Florida Senate - 2020                                    SB 1340
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00673A-20                                          20201340__
    1                        A bill to be entitled                      
    2         An act relating to legal notices; amending s. 50.011,
    3         F.S.; providing for the publication of legal notices
    4         on certain publicly accessible websites; amending ss.
    5         50.021, 50.0211, and 50.031, F.S.; conforming
    6         provisions to changes made by the act; creating s.
    7         50.0311, F.S.; providing definitions; allowing a
    8         governmental agency to publish legal notices on a
    9         publicly accessible website under certain
   10         circumstances; providing criteria for website
   11         publication; authorizing a fiscally constrained county
   12         to use a publicly accessible website to publish
   13         legally required advertisements and public notices
   14         only if certain requirements are met; requiring a
   15         governmental agency to provide specified notice to
   16         certain residents and property owners relating to
   17         alternative methods of receiving legal notices;
   18         authorizing a governmental agency to publish certain
   19         public notices and advertisements on its governmental
   20         access channels; amending s. 50.041, F.S.; removing
   21         provisions relating to the publication of legal
   22         notices in newspapers; amending s. 50.051, F.S.;
   23         revising a form for affidavits of publication;
   24         amending s. 50.0711, F.S.; revising provisions
   25         relating to the use of court docket funds; amending s.
   26         83.806, F.S.; providing that an advertisement of a
   27         sale or disposition of property may be published on
   28         certain websites for a specified time period; amending
   29         ss. 11.02, 45.031, 121.0511, 121.055, 125.66, 162.12,
   30         166.041, 189.015, 190.005, 190.046, 194.037, 197.402,
   31         200.065, 338.223, 348.0308, 348.635, 348.7605,
   32         373.0397, 373.146, 403.722, 712.06, 849.38, 865.09,
   33         and 932.704; conforming provisions to changes made by
   34         the act; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Section 50.011, Florida Statutes, is amended to
   39  read:
   40         50.011 Publication of Where and in what language legal
   41  notices to be published.—Whenever by statute an official or
   42  legal advertisement or a publication, or notice in a newspaper
   43  or governmental agency website has been or is directed or
   44  permitted in the nature of or in lieu of process, or for
   45  constructive service, or in initiating, assuming, reviewing,
   46  exercising or enforcing jurisdiction or power, or for any
   47  purpose, including all legal notices and advertisements of
   48  sheriffs and tax collectors, the contemporaneous and continuous
   49  intent and meaning of such legislation all and singular,
   50  existing or repealed, is and has been and is hereby declared to
   51  be and to have been, and the rule of interpretation is and has
   52  been the following:,
   53         (1) A publication in a newspaper printed and published
   54  periodically at least once a week or oftener, containing at
   55  least 25 percent of its words in the English language, entered
   56  or qualified to be admitted and entered as periodicals matter at
   57  a post office in the county where published, for sale to the
   58  public generally, available to the public generally for the
   59  publication of official or other notices and customarily
   60  containing information of a public character or of interest or
   61  of value to the residents or owners of property in the county
   62  where published, or of interest or of value to the general
   63  public; or
   64         (2)On a publicly accessible website pursuant to s.
   65  50.0311.
   66         Section 2. Section 50.021, Florida Statutes, is amended to
   67  read:
   68         50.021 Publication when no newspaper in county.—When any
   69  law, or order or decree of court, directs shall direct
   70  advertisements to be made in a any county and there is be no
   71  newspaper published in the said county, the advertisement may be
   72  posted on a publicly accessible website as provided in s.
   73  50.0311 or made by posting three copies thereof in three
   74  different places in the said county, one of which shall be at
   75  the front door of the courthouse, and by publication in the
   76  nearest county in which a newspaper is published.
   77         Section 3. Subsections (2) and (3) of section 50.0211,
   78  Florida Statutes, are amended to read:
   79         50.0211 Internet website publication.—
   80         (2) If a governmental agency publishes a legal notice in a
   81  newspaper, each legal notice must be posted on the newspaper’s
   82  website on the same day that the printed notice appears in the
   83  newspaper, at no additional charge, in a separate web page
   84  titled “Legal Notices,” “Legal Advertising,” or comparable
   85  identifying language. A link to the legal notices web page shall
   86  be provided on the front page of the newspaper’s website that
   87  provides access to the legal notices. If there is a specified
   88  size and placement required for a printed legal notice, the size
   89  and placement of the notice on the newspaper’s website must
   90  optimize its online visibility in keeping with the print
   91  requirements. The newspaper’s web pages that contain legal
   92  notices must present the legal notices as the dominant and
   93  leading subject matter of those pages. The newspaper’s website
   94  must contain a search function to facilitate searching the legal
   95  notices. A fee may not be charged, and registration may not be
   96  required, for viewing or searching legal notices on a
   97  newspaper’s website if the legal notice is published in a
   98  newspaper.
   99         (3)(a) If a legal notice is published in a newspaper, the
  100  newspaper publishing the notice shall place the notice on the
  101  statewide website established and maintained as an initiative of
  102  the Florida Press Association as a repository for such notices
  103  located at the following address: www.floridapublicnotices.com.
  104         (b) A legal notice placed on the statewide website created
  105  under this subsection must be:
  106         1. Accessible and searchable by party name and case number.
  107         2. Posted for a period of at least 90 consecutive days
  108  after the first day of posting.
  109         (c) The statewide website created under this subsection
  110  shall maintain a searchable archive of all legal notices posted
  111  on the publicly accessible website on or after October 1, 2014,
  112  for 18 months after the first day of posting. Such searchable
  113  archive shall be provided and accessible to the general public
  114  without charge.
  115         Section 4. Section 50.031, Florida Statutes, is amended to
  116  read:
  117         50.031 Newspapers in which legal notices and process may be
  118  published.—If a governmental agency publishes a legal notice in
  119  a newspaper, no notice or publication required to be published
  120  in a newspaper in the nature of or in lieu of process of any
  121  kind, nature, character or description provided for under any
  122  law of the state, whether heretofore or hereafter enacted, and
  123  whether pertaining to constructive service, or the initiating,
  124  assuming, reviewing, exercising or enforcing jurisdiction or
  125  power, by any court in this state, or any notice of sale of
  126  property, real or personal, for taxes, state, county or
  127  municipal, or sheriff’s, guardian’s or administrator’s or any
  128  sale made pursuant to any judicial order, decree or statute or
  129  any other publication or notice pertaining to any affairs of the
  130  state, or any county, municipality or other political
  131  subdivision thereof, shall be deemed to have been published in
  132  accordance with the statutes providing for such publication,
  133  unless the same shall have been published for the prescribed
  134  period of time required for such publication, in a newspaper
  135  which at the time of such publication shall have been in
  136  existence for 1 year and shall have been entered as periodicals
  137  matter at a post office in the county where published, or in a
  138  newspaper which is a direct successor of a newspaper which
  139  together have been so published; provided, however, that nothing
  140  herein contained shall apply where in any county there shall be
  141  no newspaper in existence which shall have been published for
  142  the length of time above prescribed. No legal publication of any
  143  kind, nature or description, as herein defined, shall be valid
  144  or binding or held to be in compliance with the statutes
  145  providing for such publication unless the same shall have been
  146  published in accordance with the provisions of this section or
  147  s. 50.0311. Proof of such publication shall be made by uniform
  148  affidavit.
  149         Section 5. Section 50.0311, Florida Statutes, is created to
  150  read:
  151         50.0311Publication of advertisements and public notices on
  152  a publicly accessible website and governmental access channels.—
  153         (1)For purposes of this chapter, “governmental agency”
  154  means a county, municipality, school board, or other unit of
  155  local government or political subdivision in this state.
  156         (2)For purposes of notices and advertisements required
  157  under s. 50.11, the term “publicly accessible website” means a
  158  governmental agency’s official website or other private website
  159  designated by the governmental agency for the posting of legal
  160  notices and advertisements that is accessible via the Internet.
  161  All advertisements and public notices published on a website as
  162  provided in this chapter must be in searchable form.
  163         (3)“Fiscally constrained county” means a county within a
  164  rural area of opportunity as designated by the Governor pursuant
  165  to s. 288.0656 or a county for which the value of a mill will
  166  raise no more than $5 million in revenue, based on the certified
  167  school taxable value certified pursuant to s. 1011.62(4)(a)1.a.,
  168  from the previous July 1.
  169         (4)A governmental agency in a county that is not a
  170  fiscally constrained county may use a publicly accessible
  171  website to publish legally required advertisements and public
  172  notices if the cost of publishing advertisements and public
  173  notices on a website is less than the cost of publishing
  174  advertisements and public notices in a newspaper.
  175         (5)A governmental agency in a fiscally constrained county
  176  may use a publicly accessible website to publish legally
  177  required advertisements and public notices only if the
  178  governmental agency, after a public hearing that has been
  179  noticed in a newspaper as provided in this chapter, makes a
  180  determination of the following:
  181         (a)Publishing advertisements and public notices on a
  182  publicly accessible website is in the public interest.
  183         (b)The cost of publishing advertisements and public
  184  notices on a publicly accessible website is less than the cost
  185  of publishing advertisements and public notices in a newspaper.
  186         (c)The residents of the county have sufficient access to
  187  the Internet by broadband service as defined in s. 364.02(2) or
  188  any other means such that publishing advertisements and public
  189  notices on a publicly accessible website will not unreasonably
  190  restrict public access.
  191         (6)A governmental agency shall provide notice at least
  192  once per year in a newspaper of general circulation or another
  193  publication that is mailed or delivered to all residents and
  194  property owners throughout the government’s jurisdiction,
  195  indicating that property owners and residents may receive
  196  legally required advertisements and public notices from the
  197  government agency by first-class mail or e-mail upon registering
  198  their name and address or e-mail address with the governmental
  199  agency. The governmental agency shall maintain a registry of
  200  names, addresses, and e-mail addresses of property owners and
  201  residents who request in writing that they receive legally
  202  required advertisements and public notices from the governmental
  203  agency by first-class mail or e-mail.
  204         (7)A link to advertisements and public notices published
  205  on a publicly accessible website shall be conspicuously placed
  206  on the website’s homepage or accessible through a direct link
  207  from the homepage. Each advertisement or public notice shall
  208  indicate the date on which the advertisement or public notice
  209  was first published on the publicly accessible website.
  210         (8)A governmental agency that has a governmental access
  211  channel authorized under s. 610.109 may also include on its
  212  governmental access channel a summary of all advertisements and
  213  public notices that are posted on its publicly accessible
  214  website.
  215         Section 6. Section 50.041, Florida Statutes, is amended to
  216  read:
  217         50.041 Proof of publication; uniform affidavits required.—
  218         (1) All affidavits of publishers of newspapers (or their
  219  official representatives) made for the purpose of establishing
  220  proof of publication of public notices or legal advertisements
  221  shall be uniform throughout the state.
  222         (2) Each such affidavit shall be printed upon white paper
  223  and shall be 8 1/2 inches in width and of convenient length, not
  224  less than 5 1/2 inches. A white margin of not less than 2 1/2
  225  inches shall be left at the right side of each affidavit form
  226  and upon or in this space shall be substantially pasted a
  227  clipping which shall be a true copy of the public notice or
  228  legal advertisement for which proof is executed. Alternatively,
  229  the affidavit may be provided in electronic rather than paper
  230  form, provided the notarization of the affidavit complies with
  231  the requirements of s. 117.021.
  232         (3) In all counties having a population in excess of
  233  450,000 according to the latest official decennial census, in
  234  addition to the charges which are now or may hereafter be
  235  established by law for the publication of every official notice
  236  or legal advertisement, There may be a charge not to exceed $2
  237  levied for the preparation and execution of each such proof of
  238  publication or publisher’s affidavit.
  239         Section 7. Section 50.051, Florida Statutes, is amended to
  240  read:
  241         50.051 Proof of publication; form of uniform affidavit.—The
  242  printed form upon which all such affidavits establishing proof
  243  of publication are to be executed shall be substantially as
  244  follows:
  245                      NAME OF COUNTY NEWSPAPER                     
  246                     Published (Weekly or Daily)                   
  247                   (Town or City)(County)FLORIDA                 
  248  STATE OF FLORIDA
  249  COUNTY OF ....:
  250         Before the undersigned authority personally appeared ....,
  251  who on oath says that he or she is .... of the ...., a ....
  252  newspaper published at .... in .... County, Florida; that the
  253  attached copy of advertisement, being a .... in the matter of
  254  .... in the .... Court, was published on the publicly accessible
  255  website of the governmental agency or in a said newspaper. in
  256  the issues of .....
  257         Affiant further says that the website or newspaper complies
  258  with all legal requirements for publication in chapter 50,
  259  Florida Statutes said .... is a newspaper published at ...., in
  260  said .... County, Florida, and that the said newspaper has
  261  heretofore been continuously published in said .... County,
  262  Florida, each .... and has been entered as periodicals matter at
  263  the post office in ...., in said .... County, Florida, for a
  264  period of 1 year next preceding the first publication of the
  265  attached copy of advertisement; and affiant further says that he
  266  or she has neither paid nor promised any person, firm or
  267  corporation any discount, rebate, commission or refund for the
  268  purpose of securing this advertisement for publication in the
  269  said newspaper.
  270  Sworn to and subscribed before me this .... day of ....,
  271  ...(year)..., by ...., who is personally known to me or who has
  272  produced (type of identification) as identification.
  273  ...(Signature of Notary Public)...
  274  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  275  ...(Notary Public)...
  276         Section 8. Section 50.0711, Florida Statutes, is amended to
  277  read:
  278         50.0711 Court docket fund; service charges; publications.—
  279         (1) The clerk of the court in each county may establish a
  280  court docket fund for the purpose of paying the cost of
  281  publication of the fact of the filing of any civil case in the
  282  circuit court of the county by the style and of the calendar
  283  relating to such cases. This court docket fund shall be funded
  284  by $1 mandatory court cost for all civil actions, suits, or
  285  proceedings filed in the circuit court of the county. The clerk
  286  shall maintain such funds separate and apart, and the proceeds
  287  from this court cost shall not be diverted to any other fund or
  288  for any purpose other than that established in this section. The
  289  clerk of the court shall dispense the fund to the designated
  290  publicly accessible website publisher or record newspaper in the
  291  county on a quarterly basis.
  292         (2) If a judicial circuit publishes legal notices in a
  293  newspaper, a newspaper qualified under the terms of s. 50.011
  294  shall be designated as the record newspaper for such publication
  295  by an order of the majority of the judges in the judicial
  296  circuit in which such county is located, and such order shall be
  297  filed and recorded with the clerk of the circuit court for such
  298  county. The designated record newspaper may be changed at the
  299  end of any fiscal year of the county by a majority vote of the
  300  judges of the judicial circuit of the county ordering such
  301  change 30 days prior to the end of the fiscal year, notice of
  302  which order shall be given to the previously designated record
  303  newspaper.
  304         (3) The publicly accessible website publisher or publishers
  305  of any designated record newspapers receiving payment from this
  306  court docket fund shall publish, without additional charge, the
  307  fact of the filing of any civil case, suit, or action filed in
  308  such county in the circuit. Such publication shall be in
  309  accordance with a schedule agreed upon between the website
  310  publisher or record newspaper and the clerk of the court in such
  311  county.
  312         (4) The publicly accessible website publisher or publishers
  313  of any designated record newspapers receiving revenues from the
  314  court docket fund established in subsection (1) shall, without
  315  charge, accept legal advertisements for the purpose of service
  316  of process by publication under s. 49.011(4), (10), and (11)
  317  when such publication is required of persons authorized to
  318  proceed as indigent persons under s. 57.081.
  319         Section 9. Subsection (4) of section 83.806, Florida
  320  Statutes, is amended to read:
  321         83.806 Enforcement of lien.—An owner’s lien as provided in
  322  s. 83.805 may be satisfied as follows:
  323         (4) After the expiration of the time given in the notice,
  324  an advertisement of the sale or other disposition shall be
  325  published once a week for 2 consecutive weeks in a newspaper of
  326  general circulation in the area where the self-service storage
  327  facility or self-contained storage unit is located or published
  328  continuously for 14 consecutive days on a public website that
  329  customarily conducts personal property auctions.
  330         (a) A lien sale may be conducted on a public website that
  331  customarily conducts personal property auctions. The facility or
  332  unit owner is not required to hold a license to post property
  333  for online sale. Inasmuch as any sale may involve property of
  334  more than one tenant, a single advertisement may be used to
  335  dispose of property at any one sale.
  336         (b) The advertisement shall include:
  337         1. A brief and general description of what is believed to
  338  constitute the personal property contained in the storage unit,
  339  as provided in paragraph (2)(b).
  340         2. The address of the self-service storage facility or the
  341  address where the self-contained storage unit is located and the
  342  name of the tenant.
  343         3. The time, place, and manner of the sale or other
  344  disposition. The sale or other disposition shall take place at
  345  least 15 days after the first publication.
  346         (c) If there is no newspaper of general circulation in the
  347  area where the self-service storage facility or self-contained
  348  storage unit is located, the advertisement shall be posted at
  349  least 10 days before the date of the sale or other disposition
  350  in at least three conspicuous places in the neighborhood where
  351  the self-service storage facility or self-contained storage unit
  352  is located or published continuously for 14 consecutive days on
  353  a public website that customarily conducts personal property
  354  auctions.
  355         Section 10. Section 11.02, Florida Statutes, is amended to
  356  read:
  357         11.02 Notice of special or local legislation or certain
  358  relief acts.—The notice required to obtain special or local
  359  legislation or any relief act specified in s. 11.065 shall be by
  360  publishing the identical notice in each county involved in some
  361  newspaper as provided defined in chapter 50 published in or
  362  circulated throughout the county or counties where the matter or
  363  thing to be affected by such legislation shall be situated one
  364  time at least 30 days before introduction of the proposed law
  365  into the Legislature or, if the notice is not posted on a
  366  publicly accessible website as provided in chapter 50 and there
  367  being no newspaper circulated throughout or published in the
  368  county, by posting for at least 30 days at not less than three
  369  public places in the county or each of the counties, one of
  370  which places shall be at the courthouse in the county or
  371  counties where the matter or thing to be affected by such
  372  legislation shall be situated. Notice of special or local
  373  legislation shall state the substance of the contemplated law,
  374  as required by s. 10, Art. III of the State Constitution. Notice
  375  of any relief act specified in s. 11.065 shall state the name of
  376  the claimant, the nature of the injury or loss for which the
  377  claim is made, and the amount of the claim against the affected
  378  municipality’s revenue-sharing trust fund.
  379         Section 11. Subsection (2) of section 45.031, Florida
  380  Statutes, is amended to read:
  381         45.031 Judicial sales procedure.—In any sale of real or
  382  personal property under an order or judgment, the procedures
  383  provided in this section and ss. 45.0315-45.035 may be followed
  384  as an alternative to any other sale procedure if so ordered by
  385  the court.
  386         (2) PUBLICATION OF SALE.—Notice of sale shall be published
  387  on a publicly accessible website for at least 2 consecutive
  388  weeks before the sale or once a week for 2 consecutive weeks in
  389  a newspaper of general circulation, as provided defined in
  390  chapter 50, published in the county where the sale is to be
  391  held. The second publication by newspaper shall be at least 5
  392  days before the sale. The notice shall contain:
  393         (a) A description of the property to be sold.
  394         (b) The time and place of sale.
  395         (c) A statement that the sale will be made pursuant to the
  396  order or final judgment.
  397         (d) The caption of the action.
  398         (e) The name of the clerk making the sale.
  399         (f) A statement that any person claiming an interest in the
  400  surplus from the sale, if any, other than the property owner as
  401  of the date of the lis pendens must file a claim before the
  402  clerk reports the surplus as unclaimed.
  403  
  404  The court, in its discretion, may enlarge the time of the sale.
  405  Notice of the changed time of sale shall be published as
  406  provided herein.
  407         Section 12. Subsection (2) of section 121.0511, Florida
  408  Statutes, is amended to read:
  409         121.0511 Revocation of election and alternative plan.—The
  410  governing body of any municipality or independent special
  411  district that has elected to participate in the Florida
  412  Retirement System may revoke its election in accordance with the
  413  following procedure:
  414         (2) At least 7 days, but not more than 15 days, before the
  415  hearing, notice of intent to revoke, specifying the time and
  416  place of the hearing, must be published as provided in chapter
  417  50 in a newspaper of general circulation in the area affected,
  418  as provided by ss. 50.011-50.031. Proof of publication of the
  419  notice must be submitted to the Department of Management
  420  Services.
  421         Section 13. Paragraphs (b) and (h) of subsection (1) of
  422  section 121.055, Florida Statutes, are amended to read:
  423         121.055 Senior Management Service Class.—There is hereby
  424  established a separate class of membership within the Florida
  425  Retirement System to be known as the “Senior Management Service
  426  Class,” which shall become effective February 1, 1987.
  427         (1)
  428         (b)1. Except as provided in subparagraph 2., effective
  429  January 1, 1990, participation in the Senior Management Service
  430  Class is compulsory for the president of each community college,
  431  the manager of each participating municipality or county, and
  432  all appointed district school superintendents. Effective January
  433  1, 1994, additional positions may be designated for inclusion in
  434  the Senior Management Service Class if:
  435         a. Positions to be included in the class are designated by
  436  the local agency employer. Notice of intent to designate
  437  positions for inclusion in the class must be published for at
  438  least 2 consecutive weeks if published on a publicly accessible
  439  website or once a week for 2 consecutive weeks in a newspaper of
  440  general circulation published in the county or counties
  441  affected, as provided in chapter 50.
  442         b. Up to 10 nonelective full-time positions may be
  443  designated for each local agency employer reporting to the
  444  department; for local agencies with 100 or more regularly
  445  established positions, additional nonelective full-time
  446  positions may be designated, not to exceed 1 percent of the
  447  regularly established positions within the agency.
  448         c. Each position added to the class must be a managerial or
  449  policymaking position filled by an employee who is not subject
  450  to continuing contract and serves at the pleasure of the local
  451  agency employer without civil service protection, and who:
  452         (I) Heads an organizational unit; or
  453         (II) Has responsibility to effect or recommend personnel,
  454  budget, expenditure, or policy decisions in his or her areas of
  455  responsibility.
  456         2. In lieu of participation in the Senior Management
  457  Service Class, members of the Senior Management Service Class,
  458  pursuant to subparagraph 1., may withdraw from the Florida
  459  Retirement System altogether. The decision to withdraw from the
  460  system is irrevocable as long as the employee holds the
  461  position. Any service creditable under the Senior Management
  462  Service Class shall be retained after the member withdraws from
  463  the system; however, additional service credit in the Senior
  464  Management Service Class may not be earned after such
  465  withdrawal. Such members are not eligible to participate in the
  466  Senior Management Service Optional Annuity Program.
  467         3. Effective January 1, 2006, through June 30, 2006, an
  468  employee who has withdrawn from the Florida Retirement System
  469  under subparagraph 2. has one opportunity to elect to
  470  participate in the pension plan or the investment plan.
  471         a. If the employee elects to participate in the investment
  472  plan, membership shall be prospective, and the applicable
  473  provisions of s. 121.4501(4) govern the election.
  474         b. If the employee elects to participate in the pension
  475  plan, the employee shall, upon payment to the system trust fund
  476  of the amount calculated under sub-sub-subparagraph (I), receive
  477  service credit for prior service based upon the time during
  478  which the employee had withdrawn from the system.
  479         (I) The cost for such credit shall be an amount
  480  representing the actuarial accrued liability for the affected
  481  period of service. The cost shall be calculated using the
  482  discount rate and other relevant actuarial assumptions that were
  483  used to value the pension plan liabilities in the most recent
  484  actuarial valuation. The calculation must include any service
  485  already maintained under the pension plan in addition to the
  486  period of withdrawal. The actuarial accrued liability
  487  attributable to any service already maintained under the pension
  488  plan shall be applied as a credit to the total cost resulting
  489  from the calculation. The division must ensure that the transfer
  490  sum is prepared using a formula and methodology certified by an
  491  actuary.
  492         (II) The employee must transfer a sum representing the net
  493  cost owed for the actuarial accrued liability in sub-sub
  494  subparagraph (I) immediately following the time of such
  495  movement, determined assuming that attained service equals the
  496  sum of service in the pension plan and the period of withdrawal.
  497         (h)1. Except as provided in subparagraph 3., effective
  498  January 1, 1994, participation in the Senior Management Service
  499  Class shall be compulsory for the State Courts Administrator and
  500  the Deputy State Courts Administrators, the Clerk of the Supreme
  501  Court, the Marshal of the Supreme Court, the Executive Director
  502  of the Justice Administrative Commission, the capital collateral
  503  regional counsel, the clerks of the district courts of appeals,
  504  the marshals of the district courts of appeals, and the trial
  505  court administrator and the Chief Deputy Court Administrator in
  506  each judicial circuit. Effective January 1, 1994, additional
  507  positions in the offices of the state attorney and public
  508  defender in each judicial circuit may be designated for
  509  inclusion in the Senior Management Service Class of the Florida
  510  Retirement System, provided that:
  511         a. Positions to be included in the class shall be
  512  designated by the state attorney or public defender, as
  513  appropriate. Notice of intent to designate positions for
  514  inclusion in the class shall be published for at least 2
  515  consecutive weeks if published on a publicly accessible website
  516  or once a week for 2 consecutive weeks in a newspaper of general
  517  circulation published in the county or counties affected, as
  518  provided in chapter 50.
  519         b. One nonelective full-time position may be designated for
  520  each state attorney and public defender reporting to the
  521  Department of Management Services; for agencies with 200 or more
  522  regularly established positions under the state attorney or
  523  public defender, additional nonelective full-time positions may
  524  be designated, not to exceed 0.5 percent of the regularly
  525  established positions within the agency.
  526         c. Each position added to the class must be a managerial or
  527  policymaking position filled by an employee who serves at the
  528  pleasure of the state attorney or public defender without civil
  529  service protection, and who:
  530         (I) Heads an organizational unit; or
  531         (II) Has responsibility to effect or recommend personnel,
  532  budget, expenditure, or policy decisions in his or her areas of
  533  responsibility.
  534         2. Participation in this class shall be compulsory, except
  535  as provided in subparagraph 3., for any judicial employee who
  536  holds a position designated for coverage in the Senior
  537  Management Service Class, and such participation shall continue
  538  until the employee terminates employment in a covered position.
  539  Effective January 1, 2001, participation in this class is
  540  compulsory for assistant state attorneys, assistant statewide
  541  prosecutors, assistant public defenders, and assistant capital
  542  collateral regional counsel. Effective January 1, 2002,
  543  participation in this class is compulsory for assistant
  544  attorneys general.
  545         3. In lieu of participation in the Senior Management
  546  Service Class, such members, excluding assistant state
  547  attorneys, assistant public defenders, assistant statewide
  548  prosecutors, assistant attorneys general, and assistant capital
  549  collateral regional counsel, may participate in the Senior
  550  Management Service Optional Annuity Program as established in
  551  subsection (6).
  552         Section 14. Paragraph (a) of subsection (2) and paragraph
  553  (b) of subsection (4) of section 125.66, Florida Statutes, are
  554  amended to read:
  555         125.66 Ordinances; enactment procedure; emergency
  556  ordinances; rezoning or change of land use ordinances or
  557  resolutions.—
  558         (2)(a) The regular enactment procedure shall be as follows:
  559  The board of county commissioners at any regular or special
  560  meeting may enact or amend any ordinance, except as provided in
  561  subsection (4), if notice of intent to consider such ordinance
  562  is given at least 10 days prior to said meeting by publication
  563  as provided in chapter 50 in a newspaper of general circulation
  564  in the county. A copy of such notice shall be kept available for
  565  public inspection during the regular business hours of the
  566  office of the clerk of the board of county commissioners. The
  567  notice of proposed enactment shall state the date, time, and
  568  place of the meeting; the title or titles of proposed
  569  ordinances; and the place or places within the county where such
  570  proposed ordinances may be inspected by the public. The notice
  571  shall also advise that interested parties may appear at the
  572  meeting and be heard with respect to the proposed ordinance.
  573         (4) Ordinances or resolutions, initiated by other than the
  574  county, that change the actual zoning map designation of a
  575  parcel or parcels of land shall be enacted pursuant to
  576  subsection (2). Ordinances or resolutions that change the actual
  577  list of permitted, conditional, or prohibited uses within a
  578  zoning category, or ordinances or resolutions initiated by the
  579  county that change the actual zoning map designation of a parcel
  580  or parcels of land shall be enacted pursuant to the following
  581  procedure:
  582         (b) In cases in which the proposed ordinance or resolution
  583  changes the actual list of permitted, conditional, or prohibited
  584  uses within a zoning category, or changes the actual zoning map
  585  designation of a parcel or parcels of land involving 10
  586  contiguous acres or more, the board of county commissioners
  587  shall provide for public notice and hearings as follows:
  588         1. The board of county commissioners shall hold two
  589  advertised public hearings on the proposed ordinance or
  590  resolution. At least one hearing shall be held after 5 p.m. on a
  591  weekday, unless the board of county commissioners, by a majority
  592  plus one vote, elects to conduct that hearing at another time of
  593  day. The first public hearing shall be held at least 7 days
  594  after the day that the first advertisement is published. The
  595  second hearing shall be held at least 10 days after the first
  596  hearing and shall be advertised at least 5 days prior to the
  597  public hearing.
  598         2. If published in a newspaper, the required advertisements
  599  shall be no less than 2 columns wide by 10 inches long in a
  600  standard size or a tabloid size newspaper, and the headline in
  601  the advertisement shall be in a type no smaller than 18 point.
  602  The advertisement shall not be placed in that portion of the
  603  newspaper where legal notices and classified advertisements
  604  appear. The advertisement shall be placed in a newspaper of
  605  general paid circulation in the county and of general interest
  606  and readership in the community pursuant to chapter 50, not one
  607  of limited subject matter. It is the legislative intent that,
  608  whenever possible, the advertisement shall appear in a newspaper
  609  that is published at least weekly 5 days a week unless the only
  610  newspaper in the community is published less than weekly 5 days
  611  a week. The advertisement shall be in substantially the
  612  following form:
  613                     NOTICE OF (TYPE OF) CHANGE                    
  614         The ...(name of local governmental unit)... proposes to
  615  adopt the following by ordinance or resolution:...(title of
  616  ordinance or resolution)....
  617         A public hearing on the ordinance or resolution will be
  618  held on ...(date and time)... at ...(meeting place)....
  619  Except for amendments which change the actual list of permitted,
  620  conditional, or prohibited uses within a zoning category, the
  621  advertisement shall contain a geographic location map which
  622  clearly indicates the area within the local government covered
  623  by the proposed ordinance or resolution. The map shall include
  624  major street names as a means of identification of the general
  625  area. In addition to being published on a publicly accessible
  626  website or in the newspaper, the map must be part of the online
  627  notice required pursuant to s. 50.0211 or s. 50.0311.
  628         3. In lieu of publishing the advertisements set out in this
  629  paragraph, the board of county commissioners may mail a notice
  630  to each person owning real property within the area covered by
  631  the ordinance or resolution. Such notice shall clearly explain
  632  the proposed ordinance or resolution and shall notify the person
  633  of the time, place, and location of both public hearings on the
  634  proposed ordinance or resolution.
  635         Section 15. Paragraph (a) of subsection (2) of section
  636  162.12, Florida Statutes, is amended to read:
  637         162.12 Notices.—
  638         (2) In addition to providing notice as set forth in
  639  subsection (1), at the option of the code enforcement board or
  640  the local government, notice may be served by publication or
  641  posting, as follows:
  642         (a)1. Such notice shall be published for 4 consecutive
  643  weeks on a publicly accessible website as provided in chapter 50
  644  or once during each week for 4 consecutive weeks (four
  645  publications being sufficient) in a newspaper of general
  646  circulation in the county where the code enforcement board is
  647  located. The newspaper shall meet such requirements as are
  648  prescribed under chapter 50 for legal and official
  649  advertisements.
  650         2. Proof of publication shall be made as provided in ss.
  651  50.041 and 50.051.
  652         Section 16. Paragraph (c) of subsection (3) of section
  653  166.041, Florida Statutes, is amended to read:
  654         166.041 Procedures for adoption of ordinances and
  655  resolutions.—
  656         (3)
  657         (c) Ordinances initiated by other than the municipality
  658  that change the actual zoning map designation of a parcel or
  659  parcels of land shall be enacted pursuant to paragraph (a).
  660  Ordinances that change the actual list of permitted,
  661  conditional, or prohibited uses within a zoning category, or
  662  ordinances initiated by the municipality that change the actual
  663  zoning map designation of a parcel or parcels of land shall be
  664  enacted pursuant to the following procedure:
  665         1. In cases in which the proposed ordinance changes the
  666  actual zoning map designation for a parcel or parcels of land
  667  involving less than 10 contiguous acres, the governing body
  668  shall direct the clerk of the governing body to notify by mail
  669  each real property owner whose land the municipality will
  670  redesignate by enactment of the ordinance and whose address is
  671  known by reference to the latest ad valorem tax records. The
  672  notice shall state the substance of the proposed ordinance as it
  673  affects that property owner and shall set a time and place for
  674  one or more public hearings on such ordinance. Such notice shall
  675  be given at least 30 days prior to the date set for the public
  676  hearing, and a copy of the notice shall be kept available for
  677  public inspection during the regular business hours of the
  678  office of the clerk of the governing body. The governing body
  679  shall hold a public hearing on the proposed ordinance and may,
  680  upon the conclusion of the hearing, immediately adopt the
  681  ordinance.
  682         2. In cases in which the proposed ordinance changes the
  683  actual list of permitted, conditional, or prohibited uses within
  684  a zoning category, or changes the actual zoning map designation
  685  of a parcel or parcels of land involving 10 contiguous acres or
  686  more, the governing body shall provide for public notice and
  687  hearings as follows:
  688         a. The local governing body shall hold two advertised
  689  public hearings on the proposed ordinance. At least one hearing
  690  shall be held after 5 p.m. on a weekday, unless the local
  691  governing body, by a majority plus one vote, elects to conduct
  692  that hearing at another time of day. The first public hearing
  693  shall be held at least 7 days after the day that the first
  694  advertisement is published. The second hearing shall be held at
  695  least 10 days after the first hearing and shall be advertised at
  696  least 5 days prior to the public hearing.
  697         b. If published in a newspaper, the required advertisements
  698  shall be no less than 2 columns wide by 10 inches long in a
  699  standard size or a tabloid size newspaper, and the headline in
  700  the advertisement shall be in a type no smaller than 18 point.
  701  The advertisement shall not be placed in that portion of the
  702  newspaper where legal notices and classified advertisements
  703  appear. The advertisement shall be placed in a newspaper of
  704  general paid circulation in the municipality and of general
  705  interest and readership in the municipality, not one of limited
  706  subject matter, pursuant to chapter 50. It is the legislative
  707  intent that, whenever possible, the advertisement appear in a
  708  newspaper that is published at least weekly 5 days a week unless
  709  the only newspaper in the municipality is published less than
  710  weekly 5 days a week. The advertisement shall be in
  711  substantially the following form:
  712                     NOTICE OF (TYPE OF) CHANGE                    
  713         The ...(name of local governmental unit)... proposes to
  714  adopt the following ordinance:...(title of the ordinance)....
  715         A public hearing on the ordinance will be held on ...(date
  716  and time)... at ...(meeting place)....
  717  Except for amendments which change the actual list of permitted,
  718  conditional, or prohibited uses within a zoning category, the
  719  advertisement shall contain a geographic location map which
  720  clearly indicates the area covered by the proposed ordinance.
  721  The map shall include major street names as a means of
  722  identification of the general area. If In addition to being
  723  published in the newspaper, the map must also be part of the
  724  online notice required pursuant to s. 50.0211 or s. 50.0311.
  725         c. In lieu of publishing the advertisement set out in this
  726  paragraph, the municipality may mail a notice to each person
  727  owning real property within the area covered by the ordinance.
  728  Such notice shall clearly explain the proposed ordinance and
  729  shall notify the person of the time, place, and location of any
  730  public hearing on the proposed ordinance.
  731         Section 17. Subsection (1) of section 189.015, Florida
  732  Statutes, is amended to read:
  733         189.015 Meetings; notice; required reports.—
  734         (1) The governing body of each special district shall file
  735  quarterly, semiannually, or annually a schedule of its regular
  736  meetings with the local governing authority or authorities. The
  737  schedule shall include the date, time, and location of each
  738  scheduled meeting. The schedule shall be published quarterly,
  739  semiannually, or annually in a newspaper of general paid
  740  circulation in the manner required in this subsection. The
  741  governing body of an independent special district shall
  742  advertise the day, time, place, and purpose of any meeting other
  743  than a regular meeting or any recessed and reconvened meeting of
  744  the governing body, at least 7 days before such meeting as
  745  provided in chapter 50, in a newspaper of general paid
  746  circulation in the county or counties in which the special
  747  district is located, unless a bona fide emergency situation
  748  exists, in which case a meeting to deal with the emergency may
  749  be held as necessary, with reasonable notice, so long as it is
  750  subsequently ratified by the governing body. No approval of the
  751  annual budget shall be granted at an emergency meeting. The
  752  notice shall be posted as provided in advertisement shall be
  753  placed in that portion of the newspaper where legal notices and
  754  classified advertisements appear. The advertisement shall appear
  755  in a newspaper that is published at least 5 days a week, unless
  756  the only newspaper in the county is published fewer than 5 days
  757  a week. The newspaper selected must be one of general interest
  758  and readership in the community and not one of limited subject
  759  matter, pursuant to chapter 50. Any other provision of law to
  760  the contrary notwithstanding, and except in the case of
  761  emergency meetings, water management districts may provide
  762  reasonable notice of public meetings held to evaluate responses
  763  to solicitations issued by the water management district, by
  764  publication as provided in chapter 50 on a publicly accessible
  765  website or in a newspaper of general paid circulation in the
  766  county where the principal office of the water management
  767  district is located, or in the county or counties where the
  768  public work will be performed, no less than 7 days before such
  769  meeting.
  770         Section 18. Paragraph (d) of subsection (1) of section
  771  190.005, Florida Statutes, is amended to read:
  772         190.005 Establishment of district.—
  773         (1) The exclusive and uniform method for the establishment
  774  of a community development district with a size of 2,500 acres
  775  or more shall be pursuant to a rule, adopted under chapter 120
  776  by the Florida Land and Water Adjudicatory Commission, granting
  777  a petition for the establishment of a community development
  778  district.
  779         (d) A local public hearing on the petition shall be
  780  conducted by a hearing officer in conformance with the
  781  applicable requirements and procedures of the Administrative
  782  Procedure Act. The hearing shall include oral and written
  783  comments on the petition pertinent to the factors specified in
  784  paragraph (e). The hearing shall be held at an accessible
  785  location in the county in which the community development
  786  district is to be located. The petitioner shall cause a notice
  787  of the hearing to be published for 4 successive weeks on a
  788  publicly accessible website or in a newspaper at least once a
  789  week for the 4 successive weeks immediately prior to the hearing
  790  as provided in chapter 50. Such notice shall give the time and
  791  place for the hearing, a description of the area to be included
  792  in the district, which description shall include a map showing
  793  clearly the area to be covered by the district, and any other
  794  relevant information which the establishing governing bodies may
  795  require. If published in a newspaper, the advertisement shall
  796  not be placed in that portion of the newspaper where legal
  797  notices and classified advertisements appear. The advertisement
  798  shall be published in a newspaper of general paid circulation in
  799  the county and of general interest and readership in the
  800  community, not one of limited subject matter, pursuant to
  801  chapter 50. Whenever possible, the advertisement shall appear in
  802  a newspaper that is published at least weekly 5 days a week,
  803  unless the only newspaper in the community is published less
  804  than weekly fewer than 5 days a week. If In addition to being
  805  published in the newspaper, the map referenced above must also
  806  be part of the online advertisement required pursuant to s.
  807  50.0211 or s. 50.0311. All affected units of general-purpose
  808  local government and the general public shall be given an
  809  opportunity to appear at the hearing and present oral or written
  810  comments on the petition.
  811         Section 19. Paragraph (h) of subsection (1) of section
  812  190.046, Florida Statutes, is amended to read:
  813         190.046 Termination, contraction, or expansion of
  814  district.—
  815         (1) A landowner or the board may petition to contract or
  816  expand the boundaries of a community development district in the
  817  following manner:
  818         (h) For a petition to establish a new community development
  819  district of less than 2,500 acres on land located solely in one
  820  county or one municipality, sufficiently contiguous lands
  821  located within the county or municipality which the petitioner
  822  anticipates adding to the boundaries of the district within 10
  823  years after the effective date of the ordinance establishing the
  824  district may also be identified. If such sufficiently contiguous
  825  land is identified, the petition must include a legal
  826  description of each additional parcel within the sufficiently
  827  contiguous land, the current owner of the parcel, the acreage of
  828  the parcel, and the current land use designation of the parcel.
  829  At least 14 days before the hearing required under s.
  830  190.005(2)(b), the petitioner must give the current owner of
  831  each such parcel notice of filing the petition to establish the
  832  district, the date and time of the public hearing on the
  833  petition, and the name and address of the petitioner. A parcel
  834  may not be included in the district without the written consent
  835  of the owner of the parcel.
  836         1. After establishment of the district, a person may
  837  petition the county or municipality to amend the boundaries of
  838  the district to include a previously identified parcel that was
  839  a proposed addition to the district before its establishment. A
  840  filing fee may not be charged for this petition. Each such
  841  petition must include:
  842         a. A legal description by metes and bounds of the parcel to
  843  be added;
  844         b. A new legal description by metes and bounds of the
  845  district;
  846         c. Written consent of all owners of the parcel to be added;
  847         d. A map of the district including the parcel to be added;
  848         e. A description of the development proposed on the
  849  additional parcel; and
  850         f. A copy of the original petition identifying the parcel
  851  to be added.
  852         2. Before filing with the county or municipality, the
  853  person must provide the petition to the district and to the
  854  owner of the proposed additional parcel, if the owner is not the
  855  petitioner.
  856         3. Once the petition is determined sufficient and complete,
  857  the county or municipality must process the addition of the
  858  parcel to the district as an amendment to the ordinance that
  859  establishes the district. The county or municipality may process
  860  all petitions to amend the ordinance for parcels identified in
  861  the original petition, even if, by adding such parcels, the
  862  district exceeds 2,500 acres.
  863         4. The petitioner shall cause to be published in a
  864  newspaper of general circulation in the proposed district a
  865  notice of the intent to amend the ordinance that establishes the
  866  district. The notice must be in addition to any notice required
  867  for adoption of the ordinance amendment. Such notice must be
  868  published as provided in chapter 50 at least 10 days before the
  869  scheduled hearing on the ordinance amendment and may be
  870  published in the section of the newspaper reserved for legal
  871  notices. The notice must include a general description of the
  872  land to be added to the district and the date and time of the
  873  scheduled hearing to amend the ordinance. The petitioner shall
  874  deliver, including by mail or hand delivery, the notice of the
  875  hearing on the ordinance amendment to the owner of the parcel
  876  and to the district at least 14 days before the scheduled
  877  hearing.
  878         5. The amendment of a district by the addition of a parcel
  879  pursuant to this paragraph does not alter the transition from
  880  landowner voting to qualified elector voting pursuant to s.
  881  190.006, even if the total size of the district after the
  882  addition of the parcel exceeds 5,000 acres. Upon adoption of the
  883  ordinance expanding the district, the petitioner must cause to
  884  be recorded a notice of boundary amendment which reflects the
  885  new boundaries of the district.
  886         6. This paragraph is intended to facilitate the orderly
  887  addition of lands to a district under certain circumstances and
  888  does not preclude the addition of lands to any district using
  889  the procedures in the other provisions of this section.
  890         Section 20. Subsection (1) of section 194.037, Florida
  891  Statutes, is amended to read:
  892         194.037 Disclosure of tax impact.—
  893         (1) After hearing all petitions, complaints, appeals, and
  894  disputes, the clerk shall make public notice of the findings and
  895  results of the board as provided in chapter 50. If published in
  896  a newspaper, the notice must be in at least a quarter-page size
  897  advertisement of a standard size or tabloid size newspaper, and
  898  the headline shall be in a type no smaller than 18 point. The
  899  advertisement shall not be placed in that portion of the
  900  newspaper where legal notices and classified advertisements
  901  appear. The advertisement shall be published in a newspaper of
  902  general paid circulation in the county. The newspaper selected
  903  shall be one of general interest and readership in the
  904  community, and not one of limited subject matter, pursuant to
  905  chapter 50. For all advertisements published pursuant to this
  906  section, the headline shall read: TAX IMPACT OF VALUE ADJUSTMENT
  907  BOARD. The public notice shall list the members of the value
  908  adjustment board and the taxing authorities to which they are
  909  elected. The form shall show, in columnar form, for each of the
  910  property classes listed under subsection (2), the following
  911  information, with appropriate column totals:
  912         (a) In the first column, the number of parcels for which
  913  the board granted exemptions that had been denied or that had
  914  not been acted upon by the property appraiser.
  915         (b) In the second column, the number of parcels for which
  916  petitions were filed concerning a property tax exemption.
  917         (c) In the third column, the number of parcels for which
  918  the board considered the petition and reduced the assessment
  919  from that made by the property appraiser on the initial
  920  assessment roll.
  921         (d) In the fourth column, the number of parcels for which
  922  petitions were filed but not considered by the board because
  923  such petitions were withdrawn or settled prior to the board’s
  924  consideration.
  925         (e) In the fifth column, the number of parcels for which
  926  petitions were filed requesting a change in assessed value,
  927  including requested changes in assessment classification.
  928         (f) In the sixth column, the net change in taxable value
  929  from the assessor’s initial roll which results from board
  930  decisions.
  931         (g) In the seventh column, the net shift in taxes to
  932  parcels not granted relief by the board. The shift shall be
  933  computed as the amount shown in column 6 multiplied by the
  934  applicable millage rates adopted by the taxing authorities in
  935  hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
  936  the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  937  Constitution, but without adjustment as authorized pursuant to
  938  s. 200.065(6). If for any taxing authority the hearing has not
  939  been completed at the time the notice required herein is
  940  prepared, the millage rate used shall be that adopted in the
  941  hearing held pursuant to s. 200.065(2)(c).
  942         Section 21. Subsection (1) of section 197.402, Florida
  943  Statutes, is amended to read:
  944         197.402 Advertisement of real or personal property with
  945  delinquent taxes.—
  946         (1) If advertisements are required, the board of county
  947  commissioners shall make such notice select the newspaper as
  948  provided in chapter 50. The tax collector shall pay all
  949  newspaper charges, and the proportionate cost of the
  950  advertisements shall be added to the delinquent taxes collected.
  951         Section 22. Subsection (3) of section 200.065, Florida
  952  Statutes, is amended to read:
  953         200.065 Method of fixing millage.—
  954         (3) The advertisement shall be published as provided in
  955  chapter 50. If the advertisement is published by newspaper, the
  956  advertisement must be no less than one-quarter page in size of a
  957  standard size or a tabloid size newspaper, and the headline in
  958  the advertisement shall be in a type no smaller than 18 point.
  959  The advertisement shall not be placed in that portion of the
  960  newspaper where legal notices and classified advertisements
  961  appear. The advertisement shall be published in a newspaper of
  962  general paid circulation in the county or in a geographically
  963  limited insert of such newspaper. The geographic boundaries in
  964  which such insert is circulated shall include the geographic
  965  boundaries of the taxing authority. It is the legislative intent
  966  that, whenever possible, the advertisement appear in a newspaper
  967  that is published at least weekly 5 days a week unless the only
  968  newspaper in the county is published less than weekly 5 days a
  969  week, or that the advertisement appear in a geographically
  970  limited insert of such newspaper which insert is published
  971  throughout the taxing authority’s jurisdiction at least twice
  972  each week. It is further the legislative intent that the
  973  newspaper selected be one of general interest and readership in
  974  the community and not one of limited subject matter, pursuant to
  975  chapter 50.
  976         (a) For taxing authorities other than school districts
  977  which have tentatively adopted a millage rate in excess of 100
  978  percent of the rolled-back rate computed pursuant to subsection
  979  (1), the advertisement shall be in the following form:
  980  
  981                   NOTICE OF PROPOSED TAX INCREASE                 
  982  
  983         The ...(name of the taxing authority)... has tentatively
  984  adopted a measure to increase its property tax levy.
  985  Last year’s property tax levy:
  986         A. Initially proposed tax levy................$XX,XXX,XXX
  987         B. Less tax reductions due to Value Adjustment Board and
  988  other assessment changes...........................($XX,XXX,XXX)
  989         C. Actual property tax levy...................$XX,XXX,XXX
  990  This year’s proposed tax levy........................$XX,XXX,XXX
  991         All concerned citizens are invited to attend a public
  992  hearing on the tax increase to be held on ...(date and time)...
  993  at ...(meeting place)....
  994         A FINAL DECISION on the proposed tax increase and the
  995  budget will be made at this hearing.
  996  
  997         (b) In all instances in which the provisions of paragraph
  998  (a) are inapplicable for taxing authorities other than school
  999  districts, the advertisement shall be in the following form:
 1000  
 1001                      NOTICE OF BUDGET HEARING                     
 1002  
 1003         The ...(name of taxing authority)... has tentatively
 1004  adopted a budget for ...(fiscal year).... A public hearing to
 1005  make a FINAL DECISION on the budget AND TAXES will be held on
 1006  ...(date and time)... at ...(meeting place)....
 1007  
 1008         (c) For school districts which have proposed a millage rate
 1009  in excess of 100 percent of the rolled-back rate computed
 1010  pursuant to subsection (1) and which propose to levy nonvoted
 1011  millage in excess of the minimum amount required pursuant to s.
 1012  1011.60(6), the advertisement shall be in the following form:
 1013  
 1014                   NOTICE OF PROPOSED TAX INCREASE                 
 1015  
 1016         The ...(name of school district)... will soon consider a
 1017  measure to increase its property tax levy.
 1018  Last year’s property tax levy:
 1019         A. Initially proposed tax levy................$XX,XXX,XXX
 1020         B. Less tax reductions due to Value Adjustment Board and
 1021  other assessment changes...........................($XX,XXX,XXX)
 1022         C. Actual property tax levy...................$XX,XXX,XXX
 1023  This year’s proposed tax levy........................$XX,XXX,XXX
 1024         A portion of the tax levy is required under state law in
 1025  order for the school board to receive $...(amount A)... in state
 1026  education grants. The required portion has ...(increased or
 1027  decreased)... by ...(amount B)... percent and represents
 1028  approximately ...(amount C)... of the total proposed taxes.
 1029         The remainder of the taxes is proposed solely at the
 1030  discretion of the school board.
 1031         All concerned citizens are invited to a public hearing on
 1032  the tax increase to be held on ...(date and time)... at
 1033  ...(meeting place)....
 1034         A DECISION on the proposed tax increase and the budget will
 1035  be made at this hearing.
 1036         1. AMOUNT A shall be an estimate, provided by the
 1037  Department of Education, of the amount to be received in the
 1038  current fiscal year by the district from state appropriations
 1039  for the Florida Education Finance Program.
 1040         2. AMOUNT B shall be the percent increase over the rolled
 1041  back rate necessary to levy only the required local effort in
 1042  the current fiscal year, computed as though in the preceding
 1043  fiscal year only the required local effort was levied.
 1044         3. AMOUNT C shall be the quotient of required local-effort
 1045  millage divided by the total proposed nonvoted millage, rounded
 1046  to the nearest tenth and stated in words; however, the stated
 1047  amount shall not exceed nine-tenths.
 1048  
 1049         (d) For school districts which have proposed a millage rate
 1050  in excess of 100 percent of the rolled-back rate computed
 1051  pursuant to subsection (1) and which propose to levy as nonvoted
 1052  millage only the minimum amount required pursuant to s.
 1053  1011.60(6), the advertisement shall be the same as provided in
 1054  paragraph (c), except that the second and third paragraphs shall
 1055  be replaced with the following paragraph:
 1056  
 1057         This increase is required under state law in order for the
 1058  school board to receive $...(amount A)... in state education
 1059  grants.
 1060  
 1061         (e) In all instances in which the provisions of paragraphs
 1062  (c) and (d) are inapplicable for school districts, the
 1063  advertisement shall be in the following form:
 1064  
 1065                      NOTICE OF BUDGET HEARING                     
 1066  
 1067         The ...(name of school district)... will soon consider a
 1068  budget for ...(fiscal year).... A public hearing to make a
 1069  DECISION on the budget AND TAXES will be held on ...(date and
 1070  time)... at ...(meeting place)....
 1071  
 1072         (f) In lieu of publishing the notice set out in this
 1073  subsection, the taxing authority may mail a copy of the notice
 1074  to each elector residing within the jurisdiction of the taxing
 1075  authority.
 1076         (g) In the event that the mailing of the notice of proposed
 1077  property taxes is delayed beyond September 3 in a county, any
 1078  multicounty taxing authority which levies ad valorem taxes
 1079  within that county shall advertise its intention to adopt a
 1080  tentative budget and millage rate in a newspaper of paid general
 1081  circulation within that county, as provided in this subsection,
 1082  and shall hold the hearing required pursuant to paragraph (2)(c)
 1083  not less than 2 days or more than 5 days thereafter, and not
 1084  later than September 18. The advertisement shall be in the
 1085  following form, unless the proposed millage rate is less than or
 1086  equal to the rolled-back rate, computed pursuant to subsection
 1087  (1), in which case the advertisement shall be as provided in
 1088  paragraph (e):
 1089  
 1090                       NOTICE OF TAX INCREASE                      
 1091  
 1092         The ...(name of the taxing authority)... proposes to
 1093  increase its property tax levy by ...(percentage of increase
 1094  over rolled-back rate)... percent.
 1095         All concerned citizens are invited to attend a public
 1096  hearing on the proposed tax increase to be held on ...(date and
 1097  time)... at ...(meeting place)....
 1098  
 1099         (h) In no event shall any taxing authority add to or delete
 1100  from the language of the advertisements as specified herein
 1101  unless expressly authorized by law, except that, if an increase
 1102  in ad valorem tax rates will affect only a portion of the
 1103  jurisdiction of a taxing authority, advertisements may include a
 1104  map or geographical description of the area to be affected and
 1105  the proposed use of the tax revenues under consideration. In
 1106  addition, if published in the newspaper, the map must be part of
 1107  the online advertisement required by s. 50.0211 or s. 50.0311.
 1108  The advertisements required herein shall not be accompanied,
 1109  preceded, or followed by other advertising or notices which
 1110  conflict with or modify the substantive content prescribed
 1111  herein.
 1112         (i) The advertisements required pursuant to paragraphs (b)
 1113  and (e) need not be one-quarter page in size or have a headline
 1114  in type no smaller than 18 point.
 1115         (j) The amounts to be published as percentages of increase
 1116  over the rolled-back rate pursuant to this subsection shall be
 1117  based on aggregate millage rates and shall exclude voted millage
 1118  levies unless expressly provided otherwise in this subsection.
 1119         (k) Any taxing authority which will levy an ad valorem tax
 1120  for an upcoming budget year but does not levy an ad valorem tax
 1121  currently shall, in the advertisement specified in paragraph
 1122  (a), paragraph (c), paragraph (d), or paragraph (g), replace the
 1123  phrase “increase its property tax levy by ...(percentage of
 1124  increase over rolled-back rate)... percent” with the phrase
 1125  “impose a new property tax levy of $...(amount)... per $1,000
 1126  value.”
 1127         (l) Any advertisement required pursuant to this section
 1128  shall be accompanied by an adjacent notice meeting the budget
 1129  summary requirements of s. 129.03(3)(b). Except for those taxing
 1130  authorities proposing to levy ad valorem taxes for the first
 1131  time, the following statement shall appear in the budget summary
 1132  in boldfaced type immediately following the heading, if the
 1133  applicable percentage is greater than zero:
 1134  
 1135         THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of
 1136  taxing authority)... ARE ...(percent rounded to one decimal
 1137  place)... MORE THAN LAST YEAR’S TOTAL OPERATING EXPENDITURES.
 1138  
 1139  For purposes of this paragraph, “proposed operating budget
 1140  expenditures” or “operating expenditures” means all moneys of
 1141  the local government, including dependent special districts,
 1142  that:
 1143         1. Were or could be expended during the applicable fiscal
 1144  year, or
 1145         2. Were or could be retained as a balance for future
 1146  spending in the fiscal year.
 1147  
 1148  Provided, however, those moneys held in or used in trust,
 1149  agency, or internal service funds, and expenditures of bond
 1150  proceeds for capital outlay or for advanced refunded debt
 1151  principal, shall be excluded.
 1152         Section 23. Paragraph (c) of subsection (1) of section
 1153  338.223, Florida Statutes, is amended to read:
 1154         338.223 Proposed turnpike projects.—
 1155         (1)
 1156         (c) Prior to requesting legislative approval of a proposed
 1157  turnpike project, the environmental feasibility of the proposed
 1158  project shall be reviewed by the Department of Environmental
 1159  Protection. The department shall submit its Project Development
 1160  and Environmental Report to the Department of Environmental
 1161  Protection, along with a draft copy of a public notice. Within
 1162  14 days of receipt of the draft public notice, the Department of
 1163  Environmental Protection shall return the draft public notice to
 1164  the Department of Transportation with an approval of the
 1165  language or modifications to the language. Upon receipt of the
 1166  approved or modified draft, or if no comments are provided
 1167  within 14 days, the Department of Transportation shall publish
 1168  the notice as provided in chapter 50 in a newspaper to provide a
 1169  30-day public comment period. If published in a newspaper, the
 1170  headline of the required notice shall be in a type no smaller
 1171  than 18 point. The notice shall be placed in that portion of the
 1172  newspaper where legal notices appear and. The notice shall be
 1173  published in a newspaper of general circulation in the county or
 1174  counties of general interest and readership in the community as
 1175  provided in s. 50.031, not one of limited subject matter.
 1176  Whenever possible, the notice shall appear in a newspaper that
 1177  is published at least weekly 5 days a week. All The notices
 1178  notice published pursuant to this section shall include, at a
 1179  minimum but is not limited to, the following information:
 1180         1. The purpose of the notice is to provide for a 30-day
 1181  period for written public comments on the environmental impacts
 1182  of a proposed turnpike project.
 1183         2. The name and description of the project, along with a
 1184  geographic location map clearly indicating the area where the
 1185  proposed project will be located.
 1186         3. The address where such comments must be sent and the
 1187  date such comments are due.
 1188  
 1189  After a review of the department’s report and any public
 1190  comments, the Department of Environmental Protection shall
 1191  submit a statement of environmental feasibility to the
 1192  department within 30 days after the date on which public
 1193  comments are due. The notice and the statement of environmental
 1194  feasibility shall not give rise to any rights to a hearing or
 1195  other rights or remedies provided pursuant to chapter 120 or
 1196  chapter 403, and shall not bind the Department of Environmental
 1197  Protection in any subsequent environmental permit review.
 1198         Section 24. Subsection (3) of section 348.0308, Florida
 1199  Statutes, is amended to read:
 1200         348.0308 Public-private partnership.—The Legislature
 1201  declares that there is a public need for the rapid construction
 1202  of safe and efficient transportation facilities for traveling
 1203  within the state and that it is in the public’s interest to
 1204  provide for public-private partnership agreements to effectuate
 1205  the construction of additional safe, convenient, and economical
 1206  transportation facilities.
 1207         (3) The agency may request proposals for public-private
 1208  transportation projects or, if it receives an unsolicited
 1209  proposal, it must publish a notice in the Florida Administrative
 1210  Register and as provided in chapter 50 a newspaper of general
 1211  circulation in the county in which it is located at least once a
 1212  week for 2 weeks stating that it has received the proposal and
 1213  will accept, for 60 days after the initial date of publication,
 1214  other proposals for the same project purpose. A copy of the
 1215  notice must be mailed to each local government in the affected
 1216  areas. After the public notification period has expired, the
 1217  agency shall rank the proposals in order of preference. In
 1218  ranking the proposals, the agency shall consider professional
 1219  qualifications, general business terms, innovative engineering
 1220  or cost-reduction terms, finance plans, and the need for state
 1221  funds to deliver the proposal. If the agency is not satisfied
 1222  with the results of the negotiations, it may, at its sole
 1223  discretion, terminate negotiations with the proposer. If these
 1224  negotiations are unsuccessful, the agency may go to the second
 1225  and lower-ranked firms, in order, using the same procedure. If
 1226  only one proposal is received, the agency may negotiate in good
 1227  faith, and if it is not satisfied with the results, it may, at
 1228  its sole discretion, terminate negotiations with the proposer.
 1229  The agency may, at its discretion, reject all proposals at any
 1230  point in the process up to completion of a contract with the
 1231  proposer.
 1232         Section 25. Subsection (3) of section 348.635, Florida
 1233  Statutes, is amended to read:
 1234         348.635 Public-private partnership.—The Legislature
 1235  declares that there is a public need for the rapid construction
 1236  of safe and efficient transportation facilities for traveling
 1237  within the state and that it is in the public’s interest to
 1238  provide for public-private partnership agreements to effectuate
 1239  the construction of additional safe, convenient, and economical
 1240  transportation facilities.
 1241         (3) The authority may request proposals for public-private
 1242  transportation projects or, if it receives an unsolicited
 1243  proposal, it must publish a notice in the Florida Administrative
 1244  Register as provided in chapter 50 and a newspaper of general
 1245  circulation in the county in which it is located at least once a
 1246  week for 2 weeks stating that it has received the proposal and
 1247  will accept, for 60 days after the initial date of publication,
 1248  other proposals for the same project purpose. A copy of the
 1249  notice must be mailed to each local government in the affected
 1250  areas. After the public notification period has expired, the
 1251  authority shall rank the proposals in order of preference. In
 1252  ranking the proposals, the authority shall consider professional
 1253  qualifications, general business terms, innovative engineering
 1254  or cost-reduction terms, finance plans, and the need for state
 1255  funds to deliver the proposal. If the authority is not satisfied
 1256  with the results of the negotiations, it may, at its sole
 1257  discretion, terminate negotiations with the proposer. If these
 1258  negotiations are unsuccessful, the authority may go to the
 1259  second and lower-ranked firms, in order, using the same
 1260  procedure. If only one proposal is received, the authority may
 1261  negotiate in good faith, and if it is not satisfied with the
 1262  results, it may, at its sole discretion, terminate negotiations
 1263  with the proposer. The authority may, at its discretion, reject
 1264  all proposals at any point in the process up to completion of a
 1265  contract with the proposer.
 1266         Section 26. Subsection (3) of section 348.7605, Florida
 1267  Statutes, is amended to read:
 1268         348.7605 Public-private partnership.—The Legislature
 1269  declares that there is a public need for the rapid construction
 1270  of safe and efficient transportation facilities for traveling
 1271  within the state and that it is in the public’s interest to
 1272  provide for public-private partnership agreements to effectuate
 1273  the construction of additional safe, convenient, and economical
 1274  transportation facilities.
 1275         (3) The authority may request proposals for public-private
 1276  transportation projects or, if it receives an unsolicited
 1277  proposal, it must publish a notice in the Florida Administrative
 1278  Register and as provided in chapter 50 a newspaper of general
 1279  circulation in the county in which it is located at least once a
 1280  week for 2 weeks stating that it has received the proposal and
 1281  will accept, for 60 days after the initial date of publication,
 1282  other proposals for the same project purpose. A copy of the
 1283  notice must be mailed to each local government in the affected
 1284  areas. After the public notification period has expired, the
 1285  authority shall rank the proposals in order of preference. In
 1286  ranking the proposals, the authority shall consider professional
 1287  qualifications, general business terms, innovative engineering
 1288  or cost-reduction terms, finance plans, and the need for state
 1289  funds to deliver the proposal. If the authority is not satisfied
 1290  with the results of the negotiations, it may, at its sole
 1291  discretion, terminate negotiations with the proposer. If these
 1292  negotiations are unsuccessful, the authority may go to the
 1293  second and lower-ranked firms, in order, using the same
 1294  procedure. If only one proposal is received, the authority may
 1295  negotiate in good faith, and if it is not satisfied with the
 1296  results, it may, at its sole discretion, terminate negotiations
 1297  with the proposer. The authority may, at its discretion, reject
 1298  all proposals at any point in the process up to completion of a
 1299  contract with the proposer.
 1300         Section 27. Section 373.0397, Florida Statutes, is amended
 1301  to read:
 1302         373.0397 Floridan and Biscayne aquifers; designation of
 1303  prime groundwater recharge areas.—Upon preparation of an
 1304  inventory of prime groundwater recharge areas for the Floridan
 1305  or Biscayne aquifers, but prior to adoption by the governing
 1306  board, the water management district shall publish a legal
 1307  notice of public hearing on the designated areas for the
 1308  Floridan and Biscayne aquifers, with a map delineating the
 1309  boundaries of the areas, as provided in newspapers defined in
 1310  chapter 50 in each county as having general circulation within
 1311  the area to be affected. The notice shall be at least one-fourth
 1312  page and shall read as follows:
 1313                      NOTICE OF PRIME RECHARGE                     
 1314                          AREA DESIGNATION                         
 1315         The ...(name of taxing authority)... proposes to designate
 1316  specific land areas as areas of prime recharge to the ...(name
 1317  of aquifer)... Aquifer.
 1318         All concerned citizens are invited to attend a public
 1319  hearing on the proposed designation to be held on ...(date and
 1320  time)... at ...(meeting place)....
 1321         A map of the affected areas follows.
 1322  The governing board of the water management district shall adopt
 1323  a designation of prime groundwater recharge areas to the
 1324  Floridan and Biscayne aquifers by rule within 120 days after the
 1325  public hearing, subject to the provisions of chapter 120.
 1326         Section 28. Section 373.146, Florida Statutes, is amended
 1327  to read:
 1328         373.146 Publication of notices, process, and papers.—
 1329         (1) Whenever in this chapter the publication of any notice,
 1330  process, or paper is required or provided for, unless otherwise
 1331  provided by law, the publication thereof in some newspaper or
 1332  newspapers as provided defined in chapter 50 in each county
 1333  having general circulation within the area to be affected shall
 1334  be taken and considered as being sufficient.
 1335         (2) Notwithstanding any other provision of law to the
 1336  contrary, and except in the case of emergency meetings, water
 1337  management districts may provide reasonable notice of public
 1338  meetings held to evaluate responses to solicitations issued by
 1339  the water management district, by publication as provided in
 1340  chapter 50 in a newspaper of general paid circulation in the
 1341  county where the principal office of the water management
 1342  district is located, or in the county or counties where the
 1343  public work will be performed, no less than 7 days before such
 1344  meeting.
 1345         Section 29. Subsection (12) of section 403.722, Florida
 1346  Statutes, is amended to read:
 1347         403.722 Permits; hazardous waste disposal, storage, and
 1348  treatment facilities.—
 1349         (12) On the same day of filing with the department of an
 1350  application for a permit for the construction modification, or
 1351  operation of a hazardous waste facility, the applicant shall
 1352  notify each city and county within 1 mile of the facility of the
 1353  filing of the application and shall publish notice of the filing
 1354  of the application. The applicant shall publish a second notice
 1355  of the filing within 14 days after the date of filing. Each
 1356  notice shall be published in a newspaper of general circulation
 1357  in the county in which the facility is located or is proposed to
 1358  be located as provided in chapter 50. Notwithstanding the
 1359  provisions of chapter 50, for purposes of this section, a
 1360  “newspaper of general circulation” shall be the newspaper within
 1361  the county in which the installation or facility is proposed
 1362  which has the largest daily circulation in that county and has
 1363  its principal office in that county. If the newspaper with the
 1364  largest daily circulation has its principal office outside the
 1365  county, the notice shall appear in both the newspaper with the
 1366  largest daily circulation in that county, and a newspaper
 1367  authorized to publish legal notices in that county. The notice
 1368  shall contain:
 1369         (a) The name of the applicant and a brief description of
 1370  the project and its location.
 1371         (b) The location of the application file and when it is
 1372  available for public inspection.
 1373  
 1374  The notice shall be prepared by the applicant and shall comply
 1375  with the following format:
 1376                        Notice of Application                      
 1377  The Department of Environmental Protection announces receipt of
 1378  an application for a permit from ...(name of applicant)... to
 1379  ...(brief description of project).... This proposed project will
 1380  be located at ...(location)... in ...(county)... ...(city)....
 1381  This application is being processed and is available for public
 1382  inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
 1383  Monday through Friday, except legal holidays, at ...(name and
 1384  address of office)....
 1385         Section 30. Paragraph (b) of subsection (3) of section
 1386  712.06, Florida Statutes, is amended to read:
 1387         712.06 Contents of notice; recording and indexing.—
 1388         (3) The person providing the notice referred to in s.
 1389  712.05, other than a notice for preservation of a community
 1390  covenant or restriction, shall:
 1391         (b) Publish the notice referred to in s. 712.05 for 2
 1392  consecutive weeks on a publicly accessible website as provided
 1393  in chapter 50 or once a week, for 2 consecutive weeks in a
 1394  newspaper as defined in chapter 50, the notice referred to in s.
 1395  712.05, with the official record book and page number in which
 1396  such notice was recorded, in a newspaper as defined in chapter
 1397  50 in the county in which the property is located.
 1398         Section 31. Subsection (5) of section 849.38, Florida
 1399  Statutes, is amended to read:
 1400         849.38 Proceedings for forfeiture; notice of seizure and
 1401  order to show cause.—
 1402         (5) If the value of the property seized is shown by the
 1403  sheriff’s return to have an appraised value of $1,000 or less,
 1404  the above citation shall be served by posting at three public
 1405  places in the county, one of which shall be the front door of
 1406  the courthouse; if the value of the property is shown by the
 1407  sheriff’s return to have an approximate value of more than
 1408  $1,000, the citation shall be published for at least 2
 1409  consecutive weeks on a publicly accessible website as provided
 1410  in chapter 50 or at least once each week for 2 consecutive weeks
 1411  in some newspaper of general publication published in the
 1412  county, if there be such a newspaper published in the county and
 1413  if not, then said notice of such publication shall be made by
 1414  certificate of the clerk if publication is made by posting, and
 1415  by affidavit as provided in chapter 50, if made by publication
 1416  as provided in chapter 50 in a newspaper, which affidavit or
 1417  certificate shall be filed and become a part of the record in
 1418  the cause. Failure of the record to show proof of such
 1419  publication shall not affect any judgment made in the cause
 1420  unless it shall affirmatively appear that no such publication
 1421  was made.
 1422         Section 32. Paragraph (a) of subsection (3) of section
 1423  865.09, Florida Statutes, is amended to read:
 1424         865.09 Fictitious name registration.—
 1425         (3) REGISTRATION.—
 1426         (a) A person may not engage in business under a fictitious
 1427  name unless the person first registers the name with the
 1428  division by filing a registration listing:
 1429         1. The name to be registered.
 1430         2. The mailing address of the business.
 1431         3. The name and address of each registrant.
 1432         4. If the registrant is a business entity that was required
 1433  to file incorporation or similar documents with its state of
 1434  organization when it was organized, such entity must be
 1435  registered with the division and in active status with the
 1436  division; provide its Florida document registration number; and
 1437  provide its federal employer identification number if the entity
 1438  has such a number.
 1439         5. Certification by at least one registrant that the
 1440  intention to register such fictitious name has been advertised
 1441  as provided at least once in a newspaper as defined in chapter
 1442  50 in the county in which the principal place of business of the
 1443  registrant is or will be located.
 1444         6. Any other information the division may reasonably deem
 1445  necessary to adequately inform other governmental agencies and
 1446  the public as to the registrant so conducting business.
 1447         Section 33. Paragraph (a) of subsection (6) of section
 1448  932.704, Florida Statutes, is amended to read:
 1449         932.704 Forfeiture proceedings.—
 1450         (6)(a) If the property is required by law to be titled or
 1451  registered, or if the owner of the property is known in fact to
 1452  the seizing agency, or if the seized property is subject to a
 1453  perfected security interest in accordance with the Uniform
 1454  Commercial Code, chapter 679, the attorney for the seizing
 1455  agency shall serve the forfeiture complaint as an original
 1456  service of process under the Florida Rules of Civil Procedure
 1457  and other applicable law to each person having an ownership or
 1458  security interest in the property. The seizing agency shall also
 1459  publish, in accordance with chapter 50, notice of the forfeiture
 1460  complaint for 2 consecutive weeks on a publicly accessible
 1461  website or once each week for 2 consecutive weeks in a newspaper
 1462  of general circulation, as defined in s. 165.031, in the county
 1463  where the seizure occurred.
 1464         Section 34. This act shall take effect July 1, 2021.