maintained by the
1928 entity responsible for publication daily during the 2 weeks
1929 immediately preceding the public hearing or by way of a
1930 newspaper published in St. Lucie County and circulated in the
1931 affected municipality. If published in a newspaper, the legal
1932 notice and display advertisement shall be published at least 2
1933 weeks before the public hearing. Advertisement of the public
1934 hearing and shall contain the time and place of the public
1935 hearing and a short description of the subject to be discussed.
1936 The public hearing may be adjourned from time to time and set
1937 for a time and place certain without the necessity of further
1938 advertisement. In routing and locating any expressway or its
1939 interchanges in or through a municipality, the authority shall
1940 give due regard to the effect of such location on the
1941 municipality as a whole and shall not unreasonably split,
1942 divide, or otherwise separate areas of the municipality one from
1943 the other.
1944 Section 61. Subsection (4) of section 348.953, Florida
1945 Statutes, is amended to read:
1946 348.953 Purposes and powers.—
1947 (4) Anything in this part or any other provision of the law
1948 to the contrary notwithstanding, the consent of any municipality
1949 shall not be necessary for any project of the authority, whether
1950 or not the project lies within the boundaries of any
1951 municipality, either in whole or in part. However, the officials
1952 and residents of any municipality in which any project of the
1953 authority is to be located, in whole or in part, shall be given
1954 ample opportunity to discuss the project and advise the
1955 authority as to their position thereon at a duly advertised
1956 public hearing. Advertisement of the public hearing shall be by
1957 publication on a publicly accessible website maintained by the
1958 entity responsible for publication daily during the 2 weeks
1959 immediately preceding the public hearing or by way of a
1960 newspaper published in Seminole County and circulated in the
1961 affected municipalities. If published in a newspaper, the legal
1962 advertisement shall be published once at least 2 weeks before
1963 prior to the public hearing. Advertisement of the public hearing
1964 and shall contain the time and place of the public hearing and a
1965 short description of the subject to be discussed. The public
1966 hearing may be adjourned from time to time and set for a time
1967 and place certain without necessity of further advertisement. In
1968 routing and locating any expressway or its interchanges in or
1969 through a municipality, the authority shall give due regard to
1970 the effect of such location on the municipality as a whole and
1971 shall not unreasonably split, divide, or otherwise separate
1972 areas of the municipality one from the other.
1973 Section 62. Subsection (3) of section 348.968, Florida
1974 Statutes, is amended to read:
1975 348.968 Purposes and powers.—
1976 (3) Any provision in this part or any other provision of
1977 law to the contrary notwithstanding, the consent of any
1978 municipality is not necessary for any project of the authority,
1979 whether or not the project lies in whole or in part within the
1980 boundaries of the municipality. However, the officials and
1981 residents of any municipality in which any project of the
1982 authority is to be located, in whole or in part, shall be given
1983 ample opportunity to discuss the project and advise the
1984 authority as to their positions thereon at a duly advertised
1985 public hearing. Advertisement of the public hearing shall be by
1986 publication on a publicly accessible website maintained by the
1987 entity responsible for publication daily during the 2 weeks
1988 immediately preceding the public hearing or by way of a
1989 newspaper published in Santa Rosa County and circulated in the
1990 affected municipality. If published in a newspaper, the legal
1991 notice and display advertisement shall be published at least 2
1992 weeks before the public hearing. Advertisement of the public
1993 hearing and shall contain the time and place of the public
1994 hearing and a short description of the subject to be discussed.
1995 The public hearing may be adjourned from time to time and set
1996 for a time and place certain without the necessity of further
1997 advertisement. In routing and locating any expressway or its
1998 interchanges in or through a municipality, the authority shall
1999 give due regard to the effect of such location on the
2000 municipality as a whole and shall not unreasonably split,
2001 divide, or otherwise separate areas of the municipality one from
2002 the other.
2003 Section 63. Paragraph (a) of subsection (2) of section
2004 350.81, Florida Statutes, is amended to read:
2005 350.81 Communications services offered by governmental
2006 entities.—
2007 (2)(a) A governmental entity that proposes to provide a
2008 communications service shall hold no less than two public
2009 hearings, which shall be held not less than 30 days apart. At
2010 least 30 days before the first of the two public hearings, the
2011 governmental entity must give notice of the hearing by
2012 publication in the predominant newspaper of general circulation
2013 in the area considered for service or by publication daily
2014 during the 30 days immediately preceding the first of the two
2015 public hearings on a publicly accessible website maintained by
2016 the entity responsible for such publication. At least 40 days
2017 before the first public hearing, the governmental entity must
2018 electronically provide notice to the Department of Revenue and
2019 the Public Service Commission, which shall post the notice on
2020 the department's and the commission's website to be available to
2021 the public. The Department of Revenue shall also send the notice
2022 by United States Postal Service to the known addresses for all
2023 dealers of communications services registered with the
2024 department under chapter 202 or provide an electronic
2025 notification, if the means are available, within 10 days after
2026 receiving the notice. The notice must include the time and place
2027 of the hearings and must state that the purpose of the hearings
2028 is to consider whether the governmental entity will provide
2029 communications services. The notice must include, at a minimum,
2030 the geographic areas proposed to be served by the governmental
2031 entity and the services, if any, which the governmental entity
2032 believes are not currently being adequately provided. The notice
2033 must also state that any dealer who wishes to do so may appear
2034 and be heard at the public hearings.
2035 Section 64. Paragraph (c) of subsection (8) of section
2036 373.4592, Florida Statutes, is amended to read:
2037 373.4592 Everglades improvement and management.—
2038 (8) SPECIAL ASSESSMENTS.—
2039 (c) The district shall publish notice of the certification
2040 of the non-ad valorem assessment roll pursuant to chapter 197 in
2041 a newspaper of general circulation in the counties wherein the
2042 assessment is being levied, within 1 week after the district
2043 certifies the non-ad valorem assessment roll to the tax
2044 collector pursuant to s. 197.3632(5) or on a publicly accessible
2045 website maintained by the district during the week after the
2046 district certifies the non-ad valorem assessment roll to the tax
2047 collector. The assessments levied pursuant to paragraph (a)
2048 shall be final and conclusive as to each lot or parcel unless
2049 the owner thereof shall, within 90 days of certification of the
2050 non-ad valorem assessment roll pursuant to s. 197.3632(5),
2051 commence an action in circuit court. Absent such commencement of
2052 an action within such period of time by an owner of a lot or
2053 parcel, such owner shall thereafter be estopped to raise any
2054 question related to the special benefit afforded the property or
2055 the reasonableness of the amount of the assessment. Except with
2056 respect to an owner who has commenced such an action, the non-ad
2057 valorem assessment roll as finally adopted and certified by the
2058 South Florida Water Management District to the tax collector
2059 pursuant to s. 197.3632(5) shall be competent and sufficient
2060 evidence that the assessments were duly levied and that all
2061 other proceedings adequate to the adoption of the non-ad valorem
2062 assessment roll were duly held, taken, and performed as required
2063 by s. 197.3632. If any assessment is abated in whole or in part
2064 by the court, the amount by which the assessment is so reduced
2065 may, by resolution of the governing board of the district, be
2066 payable from funds of the district legally available for that
2067 purpose, or at the discretion of the governing board of the
2068 district, assessments may be increased in the manner provided in
2069 s. 197.3632.
2070 Section 65. Subsection (2) of section 373.45924, Florida
2071 Statutes, is amended to read:
2072 373.45924 South Florida Water Management District;
2073 Everglades truth in borrowing.—
2074 (2) Whenever the South Florida Water Management District
2075 proposes to borrow or to otherwise finance with debt any fixed
2076 capital outlay projects or operating capital outlay for purposes
2077 pursuant to s. 373.4592, it shall develop the following
2078 documents to explain the issuance of a debt or obligation:
2079 (a) A summary of outstanding debt, including borrowing.
2080 (b) A statement of proposed financing, which shall include
2081 the following items:
2082 1. A listing of the purpose of the debt or obligation.
2083 2. The source of repayment of the debt or obligation.
2084 3. The principal amount of the debt or obligation.
2085 4. The interest rate on the debt or obligation.
2086 5. A schedule of annual debt service payments for each
2087 proposed debt or obligation.
2088 (c) A truth-in-borrowing statement, developed from the
2089 information compiled pursuant to this section, in substantially
2090 the following form:
2091
2092 The South Florida Water Management District is proposing to
2093 incur $...(insert principal)... of debt or obligation through
2094 borrowing for the purpose of ...(insert purpose).... This debt
2095 or obligation is expected to be repaid over a period of
2096 ...(insert term of issue from subparagraph (b)5.)... years from
2097 the following sources: ...(list sources).... At a forecasted
2098 interest rate of ...(insert rate of interest from subparagraph
2099 (b)4.)..., total interest paid over the life of the debt or
2100 obligation will be $...(insert sum of interest payments)....
2101 The truth-in-borrowing statement shall be published as a notice
2102 in one or more newspapers having a combined general circulation
2103 in the counties having land in the district or on a publicly
2104 accessible website maintained by the district. If advertised in
2105 a newspaper, such notice must be at least 6 inches square in
2106 size and shall not be placed in that portion of the newspaper
2107 where legal notices and classified advertisements appear.
2108 Section 66. Paragraphs (a), (b), (c), and (d) of subsection
2109 (3) of section 373.536, Florida Statutes, are amended to read:
2110 373.536 District budget and hearing thereon.—
2111 (3) BUDGET HEARINGS AND WORKSHOPS; NOTICE.—
2112 (a) Unless alternative notice requirements are otherwise
2113 provided by law, notice of all budget hearings conducted by the
2114 governing board or district staff must be published in a
2115 newspaper of general paid circulation in each county in which
2116 the district lies not less than 5 days nor more than 15 days
2117 before the hearing or published daily during the 15 days before
2118 the hearing on a publicly accessible website maintained by the
2119 district.
2120 (b) Budget workshops conducted for the public and not
2121 governed by s. 200.065 must be advertised in a newspaper of
2122 general paid circulation in the community or area in which the
2123 workshop will occur not less than 5 days nor more than 15 days
2124 before the workshop or published daily during the 15 days before
2125 the hearing on a publicly accessible website maintained by the
2126 district.
2127 (c) The tentative budget shall be adopted in accordance
2128 with the provisions of s. 200.065; however, if the mailing of
2129 the notice of proposed property taxes is delayed beyond
2130 September 3 in any county in which the district lies, the
2131 district shall advertise its intention to adopt a tentative
2132 budget and millage rate, pursuant to s. 200.065(3)(g), in a
2133 newspaper of general paid circulation in that county or on a
2134 publicly accessible website maintained by the district.
2135 (d) As provided in s. 200.065(2)(d), the board shall
2136 publish one or more notices of its intention to adopt a final
2137 budget for the district for the ensuing fiscal year. The notice
2138 shall appear adjacent to an advertisement that sets forth the
2139 tentative budget in a format meeting the budget summary
2140 requirements of s. 129.03(3)(b). The district shall not include
2141 expenditures of federal special revenues and state special
2142 revenues when preparing the statement required by s.
2143 200.065(3)(l). The notice and advertisement shall be published
2144 in one or more newspapers having a combined general paid
2145 circulation in each county in which the district lies or on a
2146 publicly accessible website maintained by the district.
2147 Districts may include explanatory phrases and examples in budget
2148 advertisements published under s. 200.065 to clarify or
2149 illustrate the effect that the district budget may have on ad
2150 valorem taxes.
2151 Section 67. Paragraphs (a) and (b) of subsection (2) of
2152 section 376.80, Florida Statutes, are amended to read:
2153 376.80 Brownfield program administration process.—
2154 (2)(a) If a local government proposes to designate a
2155 brownfield area that is outside community redevelopment areas,
2156 enterprise zones, empowerment zones, closed military bases, or
2157 designated brownfield pilot project areas, the local government
2158 shall adopt the resolution and conduct the public hearings in
2159 accordance with the requirements of subsection (1), except at
2160 least one of the required public hearings shall be conducted as
2161 close as reasonably practicable to the area to be designated to
2162 provide an opportunity for public input on the size of the area,
2163 the objectives for rehabilitation, job opportunities and
2164 economic developments anticipated, neighborhood residents'
2165 considerations, and other relevant local concerns. Notice of the
2166 public hearing must be made in a newspaper of general
2167 circulation in the area or on a publicly accessible website
2168 maintained by the local government. If published in a newspaper,
2169 and the notice must be at least 16 square inches in size. Notice
2170 of the public hearing, must be in ethnic newspapers or local
2171 community bulletins, must be posted in the affected area, and
2172 must be announced at a scheduled meeting of the local governing
2173 body before the actual public hearing. In determining the areas
2174 to be designated, the local government must consider:
2175 1. Whether the brownfield area warrants economic
2176 development and has a reasonable potential for such activities;
2177 2. Whether the proposed area to be designated represents a
2178 reasonably focused approach and is not overly large in
2179 geographic coverage;
2180 3. Whether the area has potential to interest the private
2181 sector in participating in rehabilitation; and
2182 4. Whether the area contains sites or parts of sites
2183 suitable for limited recreational open space, cultural, or
2184 historical preservation purposes.
2185 (b) A local government shall designate a brownfield area
2186 under the provisions of this act provided that:
2187 1. A person who owns or controls a potential brownfield
2188 site is requesting the designation and has agreed to
2189 rehabilitate and redevelop the brownfield site;
2190 2. The rehabilitation and redevelopment of the proposed
2191 brownfield site will result in economic productivity of the
2192 area, along with the creation of at least 5 new permanent jobs
2193 at the brownfield site that are full-time equivalent positions
2194 not associated with the implementation of the brownfield site
2195 rehabilitation agreement and that are not associated with
2196 redevelopment project demolition or construction activities
2197 pursuant to the redevelopment of the proposed brownfield site or
2198 area. However, the job creation requirement shall not apply to
2199 the rehabilitation and redevelopment of a brownfield site that
2200 will provide affordable housing as defined in s. 420.0004 or the
2201 creation of recreational areas, conservation areas, or parks;
2202 3. The redevelopment of the proposed brownfield site is
2203 consistent with the local comprehensive plan and is a
2204 permittable use under the applicable local land development
2205 regulations;
2206 4. Notice of the proposed rehabilitation of the brownfield
2207 area has been provided to neighbors and nearby residents of the
2208 proposed area to be designated, and the person proposing the
2209 area for designation has afforded to those receiving notice the
2210 opportunity for comments and suggestions about rehabilitation.
2211 Notice pursuant to this subparagraph must be made on a publicly
2212 accessible website maintained by the entity responsible for
2213 publication or in a newspaper of general circulation in the
2214 area. The notice must be, at least 16 square inches in size, and
2215 the notice must be posted in the affected area; and
2216 5. The person proposing the area for designation has
2217 provided reasonable assurance that he or she has sufficient
2218 financial resources to implement and complete the rehabilitation
2219 agreement and redevelopment of the brownfield site.
2220 Section 68. Subsection (3) of section 379.2425, Florida
2221 Statutes, is amended to read:
2222 379.2425 Spearfishing; definition; limitations; penalty.—
2223 (3) The Fish and Wildlife Conservation Commission shall
2224 have the power to establish restricted areas when it is
2225 determined that safety hazards exist or when needs are
2226 determined by biological findings. Restricted areas shall be
2227 established only after an investigation has been conducted and
2228 upon application by the governing body of the county or
2229 municipality in which the restricted areas are to be located and
2230 one publication in a local newspaper of general circulation in
2231 said county or municipality or on a publicly accessible website
2232 maintained by the entity responsible for publication, in
2233 addition to any other notice required by law. Before Prior to
2234 promulgation of regulations, the local governing body of the
2235 area affected shall agree to post and maintain notices in the
2236 area affected.
2237 Section 69. Paragraph (e) of subsection (25) of section
2238 380.06, Florida Statutes, is amended to read:
2239 380.06 Developments of regional impact.—
2240 (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
2241 (e) The local government shall schedule a public hearing
2242 within 60 days after receipt of the petition. The public hearing
2243 shall be advertised at least 30 days before prior to the
2244 hearing. In addition to the public hearing notice by the local
2245 government, the petitioner, except when the petitioner is a
2246 local government, shall provide actual notice to each person
2247 owning land within the proposed areawide development plan at
2248 least 30 days before prior to the hearing. If the petitioner is
2249 a local government, or local governments pursuant to an
2250 interlocal agreement, notice of the public hearing shall be
2251 provided by the publication of an advertisement on a publicly
2252 accessible website maintained by the entity responsible for
2253 publication or in a newspaper of general circulation that meets
2254 the requirements of this paragraph. The newspaper advertisement
2255 must be no less than one-quarter page in a standard size or
2256 tabloid size newspaper, and the headline in the newspaper
2257 advertisement must be in type no smaller than 18 point. The
2258 newspaper advertisement may shall not be published in that
2259 portion of the newspaper where legal notices and classified
2260 advertisements appear. The advertisement must be published on a
2261 publicly accessible website maintained by the entity responsible
2262 for publication or in a newspaper of general paid circulation in
2263 the county and of general interest and readership in the
2264 community, not one of limited subject matter, pursuant to
2265 chapter 50. Whenever possible, the newspaper advertisement must
2266 appear in a newspaper that is published at least 5 days a week,
2267 unless the only newspaper in the community is published less
2268 than 5 days a week. The advertisement must be in substantially
2269 the form used to advertise amendments to comprehensive plans
2270 pursuant to s. 163.3184. The local government shall specifically
2271 notify in writing the regional planning agency and the state
2272 land planning agency at least 30 days before prior to the public
2273 hearing. At the public hearing, all interested parties may
2274 testify and submit evidence regarding the petitioner's
2275 qualifications, the need for and benefits of an areawide
2276 development of regional impact, and such other issues relevant
2277 to a full consideration of the petition. If more than one local
2278 government has jurisdiction over the defined planning area in an
2279 areawide development plan, the local governments shall hold a
2280 joint public hearing. Such hearing shall address, at a minimum,
2281 the need to resolve conflicting ordinances or comprehensive
2282 plans, if any. The local government holding the joint hearing
2283 shall comply with the following additional requirements:
2284 1. The notice of the hearing shall be published at least 60
2285 days in advance of the hearing and shall specify where the
2286 petition may be reviewed.
2287 2. The notice shall be given to the state land planning
2288 agency, to the applicable regional planning agency, and to such
2289 other persons as may have been designated by the state land
2290 planning agency as entitled to receive such notices.
2291 3. A public hearing date shall be set by the appropriate
2292 local government at the next scheduled meeting.
2293 Section 70. Paragraph (a) of subsection (2) of section
2294 403.973, Florida Statutes, is amended to read:
2295 403.973 Expedited permitting; comprehensive plan
2296 amendments.—
2297 (2) As used in this section, the term:
2298 (a) “Duly noticed” means publication on a publicly
2299 accessible website maintained by the municipality or county with
2300 jurisdiction or in a newspaper of general circulation in the
2301 municipality or county with jurisdiction. If published in a
2302 newspaper, the notice shall appear on at least 2 separate days,
2303 one of which shall be at least 7 days before the meeting. If
2304 published on a publicly accessible website, the notice shall
2305 appear daily during the 7 days immediately preceding the
2306 meeting. The notice shall state the date, time, and place of the
2307 meeting scheduled to discuss or enact the memorandum of
2308 agreement, and the places within the municipality or county
2309 where such proposed memorandum of agreement may be inspected by
2310 the public. The newspaper notice must be one-eighth of a page in
2311 size and must be published in a portion of the paper other than
2312 the legal notices section. The notice shall also advise that
2313 interested parties may appear at the meeting and be heard with
2314 respect to the memorandum of agreement.
2315 Section 71. Paragraph (b) of subsection (4) of section
2316 420.9075, Florida Statutes, is amended to read:
2317 420.9075 Local housing assistance plans; partnerships.—
2318 (4) Each local housing assistance plan is governed by the
2319 following criteria and administrative procedures:
2320 (b) The county or eligible municipality or its
2321 administrative representative shall advertise the notice of
2322 funding availability in a newspaper of general circulation and
2323 periodicals serving ethnic and diverse neighborhoods, at least
2324 30 days before the beginning of the application period or daily
2325 during the 30 days immediately preceding the application period
2326 on a publicly accessible website maintained by the county or
2327 eligible municipality. If no funding is available due to a
2328 waiting list, no notice of funding availability is required.
2329 Section 72. Paragraph (b) of subsection (4) of section
2330 553.73, Florida Statutes, is amended to read:
2331 553.73 Florida Building Code.—
2332 (4)
2333 (b) Local governments may, subject to the limitations of
2334 this section, adopt amendments to the technical provisions of
2335 the Florida Building Code which apply solely within the
2336 jurisdiction of such government and which provide for more
2337 stringent requirements than those specified in the Florida
2338 Building Code, not more than once every 6 months. A local
2339 government may adopt technical amendments that address local
2340 needs if:
2341 1. The local governing body determines, following a public
2342 hearing which has been advertised in a newspaper of general
2343 circulation at least 10 days before the hearing or daily during
2344 the 10 days immediately preceding the hearing on a publicly
2345 accessible website maintained by the local government, that
2346 there is a need to strengthen the requirements of the Florida
2347 Building Code. The determination must be based upon a review of
2348 local conditions by the local governing body, which review
2349 demonstrates by evidence or data that the geographical
2350 jurisdiction governed by the local governing body exhibits a
2351 local need to strengthen the Florida Building Code beyond the
2352 needs or regional variation addressed by the Florida Building
2353 Code, that the local need is addressed by the proposed local
2354 amendment, and that the amendment is no more stringent than
2355 necessary to address the local need.
2356 2. Such additional requirements are not discriminatory
2357 against materials, products, or construction techniques of
2358 demonstrated capabilities.
2359 3. Such additional requirements may not introduce a new
2360 subject not addressed in the Florida Building Code.
2361 4. The enforcing agency shall make readily available, in a
2362 usable format, all amendments adopted pursuant to this section.
2363 5. Any amendment to the Florida Building Code shall be
2364 transmitted within 30 days by the adopting local government to
2365 the commission. The commission shall maintain copies of all such
2366 amendments in a format that is usable and obtainable by the
2367 public. Local technical amendments shall not become effective
2368 until 30 days after the amendment has been received and
2369 published by the commission.
2370 6. Any amendment to the Florida Building Code adopted by a
2371 local government pursuant to this paragraph shall be effective
2372 only until the adoption by the commission of the new edition of
2373 the Florida Building Code every third year. At such time, the
2374 commission shall review such amendment for consistency with the
2375 criteria in paragraph (8)(a) and adopt such amendment as part of
2376 the Florida Building Code or rescind the amendment. The
2377 commission shall immediately notify the respective local
2378 government of the rescission of any amendment. After receiving
2379 such notice, the respective local government may readopt the
2380 rescinded amendment pursuant to the provisions of this
2381 paragraph.
2382 7. Each county and municipality desiring to make local
2383 technical amendments to the Florida Building Code shall by
2384 interlocal agreement establish a countywide compliance review
2385 board to review any amendment to the Florida Building Code,
2386 adopted by a local government within the county pursuant to this
2387 paragraph, that is challenged by any substantially affected
2388 party for purposes of determining the amendment's compliance
2389 with this paragraph. If challenged, the local technical
2390 amendments shall not become effective until time for filing an
2391 appeal pursuant to subparagraph 8. has expired or, if there is
2392 an appeal, until the commission issues its final order
2393 determining the adopted amendment is in compliance with this
2394 subsection.
2395 8. If the compliance review board determines such amendment
2396 is not in compliance with this paragraph, the compliance review
2397 board shall notify such local government of the noncompliance
2398 and that the amendment is invalid and unenforceable until the
2399 local government corrects the amendment to bring it into
2400 compliance. The local government may appeal the decision of the
2401 compliance review board to the commission. If the compliance
2402 review board determines such amendment to be in compliance with
2403 this paragraph, any substantially affected party may appeal such
2404 determination to the commission. Any such appeal shall be filed
2405 with the commission within 14 days of the board's written
2406 determination. The commission shall promptly refer the appeal to
2407 the Division of Administrative Hearings for the assignment of an
2408 administrative law judge. The administrative law judge shall
2409 conduct the required hearing within 30 days, and shall enter a
2410 recommended order within 30 days of the conclusion of such
2411 hearing. The commission shall enter a final order within 30 days
2412 thereafter. The provisions of chapter 120 and the uniform rules
2413 of procedure shall apply to such proceedings. The local
2414 government adopting the amendment that is subject to challenge
2415 has the burden of proving that the amendment complies with this
2416 paragraph in proceedings before the compliance review board and
2417 the commission, as applicable. Actions of the commission are
2418 subject to judicial review pursuant to s. 120.68. The compliance
2419 review board shall determine whether its decisions apply to a
2420 respective local jurisdiction or apply countywide.
2421 9. An amendment adopted under this paragraph shall include
2422 a fiscal impact statement which documents the costs and benefits
2423 of the proposed amendment. Criteria for the fiscal impact
2424 statement shall include the impact to local government relative
2425 to enforcement, the impact to property and building owners, as
2426 well as to industry, relative to the cost of compliance. The
2427 fiscal impact statement may not be used as a basis for
2428 challenging the amendment for compliance.
2429 10. In addition to subparagraphs 7. and 9., the commission
2430 may review any amendments adopted pursuant to this subsection
2431 and make nonbinding recommendations related to compliance of
2432 such amendments with this subsection.
2433 Section 73. Paragraph (a) of subsection (4) of section
2434 633.025, Florida Statutes, is amended to read:
2435 633.025 Minimum firesafety standards.—
2436 (4) Such codes shall be minimum codes and a municipality,
2437 county, or special district with firesafety responsibilities may
2438 adopt more stringent firesafety standards, subject to the
2439 requirements of this subsection. Such county, municipality, or
2440 special district may establish alternative requirements to those
2441 requirements which are required under the minimum firesafety
2442 standards on a case-by-case basis, in order to meet special
2443 situations arising from historic, geographic, or unusual
2444 conditions, if the alternative requirements result in a level of
2445 protection to life, safety, or property equal to or greater than
2446 the applicable minimum firesafety standards. For the purpose of
2447 this subsection, the term “historic” means that the building or
2448 structure is listed on the National Register of Historic Places
2449 of the United States Department of the Interior.
2450 (a) The local governing body shall determine, following a
2451 public hearing which has been advertised in a newspaper of
2452 general circulation at least 10 days before the hearing or daily
2453 on a publicly accessible website maintained by the local
2454 government during the 10 days immediately preceding the hearing,
2455 if there is a need to strengthen the requirements of the minimum
2456 firesafety code adopted by such governing body. The
2457 determination must be based upon a review of local conditions by
2458 the local governing body, which review demonstrates that local
2459 conditions justify more stringent requirements than those
2460 specified in the minimum firesafety code for the protection of
2461 life and property or justify requirements that meet special
2462 situations arising from historic, geographic, or unusual
2463 conditions.
2464
2465 This subsection gives local government the authority to
2466 establish firesafety codes that exceed the minimum firesafety
2467 codes and standards adopted by the State Fire Marshal. The
2468 Legislature intends that local government give proper public
2469 notice and hold public hearings before adopting more stringent
2470 firesafety codes and standards. A substantially affected person
2471 may appeal, to the department, the local government's resolution
2472 of the challenge, and the department shall determine if the
2473 amendment complies with this section. Actions of the department
2474 are subject to judicial review pursuant to s. 120.68. The
2475 department shall consider reports of the Florida Building
2476 Commission, pursuant to part IV of chapter 553, when evaluating
2477 building code enforcement.
2478 Section 74. Paragraph (b) of subsection (2) of section
2479 705.103, Florida Statutes, is amended to read:
2480 705.103 Procedure for abandoned or lost property.—
2481 (2) Whenever a law enforcement officer ascertains that an
2482 article of lost or abandoned property is present on public
2483 property and is of such nature that it cannot be easily removed,
2484 the officer shall cause a notice to be placed upon such article
2485 in substantially the following form:
2486
2487 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
2488 PROPERTY. This property, to wit: ...(setting forth brief
2489 description)... is unlawfully upon public property known as
2490 ...(setting forth brief description of location)... and must be
2491 removed within 5 days; otherwise, it will be removed and
2492 disposed of pursuant to chapter 705, Florida Statutes. The owner
2493 will be liable for the costs of removal, storage, and
2494 publication of notice. Dated this: ...(setting forth the date of
2495 posting of notice)..., signed: ...(setting forth name, title,
2496 address, and telephone number of law enforcement officer)....
2497
2498 Such notice shall be not less than 8 inches by 10 inches and
2499 shall be sufficiently weatherproof to withstand normal exposure
2500 to the elements. In addition to posting, the law enforcement
2501 officer shall make a reasonable effort to ascertain the name and
2502 address of the owner. If such is reasonably available to the
2503 officer, she or he shall mail a copy of such notice to the owner
2504 on or before the date of posting. If the property is a motor
2505 vehicle as defined in s. 320.01(1) or a vessel as defined in s.
2506 327.02, the law enforcement agency shall contact the Department
2507 of Highway Safety and Motor Vehicles in order to determine the
2508 name and address of the owner and any person who has filed a
2509 lien on the vehicle or vessel as provided in s. 319.27(2) or (3)
2510 or s. 328.15(1). On receipt of this information, the law
2511 enforcement agency shall mail a copy of the notice by certified
2512 mail, return receipt requested, to the owner and to the
2513 lienholder, if any. If, at the end of 5 days after posting the
2514 notice and mailing such notice, if required, the owner or any
2515 person interested in the lost or abandoned article or articles
2516 described has not removed the article or articles from public
2517 property or shown reasonable cause for failure to do so, the
2518 following shall apply:
2519 (b) For lost property, the officer shall take custody and
2520 the agency shall retain custody of the property for 90 days. The
2521 agency shall publish notice of the intended disposition of the
2522 property, as provided in this section, during the first 45 days
2523 of this time period.
2524 1. If the agency elects to retain the property for use by
2525 the unit of government, donate the property to a charitable
2526 organization, surrender such property to the finder, sell the
2527 property, or trade the property to another unit of local
2528 government or state agency, notice of such election shall be
2529 given by an advertisement published daily for 2 consecutive
2530 weeks on a publicly accessible website maintained by the entity
2531 responsible for publication or once a week for 2 consecutive
2532 weeks in a newspaper of general circulation in the county where
2533 the property was found if the value of the property is more than
2534 $100. If the value of the property is $100 or less, notice shall
2535 be given by posting a description of the property at the law
2536 enforcement agency where the property was turned in. The notice
2537 must be posted for not less than 2 consecutive weeks in a public
2538 place designated by the law enforcement agency. The notice must
2539 describe the property in a manner reasonably adequate to permit
2540 the rightful owner of the property to claim it.
2541 2. If the agency elects to sell the property, it must do so
2542 at public sale by competitive bidding. Notice of the time and
2543 place of the sale shall be given by an advertisement of the sale
2544 published daily for the 4 consecutive weeks immediately
2545 preceding the sale on a publicly accessible website maintained
2546 by the entity responsible for publication or once a week for 2
2547 consecutive weeks in a newspaper of general circulation in the
2548 county where the sale is to be held. The notice shall include a
2549 statement that the sale shall be subject to any and all liens.
2550 The sale must be held at the nearest suitable place to that
2551 where the lost or abandoned property is held or stored. The
2552 advertisement must include a description of the goods and the
2553 time and place of the sale. If advertised in the newspaper, the
2554 sale may take place no earlier than 10 days after the final
2555 publication. If there is no publicly accessible website
2556 maintained by the entity responsible for publication or
2557 newspaper of general circulation in the county where the sale is
2558 to be held, the advertisement shall be posted at the door of the
2559 courthouse and at three other public places in the county at
2560 least 10 days before the prior to sale. Notice of the agency's
2561 intended disposition shall describe the property in a manner
2562 reasonably adequate to permit the rightful owner of the property
2563 to identify it.
2564 Section 75. Subsection (2) of section 715.109, Florida
2565 Statutes, is amended to read:
2566 715.109 Sale or disposition of abandoned property.—
2567 (2) Notice of the time and place of the public sale shall
2568 be given by an advertisement of the sale published once a week
2569 for 2 two consecutive weeks in a newspaper of general
2570 circulation where the sale is to be held or publication daily
2571 during the 4 weeks immediately preceding the sale on a publicly
2572 accessible website maintained by the entity responsible for
2573 publication. The sale must be held at the nearest suitable place
2574 to that where the personal property is held or stored. The
2575 advertisement must include a description of the goods, the name
2576 of the former tenant, and the time and place of the sale. If
2577 advertised in a newspaper, the sale must take place at least 10
2578 days after the first publication. If there is no newspaper of
2579 general circulation where the sale is to be held or no publicly
2580 accessible website maintained by the governing body responsible
2581 for publication, the advertisement must be posted at least 10
2582 days before the sale in not less than six conspicuous places in
2583 the neighborhood of the proposed sale. The last publication
2584 shall be at least 5 days before the sale is to be held. Notice
2585 of sale may be published before the last of the dates specified
2586 for taking possession of the property in any notice given
2587 pursuant to s. 715.104.
2588 Section 76. This act shall take effect upon becoming a law.