1 | A bill to be entitled |
2 | An act relating to legally required advertisements and |
3 | public notices by governmental entities; creating s. |
4 | 50.0311, F.S.; defining "publicly accessible website"; |
5 | authorizing a governmental entity to utilize its publicly |
6 | accessible website for legally required advertisements and |
7 | public notices; providing conditions for such utilization; |
8 | providing for optional receipt of legally required |
9 | advertisements and public notices by first class mail; |
10 | providing requirements for legally required advertisements |
11 | and public notices published on a publicly accessible |
12 | website; amending s. 50.011, F.S.; providing that a |
13 | notice, advertisement, or publication on a publicly |
14 | accessible website in accordance with s. 50.0311, F.S., |
15 | constitutes legal notice; amending s. 50.021, F.S.; |
16 | providing that advertisements directed by law or order or |
17 | decree of court to be made in a county in which no |
18 | newspaper is published may be made by publication on a |
19 | publicly accessible website; amending s. 50.051, F.S.; |
20 | providing clarifying language; amending s. 50.061, F.S.; |
21 | providing clarifying language; amending s. 100.342, F.S.; |
22 | providing for notice of special election or referendum on |
23 | a publicly accessible website; amending s. 125.012, F.S.; |
24 | providing that required publication of notice of a |
25 | county's intention to grant certain exclusive franchises |
26 | may be provided on a publicly accessible website; amending |
27 | s. 125.35, F.S.; providing for publication of notice of |
28 | the sale of real property by a county on a publicly |
29 | accessible website for a specified period; amending s. |
30 | 125.66, F.S.; providing for notice of consideration of an |
31 | ordinance by a board of county commissioners to be |
32 | published on a publicly accessible website; requiring |
33 | maintenance of the advertisement for a specified period; |
34 | providing clarifying language; amending s. 129.03, F.S.; |
35 | providing for the advertisement of a summary statement of |
36 | adopted tentative county budgets on a publicly accessible |
37 | website; amending s. 129.06, F.S.; providing for |
38 | advertisement of a public hearing relating to the |
39 | amendment of a county budget on a publicly accessible |
40 | website; amending s. 138.12, F.S.; providing for |
41 | publication of notice of a proposal to expand a county |
42 | seat and meetings related thereto on a publicly accessible |
43 | website; amending s. 153.53, F.S.; providing for |
44 | publication of notice of an election to create a county |
45 | water and sewer system district on a publicly accessible |
46 | website; amending s. 153.55, F.S.; providing for |
47 | advertisement of a hearing on a report relative to the |
48 | creation of a county water and sewer system district on a |
49 | publicly accessible website; amending s. 153.79, F.S.; |
50 | providing for public advertisement by a county water and |
51 | sewer system district of projects to construct, |
52 | reconstruct, acquire, or improve a water system or a sewer |
53 | system, and of a call for sealed bids for such projects, |
54 | on a publicly accessible website; amending s. 157.03, |
55 | F.S.; providing for advertisement for bids for the |
56 | construction of ditches, drains, or canals within a county |
57 | on a publicly accessible website; amending s. 157.21, |
58 | F.S.; providing for advertisement by a county on a |
59 | publicly accessible website for bids to enlarge or deepen |
60 | a drain; amending s. 157.28, F.S.; providing for |
61 | advertisement for bids for the repair of a county ditch, |
62 | drain, or canal on a publicly accessible website; amending |
63 | s. 159.32, F.S.; providing for advertisement for |
64 | competitive bids for contracts for the construction of a |
65 | project under the Florida Industrial Development Financing |
66 | Act on a publicly accessible website; amending s. 162.12, |
67 | F.S.; providing for optional serving of notice by a code |
68 | enforcement board of a violation of a county or municipal |
69 | code via a publicly accessible website; amending s. |
70 | 163.3184, F.S.; providing for notice of public hearings on |
71 | the adoption of a local government comprehensive plan or |
72 | plan amendment or the approval of a compliance agreement |
73 | under the Local Government Comprehensive Planning and Land |
74 | Development Regulation Act via a publicly accessible |
75 | website; amending s. 163.3225, F.S.; providing for |
76 | advertisement by a local government of notice of intent to |
77 | consider a development agreement on a publicly accessible |
78 | website; amending s. 163.356, F.S.; providing for posting |
79 | of notice of the filing of a report of the activities of a |
80 | community redevelopment agency on a publicly accessible |
81 | website; amending s. 163.360, F.S.; providing for notice |
82 | of a public hearing on a community redevelopment plan via |
83 | a publicly accessible website; amending s. 163.361, F.S.; |
84 | providing for notice of a public hearing on a proposed |
85 | modification of a community redevelopment plan via a |
86 | publicly accessible website; amending s. 163.380, F.S.; |
87 | providing for public notice of the disposition of any real |
88 | property in a community redevelopment area on a publicly |
89 | accessible website; amending s. 163.387, F.S.; providing |
90 | for publication on a publicly accessible website of notice |
91 | of a public hearing regarding a taxing authority's |
92 | intention to limit the amount of the authority's |
93 | contribution to a community redevelopment trust fund; |
94 | providing for publication on a publicly accessible website |
95 | of notice of a local governing body's public hearing |
96 | on a special district's request for exemption from |
97 | appropriation of tax increment funds to a community |
98 | redevelopment trust fund; amending s. 163.511, F.S.; |
99 | providing for notification of electors and freeholders of |
100 | general provisions relating to special neighborhood |
101 | improvement districts on a publicly accessible website; |
102 | amending s. 163.514, F.S.; providing for notification of |
103 | electors in a neighborhood improvement district of general |
104 | provisions relating to powers of such districts via a |
105 | publicly accessible website; amending s. 163.516, F.S.; |
106 | providing for publication of notice of a public hearing on |
107 | a safe neighborhood improvement plan or on the amendment |
108 | or modification of a safe neighborhood improvement plan |
109 | via a publicly accessible website; amending s. 163.524, |
110 | F.S.; providing for publication of notice of a joint |
111 | public hearing on the adoption, amendment, or modification |
112 | of a neighborhood enhancement plan via a publicly |
113 | accessible website; amending s. 165.041, F.S.; providing |
114 | for publication of notice of an election for the approval |
115 | of a charter for the merger of two or more municipalities |
116 | and associated unincorporated areas via a publicly |
117 | accessible website; amending s. 165.051, F.S.; providing |
118 | for notice of an election to vote on an ordinance to |
119 | revoke the charter of an existing municipality to be |
120 | published on a publicly accessible website; amending s. |
121 | 166.041, F.S.; providing for notice of adoption of a |
122 | municipal ordinance via a public accessible website; |
123 | providing clarifying language; amending s. 166.0497, F.S.; |
124 | providing for publication of notice of a public hearing on |
125 | the adoption of an ordinance to alter, amend, or expand a |
126 | municipal downtown development district via a publicly |
127 | accessible website; amending s. 170.05, F.S.; providing |
128 | for publication on a publicly accessible website of a |
129 | resolution relating to municipal public improvements |
130 | financed by special assessments; amending s. 170.07, F.S.; |
131 | providing for publication on a publicly accessible website |
132 | of notice of hearing on municipal public improvements |
133 | financed by special assessments; amending s. 171.0413, |
134 | F.S.; providing for publication of notice of a referendum |
135 | on annexation of territory by a municipality via a |
136 | publicly accessible website; amending s. 171.051, F.S.; |
137 | providing for notice of a contraction ordinance and |
138 | publication of notice of a referendum on contraction of |
139 | municipal boundaries via a publicly accessible website; |
140 | amending s. 173.09, F.S.; providing for advertisement via |
141 | publicly accessible website of the sale of land pursuant |
142 | to foreclosure of municipal tax and special assessment |
143 | liens; amending s. 177.101, F.S.; providing for publishing |
144 | of legal notice of intention to apply to a county |
145 | governing body to vacate a plat of land via publicly |
146 | accessible website; amending s. 180.09, F.S.; providing |
147 | for publication of notice via publicly accessible website |
148 | of the adoption of a resolution or ordinance by a city |
149 | council or other legislative body authorizing the issuance |
150 | of mortgage revenue certificates or debentures; amending |
151 | s. 180.24, F.S.; providing for advertisement via publicly |
152 | accessible website of specified construction contracts for |
153 | utilities or extensions to a previously constructed |
154 | utility; amending s. 189.4044, F.S.; providing for |
155 | publication of a notice of proposed declaration of |
156 | inactive status of a special district via a publicly |
157 | accessible website; amending s. 189.417, F.S.; providing |
158 | for the advertisement of meetings of the governing body of |
159 | an independent special district via publicly accessible |
160 | website; providing for notice of public meetings of a |
161 | water management district held to evaluate responses to |
162 | solicitations issued by the district via publicly |
163 | accessible website; amending s. 190.006, F.S.; providing |
164 | for publication of notice via a publicly accessible |
165 | website of a meeting of the landowners of a community |
166 | development district for the purpose of electing district |
167 | supervisors; amending s. 190.033, F.S.; providing for |
168 | advertisement for notice of bids or other competitive |
169 | solicitation by the board of supervisors of a community |
170 | development district via publicly accessible website; |
171 | amending s. 191.005, F.S.; providing for publication via a |
172 | publicly accessible website of special notice of any |
173 | meeting at which the governing board of an independent |
174 | fire control district will consider a salary change for a |
175 | board member; amending s. 192.0105, F.S.; providing for |
176 | advertisement via a publicly accessible website of a |
177 | listing of the names of taxpayers who are delinquent in |
178 | paying tangible personal property taxes as provided for |
179 | under the Florida Taxpayer's Bill of Rights; providing for |
180 | advertised notice via a publicly accessible website of the |
181 | actions of a value adjustment board as provided for under |
182 | the Florida Taxpayer's Bill of Rights; amending s. |
183 | 194.037, F.S.; providing for publication on a publicly |
184 | accessible website of the findings and results of a |
185 | property tax value adjustment board; amending s. 197.3632, |
186 | F.S.; providing for publication on a publicly accessible |
187 | website of a local government's notice of intent to use |
188 | the uniform method of collecting non-ad valorem |
189 | assessments; amending s. 200.065, F.S.; providing for |
190 | advertisement on a publicly accessible website of a taxing |
191 | authority's intent to adopt a millage rate and budget; |
192 | providing for advertisement on a publicly accessible |
193 | website of a school district's intent to adopt a tentative |
194 | budget; providing for advertisement on a publicly |
195 | accessible website of the intention of a specified |
196 | multicounty taxing authority to adopt a tentative budget |
197 | and millage rate; providing clarifying and conforming |
198 | language; providing for notice via a publicly accessible |
199 | website of correction of a specified error contained in a |
200 | notice of proposed property taxes mailed to taxpayers; |
201 | amending s. 205.032, F.S.; providing for publication of |
202 | notice on a publicly accessible website of the levy of a |
203 | business tax by a county governing body; amending s. |
204 | 205.042, F.S.; providing for publication of notice on a |
205 | publicly accessible website of the levy of a business tax |
206 | by the governing body of an incorporated municipality; |
207 | amending s. 255.0525, F.S.; providing for advertisement |
208 | via a publicly accessible website for the solicitation of |
209 | competitive bids or proposals for construction projects of |
210 | a county, municipality, or other political subdivision |
211 | that are projected to exceed specified costs; amending s. |
212 | 274.06, F.S.; providing for publication of notice via a |
213 | publicly accessible website of a local government's sale |
214 | of tangible personal property having a specified value; |
215 | amending s. 290.0057, F.S.; providing for notice via a |
216 | publicly accessible website of a public hearing on an |
217 | enterprise zone strategic plan; amending s. 298.301, F.S.; |
218 | providing for publication on a publicly accessible website |
219 | of notice of a public hearing on a proposed district water |
220 | control plan or plan amendment; providing for publication |
221 | by the board of supervisors of a water control district |
222 | on a publicly accessible website of the filing of an |
223 | engineer's report and a geographical depiction of the |
224 | water control district; providing conforming language; |
225 | amending ss. 348.243, 348.83, 348.943, 348.953, and |
226 | 348.968, F.S.; providing for advertisement via a publicly |
227 | accessible website of public hearings on specified |
228 | projects of the Broward County Expressway Authority, the |
229 | Pasco County Expressway Authority, the St. Lucie County |
230 | Expressway and Bridge Authority, the Seminole County |
231 | Expressway Authority, and the Santa Rosa Bay Bridge |
232 | Authority, respectively; amending s. 350.81, F.S.; |
233 | providing for publication on a publicly accessible website |
234 | of notice of public hearings by a governmental entity that |
235 | proposes to provide a communications service; amending s. |
236 | 373.4592, F.S.; providing for publication on a publicly |
237 | accessible website of notice by the South Florida Water |
238 | Management District of the certification of a non-ad |
239 | valorem assessment roll in specified counties relative to |
240 | Everglades management and improvement; amending s. |
241 | 373.45924, F.S.; providing for publication as a notice on |
242 | a publicly accessible website of a truth-in-borrowing |
243 | statement from the South Florida Water Management District |
244 | relative to the district's proposal to borrow or otherwise |
245 | finance with debt any fixed capital outlay projects or |
246 | operating capital outlay for Everglades management and |
247 | improvement; amending s. 373.536, F.S.; providing for |
248 | publication on a publicly accessible website of notice of |
249 | budget hearings conducted by the governing board or |
250 | district staff of the South Florida Water Management |
251 | District, advertisement of budget workshops conducted by |
252 | the district for the public, advertisement of the |
253 | district's intention to adopt a tentative budget and |
254 | millage rate, and notices of the district governing |
255 | board's intention to adopt a final budget for the district |
256 | for the ensuing fiscal year under the Everglades |
257 | Restoration Investment Act; amending s. 376.80, F.S.; |
258 | providing for notice via a publicly accessible website of |
259 | public hearings on the proposed designation of a specified |
260 | brownfield area by a local government; amending s. |
261 | 379.2425, F.S.; providing for publication of notice via a |
262 | publicly accessible website of the establishment of a |
263 | restricted area by the Fish and Wildlife Conservation |
264 | Commission; amending s. 380.06, F.S.; providing for |
265 | publication of an advertisement on a publicly accessible |
266 | website of a public hearing by a local government on an |
267 | areawide development of regional impact under the Florida |
268 | Environmental Land and Water Management Act of 1972; |
269 | amending s. 403.973, F.S.; revising the definition of the |
270 | term "duly noticed" to include publication on a publicly |
271 | accessible website; providing conforming language; |
272 | amending s. 420.9075, F.S.; providing for advertisement of |
273 | notice on a publicly accessible website of funding |
274 | availability through a local housing assistance plan under |
275 | the State Housing Initiatives Partnership Act; amending s. |
276 | 553.73, F.S.; providing for advertisement on a publicly |
277 | accessible website of a public hearing on the need to |
278 | adopt local technical amendments to the Florida Building |
279 | Code which provide for more stringent requirements; |
280 | amending s. 633.025, F.S.; providing for advertisement on |
281 | a publicly accessible website of a public hearing to |
282 | determine the need to strengthen a local governing body's |
283 | minimum firesafety code requirements; amending s. 705.103, |
284 | F.S.; providing for publication of notice on a publicly |
285 | accessible website of a law enforcement agency's election |
286 | to retain lost property; providing for publication on a |
287 | publicly accessible website of the advertisement of public |
288 | sale of lost property by a law enforcement agency; |
289 | amending s. 715.109, F.S.; providing for publication on a |
290 | publicly accessible website of advertisement of the sale |
291 | of abandoned property under the Disposition of Personal |
292 | Property Landlord and Tenant Act; reenacting ss. |
293 | 193.122(2) and 316.066(5)(b), F.S., F.S., relating to |
294 | publication by a property appraiser of notice of |
295 | extensions on and certification of tax assessment rolls |
296 | and to disclosure of written reports of crashes held by an |
297 | agency, respectively, to incorporate the amendment to s. |
298 | 50.11, F.S., in references thereto; reenacting ss. 100.211 |
299 | and 125.82, F.S., relating to bond referenda and required |
300 | notice thereof and to charter adoption by ordinance, |
301 | respectively, to incorporate the amendment to s. 100.342, |
302 | F.S., in references thereto; reenacting ss. 125.56(1), |
303 | 212.054(6), and 212.055(2)(f), F.S., relating to |
304 | enforcement and amendment of the Florida Building Code and |
305 | the Florida Fire Prevention Code, enactment of an |
306 | ordinance levying a discretionary sales surtax, and a |
307 | condition precedent to the use of proceeds and interest |
308 | from a local government infrastructure surtax by specified |
309 | counties for a public purpose, respectively, to |
310 | incorporate the amendment to s. 125.66, F.S., in |
311 | references thereto; reenacting ss. 163.3164(18), 163.346, |
312 | and 376.80(1), F.S., relating to the definition of "public |
313 | notice" for purposes of the Local Government Comprehensive |
314 | Planning and Land Development Regulation Act, notice to |
315 | taxing authorities, and the Brownfield program |
316 | administration process, respectively, to incorporate the |
317 | amendments to ss. 125.66 and 166.041, F.S., in references |
318 | thereto; reenacting s. 200.065(3)(l), F.S., relating to |
319 | advertisement and notice requirements with respect to the |
320 | fixing of millage rates, to incorporate the amendment to |
321 | s. 129.03, F.S., in a reference thereto; reenacting s. |
322 | 30.50(4), F.S., relating to amendment of a county budget |
323 | relative to payment of salaries and expenses by a sheriff, |
324 | to incorporate the amendment to s. 129.06, F.S., in a |
325 | reference thereto; reenacting ss. 163.3246(9)(a), |
326 | 163.32465(6)(h), 288.975(10) and (12)(d), 420.5095(9), and |
327 | 1013.30(6), F.S., relating to adoption and review of local |
328 | government comprehensive plan amendments, entry into |
329 | compliance agreements between parties to an administrative |
330 | challenge to an amendment to certain urban local |
331 | comprehensive plans, military base reuse plans, a local |
332 | government comprehensive plan amendment to implement a |
333 | community workforce housing innovation pilot program |
334 | project, and review of a university campus draft master |
335 | plan, respectively, to incorporate the amendment to s. |
336 | 163.3184, F.S., in references thereto; reenacting ss. |
337 | 121.0511(1) and 163.3187(1)(c), F.S., relating to a public |
338 | hearing required upon the election of a municipality or |
339 | independent special district to revoke participation in |
340 | the Florida Retirement System and establish an alternative |
341 | retirement plan and to amendment of an adopted |
342 | comprehensive plan, respectively, to incorporate the |
343 | amendment to s. 166.041, F.S., in references thereto; |
344 | reenacting s. 170.08, F.S., relating to final |
345 | consideration by a municipal governing body of making |
346 | improvements funded by special assessments on property, to |
347 | incorporate the amendment to s. 170.07, F.S., in a |
348 | reference thereto; reenacting s. 189.4042(2), F.S., |
349 | relating to procedures to merge or dissolve an independent |
350 | special district or a dependent special district, to |
351 | incorporate the amendment to s. 189.4044, F.S., in a |
352 | reference thereto; reenacting s. 189.404(2)(d), F.S., |
353 | relating to legislative prohibition of special laws or |
354 | general laws of local application which exempt an |
355 | independent special district from specified reporting, |
356 | notice, or public meeting requirements, to incorporate the |
357 | amendment to s. 189.417, F.S., in a reference thereto; |
358 | reenacting s. 200.068, F.S., relating to certification of |
359 | compliance with ch. 200, F.S., relating to determination |
360 | of millage, to incorporate the amendments to s. 194.037 |
361 | and 200.065, F.S., in references thereto; reenacting ss. |
362 | 192.0105(1)(b) and (c) and 286.0105, F.S., relating to |
363 | taxpayer rights and to a requirement that notices of |
364 | meetings and hearings of a board, commission, or agency of |
365 | the state must advise that a record of the proceedings is |
366 | required to appeal, respectively, to incorporate the |
367 | amendment to s. 200.065, F.S., in references thereto; |
368 | reenacting s. 205.054(1), F.S., relating to partial |
369 | exemption from business tax for engaging in business or |
370 | occupation in an enterprise zone, to incorporate the |
371 | amendments to ss. 205.032 and 205.042, F.S., in references |
372 | thereto; reenacting s. 155.40(4)(b), F.S., relating to the |
373 | sale or lease of a county, district, or municipal |
374 | hospital, to incorporate the amendment to s. 255.0525, |
375 | F.S., in a reference thereto; reenacting s. 298.77(1), |
376 | F.S., relating to readjustment of assessments in a water |
377 | control district, and procedures, notice, and hearings |
378 | relative thereto, to incorporate the amendment to s. |
379 | 298.301, F.S., in a reference thereto; reenacting ss. |
380 | 705.104(1) and s. 717.119(5)(b), F.S., relating to title |
381 | to lost or abandoned property and to disposition by a law |
382 | enforcement agency of a firearm or ammunition found in an |
383 | unclaimed safe deposit box or other safekeeping |
384 | repository, respectively, to incorporate the amendment to |
385 | s. 705.103, F.S., in references thereto; providing an |
386 | effective date. |
387 |
|
388 | Be It Enacted by the Legislature of the State of Florida: |
389 |
|
390 | Section 1. Section 50.0311, Florida Statutes, is created |
391 | to read: |
392 | 50.0311 Publication of legally required advertisements and |
393 | public notices on a governmental entity's publicly accessible |
394 | website.-- |
395 | (1) "Publicly accessible website" means a governmental |
396 | entity's official website that is accessible via the Internet. |
397 | (2) A governmental entity may utilize its publicly |
398 | accessible website for legally required advertisements and |
399 | public notices, provided that: |
400 | (a) There is a public library or other governmental |
401 | facility that provides free Internet access during regular |
402 | business hours located within the jurisdictional boundaries of |
403 | the governmental entity. |
404 | (b) The governmental entity provides notice to its |
405 | residents, at least once annually in a newspaper of general |
406 | circulation or in the governmental entity's newsletter, |
407 | periodical, or other publication that is mailed or delivered to |
408 | all residents or property owners throughout the governmental |
409 | entity's jurisdiction, indicating that residents shall have the |
410 | option to receive legally required advertisements and public |
411 | notices from the governmental entity by first class mail upon |
412 | registering their name and address with the local governmental |
413 | entity. |
414 | (c) The governmental entity maintains a registry of names |
415 | and addresses of residents who have indicated, in writing, their |
416 | choice to receive legally required advertisements and public |
417 | notices from the governmental entity by first class mail. |
418 |
|
419 | Contemporaneous with the initial publication of an advertisement |
420 | or public notice on a governmental entity's publicly accessible |
421 | website, the governmental entity shall mail a copy of the |
422 | advertisement or public notice to a resident that has indicated |
423 | his or her choice to receive such advertisements and public |
424 | notices by first class mail. |
425 | (3) Legally required advertisements and public notices |
426 | published on a publicly accessible website must be conspicuously |
427 | placed on the website's home page or accessible through a direct |
428 | link from the home page. The legally required advertisement or |
429 | public notice must indicate the date on which the advertisement |
430 | or notice was first published on the website. |
431 | Section 2. Section 50.011, Florida Statutes, is amended to |
432 | read: |
433 | 50.011 Where and in what language legal notices to be |
434 | published.--Whenever by statute an official or legal |
435 | advertisement or a publication, or notice in a newspaper has |
436 | been or is directed or permitted in the nature of or in lieu of |
437 | process, or for constructive service, or in initiating, |
438 | assuming, reviewing, exercising or enforcing jurisdiction or |
439 | power, or for any purpose, including all legal notices and |
440 | advertisements of sheriffs and tax collectors, the |
441 | contemporaneous and continuous intent and meaning of such |
442 | legislation all and singular, existing or repealed, is and has |
443 | been and is hereby declared to be and to have been, and the rule |
444 | of interpretation is and has been, a publication in a newspaper |
445 | printed and published periodically once a week or oftener, |
446 | containing at least 25 percent of its words in the English |
447 | language, entered or qualified to be admitted and entered as |
448 | periodicals matter at a post office in the county where |
449 | published, for sale to the public generally, available to the |
450 | public generally for the publication of official or other |
451 | notices and customarily containing information of a public |
452 | character or of interest or of value to the residents or owners |
453 | of property in the county where published, or of interest or of |
454 | value to the general public. Notwithstanding the foregoing, and |
455 | if specifically authorized by statute, a notice, advertisement |
456 | or publication on a publicly accessible website in accordance |
457 | with s. 50.0311 constitutes legal notice. |
458 | Section 3. Section 50.021, Florida Statutes, is amended to |
459 | read: |
460 | 50.021 Publication when no newspaper in county.--When any |
461 | law, or order or decree of court, shall direct advertisements to |
462 | be made in any county and there be no newspaper published in the |
463 | said county, the advertisement may be made by publication on a |
464 | publicly accessible website maintained by the entity responsible |
465 | for publication or by posting three copies thereof in three |
466 | different places in said county, one of which shall be at the |
467 | front door of the courthouse, and by publication in the nearest |
468 | county in which a newspaper is published. |
469 | Section 4. Section 50.051, Florida Statutes, is amended to |
470 | read: |
471 | 50.051 Proof of publication; form of uniform |
472 | affidavit.--The printed form upon which all such affidavits |
473 | establishing proof of publication in a newspaper are to be |
474 | executed shall be substantially as follows: |
475 |
|
476 | NAME OF NEWSPAPER |
477 |
|
478 | Published (Weekly or Daily) |
479 |
|
480 | (Town or City) (County) FLORIDA |
481 |
|
482 | STATE OF FLORIDA |
483 |
|
484 | COUNTY OF _____: |
485 | Before the undersigned authority personally appeared _____, |
486 | who on oath says that he or she is _____ of the _____, a _____ |
487 | newspaper published at _____ in _____ County, Florida; that the |
488 | attached copy of advertisement, being a _____ in the matter of |
489 | _____ in the _____ Court, was published in said newspaper in the |
490 | issues of _____. |
491 | Affiant further says that the said _____ is a newspaper |
492 | published at _____, in said _____ County, Florida, and that the |
493 | said newspaper has heretofore been continuously published in |
494 | said _____ County, Florida, each _____ and has been entered as |
495 | periodicals matter at the post office in _____, in said _____ |
496 | County, Florida, for a period of 1 year next preceding the first |
497 | publication of the attached copy of advertisement; and affiant |
498 | further says that he or she has neither paid nor promised any |
499 | person, firm or corporation any discount, rebate, commission or |
500 | refund for the purpose of securing this advertisement for |
501 | publication in the said newspaper. |
502 |
|
503 | Sworn to and subscribed before me this _____ day of _____, |
504 | (year) , by _____, who is personally known to me or who has |
505 | produced (type of identification) as identification. |
506 |
|
507 |
|
508 | (Signature of Notary Public) |
509 |
|
510 | (Print, Type, or Stamp Commissioned Name of Notary Public) |
511 |
|
512 | (Notary Public) |
513 | Section 5. Subsection (4) of section 50.061, Florida |
514 | Statutes, is amended to read: |
515 | 50.061 Amounts chargeable.-- |
516 | (4) All official public notices and legal advertisements |
517 | published in a newspaper shall be charged and paid for on the |
518 | basis of 6-point type on 6-point body, unless otherwise |
519 | specified by statute. |
520 | Section 6. Section 100.342, Florida Statutes, is amended |
521 | to read: |
522 | 100.342 Notice of special election or referendum.--In any |
523 | special election or referendum not otherwise provided for there |
524 | shall be at least 30 days' notice of the election or referendum |
525 | by publication in a newspaper of general circulation in the |
526 | county, district, or municipality, as the case may be, or by |
527 | publication on a publicly accessible website maintained by the |
528 | entity responsible for publication during the 5 weeks |
529 | immediately preceding the election or referendum. If advertised |
530 | in a newspaper, the publication shall be made at least twice, |
531 | once in the fifth week and once in the third week prior to the |
532 | week in which the election or referendum is to be held. If there |
533 | is no newspaper of general circulation in the county, district, |
534 | or municipality and publication is not made on a publicly |
535 | accessible website maintained by the entity responsible for |
536 | publication, the notice shall be posted in no less than five |
537 | places within the territorial limits of the county, district, or |
538 | municipality. |
539 | Section 7. Subsection (17) of section 125.012, Florida |
540 | Statutes, is amended to read: |
541 | 125.012 Project facilities; general powers and |
542 | duties.--Any county and the board of county commissioners |
543 | thereof shall have the power, in addition to the powers |
544 | otherwise conferred: |
545 | (17) To grant exclusive or nonexclusive franchises to |
546 | persons, firms, or corporations for the operating of |
547 | restaurants, cafeterias, bars, taxicabs, vending machines, and |
548 | other concessions of a nonaeronautical nature in, on, and in |
549 | connection with any project owned and operated by the county. |
550 | However, no exclusive franchise shall be so granted unless the |
551 | board of county commissioners of such county shall award such |
552 | franchise following receipt of sealed competitive bids in the |
553 | manner prescribed by law, or cause to be published on a publicly |
554 | accessible website maintained by the county or in a newspaper of |
555 | general circulation in the county notice of the fact that it |
556 | intends to grant such exclusive franchise and will at a time |
557 | certain to be fixed in such notice, not less than 30 days after |
558 | the publication of the notice, enter into negotiations with any |
559 | interested parties as to the terms, conditions, and provisions |
560 | of any such exclusive franchise. Such negotiations with any |
561 | interested parties as to the terms, conditions, and provisions |
562 | of any such exclusive franchise are to continue for a period of |
563 | not less than 10 days before such exclusive franchise is |
564 | granted. |
565 | Section 8. Paragraph (c) of subsection (1) of section |
566 | 125.35, Florida Statutes, is amended to read: |
567 | 125.35 County authorized to sell real and personal |
568 | property and to lease real property.-- |
569 | (1) |
570 | (c) No sale of any real property shall be made unless |
571 | notice thereof is published once a week for at least 2 weeks in |
572 | some newspaper of general circulation published in the county, |
573 | or is published during the 2 weeks preceding the sale of any |
574 | real property on a publicly accessible website maintained by the |
575 | county, calling for bids for the purchase of the real estate so |
576 | advertised to be sold. In the case of a sale, the bid of the |
577 | highest bidder complying with the terms and conditions set forth |
578 | in such notice shall be accepted, unless the board of county |
579 | commissioners rejects all bids because they are too low. The |
580 | board of county commissioners may require a deposit to be made |
581 | or a surety bond to be given, in such form or in such amount as |
582 | the board determines, with each bid submitted. |
583 | Section 9. Paragraph (a) of subsection (2) and paragraph |
584 | (b) of subsection (4) of section 125.66, Florida Statutes, are |
585 | amended to read: |
586 | 125.66 Ordinances; enactment procedure; emergency |
587 | ordinances; rezoning or change of land use ordinances or |
588 | resolutions.-- |
589 | (2)(a) The regular enactment procedure shall be as |
590 | follows: The board of county commissioners at any regular or |
591 | special meeting may enact or amend any ordinance, except as |
592 | provided in subsection (4), if notice of intent to consider such |
593 | ordinance is given at least 10 days prior to said meeting on a |
594 | publicly accessible website maintained by the county or by |
595 | publication in a newspaper of general circulation in the county. |
596 | If advertised on a publicly accessible website, the |
597 | advertisement shall be maintained during the 10 days immediately |
598 | preceding the meeting. A copy of such notice shall be kept |
599 | available for public inspection during the regular business |
600 | hours of the office of the clerk of the board of county |
601 | commissioners. The notice of proposed enactment shall state the |
602 | date, time, and place of the meeting; the title or titles of |
603 | proposed ordinances; and the place or places within the county |
604 | where such proposed ordinances may be inspected by the public. |
605 | The notice shall also advise that interested parties may appear |
606 | at the meeting and be heard with respect to the proposed |
607 | ordinance. |
608 | (4) Ordinances or resolutions, initiated by other than the |
609 | county, that change the actual zoning map designation of a |
610 | parcel or parcels of land shall be enacted pursuant to |
611 | subsection (2). Ordinances or resolutions that change the actual |
612 | list of permitted, conditional, or prohibited uses within a |
613 | zoning category, or ordinances or resolutions initiated by the |
614 | county that change the actual zoning map designation of a parcel |
615 | or parcels of land shall be enacted pursuant to the following |
616 | procedure: |
617 | (b) In cases in which the proposed ordinance or resolution |
618 | changes the actual list of permitted, conditional, or prohibited |
619 | uses within a zoning category, or changes the actual zoning map |
620 | designation of a parcel or parcels of land involving 10 |
621 | contiguous acres or more, the board of county commissioners |
622 | shall provide for public notice and hearings as follows: |
623 | 1. The board of county commissioners shall hold two |
624 | advertised public hearings on the proposed ordinance or |
625 | resolution. At least one hearing shall be held after 5 p.m. on a |
626 | weekday, unless the board of county commissioners, by a majority |
627 | plus one vote, elects to conduct that hearing at another time of |
628 | day. The first public hearing shall be held at least 7 days |
629 | after the day that the first advertisement is published. The |
630 | second hearing shall be held at least 10 days after the first |
631 | hearing and shall be advertised at least 5 days prior to the |
632 | public hearing. |
633 | 2. The required newspaper advertisements shall be no less |
634 | than 2 columns wide by 10 inches long in a standard size or a |
635 | tabloid size newspaper, and the headline in the advertisement |
636 | shall be in a type no smaller than 18 point. The newspaper |
637 | advertisement shall not be placed in that portion of the |
638 | newspaper where legal notices and classified advertisements |
639 | appear. The newspaper advertisement shall be placed in a |
640 | newspaper of general paid circulation in the county and of |
641 | general interest and readership in the community pursuant to |
642 | chapter 50, not one of limited subject matter. It is the |
643 | legislative intent that, whenever possible, the newspaper |
644 | advertisement shall appear in a newspaper that is published at |
645 | least 5 days a week unless the only newspaper in the community |
646 | is published less than 5 days a week. The newspaper |
647 | advertisement shall be in substantially the following form: |
648 |
|
649 | NOTICE OF (TYPE OF) CHANGE |
650 |
|
651 | The (name of local governmental unit) proposes to adopt |
652 | the following by ordinance or resolution: (title of ordinance |
653 | or resolution) . |
654 | A public hearing on the ordinance or resolution will be |
655 | held on (date and time) at (meeting place) . |
656 |
|
657 | Except for amendments which change the actual list of permitted, |
658 | conditional, or prohibited uses within a zoning category, the |
659 | advertisement shall contain a geographic location map which |
660 | clearly indicates the area within the local government covered |
661 | by the proposed ordinance or resolution. The map shall include |
662 | major street names as a means of identification of the general |
663 | area. |
664 | 3. In lieu of publishing the advertisements set out in |
665 | this paragraph, the board of county commissioners may mail a |
666 | notice to each person owning real property within the area |
667 | covered by the ordinance or resolution. Such notice shall |
668 | clearly explain the proposed ordinance or resolution and shall |
669 | notify the person of the time, place, and location of both |
670 | public hearings on the proposed ordinance or resolution. |
671 | Section 10. Paragraph (b) of subsection (3) of section |
672 | 129.03, Florida Statutes, is amended to read: |
673 | 129.03 Preparation and adoption of budget.-- |
674 | (3) No later than 15 days after certification of value by |
675 | the property appraiser pursuant to s. 200.065(1), the county |
676 | budget officer, after tentatively ascertaining the proposed |
677 | fiscal policies of the board for the ensuing fiscal year, shall |
678 | prepare and present to the board a tentative budget for the |
679 | ensuing fiscal year for each of the funds provided in this |
680 | chapter, including all estimated receipts, taxes to be levied, |
681 | and balances expected to be brought forward and all estimated |
682 | expenditures, reserves, and balances to be carried over at the |
683 | end of the year. |
684 | (b) Upon receipt of the tentative budgets and completion |
685 | of any revisions made by the board, the board shall prepare a |
686 | statement summarizing all of the adopted tentative budgets. This |
687 | summary statement shall show, for each budget and the total of |
688 | all budgets, the proposed tax millages, the balances, the |
689 | reserves, and the total of each major classification of receipts |
690 | and expenditures, classified according to the classification of |
691 | accounts prescribed by the appropriate state agency. The board |
692 | shall cause this summary statement to be advertised one time in |
693 | a newspaper of general circulation published in the county, or |
694 | on a publicly accessible website maintained by the county, or by |
695 | posting at the courthouse door if there is no such newspaper or |
696 | website, and the advertisement shall appear adjacent to the |
697 | advertisement required pursuant to s. 200.065. |
698 | Section 11. Paragraph (f) of subsection (2) of section |
699 | 129.06, Florida Statutes, is amended to read: |
700 | 129.06 Execution and amendment of budget.-- |
701 | (2) The board at any time within a fiscal year may amend a |
702 | budget for that year, and may within the first 60 days of a |
703 | fiscal year amend the budget for the prior fiscal year, as |
704 | follows: |
705 | (f) If an amendment to a budget is required for a purpose |
706 | not specifically authorized in paragraphs (a)-(e), unless |
707 | otherwise prohibited by law, the amendment may be authorized by |
708 | resolution or ordinance of the board of county commissioners |
709 | adopted following a public hearing. The public hearing must be |
710 | advertised at least 2 days, but not more than 5 days, before the |
711 | date of the hearing. The Advertisement of the public hearing |
712 | must appear on a publicly accessible website maintained by the |
713 | county or in a newspaper of paid general circulation and must |
714 | identify the name of the taxing authority, the date, place, and |
715 | time of the hearing, and the purpose of the hearing. If |
716 | advertised in a newspaper, the public hearing must be advertised |
717 | at least 2 days, but not more than 5 days, before the date of |
718 | the hearing. If advertised on a publicly accessible website, the |
719 | public hearing must be advertised during the 5 days immediately |
720 | preceding the hearing. The advertisement must also identify each |
721 | budgetary fund to be amended, the source of the funds, the use |
722 | of the funds, and the total amount of each budget. |
723 | Section 12. Section 138.12, Florida Statutes, is amended |
724 | to read: |
725 | 138.12 Commissioners may expand county seat.--The board of |
726 | county commissioners of any county may expand the geographical |
727 | area of the county seat of its county beyond the corporate |
728 | limits of the municipality named as the county seat by adopting |
729 | a resolution to that effect at any regular or special meeting of |
730 | the board. Such a resolution may be adopted only after the board |
731 | has held not less than two public hearings on the proposal at |
732 | intervals of not less than 10 or more than 20 days and after |
733 | notice of the proposal and such meetings has been published on a |
734 | publicly accessible website maintained by the county, or in a |
735 | newspaper of general circulation in the county. However, nothing |
736 | herein shall be deemed to extend the boundaries of the |
737 | municipality in which the county seat was previously located or |
738 | annex to such municipality the territory added to the county |
739 | seat. |
740 | Section 13. Paragraph (d) of subsection (2) of section |
741 | 153.53, Florida Statutes, is amended to read: |
742 | 153.53 Establishment of districts in unincorporated |
743 | areas.-- |
744 | (2) |
745 | (d) Within 30 days after the petition is received by the |
746 | property appraiser, said property appraiser shall determine |
747 | whether such petition has been duly signed by the requisite |
748 | number of property owners within the boundaries of the proposed |
749 | district. If there is a sufficient number of valid signatures, |
750 | the property appraiser shall forthwith deliver said petition to |
751 | the board of county commissioners who shall within 60 days hold |
752 | an election to determine if the district shall be created. The |
753 | board of county commissioners shall have notice of such election |
754 | published once a week for 4 successive weeks in a newspaper of |
755 | general circulation within the area of the proposed district or |
756 | published during the 4 successive weeks immediately preceding |
757 | the election on a publicly accessible website maintained by the |
758 | county. Said notice shall describe the purpose for which the |
759 | district is to be established and the territory proposed to be |
760 | included in the said district. If there is no such newspaper or |
761 | website, then notice may be posted on the courthouse door and in |
762 | five conspicuous places within the proposed district. |
763 | Section 14. Subsection (1) of section 153.55, Florida |
764 | Statutes, is amended to read: |
765 | 153.55 Public hearing upon report of county commissioners |
766 | and creation of district; findings of board of county |
767 | commissioners.-- |
768 | (1) Upon submission of any such report the board of county |
769 | commissioners shall hold a public hearing upon such report and |
770 | the question of the creation of such district, giving at least |
771 | 20 days' notice of such hearing by advertisement in a newspaper |
772 | published in the county and circulating in the area of the |
773 | proposed district, or published during the 20 days immediately |
774 | preceding the hearing on a publicly accessible website |
775 | maintained by the county, or by posting as provided in s. 153.56 |
776 | if no such newspaper or website is be published. |
777 | Section 15. Section 153.79, Florida Statutes, is amended |
778 | to read: |
779 | 153.79 Contracts for construction of improvements, sealed |
780 | bids.--All contracts let, awarded or entered into by the |
781 | district for the construction, reconstruction or acquisition or |
782 | improvement of a water system or a sewer system or both or any |
783 | part thereof, if the amount thereof shall exceed $1,000, shall |
784 | be awarded only after public advertisement and call for sealed |
785 | bids therefor on a publicly accessible website maintained by the |
786 | county, or in a newspaper published in the county circulating in |
787 | the district, or, if there is be no such website or newspaper, |
788 | then in a newspaper published in the state and circulating in |
789 | the district., If advertised in a newspaper, such advertisement |
790 | shall to be published at least once at least 3 weeks before the |
791 | date set for the receipt of such bids. If advertised on a |
792 | publicly accessible website, such advertisement shall be |
793 | published during the 3 weeks immediately preceding the date set |
794 | for the receipt of such bids. Such advertisements for bids in |
795 | addition to the other necessary and pertinent matter shall state |
796 | in general terms the nature and description of the improvement |
797 | or improvements to be undertaken and shall state that detailed |
798 | plans and specifications for such work are on file for |
799 | inspection in the office of the district clerk and copies |
800 | thereof shall be furnished to any interested party upon payment |
801 | of reasonable charges to reimburse the district for its expenses |
802 | in providing such copies. The award shall be made to the |
803 | responsible and competent bidder or bidders who shall offer to |
804 | undertake the improvements at the lowest cost to the district |
805 | and such bidder or bidders shall be required to file bond for |
806 | the full and faithful performance of such work and the execution |
807 | of any such contract in such amount as the district board shall |
808 | determine, and in all other respects the letting of such |
809 | construction contracts shall comply with applicable provisions |
810 | of the general laws relating to the letting of public contracts. |
811 | Nothing in this section shall be deemed to prevent the district |
812 | from hiring or retaining such consulting engineers, attorneys, |
813 | financial experts or other technicians as it shall determine, in |
814 | its discretion, or from undertaking any construction work with |
815 | its own resources, without any such public advertisement. |
816 | Section 16. Section 157.03, Florida Statutes, is amended |
817 | to read: |
818 | 157.03 Commissioners to appoint committee; report of plans |
819 | and estimate; letting contract; right-of-way for drains.--When |
820 | the county commissioners shall order that such ditch, drain or |
821 | canal, shall be established, they shall appoint a committee of |
822 | three disinterested freeholders who are citizens of the county, |
823 | who may employ a surveyor, and shall cause an accurate survey to |
824 | be made of the proposed ditch, drain or canal, and shall |
825 | establish the commencement, route, and terminus of said ditch, |
826 | drain or canal, the width, length, and depth thereof, and shall |
827 | make and present to the county commissioners, at their next |
828 | regular meeting, or at a meeting as soon thereafter as |
829 | practicable, plans, specifications and profiles for said |
830 | construction, together with an estimate of the approximate cost |
831 | of said ditch, drain or canal, and the annual cost of its |
832 | maintenance, and upon this report of the said committee, the |
833 | board of county commissioners shall advertise once a week for 3 |
834 | weeks, in a newspaper published in the said county, or advertise |
835 | for 3 weeks on a publicly accessible website maintained by the |
836 | county, for bids for the construction of said ditch, drain or |
837 | canal, and the same shall be given to the lowest responsible |
838 | bidder; provided, the board of county commissioners may, if they |
839 | deem it for the best interest of all concerned, reject all bids; |
840 | and in case said bids are rejected they may advertise for |
841 | further bids. Whenever the survey for any proposed ditch, drain |
842 | or canal, shall run through the lands of anyone who shall object |
843 | thereto, the board of county commissioners may proceed to |
844 | condemn the right-of-way for such ditch, drain or canal, and pay |
845 | therefor out of the funds arising from the levy and assessments |
846 | hereinafter provided for. |
847 | Section 17. Section 157.21, Florida Statutes, is amended |
848 | to read: |
849 | 157.21 Enlargement of drains; appointment of committee; |
850 | report to commissioners; letting contract; contractor's bond; |
851 | payments; assessment.--Whenever the board of county |
852 | commissioners shall have determined upon a petition, filed as |
853 | provided in s. 157.16, to enlarge or deepen any drain, they |
854 | shall appoint a committee of the three competent and |
855 | disinterested persons who are citizens of the county, who shall |
856 | cause an accurate survey to be made of the proposed work, and |
857 | shall establish the depth or width to which the same shall be |
858 | deepened and shall make and present to the county commissioners |
859 | at their next regular meeting, an estimate of the cost of said |
860 | work, and upon the report of said committee to them, said county |
861 | commissioners shall advertise not less than 2 weeks in a |
862 | newspaper published in the county, or advertise for 2 weeks on a |
863 | publicly accessible website maintained by the county, for bids |
864 | on said work, to be given to the lowest responsible bidder, with |
865 | the privilege of rejecting all bids that may be offered, should |
866 | the same be considered unreasonable; and in case the said bids |
867 | are rejected, they may again advertise for further bids. The |
868 | said board of county commissioners shall require of the person |
869 | whose bid is accepted for said work a good and sufficient bond |
870 | for the faithful performance of said contract, which said work |
871 | shall be done under the supervision of the committee appointed |
872 | as aforesaid. When the work shall be completed the committee |
873 | shall certify the same to the board of county commissioners who |
874 | shall also inspect such work before final payment is made to the |
875 | contractor, and such confirmation with the report of the |
876 | committee that the work has been done according to contract, |
877 | shall be made a matter of record; provided, that nothing in this |
878 | chapter shall prevent the county commissioners from making |
879 | payments in installments during the progress of the work, if |
880 | deemed expedient. Before letting such contract, the committee |
881 | appointed by the commissioners shall view the lands to be |
882 | benefited by the enlargement or deepening of said drain or |
883 | auxiliary and assess each parcel according and in proportion as |
884 | each shall be benefited, both those lands lying immediately |
885 | along such ditch, drain or canal, and those adjacent thereto, |
886 | for all the expenses that may be incurred in the enlarging or |
887 | deepening of said drain and keeping the same in repair from year |
888 | to year, and shall file a report of the same with the board of |
889 | county commissioners, which said report shall show the several |
890 | tracts of lands assessed and the names of the owners thereof, |
891 | and the amounts assessed against each tract; provided, however, |
892 | that if the owners of any tract cannot be ascertained by |
893 | diligent inquiry, said tract shall be assessed as unknown. |
894 | Section 18. Section 157.28, Florida Statutes, is amended |
895 | to read: |
896 | 157.28 Awarding contracts for repair; approval.--If the |
897 | estimated cost of repairing any such ditch, drain or canal shall |
898 | not exceed the sum of $100, the board of county commissioners |
899 | shall have full power to have the same done in such manner as |
900 | said board may see fit; but if such estimated cost shall exceed |
901 | $100, then the contract shall be let to the lowest responsible |
902 | bidder after advertising for bids at least once each week for 2 |
903 | consecutive weeks in some newspaper published in the county, or |
904 | advertising for bids for 2 consecutive weeks on a publicly |
905 | accessible website maintained by the county, or by posting of |
906 | the advertisement for bids in five conspicuous places in the |
907 | commissioners' district in which such ditch, drain or canal |
908 | shall be located, and all work done shall be subject to the |
909 | approval and acceptance of the board of county commissioners. |
910 | Section 19. Section 159.32, Florida Statutes, is amended |
911 | to read: |
912 | 159.32 Construction contracts.--Contracts for the |
913 | construction of the project may be awarded by the local agency |
914 | in such manner as in its judgment will best promote free and |
915 | open competition, including advertisement for competitive bids |
916 | in a newspaper of general circulation within the boundaries of |
917 | the local agency or on a publicly accessible website maintained |
918 | by the local agency responsible for publication; however, if the |
919 | local agency shall determine that the purposes of this part will |
920 | be more effectively served, the local agency in its discretion |
921 | may award or cause to be awarded contracts for the construction |
922 | of any project, or any part thereof, upon a negotiated basis as |
923 | determined by the local agency. The local agency shall prescribe |
924 | bid security requirements and other procedures in connection |
925 | with the award of such contracts as in its judgment shall |
926 | protect the public interest. The local agency may by written |
927 | contract engage the services of the lessee, purchaser, or |
928 | prospective lessee or purchaser of any project in the |
929 | construction of the project and may provide in the contract that |
930 | the lessee, purchaser, or prospective lessee or purchaser may |
931 | act as an agent of, or an independent contractor for, the local |
932 | agency for the performance of the functions described therein, |
933 | subject to such conditions and requirements consistent with the |
934 | provisions of this part as shall be prescribed in the contract, |
935 | including functions such as the acquisition of the site and |
936 | other real property for the project; the preparation of plans, |
937 | specifications, and contract documents; the award of |
938 | construction and other contracts upon a competitive or |
939 | negotiated basis; the construction of the project, or any part |
940 | thereof, directly by the lessee, purchaser, or prospective |
941 | lessee or purchaser; the inspection and supervision of |
942 | construction; the employment of engineers, architects, builders, |
943 | and other contractors; and the provision of money to pay the |
944 | cost thereof pending reimbursement by the local agency. Any such |
945 | contract may provide that the local agency may, out of proceeds |
946 | of bonds, make advances to or reimburse the lessee, purchaser, |
947 | or prospective lessee or purchaser for its costs incurred in the |
948 | performance of those functions, and shall set forth the |
949 | supporting documents required to be submitted to the local |
950 | agency and the reviews, examinations, and audits that shall be |
951 | required in connection therewith to assure compliance with the |
952 | provisions of this part and the contract. |
953 | Section 20. Paragraph (a) of subsection (2) of section |
954 | 162.12, Florida Statutes, is amended to read: |
955 | 162.12 Notices.-- |
956 | (2) In addition to providing notice as set forth in |
957 | subsection (1), at the option of the code enforcement board, |
958 | notice may also be served by publication or posting, as follows: |
959 | (a)1. Such notice shall be published once during each week |
960 | for 4 consecutive weeks (four publications being sufficient) in |
961 | a newspaper of general circulation in the county where the code |
962 | enforcement board is located or shall be published during the 4 |
963 | weeks immediately preceding the hearing on a publicly accessible |
964 | website maintained by the local government. The website and |
965 | newspaper shall meet such requirements as are prescribed under |
966 | chapter 50 for legal and official advertisements. |
967 | 2. Proof of newspaper publication shall be made as |
968 | provided in ss. 50.041 and 50.051. |
969 |
|
970 | Evidence that an attempt has been made to hand deliver or mail |
971 | notice as provided in subsection (1), together with proof of |
972 | publication or posting as provided in subsection (2), shall be |
973 | sufficient to show that the notice requirements of this part |
974 | have been met, without regard to whether or not the alleged |
975 | violator actually received such notice. |
976 | Section 21. Paragraph (b) of subsection (15) and paragraph |
977 | (c) of subsection (16) of section 163.3184, Florida Statutes, |
978 | are amended to read: |
979 | 163.3184 Process for adoption of comprehensive plan or |
980 | plan amendment.-- |
981 | (15) PUBLIC HEARINGS.-- |
982 | (b) The local governing body shall hold at least two |
983 | advertised public hearings on the proposed comprehensive plan or |
984 | plan amendment as follows: |
985 | 1. The first public hearing shall be held at the |
986 | transmittal stage pursuant to subsection (3). It shall be held |
987 | on a weekday at least 7 days after the day that the first |
988 | advertisement is published or after the notice of the first |
989 | public hearing is initially published on the publicly accessible |
990 | website maintained by the local government. |
991 | 2. The second public hearing shall be held at the adoption |
992 | stage pursuant to subsection (7). It shall be held on a weekday |
993 | at least 5 days after the day that the second advertisement is |
994 | published or after the notice of the second public hearing is |
995 | initially published on the publicly accessible website |
996 | maintained by the local government. |
997 | (16) COMPLIANCE AGREEMENTS.-- |
998 | (c) Prior to its execution of a compliance agreement, the |
999 | local government must approve the compliance agreement at a |
1000 | public hearing advertised at least 10 days before the public |
1001 | hearing in a newspaper of general circulation in the area, or |
1002 | advertised during the 10 days immediately preceding the hearing |
1003 | on a publicly accessible website maintained by the local |
1004 | government, in accordance with the advertisement requirements of |
1005 | subsection (15). |
1006 | Section 22. Paragraph (a) of subsection (2) of section |
1007 | 163.3225, Florida Statutes, is amended to read: |
1008 | 163.3225 Public hearings.-- |
1009 | (2)(a) Notice of intent to consider a development |
1010 | agreement shall be advertised approximately 7 days before each |
1011 | public hearing in a newspaper of general circulation and |
1012 | readership in the county where the local government is located |
1013 | or advertised during the 7 days immediately preceding the |
1014 | hearing on a publicly accessible website maintained by the local |
1015 | government. Notice of intent to consider a development agreement |
1016 | shall also be mailed to all affected property owners before the |
1017 | first public hearing. The day, time, and place at which the |
1018 | second public hearing will be held shall be announced at the |
1019 | first public hearing. |
1020 | Section 23. Paragraph (c) of subsection (3) of section |
1021 | 163.356, Florida Statutes, is amended to read: |
1022 | 163.356 Creation of community redevelopment agency.-- |
1023 | (3) |
1024 | (c) The governing body of the county or municipality shall |
1025 | designate a chair and vice chair from among the commissioners. |
1026 | An agency may employ an executive director, technical experts, |
1027 | and such other agents and employees, permanent and temporary, as |
1028 | it requires, and determine their qualifications, duties, and |
1029 | compensation. For such legal service as it requires, an agency |
1030 | may employ or retain its own counsel and legal staff. An agency |
1031 | authorized to transact business and exercise powers under this |
1032 | part shall file with the governing body, on or before March 31 |
1033 | of each year, a report of its activities for the preceding |
1034 | fiscal year, which report shall include a complete financial |
1035 | statement setting forth its assets, liabilities, income, and |
1036 | operating expenses as of the end of such fiscal year. At the |
1037 | time of filing the report, the agency shall publish on a |
1038 | publicly accessible website maintained by the agency or in a |
1039 | newspaper of general circulation in the community a notice to |
1040 | the effect that such report has been filed with the county or |
1041 | municipality and that the report is available for inspection |
1042 | during business hours in the office of the clerk of the city or |
1043 | county commission and in the office of the agency. |
1044 | Section 24. Paragraph (a) of subsection (6) of section |
1045 | 163.360, Florida Statutes, is amended to read: |
1046 | 163.360 Community redevelopment plans.-- |
1047 | (6)(a) The governing body shall hold a public hearing on a |
1048 | community redevelopment plan after public notice thereof on a |
1049 | publicly accessible website maintained by the local government |
1050 | responsible for publication or by publication in a newspaper |
1051 | having a general circulation in the area of operation of the |
1052 | county or municipality. The notice shall describe the time, |
1053 | date, place, and purpose of the hearing, identify generally the |
1054 | community redevelopment area covered by the plan, and outline |
1055 | the general scope of the community redevelopment plan under |
1056 | consideration. |
1057 | Section 25. Subsection (2) of section 163.361, Florida |
1058 | Statutes, is amended to read: |
1059 | 163.361 Modification of community redevelopment plans.-- |
1060 | (2) The governing body shall hold a public hearing on a |
1061 | proposed modification of any community redevelopment plan after |
1062 | public notice thereof on a publicly accessible website |
1063 | maintained by the local government responsible for publication |
1064 | or by publication in a newspaper having a general circulation in |
1065 | the area of operation of the agency. |
1066 | Section 26. Paragraph (a) of subsection (3) of section |
1067 | 163.380, Florida Statutes, is amended to read: |
1068 | 163.380 Disposal of property in community redevelopment |
1069 | area.--The disposal of property in a community redevelopment |
1070 | area which is acquired by eminent domain is subject to the |
1071 | limitations set forth in s. 73.013. |
1072 | (3)(a) Prior to disposition of any real property or |
1073 | interest therein in a community redevelopment area, any county, |
1074 | municipality, or community redevelopment agency shall give |
1075 | public notice of such disposition by publication in a newspaper |
1076 | having a general circulation in the community, or on a publicly |
1077 | accessible website maintained by the entity responsible for |
1078 | publication, at least 30 days prior to the execution of any |
1079 | contract to sell, lease, or otherwise transfer real property |
1080 | and, prior to the delivery of any instrument of conveyance with |
1081 | respect thereto under the provisions of this section, invite |
1082 | proposals from, and make all pertinent information available to, |
1083 | private redevelopers or any persons interested in undertaking to |
1084 | redevelop or rehabilitate a community redevelopment area or any |
1085 | part thereof. Such notice shall identify the area or portion |
1086 | thereof and shall state that proposals must be made by those |
1087 | interested within 30 days after the date of publication of the |
1088 | notice and that such further information as is available may be |
1089 | obtained at such office as is designated in the notice. The |
1090 | county, municipality, or community redevelopment agency shall |
1091 | consider all such redevelopment or rehabilitation proposals and |
1092 | the financial and legal ability of the persons making such |
1093 | proposals to carry them out; and the county, municipality, or |
1094 | community redevelopment agency may negotiate with any persons |
1095 | for proposals for the purchase, lease, or other transfer of any |
1096 | real property acquired by it in the community redevelopment |
1097 | area. The county, municipality, or community redevelopment |
1098 | agency may accept such proposal as it deems to be in the public |
1099 | interest and in furtherance of the purposes of this part. Except |
1100 | in the case of a governing body acting as the agency, as |
1101 | provided in s. 163.357, a notification of intention to accept |
1102 | such proposal must be filed with the governing body not less |
1103 | than 30 days prior to any such acceptance. Thereafter, the |
1104 | county, municipality, or community redevelopment agency may |
1105 | execute such contract in accordance with the provisions of |
1106 | subsection (1) and deliver deeds, leases, and other instruments |
1107 | and take all steps necessary to effectuate such contract. |
1108 | Section 27. Paragraph (b) of subsection (1) and paragraph |
1109 | (d) of subsection (2) of section 163.387, Florida Statutes, are |
1110 | amended to read: |
1111 | 163.387 Redevelopment trust fund.-- |
1112 | (1) |
1113 | (b)1. For any governing body that has not authorized by |
1114 | June 5, 2006, a study to consider whether a finding of necessity |
1115 | resolution pursuant to s. 163.355 should be adopted, has not |
1116 | adopted a finding of necessity resolution pursuant to s. 163.355 |
1117 | by March 31, 2007, has not adopted a community redevelopment |
1118 | plan by June 7, 2007, and was not authorized to exercise |
1119 | community redevelopment powers pursuant to a delegation of |
1120 | authority under s. 163.410 by a county that has adopted a home |
1121 | rule charter, the amount of tax increment to be contributed by |
1122 | any taxing authority shall be limited as follows: |
1123 | a. If a taxing authority imposes a millage rate that |
1124 | exceeds the millage rate imposed by the governing body that |
1125 | created the trust fund, the amount of tax increment to be |
1126 | contributed by the taxing authority imposing the higher millage |
1127 | rate shall be calculated using the millage rate imposed by the |
1128 | governing body that created the trust fund. Nothing shall |
1129 | prohibit any taxing authority from voluntarily contributing a |
1130 | tax increment at a higher rate for a period of time as specified |
1131 | by interlocal agreement between the taxing authority and the |
1132 | community redevelopment agency. |
1133 | b. At any time more than 24 years after the fiscal year in |
1134 | which a taxing authority made its first contribution to a |
1135 | redevelopment trust fund, by resolution effective no sooner than |
1136 | the next fiscal year and adopted by majority vote of the taxing |
1137 | authority's governing body at a public hearing held not less |
1138 | than 30 or more than 45 days after written notice by registered |
1139 | mail to the community redevelopment agency and published on a |
1140 | publicly accessible website maintained by the entity responsible |
1141 | for publication or in a newspaper of general circulation in the |
1142 | redevelopment area, the taxing authority may limit the amount of |
1143 | increment contributed by the taxing authority to the |
1144 | redevelopment trust fund to the amount of increment the taxing |
1145 | authority was obligated to contribute to the redevelopment trust |
1146 | fund in the fiscal year immediately preceding the adoption of |
1147 | such resolution, plus any increase in the increment after the |
1148 | adoption of the resolution computed using the taxable values of |
1149 | any area which is subject to an area reinvestment agreement. As |
1150 | used in this subparagraph, the term "area reinvestment |
1151 | agreement" means an agreement between the community |
1152 | redevelopment agency and a private party, with or without |
1153 | additional parties, which provides that the increment computed |
1154 | for a specific area shall be reinvested in services or public or |
1155 | private projects, or both, including debt service, supporting |
1156 | one or more projects consistent with the community redevelopment |
1157 | plan that is identified in the agreement to be constructed |
1158 | within that area. Any such reinvestment agreement must specify |
1159 | the estimated total amount of public investment necessary to |
1160 | provide the projects or services, or both, including any |
1161 | applicable debt service. The contribution to the redevelopment |
1162 | trust fund of the increase in the increment of any area that is |
1163 | subject to an area reinvestment agreement following the passage |
1164 | of a resolution as provided in this sub-subparagraph shall cease |
1165 | when the amount specified in the area reinvestment agreement as |
1166 | necessary to provide the projects or services, or both, |
1167 | including any applicable debt service, has been invested. |
1168 | 2. For any community redevelopment agency that was not |
1169 | created pursuant to a delegation of authority under s. 163.410 |
1170 | by a county that has adopted a home rule charter and that |
1171 | modifies its adopted community redevelopment plan after October |
1172 | 1, 2006, in a manner that expands the boundaries of the |
1173 | redevelopment area, the amount of increment to be contributed by |
1174 | any taxing authority with respect to the expanded area shall be |
1175 | limited as set forth in sub-subparagraphs 1.a. and b. |
1176 | (2) |
1177 | (d)1. A local governing body that creates a community |
1178 | redevelopment agency under s. 163.356 may exempt from paragraph |
1179 | (a) a special district that levies ad valorem taxes within that |
1180 | community redevelopment area. The local governing body may grant |
1181 | the exemption either in its sole discretion or in response to |
1182 | the request of the special district. The local governing body |
1183 | must establish procedures by which a special district may submit |
1184 | a written request to be exempted from paragraph (a). |
1185 | 2. In deciding whether to deny or grant a special |
1186 | district's request for exemption from paragraph (a), the local |
1187 | governing body must consider: |
1188 | a. Any additional revenue sources of the community |
1189 | redevelopment agency which could be used in lieu of the special |
1190 | district's tax increment. |
1191 | b. The fiscal and operational impact on the community |
1192 | redevelopment agency. |
1193 | c. The fiscal and operational impact on the special |
1194 | district. |
1195 | d. The benefit to the specific purpose for which the |
1196 | special district was created. The benefit to the special |
1197 | district must be based on specific projects contained in the |
1198 | approved community redevelopment plan for the designated |
1199 | community redevelopment area. |
1200 | e. The impact of the exemption on incurred debt and |
1201 | whether such exemption will impair any outstanding bonds that |
1202 | have pledged tax increment revenues to the repayment of the |
1203 | bonds. |
1204 | f. The benefit of the activities of the special district |
1205 | to the approved community redevelopment plan. |
1206 | g. The benefit of the activities of the special district |
1207 | to the area of operation of the local governing body that |
1208 | created the community redevelopment agency. |
1209 | 3. The local governing body must hold a public hearing on |
1210 | a special district's request for exemption after public notice |
1211 | of the hearing is published on a publicly accessible website |
1212 | maintained by the local governing body or in a newspaper having |
1213 | a general circulation in the county or municipality that created |
1214 | the community redevelopment area. The notice must describe the |
1215 | time, date, place, and purpose of the hearing and must identify |
1216 | generally the community redevelopment area covered by the plan |
1217 | and the impact of the plan on the special district that |
1218 | requested the exemption. |
1219 | 4. If a local governing body grants an exemption to a |
1220 | special district under this paragraph, the local governing body |
1221 | and the special district must enter into an interlocal agreement |
1222 | that establishes the conditions of the exemption, including, but |
1223 | not limited to, the period of time for which the exemption is |
1224 | granted. |
1225 | 5. If a local governing body denies a request for |
1226 | exemption by a special district, the local governing body shall |
1227 | provide the special district with a written analysis specifying |
1228 | the rationale for such denial. This written analysis must |
1229 | include, but is not limited to, the following information: |
1230 | a. A separate, detailed examination of each consideration |
1231 | listed in subparagraph 2. |
1232 | b. Specific examples of how the approved community |
1233 | redevelopment plan will benefit, and has already benefited, the |
1234 | purpose for which the special district was created. |
1235 | 6. The decision to either deny or grant an exemption must |
1236 | be made by the local governing body within 120 days after the |
1237 | date the written request was submitted to the local governing |
1238 | body pursuant to the procedures established by such local |
1239 | governing body. |
1240 | Section 28. Paragraph (c) of subsection (3) and paragraph |
1241 | (c) of subsection (4) of section 163.511, Florida Statutes, are |
1242 | amended to read: |
1243 | 163.511 Special neighborhood improvement districts; |
1244 | creation; referendum; board of directors; duration; extension.-- |
1245 | (3) |
1246 | (c) Within 45 days from compilation of the voter |
1247 | registration list pursuant to paragraph (b), the city clerk or |
1248 | the supervisor of elections shall notify each such elector of |
1249 | the general provisions of this section, including the taxing |
1250 | authority and the date of the upcoming referendum. Notification |
1251 | shall be by United States mail and, in addition thereto, by |
1252 | publication one time in a newspaper of general circulation in |
1253 | the county or municipality in which the district is located or |
1254 | on a publicly accessible website maintained by the entity |
1255 | responsible for such publication. |
1256 | (4) |
1257 | (c) Within 45 days from compilation of the freeholders' |
1258 | registration list pursuant to paragraph (b), the city clerk or |
1259 | the supervisor of elections shall notify each such freeholder of |
1260 | the general provisions of this section, including the taxing |
1261 | authority and the date of the upcoming referendum, and the |
1262 | method provided for submitting corrections to the registration |
1263 | list should the status of the freeholder have changed since the |
1264 | compilation of the tax rolls. Notification shall be by United |
1265 | States mail and, in addition thereto, by publication one time in |
1266 | a newspaper of general circulation in the county or municipality |
1267 | in which the district is located or on a publicly accessible |
1268 | website maintained by the entity responsible for such |
1269 | publication. |
1270 | Section 29. Paragraph (b) of subsection (16) of section |
1271 | 163.514, Florida Statutes, is amended to read: |
1272 | 163.514 Powers of neighborhood improvement |
1273 | districts.--Unless prohibited by ordinance, the board of any |
1274 | district shall be empowered to: |
1275 | (16) |
1276 | (b) In order to implement this subsection, the city clerk |
1277 | or the supervisor of elections, whichever is appropriate, shall |
1278 | compile a list of the names and last known addresses of the |
1279 | electors in the neighborhood improvement district from the list |
1280 | of registered voters of the county as of the last day of the |
1281 | preceding month. The same shall constitute the registration list |
1282 | for the purposes of a referendum. Within 45 days after |
1283 | compilation of the voter registration list, the city clerk or |
1284 | the supervisor of elections shall notify each elector of the |
1285 | general provisions of this section, including the taxing |
1286 | authority and the date of the upcoming referendum. Notification |
1287 | shall be by United States mail and, in addition thereto, by |
1288 | publication one time in a newspaper of general circulation in |
1289 | the county or municipality in which the district is located or |
1290 | on a publicly accessible website maintained by the county or |
1291 | municipality responsible for such publication. |
1292 | Section 30. Subsections (5) and (7) of section 163.516, |
1293 | Florida Statutes, are amended to read: |
1294 | 163.516 Safe neighborhood improvement plans.-- |
1295 | (5) Prior to adoption of the safe neighborhood improvement |
1296 | plan, the board shall hold a public hearing on the plan after |
1297 | public notice thereof by publication in a newspaper of general |
1298 | circulation in the county or municipality in which the district |
1299 | is located or on a publicly accessible website maintained by the |
1300 | entity responsible for such publication. The notice shall |
1301 | describe the time, date, place, and purpose of the hearing; |
1302 | identify the boundaries of the district; and outline the general |
1303 | scope of the plan. |
1304 | (7) If, at any time after approval of the safe |
1305 | neighborhood improvement plan, it becomes desirable to amend or |
1306 | modify the plan, the board may do so. Prior to any such |
1307 | amendment or modification, the board shall obtain written |
1308 | approval of the local governing body concerning conformity to |
1309 | the local government comprehensive plan and hold a public |
1310 | hearing on the proposed amendment or modification after public |
1311 | notice thereof by publication in a newspaper of general |
1312 | circulation in the county or municipality in which the district |
1313 | is located or on a publicly accessible website maintained by the |
1314 | entity responsible for such publication. The notice shall |
1315 | describe the time, place, and purpose of the hearing and |
1316 | generally describe the proposed amendment or modification. |
1317 | Section 31. Subsections (10) and (11) of section 163.524, |
1318 | Florida Statutes, are amended to read: |
1319 | 163.524 Neighborhood Preservation and Enhancement Program; |
1320 | participation; creation of Neighborhood Preservation and |
1321 | Enhancement Districts; creation of Neighborhood Councils and |
1322 | Neighborhood Enhancement Plans.-- |
1323 | (10) Prior to the adoption of the Neighborhood Enhancement |
1324 | Plan, the local government planning agency and Neighborhood |
1325 | Council shall hold a joint public hearing on the plan after |
1326 | public notice by the local government by publication in a |
1327 | newspaper of general circulation in the county or municipality |
1328 | in which the district is located or on a publicly accessible |
1329 | website maintained by the entity responsible for such |
1330 | publication. The notice shall describe the time, date, place, |
1331 | and purpose of the hearing; identify the boundaries of the |
1332 | district; and outline the general scope of the plan as required |
1333 | by law. |
1334 | (11) If at any time after approval of the Neighborhood |
1335 | Enhancement Plan, it becomes desirable to amend or modify the |
1336 | plan, the local governing body may do so. Prior to any such |
1337 | amendment or modification, the local government planning agency |
1338 | and the Neighborhood Council shall hold a joint public hearing |
1339 | on the proposed amendment or modification after public notice by |
1340 | the local government by publication in a newspaper of general |
1341 | circulation in the county or municipality in which the district |
1342 | is located or on a publicly accessible website maintained by the |
1343 | entity responsible for such publication. The notice shall |
1344 | describe the time, place, and purpose of the hearing and shall |
1345 | generally describe the proposed amendment or modification. |
1346 | Section 32. Paragraph (c) of subsection (2) of section |
1347 | 165.041, Florida Statutes, is amended to read: |
1348 | 165.041 Incorporation; merger.-- |
1349 | (2) |
1350 | (c) Notice of the election shall be published at least |
1351 | once each week for 2 consecutive weeks immediately prior to the |
1352 | election, in a newspaper of general circulation in the area to |
1353 | be affected or published during the 2 consecutive weeks |
1354 | immediately preceding the election on a publicly accessible |
1355 | website maintained by the local government or local governments |
1356 | responsible for publication. Such notice shall give the time and |
1357 | places for the election and a general description of the area to |
1358 | be included in the municipality, which shall be in the form of a |
1359 | map to show clearly the area to be covered by the municipality. |
1360 | Section 33. Subsection (2) of section 165.051, Florida |
1361 | Statutes, is amended to read: |
1362 | 165.051 Dissolution procedures.-- |
1363 | (2) If a vote of the qualified voters is required, the |
1364 | governing body of the municipality or, if the municipal |
1365 | governing body does not act within 30 days, the governing body |
1366 | of the county or counties in which the municipality is located, |
1367 | shall set the date of the election, which shall be the next |
1368 | regularly scheduled election or a special election held prior to |
1369 | such election, if approved by a majority of the members of the |
1370 | governing body of each governmental unit affected, but no sooner |
1371 | than 30 days after passage of the ordinance. Notice of the |
1372 | election shall be published at least once each week for 2 |
1373 | consecutive weeks prior to the election in a newspaper of |
1374 | general circulation in the municipality or published during the |
1375 | 2 consecutive weeks immediately preceding the election on a |
1376 | publicly accessible website maintained by the local government |
1377 | or local governments responsible for publication. |
1378 | Section 34. Paragraphs (a) and (c) of subsection (3) of |
1379 | section 166.041, Florida Statutes, are amended to read: |
1380 | 166.041 Procedures for adoption of ordinances and |
1381 | resolutions.-- |
1382 | (3)(a) Except as provided in paragraph (c), a proposed |
1383 | ordinance may be read by title, or in full, on at least 2 |
1384 | separate days and shall, at least 10 days prior to adoption, be |
1385 | noticed once in a newspaper of general circulation in the |
1386 | municipality or shall be noticed during the 10 days immediately |
1387 | preceding adoption on a publicly accessible website maintained |
1388 | by the municipality. The notice of proposed enactment shall |
1389 | state the date, time, and place of the meeting; the title or |
1390 | titles of proposed ordinances; and the place or places within |
1391 | the municipality where such proposed ordinances may be inspected |
1392 | by the public. The notice shall also advise that interested |
1393 | parties may appear at the meeting and be heard with respect to |
1394 | the proposed ordinance. |
1395 | (c) Ordinances initiated by other than the municipality |
1396 | that change the actual zoning map designation of a parcel or |
1397 | parcels of land shall be enacted pursuant to paragraph (a). |
1398 | Ordinances that change the actual list of permitted, |
1399 | conditional, or prohibited uses within a zoning category, or |
1400 | ordinances initiated by the municipality that change the actual |
1401 | zoning map designation of a parcel or parcels of land shall be |
1402 | enacted pursuant to the following procedure: |
1403 | 1. In cases in which the proposed ordinance changes the |
1404 | actual zoning map designation for a parcel or parcels of land |
1405 | involving less than 10 contiguous acres, the governing body |
1406 | shall direct the clerk of the governing body to notify by mail |
1407 | each real property owner whose land the municipality will |
1408 | redesignate by enactment of the ordinance and whose address is |
1409 | known by reference to the latest ad valorem tax records. The |
1410 | notice shall state the substance of the proposed ordinance as it |
1411 | affects that property owner and shall set a time and place for |
1412 | one or more public hearings on such ordinance. Such notice shall |
1413 | be given at least 30 days prior to the date set for the public |
1414 | hearing, and a copy of the notice shall be kept available for |
1415 | public inspection during the regular business hours of the |
1416 | office of the clerk of the governing body. The governing body |
1417 | shall hold a public hearing on the proposed ordinance and may, |
1418 | upon the conclusion of the hearing, immediately adopt the |
1419 | ordinance. |
1420 | 2. In cases in which the proposed ordinance changes the |
1421 | actual list of permitted, conditional, or prohibited uses within |
1422 | a zoning category, or changes the actual zoning map designation |
1423 | of a parcel or parcels of land involving 10 contiguous acres or |
1424 | more, the governing body shall provide for public notice and |
1425 | hearings as follows: |
1426 | a. The local governing body shall hold two advertised |
1427 | public hearings on the proposed ordinance. At least one hearing |
1428 | shall be held after 5 p.m. on a weekday, unless the local |
1429 | governing body, by a majority plus one vote, elects to conduct |
1430 | that hearing at another time of day. The first public hearing |
1431 | shall be held at least 7 days after the day that the first |
1432 | advertisement is published. The second hearing shall be held at |
1433 | least 10 days after the first hearing and shall be advertised at |
1434 | least 5 days prior to the public hearing. |
1435 | b. The required newspaper advertisements shall be no less |
1436 | than 2 columns wide by 10 inches long in a standard size or a |
1437 | tabloid size newspaper, and the headline in the advertisement |
1438 | shall be in a type no smaller than 18 point. The newspaper |
1439 | advertisement shall not be placed in that portion of the |
1440 | newspaper where legal notices and classified advertisements |
1441 | appear. The newspaper advertisement shall be placed in a |
1442 | newspaper of general paid circulation in the municipality and of |
1443 | general interest and readership in the municipality, not one of |
1444 | limited subject matter, pursuant to chapter 50. It is the |
1445 | legislative intent that, whenever possible, the newspaper |
1446 | advertisement appear in a newspaper that is published at least 5 |
1447 | days a week unless the only newspaper in the municipality is |
1448 | published less than 5 days a week. The newspaper advertisement |
1449 | shall be in substantially the following form: |
1450 |
|
1451 | NOTICE OF (TYPE OF) CHANGE |
1452 |
|
1453 | The (name of local governmental unit) proposes to adopt |
1454 | the following ordinance: (title of the ordinance) . |
1455 | A public hearing on the ordinance will be held on (date |
1456 | and time) at (meeting place) . |
1457 |
|
1458 | Except for amendments which change the actual list of permitted, |
1459 | conditional, or prohibited uses within a zoning category, the |
1460 | advertisement shall contain a geographic location map which |
1461 | clearly indicates the area covered by the proposed ordinance. |
1462 | The map shall include major street names as a means of |
1463 | identification of the general area. |
1464 | c. In lieu of publishing the advertisement set out in this |
1465 | paragraph, the municipality may mail a notice to each person |
1466 | owning real property within the area covered by the ordinance. |
1467 | Such notice shall clearly explain the proposed ordinance and |
1468 | shall notify the person of the time, place, and location of any |
1469 | public hearing on the proposed ordinance. |
1470 | Section 35. Subsection (2) of section 166.0497, Florida |
1471 | Statutes, is amended to read: |
1472 | 166.0497 Alteration, amendment, or expansion of |
1473 | established downtown development district; procedures.-- |
1474 | (2) In the resolution of intent, the governing body shall |
1475 | set a date for a public hearing on adoption of an ordinance |
1476 | altering, amending, or expanding the district and describing the |
1477 | new proposed district. Upon the adoption of the resolution, the |
1478 | governing body shall cause a notice of the public hearing to be |
1479 | published in a newspaper of general circulation published in the |
1480 | municipality, which notice shall be published one time not less |
1481 | than 30 nor more than 60 days prior to the date of the hearing, |
1482 | or published during the 60 days immediately preceding the date |
1483 | of the hearing on a publicly accessible website maintained by |
1484 | the municipality. The notice shall set forth the date, time, and |
1485 | place of the hearing and shall describe the new proposed |
1486 | boundaries of the district. Any citizen, taxpayer, or property |
1487 | owner shall have the right to be heard in opposition to the |
1488 | proposed amendment or expansion of the district. After the |
1489 | public hearing, if the governing body intends to proceed with |
1490 | the amendment or expansion of the district, it shall, in the |
1491 | manner authorized by law, adopt an ordinance defining the new |
1492 | district. The governing body shall not incorporate land into the |
1493 | district not included in the description contained in the |
1494 | resolution and the notice of public hearing, but it may |
1495 | eliminate any lands from that description when it adopts the |
1496 | ordinance containing the final determination of the boundaries. |
1497 | Section 36. Section 170.05, Florida Statutes, is amended |
1498 | to read: |
1499 | 170.05 Publication of resolution.--Upon the adoption of |
1500 | the resolution provided for in s. 170.03, the municipality shall |
1501 | cause said resolution to be published on a publicly accessible |
1502 | website maintained by the municipality or one time in a |
1503 | newspaper of general circulation published in said municipality, |
1504 | and if there be no such website is maintained or no such |
1505 | newspaper is published in said municipality, the governing |
1506 | authority of said municipality shall cause said resolution to be |
1507 | published once a week for a period of 2 weeks in a newspaper of |
1508 | general circulation published in the county in which said |
1509 | municipality is located. |
1510 | Section 37. Section 170.07, Florida Statutes, is amended |
1511 | to read: |
1512 | 170.07 Publication of preliminary assessment roll.--Upon |
1513 | the completion of said preliminary assessment roll, the |
1514 | governing authority of the municipality shall by resolution fix |
1515 | a time and place at which the owners of the property to be |
1516 | assessed or any other persons interested therein may appear |
1517 | before said governing authority and be heard as to the propriety |
1518 | and advisability of making such improvements, as to the cost |
1519 | thereof, as to the manner of payment therefor, and as to the |
1520 | amount thereof to be assessed against each property so improved. |
1521 | Thirty days' notice in writing of such time and place shall be |
1522 | given to such property owners. The notice shall include the |
1523 | amount of the assessment and shall be served by mailing a copy |
1524 | to each of such property owners at his or her last known |
1525 | address, the names and addresses of such property owners to be |
1526 | obtained from the records of the property appraiser or from such |
1527 | other sources as the city or town clerk or engineer deems |
1528 | reliable, proof of such mailing to be made by the affidavit of |
1529 | the clerk or deputy clerk of said municipality, or by the |
1530 | engineer, said proof to be filed with the clerk, provided, that |
1531 | failure to mail said notice or notices shall not invalidate any |
1532 | of the proceedings hereunder. Notice of the time and place of |
1533 | such hearing shall also be given by two publications a week |
1534 | apart in a newspaper of general circulation in said municipality |
1535 | or by publication for 2 weeks on a publicly accessible website |
1536 | maintained by the municipality, and if there be no such website |
1537 | is maintained or no such newspaper is published in said |
1538 | municipality, the governing authority of said municipality shall |
1539 | cause said notice to be published in like manner in a newspaper |
1540 | of general circulation published in the county in which said |
1541 | municipality is located; provided that the last publication |
1542 | shall be at least 1 week prior to the date of the hearing. Said |
1543 | notice shall describe the streets or other areas to be improved |
1544 | and advise all persons interested that the description of each |
1545 | property to be assessed and the amount to be assessed to each |
1546 | piece or parcel of property may be ascertained at the office of |
1547 | the clerk of the municipality. Such service by publication shall |
1548 | be verified by the affidavit of the publisher and filed with the |
1549 | clerk of said municipality. |
1550 | Section 38. Paragraph (b) of subsection (2) of section |
1551 | 171.0413, Florida Statutes, is amended to read: |
1552 | 171.0413 Annexation procedures.--Any municipality may |
1553 | annex contiguous, compact, unincorporated territory in the |
1554 | following manner: |
1555 | (2) Following the final adoption of the ordinance of |
1556 | annexation by the governing body of the annexing municipality, |
1557 | the ordinance shall be submitted to a vote of the registered |
1558 | electors of the area proposed to be annexed. The governing body |
1559 | of the annexing municipality may also choose to submit the |
1560 | ordinance of annexation to a separate vote of the registered |
1561 | electors of the annexing municipality. The referendum on |
1562 | annexation shall be called and conducted and the expense thereof |
1563 | paid by the governing body of the annexing municipality. |
1564 | (b) The governing body of the annexing municipality shall |
1565 | publish notice of the referendum on annexation at least once |
1566 | each week for 2 consecutive weeks immediately preceding the date |
1567 | of the referendum in a newspaper of general circulation in the |
1568 | area in which the referendum is to be held or publish the notice |
1569 | during the 2 weeks immediately preceding the date of the |
1570 | referendum on a publicly accessible website maintained by the |
1571 | annexing municipality. The notice shall give the ordinance |
1572 | number, the time and places for the referendum, and a brief, |
1573 | general description of the area proposed to be annexed. The |
1574 | description shall include a map clearly showing the area and a |
1575 | statement that the complete legal description by metes and |
1576 | bounds and the ordinance can be obtained from the office of the |
1577 | city clerk. |
1578 | Section 39. Subsections (3) and (7) of section 171.051, |
1579 | Florida Statutes, are amended to read: |
1580 | 171.051 Contraction procedures.--Any municipality may |
1581 | initiate the contraction of municipal boundaries in the |
1582 | following manner: |
1583 | (3) After introduction, the contraction ordinance shall be |
1584 | noticed at least once per week for 2 consecutive weeks in a |
1585 | newspaper of general circulation in the municipality or noticed |
1586 | during the 2 consecutive weeks immediately preceding the date of |
1587 | the meeting on a publicly accessible website maintained by the |
1588 | municipality, such notice to describe the area to be excluded. |
1589 | Such description shall include a statement of findings to show |
1590 | that the area to be excluded fails to meet the criteria of s. |
1591 | 171.043, set the time and place of the meeting at which the |
1592 | ordinance will be considered, and advise that all parties |
1593 | affected may be heard. |
1594 | (7) The municipal governing body shall establish the date |
1595 | of election and publish notice of the referendum election at |
1596 | least once a week for the 2 consecutive weeks immediately prior |
1597 | to the election in a newspaper of general circulation in the |
1598 | area proposed to be excluded or in the municipality or shall |
1599 | publish notice of the referendum election during the 2 |
1600 | consecutive weeks immediately preceding the date of the election |
1601 | on a publicly accessible website maintained by the municipality. |
1602 | Such notice shall give the time and places for the election and |
1603 | a general description of the area to be excluded, which shall be |
1604 | in the form of a map clearly showing the area proposed to be |
1605 | excluded. |
1606 | Section 40. Subsection (1) of section 173.09, Florida |
1607 | Statutes, is amended to read: |
1608 | 173.09 Judgment for complainant; special magistrate's |
1609 | sale; complainant may purchase and later sell.-- |
1610 | (1) Any such decree shall direct the special magistrate |
1611 | thereby appointed to sell the several parcels of land separately |
1612 | to the highest and best bidder for cash (or, at the option of |
1613 | complainant, to the extent of special assessments included in |
1614 | such judgment, for bonds or interest coupons issued by |
1615 | complainant), at public outcry at the courthouse door of the |
1616 | county in which such suit is pending, or at such point or place |
1617 | in the complainant municipality as the court in such final |
1618 | decree may direct, after having advertised such sale (which |
1619 | advertisement may include all lands so ordered sold) once each |
1620 | week for 2 consecutive weeks in some newspaper published in the |
1621 | city or town in which the complainant is situated or, published |
1622 | for 2 consecutive weeks on a publicly accessible website |
1623 | maintained by the municipality or, if there is no such website |
1624 | or newspaper, in a newspaper published in the county in which |
1625 | the suit is pending, and if all the lands so advertised for sale |
1626 | be not sold on the day specified in such advertisement, such |
1627 | sale shall be continued from day to day until the sale of all |
1628 | such land is completed. |
1629 | Section 41. Subsection (4) of section 177.101, Florida |
1630 | Statutes, is amended to read: |
1631 | 177.101 Vacation and annulment of plats subdividing |
1632 | land.-- |
1633 | (4) Persons making application for vacations of plats |
1634 | either in whole or in part shall give notice of their intention |
1635 | to apply to the governing body of the county to vacate said plat |
1636 | by publishing legal notice in a newspaper of general circulation |
1637 | in the county in which the tract or parcel of land is located, |
1638 | in not less than two weekly issues of said paper, or by |
1639 | publishing legal notice for 2 weeks on a publicly accessible |
1640 | website maintained by the local government, and must attach to |
1641 | the petition for vacation the proof of such publication, |
1642 | together with certificates showing that all state and county |
1643 | taxes have been paid. For the purpose of the tax collector's |
1644 | certification that state, county, and municipal taxes have been |
1645 | paid, the taxes shall be deemed to have been paid if, in |
1646 | addition to any partial payment under s. 194.171, the owner of |
1647 | the platted lands sought to be vacated shall post a cash bond, |
1648 | approved by the tax collector of the county where the land is |
1649 | located and by the Department of Revenue, conditioned to pay the |
1650 | full amount of any judgment entered pursuant to s. 194.192 |
1651 | adverse to the person making partial payment, including all |
1652 | costs, interest, and penalties. The circuit court shall fix the |
1653 | amount of said bond by order, after considering the reasonable |
1654 | timeframe for such litigation and all other relevant factors; |
1655 | and a certified copy of such approval, order, and cash bond |
1656 | shall be attached to the application. If such tract or parcel of |
1657 | land is within the corporate limits of any incorporated city or |
1658 | town, the governing body of the county shall be furnished with a |
1659 | certified copy of a resolution of the town council or city |
1660 | commission, as the case may be, showing that it has already by |
1661 | suitable resolution vacated such plat or subdivision or such |
1662 | part thereof sought to be vacated. |
1663 | Section 42. Section 180.09, Florida Statutes, is amended |
1664 | to read: |
1665 | 180.09 Notice of resolution or ordinance authorizing |
1666 | issuance of certificates.--Upon the adoption of resolution or |
1667 | ordinance by the city council, or other legislative body, by |
1668 | whatever name known, authorizing the issuance of mortgage |
1669 | revenue certificates or debentures, a notice thereof shall be |
1670 | published once a week for 2 consecutive weeks in a newspaper of |
1671 | general circulation in the county in which the municipality is |
1672 | located, or published for 2 consecutive weeks on a publicly |
1673 | accessible website maintained by the municipality, or by posting |
1674 | a notice in at least three conspicuous places within the limits |
1675 | of the municipality, one of which shall be posted at the door of |
1676 | the city hall or city offices; provided, that if any of the |
1677 | mortgage revenue certificates or debentures are to be purchased |
1678 | by the United States of America, or any instrumentality or |
1679 | subdivision thereof, it shall not be necessary to advertise or |
1680 | offer the same for sale by competitive bidding. |
1681 | Section 43. Section 180.24, Florida Statutes, is amended |
1682 | to read: |
1683 | 180.24 Contracts for construction; bond; publication of |
1684 | notice; bids.-- |
1685 | (1) Any municipality desiring the accomplishment of any or |
1686 | all of the purposes of this chapter may make contracts for the |
1687 | construction of any of the utilities mentioned in this chapter, |
1688 | or any extension or extensions to any previously constructed |
1689 | utility, which said contracts shall be in writing, and the |
1690 | contractor shall be required to give bond, which said bond shall |
1691 | be executed by a surety company authorized to do business in the |
1692 | state; provided, however, construction contracts in excess of |
1693 | $25,000 shall be advertised by the publication of a notice in a |
1694 | newspaper of general circulation in the county in which said |
1695 | municipality is located at least once each week for 2 |
1696 | consecutive weeks, or by publication for 2 weeks on a publicly |
1697 | accessible website maintained by the municipality, or by posting |
1698 | three notices in three conspicuous places in said municipality, |
1699 | one of which shall be on the door of the city hall; and that at |
1700 | least 10 days shall elapse between the date of the first |
1701 | publication or posting of such notice and the date of receiving |
1702 | bids and the execution of such contract documents. For municipal |
1703 | construction projects identified in s. 255.0525, the notice |
1704 | provision of that section supersedes and replaces the notice |
1705 | provisions in this section. |
1706 | (2) All contracts for the purchase, lease, or renting of |
1707 | materials or equipment to be used in the accomplishment of any |
1708 | or all of the purposes of this chapter by the municipality, |
1709 | shall be in writing; provided, however, that where said contract |
1710 | for the purchase, lease, or renting of such materials or |
1711 | equipment is in excess of $10,000, notice or advertisement for |
1712 | bids on the same shall be published in accordance with the |
1713 | provisions of subsection (1). |
1714 | Section 44. Paragraph (b) of subsection (1) of section |
1715 | 189.4044, Florida Statutes, is amended to read: |
1716 | 189.4044 Special procedures for inactive districts.-- |
1717 | (1) The department shall declare inactive any special |
1718 | district in this state by documenting that: |
1719 | (b) The department, special district, or local general- |
1720 | purpose government published a notice of proposed declaration of |
1721 | inactive status on a publicly accessible website maintained by |
1722 | the entity responsible for publication or in a newspaper of |
1723 | general circulation in the county or municipality in which the |
1724 | territory of the special district is located and sent a copy of |
1725 | such notice by certified mail to the registered agent or chair |
1726 | of the board, if any. Such notice must include the name of the |
1727 | special district, the law under which it was organized and |
1728 | operating, a general description of the territory included in |
1729 | the special district, and a statement that any objections must |
1730 | be filed pursuant to chapter 120 within 21 days after the |
1731 | publication date; and |
1732 | Section 45. Subsection (1) of section 189.417, Florida |
1733 | Statutes, is amended to read: |
1734 | 189.417 Meetings; notice; required reports.-- |
1735 | (1) The governing body of each special district shall file |
1736 | quarterly, semiannually, or annually a schedule of its regular |
1737 | meetings with the local governing authority or authorities. The |
1738 | schedule shall include the date, time, and location of each |
1739 | scheduled meeting. The schedule shall be published quarterly, |
1740 | semiannually, or annually in a newspaper of general paid |
1741 | circulation in the manner required in this subsection. The |
1742 | governing body of an independent special district shall |
1743 | advertise the day, time, place, and purpose of any meeting other |
1744 | than a regular meeting or any recessed and reconvened meeting of |
1745 | the governing body, at least 7 days prior to such meeting, in a |
1746 | newspaper of general paid circulation in the county or counties |
1747 | in which the special district is located or during the 7 days |
1748 | immediately preceding the meeting on a publicly accessible |
1749 | website maintained by the district, unless a bona fide emergency |
1750 | situation exists, in which case a meeting to deal with the |
1751 | emergency may be held as necessary, with reasonable notice, so |
1752 | long as it is subsequently ratified by the board. No approval of |
1753 | the annual budget shall be granted at an emergency meeting. If |
1754 | the advertisement is published in a newspaper, the advertisement |
1755 | shall be placed in that portion of the newspaper where legal |
1756 | notices and classified advertisements appear. If the |
1757 | advertisement is published in a newspaper, the advertisement |
1758 | shall appear in a newspaper that is published at least 5 days a |
1759 | week, unless the only newspaper in the county is published fewer |
1760 | than 5 days a week. The newspaper selected must be one of |
1761 | general interest and readership in the community and not one of |
1762 | limited subject matter, pursuant to chapter 50. Any other |
1763 | provision of law to the contrary notwithstanding, and except in |
1764 | the case of emergency meetings, water management districts may |
1765 | provide reasonable notice of public meetings held to evaluate |
1766 | responses to solicitations issued by the water management |
1767 | district, by publication in a newspaper of general paid |
1768 | circulation in the county where the principal office of the |
1769 | water management district is located, or in the county or |
1770 | counties where the public work will be performed, no less than 7 |
1771 | days before such meeting, or on a publicly accessible website |
1772 | maintained by the district during the 7 days immediately |
1773 | preceding the meeting. |
1774 | Section 46. Paragraph (a) of subsection (2) of section |
1775 | 190.006, Florida Statutes, is amended to read: |
1776 | 190.006 Board of supervisors; members and meetings.-- |
1777 | (2)(a) Within 90 days following the effective date of the |
1778 | rule or ordinance establishing the district, there shall be held |
1779 | a meeting of the landowners of the district for the purpose of |
1780 | electing five supervisors for the district. Notice of the |
1781 | landowners' meeting shall be published once a week for 2 |
1782 | consecutive weeks in a newspaper which is in general circulation |
1783 | in the area of the district, the last day of such newspaper |
1784 | publication to be not fewer than 14 days or more than 28 days |
1785 | before the date of the election, or published during the 28 days |
1786 | immediately preceding the date of the election on a publicly |
1787 | accessible website maintained by the district. The landowners, |
1788 | when assembled at such meeting, shall organize by electing a |
1789 | chair who shall conduct the meeting. The chair may be any person |
1790 | present at the meeting. If the chair is a landowner or proxy |
1791 | holder of a landowner, he or she may nominate candidates and |
1792 | make and second motions. |
1793 | Section 47. Subsection (1) of section 190.033, Florida |
1794 | Statutes, is amended to read: |
1795 | 190.033 Bids required.-- |
1796 | (1) No contract shall be let by the board for any goods, |
1797 | supplies, or materials to be purchased when the amount thereof |
1798 | to be paid by the district shall exceed the amount provided in |
1799 | s. 287.017 for category four, unless notice of bids or other |
1800 | competitive solicitation, including requests for proposals or |
1801 | qualifications, is advertised once in a newspaper in general |
1802 | circulation in the county and in the district or on a publicly |
1803 | accessible website maintained by the district. Any board seeking |
1804 | to construct or improve a public building, structure, or other |
1805 | public works shall comply with the bidding procedures of s. |
1806 | 255.20 and other applicable general law. In each case, the bid |
1807 | of the lowest responsive and responsible bidder shall be |
1808 | accepted unless all bids are rejected because the bids are too |
1809 | high, or the board determines it is in the best interests of the |
1810 | district to reject all bids. In each case in which requests for |
1811 | proposals, qualifications, or other competitive solicitations |
1812 | are used, the district shall determine which response is most |
1813 | advantageous for the district and award the contract to that |
1814 | proposer. The board may require the bidders or proposers to |
1815 | furnish bond with a responsible surety to be approved by the |
1816 | board. If the district does not receive a response to its |
1817 | competitive solicitation, the district may proceed to purchase |
1818 | such goods, supplies, materials, or construction services in the |
1819 | manner it deems in the best interests of the district. Nothing |
1820 | in this section shall prevent the board from undertaking and |
1821 | performing the construction, operation, and maintenance of any |
1822 | project or facility authorized by this act by the employment of |
1823 | labor, material, and machinery. |
1824 | Section 48. Subsection (4) of section 191.005, Florida |
1825 | Statutes, is amended to read: |
1826 | 191.005 District boards of commissioners; membership, |
1827 | officers, meetings.-- |
1828 | (4) Members of the board may each be paid a salary or |
1829 | honorarium to be determined by at least a majority plus one vote |
1830 | of the board, which salary or honorarium may not exceed $500 per |
1831 | month for each member. Special notice of any meeting at which |
1832 | the board will consider a salary change for a board member shall |
1833 | be published at least once, at least 14 days prior to the |
1834 | meeting, in a newspaper of general circulation in the county in |
1835 | which the district is located or published during the 14 days |
1836 | immediately preceding the meeting on a publicly accessible |
1837 | website maintained by the district. Separate compensation for |
1838 | the board member serving as treasurer may be authorized by like |
1839 | vote so long as total compensation for the board member does not |
1840 | exceed $500 per month. Members may be reimbursed for travel and |
1841 | per diem expenses as provided in s. 112.061. |
1842 | Section 49. Paragraph (i) of subsection (1) and paragraph |
1843 | (g) of subsection (2) of section 192.0105, Florida Statutes, are |
1844 | amended to read: |
1845 | 192.0105 Taxpayer rights.--There is created a Florida |
1846 | Taxpayer's Bill of Rights for property taxes and assessments to |
1847 | guarantee that the rights, privacy, and property of the |
1848 | taxpayers of this state are adequately safeguarded and protected |
1849 | during tax levy, assessment, collection, and enforcement |
1850 | processes administered under the revenue laws of this state. The |
1851 | Taxpayer's Bill of Rights compiles, in one document, brief but |
1852 | comprehensive statements that summarize the rights and |
1853 | obligations of the property appraisers, tax collectors, clerks |
1854 | of the court, local governing boards, the Department of Revenue, |
1855 | and taxpayers. Additional rights afforded to payors of taxes and |
1856 | assessments imposed under the revenue laws of this state are |
1857 | provided in s. 213.015. The rights afforded taxpayers to assure |
1858 | that their privacy and property are safeguarded and protected |
1859 | during tax levy, assessment, and collection are available only |
1860 | insofar as they are implemented in other parts of the Florida |
1861 | Statutes or rules of the Department of Revenue. The rights so |
1862 | guaranteed to state taxpayers in the Florida Statutes and the |
1863 | departmental rules include: |
1864 | (1) THE RIGHT TO KNOW.-- |
1865 | (i) The right to an advertisement in a newspaper, or on a |
1866 | publicly accessible website maintained by the entity responsible |
1867 | for publication, listing names of taxpayers who are delinquent |
1868 | in paying tangible personal property taxes, with amounts due, |
1869 | and giving notice that interest is accruing at 18 percent and |
1870 | that, unless taxes are paid, warrants will be issued, prior to |
1871 | petition made with the circuit court for an order to seize and |
1872 | sell property (see s. 197.402(2)). |
1873 | (2) THE RIGHT TO DUE PROCESS.-- |
1874 | (g) The right to be mailed a timely written decision by |
1875 | the value adjustment board containing findings of fact and |
1876 | conclusions of law and reasons for upholding or overturning the |
1877 | determination of the property appraiser, and the right to |
1878 | advertised notice, which shall include advertisement of notice |
1879 | via a publicly accessible website, of all board actions, |
1880 | including appropriate narrative and column descriptions, in |
1881 | brief and nontechnical language (see ss. 194.034(2) and |
1882 | 194.037(3)). |
1883 | Section 50. Subsection (1) of section 194.037, Florida |
1884 | Statutes, is amended to read: |
1885 | 194.037 Disclosure of tax impact.-- |
1886 | (1) After hearing all petitions, complaints, appeals, and |
1887 | disputes, the clerk shall make public notice of the findings and |
1888 | results of the board. If advertised in a newspaper, the |
1889 | advertisement shall be in at least a quarter-page size |
1890 | advertisement of a standard size or tabloid size newspaper, and |
1891 | the headline shall be in a type no smaller than 18 point. If the |
1892 | advertisement is published in a newspaper, the advertisement |
1893 | shall not be placed in that portion of the newspaper where legal |
1894 | notices and classified advertisements appear. The advertisement |
1895 | shall be published on a publicly accessible website maintained |
1896 | by the entity responsible for publication or in a newspaper of |
1897 | general paid circulation in the county. If the advertisement is |
1898 | published in a newspaper, the newspaper selected shall be one of |
1899 | general interest and readership in the community, and not one of |
1900 | limited subject matter, pursuant to chapter 50. The headline |
1901 | shall read: TAX IMPACT OF VALUE ADJUSTMENT BOARD. The public |
1902 | notice shall list the members of the value adjustment board and |
1903 | the taxing authorities to which they are elected. The form shall |
1904 | show, in columnar form, for each of the property classes listed |
1905 | under subsection (2), the following information, with |
1906 | appropriate column totals: |
1907 | (a) In the first column, the number of parcels for which |
1908 | the board granted exemptions that had been denied or that had |
1909 | not been acted upon by the property appraiser. |
1910 | (b) In the second column, the number of parcels for which |
1911 | petitions were filed concerning a property tax exemption. |
1912 | (c) In the third column, the number of parcels for which |
1913 | the board considered the petition and reduced the assessment |
1914 | from that made by the property appraiser on the initial |
1915 | assessment roll. |
1916 | (d) In the fourth column, the number of parcels for which |
1917 | petitions were filed but not considered by the board because |
1918 | such petitions were withdrawn or settled prior to the board's |
1919 | consideration. |
1920 | (e) In the fifth column, the number of parcels for which |
1921 | petitions were filed requesting a change in assessed value, |
1922 | including requested changes in assessment classification. |
1923 | (f) In the sixth column, the net change in taxable value |
1924 | from the assessor's initial roll which results from board |
1925 | decisions. |
1926 | (g) In the seventh column, the net shift in taxes to |
1927 | parcels not granted relief by the board. The shift shall be |
1928 | computed as the amount shown in column 6 multiplied by the |
1929 | applicable millage rates adopted by the taxing authorities in |
1930 | hearings held pursuant to s. 200.065(2)(d) or adopted by vote of |
1931 | the electors pursuant to s. 9(b) or s. 12, Art. VII of the State |
1932 | Constitution, but without adjustment as authorized pursuant to |
1933 | s. 200.065(6). If for any taxing authority the hearing has not |
1934 | been completed at the time the notice required herein is |
1935 | prepared, the millage rate used shall be that adopted in the |
1936 | hearing held pursuant to s. 200.065(2)(c). |
1937 | Section 51. Paragraph (a) of subsection (3) of section |
1938 | 197.3632, Florida Statutes, is amended to read: |
1939 | 197.3632 Uniform method for the levy, collection, and |
1940 | enforcement of non-ad valorem assessments.-- |
1941 | (3)(a) Notwithstanding any other provision of law to the |
1942 | contrary, a local government which is authorized to impose a |
1943 | non-ad valorem assessment and which elects to use the uniform |
1944 | method of collecting such assessment for the first time as |
1945 | authorized in this section shall adopt a resolution at a public |
1946 | hearing prior to January 1 or, if the property appraiser, tax |
1947 | collector, and local government agree, March 1. The resolution |
1948 | shall clearly state its intent to use the uniform method of |
1949 | collecting such assessment. The local government shall publish |
1950 | notice of its intent to use the uniform method for collecting |
1951 | such assessment weekly in a newspaper of general circulation |
1952 | within each county contained in the boundaries of the local |
1953 | government for 4 consecutive weeks preceding the hearing or |
1954 | shall publish the notice during the 4 consecutive weeks |
1955 | immediately preceding the hearing on a publicly accessible |
1956 | website maintained by the local government. The resolution shall |
1957 | state the need for the levy and shall include a legal |
1958 | description of the boundaries of the real property subject to |
1959 | the levy. If the resolution is adopted, the local governing |
1960 | board shall send a copy of it by United States mail to the |
1961 | property appraiser, the tax collector, and the department by |
1962 | January 10 or, if the property appraiser, tax collector, and |
1963 | local government agree, March 10. |
1964 | Section 52. Paragraphs (d) and (f) of subsection (2), |
1965 | paragraph (g) of subsection (3), paragraph (b) of subsection |
1966 | (12), and paragraph (a) of subsection (14) of section 200.065, |
1967 | Florida Statutes, are amended to read: |
1968 | 200.065 Method of fixing millage.-- |
1969 | (2) No millage shall be levied until a resolution or |
1970 | ordinance has been approved by the governing board of the taxing |
1971 | authority which resolution or ordinance must be approved by the |
1972 | taxing authority according to the following procedure: |
1973 | (d) Within 15 days after the meeting adopting the |
1974 | tentative budget, the taxing authority shall advertise in a |
1975 | newspaper of general circulation in the county as provided in |
1976 | subsection (3), its intent to finally adopt a millage rate and |
1977 | budget or, within 15 days after the meeting adopting the |
1978 | tentative budget, the taxing authority shall advertise on its |
1979 | publicly accessible website its intent to finally adopt a |
1980 | millage rate and budget and shall maintain the notice on its |
1981 | website until the hearing. If advertised in the newspaper, a |
1982 | public hearing to finalize the budget and adopt a millage rate |
1983 | shall be held not less than 2 days nor more than 5 days after |
1984 | the day that the advertisement is first published. During the |
1985 | hearing, the governing body of the taxing authority shall amend |
1986 | the adopted tentative budget as it sees fit, adopt a final |
1987 | budget, and adopt a resolution or ordinance stating the millage |
1988 | rate to be levied. The resolution or ordinance shall state the |
1989 | percent, if any, by which the millage rate to be levied exceeds |
1990 | the rolled-back rate computed pursuant to subsection (1), which |
1991 | shall be characterized as the percentage increase in property |
1992 | taxes adopted by the governing body. The adoption of the budget |
1993 | and the millage-levy resolution or ordinance shall be by |
1994 | separate votes. For each taxing authority levying millage, the |
1995 | name of the taxing authority, the rolled-back rate, the |
1996 | percentage increase, and the millage rate to be levied shall be |
1997 | publicly announced prior to the adoption of the millage-levy |
1998 | resolution or ordinance. In no event may the millage rate |
1999 | adopted pursuant to this paragraph exceed the millage rate |
2000 | tentatively adopted pursuant to paragraph (c). If the rate |
2001 | tentatively adopted pursuant to paragraph (c) exceeds the |
2002 | proposed rate provided to the property appraiser pursuant to |
2003 | paragraph (b), or as subsequently adjusted pursuant to |
2004 | subsection (11), each taxpayer within the jurisdiction of the |
2005 | taxing authority shall be sent notice by first-class mail of his |
2006 | or her taxes under the tentatively adopted millage rate and his |
2007 | or her taxes under the previously proposed rate. The notice must |
2008 | be prepared by the property appraiser, at the expense of the |
2009 | taxing authority, and must generally conform to the requirements |
2010 | of s. 200.069. If such additional notice is necessary, its |
2011 | mailing must precede the hearing held pursuant to this paragraph |
2012 | by not less than 10 days and not more than 15 days. |
2013 | (f)1. Notwithstanding any provisions of paragraph (c) to |
2014 | the contrary, each school district shall advertise its intent to |
2015 | adopt a tentative budget in a newspaper of general circulation |
2016 | pursuant to subsection (3), or on the school district's publicly |
2017 | accessible website, within 29 days of certification of value |
2018 | pursuant to subsection (1). If advertised on the website, the |
2019 | advertisement shall remain on the website until the date of the |
2020 | hearing. If advertised in the newspaper, the advertisement shall |
2021 | be published not less than 2 days or more than 5 days |
2022 | thereafter, the district shall hold a public hearing on the |
2023 | tentative budget pursuant to the applicable provisions of |
2024 | paragraph (c). |
2025 | 2. Notwithstanding any provisions of paragraph (b) to the |
2026 | contrary, each school district shall advise the property |
2027 | appraiser of its recomputed proposed millage rate within 35 days |
2028 | of certification of value pursuant to subsection (1). The |
2029 | recomputed proposed millage rate of the school district shall be |
2030 | considered its proposed millage rate for the purposes of |
2031 | paragraph (b). |
2032 | 3. Notwithstanding any provisions of paragraph (d) to the |
2033 | contrary, each school district shall hold a public hearing to |
2034 | finalize the budget and adopt a millage rate within 80 days of |
2035 | certification of value pursuant to subsection (1), but not |
2036 | earlier than 65 days after certification. The hearing shall be |
2037 | held in accordance with the applicable provisions of paragraph |
2038 | (d), except that a newspaper advertisement need not precede the |
2039 | hearing. |
2040 | (3) The advertisement shall be no less than one-quarter |
2041 | page in size of a standard size or a tabloid size newspaper, and |
2042 | the headline in the advertisement shall be in a type no smaller |
2043 | than 18 point. The advertisement shall not be placed in that |
2044 | portion of the newspaper where legal notices and classified |
2045 | advertisements appear. The advertisement shall be published in a |
2046 | newspaper of general paid circulation in the county or in a |
2047 | geographically limited insert of such newspaper. The geographic |
2048 | boundaries in which such insert is circulated shall include the |
2049 | geographic boundaries of the taxing authority. It is the |
2050 | legislative intent that, whenever possible, the advertisement |
2051 | appear in a newspaper that is published at least 5 days a week |
2052 | unless the only newspaper in the county is published less than 5 |
2053 | days a week, or that the advertisement appear in a |
2054 | geographically limited insert of such newspaper which insert is |
2055 | published throughout the taxing authority's jurisdiction at |
2056 | least twice each week. It is further the legislative intent that |
2057 | the newspaper selected be one of general interest and readership |
2058 | in the community and not one of limited subject matter, pursuant |
2059 | to chapter 50. |
2060 | (g) In the event that the mailing of the notice of |
2061 | proposed property taxes is delayed beyond September 3 in a |
2062 | county, any multicounty taxing authority which levies ad valorem |
2063 | taxes within that county shall advertise its intention to adopt |
2064 | a tentative budget and millage rate on a publicly accessible |
2065 | website maintained by the taxing authority or in a newspaper of |
2066 | paid general circulation within that county, as provided in this |
2067 | subsection, and shall hold the hearing required pursuant to |
2068 | paragraph (2)(c). If advertised in the newspaper, the hearing |
2069 | shall be held not less than 2 days or more than 5 days |
2070 | thereafter, and not later than September 18. If advertised on |
2071 | the website, the hearing shall be held not less than 2 days |
2072 | after initial publication of the advertisement on the website, |
2073 | and not later than September 18, and shall remain on the website |
2074 | until the date of the hearing. The advertisement shall be in the |
2075 | following form, unless the proposed millage rate is less than or |
2076 | equal to the rolled-back rate, computed pursuant to subsection |
2077 | (1), in which case the advertisement shall be as provided in |
2078 | paragraph (e): |
2079 |
|
2080 | NOTICE OF TAX INCREASE |
2081 |
|
2082 | The (name of the taxing authority) proposes to increase |
2083 | its property tax levy by (percentage of increase over rolled- |
2084 | back rate) percent. |
2085 | All concerned citizens are invited to attend a public |
2086 | hearing on the proposed tax increase to be held on (date and |
2087 | time) at (meeting place) . |
2088 | (12) The time periods specified in this section shall be |
2089 | determined by using the date of certification of value pursuant |
2090 | to subsection (1) or July 1, whichever date is later, as day 1. |
2091 | The time periods shall be considered directory and may be |
2092 | shortened, provided: |
2093 | (b) Any public hearing preceded by a newspaper |
2094 | advertisement is held not less than 2 days or more than 5 days |
2095 | following publication of such advertisement and any public |
2096 | hearing preceded by a website advertisement is held not less |
2097 | than 2 days after initial publication of such advertisement and |
2098 | the advertisement remains on the website until the date of the |
2099 | hearing; and |
2100 | (14)(a) If the notice of proposed property taxes mailed to |
2101 | taxpayers under this section contains an error, the property |
2102 | appraiser, in lieu of mailing a corrected notice to all |
2103 | taxpayers, may correct the error by mailing a short form of the |
2104 | notice to those taxpayers affected by the error and its |
2105 | correction. The notice shall be prepared by the property |
2106 | appraiser at the expense of the taxing authority which caused |
2107 | the error or at the property appraiser's expense if he or she |
2108 | caused the error. The form of the notice must be approved by the |
2109 | executive director of the Department of Revenue or the executive |
2110 | director's designee. If the error involves only the date and |
2111 | time of the public hearings required by this section, the |
2112 | property appraiser, with the permission of the taxing authority |
2113 | affected by the error, may correct the error by advertising the |
2114 | corrected information on a publicly accessible website |
2115 | maintained by the taxing authority or in a newspaper of general |
2116 | circulation in the county as provided in subsection (3). |
2117 | Section 53. Section 205.032, Florida Statutes, is amended |
2118 | to read: |
2119 | 205.032 Levy; counties.--The governing body of a county |
2120 | may levy, by appropriate resolution or ordinance, a business tax |
2121 | for the privilege of engaging in or managing any business, |
2122 | profession, or occupation within its jurisdiction. However, the |
2123 | governing body must first give at least 14 days' public notice |
2124 | between the first and last reading of the resolution or |
2125 | ordinance by publishing a notice in a newspaper of general |
2126 | circulation within its jurisdiction as defined by law or by |
2127 | publishing the notice for at least 14 days during the time |
2128 | period between the first and last reading of the resolution or |
2129 | ordinance on a publicly accessible website maintained by the |
2130 | county. The public notice must contain the proposed |
2131 | classifications and rates applicable to the business tax. |
2132 | Section 54. Section 205.042, Florida Statutes, is amended |
2133 | to read: |
2134 | 205.042 Levy; municipalities.--The governing body of an |
2135 | incorporated municipality may levy, by appropriate resolution or |
2136 | ordinance, a business tax for the privilege of engaging in or |
2137 | managing any business, profession, or occupation within its |
2138 | jurisdiction. However, the governing body must first give at |
2139 | least 14 days' public notice between the first and last reading |
2140 | of the resolution or ordinance by publishing the notice in a |
2141 | newspaper of general circulation within its jurisdiction as |
2142 | defined by law or by publishing the notice for at least 14 days |
2143 | during the time period between the first and last reading of the |
2144 | resolution or ordinance on a publicly accessible website |
2145 | maintained by the municipality. The notice must contain the |
2146 | proposed classifications and rates applicable to the business |
2147 | tax. The business tax may be levied on: |
2148 | (1) Any person who maintains a permanent business location |
2149 | or branch office within the municipality, for the privilege of |
2150 | engaging in or managing any business within its jurisdiction. |
2151 | (2) Any person who maintains a permanent business location |
2152 | or branch office within the municipality, for the privilege of |
2153 | engaging in or managing any profession or occupation within its |
2154 | jurisdiction. |
2155 | (3) Any person who does not qualify under subsection (1) |
2156 | or subsection (2) and who transacts any business or engages in |
2157 | any occupation or profession in interstate commerce, if the |
2158 | business tax is not prohibited by s. 8, Art. I of the United |
2159 | States Constitution. |
2160 | Section 55. Subsection (2) of section 255.0525, Florida |
2161 | Statutes, is amended to read: |
2162 | 255.0525 Advertising for competitive bids or proposals.-- |
2163 | (2) The solicitation of competitive bids or proposals for |
2164 | any county, municipality, or other political subdivision |
2165 | construction project that is projected to cost more than |
2166 | $200,000 shall be publicly advertised at least once in a |
2167 | newspaper of general circulation in the county where the project |
2168 | is located at least 21 days prior to the established bid opening |
2169 | and at least 5 days prior to any scheduled prebid conference or |
2170 | publicly advertised during the 21-day period immediately |
2171 | preceding the established bid opening date and during the 5-day |
2172 | period immediately preceding any scheduled prebid conference on |
2173 | a publicly accessible website maintained by the entity |
2174 | responsible for publication. The solicitation of competitive |
2175 | bids or proposals for any county, municipality, or other |
2176 | political subdivision construction project that is projected to |
2177 | cost more than $500,000 shall be publicly advertised at least |
2178 | once in a newspaper of general circulation in the county where |
2179 | the project is located at least 30 days prior to the established |
2180 | bid opening and at least 5 days prior to any scheduled prebid |
2181 | conference or publicly advertised during the 21-day period |
2182 | immediately preceding the established bid opening date and |
2183 | during the 5-day period immediately preceding any scheduled |
2184 | prebid conference on a publicly accessible website maintained by |
2185 | the entity responsible for publication. Bids or proposals shall |
2186 | be received and opened at the location, date, and time |
2187 | established in the bid or proposal advertisement. In cases of |
2188 | emergency, the procedures required in this section may be |
2189 | altered by the local governmental entity in any manner that is |
2190 | reasonable under the emergency circumstances. |
2191 | Section 56. Section 274.06, Florida Statutes, is amended |
2192 | to read: |
2193 | 274.06 Alternative procedure.--Having consideration for |
2194 | the best interests of the county or district, a governmental |
2195 | unit's property that is obsolete or the continued use of which |
2196 | is uneconomical or inefficient, or which serves no useful |
2197 | function, which property is not otherwise lawfully disposed of, |
2198 | may be disposed of for value to any person, or may be disposed |
2199 | of for value without bids to the state, to any governmental |
2200 | unit, or to any political subdivision as defined in s. 1.01, or |
2201 | if the property is without commercial value it may be donated, |
2202 | destroyed, or abandoned. The determination of property to be |
2203 | disposed of by a governmental unit pursuant to this section |
2204 | instead of pursuant to other provisions of law shall be at the |
2205 | election of such governmental unit in the reasonable exercise of |
2206 | its discretion. Property, the value of which the governmental |
2207 | unit estimates to be under $5,000, may be disposed of in the |
2208 | most efficient and cost-effective means as determined by the |
2209 | governmental unit. Any sale of property the value of which the |
2210 | governmental unit estimates to be $5,000 or more shall be sold |
2211 | only to the highest responsible bidder, or by public auction, |
2212 | after publication of notice not less than 1 week nor more than 2 |
2213 | weeks prior to sale in a newspaper having a general circulation |
2214 | in the county or district in which is located the official |
2215 | office of the governmental unit, and in additional newspapers if |
2216 | in the judgment of the governmental unit the best interests of |
2217 | the county or district will better be served by the additional |
2218 | notices, or during the 2 weeks immediately preceding the sale on |
2219 | a publicly accessible website maintained by the entity |
2220 | responsible for publication; provided that nothing herein |
2221 | contained shall be construed to require the sheriff of a county |
2222 | to advertise the sale of miscellaneous contraband of an |
2223 | estimated value of less than $5,000. |
2224 | Section 57. Subsection (3) of section 290.0057, Florida |
2225 | Statutes, is amended to read: |
2226 | 290.0057 Enterprise zone development plan.-- |
2227 | (3) Prior to adopting the strategic plan, the governing |
2228 | body or bodies shall hold a public hearing on the strategic plan |
2229 | after public notice thereof by publication in a newspaper having |
2230 | a general circulation in the area of operation of the governing |
2231 | body or bodies or by publication on a publicly accessible |
2232 | website maintained by the entity responsible for publication. |
2233 | The notice shall describe the time, date, place, and purpose of |
2234 | the hearing, identify the nominated area covered by the plan, |
2235 | and outline the general scope of the strategic plan under |
2236 | consideration. |
2237 | Section 58. Subsections (2) and (6) of section 298.301, |
2238 | Florida Statutes, are amended to read: |
2239 | 298.301 District water control plan adoption; district |
2240 | boundary modification; plan amendment; notice forms; objections; |
2241 | hearings; assessments.-- |
2242 | (2) Before adopting a water control plan or plan |
2243 | amendment, the board of supervisors must adopt a resolution to |
2244 | consider adoption of the proposed plan or plan amendment. As |
2245 | soon as the resolution proposing the adoption or amendment of |
2246 | the district's water control plan has been filed with the |
2247 | district secretary, the board of supervisors shall give notice |
2248 | of a public hearing on the proposed plan or plan amendment by |
2249 | causing publication to be made once a week for 3 consecutive |
2250 | weeks in a newspaper of general circulation published in each |
2251 | county in which lands and other property described in the |
2252 | resolution are situated or by publication for 3 consecutive |
2253 | weeks on a publicly accessible website maintained by the entity |
2254 | responsible for such publication. The notice must be in |
2255 | substantially the following form: |
2256 |
|
2257 | Notice of Hearing |
2258 |
|
2259 | To the owners and all persons interested in the lands |
2260 | corporate, and other property in and adjacent to the name of |
2261 | district District. |
2262 | You are notified that the name of district District has |
2263 | filed in the office of the secretary of the district a |
2264 | resolution to consider approval of a water control plan or an |
2265 | amendment to the current water control plan to provide here |
2266 | insert a summary of the proposed water control plan or plan |
2267 | amendment . On or before its scheduled meeting of (date and |
2268 | time) at the district's offices located at (list address of |
2269 | offices) written objections to the proposed plan or plan |
2270 | amendment may be filed at the district's offices. A public |
2271 | hearing on the proposed plan or plan amendment will be conducted |
2272 | at the scheduled meeting, and written objections will be |
2273 | considered at that time. At the conclusion of the hearing, the |
2274 | board of supervisors may determine to proceed with the process |
2275 | for approval of the proposed plan or plan amendment and direct |
2276 | the district engineer to prepare an engineer's report |
2277 | identifying any property to be taken, determining benefits and |
2278 | damages, and estimating the cost of implementing the |
2279 | improvements associated with the proposed plan or plan |
2280 | amendment. A final hearing on approval of the proposed plan or |
2281 | plan amendment and engineer's report shall be duly noticed and |
2282 | held at a regularly scheduled board of supervisors meeting at |
2283 | least 25 days but no later than 60 days after the last scheduled |
2284 | publication of the notice of filing of the engineer's report |
2285 | with the secretary of the district. |
2286 |
|
2287 |
|
2288 | Date of first publication: __________, (year) |
2289 | _______________________________________________________ |
2290 |
|
2291 | (Chair or President, Board of Supervisors) |
2292 |
|
2293 | ____________________ County, Florida |
2294 | (6) Upon the filing of the engineer's report, the board of |
2295 | supervisors shall give notice thereof by arranging the |
2296 | publication of the notice of filing of the engineer's report |
2297 | together with a geographical depiction of the district once a |
2298 | week for 2 consecutive weeks in a newspaper of general |
2299 | circulation in each county in the district or by publication for |
2300 | 2 consecutive weeks on a publicly accessible website maintained |
2301 | by the entity responsible for such publication. A location map |
2302 | or legal description of the land shall constitute a geographical |
2303 | depiction. The notice must be substantially as follows: |
2304 |
|
2305 | Notice of Filing Engineer's Report for |
2306 | ____________________ District |
2307 |
|
2308 | Notice is given to all persons interested in the following |
2309 | described land and property in __________ County (or Counties), |
2310 | Florida, viz.: (Here describe land and property) included |
2311 | within the _______________ district that the engineer hereto |
2312 | appointed to determine benefits and damages to the property and |
2313 | lands situated in the district and to determine the estimated |
2314 | cost of construction required by the water control plan, within |
2315 | or without the limits of the district, under the proposed water |
2316 | control plan or plan amendment, filed her or his report in the |
2317 | office of the secretary of the district, located at (list |
2318 | address of district offices) , on the __________ day of |
2319 | _______________, (year) , and you may examine the report and |
2320 | file written objections with the secretary of the district to |
2321 | all, or any part thereof, on or before (enter date 20 days |
2322 | after the last scheduled publication of this notice if published |
2323 | in the newspaper or, if published on the website, enter date 60 |
2324 | days after the initial publication on the website, which date |
2325 | must be before the date of the final hearing) . The report |
2326 | recommends (describe benefits and damages) . A final hearing |
2327 | to consider approval of the report and proposed water control |
2328 | plan or plan amendment shall be held (time, place, and date at |
2329 | least 25 days but no later than 60 days after the last scheduled |
2330 | newspaper publication of this notice or, if published on the |
2331 | website, no less than 60 days after the initial publication on |
2332 | the website) . |
2333 |
|
2334 | Date of first publication: __________, (year) |
2335 | _______________________________________________________ |
2336 |
|
2337 | (Chair or President, Board of Supervisors) |
2338 |
|
2339 | ____________________ County, Florida |
2340 | Section 59. Subsection (3) of section 348.243, Florida |
2341 | Statutes, is amended to read: |
2342 | 348.243 Purposes and powers.-- |
2343 | (3) Any provision in this part or any other provision of |
2344 | law to the contrary notwithstanding, the consent of any |
2345 | municipality is not necessary for any project of the authority, |
2346 | whether or not the project lies in whole or in part within the |
2347 | boundaries of the municipality. However, the officials and |
2348 | residents of any municipality in which any project of the |
2349 | authority is to be located, in whole or in part, shall be given |
2350 | ample opportunity to discuss the project and advise the |
2351 | authority as to their positions thereon at a duly advertised |
2352 | public hearing. Advertisement of the public hearing shall be |
2353 | published on a publicly accessible website maintained by the |
2354 | entity responsible for publication during the 2 weeks |
2355 | immediately preceding the public hearing or by way of a |
2356 | newspaper published in Broward County and circulated in the |
2357 | affected municipality. If advertised in the newspaper, the legal |
2358 | notice and display advertisement shall be published at least 2 |
2359 | weeks before the public hearing. Advertisement of the public |
2360 | hearing and shall contain the time and place of the public |
2361 | hearing and a short description of the subject to be discussed. |
2362 | The public hearing may be adjourned from time to time and set |
2363 | for a time and place certain without the necessity of further |
2364 | advertisement. In routing and locating any expressway or its |
2365 | interchanges in or through a municipality, the authority shall |
2366 | give due regard to the effect of such location on the |
2367 | municipality as a whole and shall not unreasonably split, |
2368 | divide, or otherwise separate areas of the municipality one from |
2369 | the other. |
2370 | Section 60. Subsection (4) of section 348.83, Florida |
2371 | Statutes, is amended to read: |
2372 | 348.83 Purposes and powers.-- |
2373 | (4) Anything in this part or any other provision of the |
2374 | law to the contrary notwithstanding, the consent of any |
2375 | municipality shall not be necessary for any project of the |
2376 | authority, whether or not the project lies within the boundaries |
2377 | of any municipality either in whole or in part. However, the |
2378 | officials and residents of any municipality in which any project |
2379 | of the authority is to be located in whole or in part shall be |
2380 | given ample opportunity to discuss the project and advise the |
2381 | authority as to their position thereon at a duly advertised |
2382 | public hearing. Advertisement of said public hearing shall be |
2383 | published on a publicly accessible website maintained by the |
2384 | entity responsible for publication during the 2 weeks |
2385 | immediately preceding the public hearing or by way of a |
2386 | newspaper published in Pasco County and circulated in the |
2387 | affected municipalities. If advertised in the newspaper, said |
2388 | legal advertisement shall be published once at least 2 weeks |
2389 | prior to the public hearing. Advertisement of the public hearing |
2390 | and shall contain the time and place of the public hearing and a |
2391 | short description of the subject to be discussed. The public |
2392 | hearing may be adjourned from time to time and set for a time |
2393 | and place certain without necessity of further advertisement. |
2394 | Section 61. Subsection (3) of section 348.943, Florida |
2395 | Statutes, is amended to read: |
2396 | 348.943 Purposes and powers.-- |
2397 | (3) Any provision in this part or any other provision of |
2398 | law to the contrary notwithstanding, the consent of any |
2399 | municipality is not necessary for any project of the authority, |
2400 | whether or not the project lies in whole or in part within the |
2401 | boundaries of the municipality. However, the officials and |
2402 | residents of any municipality in which any project of the |
2403 | authority is to be located, in whole or in part, shall be given |
2404 | ample opportunity to discuss the project and advise the |
2405 | authority as to their positions thereon at a duly advertised |
2406 | public hearing. Advertisement of the public hearing shall be |
2407 | published on a publicly accessible website maintained by the |
2408 | entity responsible for publication during the 2 weeks |
2409 | immediately preceding the public hearing or by way of a |
2410 | newspaper published in St. Lucie County and circulated in the |
2411 | affected municipality. If advertised in the newspaper, the legal |
2412 | notice and display advertisement shall be published at least 2 |
2413 | weeks before the public hearing. Advertisement of the public |
2414 | hearing and shall contain the time and place of the public |
2415 | hearing and a short description of the subject to be discussed. |
2416 | The public hearing may be adjourned from time to time and set |
2417 | for a time and place certain without the necessity of further |
2418 | advertisement. In routing and locating any expressway or its |
2419 | interchanges in or through a municipality, the authority shall |
2420 | give due regard to the effect of such location on the |
2421 | municipality as a whole and shall not unreasonably split, |
2422 | divide, or otherwise separate areas of the municipality one from |
2423 | the other. |
2424 | Section 62. Subsection (4) of section 348.953, Florida |
2425 | Statutes, is amended to read: |
2426 | 348.953 Purposes and powers.-- |
2427 | (4) Anything in this part or any other provision of the |
2428 | law to the contrary notwithstanding, the consent of any |
2429 | municipality shall not be necessary for any project of the |
2430 | authority, whether or not the project lies within the boundaries |
2431 | of any municipality, either in whole or in part. However, the |
2432 | officials and residents of any municipality in which any project |
2433 | of the authority is to be located, in whole or in part, shall be |
2434 | given ample opportunity to discuss the project and advise the |
2435 | authority as to their position thereon at a duly advertised |
2436 | public hearing. Advertisement of the public hearing shall be |
2437 | published on a publicly accessible website maintained by the |
2438 | entity responsible for publication during the 2 weeks |
2439 | immediately preceding the public hearing or by way of a |
2440 | newspaper published in Seminole County and circulated in the |
2441 | affected municipalities. If advertised in the newspaper, the |
2442 | legal advertisement shall be published once at least 2 weeks |
2443 | prior to the public hearing. Advertisement of the public hearing |
2444 | and shall contain the time and place of the public hearing and a |
2445 | short description of the subject to be discussed. The public |
2446 | hearing may be adjourned from time to time and set for a time |
2447 | and place certain without necessity of further advertisement. In |
2448 | routing and locating any expressway or its interchanges in or |
2449 | through a municipality, the authority shall give due regard to |
2450 | the effect of such location on the municipality as a whole and |
2451 | shall not unreasonably split, divide, or otherwise separate |
2452 | areas of the municipality one from the other. |
2453 | Section 63. Subsection (3) of section 348.968, Florida |
2454 | Statutes, is amended to read: |
2455 | 348.968 Purposes and powers.-- |
2456 | (3) Any provision in this part or any other provision of |
2457 | law to the contrary notwithstanding, the consent of any |
2458 | municipality is not necessary for any project of the authority, |
2459 | whether or not the project lies in whole or in part within the |
2460 | boundaries of the municipality. However, the officials and |
2461 | residents of any municipality in which any project of the |
2462 | authority is to be located, in whole or in part, shall be given |
2463 | ample opportunity to discuss the project and advise the |
2464 | authority as to their positions thereon at a duly advertised |
2465 | public hearing. Advertisement of the public hearing shall be |
2466 | published on a publicly accessible website maintained by the |
2467 | entity responsible for publication during the 2 weeks |
2468 | immediately preceding the public hearing or by way of a |
2469 | newspaper published in Santa Rosa County and circulated in the |
2470 | affected municipality. If advertised in the newspaper, the legal |
2471 | notice and display advertisement shall be published at least 2 |
2472 | weeks before the public hearing. Advertisement of the public |
2473 | hearing and shall contain the time and place of the public |
2474 | hearing and a short description of the subject to be discussed. |
2475 | The public hearing may be adjourned from time to time and set |
2476 | for a time and place certain without the necessity of further |
2477 | advertisement. In routing and locating any expressway or its |
2478 | interchanges in or through a municipality, the authority shall |
2479 | give due regard to the effect of such location on the |
2480 | municipality as a whole and shall not unreasonably split, |
2481 | divide, or otherwise separate areas of the municipality one from |
2482 | the other. |
2483 | Section 64. Paragraph (a) of subsection (2) of section |
2484 | 350.81, Florida Statutes, is amended to read: |
2485 | 350.81 Communications services offered by governmental |
2486 | entities.-- |
2487 | (2)(a) A governmental entity that proposes to provide a |
2488 | communications service shall hold no less than two public |
2489 | hearings, which shall be held not less than 30 days apart. At |
2490 | least 30 days before the first of the two public hearings, the |
2491 | governmental entity must give notice of the hearing in the |
2492 | predominant newspaper of general circulation in the area |
2493 | considered for service or by publication during the 30 days |
2494 | immediately preceding the first of the two public hearings on a |
2495 | publicly accessible website maintained by the entity responsible |
2496 | for such publication. At least 40 days before the first public |
2497 | hearing, the governmental entity must electronically provide |
2498 | notice to the Department of Revenue and the Public Service |
2499 | Commission, which shall post the notice on the department's and |
2500 | the commission's website to be available to the public. The |
2501 | Department of Revenue shall also send the notice by United |
2502 | States Postal Service to the known addresses for all dealers of |
2503 | communications services registered with the department under |
2504 | chapter 202 or provide an electronic notification, if the means |
2505 | are available, within 10 days after receiving the notice. The |
2506 | notice must include the time and place of the hearings and must |
2507 | state that the purpose of the hearings is to consider whether |
2508 | the governmental entity will provide communications services. |
2509 | The notice must include, at a minimum, the geographic areas |
2510 | proposed to be served by the governmental entity and the |
2511 | services, if any, which the governmental entity believes are not |
2512 | currently being adequately provided. The notice must also state |
2513 | that any dealer who wishes to do so may appear and be heard at |
2514 | the public hearings. |
2515 | Section 65. Paragraph (c) of subsection (8) of section |
2516 | 373.4592, Florida Statutes, is amended to read: |
2517 | 373.4592 Everglades improvement and management.-- |
2518 | (8) SPECIAL ASSESSMENTS.-- |
2519 | (c) The district shall publish notice of the certification |
2520 | of the non-ad valorem assessment roll pursuant to chapter 197 in |
2521 | a newspaper of general circulation in the counties wherein the |
2522 | assessment is being levied, within 1 week after the district |
2523 | certifies the non-ad valorem assessment roll to the tax |
2524 | collector pursuant to s. 197.3632(5), or on a publicly |
2525 | accessible website maintained by the district during the week |
2526 | after the district certifies the non-ad valorem assessment roll |
2527 | to the tax collector. The assessments levied pursuant to |
2528 | paragraph (a) shall be final and conclusive as to each lot or |
2529 | parcel unless the owner thereof shall, within 90 days of |
2530 | certification of the non-ad valorem assessment roll pursuant to |
2531 | s. 197.3632(5), commence an action in circuit court. Absent such |
2532 | commencement of an action within such period of time by an owner |
2533 | of a lot or parcel, such owner shall thereafter be estopped to |
2534 | raise any question related to the special benefit afforded the |
2535 | property or the reasonableness of the amount of the assessment. |
2536 | Except with respect to an owner who has commenced such an |
2537 | action, the non-ad valorem assessment roll as finally adopted |
2538 | and certified by the South Florida Water Management District to |
2539 | the tax collector pursuant to s. 197.3632(5) shall be competent |
2540 | and sufficient evidence that the assessments were duly levied |
2541 | and that all other proceedings adequate to the adoption of the |
2542 | non-ad valorem assessment roll were duly held, taken, and |
2543 | performed as required by s. 197.3632. If any assessment is |
2544 | abated in whole or in part by the court, the amount by which the |
2545 | assessment is so reduced may, by resolution of the governing |
2546 | board of the district, be payable from funds of the district |
2547 | legally available for that purpose, or at the discretion of the |
2548 | governing board of the district, assessments may be increased in |
2549 | the manner provided in s. 197.3632. |
2550 | Section 66. Paragraph (c) of subsection (2) of section |
2551 | 373.45924, Florida Statutes, is amended to read: |
2552 | 373.45924 South Florida Water Management District; |
2553 | Everglades truth in borrowing.-- |
2554 | (2) Whenever the South Florida Water Management District |
2555 | proposes to borrow or to otherwise finance with debt any fixed |
2556 | capital outlay projects or operating capital outlay for purposes |
2557 | pursuant to s. 373.4592, it shall develop the following |
2558 | documents to explain the issuance of a debt or obligation: |
2559 | (c) A truth-in-borrowing statement, developed from the |
2560 | information compiled pursuant to this section, in substantially |
2561 | the following form: |
2562 |
|
2563 | The South Florida Water Management District is proposing to |
2564 | incur $ (insert principal) of debt or obligation through |
2565 | borrowing for the purpose of (insert purpose) . This debt or |
2566 | obligation is expected to be repaid over a period of (insert |
2567 | term of issue from subparagraph (b)5.) years from the |
2568 | following sources: (list sources) . At a forecasted interest |
2569 | rate of (insert rate of interest from subparagraph (b)4.) , |
2570 | total interest paid over the life of the debt or obligation will |
2571 | be $ (insert sum of interest payments) . |
2572 |
|
2573 | The truth-in-borrowing statement shall be published as a notice |
2574 | in one or more newspapers having a combined general circulation |
2575 | in the counties having land in the district or on a publicly |
2576 | accessible website maintained by the district. If advertised in |
2577 | the newspaper, such notice must be at least 6 inches square in |
2578 | size and shall not be placed in that portion of the newspaper |
2579 | where legal notices and classified advertisements appear. |
2580 | Section 67. Paragraphs (a), (b), (c), and (d) of |
2581 | subsection (3) of section 373.536, Florida Statutes, are amended |
2582 | to read: |
2583 | 373.536 District budget and hearing thereon.-- |
2584 | (3) BUDGET HEARINGS AND WORKSHOPS; NOTICE.-- |
2585 | (a) Unless alternative notice requirements are otherwise |
2586 | provided by law, notice of all budget hearings conducted by the |
2587 | governing board or district staff must be published in a |
2588 | newspaper of general paid circulation in each county in which |
2589 | the district lies not less than 5 days nor more than 15 days |
2590 | before the hearing or published during the 15 days before the |
2591 | hearing on a publicly accessible website maintained by the |
2592 | district. |
2593 | (b) Budget workshops conducted for the public and not |
2594 | governed by s. 200.065 must be advertised in a newspaper of |
2595 | general paid circulation in the community or area in which the |
2596 | workshop will occur not less than 5 days nor more than 15 days |
2597 | before the workshop or advertised during the 15 days before the |
2598 | hearing on a publicly accessible website maintained by the |
2599 | district. |
2600 | (c) The tentative budget shall be adopted in accordance |
2601 | with the provisions of s. 200.065; however, if the mailing of |
2602 | the notice of proposed property taxes is delayed beyond |
2603 | September 3 in any county in which the district lies, the |
2604 | district shall advertise its intention to adopt a tentative |
2605 | budget and millage rate, pursuant to s. 200.065(3)(g), in a |
2606 | newspaper of general paid circulation in that county or on a |
2607 | publicly accessible website maintained by the district. |
2608 | (d) As provided in s. 200.065(2)(d), the board shall |
2609 | publish one or more notices of its intention to adopt a final |
2610 | budget for the district for the ensuing fiscal year. The notice |
2611 | shall appear adjacent to an advertisement that sets forth the |
2612 | tentative budget in a format meeting the budget summary |
2613 | requirements of s. 129.03(3)(b). The district shall not include |
2614 | expenditures of federal special revenues and state special |
2615 | revenues when preparing the statement required by s. |
2616 | 200.065(3)(l). The notice and advertisement shall be published |
2617 | in one or more newspapers having a combined general paid |
2618 | circulation in each county in which the district lies or on a |
2619 | publicly accessible website maintained by the district. |
2620 | Districts may include explanatory phrases and examples in budget |
2621 | advertisements published under s. 200.065 to clarify or |
2622 | illustrate the effect that the district budget may have on ad |
2623 | valorem taxes. |
2624 | Section 68. Paragraphs (a) and (b) of subsection (2) of |
2625 | section 376.80, Florida Statutes, are amended to read: |
2626 | 376.80 Brownfield program administration process.-- |
2627 | (2)(a) If a local government proposes to designate a |
2628 | brownfield area that is outside community redevelopment areas, |
2629 | enterprise zones, empowerment zones, closed military bases, or |
2630 | designated brownfield pilot project areas, the local government |
2631 | shall adopt the resolution and conduct the public hearings in |
2632 | accordance with the requirements of subsection (1), except at |
2633 | least one of the required public hearings shall be conducted as |
2634 | close as reasonably practicable to the area to be designated to |
2635 | provide an opportunity for public input on the size of the area, |
2636 | the objectives for rehabilitation, job opportunities and |
2637 | economic developments anticipated, neighborhood residents' |
2638 | considerations, and other relevant local concerns. Notice of the |
2639 | public hearing must be made in a newspaper of general |
2640 | circulation in the area or on a publicly accessible website |
2641 | maintained by the local government. and If advertised in the |
2642 | newspaper, the notice must be at least 16 square inches in size. |
2643 | Notice of the public hearing, must be in ethnic newspapers or |
2644 | local community bulletins, must be posted in the affected area, |
2645 | and must be announced at a scheduled meeting of the local |
2646 | governing body before the actual public hearing. In determining |
2647 | the areas to be designated, the local government must consider: |
2648 | 1. Whether the brownfield area warrants economic |
2649 | development and has a reasonable potential for such activities; |
2650 | 2. Whether the proposed area to be designated represents a |
2651 | reasonably focused approach and is not overly large in |
2652 | geographic coverage; |
2653 | 3. Whether the area has potential to interest the private |
2654 | sector in participating in rehabilitation; and |
2655 | 4. Whether the area contains sites or parts of sites |
2656 | suitable for limited recreational open space, cultural, or |
2657 | historical preservation purposes. |
2658 | (b) A local government shall designate a brownfield area |
2659 | under the provisions of this act provided that: |
2660 | 1. A person who owns or controls a potential brownfield |
2661 | site is requesting the designation and has agreed to |
2662 | rehabilitate and redevelop the brownfield site; |
2663 | 2. The rehabilitation and redevelopment of the proposed |
2664 | brownfield site will result in economic productivity of the |
2665 | area, along with the creation of at least 5 new permanent jobs |
2666 | at the brownfield site that are full-time equivalent positions |
2667 | not associated with the implementation of the brownfield site |
2668 | rehabilitation agreement and that are not associated with |
2669 | redevelopment project demolition or construction activities |
2670 | pursuant to the redevelopment of the proposed brownfield site or |
2671 | area. However, the job creation requirement shall not apply to |
2672 | the rehabilitation and redevelopment of a brownfield site that |
2673 | will provide affordable housing as defined in s. 420.0004 or the |
2674 | creation of recreational areas, conservation areas, or parks; |
2675 | 3. The redevelopment of the proposed brownfield site is |
2676 | consistent with the local comprehensive plan and is a |
2677 | permittable use under the applicable local land development |
2678 | regulations; |
2679 | 4. Notice of the proposed rehabilitation of the brownfield |
2680 | area has been provided to neighbors and nearby residents of the |
2681 | proposed area to be designated, and the person proposing the |
2682 | area for designation has afforded to those receiving notice the |
2683 | opportunity for comments and suggestions about rehabilitation. |
2684 | Notice pursuant to this subparagraph must be made on a publicly |
2685 | accessible website maintained by the entity responsible for |
2686 | publication or in a newspaper of general circulation in the |
2687 | area, at least 16 square inches in size, and the notice must be |
2688 | posted in the affected area; and |
2689 | 5. The person proposing the area for designation has |
2690 | provided reasonable assurance that he or she has sufficient |
2691 | financial resources to implement and complete the rehabilitation |
2692 | agreement and redevelopment of the brownfield site. |
2693 | Section 69. Subsection (3) of section 379.2425, Florida |
2694 | Statutes, is amended to read: |
2695 | 379.2425 Spearfishing; definition; limitations; penalty.-- |
2696 | (3) The Fish and Wildlife Conservation Commission shall |
2697 | have the power to establish restricted areas when it is |
2698 | determined that safety hazards exist or when needs are |
2699 | determined by biological findings. Restricted areas shall be |
2700 | established only after an investigation has been conducted and |
2701 | upon application by the governing body of the county or |
2702 | municipality in which the restricted areas are to be located and |
2703 | one publication in a local newspaper of general circulation in |
2704 | said county or municipality or on a publicly accessible website |
2705 | maintained by the entity responsible for publication, in |
2706 | addition to any other notice required by law. Prior to |
2707 | promulgation of regulations, the local governing body of the |
2708 | area affected shall agree to post and maintain notices in the |
2709 | area affected. |
2710 | Section 70. Paragraph (e) of subsection (25) of section |
2711 | 380.06, Florida Statutes, is amended to read: |
2712 | 380.06 Developments of regional impact.-- |
2713 | (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.-- |
2714 | (e) The local government shall schedule a public hearing |
2715 | within 60 days after receipt of the petition. The public hearing |
2716 | shall be advertised at least 30 days prior to the hearing. In |
2717 | addition to the public hearing notice by the local government, |
2718 | the petitioner, except when the petitioner is a local |
2719 | government, shall provide actual notice to each person owning |
2720 | land within the proposed areawide development plan at least 30 |
2721 | days prior to the hearing. If the petitioner is a local |
2722 | government, or local governments pursuant to an interlocal |
2723 | agreement, notice of the public hearing shall be provided by the |
2724 | publication of an advertisement on a publicly accessible website |
2725 | maintained by the entity responsible for publication or in a |
2726 | newspaper of general circulation that meets the requirements of |
2727 | this paragraph. The newspaper advertisement must be no less than |
2728 | one-quarter page in a standard size or tabloid size newspaper, |
2729 | and the headline in the newspaper advertisement must be in type |
2730 | no smaller than 18 point. The newspaper advertisement shall not |
2731 | be published in that portion of the newspaper where legal |
2732 | notices and classified advertisements appear. The advertisement |
2733 | must be published on a publicly accessible website maintained by |
2734 | the entity responsible for publication or in a newspaper of |
2735 | general paid circulation in the county and of general interest |
2736 | and readership in the community, not one of limited subject |
2737 | matter, pursuant to chapter 50. Whenever possible, the newspaper |
2738 | advertisement must appear in a newspaper that is published at |
2739 | least 5 days a week, unless the only newspaper in the community |
2740 | is published less than 5 days a week. The advertisement must be |
2741 | in substantially the form used to advertise amendments to |
2742 | comprehensive plans pursuant to s. 163.3184. The local |
2743 | government shall specifically notify in writing the regional |
2744 | planning agency and the state land planning agency at least 30 |
2745 | days prior to the public hearing. At the public hearing, all |
2746 | interested parties may testify and submit evidence regarding the |
2747 | petitioner's qualifications, the need for and benefits of an |
2748 | areawide development of regional impact, and such other issues |
2749 | relevant to a full consideration of the petition. If more than |
2750 | one local government has jurisdiction over the defined planning |
2751 | area in an areawide development plan, the local governments |
2752 | shall hold a joint public hearing. Such hearing shall address, |
2753 | at a minimum, the need to resolve conflicting ordinances or |
2754 | comprehensive plans, if any. The local government holding the |
2755 | joint hearing shall comply with the following additional |
2756 | requirements: |
2757 | 1. The notice of the hearing shall be published at least |
2758 | 60 days in advance of the hearing and shall specify where the |
2759 | petition may be reviewed. |
2760 | 2. The notice shall be given to the state land planning |
2761 | agency, to the applicable regional planning agency, and to such |
2762 | other persons as may have been designated by the state land |
2763 | planning agency as entitled to receive such notices. |
2764 | 3. A public hearing date shall be set by the appropriate |
2765 | local government at the next scheduled meeting. |
2766 | Section 71. Paragraph (a) of subsection (2) of section |
2767 | 403.973, Florida Statutes, is amended to read: |
2768 | 403.973 Expedited permitting; comprehensive plan |
2769 | amendments.-- |
2770 | (2) As used in this section, the term: |
2771 | (a) "Duly noticed" means publication on a publicly |
2772 | accessible website maintained by the municipality or county with |
2773 | jurisdiction or in a newspaper of general circulation in the |
2774 | municipality or county with jurisdiction. If published in the |
2775 | newspaper, the notice shall appear on at least 2 separate days, |
2776 | one of which shall be at least 7 days before the meeting. If |
2777 | published on a publicly accessible website, the notice shall |
2778 | appear during the 7 days immediately preceding the meeting. The |
2779 | newspaper notice shall state the date, time, and place of the |
2780 | meeting scheduled to discuss or enact the memorandum of |
2781 | agreement, and the places within the municipality or county |
2782 | where such proposed memorandum of agreement may be inspected by |
2783 | the public. The notice must be one-eighth of a page in size and |
2784 | must be published in a portion of the paper other than the legal |
2785 | notices section. The notice shall also advise that interested |
2786 | parties may appear at the meeting and be heard with respect to |
2787 | the memorandum of agreement. |
2788 | Section 72. Paragraph (b) of subsection (4) of section |
2789 | 420.9075, Florida Statutes, is amended to read: |
2790 | 420.9075 Local housing assistance plans; partnerships.-- |
2791 | (4) Each local housing assistance plan is governed by the |
2792 | following criteria and administrative procedures: |
2793 | (b) The county or eligible municipality or its |
2794 | administrative representative shall advertise the notice of |
2795 | funding availability in a newspaper of general circulation and |
2796 | periodicals serving ethnic and diverse neighborhoods, at least |
2797 | 30 days before the beginning of the application period or shall |
2798 | advertise the notice during the 30 days immediately preceding |
2799 | the application period on a publicly accessible website |
2800 | maintained by the county or eligible municipality. If no funding |
2801 | is available due to a waiting list, no notice of funding |
2802 | availability is required. |
2803 | Section 73. Paragraph (b) of subsection (4) of section |
2804 | 553.73, Florida Statutes, is amended to read: |
2805 | 553.73 Florida Building Code.-- |
2806 | (4) |
2807 | (b) Local governments may, subject to the limitations of |
2808 | this section, adopt amendments to the technical provisions of |
2809 | the Florida Building Code which apply solely within the |
2810 | jurisdiction of such government and which provide for more |
2811 | stringent requirements than those specified in the Florida |
2812 | Building Code, not more than once every 6 months. A local |
2813 | government may adopt technical amendments that address local |
2814 | needs if: |
2815 | 1. The local governing body determines, following a public |
2816 | hearing which has been advertised in a newspaper of general |
2817 | circulation at least 10 days before the hearing or advertised |
2818 | during the 10 days immediately preceding the hearing on a |
2819 | publicly accessible website maintained by the local government, |
2820 | that there is a need to strengthen the requirements of the |
2821 | Florida Building Code. The determination must be based upon a |
2822 | review of local conditions by the local governing body, which |
2823 | review demonstrates by evidence or data that the geographical |
2824 | jurisdiction governed by the local governing body exhibits a |
2825 | local need to strengthen the Florida Building Code beyond the |
2826 | needs or regional variation addressed by the Florida Building |
2827 | Code, that the local need is addressed by the proposed local |
2828 | amendment, and that the amendment is no more stringent than |
2829 | necessary to address the local need. |
2830 | 2. Such additional requirements are not discriminatory |
2831 | against materials, products, or construction techniques of |
2832 | demonstrated capabilities. |
2833 | 3. Such additional requirements may not introduce a new |
2834 | subject not addressed in the Florida Building Code. |
2835 | 4. The enforcing agency shall make readily available, in a |
2836 | usable format, all amendments adopted pursuant to this section. |
2837 | 5. Any amendment to the Florida Building Code shall be |
2838 | transmitted within 30 days by the adopting local government to |
2839 | the commission. The commission shall maintain copies of all such |
2840 | amendments in a format that is usable and obtainable by the |
2841 | public. Local technical amendments shall not become effective |
2842 | until 30 days after the amendment has been received and |
2843 | published by the commission. |
2844 | 6. Any amendment to the Florida Building Code adopted by a |
2845 | local government pursuant to this paragraph shall be effective |
2846 | only until the adoption by the commission of the new edition of |
2847 | the Florida Building Code every third year. At such time, the |
2848 | commission shall review such amendment for consistency with the |
2849 | criteria in paragraph (8)(a) and adopt such amendment as part of |
2850 | the Florida Building Code or rescind the amendment. The |
2851 | commission shall immediately notify the respective local |
2852 | government of the rescission of any amendment. After receiving |
2853 | such notice, the respective local government may readopt the |
2854 | rescinded amendment pursuant to the provisions of this |
2855 | paragraph. |
2856 | 7. Each county and municipality desiring to make local |
2857 | technical amendments to the Florida Building Code shall by |
2858 | interlocal agreement establish a countywide compliance review |
2859 | board to review any amendment to the Florida Building Code, |
2860 | adopted by a local government within the county pursuant to this |
2861 | paragraph, that is challenged by any substantially affected |
2862 | party for purposes of determining the amendment's compliance |
2863 | with this paragraph. If challenged, the local technical |
2864 | amendments shall not become effective until time for filing an |
2865 | appeal pursuant to subparagraph 8. has expired or, if there is |
2866 | an appeal, until the commission issues its final order |
2867 | determining the adopted amendment is in compliance with this |
2868 | subsection. |
2869 | 8. If the compliance review board determines such |
2870 | amendment is not in compliance with this paragraph, the |
2871 | compliance review board shall notify such local government of |
2872 | the noncompliance and that the amendment is invalid and |
2873 | unenforceable until the local government corrects the amendment |
2874 | to bring it into compliance. The local government may appeal the |
2875 | decision of the compliance review board to the commission. If |
2876 | the compliance review board determines such amendment to be in |
2877 | compliance with this paragraph, any substantially affected party |
2878 | may appeal such determination to the commission. Any such appeal |
2879 | shall be filed with the commission within 14 days of the board's |
2880 | written determination. The commission shall promptly refer the |
2881 | appeal to the Division of Administrative Hearings for the |
2882 | assignment of an administrative law judge. The administrative |
2883 | law judge shall conduct the required hearing within 30 days, and |
2884 | shall enter a recommended order within 30 days of the conclusion |
2885 | of such hearing. The commission shall enter a final order within |
2886 | 30 days thereafter. The provisions of chapter 120 and the |
2887 | uniform rules of procedure shall apply to such proceedings. The |
2888 | local government adopting the amendment that is subject to |
2889 | challenge has the burden of proving that the amendment complies |
2890 | with this paragraph in proceedings before the compliance review |
2891 | board and the commission, as applicable. Actions of the |
2892 | commission are subject to judicial review pursuant to s. 120.68. |
2893 | The compliance review board shall determine whether its |
2894 | decisions apply to a respective local jurisdiction or apply |
2895 | countywide. |
2896 | 9. An amendment adopted under this paragraph shall include |
2897 | a fiscal impact statement which documents the costs and benefits |
2898 | of the proposed amendment. Criteria for the fiscal impact |
2899 | statement shall include the impact to local government relative |
2900 | to enforcement, the impact to property and building owners, as |
2901 | well as to industry, relative to the cost of compliance. The |
2902 | fiscal impact statement may not be used as a basis for |
2903 | challenging the amendment for compliance. |
2904 | 10. In addition to subparagraphs 7. and 9., the commission |
2905 | may review any amendments adopted pursuant to this subsection |
2906 | and make nonbinding recommendations related to compliance of |
2907 | such amendments with this subsection. |
2908 | Section 74. Paragraph (a) of subsection (4) of section |
2909 | 633.025, Florida Statutes, is amended to read: |
2910 | 633.025 Minimum firesafety standards.-- |
2911 | (4) Such codes shall be minimum codes and a municipality, |
2912 | county, or special district with firesafety responsibilities may |
2913 | adopt more stringent firesafety standards, subject to the |
2914 | requirements of this subsection. Such county, municipality, or |
2915 | special district may establish alternative requirements to those |
2916 | requirements which are required under the minimum firesafety |
2917 | standards on a case-by-case basis, in order to meet special |
2918 | situations arising from historic, geographic, or unusual |
2919 | conditions, if the alternative requirements result in a level of |
2920 | protection to life, safety, or property equal to or greater than |
2921 | the applicable minimum firesafety standards. For the purpose of |
2922 | this subsection, the term "historic" means that the building or |
2923 | structure is listed on the National Register of Historic Places |
2924 | of the United States Department of the Interior. |
2925 | (a) The local governing body shall determine, following a |
2926 | public hearing which has been advertised in a newspaper of |
2927 | general circulation at least 10 days before the hearing or |
2928 | advertised during the 10 days immediately preceding the hearing |
2929 | on a publicly accessible website maintained by the local |
2930 | government, if there is a need to strengthen the requirements of |
2931 | the minimum firesafety code adopted by such governing body. The |
2932 | determination must be based upon a review of local conditions by |
2933 | the local governing body, which review demonstrates that local |
2934 | conditions justify more stringent requirements than those |
2935 | specified in the minimum firesafety code for the protection of |
2936 | life and property or justify requirements that meet special |
2937 | situations arising from historic, geographic, or unusual |
2938 | conditions. |
2939 |
|
2940 | This subsection gives local government the authority to |
2941 | establish firesafety codes that exceed the minimum firesafety |
2942 | codes and standards adopted by the State Fire Marshal. The |
2943 | Legislature intends that local government give proper public |
2944 | notice and hold public hearings before adopting more stringent |
2945 | firesafety codes and standards. A substantially affected person |
2946 | may appeal, to the department, the local government's resolution |
2947 | of the challenge, and the department shall determine if the |
2948 | amendment complies with this section. Actions of the department |
2949 | are subject to judicial review pursuant to s. 120.68. The |
2950 | department shall consider reports of the Florida Building |
2951 | Commission, pursuant to part IV of chapter 553, when evaluating |
2952 | building code enforcement. |
2953 | Section 75. Paragraph (b) of subsection (2) of section |
2954 | 705.103, Florida Statutes, is amended to read: |
2955 | 705.103 Procedure for abandoned or lost property.-- |
2956 | (2) Whenever a law enforcement officer ascertains that an |
2957 | article of lost or abandoned property is present on public |
2958 | property and is of such nature that it cannot be easily removed, |
2959 | the officer shall cause a notice to be placed upon such article |
2960 | in substantially the following form: |
2961 |
|
2962 | NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED |
2963 | PROPERTY. This property, to wit: (setting forth brief |
2964 | description) is unlawfully upon public property known as |
2965 | (setting forth brief description of location) and must be |
2966 | removed within 5 days; otherwise, it will be removed and |
2967 | disposed of pursuant to chapter 705, Florida Statutes. The owner |
2968 | will be liable for the costs of removal, storage, and |
2969 | publication of notice. Dated this: (setting forth the date of |
2970 | posting of notice) , signed: (setting forth name, title, |
2971 | address, and telephone number of law enforcement officer) . |
2972 |
|
2973 | Such notice shall be not less than 8 inches by 10 inches and |
2974 | shall be sufficiently weatherproof to withstand normal exposure |
2975 | to the elements. In addition to posting, the law enforcement |
2976 | officer shall make a reasonable effort to ascertain the name and |
2977 | address of the owner. If such is reasonably available to the |
2978 | officer, she or he shall mail a copy of such notice to the owner |
2979 | on or before the date of posting. If the property is a motor |
2980 | vehicle as defined in s. 320.01(1) or a vessel as defined in s. |
2981 | 327.02, the law enforcement agency shall contact the Department |
2982 | of Highway Safety and Motor Vehicles in order to determine the |
2983 | name and address of the owner and any person who has filed a |
2984 | lien on the vehicle or vessel as provided in s. 319.27(2) or (3) |
2985 | or s. 328.15(1). On receipt of this information, the law |
2986 | enforcement agency shall mail a copy of the notice by certified |
2987 | mail, return receipt requested, to the owner and to the |
2988 | lienholder, if any. If, at the end of 5 days after posting the |
2989 | notice and mailing such notice, if required, the owner or any |
2990 | person interested in the lost or abandoned article or articles |
2991 | described has not removed the article or articles from public |
2992 | property or shown reasonable cause for failure to do so, the |
2993 | following shall apply: |
2994 | (b) For lost property, the officer shall take custody and |
2995 | the agency shall retain custody of the property for 90 days. The |
2996 | agency shall publish notice of the intended disposition of the |
2997 | property, as provided in this section, during the first 45 days |
2998 | of this time period. |
2999 | 1. If the agency elects to retain the property for use by |
3000 | the unit of government, donate the property to a charitable |
3001 | organization, surrender such property to the finder, sell the |
3002 | property, or trade the property to another unit of local |
3003 | government or state agency, notice of such election shall be |
3004 | given by an advertisement published for 2 consecutive weeks on a |
3005 | publicly accessible website maintained by the entity responsible |
3006 | for publication or once a week for 2 consecutive weeks in a |
3007 | newspaper of general circulation in the county where the |
3008 | property was found if the value of the property is more than |
3009 | $100. If the value of the property is $100 or less, notice shall |
3010 | be given by posting a description of the property at the law |
3011 | enforcement agency where the property was turned in. The notice |
3012 | must be posted for not less than 2 consecutive weeks in a public |
3013 | place designated by the law enforcement agency. The notice must |
3014 | describe the property in a manner reasonably adequate to permit |
3015 | the rightful owner of the property to claim it. |
3016 | 2. If the agency elects to sell the property, it must do |
3017 | so at public sale by competitive bidding. Notice of the time and |
3018 | place of the sale shall be given by an advertisement of the sale |
3019 | published for the 4 consecutive weeks immediately preceding the |
3020 | sale on a publicly accessible website maintained by the entity |
3021 | responsible for publication or once a week for 2 consecutive |
3022 | weeks in a newspaper of general circulation in the county where |
3023 | the sale is to be held. The notice shall include a statement |
3024 | that the sale shall be subject to any and all liens. The sale |
3025 | must be held at the nearest suitable place to that where the |
3026 | lost or abandoned property is held or stored. The advertisement |
3027 | must include a description of the goods and the time and place |
3028 | of the sale. If advertised in the newspaper, the sale may take |
3029 | place no earlier than 10 days after the final publication. If |
3030 | there is no publicly accessible website maintained by the entity |
3031 | responsible for publication or newspaper of general circulation |
3032 | in the county where the sale is to be held, the advertisement |
3033 | shall be posted at the door of the courthouse and at three other |
3034 | public places in the county at least 10 days prior to sale. |
3035 | Notice of the agency's intended disposition shall describe the |
3036 | property in a manner reasonably adequate to permit the rightful |
3037 | owner of the property to identify it. |
3038 | Section 76. Subsection (2) of section 715.109, Florida |
3039 | Statutes, is amended to read: |
3040 | 715.109 Sale or disposition of abandoned property.-- |
3041 | (2) Notice of the time and place of the public sale shall |
3042 | be given by an advertisement of the sale published once a week |
3043 | for two consecutive weeks in a newspaper of general circulation |
3044 | where the sale is to be held or published during the 4 weeks |
3045 | immediately preceding the sale on a publicly accessible website |
3046 | maintained by the entity responsible for publication. The sale |
3047 | must be held at the nearest suitable place to that where the |
3048 | personal property is held or stored. The advertisement must |
3049 | include a description of the goods, the name of the former |
3050 | tenant, and the time and place of the sale. If advertised in the |
3051 | newspaper, the sale must take place at least 10 days after the |
3052 | first publication. If there is no newspaper of general |
3053 | circulation where the sale is to be held or no publicly |
3054 | accessible website maintained by the governing body responsible |
3055 | for publication, the advertisement must be posted at least 10 |
3056 | days before the sale in not less than six conspicuous places in |
3057 | the neighborhood of the proposed sale. The last publication |
3058 | shall be at least 5 days before the sale is to be held. Notice |
3059 | of sale may be published before the last of the dates specified |
3060 | for taking possession of the property in any notice given |
3061 | pursuant to s. 715.104. |
3062 | Section 77. For the purpose of incorporating the amendment |
3063 | made by this act to section 50.011, Florida Statutes, in |
3064 | references thereto, the following sections or subdivisions of |
3065 | Florida Statutes are reenacted to read: |
3066 | 193.122 Certificates of value adjustment board and |
3067 | property appraiser; extensions on the assessment rolls.-- |
3068 | (2) After the first certification of the tax rolls by the |
3069 | value adjustment board, the property appraiser shall make all |
3070 | required extensions on the rolls to show the tax attributable to |
3071 | all taxable property. Upon completion of these extensions, and |
3072 | upon satisfying himself or herself that all property is properly |
3073 | taxed, the property appraiser shall certify the tax rolls and |
3074 | shall within 1 week thereafter publish notice of the date and |
3075 | fact of extension and certification in a periodical meeting the |
3076 | requirements of s. 50.011 and publicly display a notice of the |
3077 | date of certification in the office of the property appraiser. |
3078 | The property appraiser shall also supply notice of the date of |
3079 | the certification to any taxpayer who requests one in writing. |
3080 | These certificates and notices shall be made in the form |
3081 | required by the department and shall be attached to each roll as |
3082 | required by the department by regulation. |
3083 | 316.066 Written reports of crashes.-- |
3084 | (5) |
3085 | (b) Crash reports held by an agency under paragraph (a) |
3086 | may be made immediately available to the parties involved in the |
3087 | crash, their legal representatives, their licensed insurance |
3088 | agents, their insurers or insurers to which they have applied |
3089 | for coverage, persons under contract with such insurers to |
3090 | provide claims or underwriting information, prosecutorial |
3091 | authorities, victim services programs, radio and television |
3092 | stations licensed by the Federal Communications Commission, |
3093 | newspapers qualified to publish legal notices under ss. 50.011 |
3094 | and 50.031, and free newspapers of general circulation, |
3095 | published once a week or more often, available and of interest |
3096 | to the public generally for the dissemination of news. For the |
3097 | purposes of this section, the following products or publications |
3098 | are not newspapers as referred to in this section: those |
3099 | intended primarily for members of a particular profession or |
3100 | occupational group; those with the primary purpose of |
3101 | distributing advertising; and those with the primary purpose of |
3102 | publishing names and other personal identifying information |
3103 | concerning parties to motor vehicle crashes. |
3104 | Section 78. For the purpose of incorporating the amendment |
3105 | made by this act to section 100.342, Florida Statutes, in |
3106 | references thereto, the following sections or subdivisions of |
3107 | Florida Statutes are reenacted to read: |
3108 | 100.211 Power to call bond referendum; notice |
3109 | required.--The board of county commissioners or the governing |
3110 | authority of any district or municipality may call a bond |
3111 | referendum under this code. In the event any referendum is |
3112 | called to decide whether a majority of the electors |
3113 | participating are in favor of the issuance of bonds in the |
3114 | county, district, or municipality, the board of county |
3115 | commissioners, or the governing authority of the municipality or |
3116 | district, shall by resolution order the bond referendum to be |
3117 | held in the county, district, or municipality and shall give |
3118 | notice of the election in the manner prescribed by s. 100.342. |
3119 | 125.82 Charter adoption by ordinance.-- |
3120 | (1) As a supplemental and alternative way to the |
3121 | provisions of ss. 125.60-125.64, inclusive, the board of county |
3122 | commissioners may propose by ordinance a charter consistent with |
3123 | the provisions of this part and provide for a special election |
3124 | pursuant to the procedures established in s. 101.161(1) with |
3125 | notice published as provided in s. 100.342. The time period |
3126 | provided in s. 125.64 does not apply to the proposal of a |
3127 | charter by ordinance under this section. |
3128 | (2) Any charter proposed under this section which was |
3129 | adopted by vote of the electors at an election conducted and |
3130 | noticed in conformance with the requirements of ss. 100.342 and |
3131 | 101.161(1) is hereby ratified. |
3132 | Section 79. For the purpose of incorporating the amendment |
3133 | made by this act to section 125.66, Florida Statutes, in |
3134 | references thereto, the following sections or subdivisions of |
3135 | Florida Statutes are reenacted to read: |
3136 | 125.56 Enforcement and amendment of the Florida Building |
3137 | Code and the Florida Fire Prevention Code; inspection fees; |
3138 | inspectors; etc.-- |
3139 | (1) The board of county commissioners of each of the |
3140 | several counties of the state is authorized to enforce the |
3141 | Florida Building Code and the Florida Fire Prevention Code, as |
3142 | provided in ss. 553.80, 633.022, and 633.025, and, at its |
3143 | discretion, to adopt local technical amendments to the Florida |
3144 | Building Code, pursuant to s. 553.73(4)(b) and (c) and local |
3145 | technical amendments to the Florida Fire Prevention Code, |
3146 | pursuant to s. 633.0215, to provide for the safe construction, |
3147 | erection, alteration, repair, securing, and demolition of any |
3148 | building within its territory outside the corporate limits of |
3149 | any municipality. Upon a determination to consider amending the |
3150 | Florida Building Code or the Florida Fire Prevention Code by a |
3151 | majority of the members of the board of county commissioners of |
3152 | such county, the board shall call a public hearing and comply |
3153 | with the public notice requirements of s. 125.66(2). The board |
3154 | shall hear all interested parties at the public hearing and may |
3155 | then amend the building code or the fire code consistent with |
3156 | the terms and purposes of this act. Upon adoption, an amendment |
3157 | to the code shall be in full force and effect throughout the |
3158 | unincorporated area of such county until otherwise notified by |
3159 | the Florida Building Commission pursuant to s. 553.73 or the |
3160 | State Fire Marshal pursuant to s. 633.0215. Nothing herein |
3161 | contained shall be construed to prevent the board of county |
3162 | commissioners from repealing such amendment to the building code |
3163 | or the fire code at any regular meeting of such board. |
3164 | 212.054 Discretionary sales surtax; limitations, |
3165 | administration, and collection.-- |
3166 | (6) The governing body of any county levying a |
3167 | discretionary sales surtax shall enact an ordinance levying the |
3168 | surtax in accordance with the procedures described in s. |
3169 | 125.66(2). |
3170 | 212.055 Discretionary sales surtaxes; legislative intent; |
3171 | authorization and use of proceeds.--It is the legislative intent |
3172 | that any authorization for imposition of a discretionary sales |
3173 | surtax shall be published in the Florida Statutes as a |
3174 | subsection of this section, irrespective of the duration of the |
3175 | levy. Each enactment shall specify the types of counties |
3176 | authorized to levy; the rate or rates which may be imposed; the |
3177 | maximum length of time the surtax may be imposed, if any; the |
3178 | procedure which must be followed to secure voter approval, if |
3179 | required; the purpose for which the proceeds may be expended; |
3180 | and such other requirements as the Legislature may provide. |
3181 | Taxable transactions and administrative procedures shall be as |
3182 | provided in s. 212.054. |
3183 | (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- |
3184 | (f)1. Notwithstanding paragraph (d), a county that has a |
3185 | population of 50,000 or less on April 1, 1992, or any county |
3186 | designated as an area of critical state concern on the effective |
3187 | date of this act, and that imposed the surtax before July 1, |
3188 | 1992, may use the proceeds and interest of the surtax for any |
3189 | public purpose if: |
3190 | a. The debt service obligations for any year are met; |
3191 | b. The county's comprehensive plan has been determined to |
3192 | be in compliance with part II of chapter 163; and |
3193 | c. The county has adopted an amendment to the surtax |
3194 | ordinance pursuant to the procedure provided in s. 125.66 |
3195 | authorizing additional uses of the surtax proceeds and interest. |
3196 | 2. A municipality located within a county that has a |
3197 | population of 50,000 or less on April 1, 1992, or within a |
3198 | county designated as an area of critical state concern on the |
3199 | effective date of this act, and that imposed the surtax before |
3200 | July 1, 1992, may not use the proceeds and interest of the |
3201 | surtax for any purpose other than an infrastructure purpose |
3202 | authorized in paragraph (d) unless the municipality's |
3203 | comprehensive plan has been determined to be in compliance with |
3204 | part II of chapter 163 and the municipality has adopted an |
3205 | amendment to its surtax ordinance or resolution pursuant to the |
3206 | procedure provided in s. 166.041 authorizing additional uses of |
3207 | the surtax proceeds and interest. Such municipality may expend |
3208 | the surtax proceeds and interest for any public purpose |
3209 | authorized in the amendment. |
3210 | 3. Those counties designated as an area of critical state |
3211 | concern which qualify to use the surtax for any public purpose |
3212 | may use only up to 10 percent of the surtax proceeds for any |
3213 | public purpose other than for infrastructure purposes authorized |
3214 | by this section. A county that was designated as an area of |
3215 | critical state concern for at least 20 consecutive years prior |
3216 | to removal of the designation, and that qualified to use the |
3217 | surtax for any public purpose at the time of the removal of the |
3218 | designation, may continue to use up to 10 percent of the surtax |
3219 | proceeds for any public purpose other than for infrastructure |
3220 | purposes for 20 years following removal of the designation, |
3221 | notwithstanding subparagraph (a)2. After expiration of the 20- |
3222 | year period, a county may continue to use up to 10 percent of |
3223 | the surtax proceeds for any public purpose other than for |
3224 | infrastructure if the county adopts an ordinance providing for |
3225 | such continued use of the surtax proceeds. |
3226 | Section 80. For the purpose of incorporating the amendment |
3227 | made by this act to sections 125.66 and 166.041, Florida |
3228 | Statutes, in references thereto, the following sections or |
3229 | subdivisions of Florida Statutes are reenacted to read: |
3230 | 163.3164 Local Government Comprehensive Planning and Land |
3231 | Development Regulation Act; definitions.--As used in this act: |
3232 | (18) "Public notice" means notice as required by s. |
3233 | 125.66(2) for a county or by s. 166.041(3)(a) for a |
3234 | municipality. The public notice procedures required in this part |
3235 | are established as minimum public notice procedures. |
3236 | 163.346 Notice to taxing authorities.--Before the |
3237 | governing body adopts any resolution or enacts any ordinance |
3238 | required under s. 163.355, s. 163.356, s. 163.357, or s. |
3239 | 163.387; creates a community redevelopment agency; approves, |
3240 | adopts, or amends a community redevelopment plan; or issues |
3241 | redevelopment revenue bonds under s. 163.385, the governing body |
3242 | must provide public notice of such proposed action pursuant to |
3243 | s. 125.66(2) or s. 166.041(3)(a) and, at least 15 days before |
3244 | such proposed action, mail by registered mail a notice to each |
3245 | taxing authority which levies ad valorem taxes on taxable real |
3246 | property contained within the geographic boundaries of the |
3247 | redevelopment area. |
3248 | 376.80 Brownfield program administration process.-- |
3249 | (1) A local government with jurisdiction over the |
3250 | brownfield area must notify the department of its decision to |
3251 | designate a brownfield area for rehabilitation for the purposes |
3252 | of ss. 376.77-376.86. The notification must include a |
3253 | resolution, by the local government body, to which is attached a |
3254 | map adequate to clearly delineate exactly which parcels are to |
3255 | be included in the brownfield area or alternatively a less- |
3256 | detailed map accompanied by a detailed legal description of the |
3257 | brownfield area. If a property owner within the area proposed |
3258 | for designation by the local government requests in writing to |
3259 | have his or her property removed from the proposed designation, |
3260 | the local government shall grant the request. For |
3261 | municipalities, the governing body shall adopt the resolution in |
3262 | accordance with the procedures outlined in s. 166.041, except |
3263 | that the notice for the public hearings on the proposed |
3264 | resolution must be in the form established in s. 166.041(3)(c)2. |
3265 | For counties, the governing body shall adopt the resolution in |
3266 | accordance with the procedures outlined in s. 125.66, except |
3267 | that the notice for the public hearings on the proposed |
3268 | resolution shall be in the form established in s. 125.66(4)(b)2. |
3269 | Section 81. For the purpose of incorporating the amendment |
3270 | made by this act to section 129.03, Florida Statutes, in a |
3271 | reference thereto, paragraph (l) of subsection (3) of section |
3272 | 200.065, Florida Statutes, is reenacted to read: |
3273 | 200.065 Method of fixing millage.-- |
3274 | (3) The advertisement shall be no less than one-quarter |
3275 | page in size of a standard size or a tabloid size newspaper, and |
3276 | the headline in the advertisement shall be in a type no smaller |
3277 | than 18 point. The advertisement shall not be placed in that |
3278 | portion of the newspaper where legal notices and classified |
3279 | advertisements appear. The advertisement shall be published in a |
3280 | newspaper of general paid circulation in the county or in a |
3281 | geographically limited insert of such newspaper. The geographic |
3282 | boundaries in which such insert is circulated shall include the |
3283 | geographic boundaries of the taxing authority. It is the |
3284 | legislative intent that, whenever possible, the advertisement |
3285 | appear in a newspaper that is published at least 5 days a week |
3286 | unless the only newspaper in the county is published less than 5 |
3287 | days a week, or that the advertisement appear in a |
3288 | geographically limited insert of such newspaper which insert is |
3289 | published throughout the taxing authority's jurisdiction at |
3290 | least twice each week. It is further the legislative intent that |
3291 | the newspaper selected be one of general interest and readership |
3292 | in the community and not one of limited subject matter, pursuant |
3293 | to chapter 50. |
3294 | (l) Any advertisement required pursuant to this section |
3295 | shall be accompanied by an adjacent notice meeting the budget |
3296 | summary requirements of s. 129.03(3)(b). Except for those taxing |
3297 | authorities proposing to levy ad valorem taxes for the first |
3298 | time, the following statement shall appear in the budget summary |
3299 | in boldfaced type immediately following the heading, if the |
3300 | applicable percentage is greater than zero: |
3301 |
|
3302 | THE PROPOSED OPERATING BUDGET EXPENDITURES OF (name of |
3303 | taxing authority) ARE (percent rounded to one decimal place) |
3304 | MORE THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES. |
3305 |
|
3306 | For purposes of this paragraph, "proposed operating budget |
3307 | expenditures" or "operating expenditures" means all moneys of |
3308 | the local government, including dependent special districts, |
3309 | that: |
3310 | 1. Were or could be expended during the applicable fiscal |
3311 | year, or |
3312 | 2. Were or could be retained as a balance for future |
3313 | spending in the fiscal year. |
3314 |
|
3315 | Provided, however, those moneys held in or used in trust, |
3316 | agency, or internal service funds, and expenditures of bond |
3317 | proceeds for capital outlay or for advanced refunded debt |
3318 | principal, shall be excluded. |
3319 | Section 82. For the purpose of incorporating the amendment |
3320 | made by this act to section 129.06, Florida Statutes, in a |
3321 | reference thereto, subsection (4) of section 30.50, Florida |
3322 | Statutes, is reenacted to read: |
3323 | 30.50 Payment of salaries and expenses.-- |
3324 | (4) The sheriff shall keep necessary budget accounts and |
3325 | records, and shall charge all paid bills and payrolls to the |
3326 | proper budget accounts. The reserve for contingencies, or any |
3327 | part thereof, may be transferred to any of the budget |
3328 | appropriations, in the discretion of the sheriff. With the |
3329 | approval of the board of county commissioners, or of the budget |
3330 | commission if there is a budget commission in the county, the |
3331 | budget may be amended as provided for county budgets in s. |
3332 | 129.06(2). |
3333 | Section 83. For the purpose of incorporating the amendment |
3334 | made by this act to section 163.3184, Florida Statutes, in |
3335 | references thereto, the following sections or subdivisions of |
3336 | Florida Statutes are reenacted to read: |
3337 | 163.3246 Local government comprehensive planning |
3338 | certification program.-- |
3339 | (9)(a) Upon certification all comprehensive plan |
3340 | amendments associated with the area certified must be adopted |
3341 | and reviewed in the manner described in ss. 163.3184(1), (2), |
3342 | (7), (14), (15), and (16) and 163.3187, such that state and |
3343 | regional agency review is eliminated. The department may not |
3344 | issue any objections, recommendations, and comments report on |
3345 | proposed plan amendments or a notice of intent on adopted plan |
3346 | amendments; however, affected persons, as defined by s. |
3347 | 163.3184(1)(a), may file a petition for administrative review |
3348 | pursuant to the requirements of s. 163.3187(3)(a) to challenge |
3349 | the compliance of an adopted plan amendment. |
3350 | 163.32465 State review of local comprehensive plans in |
3351 | urban areas.-- |
3352 | (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT |
3353 | PROGRAM.-- |
3354 | (h) Parties to a proceeding under this section may enter |
3355 | into compliance agreements using the process in s. 163.3184(16). |
3356 | Any remedial amendment adopted pursuant to a settlement |
3357 | agreement shall be provided to the agencies and governments |
3358 | listed in paragraph (4)(a). |
3359 | 288.975 Military base reuse plans.-- |
3360 | (10) Within 60 days after receipt of a proposed military |
3361 | base reuse plan, these entities shall review and provide |
3362 | comments to the host local government. The commencement of this |
3363 | review period shall be advertised in newspapers of general |
3364 | circulation within the host local government and any affected |
3365 | local government to allow for public comment. No later than 180 |
3366 | days after receipt and consideration of all comments, and the |
3367 | holding of at least two public hearings, the host local |
3368 | government shall adopt the military base reuse plan. The host |
3369 | local government shall comply with the notice requirements set |
3370 | forth in s. 163.3184(15) to ensure full public participation in |
3371 | this planning process. |
3372 | (12) Following receipt of a petition, the petitioning |
3373 | party or parties and the host local government shall seek |
3374 | resolution of the issues in dispute. The issues in dispute shall |
3375 | be resolved as follows: |
3376 | (d) Within 45 days after receiving the report from the |
3377 | state land planning agency, the Administration Commission shall |
3378 | take action to resolve the issues in dispute. In deciding upon a |
3379 | proper resolution, the Administration Commission shall consider |
3380 | the nature of the issues in dispute, any requests for a formal |
3381 | administrative hearing pursuant to chapter 120, the compliance |
3382 | of the parties with this section, the extent of the conflict |
3383 | between the parties, the comparative hardships and the public |
3384 | interest involved. If the Administration Commission incorporates |
3385 | in its final order a term or condition that requires any local |
3386 | government to amend its local government comprehensive plan, the |
3387 | local government shall amend its plan within 60 days after the |
3388 | issuance of the order. Such amendment or amendments shall be |
3389 | exempt from the limitation of the frequency of plan amendments |
3390 | contained in s. 163.3187(1), and a public hearing on such |
3391 | amendment or amendments pursuant to s. 163.3184(15)(b)1. shall |
3392 | not be required. The final order of the Administration |
3393 | Commission is subject to appeal pursuant to s. 120.68. If the |
3394 | order of the Administration Commission is appealed, the time for |
3395 | the local government to amend its plan shall be tolled during |
3396 | the pendency of any local, state, or federal administrative or |
3397 | judicial proceeding relating to the military base reuse plan. |
3398 | 420.5095 Community Workforce Housing Innovation Pilot |
3399 | Program.-- |
3400 | (9) Notwithstanding s. 163.3184(3)-(6), any local |
3401 | government comprehensive plan amendment to implement a Community |
3402 | Workforce Housing Innovation Pilot Program project found |
3403 | consistent with the provisions of this section shall be |
3404 | expedited as provided in this subsection. At least 30 days prior |
3405 | to adopting a plan amendment under this subsection, the local |
3406 | government shall notify the state land planning agency of its |
3407 | intent to adopt such an amendment, and the notice shall include |
3408 | its evaluation related to site suitability and availability of |
3409 | facilities and services. The public notice of the hearing |
3410 | required by s. 163.3184(15)(b)2. shall include a statement that |
3411 | the local government intends to use the expedited adoption |
3412 | process authorized by this subsection. Such amendments shall |
3413 | require only a single public hearing before the governing board, |
3414 | which shall be an adoption hearing as described in s. |
3415 | 163.3184(7). The state land planning agency shall issue its |
3416 | notice of intent pursuant to s. 163.3184(8) within 30 days after |
3417 | determining that the amendment package is complete. Any further |
3418 | proceedings shall be governed by ss. 163.3184(9)-(16). |
3419 | Amendments proposed under this section are not subject to s. |
3420 | 163.3187(1), which limits the adoption of a comprehensive plan |
3421 | amendment to no more than two times during any calendar year. |
3422 | 1013.30 University campus master plans and campus |
3423 | development agreements.-- |
3424 | (6) Before a campus master plan is adopted, a copy of the |
3425 | draft master plan must be sent for review or made available |
3426 | electronically to the host and any affected local governments, |
3427 | the state land planning agency, the Department of Environmental |
3428 | Protection, the Department of Transportation, the Department of |
3429 | State, the Fish and Wildlife Conservation Commission, and the |
3430 | applicable water management district and regional planning |
3431 | council. At the request of a governmental entity, a hard copy of |
3432 | the draft master plan shall be submitted within 7 business days |
3433 | of an electronic copy being made available. These agencies must |
3434 | be given 90 days after receipt of the campus master plans in |
3435 | which to conduct their review and provide comments to the |
3436 | university board of trustees. The commencement of this review |
3437 | period must be advertised in newspapers of general circulation |
3438 | within the host local government and any affected local |
3439 | government to allow for public comment. Following receipt and |
3440 | consideration of all comments and the holding of an informal |
3441 | information session and at least two public hearings within the |
3442 | host jurisdiction, the university board of trustees shall adopt |
3443 | the campus master plan. It is the intent of the Legislature that |
3444 | the university board of trustees comply with the notice |
3445 | requirements set forth in s. 163.3184(15) to ensure full public |
3446 | participation in this planning process. The informal public |
3447 | information session must be held before the first public |
3448 | hearing. The first public hearing shall be held before the draft |
3449 | master plan is sent to the agencies specified in this |
3450 | subsection. The second public hearing shall be held in |
3451 | conjunction with the adoption of the draft master plan by the |
3452 | university board of trustees. Campus master plans developed |
3453 | under this section are not rules and are not subject to chapter |
3454 | 120 except as otherwise provided in this section. |
3455 | Section 84. For the purpose of incorporating the amendment |
3456 | made by this act to section 166.041, Florida Statutes, in |
3457 | references thereto, the following sections or subdivisions of |
3458 | Florida Statutes are reenacted to read: |
3459 | 121.0511 Revocation of election and alternative plan.--The |
3460 | governing body of any municipality or independent special |
3461 | district that has elected to participate in the Florida |
3462 | Retirement System may revoke its election in accordance with the |
3463 | following procedure: |
3464 | (1) No more than 30 days and at least 7 days before |
3465 | adopting a resolution to revoke the election, in order to |
3466 | establish an alternative retirement plan, a public hearing must |
3467 | be held on the proposed revocation and proposed alternative |
3468 | plan. Notice of this hearing must be given in accordance with |
3469 | the procedures specified in s. 166.041. |
3470 | 163.3164 Local Government Comprehensive Planning and Land |
3471 | Development Regulation Act; definitions.--As used in this act: |
3472 | (18) "Public notice" means notice as required by s. |
3473 | 125.66(2) for a county or by s. 166.041(3)(a) for a |
3474 | municipality. The public notice procedures required in this part |
3475 | are established as minimum public notice procedures. |
3476 | 163.3187 Amendment of adopted comprehensive plan.-- |
3477 | (1) Amendments to comprehensive plans adopted pursuant to |
3478 | this part may be made not more than two times during any |
3479 | calendar year, except: |
3480 | (c) Any local government comprehensive plan amendments |
3481 | directly related to proposed small scale development activities |
3482 | may be approved without regard to statutory limits on the |
3483 | frequency of consideration of amendments to the local |
3484 | comprehensive plan. A small scale development amendment may be |
3485 | adopted only under the following conditions: |
3486 | 1. The proposed amendment involves a use of 10 acres or |
3487 | fewer and: |
3488 | a. The cumulative annual effect of the acreage for all |
3489 | small scale development amendments adopted by the local |
3490 | government shall not exceed: |
3491 | (I) A maximum of 120 acres in a local government that |
3492 | contains areas specifically designated in the local |
3493 | comprehensive plan for urban infill, urban redevelopment, or |
3494 | downtown revitalization as defined in s. 163.3164, urban infill |
3495 | and redevelopment areas designated under s. 163.2517, |
3496 | transportation concurrency exception areas approved pursuant to |
3497 | s. 163.3180(5), or regional activity centers and urban central |
3498 | business districts approved pursuant to s. 380.06(2)(e); |
3499 | however, amendments under this paragraph may be applied to no |
3500 | more than 60 acres annually of property outside the designated |
3501 | areas listed in this sub-sub-subparagraph. Amendments adopted |
3502 | pursuant to paragraph (k) shall not be counted toward the |
3503 | acreage limitations for small scale amendments under this |
3504 | paragraph. |
3505 | (II) A maximum of 80 acres in a local government that does |
3506 | not contain any of the designated areas set forth in sub-sub- |
3507 | subparagraph (I). |
3508 | (III) A maximum of 120 acres in a county established |
3509 | pursuant to s. 9, Art. VIII of the State Constitution. |
3510 | b. The proposed amendment does not involve the same |
3511 | property granted a change within the prior 12 months. |
3512 | c. The proposed amendment does not involve the same |
3513 | owner's property within 200 feet of property granted a change |
3514 | within the prior 12 months. |
3515 | d. The proposed amendment does not involve a text change |
3516 | to the goals, policies, and objectives of the local government's |
3517 | comprehensive plan, but only proposes a land use change to the |
3518 | future land use map for a site-specific small scale development |
3519 | activity. |
3520 | e. The property that is the subject of the proposed |
3521 | amendment is not located within an area of critical state |
3522 | concern, unless the project subject to the proposed amendment |
3523 | involves the construction of affordable housing units meeting |
3524 | the criteria of s. 420.0004(3), and is located within an area of |
3525 | critical state concern designated by s. 380.0552 or by the |
3526 | Administration Commission pursuant to s. 380.05(1). Such |
3527 | amendment is not subject to the density limitations of sub- |
3528 | subparagraph f., and shall be reviewed by the state land |
3529 | planning agency for consistency with the principles for guiding |
3530 | development applicable to the area of critical state concern |
3531 | where the amendment is located and shall not become effective |
3532 | until a final order is issued under s. 380.05(6). |
3533 | f. If the proposed amendment involves a residential land |
3534 | use, the residential land use has a density of 10 units or less |
3535 | per acre or the proposed future land use category allows a |
3536 | maximum residential density of the same or less than the maximum |
3537 | residential density allowable under the existing future land use |
3538 | category, except that this limitation does not apply to small |
3539 | scale amendments involving the construction of affordable |
3540 | housing units meeting the criteria of s. 420.0004(3) on property |
3541 | which will be the subject of a land use restriction agreement, |
3542 | or small scale amendments described in sub-sub-subparagraph |
3543 | a.(I) that are designated in the local comprehensive plan for |
3544 | urban infill, urban redevelopment, or downtown revitalization as |
3545 | defined in s. 163.3164, urban infill and redevelopment areas |
3546 | designated under s. 163.2517, transportation concurrency |
3547 | exception areas approved pursuant to s. 163.3180(5), or regional |
3548 | activity centers and urban central business districts approved |
3549 | pursuant to s. 380.06(2)(e). |
3550 | 2.a. A local government that proposes to consider a plan |
3551 | amendment pursuant to this paragraph is not required to comply |
3552 | with the procedures and public notice requirements of s. |
3553 | 163.3184(15)(c) for such plan amendments if the local government |
3554 | complies with the provisions in s. 125.66(4)(a) for a county or |
3555 | in s. 166.041(3)(c) for a municipality. If a request for a plan |
3556 | amendment under this paragraph is initiated by other than the |
3557 | local government, public notice is required. |
3558 | b. The local government shall send copies of the notice |
3559 | and amendment to the state land planning agency, the regional |
3560 | planning council, and any other person or entity requesting a |
3561 | copy. This information shall also include a statement |
3562 | identifying any property subject to the amendment that is |
3563 | located within a coastal high-hazard area as identified in the |
3564 | local comprehensive plan. |
3565 | 3. Small scale development amendments adopted pursuant to |
3566 | this paragraph require only one public hearing before the |
3567 | governing board, which shall be an adoption hearing as described |
3568 | in s. 163.3184(7), and are not subject to the requirements of s. |
3569 | 163.3184(3)-(6) unless the local government elects to have them |
3570 | subject to those requirements. |
3571 | 4. If the small scale development amendment involves a |
3572 | site within an area that is designated by the Governor as a |
3573 | rural area of critical economic concern under s. 288.0656(7) for |
3574 | the duration of such designation, the 10-acre limit listed in |
3575 | subparagraph 1. shall be increased by 100 percent to 20 acres. |
3576 | The local government approving the small scale plan amendment |
3577 | shall certify to the Office of Tourism, Trade, and Economic |
3578 | Development that the plan amendment furthers the economic |
3579 | objectives set forth in the executive order issued under s. |
3580 | 288.0656(7), and the property subject to the plan amendment |
3581 | shall undergo public review to ensure that all concurrency |
3582 | requirements and federal, state, and local environmental permit |
3583 | requirements are met. |
3584 | 163.346 Notice to taxing authorities.--Before the |
3585 | governing body adopts any resolution or enacts any ordinance |
3586 | required under s. 163.355, s. 163.356, s. 163.357, or s. |
3587 | 163.387; creates a community redevelopment agency; approves, |
3588 | adopts, or amends a community redevelopment plan; or issues |
3589 | redevelopment revenue bonds under s. 163.385, the governing body |
3590 | must provide public notice of such proposed action pursuant to |
3591 | s. 125.66(2) or s. 166.041(3)(a) and, at least 15 days before |
3592 | such proposed action, mail by registered mail a notice to each |
3593 | taxing authority which levies ad valorem taxes on taxable real |
3594 | property contained within the geographic boundaries of the |
3595 | redevelopment area. |
3596 | 376.80 Brownfield program administration process.-- |
3597 | (1) A local government with jurisdiction over the |
3598 | brownfield area must notify the department of its decision to |
3599 | designate a brownfield area for rehabilitation for the purposes |
3600 | of ss. 376.77-376.86. The notification must include a |
3601 | resolution, by the local government body, to which is attached a |
3602 | map adequate to clearly delineate exactly which parcels are to |
3603 | be included in the brownfield area or alternatively a less- |
3604 | detailed map accompanied by a detailed legal description of the |
3605 | brownfield area. If a property owner within the area proposed |
3606 | for designation by the local government requests in writing to |
3607 | have his or her property removed from the proposed designation, |
3608 | the local government shall grant the request. For |
3609 | municipalities, the governing body shall adopt the resolution in |
3610 | accordance with the procedures outlined in s. 166.041, except |
3611 | that the notice for the public hearings on the proposed |
3612 | resolution must be in the form established in s. 166.041(3)(c)2. |
3613 | For counties, the governing body shall adopt the resolution in |
3614 | accordance with the procedures outlined in s. 125.66, except |
3615 | that the notice for the public hearings on the proposed |
3616 | resolution shall be in the form established in s. 125.66(4)(b)2. |
3617 | Section 85. For the purpose of incorporating the amendment |
3618 | made by this act to section 170.07, Florida Statutes, in a |
3619 | reference thereto, section 170.08, Florida Statutes, is |
3620 | reenacted to read: |
3621 | 170.08 Final consideration of special assessments; |
3622 | equalizing board to hear complaints and adjust assessments; |
3623 | rebate of difference in cost and assessment.--At the time and |
3624 | place named in the notice provided for in s. 170.07, the |
3625 | governing authority of the municipality shall meet and hear |
3626 | testimony from affected property owners as to the propriety and |
3627 | advisability of making the improvements and funding them with |
3628 | special assessments on property. Following the testimony, the |
3629 | governing authority of the municipality shall make a final |
3630 | decision on whether to levy the special assessments. Thereafter, |
3631 | the governing authority shall meet as an equalizing board to |
3632 | hear and consider any and all complaints as to the special |
3633 | assessments and shall adjust and equalize the assessments on a |
3634 | basis of justice and right. When so equalized and approved by |
3635 | resolution or ordinance of the governing authority, a final |
3636 | assessment roll shall be filed with the governing authority of |
3637 | the municipality, and such assessments shall stand confirmed and |
3638 | remain legal, valid, and binding first liens upon the property |
3639 | against which such assessments are made until paid; however, |
3640 | upon completion of the improvement, the municipality shall |
3641 | credit to each of the assessments the difference in the |
3642 | assessment as originally made, approved, and confirmed and the |
3643 | proportionate part of the actual cost of the improvement to be |
3644 | paid by special assessments as finally determined upon the |
3645 | completion of the improvement, but in no event shall the final |
3646 | assessments exceed the amount of benefits originally assessed. |
3647 | Promptly after such confirmation, the assessments shall be |
3648 | recorded by the city clerk in a special book, to be known as the |
3649 | "Improvement Lien Book," and the record of the lien in this book |
3650 | shall constitute prima facie evidence of its validity. The |
3651 | governing authority of the municipality may by resolution grant |
3652 | a discount equal to all or a part of the payee's proportionate |
3653 | share of the cost of the project consisting of bond financing |
3654 | costs, such as capitalized interest, funded reserves, and bond |
3655 | discount included in the estimated cost of the project, upon |
3656 | payment in full of any assessment during such period prior to |
3657 | the time such financing costs are incurred as may be specified |
3658 | by the governing authority. |
3659 | Section 86. For the purpose of incorporating the amendment |
3660 | made by this act to section 189.4044, Florida Statutes, in a |
3661 | reference thereto, subsection (2) of section 189.4042, Florida |
3662 | Statutes, is reenacted to read: |
3663 | 189.4042 Merger and dissolution procedures.-- |
3664 | (2) The merger or dissolution of an independent special |
3665 | district or a dependent district created and operating pursuant |
3666 | to a special act may only be effectuated by the Legislature |
3667 | unless otherwise provided by general law. If an inactive |
3668 | independent district was created by a county or municipality |
3669 | through a referendum, the county or municipality that created |
3670 | the district may dissolve the district after publishing notice |
3671 | as described in s. 189.4044. If an independent district was |
3672 | created by a county or municipality by referendum or any other |
3673 | procedure, the county or municipality that created the district |
3674 | may merge or dissolve the district pursuant to the same |
3675 | procedure by which the independent district was created. |
3676 | However, for any independent district that has ad valorem |
3677 | taxation powers, the same procedure required to grant such |
3678 | independent district ad valorem taxation powers shall also be |
3679 | required to dissolve or merge the district. |
3680 | Section 87. For the purpose of incorporating the amendment |
3681 | made by this act to section 189.417, Florida Statutes, in a |
3682 | reference thereto, paragraph (d) of subsection (2) of section |
3683 | 189.404, Florida Statutes, is reenacted to read: |
3684 | 189.404 Legislative intent for the creation of independent |
3685 | special districts; special act prohibitions; model elements and |
3686 | other requirements; general-purpose local government/Governor |
3687 | and Cabinet creation authorizations.-- |
3688 | (2) SPECIAL ACTS PROHIBITED.--Pursuant to s. 11(a)(21), |
3689 | Art. III of the State Constitution, the Legislature hereby |
3690 | prohibits special laws or general laws of local application |
3691 | which: |
3692 | (d) Exempt an independent special district from the |
3693 | reporting, notice, or public meetings requirements of s. |
3694 | 189.4085, s. 189.415, s. 189.417, or s. 189.418; |
3695 | Section 88. For the purpose of incorporating the amendment |
3696 | made by this act to sections 194.037 and 200.065, Florida |
3697 | Statutes, in references thereto, section 200.068, Florida |
3698 | Statutes, is reenacted to read: |
3699 | 200.068 Certification of compliance with this |
3700 | chapter.--Not later than 30 days following adoption of an |
3701 | ordinance or resolution establishing a property tax levy, each |
3702 | taxing authority shall certify compliance with the provisions of |
3703 | this chapter to the Department of Revenue. In addition to a |
3704 | statement of compliance, such certification shall include a copy |
3705 | of the ordinance or resolution so adopted; a copy of the |
3706 | certification of value showing rolled-back millage and proposed |
3707 | millage rates, as provided to the property appraiser pursuant to |
3708 | s. 200.065(1) and (2)(b); maximum millage rates calculated |
3709 | pursuant to s. 200.065(5), s. 200.185, or s. 200.186, together |
3710 | with values and calculations upon which the maximum millage |
3711 | rates are based; and a certified copy of the advertisement, as |
3712 | published pursuant to s. 200.065(3). In certifying compliance, |
3713 | the governing body of the county shall also include a certified |
3714 | copy of the notice required under s. 194.037. However, if the |
3715 | value adjustment board completes its hearings after the deadline |
3716 | for certification under this section, the county shall submit |
3717 | such copy to the department not later than 30 days following |
3718 | completion of such hearings. |
3719 | Section 89. For the purpose of incorporating the amendment |
3720 | made by this act to section 200.065, Florida Statutes, in |
3721 | references thereto, the following sections or subdivisions of |
3722 | Florida Statutes are reenacted to read: |
3723 | 192.0105 Taxpayer rights.--There is created a Florida |
3724 | Taxpayer's Bill of Rights for property taxes and assessments to |
3725 | guarantee that the rights, privacy, and property of the |
3726 | taxpayers of this state are adequately safeguarded and protected |
3727 | during tax levy, assessment, collection, and enforcement |
3728 | processes administered under the revenue laws of this state. The |
3729 | Taxpayer's Bill of Rights compiles, in one document, brief but |
3730 | comprehensive statements that summarize the rights and |
3731 | obligations of the property appraisers, tax collectors, clerks |
3732 | of the court, local governing boards, the Department of Revenue, |
3733 | and taxpayers. Additional rights afforded to payors of taxes and |
3734 | assessments imposed under the revenue laws of this state are |
3735 | provided in s. 213.015. The rights afforded taxpayers to assure |
3736 | that their privacy and property are safeguarded and protected |
3737 | during tax levy, assessment, and collection are available only |
3738 | insofar as they are implemented in other parts of the Florida |
3739 | Statutes or rules of the Department of Revenue. The rights so |
3740 | guaranteed to state taxpayers in the Florida Statutes and the |
3741 | departmental rules include: |
3742 | (1) THE RIGHT TO KNOW.-- |
3743 | (b) The right to notification of a public hearing on each |
3744 | taxing authority's tentative budget and proposed millage rate |
3745 | and advertisement of a public hearing to finalize the budget and |
3746 | adopt a millage rate (see s. 200.065(2)(c) and (d)). |
3747 | (c) The right to advertised notice of the amount by which |
3748 | the tentatively adopted millage rate results in taxes that |
3749 | exceed the previous year's taxes (see s. 200.065(2)(d) and (3)). |
3750 | The right to notification by first-class mail of a comparison of |
3751 | the amount of the taxes to be levied from the proposed millage |
3752 | rate under the tentative budget change, compared to the previous |
3753 | year's taxes, and also compared to the taxes that would be |
3754 | levied if no budget change is made (see ss. 200.065(2)(b) and |
3755 | 200.069(2), (3), (4), and (9)). |
3756 | 200.068 Certification of compliance with this |
3757 | chapter.--Not later than 30 days following adoption of an |
3758 | ordinance or resolution establishing a property tax levy, each |
3759 | taxing authority shall certify compliance with the provisions of |
3760 | this chapter to the Department of Revenue. In addition to a |
3761 | statement of compliance, such certification shall include a copy |
3762 | of the ordinance or resolution so adopted; a copy of the |
3763 | certification of value showing rolled-back millage and proposed |
3764 | millage rates, as provided to the property appraiser pursuant to |
3765 | s. 200.065(1) and (2)(b); maximum millage rates calculated |
3766 | pursuant to s. 200.065(5), s. 200.185, or s. 200.186, together |
3767 | with values and calculations upon which the maximum millage |
3768 | rates are based; and a certified copy of the advertisement, as |
3769 | published pursuant to s. 200.065(3). In certifying compliance, |
3770 | the governing body of the county shall also include a certified |
3771 | copy of the notice required under s. 194.037. However, if the |
3772 | value adjustment board completes its hearings after the deadline |
3773 | for certification under this section, the county shall submit |
3774 | such copy to the department not later than 30 days following |
3775 | completion of such hearings. |
3776 | 286.0105 Notices of meetings and hearings must advise that |
3777 | a record is required to appeal.--Each board, commission, or |
3778 | agency of this state or of any political subdivision thereof |
3779 | shall include in the notice of any meeting or hearing, if notice |
3780 | of the meeting or hearing is required, of such board, |
3781 | commission, or agency, conspicuously on such notice, the advice |
3782 | that, if a person decides to appeal any decision made by the |
3783 | board, agency, or commission with respect to any matter |
3784 | considered at such meeting or hearing, he or she will need a |
3785 | record of the proceedings, and that, for such purpose, he or she |
3786 | may need to ensure that a verbatim record of the proceedings is |
3787 | made, which record includes the testimony and evidence upon |
3788 | which the appeal is to be based. The requirements of this |
3789 | section do not apply to the notice provided in s. 200.065(3). |
3790 | Section 90. For the purpose of incorporating the amendment |
3791 | made by this act to sections 205.032 and 205.042, Florida |
3792 | Statutes, in references thereto, subsection (1) of section |
3793 | 205.054, Florida Statutes, is reenacted to read: |
3794 | 205.054 Business tax; partial exemption for engaging in |
3795 | business or occupation in enterprise zone.-- |
3796 | (1) Notwithstanding the provisions of s. 205.033(1)(a) or |
3797 | s. 205.043(1)(a), the governing body of a county or municipality |
3798 | may authorize by appropriate resolution or ordinance, adopted |
3799 | pursuant to the procedure established in s. 205.032 or s. |
3800 | 205.042, the exemption of 50 percent of the business tax levied |
3801 | for the privilege of engaging in or managing any business, |
3802 | profession, or occupation in the respective jurisdiction of the |
3803 | county or municipality when such privilege is exercised at a |
3804 | permanent business location or branch office located in an |
3805 | enterprise zone. |
3806 | Section 91. For the purpose of incorporating the amendment |
3807 | made by this act to section 255.0525, Florida Statutes, in a |
3808 | reference thereto, paragraph (b) of subsection (4) of section |
3809 | 155.40, Florida Statutes, is reenacted to read: |
3810 | 155.40 Sale or lease of county, district, or municipal |
3811 | hospital; effect of sale.-- |
3812 | (4) In the event the governing board of a county, |
3813 | district, or municipal hospital elects to sell or lease the |
3814 | hospital, the board shall: |
3815 | (b) Publicly advertise the offer to accept proposals in |
3816 | accordance with s. 255.0525 and receive proposals from all |
3817 | interested and qualified purchasers. |
3818 |
|
3819 | Any sale must be for fair market value, and any sale or lease |
3820 | must comply with all applicable state and federal antitrust |
3821 | laws. |
3822 | Section 92. For the purpose of incorporating the amendment |
3823 | made by this act to section 298.301, Florida Statutes, in a |
3824 | reference thereto, subsection (1) of section 298.77, Florida |
3825 | Statutes, is reenacted to read: |
3826 | 298.77 Readjustment of assessments; procedure, notice, |
3827 | hearings.-- |
3828 | (1) Whenever the owners of 25 percent or more of the |
3829 | acreage of the land of any district situated wholly in a single |
3830 | county existing under the general drainage laws of this state, |
3831 | now this chapter, joined by the holders of not less than 95 |
3832 | percent of the indebtedness outstanding against that district, |
3833 | shall file a petition with the board of supervisors, stating |
3834 | that there has been a material change in the value of the |
3835 | property in the district since the last previous assessment of |
3836 | benefits, contributed to by the drainage system; that a |
3837 | relatively large portion or portions of the district have become |
3838 | nontaxable for the purpose of paying the indebtedness of such |
3839 | district; that a named person, corporation, or agency has |
3840 | purchased the obligations of the district at a discount and |
3841 | under circumstances whereby the district is expected to pay in |
3842 | discharge of its obligations a sum greatly less than the par |
3843 | value of such obligations; that improvements within the district |
3844 | made possible or practicable by the drainage effected have been |
3845 | such as to enhance values in a portion or portions thereof more |
3846 | than in other portions of the district; and that developments in |
3847 | all parts of the district are believed to have been retarded by |
3848 | the inability of property owners to pay assessments and |
3849 | discharge individual properties from the lien of the drainage |
3850 | tax; and praying for readjustment of the assessment of benefits |
3851 | for the purpose of making a more equitable basis for the levy of |
3852 | taxes to pay the indebtedness of such district and to maintain |
3853 | its drainage system, the board of supervisors shall give notice |
3854 | of the filing and hearing of the petition in the manner and for |
3855 | the time provided for in s. 298.301. |
3856 | Section 93. For the purpose of incorporating the amendment |
3857 | made by this act to section 705.103, Florida Statutes, in a |
3858 | reference thereto, the following sections or subdivisions of |
3859 | Florida Statutes are reenacted to read: |
3860 | 705.104 Title to lost or abandoned property.-- |
3861 | (1) Title to lost or abandoned property is hereby vested |
3862 | in the finder upon the expiration of the 90-day custodial time |
3863 | period specified in s. 705.103(2)(b), provided the notice |
3864 | requirements of s. 705.103 have been met, unless the rightful |
3865 | owner or a lienholder claims the property within that time. |
3866 | 717.119 Payment or delivery of unclaimed property.-- |
3867 | (5) All intangible and tangible property held in a safe- |
3868 | deposit box or any other safekeeping repository reported under |
3869 | s. 717.117 shall not be delivered to the department until 120 |
3870 | days after the report due date. The delivery of the property, |
3871 | through the United States mail or any other carrier, shall be |
3872 | insured by the holder at an amount equal to the estimated value |
3873 | of the property. Each package shall be clearly marked on the |
3874 | outside "Deliver Unopened." A holder's safe-deposit box contents |
3875 | shall be delivered to the department in a single shipment. In |
3876 | lieu of a single shipment, holders may provide the department |
3877 | with a single detailed shipping schedule that includes package |
3878 | tracking information for all packages being sent pursuant to |
3879 | this section. |
3880 | (b) Any firearm or ammunition found in an unclaimed safe- |
3881 | deposit box or any other safekeeping repository shall be |
3882 | delivered by the holder to a law enforcement agency for disposal |
3883 | pursuant to s. 705.103(2)(b) with the balance of the proceeds |
3884 | deposited into the State School Fund if the firearm is sold. |
3885 | However, the department is authorized to make a reasonable |
3886 | attempt to ascertain the historical value to collectors of any |
3887 | firearm that has been delivered to the department. Any firearm |
3888 | appearing to have historical value to collectors may be sold by |
3889 | the department pursuant to s. 717.122 to a person having a |
3890 | federal firearms license. Any firearm which is not sold pursuant |
3891 | to s. 717.122 shall be delivered by the department to a law |
3892 | enforcement agency in this state for disposal pursuant to s. |
3893 | 705.103(2)(b) with the balance of the proceeds deposited into |
3894 | the State School Fund if the firearm is sold. The department |
3895 | shall not be administratively, civilly, or criminally liable for |
3896 | any firearm delivered by the department to a law enforcement |
3897 | agency in this state for disposal. |
3898 | Section 94. This act shall take effect October 1, 2009. |