Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 292
       
       
       
       
       
       
                                Barcode 673910                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2012           .                                
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       The Committee on Judiciary (Richter) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 50.0211, Florida Statutes, is created to
    6  read:
    7         50.0211 Internet website publication.—
    8         (1) This section applies to legal notices that must be
    9  published in accordance with this chapter unless otherwise
   10  specified.
   11         (2) Each legal notice must be placed on the newspaper’s
   12  website on the same day the notice appears in the newspaper, at
   13  no additional charge. A link to legal notices shall be provided
   14  on the front page of the newspaper’s website that provides
   15  access to the legal notices without charge. If there is a
   16  specified size and placement required for a printed legal
   17  notice, the size and placement of the notice on the newspaper’s
   18  website should optimize its online visibility in keeping with
   19  the print requirements. The newspaper’s web pages that contain
   20  legal notices shall present the legal notices as the dominant
   21  subject matter of those pages. The newspaper’s website shall
   22  contain a search function to facilitate searching the legal
   23  notices. This subsection shall take effect July 1, 2013.
   24         (3) If a legal notice is published in a newspaper, the
   25  newspaper publishing the notice shall place the notice on the
   26  website established and maintained as an initiative of the
   27  Florida Press Association as a repository for such notices
   28  located at the following address: www.floridapublicnotices.com.
   29         (4) Newspapers that publish legal notices shall, upon
   30  request, provide e-mail notification of new legal notices when
   31  they are printed in the newspaper and added to the newspaper’s
   32  website. Such e-mail notification shall be provided without
   33  charge and notification for such an e-mail registry shall be
   34  available on the front page of the legal notices section of the
   35  newspaper’s website. This subsection shall take effect July 1,
   36  2013.
   37         (5) An error in the notice placed on the newspaper or
   38  statewide website shall be considered a harmless error and
   39  proper legal notice requirements shall be considered met if the
   40  notice published in the newspaper is correct.
   41         Section 2. Subsection (2) of section 50.041, Florida
   42  Statutes, is amended to read:
   43         50.041 Proof of publication; uniform affidavits required.—
   44         (2) Each such affidavit shall be printed upon white bond
   45  paper containing at least 25 percent rag material and shall be 8
   46  1/2 inches in width and of convenient length, not less than 5
   47  1/2 inches. A white margin of not less than 2 1/2 inches shall
   48  be left at the right side of each affidavit form and upon or in
   49  this space shall be substantially pasted a clipping which shall
   50  be a true copy of the public notice or legal advertisement for
   51  which proof is executed. Alternatively, the affidavit may be
   52  provided in electronic rather than paper form, provided the
   53  notarization of the affidavit complies with the requirements of
   54  s. 117.021.
   55         Section 3. Section 50.061, Florida Statutes, is amended to
   56  read:
   57         50.061 Amounts chargeable.—
   58         (1) The publisher of any newspaper publishing any and all
   59  official public notices or legal advertisements shall charge
   60  therefor the rates specified in this section without rebate,
   61  commission or refund.
   62         (2) The charge for publishing each such official public
   63  notice or legal advertisement shall be 70 cents per square inch
   64  for the first insertion and 40 cents per square inch for each
   65  subsequent insertion, except that government notices required to
   66  be published more than once whose cost is paid for by the
   67  government and not paid in advance by or allowed to be recouped
   68  from private parties may not be charged for the second and
   69  successive insertions at a rate greater than 85 percent of the
   70  original rate.:
   71         (a) In all counties having a population of more than
   72  304,000 according to the latest official decennial census, the
   73  charge for publishing each such official public notice or legal
   74  advertisement shall be 80 cents per square inch for the first
   75  insertion and 60 cents per square inch for each subsequent
   76  insertion.
   77         (b) In all counties having a population of more than
   78  450,000 according to the latest official decennial census, the
   79  charge for publishing each such official public notice or legal
   80  advertisement shall be 95 cents per square inch for the first
   81  insertion and 75 cents per square inch for each subsequent
   82  insertion.
   83         (3) Where the regular established minimum commercial rate
   84  per square inch of the newspaper publishing such official public
   85  notices or legal advertisements is in excess of the rate herein
   86  stipulated, said minimum commercial rate per square inch may be
   87  charged for all such legal advertisements or official public
   88  notices for each insertion, except that government notices
   89  required to be published more than once whose cost is paid for
   90  by the government and not paid in advance by or allowed to be
   91  recouped from private parties may not be charged for the second
   92  and successive insertions at a rate greater than 85 percent of
   93  the original rate.
   94         (4) A governmental agency publishing an official public
   95  notice or legal advertisement may procure publication by
   96  soliciting and accepting written bids from newspapers published
   97  in the county, in which case the specified charges in this
   98  section do not apply.
   99         (5) If the public notice is published in a newspaper, the
  100  posting of the notice on the newspaper’s website pursuant to s.
  101  50.0211(2) must be done at no additional charge.
  102         (6)(4) All official public notices and legal advertisements
  103  shall be charged and paid for on the basis of 6-point type on 6
  104  point body, unless otherwise specified by statute.
  105         (7)(5) Any person violating a provision of this section,
  106  either by allowing or accepting any rebate, commission, or
  107  refund, commits a misdemeanor of the second degree, punishable
  108  as provided in s. 775.082 or s. 775.083.
  109         (8)(6) Failure to charge the rates prescribed by this
  110  section shall in no way affect the validity of any official
  111  public notice or legal advertisement and shall not subject same
  112  to legal attack upon such grounds.
  113         Section 4. Paragraph (b) of subsection (4) of section
  114  125.66, Florida Statutes, is amended to read:
  115         125.66 Ordinances; enactment procedure; emergency
  116  ordinances; rezoning or change of land use ordinances or
  117  resolutions.—
  118         (4) Ordinances or resolutions, initiated by other than the
  119  county, that change the actual zoning map designation of a
  120  parcel or parcels of land shall be enacted pursuant to
  121  subsection (2). Ordinances or resolutions that change the actual
  122  list of permitted, conditional, or prohibited uses within a
  123  zoning category, or ordinances or resolutions initiated by the
  124  county that change the actual zoning map designation of a parcel
  125  or parcels of land shall be enacted pursuant to the following
  126  procedure:
  127         (b) In cases in which the proposed ordinance or resolution
  128  changes the actual list of permitted, conditional, or prohibited
  129  uses within a zoning category, or changes the actual zoning map
  130  designation of a parcel or parcels of land involving 10
  131  contiguous acres or more, the board of county commissioners
  132  shall provide for public notice and hearings as follows:
  133         1. The board of county commissioners shall hold two
  134  advertised public hearings on the proposed ordinance or
  135  resolution. At least one hearing shall be held after 5 p.m. on a
  136  weekday, unless the board of county commissioners, by a majority
  137  plus one vote, elects to conduct that hearing at another time of
  138  day. The first public hearing shall be held at least 7 days
  139  after the day that the first advertisement is published. The
  140  second hearing shall be held at least 10 days after the first
  141  hearing and shall be advertised at least 5 days prior to the
  142  public hearing.
  143         2. The required advertisements shall be no less than 2
  144  columns wide by 10 inches long in a standard size or a tabloid
  145  size newspaper, and the headline in the advertisement shall be
  146  in a type no smaller than 18 point. The advertisement shall not
  147  be placed in that portion of the newspaper where legal notices
  148  and classified advertisements appear. The advertisement shall be
  149  placed in a newspaper of general paid circulation in the county
  150  and of general interest and readership in the community pursuant
  151  to chapter 50, not one of limited subject matter. It is the
  152  legislative intent that, whenever possible, the advertisement
  153  shall appear in a newspaper that is published at least 5 days a
  154  week unless the only newspaper in the community is published
  155  less than 5 days a week. The advertisement shall be in
  156  substantially the following form:
  157  
  158                     NOTICE OF (TYPE OF) CHANGE                    
  159  
  160         The ...(name of local governmental unit)... proposes to
  161  adopt the following by ordinance or resolution:...(title of
  162  ordinance or resolution)....
  163  
  164         A public hearing on the ordinance or resolution will be
  165  held on ...(date and time)... at ...(meeting place)....
  166  
  167  Except for amendments which change the actual list of permitted,
  168  conditional, or prohibited uses within a zoning category, the
  169  advertisement shall contain a geographic location map which
  170  clearly indicates the area within the local government covered
  171  by the proposed ordinance or resolution. The map shall include
  172  major street names as a means of identification of the general
  173  area. In addition to being published in the newspaper, the map
  174  must be part of the online notice required pursuant to s.
  175  50.0211.
  176         3. In lieu of publishing the advertisements set out in this
  177  paragraph, the board of county commissioners may mail a notice
  178  to each person owning real property within the area covered by
  179  the ordinance or resolution. Such notice shall clearly explain
  180  the proposed ordinance or resolution and shall notify the person
  181  of the time, place, and location of both public hearings on the
  182  proposed ordinance or resolution.
  183         Section 5. Paragraph (c) of subsection (3) of section
  184  166.041, Florida Statutes, is amended to read:
  185         166.041 Procedures for adoption of ordinances and
  186  resolutions.—
  187         (3)
  188         (c) Ordinances initiated by other than the municipality
  189  that change the actual zoning map designation of a parcel or
  190  parcels of land shall be enacted pursuant to paragraph (a).
  191  Ordinances that change the actual list of permitted,
  192  conditional, or prohibited uses within a zoning category, or
  193  ordinances initiated by the municipality that change the actual
  194  zoning map designation of a parcel or parcels of land shall be
  195  enacted pursuant to the following procedure:
  196         1. In cases in which the proposed ordinance changes the
  197  actual zoning map designation for a parcel or parcels of land
  198  involving less than 10 contiguous acres, the governing body
  199  shall direct the clerk of the governing body to notify by mail
  200  each real property owner whose land the municipality will
  201  redesignate by enactment of the ordinance and whose address is
  202  known by reference to the latest ad valorem tax records. The
  203  notice shall state the substance of the proposed ordinance as it
  204  affects that property owner and shall set a time and place for
  205  one or more public hearings on such ordinance. Such notice shall
  206  be given at least 30 days prior to the date set for the public
  207  hearing, and a copy of the notice shall be kept available for
  208  public inspection during the regular business hours of the
  209  office of the clerk of the governing body. The governing body
  210  shall hold a public hearing on the proposed ordinance and may,
  211  upon the conclusion of the hearing, immediately adopt the
  212  ordinance.
  213         2. In cases in which the proposed ordinance changes the
  214  actual list of permitted, conditional, or prohibited uses within
  215  a zoning category, or changes the actual zoning map designation
  216  of a parcel or parcels of land involving 10 contiguous acres or
  217  more, the governing body shall provide for public notice and
  218  hearings as follows:
  219         a. The local governing body shall hold two advertised
  220  public hearings on the proposed ordinance. At least one hearing
  221  shall be held after 5 p.m. on a weekday, unless the local
  222  governing body, by a majority plus one vote, elects to conduct
  223  that hearing at another time of day. The first public hearing
  224  shall be held at least 7 days after the day that the first
  225  advertisement is published. The second hearing shall be held at
  226  least 10 days after the first hearing and shall be advertised at
  227  least 5 days prior to the public hearing.
  228         b. The required advertisements shall be no less than 2
  229  columns wide by 10 inches long in a standard size or a tabloid
  230  size newspaper, and the headline in the advertisement shall be
  231  in a type no smaller than 18 point. The advertisement shall not
  232  be placed in that portion of the newspaper where legal notices
  233  and classified advertisements appear. The advertisement shall be
  234  placed in a newspaper of general paid circulation in the
  235  municipality and of general interest and readership in the
  236  municipality, not one of limited subject matter, pursuant to
  237  chapter 50. It is the legislative intent that, whenever
  238  possible, the advertisement appear in a newspaper that is
  239  published at least 5 days a week unless the only newspaper in
  240  the municipality is published less than 5 days a week. The
  241  advertisement shall be in substantially the following form:
  242  
  243                     NOTICE OF (TYPE OF) CHANGE                    
  244  
  245         The ...(name of local governmental unit)... proposes to
  246  adopt the following ordinance:...(title of the ordinance)....
  247  
  248         A public hearing on the ordinance will be held on ...(date
  249  and time)... at ...(meeting place)....
  250  
  251  Except for amendments which change the actual list of permitted,
  252  conditional, or prohibited uses within a zoning category, the
  253  advertisement shall contain a geographic location map which
  254  clearly indicates the area covered by the proposed ordinance.
  255  The map shall include major street names as a means of
  256  identification of the general area. In addition to being
  257  published in the newspaper, the map must be part of the online
  258  notice required pursuant to s. 50.0211.
  259         c. In lieu of publishing the advertisement set out in this
  260  paragraph, the municipality may mail a notice to each person
  261  owning real property within the area covered by the ordinance.
  262  Such notice shall clearly explain the proposed ordinance and
  263  shall notify the person of the time, place, and location of any
  264  public hearing on the proposed ordinance.
  265         Section 6. Paragraph (d) of subsection (1) of section
  266  190.005, Florida Statutes, is amended to read:
  267         190.005 Establishment of district.—
  268         (1) The exclusive and uniform method for the establishment
  269  of a community development district with a size of 1,000 acres
  270  or more shall be pursuant to a rule, adopted under chapter 120
  271  by the Florida Land and Water Adjudicatory Commission, granting
  272  a petition for the establishment of a community development
  273  district.
  274         (d) A local public hearing on the petition shall be
  275  conducted by a hearing officer in conformance with the
  276  applicable requirements and procedures of the Administrative
  277  Procedure Act. The hearing shall include oral and written
  278  comments on the petition pertinent to the factors specified in
  279  paragraph (e). The hearing shall be held at an accessible
  280  location in the county in which the community development
  281  district is to be located. The petitioner shall cause a notice
  282  of the hearing to be published in a newspaper at least once a
  283  week for the 4 successive weeks immediately prior to the
  284  hearing. Such notice shall give the time and place for the
  285  hearing, a description of the area to be included in the
  286  district, which description shall include a map showing clearly
  287  the area to be covered by the district, and any other relevant
  288  information which the establishing governing bodies may require.
  289  The advertisement shall not be placed in that portion of the
  290  newspaper where legal notices and classified advertisements
  291  appear. The advertisement shall be published in a newspaper of
  292  general paid circulation in the county and of general interest
  293  and readership in the community, not one of limited subject
  294  matter, pursuant to chapter 50. Whenever possible, the
  295  advertisement shall appear in a newspaper that is published at
  296  least 5 days a week, unless the only newspaper in the community
  297  is published fewer than 5 days a week. In addition to being
  298  published in the newspaper, the map referenced above must be
  299  part of the online advertisement required pursuant to s.
  300  50.0211. All affected units of general-purpose local government
  301  and the general public shall be given an opportunity to appear
  302  at the hearing and present oral or written comments on the
  303  petition.
  304         Section 7. Paragraph (h) of subsection (3) of section
  305  200.065, Florida Statutes, is amended to read:
  306         200.065 Method of fixing millage.—
  307         (3) The advertisement shall be no less than one-quarter
  308  page in size of a standard size or a tabloid size newspaper, and
  309  the headline in the advertisement shall be in a type no smaller
  310  than 18 point. The advertisement shall not be placed in that
  311  portion of the newspaper where legal notices and classified
  312  advertisements appear. The advertisement shall be published in a
  313  newspaper of general paid circulation in the county or in a
  314  geographically limited insert of such newspaper. The geographic
  315  boundaries in which such insert is circulated shall include the
  316  geographic boundaries of the taxing authority. It is the
  317  legislative intent that, whenever possible, the advertisement
  318  appear in a newspaper that is published at least 5 days a week
  319  unless the only newspaper in the county is published less than 5
  320  days a week, or that the advertisement appear in a
  321  geographically limited insert of such newspaper which insert is
  322  published throughout the taxing authority’s jurisdiction at
  323  least twice each week. It is further the legislative intent that
  324  the newspaper selected be one of general interest and readership
  325  in the community and not one of limited subject matter, pursuant
  326  to chapter 50.
  327         (h) In no event shall any taxing authority add to or delete
  328  from the language of the advertisements as specified herein
  329  unless expressly authorized by law, except that, if an increase
  330  in ad valorem tax rates will affect only a portion of the
  331  jurisdiction of a taxing authority, advertisements may include a
  332  map or geographical description of the area to be affected and
  333  the proposed use of the tax revenues under consideration. In
  334  addition, if published in the newspaper, the map must be part of
  335  the online advertisement required by s. 50.0211. The
  336  advertisements required herein shall not be accompanied,
  337  preceded, or followed by other advertising or notices which
  338  conflict with or modify the substantive content prescribed
  339  herein.
  340         Section 8. Subsection (2) of section 17.325, Florida
  341  Statutes, is amended to read:
  342         17.325 Governmental efficiency hotline; duties of Chief
  343  Financial Officer.—
  344         (2) The Chief Financial Officer shall operate the hotline
  345  24 hours a day. The Chief Financial Officer may shall advertise
  346  the availability of the hotline in newspapers of general
  347  circulation in this state and shall provide for the posting of
  348  notices in conspicuous places in state agency offices, city
  349  halls, county courthouses, and places in which there is exposure
  350  to significant numbers of the general public, including, but not
  351  limited to, local convenience stores, shopping malls, shopping
  352  centers, gasoline stations, or restaurants. The Chief Financial
  353  Officer shall use the slogan “Tell us where we can ‘Get Lean’”
  354  for the hotline and in advertisements for the hotline.
  355         Section 9. Paragraph (b) of subsection (5) of section
  356  215.68, Florida Statutes, is amended to read:
  357         215.68 Issuance of bonds; form; maturity date, execution,
  358  sale.—
  359         (5)
  360         (b) All of such bonds shall be sold at public sale at such
  361  place or places within the state as the board shall determine to
  362  receive proposals for the purchase of such bonds. Notice of such
  363  sale shall be provided at such time published at least once at
  364  least 10 days prior to the date of sale in one or more
  365  newspapers or financial journals published within or without the
  366  state and shall contain such terms as the board shall deem
  367  advisable and proper under the circumstances; provided, that if
  368  no bids are received at the time and place called for by such
  369  notice of sale, or if all bids received are rejected, such bonds
  370  may again be offered for public sale by competitive bid or
  371  negotiated sale, as provided herein, upon a shorter period of
  372  reasonable notice provided for by resolution of the board.
  373  However, unless the State Constitution specifically requires the
  374  public sale by competitive bid of such bonds, the division may,
  375  by resolution adopted at a public meeting, determine that a
  376  negotiated sale of such bonds is in the best interest of the
  377  issuer, and may negotiate for sale of such bonds to any
  378  underwriter designated by the division.
  379         1. In the resolution authorizing the negotiated sale, the
  380  division shall provide specific findings as to the reasons
  381  requiring the negotiated sale.
  382         2. A resolution authorizing a negotiated bond sale may be
  383  the same resolution as that authorizing the issuance of such
  384  bonds.
  385         Section 10. Subsection (5) of section 120.60, Florida
  386  Statutes, is amended to read:
  387         120.60 Licensing.—
  388         (5) No revocation, suspension, annulment, or withdrawal of
  389  any license is lawful unless, prior to the entry of a final
  390  order, the agency has served, by personal service or certified
  391  mail, an administrative complaint which affords reasonable
  392  notice to the licensee of facts or conduct which warrant the
  393  intended action and unless the licensee has been given an
  394  adequate opportunity to request a proceeding pursuant to ss.
  395  120.569 and 120.57. When personal service cannot be made and the
  396  certified mail notice is returned undelivered, the agency shall
  397  cause a short, plain notice to the licensee to be published once
  398  each week for 4 consecutive weeks in a newspaper published in
  399  the county of the licensee’s last known address as it appears on
  400  the records of the agency. If no newspaper is published in that
  401  county, the notice may be published in a newspaper of general
  402  circulation in that county. If the address is in some state
  403  other than this state or in a foreign territory or country, the
  404  notice may be published in Leon County.
  405         Section 11. Paragraph (d) of subsection (6) of section
  406  215.555, Florida Statutes, is amended to read:
  407         215.555 Florida Hurricane Catastrophe Fund.—
  408         (6) REVENUE BONDS.—
  409         (d) Florida Hurricane Catastrophe Fund Finance
  410  Corporation.—
  411         1. In addition to the findings and declarations in
  412  subsection (1), the Legislature also finds and declares that:
  413         a. The public benefits corporation created under this
  414  paragraph will provide a mechanism necessary for the cost
  415  effective and efficient issuance of bonds. This mechanism will
  416  eliminate unnecessary costs in the bond issuance process,
  417  thereby increasing the amounts available to pay reimbursement
  418  for losses to property sustained as a result of hurricane
  419  damage.
  420         b. The purpose of such bonds is to fund reimbursements
  421  through the Florida Hurricane Catastrophe Fund to pay for the
  422  costs of construction, reconstruction, repair, restoration, and
  423  other costs associated with damage to properties of
  424  policyholders of covered policies due to the occurrence of a
  425  hurricane.
  426         c. The efficacy of the financing mechanism will be enhanced
  427  by the corporation’s ownership of the assessments, by the
  428  insulation of the assessments from possible bankruptcy
  429  proceedings, and by covenants of the state with the
  430  corporation’s bondholders.
  431         2.a. There is created a public benefits corporation, which
  432  is an instrumentality of the state, to be known as the Florida
  433  Hurricane Catastrophe Fund Finance Corporation.
  434         b. The corporation shall operate under a five-member board
  435  of directors consisting of the Governor or a designee, the Chief
  436  Financial Officer or a designee, the Attorney General or a
  437  designee, the director of the Division of Bond Finance of the
  438  State Board of Administration, and the senior employee of the
  439  State Board of Administration responsible for operations of the
  440  Florida Hurricane Catastrophe Fund.
  441         c. The corporation has all of the powers of corporations
  442  under chapter 607 and under chapter 617, subject only to the
  443  provisions of this subsection.
  444         d. The corporation may issue bonds and engage in such other
  445  financial transactions as are necessary to provide sufficient
  446  funds to achieve the purposes of this section.
  447         e. The corporation may invest in any of the investments
  448  authorized under s. 215.47.
  449         f. There shall be no liability on the part of, and no cause
  450  of action shall arise against, any board members or employees of
  451  the corporation for any actions taken by them in the performance
  452  of their duties under this paragraph.
  453         3.a. In actions under chapter 75 to validate any bonds
  454  issued by the corporation, the notice required by s. 75.06 shall
  455  be published only in Leon County and in two newspapers of
  456  general circulation in the state, and the complaint and order of
  457  the court shall be served only on the State Attorney of the
  458  Second Judicial Circuit.
  459         b. The state hereby covenants with holders of bonds of the
  460  corporation that the state will not repeal or abrogate the power
  461  of the board to direct the Office of Insurance Regulation to
  462  levy the assessments and to collect the proceeds of the revenues
  463  pledged to the payment of such bonds as long as any such bonds
  464  remain outstanding unless adequate provision has been made for
  465  the payment of such bonds pursuant to the documents authorizing
  466  the issuance of such bonds.
  467         4. The bonds of the corporation are not a debt of the state
  468  or of any political subdivision, and neither the state nor any
  469  political subdivision is liable on such bonds. The corporation
  470  does not have the power to pledge the credit, the revenues, or
  471  the taxing power of the state or of any political subdivision.
  472  The credit, revenues, or taxing power of the state or of any
  473  political subdivision shall not be deemed to be pledged to the
  474  payment of any bonds of the corporation.
  475         5.a. The property, revenues, and other assets of the
  476  corporation; the transactions and operations of the corporation
  477  and the income from such transactions and operations; and all
  478  bonds issued under this paragraph and interest on such bonds are
  479  exempt from taxation by the state and any political subdivision,
  480  including the intangibles tax under chapter 199 and the income
  481  tax under chapter 220. This exemption does not apply to any tax
  482  imposed by chapter 220 on interest, income, or profits on debt
  483  obligations owned by corporations other than the Florida
  484  Hurricane Catastrophe Fund Finance Corporation.
  485         b. All bonds of the corporation shall be and constitute
  486  legal investments without limitation for all public bodies of
  487  this state; for all banks, trust companies, savings banks,
  488  savings associations, savings and loan associations, and
  489  investment companies; for all administrators, executors,
  490  trustees, and other fiduciaries; for all insurance companies and
  491  associations and other persons carrying on an insurance
  492  business; and for all other persons who are now or may hereafter
  493  be authorized to invest in bonds or other obligations of the
  494  state and shall be and constitute eligible securities to be
  495  deposited as collateral for the security of any state, county,
  496  municipal, or other public funds. This sub-subparagraph shall be
  497  considered as additional and supplemental authority and shall
  498  not be limited without specific reference to this sub
  499  subparagraph.
  500         6. The corporation and its corporate existence shall
  501  continue until terminated by law; however, no such law shall
  502  take effect as long as the corporation has bonds outstanding
  503  unless adequate provision has been made for the payment of such
  504  bonds pursuant to the documents authorizing the issuance of such
  505  bonds. Upon termination of the existence of the corporation, all
  506  of its rights and properties in excess of its obligations shall
  507  pass to and be vested in the state.
  508         Section 12. Section 253.52, Florida Statutes, is amended to
  509  read:
  510         253.52 Placing oil and gas leases on market by board.
  511  Whenever in the opinion of the Board of Trustees of the Internal
  512  Improvement Trust Fund there shall be a demand for the purchase
  513  of oil and gas leases on any area, tract, or parcel of the land
  514  so owned, controlled, or managed, by any state board,
  515  department, or agency, then the board shall place such oil and
  516  gas lease or leases on the market in such blocks, tracts, or
  517  parcels as it may designate. The lease or leases shall only be
  518  made after notice by publication thereof has been made not less
  519  than once a week for 4 consecutive weeks in a newspaper of
  520  general circulation published in Leon County, and in a similar
  521  newspaper for a similar period of time published in the vicinity
  522  of the lands offered to be leased, the last publication in both
  523  newspapers to be not less than 5 days in advance of the sale
  524  date. Such notice shall be to the effect that a lease or leases
  525  will be offered for sale at such date and time as may be named
  526  in said notice and shall describe the land upon which such
  527  lease, or leases, will be offered. This notice may be combined
  528  with the notice required pursuant to s. 253.115. Before any
  529  lease of any block, tract, or parcel of land, submerged, or
  530  unsubmerged, within a radius of 3 miles of the boundaries of any
  531  incorporated city, or town, or within such radius of any bathing
  532  beach, or beaches, outside thereof, such board, department, or
  533  agency, shall through one or more of its members hold a public
  534  hearing, after notice thereof by publication once in a newspaper
  535  of general circulation published at least 1 week prior to said
  536  hearing in the vicinity of the land, or lands, offered to be
  537  leased, of the offer to lease the same, calling upon all
  538  interested persons to attend said hearing where they would be
  539  given the opportunity to be heard, all of which shall be
  540  considered by the board prior to the execution of any lease or
  541  leases to said land, and the board may withdraw said land, or
  542  any part thereof, from the market, and refuse to execute such
  543  lease or leases if after such hearing, or otherwise, it
  544  considers such execution contrary to the public welfare. Before
  545  advertising any land for lease the form of the lease or leases
  546  to be offered for sale, not inconsistent with law, or the
  547  provisions of this section, shall be prescribed by the board and
  548  a copy, or copies, thereof, shall be available to the general
  549  public at the office of the Board of Trustees of the Internal
  550  Improvement Trust Fund and the advertisements of such sale shall
  551  so state.
  552         Section 13. Paragraph (b) of subsection (4) of section
  553  255.518, Florida Statutes, is amended to read:
  554         255.518 Obligations; purpose, terms, approval,
  555  limitations.—
  556         (4)
  557         (b) In actions to validate such obligations pursuant to
  558  chapter 75, the complaint shall be filed in the Circuit Court of
  559  Leon County, the notice required by s. 75.06, shall be published
  560  only in Leon County and in two newspapers of general circulation
  561  in the state, and the complaint and order of the court shall be
  562  served only on the state attorney of the Second Judicial
  563  Circuit.
  564         Section 14. Paragraph (b) of subsection (4) of section
  565  380.0668, Florida Statutes, is amended to read:
  566         380.0668 Bonds; purpose, terms, approval, limitations.—
  567         (4)
  568         (b) In actions to validate such bonds pursuant to chapter
  569  75, the complaint shall be filed in the Circuit Court of Leon
  570  County, the notice required by s. 75.06 shall be published in
  571  newspapers of general circulation in Leon County and the county
  572  in which the area or areas of critical state concern involved
  573  are located, and the complaint and order of the court shall be
  574  served on the state attorney of the Second Judicial Circuit and
  575  the circuit in which the area or areas of critical state concern
  576  involved are located.
  577         Section 15. Paragraph (b) of subsection (3) of section
  578  455.275, Florida Statutes, is amended to read:
  579         455.275 Address of record.—
  580         (3)
  581         (b) If service, as provided in paragraph (a), does not
  582  provide the department with proof of service, the department
  583  shall call the last known telephone number of record and cause a
  584  short, plain notice to the licensee to be posted on the front
  585  page of the department’s website and shall send notice via e
  586  mail to all newspapers of general circulation and all news
  587  departments of broadcast network affiliates in the county of the
  588  licensee’s last known address of record published once each week
  589  for 4 consecutive weeks in a newspaper published in the county
  590  of the licensee’s last known address of record. If a newspaper
  591  is not published in the county, the administrative complaint may
  592  be published in a newspaper of general circulation in the
  593  county. If the licensee’s last known address is located in
  594  another state or in a foreign jurisdiction, the administrative
  595  complaint may be published in Leon County pursuant to s.
  596  120.60(5).
  597         Section 16. Subsection (5) of section 473.3141, Florida
  598  Statutes, is amended to read:
  599         473.3141 Certified public accountants licensed in other
  600  states.—
  601         (5) Disciplinary action against an individual or firm that
  602  practices pursuant to this section is not valid unless, prior to
  603  the entry of a final order, the agency has served, by personal
  604  service pursuant to this chapter or chapter 48 or by certified
  605  mail, an administrative complaint that provides reasonable
  606  notice to the individual or firm of facts or conduct that
  607  warrants the intended action and unless the individual or firm
  608  has been given an adequate opportunity to request a proceeding
  609  pursuant to ss. 120.569 and 120.57. When personal service cannot
  610  be made and the certified mail notice is returned undelivered,
  611  the agency shall have a short, plain notice to the individual or
  612  firm with practice privileges published once a week for 4
  613  consecutive weeks in a newspaper published in Leon County,
  614  Florida. The newspaper shall meet the requirements prescribed by
  615  law for such purposes.
  616         Section 17. Paragraph (b) of subsection (5) of section
  617  527.23, Florida Statutes, is amended to read:
  618         527.23 Marketing orders; referendum requirements;
  619  assessments.—
  620         (5)
  621         (b) It is the duty of the producers or dealers of propane
  622  gas who vote in each referendum to send their marked ballots to
  623  the department, which shall have the ballots counted by
  624  qualified and impartial personnel in its office, and the
  625  department shall, within 10 days after the closing date for
  626  submitting ballots in any referendum, certify in writing and
  627  publish the results of such referendum on the front page of
  628  their website and shall send notice via e-mail to all
  629  publications of general circulation and all news departments of
  630  broadcast network affiliates located within the state in a
  631  newspaper of general circulation in the state and in such other
  632  newspapers as the department prescribes.
  633         Section 18. Subsection (2) of section 573.109, Florida
  634  Statutes, is amended to read:
  635         573.109 Procedure for referendum.—
  636         (2) It shall be the duty of the producers or handlers
  637  affected who vote in each referendum to send their marked
  638  ballots to the department, which shall have the ballots counted
  639  by qualified and impartial personnel in its office, and the
  640  department shall, within 10 days after the closing date for
  641  submitting ballots in any referendum, certify in writing and
  642  publish the results of such referendum on the front page of
  643  their website and shall send notice via e-mail to all
  644  publications of general circulation and all news departments of
  645  broadcast network affiliates located within the state in a
  646  newspaper of general circulation in the state and in such other
  647  newspapers as the department may prescribe.
  648         Section 19. Section 573.111, Florida Statutes, is amended
  649  to read:
  650         573.111 Notice of effective date of marketing order.—Before
  651  the issuance of any marketing order, or any suspension,
  652  amendment, or termination thereof, a notice shall be posted on a
  653  public bulletin board to be maintained by the department in the
  654  Division of Marketing and Development of the department in the
  655  Nathan Mayo Building, Tallahassee, Leon County, and a copy of
  656  the notice shall be posted on the department website published
  657  in a newspaper of general circulation in the state and in such
  658  other newspaper or newspapers as the department may prescribe.
  659  The notices published in the newspaper or newspapers shall be
  660  sent by first-class mail, by the department to those newspapers
  661  designated by it, the same date that the notice is posted on the
  662  bulletin board with instructions to publish the same as a legal
  663  advertisement the first date after receipt of the notice as such
  664  newspaper’s policy for publishing legal advertisements provides.
  665  No marketing order, or any suspension, amendment, or termination
  666  thereof, shall become effective until the termination of a
  667  period of 5 days from the date of posting and publication.
  668         Section 20. Subsection (2) of section 631.59, Florida
  669  Statutes, is amended to read:
  670         631.59 Duties and powers of department and office.—
  671         (2) The department may require that the association notify
  672  the insureds of the insolvent insurer and any other interested
  673  parties of the determination of insolvency and of their rights
  674  under this part. Such notification shall be by mail at their
  675  last known addresses, when available, but if sufficient
  676  information for notification by mail is not available, notice by
  677  e-mail or telephone publication in a newspaper of general
  678  circulation shall be sufficient.
  679         Section 21. Except as otherwise expressly provided in this
  680  act, this act shall take effect July 1, 2012, and shall apply to
  681  legal notices that must be published on or after that date.
  682  
  683  ================= T I T L E  A M E N D M E N T ================
  684         And the title is amended as follows:
  685         Delete everything before the enacting clause
  686  and insert:
  687                        A bill to be entitled                      
  688         An act relating to legal notices; creating s. 50.0211,
  689         F.S.; requiring that, after a specified date, if a
  690         legal notice is published in a newspaper, the
  691         newspaper publishing the notice shall also place the
  692         notice on a website maintained by the newspaper, at no
  693         additional charge; providing requirements for size and
  694         placement of such website publication; requiring free
  695         access to such online publications; requiring that
  696         legal notices published in newspapers also be
  697         published on another specified website; requiring
  698         that, after a specified date, newspapers that publish
  699         legal notice must provide e-mail notification of new
  700         legal notices; providing requirements for such notice;
  701         providing that an error on a newspaper or statewide
  702         website shall be considered a harmless error and legal
  703         notice requirements shall be considered met if the
  704         notice published in the newspaper is correct; amending
  705         s. 50.041, F.S.; revising physical requirements for
  706         proof of publication affidavits; authorizing
  707         electronic affidavits that meet specified
  708         requirements; amending s. 50.061, F.S.; limiting the
  709         rate that may be charged for government notices
  710         required to be published more than once in certain
  711         circumstances; deleting provisions specifying rates
  712         for legal notices based on county population;
  713         specifying that if a public notice is published in a
  714         newspaper, publication of a notice on a website
  715         pursuant to specified provisions must be done at no
  716         charge; amending ss. 125.66, 166.041, 190.005, and
  717         200.065, F.S.; requiring that website publication of
  718         certain legal notices include maps that appear in the
  719         newspaper advertisements; amending s. 17.325, F.S.;
  720         making it optional for the Chief Financial Officer to
  721         advertise the availability of the governmental
  722         efficiency hotline; amending s. 215.68, F.S.; deleting
  723         specific criteria for publishing certain bond notices;
  724         amending ss. 120.60 215.555, 253.52, 255.518, and
  725         380.0668, F.S.; deleting requirements that certain
  726         legal notices be published in Leon County; amending s.
  727         455.275, F.S.; deleting a requirement that certain
  728         notices concerning professional licensees who cannot
  729         be personally served be published in Leon County;
  730         requiring that plain notice to the licensee to be
  731         posted on the front page of the Department of Business
  732         and Professional Regulation’s website and provided to
  733         certain news outlets; amending s. 473.3141, F.S.;
  734         deleting a requirement that notices concerning
  735         discipline of certain certified public accountants be
  736         published in Leon County; amending s. 527.23, F.S.;
  737         deleting requirements relating to the newspaper
  738         publication of certain notices relating to marketing
  739         orders for propane gas; providing for Internet
  740         publication of such orders and for providing
  741         information to certain news outlets; amending ss.
  742         573.109 and 573.111, F.S.; deleting requirements
  743         relating to the newspaper publication of certain
  744         notices relating to agricultural marketing orders;
  745         providing for Internet publication of such orders and
  746         for providing information to certain news outlets;
  747         amending s. 631.59, F.S.; deleting requirements for
  748         the newspaper publication of certain notices
  749         concerning insolvent insurers; providing for notice by
  750         e-mail or telephone; providing for applicability;
  751         providing effective dates.