1 | A bill to be entitled |
2 | An act relating to required advertisements and public |
3 | notices by governmental entities; creating s. 50.0311, |
4 | F.S.; defining the term "publicly accessible website"; |
5 | authorizing a governmental entity to use its publicly |
6 | accessible website for legally required advertisements and |
7 | public notices; providing conditions for such use; |
8 | providing for optional receipt of legally required |
9 | advertisements and public notices by first-class mail; |
10 | providing requirements for advertisements and public |
11 | notices published on a publicly accessible website; |
12 | amending s. 50.011, F.S.; providing that a notice, |
13 | advertisement, or publication on a publicly accessible |
14 | website in accordance with s. 50.0311, F.S., constitutes |
15 | legal notice; amending s. 50.021, F.S.; providing that |
16 | advertisements directed by law or order or decree of court |
17 | to be made in a county in which no newspaper is published |
18 | may be made by publication on a publicly accessible |
19 | website; amending s. 50.051, F.S.; providing clarifying |
20 | provisions; amending s. 50.061, F.S.; providing clarifying |
21 | provisions; amending s. 100.342, F.S.; providing for |
22 | notice of special election or referendum on a publicly |
23 | accessible website; amending s. 125.012, F.S.; providing |
24 | that required publication of notice of a county's |
25 | intention to grant certain exclusive franchises may be |
26 | provided on a publicly accessible website; amending s. |
27 | 125.35, F.S.; providing for publication of notice of the |
28 | sale of real property by a county on a publicly accessible |
29 | website for a specified period; amending s. 125.66, F.S.; |
30 | providing for notice of consideration of an ordinance by a |
31 | board of county commissioners to be published on a |
32 | publicly accessible website; requiring maintenance of the |
33 | advertisement for a specified period; providing clarifying |
34 | provisions; amending s. 129.03, F.S.; providing for the |
35 | advertisement of a summary statement of adopted tentative |
36 | county budgets on a publicly accessible website; amending |
37 | s. 129.06, F.S.; providing for advertisement of a public |
38 | hearing relating to the amendment of a county budget on a |
39 | publicly accessible website; amending s. 138.12, F.S.; |
40 | providing for publication of notice of a proposal to |
41 | expand a county seat and meetings related thereto on a |
42 | publicly accessible website; amending s. 153.53, F.S.; |
43 | providing for publication of notice of an election to |
44 | create a county water and sewer system district on a |
45 | publicly accessible website; amending s. 153.55, F.S.; |
46 | providing for advertisement of a hearing on a report |
47 | relative to the creation of a county water and sewer |
48 | system district on a publicly accessible website; amending |
49 | s. 153.79, F.S.; providing for public advertisement by a |
50 | county water and sewer system district of projects to |
51 | construct, reconstruct, acquire, or improve a water system |
52 | or a sewer system, and of a call for sealed bids for such |
53 | projects, on a publicly accessible website; amending s. |
54 | 157.03, F.S.; providing for advertisement for bids for the |
55 | construction of ditches, drains, or canals within a county |
56 | on a publicly accessible website; amending s. 157.21, |
57 | F.S.; providing for advertisement by a county on a |
58 | publicly accessible website for bids to enlarge or deepen |
59 | a drain; amending s. 157.28, F.S.; providing for |
60 | advertisement for bids for the repair of a county ditch, |
61 | drain, or canal on a publicly accessible website; amending |
62 | s. 159.32, F.S.; providing for advertisement for |
63 | competitive bids for contracts for the construction of a |
64 | project under the Florida Industrial Development Financing |
65 | Act on a publicly accessible website; amending s. 162.12, |
66 | F.S.; providing for optional serving of notice by a code |
67 | enforcement board of a violation of a county or municipal |
68 | code via a publicly accessible website; amending s. |
69 | 163.3184, F.S.; providing for notice of public hearings on |
70 | the adoption of a local government comprehensive plan or |
71 | plan amendment or the approval of a compliance agreement |
72 | under the Local Government Comprehensive Planning and Land |
73 | Development Regulation Act via a publicly accessible |
74 | website; amending s. 163.3225, F.S.; providing for |
75 | advertisement by a local government of notice of intent to |
76 | consider a development agreement on a publicly accessible |
77 | website; amending s. 163.356, F.S.; providing for posting |
78 | of notice of the filing of a report of the activities of a |
79 | community redevelopment agency on a publicly accessible |
80 | website; amending s. 163.360, F.S.; providing for notice |
81 | of a public hearing on a community redevelopment plan via |
82 | a publicly accessible website; amending s. 163.361, F.S.; |
83 | providing for notice of a public hearing on a proposed |
84 | modification of a community redevelopment plan via a |
85 | publicly accessible website; amending s. 163.380, F.S.; |
86 | providing for public notice of the disposition of any real |
87 | property in a community redevelopment area on a publicly |
88 | accessible website; amending s. 163.387, F.S.; providing |
89 | for publication on a publicly accessible website of notice |
90 | of a public hearing regarding a taxing authority's |
91 | intention to limit the amount of the authority's |
92 | contribution to a community redevelopment trust fund; |
93 | providing for publication on a publicly accessible website |
94 | of notice of a local governing body's public hearing on a |
95 | special district's request for exemption from |
96 | appropriation of tax increment funds to a community |
97 | redevelopment trust fund; amending s. 163.511, F.S.; |
98 | providing for notification of electors and freeholders of |
99 | general provisions relating to special neighborhood |
100 | improvement districts via a publicly accessible website; |
101 | amending s. 163.514, F.S.; providing for notification of |
102 | electors in a neighborhood improvement district of general |
103 | provisions relating to powers of such districts via a |
104 | publicly accessible website; amending s. 163.516, F.S.; |
105 | providing for publication of notice of a public hearing on |
106 | a safe neighborhood improvement plan or on the amendment |
107 | or modification of a safe neighborhood improvement plan |
108 | via a publicly accessible website; amending s. 163.524, |
109 | F.S.; providing for publication of notice of a joint |
110 | public hearing on the adoption, amendment, or modification |
111 | of a neighborhood enhancement plan via a publicly |
112 | accessible website; amending s. 165.041, F.S.; providing |
113 | for publication of notice of an election for the approval |
114 | of a charter for the merger of two or more municipalities |
115 | and associated unincorporated areas via a publicly |
116 | accessible website; amending s. 165.051, F.S.; providing |
117 | for notice of an election to vote on an ordinance to |
118 | revoke the charter of an existing municipality to be |
119 | published on a publicly accessible website; amending s. |
120 | 166.041, F.S.; providing for notice of adoption of a |
121 | municipal ordinance via a publicly accessible website; |
122 | providing clarifying provisions; amending s. 166.0497, |
123 | F.S.; providing for publication of notice of a public |
124 | hearing on the adoption of an ordinance to alter, amend, |
125 | or expand a municipal downtown development district via a |
126 | publicly accessible website; amending s. 170.05, F.S.; |
127 | providing for publication on a publicly accessible website |
128 | of a resolution relating to municipal public improvements |
129 | financed by special assessments; amending s. 170.07, F.S.; |
130 | providing for publication on a publicly accessible website |
131 | of notice of hearing on municipal public improvements |
132 | financed by special assessments; amending s. 171.0413, |
133 | F.S.; providing for publication of notice of a referendum |
134 | on annexation of territory by a municipality via a |
135 | publicly accessible website; amending s. 171.051, F.S.; |
136 | providing for notice of a contraction ordinance and |
137 | publication of notice of a referendum on contraction of |
138 | municipal boundaries via a publicly accessible website; |
139 | amending s. 173.09, F.S.; providing for advertisement via |
140 | a publicly accessible website of the sale of land pursuant |
141 | to foreclosure of municipal tax and special assessment |
142 | liens; amending s. 177.101, F.S.; providing for publishing |
143 | of legal notice of intention to apply to a county |
144 | governing body to vacate a plat of land via a publicly |
145 | accessible website; amending s. 180.09, F.S.; providing |
146 | for publication of notice via a publicly accessible |
147 | website of the adoption of a resolution or ordinance by a |
148 | city council or other legislative body authorizing the |
149 | issuance of mortgage revenue certificates or debentures; |
150 | amending s. 180.24, F.S.; providing for advertisement via |
151 | a publicly accessible website of specified construction |
152 | contracts for utilities or extensions to a previously |
153 | constructed utility; amending s. 189.4044, F.S.; providing |
154 | for publication of a notice of proposed declaration of |
155 | inactive status of a special district via a publicly |
156 | accessible website; amending s. 189.417, F.S.; providing |
157 | for the advertisement of meetings of the governing body of |
158 | an independent special district via a publicly accessible |
159 | website; providing for notice of public meetings of a |
160 | water management district held to evaluate responses to |
161 | solicitations issued by the district via a publicly |
162 | accessible website; amending s. 190.006, F.S.; providing |
163 | for publication of notice via a publicly accessible |
164 | website of a meeting of the landowners of a community |
165 | development district for the purpose of electing district |
166 | supervisors; amending s. 190.033, F.S.; providing for |
167 | advertisement for notice of bids or other competitive |
168 | solicitation by the board of supervisors of a community |
169 | development district via a publicly accessible website; |
170 | amending s. 191.005, F.S.; providing for publication via a |
171 | publicly accessible website of special notice of any |
172 | meeting at which the governing board of an independent |
173 | fire control district will consider a salary change for a |
174 | board member; amending s. 192.0105, F.S.; providing for |
175 | advertisement via a publicly accessible website of a |
176 | listing of the names of taxpayers who are delinquent in |
177 | paying tangible personal property taxes as provided for |
178 | under the Florida Taxpayer's Bill of Rights; providing for |
179 | advertised notice via a publicly accessible website of the |
180 | actions of a value adjustment board as provided for under |
181 | the Florida Taxpayer's Bill of Rights; amending s. |
182 | 194.037, F.S.; providing for publication on a publicly |
183 | accessible website of the findings and results of a |
184 | property tax value adjustment board; amending s. 197.3632, |
185 | F.S.; providing for publication on a publicly accessible |
186 | website of a local government's notice of intent to use |
187 | the uniform method of collecting non-ad valorem |
188 | assessments; amending s. 200.065, F.S.; providing for |
189 | advertisement on a publicly accessible website of a taxing |
190 | authority's intent to adopt a millage rate and budget; |
191 | providing for advertisement on a publicly accessible |
192 | website of a school district's intent to adopt a tentative |
193 | budget; providing for advertisement on a publicly |
194 | accessible website of the intention of a specified |
195 | multicounty taxing authority to adopt a tentative budget |
196 | and millage rate; providing clarifying and conforming |
197 | provisions; providing for notice via a publicly accessible |
198 | website of correction of a specified error contained in a |
199 | notice of proposed property taxes mailed to taxpayers; |
200 | amending s. 205.032, F.S.; providing for publication of |
201 | notice on a publicly accessible website of the levy of a |
202 | business tax by a county governing body; amending s. |
203 | 205.042, F.S.; providing for publication of notice on a |
204 | publicly accessible website of the levy of a business tax |
205 | by the governing body of an incorporated municipality; |
206 | amending s. 255.0525, F.S.; providing for advertisement |
207 | via a publicly accessible website for the solicitation of |
208 | competitive bids or proposals for construction projects of |
209 | a county, municipality, or other political subdivision |
210 | which are projected to exceed specified costs; amending s. |
211 | 274.06, F.S.; providing for publication of notice via a |
212 | publicly accessible website of a local government's sale |
213 | of tangible personal property having a specified value; |
214 | amending s. 290.0057, F.S.; providing for notice via a |
215 | publicly accessible website of a public hearing on an |
216 | enterprise zone strategic plan; amending s. 298.301, F.S.; |
217 | providing for publication on a publicly accessible website |
218 | of notice of a public hearing on a proposed district water |
219 | control plan or plan amendment; providing for publication |
220 | by the board of supervisors of a water control district |
221 | on a publicly accessible website of the filing of an |
222 | engineer's report and a geographical depiction of the |
223 | water control district; providing conforming provisions; |
224 | amending ss. 348.243, 348.83, 348.943, 348.953, and |
225 | 348.968, F.S.; providing for advertisement via a publicly |
226 | accessible website of public hearings on specified |
227 | projects of the Broward County Expressway Authority, the |
228 | Pasco County Expressway Authority, the St. Lucie County |
229 | Expressway and Bridge Authority, the Seminole County |
230 | Expressway Authority, and the Santa Rosa Bay Bridge |
231 | Authority, respectively; amending s. 350.81, F.S.; |
232 | providing for publication on a publicly accessible website |
233 | of notice of public hearings by a governmental entity that |
234 | proposes to provide a communications service; amending s. |
235 | 373.4592, F.S.; providing for publication on a publicly |
236 | accessible website of notice by the South Florida Water |
237 | Management District of the certification of a non-ad |
238 | valorem assessment roll in specified counties relative to |
239 | Everglades management and improvement; amending s. |
240 | 373.45924, F.S.; providing for publication as a notice on |
241 | a publicly accessible website of a truth-in-borrowing |
242 | statement from the South Florida Water Management District |
243 | relative to the district's proposal to borrow or otherwise |
244 | finance with debt any fixed capital outlay projects or |
245 | operating capital outlay for Everglades management and |
246 | improvement; amending s. 373.536, F.S.; providing for |
247 | publication on a publicly accessible website of notice of |
248 | budget hearings conducted by the governing board or |
249 | district staff of the South Florida Water Management |
250 | District, advertisement of budget workshops conducted by |
251 | the district for the public, advertisement of the |
252 | district's intention to adopt a tentative budget and |
253 | millage rate, and notices of the district governing |
254 | board's intention to adopt a final budget for the district |
255 | for the ensuing fiscal year under the Everglades |
256 | Restoration Investment Act; amending s. 376.80, F.S.; |
257 | providing for notice via a publicly accessible website of |
258 | public hearings on the proposed designation of a specified |
259 | brownfield area by a local government; amending s. |
260 | 379.2425, F.S.; providing for publication of notice via a |
261 | publicly accessible website of the establishment of a |
262 | restricted area by the Fish and Wildlife Conservation |
263 | Commission; amending s. 380.06, F.S.; providing for |
264 | publication of an advertisement on a publicly accessible |
265 | website of a public hearing by a local government on an |
266 | areawide development of regional impact under the Florida |
267 | Environmental Land and Water Management Act of 1972; |
268 | amending s. 403.973, F.S.; redefining the term "duly |
269 | noticed" to include publication on a publicly accessible |
270 | website; providing conforming provisions; amending s. |
271 | 420.9075, F.S.; providing for advertisement of notice on a |
272 | publicly accessible website of funding availability |
273 | through a local housing assistance plan under the State |
274 | Housing Initiatives Partnership Act; amending s. 553.73, |
275 | F.S.; providing for advertisement on a publicly accessible |
276 | website of a public hearing on the need to adopt local |
277 | technical amendments to the Florida Building Code which |
278 | provide for more stringent requirements; amending s. |
279 | 633.025, F.S.; providing for advertisement on a publicly |
280 | accessible website of a public hearing to determine the |
281 | need to strengthen a local governing body's minimum |
282 | firesafety code requirements; amending s. 705.103, F.S.; |
283 | providing for publication of notice on a publicly |
284 | accessible website of a law enforcement agency's election |
285 | to retain lost property; providing for publication on a |
286 | publicly accessible website of the advertisement of public |
287 | sale of lost property by a law enforcement agency; |
288 | amending s. 715.109, F.S.; providing for publication on a |
289 | publicly accessible website of advertisement of the sale |
290 | of abandoned property under the Disposition of Personal |
291 | Property Landlord and Tenant Act; reenacting ss. 125.56(1) |
292 | and 212.054(6), F.S., relating to enforcement and |
293 | amendment of the Florida Building Code and Florida Fire |
294 | Prevention Code and a discretionary sales surtax, to |
295 | incorporate the amendment to s. 125.66, F.S., in |
296 | references thereto; reenacting ss. 163.3164(18), 163.346, |
297 | and 376.80(1), F.S., relating to the definition of "public |
298 | notice" for purposes of the Local Government Comprehensive |
299 | Planning and Land Development Regulation Act, notice to |
300 | taxing authorities, and the brownfield program |
301 | administration process, respectively, to incorporate the |
302 | amendments to ss. 125.66 and 166.041, F.S., in references |
303 | thereto; reenacting ss. 30.50(4) and 200.065(3)(l), F.S., |
304 | relating to amendment of a county budget relative to |
305 | payment of salaries and expenses by a sheriff and |
306 | advertisement and notice requirements with respect to the |
307 | fixing of millage rates, to incorporate the amendments to |
308 | ss. 129.03 and 129.06, F.S., in references thereto; |
309 | reenacting ss. 163.3246(9)(a), 163.32465(6)(h), |
310 | 288.975(10) and (12)(d), 420.5095(9), and 1013.30(6), |
311 | F.S., relating to adoption and review of local government |
312 | comprehensive plan amendments, entry into compliance |
313 | agreements between parties to an administrative challenge |
314 | to an amendment to certain urban local comprehensive |
315 | plans, military base reuse plans, a local government |
316 | comprehensive plan amendment to implement a community |
317 | workforce housing innovation pilot program project, and |
318 | review of a university campus draft master plan, |
319 | respectively, to incorporate the amendments to s. |
320 | 163.3184, F.S., in references thereto; reenacting s. |
321 | 163.3187(1)(c), F.S., relating to the amendment of an |
322 | adopted comprehensive plan, to incorporate the amendments |
323 | to s. 166.041, F.S., in a reference thereto; reenacting |
324 | ss. 192.0105(1)(b) and (c), 200.068, and 286.0105, F.S., |
325 | relating to taxpayer rights, certification of compliance |
326 | with ch. 200, F.S., relating to determination of millage, |
327 | and to a requirement that notices of meetings and hearings |
328 | of a board, commission, or agency of the state advise that |
329 | a record of the proceedings is required to appeal, |
330 | respectively, to incorporate the amendments to s. 200.065, |
331 | F.S., in references thereto; reenacting ss. 705.104(1) and |
332 | 717.119(5)(b), F.S., relating to title to lost or |
333 | abandoned property and to disposition by a law enforcement |
334 | agency of a firearm or ammunition found in an unclaimed |
335 | safe-deposit box or other safekeeping repository, |
336 | respectively, to incorporate the amendment to s. 705.103, |
337 | F.S., in references thereto; providing an effective date. |
338 |
|
339 | Be It Enacted by the Legislature of the State of Florida: |
340 |
|
341 | Section 1. Section 530.0311, Florida Statutes, is created |
342 | to read: |
343 | 530.0311 Publication of advertisements and public notices |
344 | on a governmental entity's publicly accessible website.- |
345 | (1) For purposes of notices and advertisements required by |
346 | statute to be published by governmental entities, the term |
347 | "publicly accessible website" means a governmental entity's |
348 | official website that is accessible via the Internet. |
349 | (2) If specifically authorized by statute, a governmental |
350 | entity may use its website for legally required advertisements |
351 | and public notices if: |
352 | (a) A public library or other governmental facility |
353 | providing free access to the Internet during regular business |
354 | hours exists within the jurisdictional boundaries of such |
355 | governmental entity; |
356 | (b) The governmental entity provides notice to its |
357 | residents at least once per year in a newspaper of general |
358 | circulation, the governmental entity's newsletter or periodical, |
359 | or another publication that is mailed or delivered to all |
360 | residents or property owners throughout the governmental |
361 | entity's jurisdiction, indicating that residents may receive |
362 | legally required advertisements and public notices from the |
363 | governmental entity by first-class mail or e-mail upon |
364 | registering their name and address or e-mail address with the |
365 | local governmental entity; |
366 | (c) The governmental entity maintains a registry of names, |
367 | addresses, and e-mail addresses of residents who request in |
368 | writing that they receive legally required advertisements and |
369 | public notices from the governmental entity by first-class mail |
370 | or e-mail; and |
371 | (d) At the time of initial publication of an advertisement |
372 | or public notice on a governmental entity's publicly accessible |
373 | website, the governmental entity mails or e-mails a copy of such |
374 | publication to residents indicating a preference to receive such |
375 | advertisements and notices by first-class mail or e-mail. |
376 | (3) Advertisements and public notices published on a |
377 | publicly accessible website shall be conspicuously placed on the |
378 | website's homepage or accessible through a direct link from the |
379 | homepage. The advertisement shall indicate the date on which the |
380 | advertisement was first published on the publicly accessible |
381 | website. |
382 | Section 2. Section 50.011, Florida Statutes, is amended to |
383 | read: |
384 | 50.011 Where and in what language legal notices to be |
385 | published.-Whenever by statute an official or legal |
386 | advertisement or a publication, or notice in a newspaper has |
387 | been or is directed or permitted in the nature of or in lieu of |
388 | process, or for constructive service, or in initiating, |
389 | assuming, reviewing, exercising or enforcing jurisdiction or |
390 | power, or for any purpose, including all legal notices and |
391 | advertisements of sheriffs and tax collectors, the |
392 | contemporaneous and continuous intent and meaning of such |
393 | legislation all and singular, existing or repealed, is and has |
394 | been and is hereby declared to be and to have been, and the rule |
395 | of interpretation is and has been, a publication in a newspaper |
396 | printed and published periodically once a week or oftener, |
397 | containing at least 25 percent of its words in the English |
398 | language, entered or qualified to be admitted and entered as |
399 | periodicals matter at a post office in the county where |
400 | published, for sale to the public generally, available to the |
401 | public generally for the publication of official or other |
402 | notices and customarily containing information of a public |
403 | character or of interest or of value to the residents or owners |
404 | of property in the county where published, or of interest or of |
405 | value to the general public. Notwithstanding any provisions to |
406 | the contrary, and if specifically authorized by statute, a |
407 | notice, advertisement, or publication on a publicly accessible |
408 | website in accordance with s. 50.0311 constitutes legal notice. |
409 | Section 3. Section 50.021, Florida Statutes, is amended to |
410 | read: |
411 | 50.021 Publication when no newspaper in county.-When any |
412 | law, or order or decree of court, shall direct advertisements to |
413 | be made in any county and there be no newspaper published in the |
414 | said county, the advertisement may be made by publishing such |
415 | advertisement on a publicly accessible website maintained by the |
416 | entity responsible for publication or posting three copies |
417 | thereof in three different places in said county, one of which |
418 | shall be at the front door of the courthouse, and by publication |
419 | in the nearest county in which a newspaper is published. |
420 | Section 4. Section 50.051, Florida Statutes, is amended to |
421 | read: |
422 | 50.051 Proof of publication; form of uniform affidavit.- |
423 | The printed form upon which all such affidavits establishing |
424 | proof of publication in a newspaper are to be executed shall be |
425 | substantially as follows: |
426 |
|
427 | NAME OF NEWSPAPER |
428 | Published (Weekly or Daily) |
429 | (Town or City) (County) FLORIDA |
430 |
|
431 | STATE OF FLORIDA |
432 |
|
433 | COUNTY OF ....: |
434 | Before the undersigned authority personally appeared ...., |
435 | who on oath says that he or she is .... of the ...., a .... |
436 | newspaper published at .... in .... County, Florida; that the |
437 | attached copy of advertisement, being a .... in the matter of |
438 | .... in the .... Court, was published in said newspaper in the |
439 | issues of ..... |
440 | Affiant further says that the said .... is a newspaper |
441 | published at ...., in said .... County, Florida, and that the |
442 | said newspaper has heretofore been continuously published in |
443 | said .... County, Florida, each .... and has been entered as |
444 | periodicals matter at the post office in ...., in said .... |
445 | County, Florida, for a period of 1 year next preceding the first |
446 | publication of the attached copy of advertisement; and affiant |
447 | further says that he or she has neither paid nor promised any |
448 | person, firm or corporation any discount, rebate, commission or |
449 | refund for the purpose of securing this advertisement for |
450 | publication in the said newspaper. |
451 |
|
452 | Sworn to and subscribed before me this .... day of ...., |
453 | ...(year)..., by ...., who is personally known to me or who has |
454 | produced (type of identification) as identification. |
455 |
|
456 |
|
457 | ...(Signature of Notary Public)... |
458 |
|
459 | ...(Print, Type, or Stamp Commissioned Name of Notary Public)... |
460 |
|
461 | ...(Notary Public)... |
462 | Section 5. Subsection (4) of section 50.061, Florida |
463 | Statutes, is amended to read: |
464 | 50.061 Amounts chargeable.- |
465 | (4) All official public notices and legal advertisements |
466 | published in a newspaper shall be charged and paid for on the |
467 | basis of 6-point type on 6-point body, unless otherwise |
468 | specified by statute. |
469 | Section 6. Section 100.342, Florida Statutes, is amended |
470 | to read: |
471 | 100.342 Notice of special election or referendum.-In any |
472 | special election or referendum not otherwise provided for there |
473 | shall be at least 30 days' notice of the election or referendum |
474 | by publication in a newspaper of general circulation in the |
475 | county, district, or municipality, as the case may be, or |
476 | publication on a publicly accessible website maintained by the |
477 | entity responsible for publication and published daily during |
478 | the 5 weeks immediately preceding the election or referendum. If |
479 | advertised in the newspaper, the publication shall be made at |
480 | least twice, once in the fifth week and once in the third week |
481 | prior to the week in which the election or referendum is to be |
482 | held. If there is no newspaper of general circulation in the |
483 | county, district, or municipality and publication is not made on |
484 | a publicly accessible website maintained by the entity |
485 | responsible for publication, the notice shall be posted in no |
486 | fewer less than five places within the territorial limits of the |
487 | county, district, or municipality. |
488 | Section 7. Subsection (17) of section 125.012, Florida |
489 | Statutes, is amended to read: |
490 | 125.012 Project facilities; general powers and duties.-Any |
491 | county and the board of county commissioners thereof shall have |
492 | the power, in addition to the powers otherwise conferred: |
493 | (17) To grant exclusive or nonexclusive franchises to |
494 | persons, firms, or corporations for the operating of |
495 | restaurants, cafeterias, bars, taxicabs, vending machines, and |
496 | other concessions of a nonaeronautical nature in, on, and in |
497 | connection with any project owned and operated by the county. |
498 | However, no exclusive franchise shall be so granted unless the |
499 | board of county commissioners of such county shall award such |
500 | franchise following receipt of sealed competitive bids in the |
501 | manner prescribed by law, or cause to be published on a publicly |
502 | accessible website maintained by the county or in a newspaper of |
503 | general circulation in the county notice of the fact that it |
504 | intends to grant such exclusive franchise and will at a time |
505 | certain to be fixed in such notice, not less than 30 days after |
506 | the publication of the notice, enter into negotiations with any |
507 | interested parties as to the terms, conditions, and provisions |
508 | of any such exclusive franchise. Such negotiations with any |
509 | interested parties as to the terms, conditions, and provisions |
510 | of any such exclusive franchise are to continue for a period of |
511 | not less than 10 days before such exclusive franchise is |
512 | granted. |
513 | Section 8. Paragraph (c) of subsection (1) of section |
514 | 125.35, Florida Statutes, is amended to read: |
515 | 125.35 County authorized to sell real and personal |
516 | property and to lease real property.- |
517 | (1) |
518 | (c) No sale of any real property shall be made unless |
519 | notice thereof is published once a week for at least 2 weeks in |
520 | some newspaper of general circulation published in the county or |
521 | published daily during the 2 weeks preceding the sale of any |
522 | real property on a publicly accessible website maintained by the |
523 | county, calling for bids for the purchase of the real estate so |
524 | advertised to be sold. In the case of a sale, the bid of the |
525 | highest bidder complying with the terms and conditions set forth |
526 | in such notice shall be accepted, unless the board of county |
527 | commissioners rejects all bids because they are too low. The |
528 | board of county commissioners may require a deposit to be made |
529 | or a surety bond to be given, in such form or in such amount as |
530 | the board determines, with each bid submitted. |
531 | Section 9. Paragraph (a) of subsection (2) and paragraph |
532 | (b) of subsection (4) of section 125.66, Florida Statutes, are |
533 | amended to read: |
534 | 125.66 Ordinances; enactment procedure; emergency |
535 | ordinances; rezoning or change of land use ordinances or |
536 | resolutions.- |
537 | (2)(a) The regular enactment procedure shall be as |
538 | follows: The board of county commissioners at any regular or |
539 | special meeting may enact or amend any ordinance, except as |
540 | provided in subsection (4), if notice of intent to consider such |
541 | ordinance is given at least 10 days before the prior to said |
542 | meeting on a publicly accessible website maintained by the |
543 | county or by publication in a newspaper of general circulation |
544 | in the county. If advertised on a publicly accessible website, |
545 | the advertisement shall be published daily during the 10 days |
546 | immediately preceding the meeting. A copy of such notice shall |
547 | be kept available for public inspection during the regular |
548 | business hours of the office of the clerk of the board of county |
549 | commissioners. The notice of proposed enactment shall state the |
550 | date, time, and place of the meeting; the title or titles of |
551 | proposed ordinances; and the place or places within the county |
552 | where such proposed ordinances may be inspected by the public. |
553 | The notice shall also advise that interested parties may appear |
554 | at the meeting and be heard with respect to the proposed |
555 | ordinance. |
556 | (4) Ordinances or resolutions, initiated by other than the |
557 | county, that change the actual zoning map designation of a |
558 | parcel or parcels of land shall be enacted pursuant to |
559 | subsection (2). Ordinances or resolutions that change the actual |
560 | list of permitted, conditional, or prohibited uses within a |
561 | zoning category, or ordinances or resolutions initiated by the |
562 | county that change the actual zoning map designation of a parcel |
563 | or parcels of land shall be enacted pursuant to the following |
564 | procedure: |
565 | (b) In cases in which the proposed ordinance or resolution |
566 | changes the actual list of permitted, conditional, or prohibited |
567 | uses within a zoning category, or changes the actual zoning map |
568 | designation of a parcel or parcels of land involving 10 |
569 | contiguous acres or more, the board of county commissioners |
570 | shall provide for public notice and hearings as follows: |
571 | 1. The board of county commissioners shall hold two |
572 | advertised public hearings on the proposed ordinance or |
573 | resolution. At least one hearing shall be held after 5 p.m. on a |
574 | weekday, unless the board of county commissioners, by a majority |
575 | plus one vote, elects to conduct that hearing at another time of |
576 | day. The first public hearing shall be held at least 7 days |
577 | after the day that the first advertisement is published. The |
578 | second hearing shall be held at least 10 days after the first |
579 | hearing and shall be advertised at least 5 days prior to the |
580 | public hearing. |
581 | 2. The required newspaper advertisements shall be no less |
582 | than 2 columns wide by 10 inches long in a standard size or a |
583 | tabloid size newspaper, and the headline in the advertisement |
584 | shall be in a type no smaller than 18 point. The newspaper |
585 | advertisement shall not be placed in that portion of the |
586 | newspaper where legal notices and classified advertisements |
587 | appear. The newspaper advertisement shall be placed in a |
588 | newspaper of general paid circulation in the county and of |
589 | general interest and readership in the community pursuant to |
590 | chapter 50, not one of limited subject matter. It is the |
591 | legislative intent that, whenever possible, the newspaper |
592 | advertisement shall appear in a newspaper that is published at |
593 | least 5 days a week unless the only newspaper in the community |
594 | is published less than 5 days a week. The newspaper |
595 | advertisement shall be in substantially the following form: |
596 |
|
597 | NOTICE OF (TYPE OF) CHANGE |
598 |
|
599 | The ...(name of local governmental unit)... proposes to |
600 | adopt the following by ordinance or resolution:...(title of |
601 | ordinance or resolution).... |
602 | A public hearing on the ordinance or resolution will be |
603 | held on ...(date and time)... at ...(meeting place).... |
604 |
|
605 | Except for amendments which change the actual list of permitted, |
606 | conditional, or prohibited uses within a zoning category, the |
607 | advertisement shall contain a geographic location map which |
608 | clearly indicates the area within the local government covered |
609 | by the proposed ordinance or resolution. The map shall include |
610 | major street names as a means of identification of the general |
611 | area. |
612 | 3. In lieu of publishing the advertisements set out in |
613 | this paragraph, the board of county commissioners may mail a |
614 | notice to each person owning real property within the area |
615 | covered by the ordinance or resolution. Such notice shall |
616 | clearly explain the proposed ordinance or resolution and shall |
617 | notify the person of the time, place, and location of both |
618 | public hearings on the proposed ordinance or resolution. |
619 | Section 10. Paragraph (b) of subsection (3) of section |
620 | 129.03, Florida Statutes, is amended to read: |
621 | 129.03 Preparation and adoption of budget.- |
622 | (3) No later than 15 days after certification of value by |
623 | the property appraiser pursuant to s. 200.065(1), the county |
624 | budget officer, after tentatively ascertaining the proposed |
625 | fiscal policies of the board for the ensuing fiscal year, shall |
626 | prepare and present to the board a tentative budget for the |
627 | ensuing fiscal year for each of the funds provided in this |
628 | chapter, including all estimated receipts, taxes to be levied, |
629 | and balances expected to be brought forward and all estimated |
630 | expenditures, reserves, and balances to be carried over at the |
631 | end of the year. |
632 | (b) Upon receipt of the tentative budgets and completion |
633 | of any revisions made by the board, the board shall prepare a |
634 | statement summarizing all of the adopted tentative budgets. This |
635 | summary statement shall show, for each budget and the total of |
636 | all budgets, the proposed tax millages, the balances, the |
637 | reserves, and the total of each major classification of receipts |
638 | and expenditures, classified according to the classification of |
639 | accounts prescribed by the appropriate state agency. The board |
640 | shall cause this summary statement to be advertised one time in |
641 | a newspaper of general circulation published in the county, on a |
642 | publicly accessible website maintained by the county, or by |
643 | posting at the courthouse door if there is no such newspaper or |
644 | website, and the advertisement shall appear adjacent to the |
645 | advertisement required pursuant to s. 200.065. |
646 | Section 11. Paragraph (f) of subsection (2) of section |
647 | 129.06, Florida Statutes, is amended to read: |
648 | 129.06 Execution and amendment of budget.- |
649 | (2) The board at any time within a fiscal year may amend a |
650 | budget for that year, and may within the first 60 days of a |
651 | fiscal year amend the budget for the prior fiscal year, as |
652 | follows: |
653 | (f) If an amendment to a budget is required for a purpose |
654 | not specifically authorized in paragraphs (a)-(e), unless |
655 | otherwise prohibited by law, the amendment may be authorized by |
656 | resolution or ordinance of the board of county commissioners |
657 | adopted following a public hearing. The public hearing must be |
658 | advertised at least 2 days, but not more than 5 days, before the |
659 | date of the hearing. The advertisement must appear on a publicly |
660 | accessible website maintained by the county or in a newspaper of |
661 | paid general circulation and must identify the name of the |
662 | taxing authority, the date, place, and time of the hearing, and |
663 | the purpose of the hearing. If advertised in the newspaper, the |
664 | public hearing must be advertised at least 2 days, but not more |
665 | than 5 days, before the date of the hearing. If advertised on a |
666 | publicly accessible website, the notice must be published daily |
667 | during the 5 days immediately preceding the hearing. The |
668 | advertisement must also identify each budgetary fund to be |
669 | amended, the source of the funds, the use of the funds, and the |
670 | total amount of each budget. |
671 | Section 12. Section 138.12, Florida Statutes, is amended |
672 | to read: |
673 | 138.12 Commissioners may expand county seat.-The board of |
674 | county commissioners of any county may expand the geographical |
675 | area of the county seat of its county beyond the corporate |
676 | limits of the municipality named as the county seat by adopting |
677 | a resolution to that effect at any regular or special meeting of |
678 | the board. Such a resolution may be adopted only after the board |
679 | has held not less than two public hearings on the proposal at |
680 | intervals of not less than 10 or more than 20 days and after |
681 | notice of the proposal and such meetings has been published on a |
682 | publicly accessible website maintained by the county or in a |
683 | newspaper of general circulation in the county. However, nothing |
684 | herein shall be deemed to extend the boundaries of the |
685 | municipality in which the county seat was previously located or |
686 | annex to such municipality the territory added to the county |
687 | seat. |
688 | Section 13. Paragraph (d) of subsection (2) of section |
689 | 153.53, Florida Statutes, is amended to read: |
690 | 153.53 Establishment of districts in unincorporated |
691 | areas.- |
692 | (2) |
693 | (d) Within 30 days after the petition is received by the |
694 | property appraiser, said property appraiser shall determine |
695 | whether such petition has been duly signed by the requisite |
696 | number of property owners within the boundaries of the proposed |
697 | district. If there is a sufficient number of valid signatures, |
698 | the property appraiser shall forthwith deliver said petition to |
699 | the board of county commissioners who shall within 60 days hold |
700 | an election to determine if the district shall be created. The |
701 | board of county commissioners shall have notice of such election |
702 | published once a week for 4 successive weeks in a newspaper of |
703 | general circulation within the area of the proposed district or |
704 | daily during the 4 successive weeks immediately preceding the |
705 | election on a publicly accessible website maintained by the |
706 | county. Said notice shall describe the purpose for which the |
707 | district is to be established and the territory proposed to be |
708 | included in the said district. If there is no such newspaper or |
709 | website, then notice may be posted on the courthouse door and in |
710 | five conspicuous places within the proposed district. |
711 | Section 14. Subsection (1) of section 153.55, Florida |
712 | Statutes, is amended to read: |
713 | 153.55 Public hearing upon report of county commissioners |
714 | and creation of district; findings of board of county |
715 | commissioners.- |
716 | (1) Upon submission of any such report the board of county |
717 | commissioners shall hold a public hearing upon such report and |
718 | the question of the creation of such district, giving at least |
719 | 20 days' notice of such hearing by advertisement in a newspaper |
720 | published in the county and circulating in the area of the |
721 | proposed district, by daily publication during the 20 days |
722 | immediately preceding the hearing on a publicly accessible |
723 | website maintained by the county, or by posting as provided in |
724 | s. 153.56 if no such newspaper or website is be published. |
725 | Section 15. Section 153.79, Florida Statutes, is amended |
726 | to read: |
727 | 153.79 Contracts for construction of improvements, sealed |
728 | bids.-All contracts let, awarded, or entered into by the |
729 | district for the construction, reconstruction, or acquisition or |
730 | improvement of a water system or a sewer system or both or any |
731 | part thereof, if the amount thereof shall exceed $1,000, shall |
732 | be awarded only after public advertisement and call for sealed |
733 | bids therefor on a publicly accessible website maintained by the |
734 | county or, in a newspaper published in the county circulating in |
735 | the district, or, if there is be no such website or newspaper, |
736 | then in a newspaper published in the state and circulating in |
737 | the district. If advertised in the newspaper, such advertisement |
738 | shall to be published at least once at least 3 weeks before the |
739 | date set for the receipt of such bids. If advertised on a |
740 | publicly accessible website, such advertisement shall be |
741 | published daily during the 3 weeks immediately preceding the |
742 | date set for the receipt of such bids. Such advertisements for |
743 | bids in addition to the other necessary and pertinent matter |
744 | shall state in general terms the nature and description of the |
745 | improvement or improvements to be undertaken and shall state |
746 | that detailed plans and specifications for such work are on file |
747 | for inspection in the office of the district clerk and copies |
748 | thereof shall be furnished to any interested party upon payment |
749 | of reasonable charges to reimburse the district for its expenses |
750 | in providing such copies. The award shall be made to the |
751 | responsible and competent bidder or bidders who shall offer to |
752 | undertake the improvements at the lowest cost to the district |
753 | and such bidder or bidders shall be required to file bond for |
754 | the full and faithful performance of such work and the execution |
755 | of any such contract in such amount as the district board shall |
756 | determine, and in all other respects the letting of such |
757 | construction contracts shall comply with applicable provisions |
758 | of the general laws relating to the letting of public contracts. |
759 | Nothing in this section shall be deemed to prevent the district |
760 | from hiring or retaining such consulting engineers, attorneys, |
761 | financial experts or other technicians as it shall determine, in |
762 | its discretion, or from undertaking any construction work with |
763 | its own resources, without any such public advertisement. |
764 | Section 16. Section 157.03, Florida Statutes, is amended |
765 | to read: |
766 | 157.03 Commissioners to appoint committee; report of plans |
767 | and estimate; letting contract; right-of-way for drains.-When |
768 | the county commissioners shall order that such ditch, drain, or |
769 | canal, shall be established, they shall appoint a committee of |
770 | three disinterested freeholders who are citizens of the county, |
771 | who may employ a surveyor, and shall cause an accurate survey to |
772 | be made of the proposed ditch, drain, or canal, and shall |
773 | establish the commencement, route, and terminus of said ditch, |
774 | drain, or canal, the width, length, and depth thereof, and shall |
775 | make and present to the county commissioners, at their next |
776 | regular meeting, or at a meeting as soon thereafter as |
777 | practicable, plans, specifications, and profiles for said |
778 | construction, together with an estimate of the approximate cost |
779 | of said ditch, drain, or canal, and the annual cost of its |
780 | maintenance, and upon this report of the said committee, the |
781 | board of county commissioners shall advertise once a week for 3 |
782 | weeks, in a newspaper published in the said county or daily for |
783 | 3 weeks on a publicly accessible website maintained by the |
784 | county, for bids for the construction of said ditch, drain, or |
785 | canal, and the same shall be given to the lowest responsible |
786 | bidder; provided, the board of county commissioners may, if they |
787 | deem it for the best interest of all concerned, reject all bids; |
788 | and in case said bids are rejected they may advertise for |
789 | further bids. Whenever the survey for any proposed ditch, drain, |
790 | or canal, shall run through the lands of anyone who shall object |
791 | thereto, the board of county commissioners may proceed to |
792 | condemn the right-of-way for such ditch, drain, or canal, and |
793 | pay therefor out of the funds arising from the levy and |
794 | assessments hereinafter provided for. |
795 | Section 17. Section 157.21, Florida Statutes, is amended |
796 | to read: |
797 | 157.21 Enlargement of drains; appointment of committee; |
798 | report to commissioners; letting contract; contractor's bond; |
799 | payments; assessment.-Whenever the board of county commissioners |
800 | shall have determined upon a petition, filed as provided in s. |
801 | 157.16, to enlarge or deepen any drain, they shall appoint a |
802 | committee of the three competent and disinterested persons who |
803 | are citizens of the county, who shall cause an accurate survey |
804 | to be made of the proposed work, and shall establish the depth |
805 | or width to which the same shall be deepened and shall make and |
806 | present to the county commissioners at their next regular |
807 | meeting, an estimate of the cost of said work, and upon the |
808 | report of said committee to them, said county commissioners |
809 | shall advertise not less than 2 weeks in a newspaper published |
810 | in the county or daily for 2 weeks on a publicly accessible |
811 | website maintained by the county, for bids on said work, to be |
812 | given to the lowest responsible bidder, with the privilege of |
813 | rejecting all bids that may be offered, should the same be |
814 | considered unreasonable; and in case the said bids are rejected, |
815 | they may again advertise for further bids. The said board of |
816 | county commissioners shall require of the person whose bid is |
817 | accepted for said work a good and sufficient bond for the |
818 | faithful performance of said contract, which said work shall be |
819 | done under the supervision of the committee appointed as |
820 | aforesaid. When the work shall be completed the committee shall |
821 | certify the same to the board of county commissioners who shall |
822 | also inspect such work before final payment is made to the |
823 | contractor, and such confirmation with the report of the |
824 | committee that the work has been done according to contract, |
825 | shall be made a matter of record; provided, that nothing in this |
826 | chapter shall prevent the county commissioners from making |
827 | payments in installments during the progress of the work, if |
828 | deemed expedient. Before letting such contract, the committee |
829 | appointed by the commissioners shall view the lands to be |
830 | benefited by the enlargement or deepening of said drain or |
831 | auxiliary and assess each parcel according and in proportion as |
832 | each shall be benefited, both those lands lying immediately |
833 | along such ditch, drain, or canal, and those adjacent thereto, |
834 | for all the expenses that may be incurred in the enlarging or |
835 | deepening of said drain and keeping the same in repair from year |
836 | to year, and shall file a report of the same with the board of |
837 | county commissioners, which said report shall show the several |
838 | tracts of lands assessed and the names of the owners thereof, |
839 | and the amounts assessed against each tract; provided, however, |
840 | that if the owners of any tract cannot be ascertained by |
841 | diligent inquiry, said tract shall be assessed as unknown. |
842 | Section 18. Section 157.28, Florida Statutes, is amended |
843 | to read: |
844 | 157.28 Awarding contracts for repair; approval.-If the |
845 | estimated cost of repairing any such ditch, drain, or canal |
846 | shall not exceed the sum of $100, the board of county |
847 | commissioners shall have full power to have the same done in |
848 | such manner as said board may see fit; but if such estimated |
849 | cost shall exceed $100, then the contract shall be let to the |
850 | lowest responsible bidder after advertising for bids at least |
851 | once each week for 2 consecutive weeks in some newspaper |
852 | published in the county or advertising daily for 2 consecutive |
853 | weeks on a publicly accessible website maintained by the county, |
854 | or by posting in five conspicuous places in the commissioners' |
855 | district in which such ditch, drain, or canal shall be located, |
856 | and all work done shall be subject to the approval and |
857 | acceptance of the board of county commissioners. |
858 | Section 19. Section 159.32, Florida Statutes, is amended |
859 | to read: |
860 | 159.32 Construction contracts.-Contracts for the |
861 | construction of the project may be awarded by the local agency |
862 | in such manner as in its judgment will best promote free and |
863 | open competition, including advertisement for competitive bids |
864 | in a newspaper of general circulation within the boundaries of |
865 | the local agency or on a publicly accessible website maintained |
866 | by the local agency responsible for publication; however, if the |
867 | local agency shall determine that the purposes of this part will |
868 | be more effectively served, the local agency in its discretion |
869 | may award or cause to be awarded contracts for the construction |
870 | of any project, or any part thereof, upon a negotiated basis as |
871 | determined by the local agency. The local agency shall prescribe |
872 | bid security requirements and other procedures in connection |
873 | with the award of such contracts as in its judgment shall |
874 | protect the public interest. The local agency may by written |
875 | contract engage the services of the lessee, purchaser, or |
876 | prospective lessee or purchaser of any project in the |
877 | construction of the project and may provide in the contract that |
878 | the lessee, purchaser, or prospective lessee or purchaser may |
879 | act as an agent of, or an independent contractor for, the local |
880 | agency for the performance of the functions described therein, |
881 | subject to such conditions and requirements consistent with the |
882 | provisions of this part as shall be prescribed in the contract, |
883 | including functions such as the acquisition of the site and |
884 | other real property for the project; the preparation of plans, |
885 | specifications, and contract documents; the award of |
886 | construction and other contracts upon a competitive or |
887 | negotiated basis; the construction of the project, or any part |
888 | thereof, directly by the lessee, purchaser, or prospective |
889 | lessee or purchaser; the inspection and supervision of |
890 | construction; the employment of engineers, architects, builders, |
891 | and other contractors; and the provision of money to pay the |
892 | cost thereof pending reimbursement by the local agency. Any such |
893 | contract may provide that the local agency may, out of proceeds |
894 | of bonds, make advances to or reimburse the lessee, purchaser, |
895 | or prospective lessee or purchaser for its costs incurred in the |
896 | performance of those functions, and shall set forth the |
897 | supporting documents required to be submitted to the local |
898 | agency and the reviews, examinations, and audits that shall be |
899 | required in connection therewith to assure compliance with the |
900 | provisions of this part and the contract. |
901 | Section 20. Paragraph (a) of subsection (2) of section |
902 | 162.12, Florida Statutes, is amended to read: |
903 | 162.12 Notices.- |
904 | (2) In addition to providing notice as set forth in |
905 | subsection (1), at the option of the code enforcement board, |
906 | notice may also be served by publication or posting, as follows: |
907 | (a)1. Such notice shall be published once during each week |
908 | for 4 consecutive weeks (four publications being sufficient) in |
909 | a newspaper of general circulation in the county where the code |
910 | enforcement board is located or daily during the 4 weeks |
911 | immediately preceding the hearing on a publicly accessible |
912 | website maintained by the local government. The website and |
913 | newspaper shall meet such requirements as are prescribed under |
914 | chapter 50 for legal and official advertisements. |
915 | 2. Proof of newspaper publication shall be made as |
916 | provided in ss. 50.041 and 50.051. |
917 |
|
918 | Evidence that an attempt has been made to hand deliver or mail |
919 | notice as provided in subsection (1), together with proof of |
920 | publication or posting as provided in subsection (2), shall be |
921 | sufficient to show that the notice requirements of this part |
922 | have been met, without regard to whether or not the alleged |
923 | violator actually received such notice. |
924 | Section 21. Paragraph (b) of subsection (15) and paragraph |
925 | (c) of subsection (16) of section 163.3184, Florida Statutes, |
926 | are amended to read: |
927 | 163.3184 Process for adoption of comprehensive plan or |
928 | plan amendment.- |
929 | (15) PUBLIC HEARINGS.- |
930 | (b) The local governing body shall hold at least two |
931 | advertised public hearings on the proposed comprehensive plan or |
932 | plan amendment as follows: |
933 | 1. The first public hearing shall be held at the |
934 | transmittal stage pursuant to subsection (3). It shall be held |
935 | on a weekday at least 7 days after the day that the first |
936 | advertisement is published or after the notice of the first |
937 | public hearing is initially published on the publicly accessible |
938 | website. |
939 | 2. The second public hearing shall be held at the adoption |
940 | stage pursuant to subsection (7). It shall be held on a weekday |
941 | at least 5 days after the day that the second advertisement is |
942 | published or after the notice of the second public hearing is |
943 | initially published on the publicly accessible website. |
944 | (16) COMPLIANCE AGREEMENTS.- |
945 | (c) Before Prior to its execution of a compliance |
946 | agreement, the local government must approve the compliance |
947 | agreement at a public hearing advertised at least 10 days before |
948 | the public hearing in a newspaper of general circulation in the |
949 | area or daily during the 10 days immediately preceding the |
950 | hearing on a publicly accessible website maintained by the local |
951 | government in accordance with the advertisement requirements of |
952 | subsection (15). |
953 | Section 22. Paragraph (a) of subsection (2) of section |
954 | 163.3225, Florida Statutes, is amended to read: |
955 | 163.3225 Public hearings.- |
956 | (2)(a) Notice of intent to consider a development |
957 | agreement shall be advertised approximately 7 days before each |
958 | public hearing in a newspaper of general circulation and |
959 | readership in the county where the local government is located |
960 | or advertised daily during the 7 days immediately preceding the |
961 | hearing on a publicly accessible website maintained by the local |
962 | government. Notice of intent to consider a development agreement |
963 | shall also be mailed to all affected property owners before the |
964 | first public hearing. The day, time, and place at which the |
965 | second public hearing will be held shall be announced at the |
966 | first public hearing. |
967 | Section 23. Paragraph (c) of subsection (3) of section |
968 | 163.356, Florida Statutes, is amended to read: |
969 | 163.356 Creation of community redevelopment agency.- |
970 | (3) |
971 | (c) The governing body of the county or municipality shall |
972 | designate a chair and vice chair from among the commissioners. |
973 | An agency may employ an executive director, technical experts, |
974 | and such other agents and employees, permanent and temporary, as |
975 | it requires, and determine their qualifications, duties, and |
976 | compensation. For such legal service as it requires, an agency |
977 | may employ or retain its own counsel and legal staff. An agency |
978 | authorized to transact business and exercise powers under this |
979 | part shall file with the governing body, on or before March 31 |
980 | of each year, a report of its activities for the preceding |
981 | fiscal year, which report shall include a complete financial |
982 | statement setting forth its assets, liabilities, income, and |
983 | operating expenses as of the end of such fiscal year. At the |
984 | time of filing the report, the agency shall publish on a |
985 | publicly accessible website maintained by the agency or in a |
986 | newspaper of general circulation in the community a notice to |
987 | the effect that such report has been filed with the county or |
988 | municipality and that the report is available for inspection |
989 | during business hours in the office of the clerk of the city or |
990 | county commission and in the office of the agency. |
991 | Section 24. Paragraph (a) of subsection (6) of section |
992 | 163.360, Florida Statutes, is amended to read: |
993 | 163.360 Community redevelopment plans.- |
994 | (6)(a) The governing body shall hold a public hearing on a |
995 | community redevelopment plan after public notice thereof by |
996 | posting on a publicly accessible website maintained by the local |
997 | government responsible for publication or by publication in a |
998 | newspaper having a general circulation in the area of operation |
999 | of the county or municipality. The notice shall describe the |
1000 | time, date, place, and purpose of the hearing, identify |
1001 | generally the community redevelopment area covered by the plan, |
1002 | and outline the general scope of the community redevelopment |
1003 | plan under consideration. |
1004 | Section 25. Subsection (2) of section 163.361, Florida |
1005 | Statutes, is amended to read: |
1006 | 163.361 Modification of community redevelopment plans.- |
1007 | (2) The governing body shall hold a public hearing on a |
1008 | proposed modification of any community redevelopment plan after |
1009 | public notice thereof on a publicly accessible website |
1010 | maintained by the local government responsible for publication |
1011 | or by publication in a newspaper having a general circulation in |
1012 | the area of operation of the agency. |
1013 | Section 26. Paragraph (a) of subsection (3) of section |
1014 | 163.380, Florida Statutes, is amended to read: |
1015 | 163.380 Disposal of property in community redevelopment |
1016 | area.-The disposal of property in a community redevelopment area |
1017 | which is acquired by eminent domain is subject to the |
1018 | limitations set forth in s. 73.013. |
1019 | (3)(a) Before Prior to disposition of any real property or |
1020 | interest therein in a community redevelopment area, any county, |
1021 | municipality, or community redevelopment agency shall give |
1022 | public notice of such disposition by publication in a newspaper |
1023 | having a general circulation in the community or on a publicly |
1024 | accessible website maintained by the entity responsible for |
1025 | publication, at least 30 days before prior to the execution of |
1026 | any contract to sell, lease, or otherwise transfer real property |
1027 | and, before prior to the delivery of any instrument of |
1028 | conveyance with respect thereto under the provisions of this |
1029 | section, invite proposals from, and make all pertinent |
1030 | information available to, private redevelopers or any persons |
1031 | interested in undertaking to redevelop or rehabilitate a |
1032 | community redevelopment area or any part thereof. Such notice |
1033 | shall identify the area or portion thereof and shall state that |
1034 | proposals must be made by those interested within 30 days after |
1035 | the date of publication of the notice and that such further |
1036 | information as is available may be obtained at such office as is |
1037 | designated in the notice. The county, municipality, or community |
1038 | redevelopment agency shall consider all such redevelopment or |
1039 | rehabilitation proposals and the financial and legal ability of |
1040 | the persons making such proposals to carry them out; and the |
1041 | county, municipality, or community redevelopment agency may |
1042 | negotiate with any persons for proposals for the purchase, |
1043 | lease, or other transfer of any real property acquired by it in |
1044 | the community redevelopment area. The county, municipality, or |
1045 | community redevelopment agency may accept such proposal as it |
1046 | deems to be in the public interest and in furtherance of the |
1047 | purposes of this part. Except in the case of a governing body |
1048 | acting as the agency, as provided in s. 163.357, a notification |
1049 | of intention to accept such proposal must be filed with the |
1050 | governing body not less than 30 days before prior to any such |
1051 | acceptance. Thereafter, the county, municipality, or community |
1052 | redevelopment agency may execute such contract in accordance |
1053 | with the provisions of subsection (1) and deliver deeds, leases, |
1054 | and other instruments and take all steps necessary to effectuate |
1055 | such contract. |
1056 | Section 27. Paragraph (b) of subsection (1) and paragraph |
1057 | (d) of subsection (2) of section 163.387, Florida Statutes, are |
1058 | amended to read: |
1059 | 163.387 Redevelopment trust fund.- |
1060 | (1) |
1061 | (b)1. For any governing body that has not authorized by |
1062 | June 5, 2006, a study to consider whether a finding of necessity |
1063 | resolution pursuant to s. 163.355 should be adopted, has not |
1064 | adopted a finding of necessity resolution pursuant to s. 163.355 |
1065 | by March 31, 2007, has not adopted a community redevelopment |
1066 | plan by June 7, 2007, and was not authorized to exercise |
1067 | community redevelopment powers pursuant to a delegation of |
1068 | authority under s. 163.410 by a county that has adopted a home |
1069 | rule charter, the amount of tax increment to be contributed by |
1070 | any taxing authority shall be limited as follows: |
1071 | a. If a taxing authority imposes a millage rate that |
1072 | exceeds the millage rate imposed by the governing body that |
1073 | created the trust fund, the amount of tax increment to be |
1074 | contributed by the taxing authority imposing the higher millage |
1075 | rate shall be calculated using the millage rate imposed by the |
1076 | governing body that created the trust fund. Nothing shall |
1077 | prohibit any taxing authority from voluntarily contributing a |
1078 | tax increment at a higher rate for a period of time as specified |
1079 | by interlocal agreement between the taxing authority and the |
1080 | community redevelopment agency. |
1081 | b. At any time more than 24 years after the fiscal year in |
1082 | which a taxing authority made its first contribution to a |
1083 | redevelopment trust fund, by resolution effective no sooner than |
1084 | the next fiscal year and adopted by majority vote of the taxing |
1085 | authority's governing body at a public hearing held not less |
1086 | than 30 or more than 45 days after written notice by registered |
1087 | mail to the community redevelopment agency and published on a |
1088 | publicly accessible website maintained by the entity responsible |
1089 | for publication or in a newspaper of general circulation in the |
1090 | redevelopment area, the taxing authority may limit the amount of |
1091 | increment contributed by the taxing authority to the |
1092 | redevelopment trust fund to the amount of increment the taxing |
1093 | authority was obligated to contribute to the redevelopment trust |
1094 | fund in the fiscal year immediately preceding the adoption of |
1095 | such resolution, plus any increase in the increment after the |
1096 | adoption of the resolution computed using the taxable values of |
1097 | any area which is subject to an area reinvestment agreement. As |
1098 | used in this subparagraph, the term "area reinvestment |
1099 | agreement" means an agreement between the community |
1100 | redevelopment agency and a private party, with or without |
1101 | additional parties, which provides that the increment computed |
1102 | for a specific area shall be reinvested in services or public or |
1103 | private projects, or both, including debt service, supporting |
1104 | one or more projects consistent with the community redevelopment |
1105 | plan that is identified in the agreement to be constructed |
1106 | within that area. Any such reinvestment agreement must specify |
1107 | the estimated total amount of public investment necessary to |
1108 | provide the projects or services, or both, including any |
1109 | applicable debt service. The contribution to the redevelopment |
1110 | trust fund of the increase in the increment of any area that is |
1111 | subject to an area reinvestment agreement following the passage |
1112 | of a resolution as provided in this sub-subparagraph shall cease |
1113 | when the amount specified in the area reinvestment agreement as |
1114 | necessary to provide the projects or services, or both, |
1115 | including any applicable debt service, has been invested. |
1116 | 2. For any community redevelopment agency that was not |
1117 | created pursuant to a delegation of authority under s. 163.410 |
1118 | by a county that has adopted a home rule charter and that |
1119 | modifies its adopted community redevelopment plan after October |
1120 | 1, 2006, in a manner that expands the boundaries of the |
1121 | redevelopment area, the amount of increment to be contributed by |
1122 | any taxing authority with respect to the expanded area shall be |
1123 | limited as set forth in sub-subparagraphs 1.a. and b. |
1124 | (2) |
1125 | (d)1. A local governing body that creates a community |
1126 | redevelopment agency under s. 163.356 may exempt from paragraph |
1127 | (a) a special district that levies ad valorem taxes within that |
1128 | community redevelopment area. The local governing body may grant |
1129 | the exemption either in its sole discretion or in response to |
1130 | the request of the special district. The local governing body |
1131 | must establish procedures by which a special district may submit |
1132 | a written request to be exempted from paragraph (a). |
1133 | 2. In deciding whether to deny or grant a special |
1134 | district's request for exemption from paragraph (a), the local |
1135 | governing body must consider: |
1136 | a. Any additional revenue sources of the community |
1137 | redevelopment agency which could be used in lieu of the special |
1138 | district's tax increment. |
1139 | b. The fiscal and operational impact on the community |
1140 | redevelopment agency. |
1141 | c. The fiscal and operational impact on the special |
1142 | district. |
1143 | d. The benefit to the specific purpose for which the |
1144 | special district was created. The benefit to the special |
1145 | district must be based on specific projects contained in the |
1146 | approved community redevelopment plan for the designated |
1147 | community redevelopment area. |
1148 | e. The impact of the exemption on incurred debt and |
1149 | whether such exemption will impair any outstanding bonds that |
1150 | have pledged tax increment revenues to the repayment of the |
1151 | bonds. |
1152 | f. The benefit of the activities of the special district |
1153 | to the approved community redevelopment plan. |
1154 | g. The benefit of the activities of the special district |
1155 | to the area of operation of the local governing body that |
1156 | created the community redevelopment agency. |
1157 | 3. The local governing body must hold a public hearing on |
1158 | a special district's request for exemption after public notice |
1159 | of the hearing is published on a publicly accessible website |
1160 | maintained by the local governing body or in a newspaper having |
1161 | a general circulation in the county or municipality that created |
1162 | the community redevelopment area. The notice must describe the |
1163 | time, date, place, and purpose of the hearing and must identify |
1164 | generally the community redevelopment area covered by the plan |
1165 | and the impact of the plan on the special district that |
1166 | requested the exemption. |
1167 | 4. If a local governing body grants an exemption to a |
1168 | special district under this paragraph, the local governing body |
1169 | and the special district must enter into an interlocal agreement |
1170 | that establishes the conditions of the exemption, including, but |
1171 | not limited to, the period of time for which the exemption is |
1172 | granted. |
1173 | 5. If a local governing body denies a request for |
1174 | exemption by a special district, the local governing body shall |
1175 | provide the special district with a written analysis specifying |
1176 | the rationale for such denial. This written analysis must |
1177 | include, but is not limited to, the following information: |
1178 | a. A separate, detailed examination of each consideration |
1179 | listed in subparagraph 2. |
1180 | b. Specific examples of how the approved community |
1181 | redevelopment plan will benefit, and has already benefited, the |
1182 | purpose for which the special district was created. |
1183 | 6. The decision to either deny or grant an exemption must |
1184 | be made by the local governing body within 120 days after the |
1185 | date the written request was submitted to the local governing |
1186 | body pursuant to the procedures established by such local |
1187 | governing body. |
1188 | Section 28. Paragraph (c) of subsection (3) and paragraph |
1189 | (c) of subsection (4) of section 163.511, Florida Statutes, are |
1190 | amended to read: |
1191 | 163.511 Special neighborhood improvement districts; |
1192 | creation; referendum; board of directors; duration; extension.- |
1193 | (3) |
1194 | (c) Within 45 days from compilation of the voter |
1195 | registration list pursuant to paragraph (b), the city clerk or |
1196 | the supervisor of elections shall notify each such elector of |
1197 | the general provisions of this section, including the taxing |
1198 | authority and the date of the upcoming referendum. Notification |
1199 | shall be by United States mail and, in addition thereto, by |
1200 | publication one time in a newspaper of general circulation in |
1201 | the county or municipality in which the district is located or |
1202 | on a publicly accessible website maintained by the entity |
1203 | responsible for such publication. |
1204 | (4) |
1205 | (c) Within 45 days from compilation of the freeholders' |
1206 | registration list pursuant to paragraph (b), the city clerk or |
1207 | the supervisor of elections shall notify each such freeholder of |
1208 | the general provisions of this section, including the taxing |
1209 | authority and the date of the upcoming referendum, and the |
1210 | method provided for submitting corrections to the registration |
1211 | list should the status of the freeholder have changed since the |
1212 | compilation of the tax rolls. Notification shall be by United |
1213 | States mail and, in addition thereto, by publication one time in |
1214 | a newspaper of general circulation in the county or municipality |
1215 | in which the district is located or on a publicly accessible |
1216 | website maintained by the entity responsible for such |
1217 | publication. |
1218 | Section 29. Paragraph (b) of subsection (16) of section |
1219 | 163.514, Florida Statutes, is amended to read: |
1220 | 163.514 Powers of neighborhood improvement districts.- |
1221 | Unless prohibited by ordinance, the board of any district shall |
1222 | be empowered to: |
1223 | (16) |
1224 | (b) In order to implement this subsection, the city clerk |
1225 | or the supervisor of elections, whichever is appropriate, shall |
1226 | compile a list of the names and last known addresses of the |
1227 | electors in the neighborhood improvement district from the list |
1228 | of registered voters of the county as of the last day of the |
1229 | preceding month. The same shall constitute the registration list |
1230 | for the purposes of a referendum. Within 45 days after |
1231 | compilation of the voter registration list, the city clerk or |
1232 | the supervisor of elections shall notify each elector of the |
1233 | general provisions of this section, including the taxing |
1234 | authority and the date of the upcoming referendum. Notification |
1235 | shall be by United States mail and, in addition thereto, by |
1236 | publication one time in a newspaper of general circulation in |
1237 | the county or municipality in which the district is located or |
1238 | on a publicly accessible website maintained by the county or |
1239 | municipality responsible for such publication. |
1240 | Section 30. Subsections (5) and (7) of section 163.516, |
1241 | Florida Statutes, are amended to read: |
1242 | 163.516 Safe neighborhood improvement plans.- |
1243 | (5) Before Prior to adoption of the safe neighborhood |
1244 | improvement plan, the board shall hold a public hearing on the |
1245 | plan after public notice thereof by publication in a newspaper |
1246 | of general circulation in the county or municipality in which |
1247 | the district is located or on a publicly accessible website |
1248 | maintained by the entity responsible for such publication. The |
1249 | notice shall describe the time, date, place, and purpose of the |
1250 | hearing; identify the boundaries of the district; and outline |
1251 | the general scope of the plan. |
1252 | (7) If, at any time after approval of the safe |
1253 | neighborhood improvement plan, it becomes desirable to amend or |
1254 | modify the plan, the board may do so. Before Prior to any such |
1255 | amendment or modification, the board shall obtain written |
1256 | approval of the local governing body concerning conformity to |
1257 | the local government comprehensive plan and hold a public |
1258 | hearing on the proposed amendment or modification after public |
1259 | notice thereof by publication in a newspaper of general |
1260 | circulation in the county or municipality in which the district |
1261 | is located or on a publicly accessible website maintained by the |
1262 | entity responsible for such publication. The notice shall |
1263 | describe the time, place, and purpose of the hearing and |
1264 | generally describe the proposed amendment or modification. |
1265 | Section 31. Subsections (10) and (11) of section 163.524, |
1266 | Florida Statutes, are amended to read: |
1267 | 163.524 Neighborhood Preservation and Enhancement Program; |
1268 | participation; creation of Neighborhood Preservation and |
1269 | Enhancement Districts; creation of Neighborhood Councils and |
1270 | Neighborhood Enhancement Plans.- |
1271 | (10) Before Prior to the adoption of the Neighborhood |
1272 | Enhancement Plan, the local government planning agency and |
1273 | Neighborhood Council shall hold a joint public hearing on the |
1274 | plan after public notice by the local government by publication |
1275 | in a newspaper of general circulation in the county or |
1276 | municipality in which the district is located or on a publicly |
1277 | accessible website maintained by the entity responsible for such |
1278 | publication. The notice shall describe the time, date, place, |
1279 | and purpose of the hearing; identify the boundaries of the |
1280 | district; and outline the general scope of the plan as required |
1281 | by law. |
1282 | (11) If at any time after approval of the Neighborhood |
1283 | Enhancement Plan, it becomes desirable to amend or modify the |
1284 | plan, the local governing body may do so. Before Prior to any |
1285 | such amendment or modification, the local government planning |
1286 | agency and the Neighborhood Council shall hold a joint public |
1287 | hearing on the proposed amendment or modification after public |
1288 | notice by the local government by publication in a newspaper of |
1289 | general circulation in the county or municipality in which the |
1290 | district is located or on a publicly accessible website |
1291 | maintained by the entity responsible for such publication. The |
1292 | notice shall describe the time, place, and purpose of the |
1293 | hearing and shall generally describe the proposed amendment or |
1294 | modification. |
1295 | Section 32. Paragraph (c) of subsection (2) of section |
1296 | 165.041, Florida Statutes, is amended to read: |
1297 | 165.041 Incorporation; merger.- |
1298 | (2) |
1299 | (c) Notice of the election shall be published at least |
1300 | once each week for 2 consecutive weeks immediately preceding |
1301 | prior to the election, in a newspaper of general circulation in |
1302 | the area to be affected or published daily during the 2 |
1303 | consecutive weeks immediately preceding the election on a |
1304 | publicly accessible website maintained by the local government |
1305 | responsible for publication. Such notice shall give the time and |
1306 | places for the election and a general description of the area to |
1307 | be included in the municipality, which shall be in the form of a |
1308 | map to show clearly the area to be covered by the municipality. |
1309 | Section 33. Subsection (2) of section 165.051, Florida |
1310 | Statutes, is amended to read: |
1311 | 165.051 Dissolution procedures.- |
1312 | (2) If a vote of the qualified voters is required, the |
1313 | governing body of the municipality or, if the municipal |
1314 | governing body does not act within 30 days, the governing body |
1315 | of the county or counties in which the municipality is located, |
1316 | shall set the date of the election, which shall be the next |
1317 | regularly scheduled election or a special election held before |
1318 | prior to such election, if approved by a majority of the members |
1319 | of the governing body of each governmental unit affected, but no |
1320 | sooner than 30 days after passage of the ordinance. Notice of |
1321 | the election shall be published at least once each week for 2 |
1322 | consecutive weeks preceding prior to the election in a newspaper |
1323 | of general circulation in the municipality or published daily |
1324 | during the 2 consecutive weeks immediately preceding the |
1325 | election on a publicly accessible website maintained by the |
1326 | local government responsible for publication. |
1327 | Section 34. Paragraphs (a) and (c) of subsection (3) of |
1328 | section 166.041, Florida Statutes, are amended to read: |
1329 | 166.041 Procedures for adoption of ordinances and |
1330 | resolutions.- |
1331 | (3)(a) Except as provided in paragraph (c), a proposed |
1332 | ordinance may be read by title, or in full, on at least 2 |
1333 | separate days and shall, at least 10 days before prior to |
1334 | adoption, be noticed once in a newspaper of general circulation |
1335 | in the municipality or noticed daily during the 10 days |
1336 | immediately preceding the adoption on a publicly accessible |
1337 | website maintained by the municipality. The notice of proposed |
1338 | enactment shall state the date, time, and place of the meeting; |
1339 | the title or titles of proposed ordinances; and the place or |
1340 | places within the municipality where such proposed ordinances |
1341 | may be inspected by the public. The notice shall also advise |
1342 | that interested parties may appear at the meeting and be heard |
1343 | with respect to the proposed ordinance. |
1344 | (c) Ordinances initiated by other than the municipality |
1345 | that change the actual zoning map designation of a parcel or |
1346 | parcels of land shall be enacted pursuant to paragraph (a). |
1347 | Ordinances that change the actual list of permitted, |
1348 | conditional, or prohibited uses within a zoning category, or |
1349 | ordinances initiated by the municipality that change the actual |
1350 | zoning map designation of a parcel or parcels of land shall be |
1351 | enacted pursuant to the following procedure: |
1352 | 1. In cases in which the proposed ordinance changes the |
1353 | actual zoning map designation for a parcel or parcels of land |
1354 | involving less than 10 contiguous acres, the governing body |
1355 | shall direct the clerk of the governing body to notify by mail |
1356 | each real property owner whose land the municipality will |
1357 | redesignate by enactment of the ordinance and whose address is |
1358 | known by reference to the latest ad valorem tax records. The |
1359 | notice shall state the substance of the proposed ordinance as it |
1360 | affects that property owner and shall set a time and place for |
1361 | one or more public hearings on such ordinance. Such notice shall |
1362 | be given at least 30 days prior to the date set for the public |
1363 | hearing, and a copy of the notice shall be kept available for |
1364 | public inspection during the regular business hours of the |
1365 | office of the clerk of the governing body. The governing body |
1366 | shall hold a public hearing on the proposed ordinance and may, |
1367 | upon the conclusion of the hearing, immediately adopt the |
1368 | ordinance. |
1369 | 2. In cases in which the proposed ordinance changes the |
1370 | actual list of permitted, conditional, or prohibited uses within |
1371 | a zoning category, or changes the actual zoning map designation |
1372 | of a parcel or parcels of land involving 10 contiguous acres or |
1373 | more, the governing body shall provide for public notice and |
1374 | hearings as follows: |
1375 | a. The local governing body shall hold two advertised |
1376 | public hearings on the proposed ordinance. At least one hearing |
1377 | shall be held after 5 p.m. on a weekday, unless the local |
1378 | governing body, by a majority plus one vote, elects to conduct |
1379 | that hearing at another time of day. The first public hearing |
1380 | shall be held at least 7 days after the day that the first |
1381 | advertisement is published. The second hearing shall be held at |
1382 | least 10 days after the first hearing and shall be advertised at |
1383 | least 5 days prior to the public hearing. |
1384 | b. The required newspaper advertisements shall be no less |
1385 | than 2 columns wide by 10 inches long in a standard size or a |
1386 | tabloid size newspaper, and the headline in the advertisement |
1387 | shall be in a type no smaller than 18 point. The newspaper |
1388 | advertisement shall not be placed in that portion of the |
1389 | newspaper where legal notices and classified advertisements |
1390 | appear. The newspaper advertisement shall be placed in a |
1391 | newspaper of general paid circulation in the municipality and of |
1392 | general interest and readership in the municipality, not one of |
1393 | limited subject matter, pursuant to chapter 50. It is the |
1394 | legislative intent that, whenever possible, the newspaper |
1395 | advertisement appear in a newspaper that is published at least 5 |
1396 | days a week unless the only newspaper in the municipality is |
1397 | published less than 5 days a week. The newspaper advertisement |
1398 | shall be in substantially the following form: |
1399 | NOTICE OF (TYPE OF) CHANGE |
1400 |
|
1401 | The ...(name of local governmental unit)... proposes to |
1402 | adopt the following ordinance:...(title of the ordinance).... |
1403 | A public hearing on the ordinance will be held on ...(date |
1404 | and time)... at ...(meeting place).... |
1405 |
|
1406 | Except for amendments which change the actual list of permitted, |
1407 | conditional, or prohibited uses within a zoning category, the |
1408 | advertisement shall contain a geographic location map which |
1409 | clearly indicates the area covered by the proposed ordinance. |
1410 | The map shall include major street names as a means of |
1411 | identification of the general area. |
1412 | c. In lieu of publishing the advertisement set out in this |
1413 | paragraph, the municipality may mail a notice to each person |
1414 | owning real property within the area covered by the ordinance. |
1415 | Such notice shall clearly explain the proposed ordinance and |
1416 | shall notify the person of the time, place, and location of any |
1417 | public hearing on the proposed ordinance. |
1418 | Section 35. Subsection (2) of section 166.0497, Florida |
1419 | Statutes, is amended to read: |
1420 | 166.0497 Alteration, amendment, or expansion of |
1421 | established downtown development district; procedures.- |
1422 | (2) In the resolution of intent, the governing body shall |
1423 | set a date for a public hearing on adoption of an ordinance |
1424 | altering, amending, or expanding the district and describing the |
1425 | new proposed district. Upon the adoption of the resolution, the |
1426 | governing body shall cause a notice of the public hearing to be |
1427 | published in a newspaper of general circulation published in the |
1428 | municipality or on a publicly accessible website maintained by |
1429 | the municipality. Such, which notice shall be published in the |
1430 | newspaper one time not less than 30 days and no nor more than 60 |
1431 | days before prior to the date of the hearing, or published daily |
1432 | on the website during the 60 days immediately preceding the date |
1433 | of the hearing. The notice shall set forth the date, time, and |
1434 | place of the hearing and shall describe the new proposed |
1435 | boundaries of the district. Any citizen, taxpayer, or property |
1436 | owner shall have the right to be heard in opposition to the |
1437 | proposed amendment or expansion of the district. After the |
1438 | public hearing, if the governing body intends to proceed with |
1439 | the amendment or expansion of the district, it shall, in the |
1440 | manner authorized by law, adopt an ordinance defining the new |
1441 | district. The governing body shall not incorporate land into the |
1442 | district not included in the description contained in the |
1443 | resolution and the notice of public hearing, but it may |
1444 | eliminate any lands from that description when it adopts the |
1445 | ordinance containing the final determination of the boundaries. |
1446 | Section 36. Section 170.05, Florida Statutes, is amended |
1447 | to read: |
1448 | 170.05 Publication of resolution.-Upon the adoption of the |
1449 | resolution provided for in s. 170.03, the municipality shall |
1450 | cause said resolution to be published on a publicly accessible |
1451 | website maintained by the municipality or one time in a |
1452 | newspaper of general circulation published in said municipality, |
1453 | and if there is be no website or newspaper published in said |
1454 | municipality, the governing authority of said municipality shall |
1455 | cause said resolution to be published once a week for a period |
1456 | of 2 weeks in a newspaper of general circulation published in |
1457 | the county in which said municipality is located. |
1458 | Section 37. Section 170.07, Florida Statutes, is amended |
1459 | to read: |
1460 | 170.07 Publication of preliminary assessment roll.-Upon |
1461 | the completion of said preliminary assessment roll, the |
1462 | governing authority of the municipality shall by resolution fix |
1463 | a time and place at which the owners of the property to be |
1464 | assessed or any other persons interested therein may appear |
1465 | before said governing authority and be heard as to the propriety |
1466 | and advisability of making such improvements, as to the cost |
1467 | thereof, as to the manner of payment therefor, and as to the |
1468 | amount thereof to be assessed against each property so improved. |
1469 | Thirty days' notice in writing of such time and place shall be |
1470 | given to such property owners. The notice shall include the |
1471 | amount of the assessment and shall be served by mailing a copy |
1472 | to each of such property owners at his or her last known |
1473 | address, the names and addresses of such property owners to be |
1474 | obtained from the records of the property appraiser or from such |
1475 | other sources as the city or town clerk or engineer deems |
1476 | reliable, proof of such mailing to be made by the affidavit of |
1477 | the clerk or deputy clerk of said municipality, or by the |
1478 | engineer, said proof to be filed with the clerk, provided, that |
1479 | failure to mail said notice or notices shall not invalidate any |
1480 | of the proceedings hereunder. Notice of the time and place of |
1481 | such hearing shall also be given by two publications a week |
1482 | apart in a newspaper of general circulation in said municipality |
1483 | or by publication daily for 2 weeks on a publicly accessible |
1484 | website maintained by the municipality, and if there is be no |
1485 | website or newspaper published in said municipality, |
1486 | governing authority of said municipality shall cause said notice |
1487 | to be published in like manner in a newspaper of general |
1488 | circulation published in the county in which said municipality |
1489 | is located; provided that the last publication shall be at least |
1490 | 1 week before prior to the date of the hearing. Said notice |
1491 | shall describe the streets or other areas to be improved and |
1492 | advise all persons interested that the description of each |
1493 | property to be assessed and the amount to be assessed to each |
1494 | piece or parcel of property may be ascertained at the office of |
1495 | the clerk of the municipality. Such service by publication shall |
1496 | be verified by the affidavit of the publisher and filed with the |
1497 | clerk of said municipality. |
1498 | Section 38. Paragraph (b) of subsection (2) of section |
1499 | 171.0413, Florida Statutes, is amended to read: |
1500 | 171.0413 Annexation procedures.-Any municipality may annex |
1501 | contiguous, compact, unincorporated territory in the following |
1502 | manner: |
1503 | (2) Following the final adoption of the ordinance of |
1504 | annexation by the governing body of the annexing municipality, |
1505 | the ordinance shall be submitted to a vote of the registered |
1506 | electors of the area proposed to be annexed. The governing body |
1507 | of the annexing municipality may also choose to submit the |
1508 | ordinance of annexation to a separate vote of the registered |
1509 | electors of the annexing municipality. The referendum on |
1510 | annexation shall be called and conducted and the expense thereof |
1511 | paid by the governing body of the annexing municipality. |
1512 | (b) The governing body of the annexing municipality shall |
1513 | publish notice of the referendum on annexation at least once |
1514 | each week for 2 consecutive weeks immediately preceding the date |
1515 | of the referendum in a newspaper of general circulation in the |
1516 | area in which the referendum is to be held or daily during the 2 |
1517 | weeks immediately preceding the date of the referendum on a |
1518 | publicly accessible website maintained by the annexing |
1519 | municipality. The notice shall give the ordinance number, the |
1520 | time and places for the referendum, and a brief, general |
1521 | description of the area proposed to be annexed. The description |
1522 | shall include a map clearly showing the area and a statement |
1523 | that the complete legal description by metes and bounds and the |
1524 | ordinance can be obtained from the office of the city clerk. |
1525 | Section 39. Subsections (3) and (7) of section 171.051, |
1526 | Florida Statutes, are amended to read: |
1527 | 171.051 Contraction procedures.-Any municipality may |
1528 | initiate the contraction of municipal boundaries in the |
1529 | following manner: |
1530 | (3) After introduction, the contraction ordinance shall be |
1531 | noticed at least once per week for 2 consecutive weeks in a |
1532 | newspaper of general circulation in the municipality or |
1533 | published daily during the 2 consecutive weeks immediately |
1534 | preceding the date of the meeting on a publicly accessible |
1535 | website maintained by the municipality, such notice to describe |
1536 | the area to be excluded. Such description shall include a |
1537 | statement of findings to show that the area to be excluded fails |
1538 | to meet the criteria of s. 171.043, set the time and place of |
1539 | the meeting at which the ordinance will be considered, and |
1540 | advise that all parties affected may be heard. |
1541 | (7) The municipal governing body shall establish the date |
1542 | of election and publish notice of the referendum election at |
1543 | least once a week for the 2 consecutive weeks immediately |
1544 | preceding prior to the election in a newspaper of general |
1545 | circulation in the area proposed to be excluded or in the |
1546 | municipality or daily during the 2 consecutive weeks immediately |
1547 | preceding the date of the meeting on a publicly accessible |
1548 | website maintained by the municipality. Such notice shall give |
1549 | the time and places for the election and a general description |
1550 | of the area to be excluded, which shall be in the form of a map |
1551 | clearly showing the area proposed to be excluded. |
1552 | Section 40. Subsection (1) of section 173.09, Florida |
1553 | Statutes, is amended to read: |
1554 | 173.09 Judgment for complainant; special magistrate's |
1555 | sale; complainant may purchase and later sell.- |
1556 | (1) Any such decree shall direct the special magistrate |
1557 | thereby appointed to sell the several parcels of land separately |
1558 | to the highest and best bidder for cash (or, at the option of |
1559 | complainant, to the extent of special assessments included in |
1560 | such judgment, for bonds or interest coupons issued by |
1561 | complainant), at public outcry at the courthouse door of the |
1562 | county in which such suit is pending, or at such point or place |
1563 | in the complainant municipality as the court in such final |
1564 | decree may direct, after having advertised such sale (which |
1565 | advertisement may include all lands so ordered sold) once each |
1566 | week for 2 consecutive weeks in some newspaper published in the |
1567 | city or town in which the complainant is situated or publishing |
1568 | notice of the sale daily for 2 consecutive weeks on a publicly |
1569 | accessible website maintained by the municipality, or if there |
1570 | is no such website or newspaper, in a newspaper published in the |
1571 | county in which the suit is pending, and if all the lands so |
1572 | advertised for sale be not sold on the day specified in such |
1573 | advertisement, such sale shall be continued from day to day |
1574 | until the sale of all such land is completed. |
1575 | Section 41. Subsection (4) of section 177.101, Florida |
1576 | Statutes, is amended to read: |
1577 | 177.101 Vacation and annulment of plats subdividing land.- |
1578 | (4) Persons making application for vacations of plats |
1579 | either in whole or in part shall give notice of their intention |
1580 | to apply to the governing body of the county to vacate said plat |
1581 | by publishing legal notice in a newspaper of general circulation |
1582 | in the county in which the tract or parcel of land is located, |
1583 | in not less than two weekly issues of said paper, or daily for 2 |
1584 | weeks on a publicly accessible website maintained by the local |
1585 | government, and must attach to the petition for vacation the |
1586 | proof of such publication, together with certificates showing |
1587 | that all state and county taxes have been paid. For the purpose |
1588 | of the tax collector's certification that state, county, and |
1589 | municipal taxes have been paid, the taxes shall be deemed to |
1590 | have been paid if, in addition to any partial payment under s. |
1591 | 194.171, the owner of the platted lands sought to be vacated |
1592 | shall post a cash bond, approved by the tax collector of the |
1593 | county where the land is located and by the Department of |
1594 | Revenue, conditioned to pay the full amount of any judgment |
1595 | entered pursuant to s. 194.192 adverse to the person making |
1596 | partial payment, including all costs, interest, and penalties. |
1597 | The circuit court shall fix the amount of said bond by order, |
1598 | after considering the reasonable timeframe for such litigation |
1599 | and all other relevant factors; and a certified copy of such |
1600 | approval, order, and cash bond shall be attached to the |
1601 | application. If such tract or parcel of land is within the |
1602 | corporate limits of any incorporated city or town, the governing |
1603 | body of the county shall be furnished with a certified copy of a |
1604 | resolution of the town council or city commission, as the case |
1605 | may be, showing that it has already by suitable resolution |
1606 | vacated such plat or subdivision or such part thereof sought to |
1607 | be vacated. |
1608 | Section 42. Section 180.09, Florida Statutes, is amended |
1609 | to read: |
1610 | 180.09 Notice of resolution or ordinance authorizing |
1611 | issuance of certificates.-Upon the adoption of resolution or |
1612 | ordinance by the city council, or other legislative body, by |
1613 | whatever name known, authorizing the issuance of mortgage |
1614 | revenue certificates or debentures, a notice thereof shall be |
1615 | published once a week for 2 consecutive weeks in a newspaper of |
1616 | general circulation in the county in which the municipality is |
1617 | located or daily for 2 consecutive weeks on a publicly |
1618 | accessible website maintained by the municipality, or posted by |
1619 | posting a notice in at least three conspicuous places within the |
1620 | limits of the municipality, one of which shall be posted at the |
1621 | door of the city hall or city offices; provided, that if any of |
1622 | the mortgage revenue certificates or debentures are to be |
1623 | purchased by the United States of America, or any |
1624 | instrumentality or subdivision thereof, it shall not be |
1625 | necessary to advertise or offer the same for sale by competitive |
1626 | bidding. |
1627 | Section 43. Subsection (1) of section 180.24, Florida |
1628 | Statutes, is amended to read: |
1629 | 180.24 Contracts for construction; bond; publication of |
1630 | notice; bids.- |
1631 | (1) Any municipality desiring the accomplishment of any or |
1632 | all of the purposes of this chapter may make contracts for the |
1633 | construction of any of the utilities mentioned in this chapter, |
1634 | or any extension or extensions to any previously constructed |
1635 | utility, which said contracts shall be in writing, and the |
1636 | contractor shall be required to give bond, which said bond shall |
1637 | be executed by a surety company authorized to do business in the |
1638 | state; provided, however, construction contracts in excess of |
1639 | $25,000 shall be advertised by the publication of a notice in a |
1640 | newspaper of general circulation in the county in which said |
1641 | municipality is located at least once each week for 2 |
1642 | consecutive weeks, by publication daily for 2 weeks on a |
1643 | publicly accessible website maintained by the municipality, or |
1644 | by posting three notices in three conspicuous places in said |
1645 | municipality, one of which shall be on the door of the city |
1646 | hall; and that at least 10 days shall elapse between the date of |
1647 | the first publication or posting of such notice and the date of |
1648 | receiving bids and the execution of such contract documents. For |
1649 | municipal construction projects identified in s. 255.0525, the |
1650 | notice provision of that section supersedes and replaces the |
1651 | notice provisions in this section. |
1652 | Section 44. Subsection (1) of section 189.4044, Florida |
1653 | Statutes, is amended to read: |
1654 | 189.4044 Special procedures for inactive districts.- |
1655 | (1) The department shall declare inactive any special |
1656 | district in this state by documenting that: |
1657 | (a) The special district meets one of the following |
1658 | criteria: |
1659 | 1. The registered agent of the district, the chair of the |
1660 | governing body of the district, or the governing body of the |
1661 | appropriate local general-purpose government notifies the |
1662 | department in writing that the district has taken no action for |
1663 | 2 or more years; |
1664 | 2. Following an inquiry from the department, the |
1665 | registered agent of the district, the chair of the governing |
1666 | body of the district, or the governing body of the appropriate |
1667 | local general-purpose government notifies the department in |
1668 | writing that the district has not had a governing board or a |
1669 | sufficient number of governing board members to constitute a |
1670 | quorum for 2 or more years or the registered agent of the |
1671 | district, the chair of the governing body of the district, or |
1672 | the governing body of the appropriate local general-purpose |
1673 | government fails to respond to the department's inquiry within |
1674 | 21 days; or |
1675 | 3. The department determines, pursuant to s. 189.421, that |
1676 | the district has failed to file any of the reports listed in s. |
1677 | 189.419. |
1678 | (b) The department, special district, or local general- |
1679 | purpose government published a notice of proposed declaration of |
1680 | inactive status on a publicly accessible website maintained by |
1681 | the entity responsible for publication or in a newspaper of |
1682 | general circulation in the county or municipality in which the |
1683 | territory of the special district is located and sent a copy of |
1684 | such notice by certified mail to the registered agent or chair |
1685 | of the board, if any. Such notice must include the name of the |
1686 | special district, the law under which it was organized and |
1687 | operating, a general description of the territory included in |
1688 | the special district, and a statement that any objections must |
1689 | be filed pursuant to chapter 120 within 21 days after the |
1690 | publication date; and |
1691 | (c) Twenty-one days have elapsed from the publication date |
1692 | of the notice of proposed declaration of inactive status and no |
1693 | administrative appeals were filed. |
1694 | Section 45. Subsection (1) of section 189.417, Florida |
1695 | Statutes, is amended to read: |
1696 | 189.417 Meetings; notice; required reports.- |
1697 | (1) The governing body of each special district shall file |
1698 | quarterly, semiannually, or annually a schedule of its regular |
1699 | meetings with the local governing authority or authorities. The |
1700 | schedule shall include the date, time, and location of each |
1701 | scheduled meeting. The schedule shall be published quarterly, |
1702 | semiannually, or annually in a newspaper of general paid |
1703 | circulation in the manner required in this subsection. The |
1704 | governing body of an independent special district shall |
1705 | advertise the day, time, place, and purpose of any meeting other |
1706 | than a regular meeting or any recessed and reconvened meeting of |
1707 | the governing body, at least 7 days before prior to such |
1708 | meeting, in a newspaper of general paid circulation in the |
1709 | county or counties in which the special district is located, or |
1710 | daily during the 7 days immediately preceding the meeting on a |
1711 | publicly accessible website maintained by the district, unless a |
1712 | bona fide emergency situation exists, in which case a meeting to |
1713 | deal with the emergency may be held as necessary, with |
1714 | reasonable notice, so long as it is subsequently ratified by the |
1715 | board. No approval of the annual budget shall be granted at an |
1716 | emergency meeting. If the advertisement is published in a |
1717 | newspaper, the advertisement shall be placed in that portion of |
1718 | the newspaper where legal notices and classified advertisements |
1719 | appear and. The advertisement shall appear in a newspaper that |
1720 | is published at least 5 days a week, unless the only newspaper |
1721 | in the county is published fewer than 5 days a week. The |
1722 | newspaper selected must be one of general interest and |
1723 | readership in the community and not one of limited subject |
1724 | matter, pursuant to chapter 50. Any other provision of law to |
1725 | the contrary notwithstanding, and except in the case of |
1726 | emergency meetings, water management districts may provide |
1727 | reasonable notice of public meetings held to evaluate responses |
1728 | to solicitations issued by the water management district, by |
1729 | publication in a newspaper of general paid circulation in the |
1730 | county where the principal office of the water management |
1731 | district is located, or in the county or counties where the |
1732 | public work will be performed, no less than 7 days before such |
1733 | meeting or on a publicly accessible website maintained by the |
1734 | district during the 7 days immediately preceding the meeting. |
1735 | Section 46. Paragraph (a) of subsection (2) of section |
1736 | 190.006, Florida Statutes, is amended to read: |
1737 | 190.006 Board of supervisors; members and meetings.- |
1738 | (2)(a) Within 90 days following the effective date of the |
1739 | rule or ordinance establishing the district, there shall be held |
1740 | a meeting of the landowners of the district for the purpose of |
1741 | electing five supervisors for the district. Notice of the |
1742 | landowners' meeting shall be published once a week for 2 |
1743 | consecutive weeks in a newspaper that which is in general |
1744 | circulation in the area of the district, the last day of such |
1745 | newspaper publication to be not less fewer than 14 days or more |
1746 | than 28 days before the date of the election, or published daily |
1747 | during the 28 days immediately preceding the date of the |
1748 | election on a publicly accessible website maintained by the |
1749 | district. The landowners, when assembled at such meeting, shall |
1750 | organize by electing a chair who shall conduct the meeting. The |
1751 | chair may be any person present at the meeting. If the chair is |
1752 | a landowner or proxy holder of a landowner, he or she may |
1753 | nominate candidates and make and second motions. |
1754 | Section 47. Subsection (1) of section 190.033, Florida |
1755 | Statutes, is amended to read: |
1756 | 190.033 Bids required.- |
1757 | (1) No contract shall be let by the board for any goods, |
1758 | supplies, or materials to be purchased when the amount thereof |
1759 | to be paid by the district shall exceed the amount provided in |
1760 | s. 287.017 for category four, unless notice of bids or other |
1761 | competitive solicitation, including requests for proposals or |
1762 | qualifications, is advertised once in a newspaper in general |
1763 | circulation in the county and in the district or on a publicly |
1764 | accessible website maintained by the district. Any board seeking |
1765 | to construct or improve a public building, structure, or other |
1766 | public works shall comply with the bidding procedures of s. |
1767 | 255.20 and other applicable general law. In each case, the bid |
1768 | of the lowest responsive and responsible bidder shall be |
1769 | accepted unless all bids are rejected because the bids are too |
1770 | high, or the board determines it is in the best interests of the |
1771 | district to reject all bids. In each case in which requests for |
1772 | proposals, qualifications, or other competitive solicitations |
1773 | are used, the district shall determine which response is most |
1774 | advantageous for the district and award the contract to that |
1775 | proposer. The board may require the bidders or proposers to |
1776 | furnish bond with a responsible surety to be approved by the |
1777 | board. If the district does not receive a response to its |
1778 | competitive solicitation, the district may proceed to purchase |
1779 | such goods, supplies, materials, or construction services in the |
1780 | manner it deems in the best interests of the district. Nothing |
1781 | in this section shall prevent the board from undertaking and |
1782 | performing the construction, operation, and maintenance of any |
1783 | project or facility authorized by this act by the employment of |
1784 | labor, material, and machinery. |
1785 | Section 48. Subsection (4) of section 191.005, Florida |
1786 | Statutes, is amended to read: |
1787 | 191.005 District boards of commissioners; membership, |
1788 | officers, meetings.- |
1789 | (4) Members of the board may each be paid a salary or |
1790 | honorarium to be determined by at least a majority plus one vote |
1791 | of the board, which salary or honorarium may not exceed $500 per |
1792 | month for each member. Special notice of any meeting at which |
1793 | the board will consider a salary change for a board member shall |
1794 | be published at least once, at least 14 days before prior to the |
1795 | meeting, in a newspaper of general circulation in the county in |
1796 | which the district is located or published daily during the 14 |
1797 | days immediately preceding the meeting on a publicly accessible |
1798 | website maintained by the district. Separate compensation for |
1799 | the board member serving as treasurer may be authorized by like |
1800 | vote so long as total compensation for the board member does not |
1801 | exceed $500 per month. Members may be reimbursed for travel and |
1802 | per diem expenses as provided in s. 112.061. |
1803 | Section 49. Paragraph (i) of subsection (1) and paragraph |
1804 | (g) of subsection (2) of section 192.0105, Florida Statutes, are |
1805 | amended to read: |
1806 | 192.0105 Taxpayer rights.-There is created a Florida |
1807 | Taxpayer's Bill of Rights for property taxes and assessments to |
1808 | guarantee that the rights, privacy, and property of the |
1809 | taxpayers of this state are adequately safeguarded and protected |
1810 | during tax levy, assessment, collection, and enforcement |
1811 | processes administered under the revenue laws of this state. The |
1812 | Taxpayer's Bill of Rights compiles, in one document, brief but |
1813 | comprehensive statements that summarize the rights and |
1814 | obligations of the property appraisers, tax collectors, clerks |
1815 | of the court, local governing boards, the Department of Revenue, |
1816 | and taxpayers. Additional rights afforded to payors of taxes and |
1817 | assessments imposed under the revenue laws of this state are |
1818 | provided in s. 213.015. The rights afforded taxpayers to assure |
1819 | that their privacy and property are safeguarded and protected |
1820 | during tax levy, assessment, and collection are available only |
1821 | insofar as they are implemented in other parts of the Florida |
1822 | Statutes or rules of the Department of Revenue. The rights so |
1823 | guaranteed to state taxpayers in the Florida Statutes and the |
1824 | departmental rules include: |
1825 | (1) THE RIGHT TO KNOW.- |
1826 | (i) The right to an advertisement in a newspaper or on a |
1827 | publicly accessible website maintained by the entity responsible |
1828 | for publication listing names of taxpayers who are delinquent in |
1829 | paying tangible personal property taxes, with amounts due, and |
1830 | giving notice that interest is accruing at 18 percent and that, |
1831 | unless taxes are paid, warrants will be issued, prior to |
1832 | petition made with the circuit court for an order to seize and |
1833 | sell property (see s. 197.402(2)). |
1834 | (2) THE RIGHT TO DUE PROCESS.- |
1835 | (g) The right to be mailed a timely written decision by |
1836 | the value adjustment board containing findings of fact and |
1837 | conclusions of law and reasons for upholding or overturning the |
1838 | determination of the property appraiser, and the right to |
1839 | advertised notice, including notice on a publicly accessible |
1840 | website, of all board actions, including appropriate narrative |
1841 | and column descriptions, in brief and nontechnical language (see |
1842 | ss. 194.034(2) and 194.037(3)). |
1843 | Section 50. Subsection (1) of section 194.037, Florida |
1844 | Statutes, is amended to read: |
1845 | 194.037 Disclosure of tax impact.- |
1846 | (1) After hearing all petitions, complaints, appeals, and |
1847 | disputes, the clerk shall make public notice of the findings and |
1848 | results of the board. If advertised in the newspaper, the |
1849 | advertisement shall be in at least a quarter-page size |
1850 | advertisement of a standard size or tabloid size newspaper, and |
1851 | the headline shall be in a type no smaller than 18 point. If |
1852 | advertised in the newspaper, the advertisement shall not be |
1853 | placed in that portion of the newspaper where legal notices and |
1854 | classified advertisements appear. The advertisement shall be |
1855 | published in a newspaper of general paid circulation in the |
1856 | county or on a publicly accessible website maintained by the |
1857 | entity responsible for publication. If the advertisement is |
1858 | published in a newspaper, the newspaper selected shall be one of |
1859 | general interest and readership in the community, and not one of |
1860 | limited subject matter, pursuant to chapter 50. The headline |
1861 | shall read: TAX IMPACT OF VALUE ADJUSTMENT BOARD. The public |
1862 | notice shall list the members of the value adjustment board and |
1863 | the taxing authorities to which they are elected. The form shall |
1864 | show, in columnar form, for each of the property classes listed |
1865 | under subsection (2), the following information, with |
1866 | appropriate column totals: |
1867 | (a) In the first column, the number of parcels for which |
1868 | the board granted exemptions that had been denied or that had |
1869 | not been acted upon by the property appraiser. |
1870 | (b) In the second column, the number of parcels for which |
1871 | petitions were filed concerning a property tax exemption. |
1872 | (c) In the third column, the number of parcels for which |
1873 | the board considered the petition and reduced the assessment |
1874 | from that made by the property appraiser on the initial |
1875 | assessment roll. |
1876 | (d) In the fourth column, the number of parcels for which |
1877 | petitions were filed but not considered by the board because |
1878 | such petitions were withdrawn or settled prior to the board's |
1879 | consideration. |
1880 | (e) In the fifth column, the number of parcels for which |
1881 | petitions were filed requesting a change in assessed value, |
1882 | including requested changes in assessment classification. |
1883 | (f) In the sixth column, the net change in taxable value |
1884 | from the assessor's initial roll which results from board |
1885 | decisions. |
1886 | (g) In the seventh column, the net shift in taxes to |
1887 | parcels not granted relief by the board. The shift shall be |
1888 | computed as the amount shown in column 6 multiplied by the |
1889 | applicable millage rates adopted by the taxing authorities in |
1890 | hearings held pursuant to s. 200.065(2)(d) or adopted by vote of |
1891 | the electors pursuant to s. 9(b) or s. 12, Art. VII of the State |
1892 | Constitution, but without adjustment as authorized pursuant to |
1893 | s. 200.065(6). If for any taxing authority the hearing has not |
1894 | been completed at the time the notice required herein is |
1895 | prepared, the millage rate used shall be that adopted in the |
1896 | hearing held pursuant to s. 200.065(2)(c). |
1897 | Section 51. Paragraph (a) of subsection (3) of section |
1898 | 197.3632, Florida Statutes, is amended to read: |
1899 | 197.3632 Uniform method for the levy, collection, and |
1900 | enforcement of non-ad valorem assessments.- |
1901 | (3)(a) Notwithstanding any other provision of law to the |
1902 | contrary, a local government which is authorized to impose a |
1903 | non-ad valorem assessment and which elects to use the uniform |
1904 | method of collecting such assessment for the first time as |
1905 | authorized in this section shall adopt a resolution at a public |
1906 | hearing before prior to January 1 or, if the property appraiser, |
1907 | tax collector, and local government agree, March 1. The |
1908 | resolution shall clearly state its intent to use the uniform |
1909 | method of collecting such assessment. The local government shall |
1910 | publish notice of its intent to use the uniform method for |
1911 | collecting such assessment weekly in a newspaper of general |
1912 | circulation within each county contained in the boundaries of |
1913 | the local government for 4 consecutive weeks preceding the |
1914 | hearing or daily during the 4 consecutive weeks immediately |
1915 | preceding the hearing on a publicly accessible website |
1916 | maintained by the local government. The resolution shall state |
1917 | the need for the levy and shall include a legal description of |
1918 | the boundaries of the real property subject to the levy. If the |
1919 | resolution is adopted, the local governing board shall send a |
1920 | copy of it by United States mail to the property appraiser, the |
1921 | tax collector, and the department by January 10 or, if the |
1922 | property appraiser, tax collector, and local government agree, |
1923 | March 10. |
1924 | Section 52. Paragraphs (d) and (f) of subsection (2), |
1925 | paragraph (g) of subsection (3), paragraph (b) of subsection |
1926 | (12), and paragraph (a) of subsection (14) of section 200.065, |
1927 | Florida Statutes, are amended to read: |
1928 | 200.065 Method of fixing millage.- |
1929 | (2) No millage shall be levied until a resolution or |
1930 | ordinance has been approved by the governing board of the taxing |
1931 | authority which resolution or ordinance must be approved by the |
1932 | taxing authority according to the following procedure: |
1933 | (d) Within 15 days after the meeting adopting the |
1934 | tentative budget, the taxing authority shall advertise in a |
1935 | newspaper of general circulation in the county as provided in |
1936 | subsection (3), its intent to finally adopt a millage rate and |
1937 | budget or advertise on its publicly accessible website its |
1938 | intent to finally adopt a millage rate and budget, and shall |
1939 | maintain the notice on its website until completion of the |
1940 | hearing. If advertised in a newspaper, a public hearing to |
1941 | finalize the budget and adopt a millage rate shall be held not |
1942 | less than 2 days nor more than 5 days after the day that the |
1943 | advertisement is first published. During the hearing, the |
1944 | governing body of the taxing authority shall amend the adopted |
1945 | tentative budget as it sees fit, adopt a final budget, and adopt |
1946 | a resolution or ordinance stating the millage rate to be levied. |
1947 | The resolution or ordinance shall state the percent, if any, by |
1948 | which the millage rate to be levied exceeds the rolled-back rate |
1949 | computed pursuant to subsection (1), which shall be |
1950 | characterized as the percentage increase in property taxes |
1951 | adopted by the governing body. The adoption of the budget and |
1952 | the millage-levy resolution or ordinance shall be by separate |
1953 | votes. For each taxing authority levying millage, the name of |
1954 | the taxing authority, the rolled-back rate, the percentage |
1955 | increase, and the millage rate to be levied shall be publicly |
1956 | announced before prior to the adoption of the millage-levy |
1957 | resolution or ordinance. In no event may The millage rate |
1958 | adopted pursuant to this paragraph may not exceed the millage |
1959 | rate tentatively adopted pursuant to paragraph (c). If the rate |
1960 | tentatively adopted pursuant to paragraph (c) exceeds the |
1961 | proposed rate provided to the property appraiser pursuant to |
1962 | paragraph (b), or as subsequently adjusted pursuant to |
1963 | subsection (11), each taxpayer within the jurisdiction of the |
1964 | taxing authority shall be sent notice by first-class mail of his |
1965 | or her taxes under the tentatively adopted millage rate and his |
1966 | or her taxes under the previously proposed rate. The notice must |
1967 | be prepared by the property appraiser, at the expense of the |
1968 | taxing authority, and must generally conform to the requirements |
1969 | of s. 200.069. If such additional notice is necessary, its |
1970 | mailing must precede the hearing held pursuant to this paragraph |
1971 | by not less than 10 days and not more than 15 days. |
1972 | (f)1. Notwithstanding any provisions of paragraph (c) to |
1973 | the contrary, each school district shall advertise its intent to |
1974 | adopt a tentative budget in a newspaper of general circulation |
1975 | pursuant to subsection (3) or on the school district's publicly |
1976 | accessible website within 29 days after of certification of |
1977 | value pursuant to subsection (1). Not less than 2 days or more |
1978 | than 5 days thereafter, the district shall hold a public hearing |
1979 | on the tentative budget pursuant to the applicable provisions of |
1980 | paragraph (c). The advertisement shall remain on the website or |
1981 | in the newspaper through the date of the hearing. |
1982 | 2. Notwithstanding any provisions of paragraph (b) to the |
1983 | contrary, each school district shall advise the property |
1984 | appraiser of its recomputed proposed millage rate within 35 days |
1985 | after of certification of value pursuant to subsection (1). The |
1986 | recomputed proposed millage rate of the school district shall be |
1987 | considered its proposed millage rate for the purposes of |
1988 | paragraph (b). |
1989 | 3. Notwithstanding any provisions of paragraph (d) to the |
1990 | contrary, each school district shall hold a public hearing to |
1991 | finalize the budget and adopt a millage rate within 80 days |
1992 | after of certification of value pursuant to subsection (1), but |
1993 | not earlier than 65 days after certification. The hearing shall |
1994 | be held in accordance with the applicable provisions of |
1995 | paragraph (d), except that a newspaper advertisement need not |
1996 | precede the hearing. |
1997 | (3) The advertisement shall be no less than one-quarter |
1998 | page in size of a standard size or a tabloid size newspaper, and |
1999 | the headline in the advertisement shall be in a type no smaller |
2000 | than 18 point. The advertisement shall not be placed in that |
2001 | portion of the newspaper where legal notices and classified |
2002 | advertisements appear. The advertisement shall be published in a |
2003 | newspaper of general paid circulation in the county or in a |
2004 | geographically limited insert of such newspaper. The geographic |
2005 | boundaries in which such insert is circulated shall include the |
2006 | geographic boundaries of the taxing authority. It is the |
2007 | legislative intent that, whenever possible, the advertisement |
2008 | appear in a newspaper that is published at least 5 days a week |
2009 | unless the only newspaper in the county is published less than 5 |
2010 | days a week, or that the advertisement appear in a |
2011 | geographically limited insert of such newspaper which insert is |
2012 | published throughout the taxing authority's jurisdiction at |
2013 | least twice each week. It is further the legislative intent that |
2014 | the newspaper selected be one of general interest and readership |
2015 | in the community and not one of limited subject matter, pursuant |
2016 | to chapter 50. |
2017 | (g) If In the event that the mailing of the notice of |
2018 | proposed property taxes is delayed beyond September 3 in a |
2019 | county, any multicounty taxing authority which levies ad valorem |
2020 | taxes within that county shall advertise its intention to adopt |
2021 | a tentative budget and millage rate on a publicly accessible |
2022 | website maintained by the taxing authority or in a newspaper of |
2023 | paid general circulation within that county, as provided in this |
2024 | subsection, and shall hold the hearing required pursuant to |
2025 | paragraph (2)(c). If advertised in the newspaper, the hearing |
2026 | shall be held not less than 2 days or more than 5 days |
2027 | thereafter, and not later than September 18. If advertised on |
2028 | the website, the hearing shall be held not less than 2 days |
2029 | after initial publication of the advertisement on the website |
2030 | and not later than September 18, and shall remain on the website |
2031 | until the date of the hearing. The advertisement shall be in the |
2032 | following form, unless the proposed millage rate is less than or |
2033 | equal to the rolled-back rate, computed pursuant to subsection |
2034 | (1), in which case the advertisement shall be as provided in |
2035 | paragraph (e): |
2036 | NOTICE OF TAX INCREASE |
2037 |
|
2038 | The ...(name of the taxing authority)... proposes to |
2039 | increase its property tax levy by ...(percentage of increase |
2040 | over rolled-back rate)... percent. |
2041 | All concerned citizens are invited to attend a public |
2042 | hearing on the proposed tax increase to be held on ...(date and |
2043 | time)... at ...(meeting place).... |
2044 | (12) The time periods specified in this section shall be |
2045 | determined by using the date of certification of value pursuant |
2046 | to subsection (1) or July 1, whichever date is later, as day 1. |
2047 | The time periods shall be considered directory and may be |
2048 | shortened, provided: |
2049 | (b) Any public hearing preceded by a newspaper |
2050 | advertisement is held not less than 2 days or more than 5 days |
2051 | following publication of such advertisement and any public |
2052 | hearing preceded by advertisement on a website advertisement is |
2053 | held not less than 2 days after initial publication; and |
2054 | (14)(a) If the notice of proposed property taxes mailed to |
2055 | taxpayers under this section contains an error, the property |
2056 | appraiser, in lieu of mailing a corrected notice to all |
2057 | taxpayers, may correct the error by mailing a short form of the |
2058 | notice to those taxpayers affected by the error and its |
2059 | correction. The notice shall be prepared by the property |
2060 | appraiser at the expense of the taxing authority which caused |
2061 | the error or at the property appraiser's expense if he or she |
2062 | caused the error. The form of the notice must be approved by the |
2063 | executive director of the Department of Revenue or the executive |
2064 | director's designee. If the error involves only the date and |
2065 | time of the public hearings required by this section, the |
2066 | property appraiser, with the permission of the taxing authority |
2067 | affected by the error, may correct the error by advertising the |
2068 | corrected information on a publicly accessible website |
2069 | maintained by the taxing authority or in a newspaper of general |
2070 | circulation in the county as provided in subsection (3). |
2071 | Section 53. Section 205.032, Florida Statutes, is amended |
2072 | to read: |
2073 | 205.032 Levy; counties.-The governing body of a county may |
2074 | levy, by appropriate resolution or ordinance, a business tax for |
2075 | the privilege of engaging in or managing any business, |
2076 | profession, or occupation within its jurisdiction. However, the |
2077 | governing body must first give at least 14 days' public notice |
2078 | between the first and last reading of the resolution or |
2079 | ordinance by publishing a notice in a newspaper of general |
2080 | circulation within its jurisdiction as defined by law or by |
2081 | publishing the notice daily for at least 14 days during the |
2082 | period between the first and last reading of the resolution or |
2083 | ordinance on a publicly accessible website maintained by the |
2084 | county. The public notice must contain the proposed |
2085 | classifications and rates applicable to the business tax. |
2086 | Section 54. Section 205.042, Florida Statutes, is amended |
2087 | to read: |
2088 | 205.042 Levy; municipalities.-The governing body of an |
2089 | incorporated municipality may levy, by appropriate resolution or |
2090 | ordinance, a business tax for the privilege of engaging in or |
2091 | managing any business, profession, or occupation within its |
2092 | jurisdiction. However, the governing body must first give at |
2093 | least 14 days' public notice between the first and last reading |
2094 | of the resolution or ordinance by publishing the notice in a |
2095 | newspaper of general circulation within its jurisdiction as |
2096 | defined by law or by publishing the notice daily for at least 14 |
2097 | days during the period between the first and last reading of the |
2098 | resolution or ordinance on a publicly accessible website |
2099 | maintained by the county. The notice must contain the proposed |
2100 | classifications and rates applicable to the business tax. The |
2101 | business tax may be levied on: |
2102 | (1) Any person who maintains a permanent business location |
2103 | or branch office within the municipality, for the privilege of |
2104 | engaging in or managing any business within its jurisdiction. |
2105 | (2) Any person who maintains a permanent business location |
2106 | or branch office within the municipality, for the privilege of |
2107 | engaging in or managing any profession or occupation within its |
2108 | jurisdiction. |
2109 | (3) Any person who does not qualify under subsection (1) |
2110 | or subsection (2) and who transacts any business or engages in |
2111 | any occupation or profession in interstate commerce, if the |
2112 | business tax is not prohibited by s. 8, Art. I of the United |
2113 | States Constitution. |
2114 | Section 55. Subsection (2) of section 255.0525, Florida |
2115 | Statutes, is amended to read: |
2116 | 255.0525 Advertising for competitive bids or proposals.- |
2117 | (2) The solicitation of competitive bids or proposals for |
2118 | any county, municipality, or other political subdivision |
2119 | construction project that is projected to cost more than |
2120 | $200,000 shall be publicly advertised at least once in a |
2121 | newspaper of general circulation in the county where the project |
2122 | is located at least 21 days before prior to the established bid |
2123 | opening and at least 5 days before prior to any scheduled prebid |
2124 | conference, or advertised daily during the 21-day period |
2125 | immediately preceding the established bid opening date and daily |
2126 | during the 5-day period immediately preceding any scheduled |
2127 | prebid conference on a publicly accessible website maintained by |
2128 | the entity responsible for publication. The solicitation of |
2129 | competitive bids or proposals for any county, municipality, or |
2130 | other political subdivision construction project that is |
2131 | projected to cost more than $500,000 shall be publicly |
2132 | advertised at least once in a newspaper of general circulation |
2133 | in the county where the project is located at least 30 days |
2134 | before prior to the established bid opening and at least 5 days |
2135 | before prior to any scheduled prebid conference, or advertised |
2136 | daily during the 30-day period immediately preceding the |
2137 | established bid opening date and daily during the 5-day period |
2138 | immediately preceding any scheduled prebid conference on a |
2139 | publicly accessible website maintained by the entity responsible |
2140 | for publication. Bids or proposals shall be received and opened |
2141 | at the location, date, and time established in the bid or |
2142 | proposal advertisement. In cases of emergency, the procedures |
2143 | required in this section may be altered by the local |
2144 | governmental entity in any manner that is reasonable under the |
2145 | emergency circumstances. |
2146 | Section 56. Section 274.06, Florida Statutes, is amended |
2147 | to read: |
2148 | 274.06 Alternative procedure.-Having consideration for the |
2149 | best interests of the county or district, a governmental unit's |
2150 | property that is obsolete or the continued use of which is |
2151 | uneconomical or inefficient, or which serves no useful function, |
2152 | which property is not otherwise lawfully disposed of, may be |
2153 | disposed of for value to any person, or may be disposed of for |
2154 | value without bids to the state, to any governmental unit, or to |
2155 | any political subdivision as defined in s. 1.01, or if the |
2156 | property is without commercial value it may be donated, |
2157 | destroyed, or abandoned. The determination of property to be |
2158 | disposed of by a governmental unit pursuant to this section |
2159 | instead of pursuant to other provisions of law shall be at the |
2160 | election of such governmental unit in the reasonable exercise of |
2161 | its discretion. Property, the value of which the governmental |
2162 | unit estimates to be under $5,000, may be disposed of in the |
2163 | most efficient and cost-effective means as determined by the |
2164 | governmental unit. Any sale of property the value of which the |
2165 | governmental unit estimates to be $5,000 or more shall be sold |
2166 | only to the highest responsible bidder, or by public auction, |
2167 | after publication of notice not less than 1 week nor more than 2 |
2168 | weeks before such prior to sale in a newspaper having a general |
2169 | circulation in the county or district in which is located the |
2170 | official office of the governmental unit, and in additional |
2171 | newspapers if in the judgment of the governmental unit the best |
2172 | interests of the county or district will better be served by the |
2173 | additional notices, or daily during the 2 weeks immediately |
2174 | preceding such sale on a publicly accessible website maintained |
2175 | by the entity responsible for publication. This section does |
2176 | not; provided that nothing herein contained shall be construed |
2177 | to require the sheriff of a county to advertise the sale of |
2178 | miscellaneous contraband of an estimated value of less than |
2179 | $5,000. |
2180 | Section 57. Subsection (3) of section 290.0057, Florida |
2181 | Statutes, is amended to read: |
2182 | 290.0057 Enterprise zone development plan.- |
2183 | (3) Prior to adopting the strategic plan, the governing |
2184 | body or bodies shall hold a public hearing on the strategic plan |
2185 | after public notice thereof by publication in a newspaper having |
2186 | a general circulation in the area of operation of the governing |
2187 | body or bodies or by publication on a publicly accessible |
2188 | website maintained by the entity responsible for publication. |
2189 | The notice shall describe the time, date, place, and purpose of |
2190 | the hearing, identify the nominated area covered by the plan, |
2191 | and outline the general scope of the strategic plan under |
2192 | consideration. |
2193 | Section 58. Subsections (2) and (6) of section 298.301, |
2194 | Florida Statutes, are amended to read: |
2195 | 298.301 District water control plan adoption; district |
2196 | boundary modification; plan amendment; notice forms; objections; |
2197 | hearings; assessments.- |
2198 | (2) Before adopting a water control plan or plan |
2199 | amendment, the board of supervisors must adopt a resolution to |
2200 | consider adoption of the proposed plan or plan amendment. As |
2201 | soon as the resolution proposing the adoption or amendment of |
2202 | the district's water control plan has been filed with the |
2203 | district secretary, the board of supervisors shall give notice |
2204 | of a public hearing on the proposed plan or plan amendment by |
2205 | causing publication to be made once a week for 3 consecutive |
2206 | weeks in a newspaper of general circulation published in each |
2207 | county in which lands and other property described in the |
2208 | resolution are situated or by publication daily for 3 |
2209 | consecutive weeks on a publicly accessible website maintained by |
2210 | the entity responsible for such publication. The notice must be |
2211 | in substantially the following form: |
2212 |
|
2213 | Notice of Hearing |
2214 |
|
2215 | To the owners and all persons interested in the lands |
2216 | corporate, and other property in and adjacent to the ...name of |
2217 | district... District. |
2218 | You are notified that the ...name of district... District |
2219 | has filed in the office of the secretary of the district a |
2220 | resolution to consider approval of a water control plan or an |
2221 | amendment to the current water control plan to provide ...here |
2222 | insert a summary of the proposed water control plan or plan |
2223 | amendment.... On or before its scheduled meeting of ...(date and |
2224 | time)... at the district's offices located at ...(list address |
2225 | of offices)... written objections to the proposed plan or plan |
2226 | amendment may be filed at the district's offices. A public |
2227 | hearing on the proposed plan or plan amendment will be conducted |
2228 | at the scheduled meeting, and written objections will be |
2229 | considered at that time. At the conclusion of the hearing, the |
2230 | board of supervisors may determine to proceed with the process |
2231 | for approval of the proposed plan or plan amendment and direct |
2232 | the district engineer to prepare an engineer's report |
2233 | identifying any property to be taken, determining benefits and |
2234 | damages, and estimating the cost of implementing the |
2235 | improvements associated with the proposed plan or plan |
2236 | amendment. A final hearing on approval of the proposed plan or |
2237 | plan amendment and engineer's report shall be duly noticed and |
2238 | held at a regularly scheduled board of supervisors meeting at |
2239 | least 25 days but no later than 60 days after the last scheduled |
2240 | publication of the notice of filing of the engineer's report |
2241 | with the secretary of the district. |
2242 |
|
2243 | Date of first publication: ........, ...(year)... |
2244 | ............................................ |
2245 | (Chair or President, Board of Supervisors) |
2246 | ................ County, Florida |
2247 | (6) Upon the filing of the engineer's report, the board of |
2248 | supervisors shall give notice thereof by arranging the |
2249 | publication of the notice of filing of the engineer's report |
2250 | together with a geographical depiction of the district once a |
2251 | week for 2 consecutive weeks in a newspaper of general |
2252 | circulation in each county in the district or by publishing such |
2253 | notice daily for 3 consecutive weeks on a publicly accessible |
2254 | website maintained by the entity responsible for such |
2255 | publication. A location map or legal description of the land |
2256 | shall constitute a geographical depiction. The notice must be |
2257 | substantially as follows: |
2258 | Notice of Filing Engineer's Report for |
2259 | ................ District |
2260 |
|
2261 | Notice is given to all persons interested in the following |
2262 | described land and property in ........ County (or Counties), |
2263 | Florida, viz.: ...(Here describe land and property)... included |
2264 | within the ............ district that the engineer hereto |
2265 | appointed to determine benefits and damages to the property and |
2266 | lands situated in the district and to determine the estimated |
2267 | cost of construction required by the water control plan, within |
2268 | or without the limits of the district, under the proposed water |
2269 | control plan or plan amendment, filed her or his report in the |
2270 | office of the secretary of the district, located at ...(list |
2271 | address of district offices)..., on the ........ day of |
2272 | ............, ...(year)..., and you may examine the report and |
2273 | file written objections with the secretary of the district to |
2274 | all, or any part thereof, on or before ......(enter date 20 days |
2275 | after the last scheduled publication of this notice, if |
2276 | published in the newspaper, or if published on the website, |
2277 | enter date 60 days after the initial publication on the website, |
2278 | which date must be before the date of the final hearing).... The |
2279 | report recommends ...(describe benefits and damages).... A final |
2280 | hearing to consider approval of the report and proposed water |
2281 | control plan or plan amendment shall be held ...(time, place, |
2282 | and date at least 25 days but no later than 60 days after the |
2283 | last scheduled newspaper publication of this notice, or if |
2284 | published on the website, no less than 60 days after the initial |
2285 | publication on the website).... |
2286 |
|
2287 | Date of first publication: ........, ...(year)... |
2288 | ............................................ |
2289 | (Chair or President, Board of Supervisors) |
2290 | ................ County, Florida |
2291 | Section 59. Subsection (3) of section 348.243, Florida |
2292 | Statutes, is amended to read: |
2293 | 348.243 Purposes and powers.- |
2294 | (3) Any provision in this part or any other provision of |
2295 | law to the contrary notwithstanding, the consent of any |
2296 | municipality is not necessary for any project of the authority, |
2297 | whether or not the project lies in whole or in part within the |
2298 | boundaries of the municipality. However, the officials and |
2299 | residents of any municipality in which any project of the |
2300 | authority is to be located, in whole or in part, shall be given |
2301 | ample opportunity to discuss the project and advise the |
2302 | authority as to their positions thereon at a duly advertised |
2303 | public hearing. Advertisement of the public hearing shall be by |
2304 | publication on a publicly accessible website maintained by the |
2305 | entity responsible for publication daily during the 2 weeks |
2306 | immediately preceding the public hearing, or by way of a |
2307 | newspaper published in Broward County and circulated in the |
2308 | affected municipality. If published in a newspaper, the legal |
2309 | notice and display advertisement shall be published at least 2 |
2310 | weeks before the public hearing. Advertisement of the public |
2311 | hearing and shall contain the time and place of the public |
2312 | hearing and a short description of the subject to be discussed. |
2313 | The public hearing may be adjourned from time to time and set |
2314 | for a time and place certain without the necessity of further |
2315 | advertisement. In routing and locating any expressway or its |
2316 | interchanges in or through a municipality, the authority shall |
2317 | give due regard to the effect of such location on the |
2318 | municipality as a whole and shall not unreasonably split, |
2319 | divide, or otherwise separate areas of the municipality one from |
2320 | the other. |
2321 | Section 60. Subsection (4) of section 348.83, Florida |
2322 | Statutes, is amended to read: |
2323 | 348.83 Purposes and powers.- |
2324 | (4) Anything in this part or any other provision of the |
2325 | law to the contrary notwithstanding, the consent of any |
2326 | municipality shall not be necessary for any project of the |
2327 | authority, whether or not the project lies within the boundaries |
2328 | of any municipality either in whole or in part. However, the |
2329 | officials and residents of any municipality in which any project |
2330 | of the authority is to be located in whole or in part shall be |
2331 | given ample opportunity to discuss the project and advise the |
2332 | authority as to their position thereon at a duly advertised |
2333 | public hearing. Advertisement of said public hearing shall be by |
2334 | publication on a publicly accessible website maintained by the |
2335 | entity responsible for publication daily during the 2 weeks |
2336 | immediately preceding the public hearing or by way of a |
2337 | newspaper published in Pasco County and circulated in the |
2338 | affected municipalities. If published in a newspaper, the Said |
2339 | legal advertisement shall be published once at least 2 weeks |
2340 | before prior to the public hearing. Advertisement of the public |
2341 | hearing and shall contain the time and place of the public |
2342 | hearing and a short description of the subject to be discussed. |
2343 | The public hearing may be adjourned from time to time and set |
2344 | for a time and place certain without necessity of further |
2345 | advertisement. |
2346 | Section 61. Subsection (3) of section 348.943, Florida |
2347 | Statutes, is amended to read: |
2348 | 348.943 Purposes and powers.- |
2349 | (3) Any provision in this part or any other provision of |
2350 | law to the contrary notwithstanding, the consent of any |
2351 | municipality is not necessary for any project of the authority, |
2352 | whether or not the project lies in whole or in part within the |
2353 | boundaries of the municipality. However, the officials and |
2354 | residents of any municipality in which any project of the |
2355 | authority is to be located, in whole or in part, shall be given |
2356 | ample opportunity to discuss the project and advise the |
2357 | authority as to their positions thereon at a duly advertised |
2358 | public hearing. Advertisement of the public hearing shall be by |
2359 | publication on a publicly accessible website maintained by the |
2360 | entity responsible for publication daily during the 2 weeks |
2361 | immediately preceding the public hearing or by way of a |
2362 | newspaper published in St. Lucie County and circulated in the |
2363 | affected municipality. If published in a newspaper, the legal |
2364 | notice and display advertisement shall be published at least 2 |
2365 | weeks before the public hearing. Advertisement of the public |
2366 | hearing and shall contain the time and place of the public |
2367 | hearing and a short description of the subject to be discussed. |
2368 | The public hearing may be adjourned from time to time and set |
2369 | for a time and place certain without the necessity of further |
2370 | advertisement. In routing and locating any expressway or its |
2371 | interchanges in or through a municipality, the authority shall |
2372 | give due regard to the effect of such location on the |
2373 | municipality as a whole and shall not unreasonably split, |
2374 | divide, or otherwise separate areas of the municipality one from |
2375 | the other. |
2376 | Section 62. Subsection (4) of section 348.953, Florida |
2377 | Statutes, is amended to read: |
2378 | 348.953 Purposes and powers.- |
2379 | (4) Anything in this part or any other provision of the |
2380 | law to the contrary notwithstanding, the consent of any |
2381 | municipality shall not be necessary for any project of the |
2382 | authority, whether or not the project lies within the boundaries |
2383 | of any municipality, either in whole or in part. However, the |
2384 | officials and residents of any municipality in which any project |
2385 | of the authority is to be located, in whole or in part, shall be |
2386 | given ample opportunity to discuss the project and advise the |
2387 | authority as to their position thereon at a duly advertised |
2388 | public hearing. Advertisement of the public hearing shall be by |
2389 | publication on a publicly accessible website maintained by the |
2390 | entity responsible for publication daily during the 2 weeks |
2391 | immediately preceding the public hearing or by way of a |
2392 | newspaper published in Seminole County and circulated in the |
2393 | affected municipalities. If published in a newspaper, the legal |
2394 | advertisement shall be published once at least 2 weeks before |
2395 | prior to the public hearing. Advertisement of the public hearing |
2396 | and shall contain the time and place of the public hearing and a |
2397 | short description of the subject to be discussed. The public |
2398 | hearing may be adjourned from time to time and set for a time |
2399 | and place certain without necessity of further advertisement. In |
2400 | routing and locating any expressway or its interchanges in or |
2401 | through a municipality, the authority shall give due regard to |
2402 | the effect of such location on the municipality as a whole and |
2403 | shall not unreasonably split, divide, or otherwise separate |
2404 | areas of the municipality one from the other. |
2405 | Section 63. Subsection (3) of section 348.968, Florida |
2406 | Statutes, is amended to read: |
2407 | 348.968 Purposes and powers.- |
2408 | (3) Any provision in this part or any other provision of |
2409 | law to the contrary notwithstanding, the consent of any |
2410 | municipality is not necessary for any project of the authority, |
2411 | whether or not the project lies in whole or in part within the |
2412 | boundaries of the municipality. However, the officials and |
2413 | residents of any municipality in which any project of the |
2414 | authority is to be located, in whole or in part, shall be given |
2415 | ample opportunity to discuss the project and advise the |
2416 | authority as to their positions thereon at a duly advertised |
2417 | public hearing. Advertisement of the public hearing shall be by |
2418 | publication on a publicly accessible website maintained by the |
2419 | entity responsible for publication daily during the 2 weeks |
2420 | immediately preceding the public hearing or by way of a |
2421 | newspaper published in Santa Rosa County and circulated in the |
2422 | affected municipality. If published in a newspaper, the legal |
2423 | notice and display advertisement shall be published at least 2 |
2424 | weeks before the public hearing. Advertisement of the public |
2425 | hearing and shall contain the time and place of the public |
2426 | hearing and a short description of the subject to be discussed. |
2427 | The public hearing may be adjourned from time to time and set |
2428 | for a time and place certain without the necessity of further |
2429 | advertisement. In routing and locating any expressway or its |
2430 | interchanges in or through a municipality, the authority shall |
2431 | give due regard to the effect of such location on the |
2432 | municipality as a whole and shall not unreasonably split, |
2433 | divide, or otherwise separate areas of the municipality one from |
2434 | the other. |
2435 | Section 64. Paragraph (a) of subsection (2) of section |
2436 | 350.81, Florida Statutes, is amended to read: |
2437 | 350.81 Communications services offered by governmental |
2438 | entities.- |
2439 | (2)(a) A governmental entity that proposes to provide a |
2440 | communications service shall hold no less than two public |
2441 | hearings, which shall be held not less than 30 days apart. At |
2442 | least 30 days before the first of the two public hearings, the |
2443 | governmental entity must give notice of the hearing by |
2444 | publication in the predominant newspaper of general circulation |
2445 | in the area considered for service or by publication daily |
2446 | during the 30 days immediately preceding the first of the two |
2447 | public hearings on a publicly accessible website maintained by |
2448 | the entity responsible for such publication. At least 40 days |
2449 | before the first public hearing, the governmental entity must |
2450 | electronically provide notice to the Department of Revenue and |
2451 | the Public Service Commission, which shall post the notice on |
2452 | the department's and the commission's website to be available to |
2453 | the public. The Department of Revenue shall also send the notice |
2454 | by United States Postal Service to the known addresses for all |
2455 | dealers of communications services registered with the |
2456 | department under chapter 202 or provide an electronic |
2457 | notification, if the means are available, within 10 days after |
2458 | receiving the notice. The notice must include the time and place |
2459 | of the hearings and must state that the purpose of the hearings |
2460 | is to consider whether the governmental entity will provide |
2461 | communications services. The notice must include, at a minimum, |
2462 | the geographic areas proposed to be served by the governmental |
2463 | entity and the services, if any, which the governmental entity |
2464 | believes are not currently being adequately provided. The notice |
2465 | must also state that any dealer who wishes to do so may appear |
2466 | and be heard at the public hearings. |
2467 | Section 65. Paragraph (c) of subsection (8) of section |
2468 | 373.4592, Florida Statutes, is amended to read: |
2469 | 373.4592 Everglades improvement and management.- |
2470 | (8) SPECIAL ASSESSMENTS.- |
2471 | (c) The district shall publish notice of the certification |
2472 | of the non-ad valorem assessment roll pursuant to chapter 197 in |
2473 | a newspaper of general circulation in the counties wherein the |
2474 | assessment is being levied, within 1 week after the district |
2475 | certifies the non-ad valorem assessment roll to the tax |
2476 | collector pursuant to s. 197.3632(5), or on a publicly |
2477 | accessible website maintained by the district during the week |
2478 | after the district certifies the non-ad valorem assessment roll |
2479 | to the tax collector. The assessments levied pursuant to |
2480 | paragraph (a) shall be final and conclusive as to each lot or |
2481 | parcel unless the owner thereof shall, within 90 days after of |
2482 | certification of the non-ad valorem assessment roll pursuant to |
2483 | s. 197.3632(5), commence an action in circuit court. Absent such |
2484 | commencement of an action within such period of time by an owner |
2485 | of a lot or parcel, such owner shall thereafter be estopped to |
2486 | raise any question related to the special benefit afforded the |
2487 | property or the reasonableness of the amount of the assessment. |
2488 | Except with respect to an owner who has commenced such an |
2489 | action, the non-ad valorem assessment roll as finally adopted |
2490 | and certified by the South Florida Water Management District to |
2491 | the tax collector pursuant to s. 197.3632(5) shall be competent |
2492 | and sufficient evidence that the assessments were duly levied |
2493 | and that all other proceedings adequate to the adoption of the |
2494 | non-ad valorem assessment roll were duly held, taken, and |
2495 | performed as required by s. 197.3632. If any assessment is |
2496 | abated in whole or in part by the court, the amount by which the |
2497 | assessment is so reduced may, by resolution of the governing |
2498 | board of the district, be payable from funds of the district |
2499 | legally available for that purpose, or at the discretion of the |
2500 | governing board of the district, assessments may be increased in |
2501 | the manner provided in s. 197.3632. |
2502 | Section 66. Subsection (2) of section 373.45924, Florida |
2503 | Statutes, is amended to read: |
2504 | 373.45924 South Florida Water Management District; |
2505 | Everglades truth in borrowing.- |
2506 | (2) Whenever the South Florida Water Management District |
2507 | proposes to borrow or to otherwise finance with debt any fixed |
2508 | capital outlay projects or operating capital outlay for purposes |
2509 | pursuant to s. 373.4592, it shall develop the following |
2510 | documents to explain the issuance of a debt or obligation: |
2511 | (a) A summary of outstanding debt, including borrowing. |
2512 | (b) A statement of proposed financing, which shall include |
2513 | the following items: |
2514 | 1. A listing of the purpose of the debt or obligation. |
2515 | 2. The source of repayment of the debt or obligation. |
2516 | 3. The principal amount of the debt or obligation. |
2517 | 4. The interest rate on the debt or obligation. |
2518 | 5. A schedule of annual debt service payments for each |
2519 | proposed debt or obligation. |
2520 | (c) A truth-in-borrowing statement, developed from the |
2521 | information compiled pursuant to this section, in substantially |
2522 | the following form: |
2523 |
|
2524 | The South Florida Water Management District is proposing to |
2525 | incur $...(insert principal)... of debt or obligation through |
2526 | borrowing for the purpose of ...(insert purpose).... This debt |
2527 | or obligation is expected to be repaid over a period of |
2528 | ...(insert term of issue from subparagraph (b)5.)... years from |
2529 | the following sources: ...(list sources).... At a forecasted |
2530 | interest rate of ...(insert rate of interest from subparagraph |
2531 | (b)4.)..., total interest paid over the life of the debt or |
2532 | obligation will be $...(insert sum of interest payments).... |
2533 |
|
2534 | The truth-in-borrowing statement shall be published as a notice |
2535 | in one or more newspapers having a combined general circulation |
2536 | in the counties having land in the district or on a publicly |
2537 | accessible website maintained by the district. If advertised in |
2538 | a newspaper, such notice must be at least 6 inches square in |
2539 | size and shall not be placed in that portion of the newspaper |
2540 | where legal notices and classified advertisements appear. |
2541 | Section 67. Paragraphs (a), (b), (c), and (d) of |
2542 | subsection (3) of section 373.536, Florida Statutes, are amended |
2543 | to read: |
2544 | 373.536 District budget and hearing thereon.- |
2545 | (3) BUDGET HEARINGS AND WORKSHOPS; NOTICE.- |
2546 | (a) Unless alternative notice requirements are otherwise |
2547 | provided by law, notice of all budget hearings conducted by the |
2548 | governing board or district staff must be published in a |
2549 | newspaper of general paid circulation in each county in which |
2550 | the district lies not less than 5 days nor more than 15 days |
2551 | before the hearing or published daily during the 15 days before |
2552 | the hearing on a publicly accessible website maintained by the |
2553 | district. |
2554 | (b) Budget workshops conducted for the public and not |
2555 | governed by s. 200.065 must be advertised in a newspaper of |
2556 | general paid circulation in the community or area in which the |
2557 | workshop will occur not less than 5 days nor more than 15 days |
2558 | before the workshop or published daily during the 15 days before |
2559 | the hearing on a publicly accessible website maintained by the |
2560 | district. |
2561 | (c) The tentative budget shall be adopted in accordance |
2562 | with the provisions of s. 200.065; however, if the mailing of |
2563 | the notice of proposed property taxes is delayed beyond |
2564 | September 3 in any county in which the district lies, the |
2565 | district shall advertise its intention to adopt a tentative |
2566 | budget and millage rate, pursuant to s. 200.065(3)(g), in a |
2567 | newspaper of general paid circulation in that county or on a |
2568 | publicly accessible website maintained by the district. |
2569 | (d) As provided in s. 200.065(2)(d), the board shall |
2570 | publish one or more notices of its intention to adopt a final |
2571 | budget for the district for the ensuing fiscal year. The notice |
2572 | shall appear adjacent to an advertisement that sets forth the |
2573 | tentative budget in a format meeting the budget summary |
2574 | requirements of s. 129.03(3)(b). The district shall not include |
2575 | expenditures of federal special revenues and state special |
2576 | revenues when preparing the statement required by s. |
2577 | 200.065(3)(l). The notice and advertisement shall be published |
2578 | in one or more newspapers having a combined general paid |
2579 | circulation in each county in which the district lies or on a |
2580 | publicly accessible website maintained by the district. |
2581 | Districts may include explanatory phrases and examples in budget |
2582 | advertisements published under s. 200.065 to clarify or |
2583 | illustrate the effect that the district budget may have on ad |
2584 | valorem taxes. |
2585 | Section 68. Paragraphs (a) and (b) of subsection (2) of |
2586 | section 376.80, Florida Statutes, are amended to read: |
2587 | 376.80 Brownfield program administration process.- |
2588 | (2)(a) If a local government proposes to designate a |
2589 | brownfield area that is outside community redevelopment areas, |
2590 | enterprise zones, empowerment zones, closed military bases, or |
2591 | designated brownfield pilot project areas, the local government |
2592 | shall adopt the resolution and conduct the public hearings in |
2593 | accordance with the requirements of subsection (1), except at |
2594 | least one of the required public hearings shall be conducted as |
2595 | close as reasonably practicable to the area to be designated to |
2596 | provide an opportunity for public input on the size of the area, |
2597 | the objectives for rehabilitation, job opportunities and |
2598 | economic developments anticipated, neighborhood residents' |
2599 | considerations, and other relevant local concerns. Notice of the |
2600 | public hearing must be made in a newspaper of general |
2601 | circulation in the area or on a publicly accessible website |
2602 | maintained by the local government. If published in a newspaper, |
2603 | and the notice must be at least 16 square inches in size. Notice |
2604 | of the public hearing, must be in ethnic newspapers or local |
2605 | community bulletins, must be posted in the affected area, and |
2606 | must be announced at a scheduled meeting of the local governing |
2607 | body before the actual public hearing. In determining the areas |
2608 | to be designated, the local government must consider: |
2609 | 1. Whether the brownfield area warrants economic |
2610 | development and has a reasonable potential for such activities; |
2611 | 2. Whether the proposed area to be designated represents a |
2612 | reasonably focused approach and is not overly large in |
2613 | geographic coverage; |
2614 | 3. Whether the area has potential to interest the private |
2615 | sector in participating in rehabilitation; and |
2616 | 4. Whether the area contains sites or parts of sites |
2617 | suitable for limited recreational open space, cultural, or |
2618 | historical preservation purposes. |
2619 | (b) A local government shall designate a brownfield area |
2620 | under the provisions of this act provided that: |
2621 | 1. A person who owns or controls a potential brownfield |
2622 | site is requesting the designation and has agreed to |
2623 | rehabilitate and redevelop the brownfield site; |
2624 | 2. The rehabilitation and redevelopment of the proposed |
2625 | brownfield site will result in economic productivity of the |
2626 | area, along with the creation of at least 5 new permanent jobs |
2627 | at the brownfield site that are full-time equivalent positions |
2628 | not associated with the implementation of the brownfield site |
2629 | rehabilitation agreement and that are not associated with |
2630 | redevelopment project demolition or construction activities |
2631 | pursuant to the redevelopment of the proposed brownfield site or |
2632 | area. However, the job creation requirement shall not apply to |
2633 | the rehabilitation and redevelopment of a brownfield site that |
2634 | will provide affordable housing as defined in s. 420.0004 or the |
2635 | creation of recreational areas, conservation areas, or parks; |
2636 | 3. The redevelopment of the proposed brownfield site is |
2637 | consistent with the local comprehensive plan and is a |
2638 | permittable use under the applicable local land development |
2639 | regulations; |
2640 | 4. Notice of the proposed rehabilitation of the brownfield |
2641 | area has been provided to neighbors and nearby residents of the |
2642 | proposed area to be designated, and the person proposing the |
2643 | area for designation has afforded to those receiving notice the |
2644 | opportunity for comments and suggestions about rehabilitation. |
2645 | Notice pursuant to this subparagraph must be made on a publicly |
2646 | accessible website maintained by the entity responsible for |
2647 | publication or in a newspaper of general circulation in the |
2648 | area. The notice must be, at least 16 square inches in size, and |
2649 | the notice must be posted in the affected area; and |
2650 | 5. The person proposing the area for designation has |
2651 | provided reasonable assurance that he or she has sufficient |
2652 | financial resources to implement and complete the rehabilitation |
2653 | agreement and redevelopment of the brownfield site. |
2654 | Section 69. Subsection (3) of section 379.2425, Florida |
2655 | Statutes, is amended to read: |
2656 | 379.2425 Spearfishing; definition; limitations; penalty.- |
2657 | (3) The Fish and Wildlife Conservation Commission shall |
2658 | have the power to establish restricted areas when it is |
2659 | determined that safety hazards exist or when needs are |
2660 | determined by biological findings. Restricted areas shall be |
2661 | established only after an investigation has been conducted and |
2662 | upon application by the governing body of the county or |
2663 | municipality in which the restricted areas are to be located and |
2664 | one publication in a local newspaper of general circulation in |
2665 | said county or municipality or on a publicly accessible website |
2666 | maintained by the entity responsible for publication, in |
2667 | addition to any other notice required by law. Before Prior to |
2668 | promulgation of regulations, the local governing body of the |
2669 | area affected shall agree to post and maintain notices in the |
2670 | area affected. |
2671 | Section 70. Paragraph (e) of subsection (25) of section |
2672 | 380.06, Florida Statutes, is amended to read: |
2673 | 380.06 Developments of regional impact.- |
2674 | (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.- |
2675 | (e) The local government shall schedule a public hearing |
2676 | within 60 days after receipt of the petition. The public hearing |
2677 | shall be advertised at least 30 days before prior to the |
2678 | hearing. In addition to the public hearing notice by the local |
2679 | government, the petitioner, except when the petitioner is a |
2680 | local government, shall provide actual notice to each person |
2681 | owning land within the proposed areawide development plan at |
2682 | least 30 days before prior to the hearing. If the petitioner is |
2683 | a local government, or local governments pursuant to an |
2684 | interlocal agreement, notice of the public hearing shall be |
2685 | provided by the publication of an advertisement on a publicly |
2686 | accessible website maintained by the entity responsible for |
2687 | publication or in a newspaper of general circulation that meets |
2688 | the requirements of this paragraph. The newspaper advertisement |
2689 | must be no less than one-quarter page in a standard size or |
2690 | tabloid size newspaper, and the headline in the newspaper |
2691 | advertisement must be in type no smaller than 18 point. The |
2692 | newspaper advertisement may shall not be published in that |
2693 | portion of the newspaper where legal notices and classified |
2694 | advertisements appear. The advertisement must be published on a |
2695 | publicly accessible website maintained by the entity responsible |
2696 | for publication or in a newspaper of general paid circulation in |
2697 | the county and of general interest and readership in the |
2698 | community, not one of limited subject matter, pursuant to |
2699 | chapter 50. Whenever possible, the newspaper advertisement must |
2700 | appear in a newspaper that is published at least 5 days a week, |
2701 | unless the only newspaper in the community is published less |
2702 | than 5 days a week. The advertisement must be in substantially |
2703 | the form used to advertise amendments to comprehensive plans |
2704 | pursuant to s. 163.3184. The local government shall specifically |
2705 | notify in writing the regional planning agency and the state |
2706 | land planning agency at least 30 days before prior to the public |
2707 | hearing. At the public hearing, all interested parties may |
2708 | testify and submit evidence regarding the petitioner's |
2709 | qualifications, the need for and benefits of an areawide |
2710 | development of regional impact, and such other issues relevant |
2711 | to a full consideration of the petition. If more than one local |
2712 | government has jurisdiction over the defined planning area in an |
2713 | areawide development plan, the local governments shall hold a |
2714 | joint public hearing. Such hearing shall address, at a minimum, |
2715 | the need to resolve conflicting ordinances or comprehensive |
2716 | plans, if any. The local government holding the joint hearing |
2717 | shall comply with the following additional requirements: |
2718 | 1. The notice of the hearing shall be published at least |
2719 | 60 days in advance of the hearing and shall specify where the |
2720 | petition may be reviewed. |
2721 | 2. The notice shall be given to the state land planning |
2722 | agency, to the applicable regional planning agency, and to such |
2723 | other persons as may have been designated by the state land |
2724 | planning agency as entitled to receive such notices. |
2725 | 3. A public hearing date shall be set by the appropriate |
2726 | local government at the next scheduled meeting. |
2727 | Section 71. Paragraph (a) of subsection (2) of section |
2728 | 403.973, Florida Statutes, is amended to read: |
2729 | 403.973 Expedited permitting; comprehensive plan |
2730 | amendments.- |
2731 | (2) As used in this section, the term: |
2732 | (a) "Duly noticed" means publication on a publicly |
2733 | accessible website maintained by the municipality or county |
2734 | having jurisdiction or in a newspaper of general circulation in |
2735 | the municipality or county having with jurisdiction. If |
2736 | published in a newspaper, the notice shall appear on at least 2 |
2737 | separate days, one of which shall be at least 7 days before the |
2738 | meeting. If published on a publicly accessible website, the |
2739 | notice shall appear daily during the 7 days immediately |
2740 | preceding the meeting. The notice shall state the date, time, |
2741 | and place of the meeting scheduled to discuss or enact the |
2742 | memorandum of agreement, and the places within the municipality |
2743 | or county where such proposed memorandum of agreement may be |
2744 | inspected by the public. The newspaper notice must be one-eighth |
2745 | of a page in size and must be published in a portion of the |
2746 | paper other than the legal notices section. The notice shall |
2747 | also advise that interested parties may appear at the meeting |
2748 | and be heard with respect to the memorandum of agreement. |
2749 | Section 72. Paragraph (b) of subsection (4) of section |
2750 | 420.9075, Florida Statutes, is amended to read: |
2751 | 420.9075 Local housing assistance plans; partnerships.- |
2752 | (4) Each local housing assistance plan is governed by the |
2753 | following criteria and administrative procedures: |
2754 | (b) The county or eligible municipality or its |
2755 | administrative representative shall advertise the notice of |
2756 | funding availability in a newspaper of general circulation and |
2757 | periodicals serving ethnic and diverse neighborhoods, at least |
2758 | 30 days before the beginning of the application period or daily |
2759 | during the 30 days immediately preceding the application period |
2760 | on a publicly accessible website maintained by the county or |
2761 | eligible municipality. If no funding is available due to a |
2762 | waiting list, no notice of funding availability is required. |
2763 | Section 73. Paragraph (b) of subsection (4) of section |
2764 | 553.73, Florida Statutes, is amended to read: |
2765 | 553.73 Florida Building Code.- |
2766 | (4) |
2767 | (b) Local governments may, subject to the limitations of |
2768 | this section, adopt amendments to the technical provisions of |
2769 | the Florida Building Code which apply solely within the |
2770 | jurisdiction of such government and which provide for more |
2771 | stringent requirements than those specified in the Florida |
2772 | Building Code, not more than once every 6 months. A local |
2773 | government may adopt technical amendments that address local |
2774 | needs if: |
2775 | 1. The local governing body determines, following a public |
2776 | hearing which has been advertised in a newspaper of general |
2777 | circulation at least 10 days before the hearing or daily during |
2778 | the 10 days immediately preceding the hearing on a publicly |
2779 | accessible website maintained by the local government, that |
2780 | there is a need to strengthen the requirements of the Florida |
2781 | Building Code. The determination must be based upon a review of |
2782 | local conditions by the local governing body, which review |
2783 | demonstrates by evidence or data that the geographical |
2784 | jurisdiction governed by the local governing body exhibits a |
2785 | local need to strengthen the Florida Building Code beyond the |
2786 | needs or regional variation addressed by the Florida Building |
2787 | Code, that the local need is addressed by the proposed local |
2788 | amendment, and that the amendment is no more stringent than |
2789 | necessary to address the local need. |
2790 | 2. Such additional requirements are not discriminatory |
2791 | against materials, products, or construction techniques of |
2792 | demonstrated capabilities. |
2793 | 3. Such additional requirements may not introduce a new |
2794 | subject not addressed in the Florida Building Code. |
2795 | 4. The enforcing agency shall make readily available, in a |
2796 | usable format, all amendments adopted pursuant to this section. |
2797 | 5. Any amendment to the Florida Building Code shall be |
2798 | transmitted within 30 days by the adopting local government to |
2799 | the commission. The commission shall maintain copies of all such |
2800 | amendments in a format that is usable and obtainable by the |
2801 | public. Local technical amendments shall not become effective |
2802 | until 30 days after the amendment has been received and |
2803 | published by the commission. |
2804 | 6. Any amendment to the Florida Building Code adopted by a |
2805 | local government pursuant to this paragraph shall be effective |
2806 | only until the adoption by the commission of the new edition of |
2807 | the Florida Building Code every third year. At such time, the |
2808 | commission shall review such amendment for consistency with the |
2809 | criteria in paragraph (8)(a) and adopt such amendment as part of |
2810 | the Florida Building Code or rescind the amendment. The |
2811 | commission shall immediately notify the respective local |
2812 | government of the rescission of any amendment. After receiving |
2813 | such notice, the respective local government may readopt the |
2814 | rescinded amendment pursuant to the provisions of this |
2815 | paragraph. |
2816 | 7. Each county and municipality desiring to make local |
2817 | technical amendments to the Florida Building Code shall by |
2818 | interlocal agreement establish a countywide compliance review |
2819 | board to review any amendment to the Florida Building Code, |
2820 | adopted by a local government within the county pursuant to this |
2821 | paragraph, that is challenged by any substantially affected |
2822 | party for purposes of determining the amendment's compliance |
2823 | with this paragraph. If challenged, the local technical |
2824 | amendments shall not become effective until time for filing an |
2825 | appeal pursuant to subparagraph 8. has expired or, if there is |
2826 | an appeal, until the commission issues its final order |
2827 | determining the adopted amendment is in compliance with this |
2828 | subsection. |
2829 | 8. If the compliance review board determines such |
2830 | amendment is not in compliance with this paragraph, the |
2831 | compliance review board shall notify such local government of |
2832 | the noncompliance and that the amendment is invalid and |
2833 | unenforceable until the local government corrects the amendment |
2834 | to bring it into compliance. The local government may appeal the |
2835 | decision of the compliance review board to the commission. If |
2836 | the compliance review board determines such amendment to be in |
2837 | compliance with this paragraph, any substantially affected party |
2838 | may appeal such determination to the commission. Any such appeal |
2839 | shall be filed with the commission within 14 days of the board's |
2840 | written determination. The commission shall promptly refer the |
2841 | appeal to the Division of Administrative Hearings for the |
2842 | assignment of an administrative law judge. The administrative |
2843 | law judge shall conduct the required hearing within 30 days, and |
2844 | shall enter a recommended order within 30 days of the conclusion |
2845 | of such hearing. The commission shall enter a final order within |
2846 | 30 days thereafter. The provisions of chapter 120 and the |
2847 | uniform rules of procedure shall apply to such proceedings. The |
2848 | local government adopting the amendment that is subject to |
2849 | challenge has the burden of proving that the amendment complies |
2850 | with this paragraph in proceedings before the compliance review |
2851 | board and the commission, as applicable. Actions of the |
2852 | commission are subject to judicial review pursuant to s. 120.68. |
2853 | The compliance review board shall determine whether its |
2854 | decisions apply to a respective local jurisdiction or apply |
2855 | countywide. |
2856 | 9. An amendment adopted under this paragraph shall include |
2857 | a fiscal impact statement which documents the costs and benefits |
2858 | of the proposed amendment. Criteria for the fiscal impact |
2859 | statement shall include the impact to local government relative |
2860 | to enforcement, the impact to property and building owners, as |
2861 | well as to industry, relative to the cost of compliance. The |
2862 | fiscal impact statement may not be used as a basis for |
2863 | challenging the amendment for compliance. |
2864 | 10. In addition to subparagraphs 7. and 9., the commission |
2865 | may review any amendments adopted pursuant to this subsection |
2866 | and make nonbinding recommendations related to compliance of |
2867 | such amendments with this subsection. |
2868 | Section 74. Paragraph (a) of subsection (4) of section |
2869 | 633.025, Florida Statutes, is amended to read: |
2870 | 633.025 Minimum firesafety standards.- |
2871 | (4) Such codes shall be minimum codes and a municipality, |
2872 | county, or special district with firesafety responsibilities may |
2873 | adopt more stringent firesafety standards, subject to the |
2874 | requirements of this subsection. Such county, municipality, or |
2875 | special district may establish alternative requirements to those |
2876 | requirements which are required under the minimum firesafety |
2877 | standards on a case-by-case basis, in order to meet special |
2878 | situations arising from historic, geographic, or unusual |
2879 | conditions, if the alternative requirements result in a level of |
2880 | protection to life, safety, or property equal to or greater than |
2881 | the applicable minimum firesafety standards. For the purpose of |
2882 | this subsection, the term "historic" means that the building or |
2883 | structure is listed on the National Register of Historic Places |
2884 | of the United States Department of the Interior. |
2885 | (a) The local governing body shall determine, following a |
2886 | public hearing that which has been advertised in a newspaper of |
2887 | general circulation at least 10 days before the hearing or daily |
2888 | on a publicly accessible website maintained by the local |
2889 | government during the 10 days immediately preceding the hearing, |
2890 | if there is a need to strengthen the requirements of the minimum |
2891 | firesafety code adopted by such governing body. The |
2892 | determination must be based upon a review of local conditions by |
2893 | the local governing body, which review demonstrates that local |
2894 | conditions justify more stringent requirements than those |
2895 | specified in the minimum firesafety code for the protection of |
2896 | life and property or justify requirements that meet special |
2897 | situations arising from historic, geographic, or unusual |
2898 | conditions. |
2899 |
|
2900 | This subsection gives local government the authority to |
2901 | establish firesafety codes that exceed the minimum firesafety |
2902 | codes and standards adopted by the State Fire Marshal. The |
2903 | Legislature intends that local government give proper public |
2904 | notice and hold public hearings before adopting more stringent |
2905 | firesafety codes and standards. A substantially affected person |
2906 | may appeal, to the department, the local government's resolution |
2907 | of the challenge, and the department shall determine if the |
2908 | amendment complies with this section. Actions of the department |
2909 | are subject to judicial review pursuant to s. 120.68. The |
2910 | department shall consider reports of the Florida Building |
2911 | Commission, pursuant to part IV of chapter 553, when evaluating |
2912 | building code enforcement. |
2913 | Section 75. Paragraph (b) of subsection (2) of section |
2914 | 705.103, Florida Statutes, is amended to read: |
2915 | 705.103 Procedure for abandoned or lost property.- |
2916 | (2) Whenever a law enforcement officer ascertains that an |
2917 | article of lost or abandoned property is present on public |
2918 | property and is of such nature that it cannot be easily removed, |
2919 | the officer shall cause a notice to be placed upon such article |
2920 | in substantially the following form: |
2921 |
|
2922 | NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED |
2923 | PROPERTY. This property, to wit: ...(setting forth brief |
2924 | description)... is unlawfully upon public property known as |
2925 | ...(setting forth brief description of location)... and must be |
2926 | removed within 5 days; otherwise, it will be removed and |
2927 | disposed of pursuant to chapter 705, Florida Statutes. The owner |
2928 | will be liable for the costs of removal, storage, and |
2929 | publication of notice. Dated this: ...(setting forth the date of |
2930 | posting of notice)..., signed: ...(setting forth name, title, |
2931 | address, and telephone number of law enforcement officer).... |
2932 |
|
2933 | Such notice shall be not less than 8 inches by 10 inches and |
2934 | shall be sufficiently weatherproof to withstand normal exposure |
2935 | to the elements. In addition to posting, the law enforcement |
2936 | officer shall make a reasonable effort to ascertain the name and |
2937 | address of the owner. If such is reasonably available to the |
2938 | officer, she or he shall mail a copy of such notice to the owner |
2939 | on or before the date of posting. If the property is a motor |
2940 | vehicle as defined in s. 320.01(1) or a vessel as defined in s. |
2941 | 327.02, the law enforcement agency shall contact the Department |
2942 | of Highway Safety and Motor Vehicles in order to determine the |
2943 | name and address of the owner and any person who has filed a |
2944 | lien on the vehicle or vessel as provided in s. 319.27(2) or (3) |
2945 | or s. 328.15(1). On receipt of this information, the law |
2946 | enforcement agency shall mail a copy of the notice by certified |
2947 | mail, return receipt requested, to the owner and to the |
2948 | lienholder, if any. If, at the end of 5 days after posting the |
2949 | notice and mailing such notice, if required, the owner or any |
2950 | person interested in the lost or abandoned article or articles |
2951 | described has not removed the article or articles from public |
2952 | property or shown reasonable cause for failure to do so, the |
2953 | following shall apply: |
2954 | (b) For lost property, the officer shall take custody and |
2955 | the agency shall retain custody of the property for 90 days. The |
2956 | agency shall publish notice of the intended disposition of the |
2957 | property, as provided in this section, during the first 45 days |
2958 | of this time period. |
2959 | 1. If the agency elects to retain the property for use by |
2960 | the unit of government, donate the property to a charitable |
2961 | organization, surrender such property to the finder, sell the |
2962 | property, or trade the property to another unit of local |
2963 | government or state agency, notice of such election shall be |
2964 | given by an advertisement published daily for 2 consecutive |
2965 | weeks on a publicly accessible website maintained by the entity |
2966 | responsible for publication or once a week for 2 consecutive |
2967 | weeks in a newspaper of general circulation in the county where |
2968 | the property was found if the value of the property is more than |
2969 | $100. If the value of the property is $100 or less, notice shall |
2970 | be given by posting a description of the property at the law |
2971 | enforcement agency where the property was turned in. The notice |
2972 | must be posted for not less than 2 consecutive weeks in a public |
2973 | place designated by the law enforcement agency. The notice must |
2974 | describe the property in a manner reasonably adequate to permit |
2975 | the rightful owner of the property to claim it. |
2976 | 2. If the agency elects to sell the property, it must do |
2977 | so at public sale by competitive bidding. Notice of the time and |
2978 | place of the sale shall be given by an advertisement of the sale |
2979 | published daily for the 4 consecutive weeks immediately |
2980 | preceding the sale on a publicly accessible website maintained |
2981 | by the entity responsible for publication or once a week for 2 |
2982 | consecutive weeks in a newspaper of general circulation in the |
2983 | county where the sale is to be held. The notice shall include a |
2984 | statement that the sale shall be subject to any and all liens. |
2985 | The sale must be held at the nearest suitable place to that |
2986 | where the lost or abandoned property is held or stored. The |
2987 | advertisement must include a description of the goods and the |
2988 | time and place of the sale. If advertised in the newspaper, the |
2989 | sale may take place no earlier than 10 days after the final |
2990 | publication. If there is no publicly accessible website |
2991 | maintained by the entity responsible for publication or |
2992 | newspaper of general circulation in the county where the sale is |
2993 | to be held, the advertisement shall be posted at the door of the |
2994 | courthouse and at three other public places in the county at |
2995 | least 10 days before the prior to sale. Notice of the agency's |
2996 | intended disposition shall describe the property in a manner |
2997 | reasonably adequate to permit the rightful owner of the property |
2998 | to identify it. |
2999 | Section 76. Subsection (2) of section 715.109, Florida |
3000 | Statutes, is amended to read: |
3001 | 715.109 Sale or disposition of abandoned property.- |
3002 | (2) Notice of the time and place of the public sale shall |
3003 | be given by an advertisement of the sale published once a week |
3004 | for 2 two consecutive weeks in a newspaper of general |
3005 | circulation where the sale is to be held or publication daily |
3006 | during the 4 weeks immediately preceding the sale on a publicly |
3007 | accessible website maintained by the entity responsible for |
3008 | publication. The sale must be held at the nearest suitable place |
3009 | to that where the personal property is held or stored. The |
3010 | advertisement must include a description of the goods, the name |
3011 | of the former tenant, and the time and place of the sale. If |
3012 | advertised in a newspaper, the sale must take place at least 10 |
3013 | days after the first publication. If there is no newspaper of |
3014 | general circulation where the sale is to be held or no publicly |
3015 | accessible website maintained by the governing body responsible |
3016 | for publication, the advertisement must be posted at least 10 |
3017 | days before the sale in not less than six conspicuous places in |
3018 | the neighborhood of the proposed sale. The last publication |
3019 | shall be at least 5 days before the sale is to be held. Notice |
3020 | of sale may be published before the last of the dates specified |
3021 | for taking possession of the property in any notice given |
3022 | pursuant to s. 715.104. |
3023 | Section 77. For the purpose of incorporating the amendment |
3024 | made by this act to section 125.66, Florida Statutes, in a |
3025 | reference thereto, subsection (1) of section 125.56, Florida |
3026 | Statutes, is reenacted to read: |
3027 | 125.56 Enforcement and amendment of the Florida Building |
3028 | Code and the Florida Fire Prevention Code; inspection fees; |
3029 | inspectors; etc.- |
3030 | (1) The board of county commissioners of each of the |
3031 | several counties of the state is authorized to enforce the |
3032 | Florida Building Code and the Florida Fire Prevention Code, as |
3033 | provided in ss. 553.80, 633.022, and 633.025, and, at its |
3034 | discretion, to adopt local technical amendments to the Florida |
3035 | Building Code, pursuant to s. 553.73(4)(b) and (c) and local |
3036 | technical amendments to the Florida Fire Prevention Code, |
3037 | pursuant to s. 633.0215, to provide for the safe construction, |
3038 | erection, alteration, repair, securing, and demolition of any |
3039 | building within its territory outside the corporate limits of |
3040 | any municipality. Upon a determination to consider amending the |
3041 | Florida Building Code or the Florida Fire Prevention Code by a |
3042 | majority of the members of the board of county commissioners of |
3043 | such county, the board shall call a public hearing and comply |
3044 | with the public notice requirements of s. 125.66(2). The board |
3045 | shall hear all interested parties at the public hearing and may |
3046 | then amend the building code or the fire code consistent with |
3047 | the terms and purposes of this act. Upon adoption, an amendment |
3048 | to the code shall be in full force and effect throughout the |
3049 | unincorporated area of such county until otherwise notified by |
3050 | the Florida Building Commission pursuant to s. 553.73 or the |
3051 | State Fire Marshal pursuant to s. 633.0215. Nothing herein |
3052 | contained shall be construed to prevent the board of county |
3053 | commissioners from repealing such amendment to the building code |
3054 | or the fire code at any regular meeting of such board. |
3055 | Section 78. For the purpose of incorporating the amendment |
3056 | made by this act to section 125.66, Florida Statutes, in a |
3057 | reference thereto, subsection (6) of section 212.054, Florida |
3058 | Statutes, is reenacted to read: |
3059 | 212.054 Discretionary sales surtax; limitations, |
3060 | administration, and collection.- |
3061 | (6) The governing body of any county levying a |
3062 | discretionary sales surtax shall enact an ordinance levying the |
3063 | surtax in accordance with the procedures described in s. |
3064 | 125.66(2). |
3065 | Section 79. For the purpose of incorporating the |
3066 | amendments made by this act to sections 125.66 and 166.041, |
3067 | Florida Statutes, in references thereto, subsection (18) of |
3068 | section 163.3164, Florida Statutes, is reenacted to read: |
3069 | 163.3164 Local Government Comprehensive Planning and Land |
3070 | Development Regulation Act; definitions.-As used in this act: |
3071 | (18) "Public notice" means notice as required by s. |
3072 | 125.66(2) for a county or by s. 166.041(3)(a) for a |
3073 | municipality. The public notice procedures required in this part |
3074 | are established as minimum public notice procedures. |
3075 | Section 80. For the purpose of incorporating the |
3076 | amendments made by this act to sections 125.66 and 166.041, |
3077 | Florida Statutes, in references thereto, section 163.346, |
3078 | Florida Statutes, is reenacted to read: |
3079 | 163.346 Notice to taxing authorities.-Before the governing |
3080 | body adopts any resolution or enacts any ordinance required |
3081 | under s. 163.355, s. 163.356, s. 163.357, or s. 163.387; creates |
3082 | a community redevelopment agency; approves, adopts, or amends a |
3083 | community redevelopment plan; or issues redevelopment revenue |
3084 | bonds under s. 163.385, the governing body must provide public |
3085 | notice of such proposed action pursuant to s. 125.66(2) or s. |
3086 | 166.041(3)(a) and, at least 15 days before such proposed action, |
3087 | mail by registered mail a notice to each taxing authority which |
3088 | levies ad valorem taxes on taxable real property contained |
3089 | within the geographic boundaries of the redevelopment area. |
3090 | Section 81. For the purpose of incorporating the |
3091 | amendments made by this act to sections 125.66 and 166.041, |
3092 | Florida Statutes, in references thereto, subsection (1) of |
3093 | section 376.80, Florida Statutes, is reenacted to read: |
3094 | 376.80 Brownfield program administration process.- |
3095 | (1) A local government with jurisdiction over the |
3096 | brownfield area must notify the department of its decision to |
3097 | designate a brownfield area for rehabilitation for the purposes |
3098 | of ss. 376.77-376.86. The notification must include a |
3099 | resolution, by the local government body, to which is attached a |
3100 | map adequate to clearly delineate exactly which parcels are to |
3101 | be included in the brownfield area or alternatively a less- |
3102 | detailed map accompanied by a detailed legal description of the |
3103 | brownfield area. If a property owner within the area proposed |
3104 | for designation by the local government requests in writing to |
3105 | have his or her property removed from the proposed designation, |
3106 | the local government shall grant the request. For |
3107 | municipalities, the governing body shall adopt the resolution in |
3108 | accordance with the procedures outlined in s. 166.041, except |
3109 | that the notice for the public hearings on the proposed |
3110 | resolution must be in the form established in s. 166.041(3)(c)2. |
3111 | For counties, the governing body shall adopt the resolution in |
3112 | accordance with the procedures outlined in s. 125.66, except |
3113 | that the notice for the public hearings on the proposed |
3114 | resolution shall be in the form established in s. 125.66(4)(b)2. |
3115 | Section 82. For the purpose of incorporating the |
3116 | amendments made by this act to section 129.06, Florida Statutes, |
3117 | in a reference thereto, subsection (4) of section 30.50, Florida |
3118 | Statutes, is reenacted to read: |
3119 | 30.50 Payment of salaries and expenses.- |
3120 | (4) The sheriff shall keep necessary budget accounts and |
3121 | records, and shall charge all paid bills and payrolls to the |
3122 | proper budget accounts. The reserve for contingencies, or any |
3123 | part thereof, may be transferred to any of the budget |
3124 | appropriations, in the discretion of the sheriff. With the |
3125 | approval of the board of county commissioners, or of the budget |
3126 | commission if there is a budget commission in the county, the |
3127 | budget may be amended as provided for county budgets in s. |
3128 | 129.06(2). |
3129 | Section 83. For the purpose of incorporating the amendment |
3130 | made by this act to section 129.03, Florida Statutes, in a |
3131 | reference thereto, paragraph (l) of subsection (3) of section |
3132 | 200.065, Florida Statutes, is reenacted to read: |
3133 | 200.065 Method of fixing millage.- |
3134 | (3) The advertisement shall be no less than one-quarter |
3135 | page in size of a standard size or a tabloid size newspaper, and |
3136 | the headline in the advertisement shall be in a type no smaller |
3137 | than 18 point. The advertisement shall not be placed in that |
3138 | portion of the newspaper where legal notices and classified |
3139 | advertisements appear. The advertisement shall be published in a |
3140 | newspaper of general paid circulation in the county or in a |
3141 | geographically limited insert of such newspaper. The geographic |
3142 | boundaries in which such insert is circulated shall include the |
3143 | geographic boundaries of the taxing authority. It is the |
3144 | legislative intent that, whenever possible, the advertisement |
3145 | appear in a newspaper that is published at least 5 days a week |
3146 | unless the only newspaper in the county is published less than 5 |
3147 | days a week, or that the advertisement appear in a |
3148 | geographically limited insert of such newspaper which insert is |
3149 | published throughout the taxing authority's jurisdiction at |
3150 | least twice each week. It is further the legislative intent that |
3151 | the newspaper selected be one of general interest and readership |
3152 | in the community and not one of limited subject matter, pursuant |
3153 | to chapter 50. |
3154 | (l) Any advertisement required pursuant to this section |
3155 | shall be accompanied by an adjacent notice meeting the budget |
3156 | summary requirements of s. 129.03(3)(b). Except for those taxing |
3157 | authorities proposing to levy ad valorem taxes for the first |
3158 | time, the following statement shall appear in the budget summary |
3159 | in boldfaced type immediately following the heading, if the |
3160 | applicable percentage is greater than zero: |
3161 |
|
3162 | THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of |
3163 | taxing authority)... ARE ...(percent rounded to one decimal |
3164 | place)... MORE THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES. |
3165 |
|
3166 | For purposes of this paragraph, "proposed operating budget |
3167 | expenditures" or "operating expenditures" means all moneys of |
3168 | the local government, including dependent special districts, |
3169 | that: |
3170 | 1. Were or could be expended during the applicable fiscal |
3171 | year, or |
3172 | 2. Were or could be retained as a balance for future |
3173 | spending in the fiscal year. |
3174 |
|
3175 | Provided, however, those moneys held in or used in trust, |
3176 | agency, or internal service funds, and expenditures of bond |
3177 | proceeds for capital outlay or for advanced refunded debt |
3178 | principal, shall be excluded. |
3179 | Section 84. For the purpose of incorporating the |
3180 | amendments made by this act to section 163.3184, Florida |
3181 | Statutes, in a reference thereto, paragraph (a) of subsection |
3182 | (9) of section 163.3246, Florida Statutes, is reenacted to read: |
3183 | 163.3246 Local government comprehensive planning |
3184 | certification program.- |
3185 | (9)(a) Upon certification all comprehensive plan |
3186 | amendments associated with the area certified must be adopted |
3187 | and reviewed in the manner described in ss. 163.3184(1), (2), |
3188 | (7), (14), (15), and (16) and 163.3187, such that state and |
3189 | regional agency review is eliminated. The department may not |
3190 | issue any objections, recommendations, and comments report on |
3191 | proposed plan amendments or a notice of intent on adopted plan |
3192 | amendments; however, affected persons, as defined by s. |
3193 | 163.3184(1)(a), may file a petition for administrative review |
3194 | pursuant to the requirements of s. 163.3187(3)(a) to challenge |
3195 | the compliance of an adopted plan amendment. |
3196 | Section 85. For the purpose of incorporating the |
3197 | amendments made by this act to section 163.3184, Florida |
3198 | Statutes, in a reference thereto, paragraph (h) of subsection |
3199 | (6) of section 163.32465, Florida Statutes, is reenacted to |
3200 | read: |
3201 | 163.32465 State review of local comprehensive plans in |
3202 | urban areas.- |
3203 | (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT |
3204 | PROGRAM.- |
3205 | (h) Parties to a proceeding under this section may enter |
3206 | into compliance agreements using the process in s. 163.3184(16). |
3207 | Any remedial amendment adopted pursuant to a settlement |
3208 | agreement shall be provided to the agencies and governments |
3209 | listed in paragraph (4)(a). |
3210 | Section 86. For the purpose of incorporating the |
3211 | amendments made by this act to section 163.3184, Florida |
3212 | Statutes, in a reference thereto, subsection (10) and paragraph |
3213 | (d) of subsection (12) of section 288.975, Florida Statutes, are |
3214 | reenacted to read: |
3215 | 288.975 Military base reuse plans.- |
3216 | (10) Within 60 days after receipt of a proposed military |
3217 | base reuse plan, these entities shall review and provide |
3218 | comments to the host local government. The commencement of this |
3219 | review period shall be advertised in newspapers of general |
3220 | circulation within the host local government and any affected |
3221 | local government to allow for public comment. No later than 180 |
3222 | days after receipt and consideration of all comments, and the |
3223 | holding of at least two public hearings, the host local |
3224 | government shall adopt the military base reuse plan. The host |
3225 | local government shall comply with the notice requirements set |
3226 | forth in s. 163.3184(15) to ensure full public participation in |
3227 | this planning process. |
3228 | (12) Following receipt of a petition, the petitioning |
3229 | party or parties and the host local government shall seek |
3230 | resolution of the issues in dispute. The issues in dispute shall |
3231 | be resolved as follows: |
3232 | (d) Within 45 days after receiving the report from the |
3233 | state land planning agency, the Administration Commission shall |
3234 | take action to resolve the issues in dispute. In deciding upon a |
3235 | proper resolution, the Administration Commission shall consider |
3236 | the nature of the issues in dispute, any requests for a formal |
3237 | administrative hearing pursuant to chapter 120, the compliance |
3238 | of the parties with this section, the extent of the conflict |
3239 | between the parties, the comparative hardships and the public |
3240 | interest involved. If the Administration Commission incorporates |
3241 | in its final order a term or condition that requires any local |
3242 | government to amend its local government comprehensive plan, the |
3243 | local government shall amend its plan within 60 days after the |
3244 | issuance of the order. Such amendment or amendments shall be |
3245 | exempt from the limitation of the frequency of plan amendments |
3246 | contained in s. 163.3187(1), and a public hearing on such |
3247 | amendment or amendments pursuant to s. 163.3184(15)(b)1. shall |
3248 | not be required. The final order of the Administration |
3249 | Commission is subject to appeal pursuant to s. 120.68. If the |
3250 | order of the Administration Commission is appealed, the time for |
3251 | the local government to amend its plan shall be tolled during |
3252 | the pendency of any local, state, or federal administrative or |
3253 | judicial proceeding relating to the military base reuse plan. |
3254 | Section 87. For the purpose of incorporating the |
3255 | amendments made by this act to section 163.3184, Florida |
3256 | Statutes, in a reference thereto, subsection (9) of section |
3257 | 420.5095, Florida Statutes, is reenacted to read: |
3258 | 420.5095 Community Workforce Housing Innovation Pilot |
3259 | Program.- |
3260 | (9) Notwithstanding s. 163.3184(3)-(6), any local |
3261 | government comprehensive plan amendment to implement a Community |
3262 | Workforce Housing Innovation Pilot Program project found |
3263 | consistent with the provisions of this section shall be |
3264 | expedited as provided in this subsection. At least 30 days prior |
3265 | to adopting a plan amendment under this subsection, the local |
3266 | government shall notify the state land planning agency of its |
3267 | intent to adopt such an amendment, and the notice shall include |
3268 | its evaluation related to site suitability and availability of |
3269 | facilities and services. The public notice of the hearing |
3270 | required by s. 163.3184(15)(b)2. shall include a statement that |
3271 | the local government intends to use the expedited adoption |
3272 | process authorized by this subsection. Such amendments shall |
3273 | require only a single public hearing before the governing board, |
3274 | which shall be an adoption hearing as described in s. |
3275 | 163.3184(7). The state land planning agency shall issue its |
3276 | notice of intent pursuant to s. 163.3184(8) within 30 days after |
3277 | determining that the amendment package is complete. Any further |
3278 | proceedings shall be governed by ss. 163.3184(9)-(16). |
3279 | Amendments proposed under this section are not subject to s. |
3280 | 163.3187(1), which limits the adoption of a comprehensive plan |
3281 | amendment to no more than two times during any calendar year. |
3282 | Section 88. For the purpose of incorporating the |
3283 | amendments made by this act to section 163.3184, Florida |
3284 | Statutes, in a reference thereto, subsection (6) of section |
3285 | 1013.30, Florida Statutes, is reenacted to read: |
3286 | 1013.30 University campus master plans and campus |
3287 | development agreements.- |
3288 | (6) Before a campus master plan is adopted, a copy of the |
3289 | draft master plan must be sent for review or made available |
3290 | electronically to the host and any affected local governments, |
3291 | the state land planning agency, the Department of Environmental |
3292 | Protection, the Department of Transportation, the Department of |
3293 | State, the Fish and Wildlife Conservation Commission, and the |
3294 | applicable water management district and regional planning |
3295 | council. At the request of a governmental entity, a hard copy of |
3296 | the draft master plan shall be submitted within 7 business days |
3297 | of an electronic copy being made available. These agencies must |
3298 | be given 90 days after receipt of the campus master plans in |
3299 | which to conduct their review and provide comments to the |
3300 | university board of trustees. The commencement of this review |
3301 | period must be advertised in newspapers of general circulation |
3302 | within the host local government and any affected local |
3303 | government to allow for public comment. Following receipt and |
3304 | consideration of all comments and the holding of an informal |
3305 | information session and at least two public hearings within the |
3306 | host jurisdiction, the university board of trustees shall adopt |
3307 | the campus master plan. It is the intent of the Legislature that |
3308 | the university board of trustees comply with the notice |
3309 | requirements set forth in s. 163.3184(15) to ensure full public |
3310 | participation in this planning process. The informal public |
3311 | information session must be held before the first public |
3312 | hearing. The first public hearing shall be held before the draft |
3313 | master plan is sent to the agencies specified in this |
3314 | subsection. The second public hearing shall be held in |
3315 | conjunction with the adoption of the draft master plan by the |
3316 | university board of trustees. Campus master plans developed |
3317 | under this section are not rules and are not subject to chapter |
3318 | 120 except as otherwise provided in this section. |
3319 | Section 89. For the purpose of incorporating the |
3320 | amendments made by this act to section 166.041, Florida |
3321 | Statutes, in a reference thereto, paragraph (c) of subsection |
3322 | (1) of section 163.3187, Florida Statutes, is reenacted to read: |
3323 | 163.3187 Amendment of adopted comprehensive plan.- |
3324 | (1) Amendments to comprehensive plans adopted pursuant to |
3325 | this part may be made not more than two times during any |
3326 | calendar year, except: |
3327 | (c) Any local government comprehensive plan amendments |
3328 | directly related to proposed small scale development activities |
3329 | may be approved without regard to statutory limits on the |
3330 | frequency of consideration of amendments to the local |
3331 | comprehensive plan. A small scale development amendment may be |
3332 | adopted only under the following conditions: |
3333 | 1. The proposed amendment involves a use of 10 acres or |
3334 | fewer and: |
3335 | a. The cumulative annual effect of the acreage for all |
3336 | small scale development amendments adopted by the local |
3337 | government shall not exceed: |
3338 | (I) A maximum of 120 acres in a local government that |
3339 | contains areas specifically designated in the local |
3340 | comprehensive plan for urban infill, urban redevelopment, or |
3341 | downtown revitalization as defined in s. 163.3164, urban infill |
3342 | and redevelopment areas designated under s. 163.2517, |
3343 | transportation concurrency exception areas approved pursuant to |
3344 | s. 163.3180(5), or regional activity centers and urban central |
3345 | business districts approved pursuant to s. 380.06(2)(e); |
3346 | however, amendments under this paragraph may be applied to no |
3347 | more than 60 acres annually of property outside the designated |
3348 | areas listed in this sub-sub-subparagraph. Amendments adopted |
3349 | pursuant to paragraph (k) shall not be counted toward the |
3350 | acreage limitations for small scale amendments under this |
3351 | paragraph. |
3352 | (II) A maximum of 80 acres in a local government that does |
3353 | not contain any of the designated areas set forth in sub-sub- |
3354 | subparagraph (I). |
3355 | (III) A maximum of 120 acres in a county established |
3356 | pursuant to s. 9, Art. VIII of the State Constitution. |
3357 | b. The proposed amendment does not involve the same |
3358 | property granted a change within the prior 12 months. |
3359 | c. The proposed amendment does not involve the same |
3360 | owner's property within 200 feet of property granted a change |
3361 | within the prior 12 months. |
3362 | d. The proposed amendment does not involve a text change |
3363 | to the goals, policies, and objectives of the local government's |
3364 | comprehensive plan, but only proposes a land use change to the |
3365 | future land use map for a site-specific small scale development |
3366 | activity. |
3367 | e. The property that is the subject of the proposed |
3368 | amendment is not located within an area of critical state |
3369 | concern, unless the project subject to the proposed amendment |
3370 | involves the construction of affordable housing units meeting |
3371 | the criteria of s. 420.0004(3), and is located within an area of |
3372 | critical state concern designated by s. 380.0552 or by the |
3373 | Administration Commission pursuant to s. 380.05(1). Such |
3374 | amendment is not subject to the density limitations of sub- |
3375 | subparagraph f., and shall be reviewed by the state land |
3376 | planning agency for consistency with the principles for guiding |
3377 | development applicable to the area of critical state concern |
3378 | where the amendment is located and shall not become effective |
3379 | until a final order is issued under s. 380.05(6). |
3380 | f. If the proposed amendment involves a residential land |
3381 | use, the residential land use has a density of 10 units or less |
3382 | per acre or the proposed future land use category allows a |
3383 | maximum residential density of the same or less than the maximum |
3384 | residential density allowable under the existing future land use |
3385 | category, except that this limitation does not apply to small |
3386 | scale amendments involving the construction of affordable |
3387 | housing units meeting the criteria of s. 420.0004(3) on property |
3388 | which will be the subject of a land use restriction agreement, |
3389 | or small scale amendments described in sub-sub-subparagraph |
3390 | a.(I) that are designated in the local comprehensive plan for |
3391 | urban infill, urban redevelopment, or downtown revitalization as |
3392 | defined in s. 163.3164, urban infill and redevelopment areas |
3393 | designated under s. 163.2517, transportation concurrency |
3394 | exception areas approved pursuant to s. 163.3180(5), or regional |
3395 | activity centers and urban central business districts approved |
3396 | pursuant to s. 380.06(2)(e). |
3397 | 2.a. A local government that proposes to consider a plan |
3398 | amendment pursuant to this paragraph is not required to comply |
3399 | with the procedures and public notice requirements of s. |
3400 | 163.3184(15)(c) for such plan amendments if the local government |
3401 | complies with the provisions in s. 125.66(4)(a) for a county or |
3402 | in s. 166.041(3)(c) for a municipality. If a request for a plan |
3403 | amendment under this paragraph is initiated by other than the |
3404 | local government, public notice is required. |
3405 | b. The local government shall send copies of the notice |
3406 | and amendment to the state land planning agency, the regional |
3407 | planning council, and any other person or entity requesting a |
3408 | copy. This information shall also include a statement |
3409 | identifying any property subject to the amendment that is |
3410 | located within a coastal high-hazard area as identified in the |
3411 | local comprehensive plan. |
3412 | 3. Small scale development amendments adopted pursuant to |
3413 | this paragraph require only one public hearing before the |
3414 | governing board, which shall be an adoption hearing as described |
3415 | in s. 163.3184(7), and are not subject to the requirements of s. |
3416 | 163.3184(3)-(6) unless the local government elects to have them |
3417 | subject to those requirements. |
3418 | 4. If the small scale development amendment involves a |
3419 | site within an area that is designated by the Governor as a |
3420 | rural area of critical economic concern under s. 288.0656(7) for |
3421 | the duration of such designation, the 10-acre limit listed in |
3422 | subparagraph 1. shall be increased by 100 percent to 20 acres. |
3423 | The local government approving the small scale plan amendment |
3424 | shall certify to the Office of Tourism, Trade, and Economic |
3425 | Development that the plan amendment furthers the economic |
3426 | objectives set forth in the executive order issued under s. |
3427 | 288.0656(7), and the property subject to the plan amendment |
3428 | shall undergo public review to ensure that all concurrency |
3429 | requirements and federal, state, and local environmental permit |
3430 | requirements are met. |
3431 | Section 90. For the purpose of incorporating the |
3432 | amendments made by this act to section 200.065, Florida |
3433 | Statutes, in references thereto, paragraphs (b) and (c) of |
3434 | subsection (1) of section 192.0105, Florida Statutes, are |
3435 | reenacted to read: |
3436 | 192.0105 Taxpayer rights.-There is created a Florida |
3437 | Taxpayer's Bill of Rights for property taxes and assessments to |
3438 | guarantee that the rights, privacy, and property of the |
3439 | taxpayers of this state are adequately safeguarded and protected |
3440 | during tax levy, assessment, collection, and enforcement |
3441 | processes administered under the revenue laws of this state. The |
3442 | Taxpayer's Bill of Rights compiles, in one document, brief but |
3443 | comprehensive statements that summarize the rights and |
3444 | obligations of the property appraisers, tax collectors, clerks |
3445 | of the court, local governing boards, the Department of Revenue, |
3446 | and taxpayers. Additional rights afforded to payors of taxes and |
3447 | assessments imposed under the revenue laws of this state are |
3448 | provided in s. 213.015. The rights afforded taxpayers to assure |
3449 | that their privacy and property are safeguarded and protected |
3450 | during tax levy, assessment, and collection are available only |
3451 | insofar as they are implemented in other parts of the Florida |
3452 | Statutes or rules of the Department of Revenue. The rights so |
3453 | guaranteed to state taxpayers in the Florida Statutes and the |
3454 | departmental rules include: |
3455 | (1) THE RIGHT TO KNOW.- |
3456 | (b) The right to notification of a public hearing on each |
3457 | taxing authority's tentative budget and proposed millage rate |
3458 | and advertisement of a public hearing to finalize the budget and |
3459 | adopt a millage rate (see s. 200.065(2)(c) and (d)). |
3460 | (c) The right to advertised notice of the amount by which |
3461 | the tentatively adopted millage rate results in taxes that |
3462 | exceed the previous year's taxes (see s. 200.065(2)(d) and (3)). |
3463 | The right to notification by first-class mail of a comparison of |
3464 | the amount of the taxes to be levied from the proposed millage |
3465 | rate under the tentative budget change, compared to the previous |
3466 | year's taxes, and also compared to the taxes that would be |
3467 | levied if no budget change is made (see ss. 200.065(2)(b) and |
3468 | 200.069(2), (3), (4), and (8)). |
3469 | Section 91. For the purpose of incorporating the |
3470 | amendments made by this act to section 200.065, Florida |
3471 | Statutes, in a reference thereto, section 200.068, Florida |
3472 | Statutes, is reenacted to read: |
3473 | 200.068 Certification of compliance with this chapter.-Not |
3474 | later than 30 days following adoption of an ordinance or |
3475 | resolution establishing a property tax levy, each taxing |
3476 | authority shall certify compliance with the provisions of this |
3477 | chapter to the Department of Revenue. In addition to a statement |
3478 | of compliance, such certification shall include a copy of the |
3479 | ordinance or resolution so adopted; a copy of the certification |
3480 | of value showing rolled-back millage and proposed millage rates, |
3481 | as provided to the property appraiser pursuant to s. 200.065(1) |
3482 | and (2)(b); maximum millage rates calculated pursuant to s. |
3483 | 200.065(5), s. 200.185, or s. 200.186, together with values and |
3484 | calculations upon which the maximum millage rates are based; and |
3485 | a certified copy of the advertisement, as published pursuant to |
3486 | s. 200.065(3). In certifying compliance, the governing body of |
3487 | the county shall also include a certified copy of the notice |
3488 | required under s. 194.037. However, if the value adjustment |
3489 | board completes its hearings after the deadline for |
3490 | certification under this section, the county shall submit such |
3491 | copy to the department not later than 30 days following |
3492 | completion of such hearings. |
3493 | Section 92. For the purpose of incorporating the |
3494 | amendments made by this act to section 200.065, Florida |
3495 | Statutes, in a reference thereto, section 286.0105, Florida |
3496 | Statutes, is reenacted to read: |
3497 | 286.0105 Notices of meetings and hearings must advise that |
3498 | a record is required to appeal.-Each board, commission, or |
3499 | agency of this state or of any political subdivision thereof |
3500 | shall include in the notice of any meeting or hearing, if notice |
3501 | of the meeting or hearing is required, of such board, |
3502 | commission, or agency, conspicuously on such notice, the advice |
3503 | that, if a person decides to appeal any decision made by the |
3504 | board, agency, or commission with respect to any matter |
3505 | considered at such meeting or hearing, he or she will need a |
3506 | record of the proceedings, and that, for such purpose, he or she |
3507 | may need to ensure that a verbatim record of the proceedings is |
3508 | made, which record includes the testimony and evidence upon |
3509 | which the appeal is to be based. The requirements of this |
3510 | section do not apply to the notice provided in s. 200.065(3). |
3511 | Section 93. For the purpose of incorporating the |
3512 | amendments made by this act to section 705.103, Florida |
3513 | Statutes, in a reference thereto, subsection (1) of section |
3514 | 705.104, Florida Statutes, is reenacted to read: |
3515 | 705.104 Title to lost or abandoned property.- |
3516 | (1) Title to lost or abandoned property is hereby vested |
3517 | in the finder upon the expiration of the 90-day custodial time |
3518 | period specified in s. 705.103(2)(b), provided the notice |
3519 | requirements of s. 705.103 have been met, unless the rightful |
3520 | owner or a lienholder claims the property within that time. |
3521 | Section 94. For the purpose of incorporating the |
3522 | amendments made by this act to section 705.103, Florida |
3523 | Statutes, in references thereto, paragraph (b) of subsection (5) |
3524 | of section 717.119, Florida Statutes, is reenacted to read: |
3525 | 717.119 Payment or delivery of unclaimed property.- |
3526 | (5) All intangible and tangible property held in a safe- |
3527 | deposit box or any other safekeeping repository reported under |
3528 | s. 717.117 shall not be delivered to the department until 120 |
3529 | days after the report due date. The delivery of the property, |
3530 | through the United States mail or any other carrier, shall be |
3531 | insured by the holder at an amount equal to the estimated value |
3532 | of the property. Each package shall be clearly marked on the |
3533 | outside "Deliver Unopened." A holder's safe-deposit box contents |
3534 | shall be delivered to the department in a single shipment. In |
3535 | lieu of a single shipment, holders may provide the department |
3536 | with a single detailed shipping schedule that includes package |
3537 | tracking information for all packages being sent pursuant to |
3538 | this section. |
3539 | (b) Any firearm or ammunition found in an unclaimed safe- |
3540 | deposit box or any other safekeeping repository shall be |
3541 | delivered by the holder to a law enforcement agency for disposal |
3542 | pursuant to s. 705.103(2)(b) with the balance of the proceeds |
3543 | deposited into the State School Fund if the firearm is sold. |
3544 | However, the department is authorized to make a reasonable |
3545 | attempt to ascertain the historical value to collectors of any |
3546 | firearm that has been delivered to the department. Any firearm |
3547 | appearing to have historical value to collectors may be sold by |
3548 | the department pursuant to s. 717.122 to a person having a |
3549 | federal firearms license. Any firearm which is not sold pursuant |
3550 | to s. 717.122 shall be delivered by the department to a law |
3551 | enforcement agency in this state for disposal pursuant to s. |
3552 | 705.103(2)(b) with the balance of the proceeds deposited into |
3553 | the State School Fund if the firearm is sold. The department |
3554 | shall not be administratively, civilly, or criminally liable for |
3555 | any firearm delivered by the department to a law enforcement |
3556 | agency in this state for disposal. |
3557 | Section 95. This act shall take effect October 1, 2010. |