| 1 | A bill to be entitled |
| 2 | An act relating to effective public notices by |
| 3 | governmental entities; creating s. 50.0311, F.S.; defining |
| 4 | the term "publicly accessible website"; authorizing a |
| 5 | local government to use its publicly accessible website |
| 6 | for legally required advertisements and public notices; |
| 7 | providing conditions for such use; providing for optional |
| 8 | receipt of legally required advertisements and public |
| 9 | notices by first-class mail or e-mail; providing |
| 10 | requirements for advertisements and public notices |
| 11 | published on a publicly accessible website; amending s. |
| 12 | 50.011, F.S.; providing that a notice, advertisement, or |
| 13 | publication on a publicly accessible website of a local |
| 14 | government in accordance with s. 50.0311, F.S., |
| 15 | constitutes legal notice; amending s. 50.021, F.S.; |
| 16 | providing that advertisements directed by law or order or |
| 17 | decree of court to be made in a county in which no |
| 18 | newspaper is published may be made by publication on a |
| 19 | publicly accessible website; amending s. 50.051, F.S.; |
| 20 | providing clarifying provisions; amending s. 50.061, F.S.; |
| 21 | providing clarifying provisions; amending s. 100.342, |
| 22 | F.S.; providing for notice of special election or |
| 23 | referendum on a publicly accessible website; amending s. |
| 24 | 125.66, F.S.; providing for notice of consideration of an |
| 25 | ordinance by a board of county commissioners to be |
| 26 | published on a publicly accessible website; requiring |
| 27 | maintenance of the advertisement for a specified period; |
| 28 | providing clarifying provisions; amending s. 129.03, F.S.; |
| 29 | providing for the advertisement of a summary statement of |
| 30 | adopted tentative county budgets on a publicly accessible |
| 31 | website; amending s. 129.06, F.S.; providing for |
| 32 | advertisement of a public hearing relating to the |
| 33 | amendment of a county budget on a publicly accessible |
| 34 | website; amending s. 153.79, F.S.; providing for public |
| 35 | advertisement by a county water and sewer system district |
| 36 | of projects to construct, reconstruct, acquire, or improve |
| 37 | a water system or a sewer system, and of a call for sealed |
| 38 | bids for such projects, on a publicly accessible website; |
| 39 | amending s. 159.32, F.S.; providing for advertisement for |
| 40 | competitive bids for contracts for the construction of a |
| 41 | project under the Florida Industrial Development Financing |
| 42 | Act on a publicly accessible website; amending s. 162.12, |
| 43 | F.S.; providing for optional serving of notice by a code |
| 44 | enforcement board of a violation of a county or municipal |
| 45 | code via a publicly accessible website; amending s. |
| 46 | 163.3184, F.S.; providing for notice of public hearings on |
| 47 | the adoption of a local government comprehensive plan or |
| 48 | plan amendment or the approval of a compliance agreement |
| 49 | under the Local Government Comprehensive Planning and Land |
| 50 | Development Regulation Act via a publicly accessible |
| 51 | website; amending s. 166.041, F.S.; providing for notice |
| 52 | of adoption of a municipal ordinance via a publicly |
| 53 | accessible website; providing clarifying provisions; |
| 54 | amending s. 170.05, F.S.; providing for publication on a |
| 55 | publicly accessible website of a resolution relating to |
| 56 | municipal public improvements financed by special |
| 57 | assessments; amending s. 170.07, F.S.; providing for |
| 58 | publication on a publicly accessible website of notice of |
| 59 | hearing on municipal public improvements financed by |
| 60 | special assessments; amending s. 180.24, F.S.; providing |
| 61 | for advertisement via a publicly accessible website of |
| 62 | specified construction contracts for utilities or |
| 63 | extensions to a previously constructed utility; amending |
| 64 | s. 197.3632, F.S.; providing for publication on a publicly |
| 65 | accessible website of a local government's notice of |
| 66 | intent to use the uniform method of collecting non-ad |
| 67 | valorem assessments; amending s. 200.065, F.S.; providing |
| 68 | for advertisement on a publicly accessible website of a |
| 69 | taxing authority's intent to adopt a millage rate and |
| 70 | budget; providing for advertisement on a publicly |
| 71 | accessible website of the intention of a specified |
| 72 | multicounty taxing authority to adopt a tentative budget |
| 73 | and millage rate; providing clarifying and conforming |
| 74 | provisions; providing for notice via a publicly accessible |
| 75 | website of correction of a specified error contained in a |
| 76 | notice of proposed property taxes mailed to taxpayers; |
| 77 | amending s. 255.0525, F.S.; providing for advertisement |
| 78 | via a publicly accessible website for the solicitation of |
| 79 | competitive bids or proposals for construction projects of |
| 80 | a county, municipality, or other political subdivision |
| 81 | which are projected to exceed specified costs; amending s. |
| 82 | 380.06, F.S.; providing for publication of an |
| 83 | advertisement on a publicly accessible website of a public |
| 84 | hearing by a local government on an areawide development |
| 85 | of regional impact under the Florida Environmental Land |
| 86 | and Water Management Act of 1972; amending s. 403.7049, |
| 87 | F.S.; prescribing procedures for fulfilling public |
| 88 | disclosure system requirements with respect to the duty of |
| 89 | a municipality to disclose costs for solid waste |
| 90 | management; amending s. 403.973, F.S.; redefining the term |
| 91 | "duly noticed" to include publication on a publicly |
| 92 | accessible website; providing conforming provisions; |
| 93 | amending s. 420.9075, F.S.; providing for advertisement of |
| 94 | notice on a publicly accessible website of funding |
| 95 | availability through a local housing assistance plan under |
| 96 | the State Housing Initiatives Partnership Act; providing |
| 97 | an effective date. |
| 98 |
|
| 99 | Be It Enacted by the Legislature of the State of Florida: |
| 100 |
|
| 101 | Section 1. Section 50.0311, Florida Statutes, is created |
| 102 | to read: |
| 103 | 50.0311 Publication of advertisements and public notices |
| 104 | on a local government's publicly accessible website and |
| 105 | government access channels.- |
| 106 | (1) For purposes of notices and advertisements required by |
| 107 | statute to be published by a local government, the term |
| 108 | "publicly accessible website" means a county or municipal |
| 109 | government's official website that is accessible via the |
| 110 | Internet. |
| 111 | (2) If specifically authorized by ordinance, a local |
| 112 | government may use its website for legally required |
| 113 | advertisements and public notices if: |
| 114 | (a) A public library or other governmental facility |
| 115 | providing free access to the Internet during regular business |
| 116 | hours exists within the jurisdictional boundaries of such county |
| 117 | or municipality; |
| 118 | (b) The local government provides notice to its residents |
| 119 | at least once per year in a newspaper of general circulation, |
| 120 | the county or municipality's newsletter or periodical, or |
| 121 | another publication that is mailed or delivered to all residents |
| 122 | or property owners throughout the local government's |
| 123 | jurisdiction, indicating that residents may receive legally |
| 124 | required advertisements and public notices from the local |
| 125 | government by first-class mail or e-mail upon registering their |
| 126 | name and address or e-mail address with the local governmental |
| 127 | entity; and |
| 128 | (c) The local government maintains a registry of names, |
| 129 | addresses, and e-mail addresses of residents who request in |
| 130 | writing that they receive legally required advertisements and |
| 131 | public notices from the local government by first-class mail or |
| 132 | e-mail. |
| 133 | (3) Advertisements and public notices published on a |
| 134 | publicly accessible website shall be conspicuously placed on the |
| 135 | website's homepage or accessible through a direct link from the |
| 136 | homepage. The advertisement shall indicate the date on which the |
| 137 | advertisement was first published on the publicly accessible |
| 138 | website. |
| 139 | (4) The local government that has a government access |
| 140 | channel authorized under s. 610.109 may also include on its |
| 141 | government access channel a summary of all advertisements and |
| 142 | public notices that are published on its website. |
| 143 | Section 2. Section 50.011, Florida Statutes, is amended to |
| 144 | read: |
| 145 | 50.011 Where and in what language legal notices to be |
| 146 | published.-Whenever by statute an official or legal |
| 147 | advertisement or a publication, or notice in a newspaper has |
| 148 | been or is directed or permitted in the nature of or in lieu of |
| 149 | process, or for constructive service, or in initiating, |
| 150 | assuming, reviewing, exercising or enforcing jurisdiction or |
| 151 | power, or for any purpose, including all legal notices and |
| 152 | advertisements of sheriffs and tax collectors, the |
| 153 | contemporaneous and continuous intent and meaning of such |
| 154 | legislation all and singular, existing or repealed, is and has |
| 155 | been and is hereby declared to be and to have been, and the rule |
| 156 | of interpretation is and has been, a publication in a newspaper |
| 157 | printed and published periodically once a week or oftener, |
| 158 | containing at least 25 percent of its words in the English |
| 159 | language, entered or qualified to be admitted and entered as |
| 160 | periodicals matter at a post office in the county where |
| 161 | published, for sale to the public generally, available to the |
| 162 | public generally for the publication of official or other |
| 163 | notices and customarily containing information of a public |
| 164 | character or of interest or of value to the residents or owners |
| 165 | of property in the county where published, or of interest or of |
| 166 | value to the general public. Notwithstanding any provisions to |
| 167 | the contrary, and as specifically authorized by s. 50.0311, a |
| 168 | notice, advertisement, or publication on a publicly accessible |
| 169 | website of a local government in accordance with s. 50.0311 |
| 170 | constitutes legal notice. |
| 171 | Section 3. Section 50.021, Florida Statutes, is amended to |
| 172 | read: |
| 173 | 50.021 Publication when no newspaper in county.-When any |
| 174 | law, or order or decree of court, shall direct advertisements to |
| 175 | be made in any county and there be no newspaper published in the |
| 176 | said county, the advertisement may be made, in the case of a |
| 177 | county or municipality, by publishing such advertisement on a |
| 178 | publicly accessible website maintained by the entity responsible |
| 179 | for publication or posting three copies thereof in three |
| 180 | different places in said county, one of which shall be at the |
| 181 | front door of the courthouse, and by publication in the nearest |
| 182 | county in which a newspaper is published. |
| 183 | Section 4. Section 50.051, Florida Statutes, is amended to |
| 184 | read: |
| 185 | 50.051 Proof of publication; form of uniform affidavit.- |
| 186 | The printed form upon which all such affidavits establishing |
| 187 | proof of publication in a newspaper are to be executed shall be |
| 188 | substantially as follows: |
| 189 |
|
| 190 | NAME OF NEWSPAPER |
| 191 | Published (Weekly or Daily) |
| 192 | (Town or City) (County) FLORIDA |
| 193 |
|
| 194 | STATE OF FLORIDA |
| 195 |
|
| 196 | COUNTY OF ....: |
| 197 | Before the undersigned authority personally appeared ...., |
| 198 | who on oath says that he or she is .... of the ...., a .... |
| 199 | newspaper published at .... in .... County, Florida; that the |
| 200 | attached copy of advertisement, being a .... in the matter of |
| 201 | .... in the .... Court, was published in said newspaper in the |
| 202 | issues of ..... |
| 203 | Affiant further says that the said .... is a newspaper |
| 204 | published at ...., in said .... County, Florida, and that the |
| 205 | said newspaper has heretofore been continuously published in |
| 206 | said .... County, Florida, each .... and has been entered as |
| 207 | periodicals matter at the post office in ...., in said .... |
| 208 | County, Florida, for a period of 1 year next preceding the first |
| 209 | publication of the attached copy of advertisement; and affiant |
| 210 | further says that he or she has neither paid nor promised any |
| 211 | person, firm or corporation any discount, rebate, commission or |
| 212 | refund for the purpose of securing this advertisement for |
| 213 | publication in the said newspaper. |
| 214 |
|
| 215 | Sworn to and subscribed before me this .... day of ...., |
| 216 | ...(year)..., by ...., who is personally known to me or who has |
| 217 | produced (type of identification) as identification. |
| 218 |
|
| 219 |
|
| 220 | ...(Signature of Notary Public)... |
| 221 |
|
| 222 | ...(Print, Type, or Stamp Commissioned Name of Notary Public)... |
| 223 |
|
| 224 | ...(Notary Public)... |
| 225 | Section 5. Subsection (4) of section 50.061, Florida |
| 226 | Statutes, is amended to read: |
| 227 | 50.061 Amounts chargeable.- |
| 228 | (4) All official public notices and legal advertisements |
| 229 | published in a newspaper shall be charged and paid for on the |
| 230 | basis of 6-point type on 6-point body, unless otherwise |
| 231 | specified by statute. |
| 232 | Section 6. Section 100.342, Florida Statutes, is amended |
| 233 | to read: |
| 234 | 100.342 Notice of special election or referendum.-In any |
| 235 | special election or referendum not otherwise provided for there |
| 236 | shall be at least 30 days' notice of the election or referendum |
| 237 | by publication in a newspaper of general circulation in the |
| 238 | county, district, or municipality, as the case may be, or, in |
| 239 | the case of a county or municipality, publication on a publicly |
| 240 | accessible website maintained by the local government |
| 241 | responsible for publication and published daily during the 5 |
| 242 | weeks immediately preceding the election or referendum. If |
| 243 | advertised in the newspaper, the publication shall be made at |
| 244 | least twice, once in the fifth week and once in the third week |
| 245 | prior to the week in which the election or referendum is to be |
| 246 | held. If there is no newspaper of general circulation in the |
| 247 | county, district, or municipality and publication is not made on |
| 248 | a publicly accessible website maintained by the local government |
| 249 | responsible for publication, the notice shall be posted in no |
| 250 | fewer less than five places within the territorial limits of the |
| 251 | county, district, or municipality. |
| 252 | Section 7. Paragraph (a) of subsection (2) and paragraph |
| 253 | (b) of subsection (4) of section 125.66, Florida Statutes, are |
| 254 | amended to read: |
| 255 | 125.66 Ordinances; enactment procedure; emergency |
| 256 | ordinances; rezoning or change of land use ordinances or |
| 257 | resolutions.- |
| 258 | (2)(a) The regular enactment procedure shall be as |
| 259 | follows: The board of county commissioners at any regular or |
| 260 | special meeting may enact or amend any ordinance, except as |
| 261 | provided in subsection (4), if notice of intent to consider such |
| 262 | ordinance is given at least 10 days before the prior to said |
| 263 | meeting on a publicly accessible website maintained by the |
| 264 | county or by publication in a newspaper of general circulation |
| 265 | in the county. If advertised on a publicly accessible website, |
| 266 | the advertisement shall be published daily during the 10 days |
| 267 | immediately preceding the meeting. A copy of such notice shall |
| 268 | be kept available for public inspection during the regular |
| 269 | business hours of the office of the clerk of the board of county |
| 270 | commissioners. The notice of proposed enactment shall state the |
| 271 | date, time, and place of the meeting; the title or titles of |
| 272 | proposed ordinances; and the place or places within the county |
| 273 | where such proposed ordinances may be inspected by the public. |
| 274 | The notice shall also advise that interested parties may appear |
| 275 | at the meeting and be heard with respect to the proposed |
| 276 | ordinance. |
| 277 | (4) Ordinances or resolutions, initiated by other than the |
| 278 | county, that change the actual zoning map designation of a |
| 279 | parcel or parcels of land shall be enacted pursuant to |
| 280 | subsection (2). Ordinances or resolutions that change the actual |
| 281 | list of permitted, conditional, or prohibited uses within a |
| 282 | zoning category, or ordinances or resolutions initiated by the |
| 283 | county that change the actual zoning map designation of a parcel |
| 284 | or parcels of land shall be enacted pursuant to the following |
| 285 | procedure: |
| 286 | (b) In cases in which the proposed ordinance or resolution |
| 287 | changes the actual list of permitted, conditional, or prohibited |
| 288 | uses within a zoning category, or changes the actual zoning map |
| 289 | designation of a parcel or parcels of land involving 10 |
| 290 | contiguous acres or more, the board of county commissioners |
| 291 | shall provide for public notice and hearings as follows: |
| 292 | 1. The board of county commissioners shall hold two |
| 293 | advertised public hearings on the proposed ordinance or |
| 294 | resolution. At least one hearing shall be held after 5 p.m. on a |
| 295 | weekday, unless the board of county commissioners, by a majority |
| 296 | plus one vote, elects to conduct that hearing at another time of |
| 297 | day. The first public hearing shall be held at least 7 days |
| 298 | after the day that the first advertisement is published. The |
| 299 | second hearing shall be held at least 10 days after the first |
| 300 | hearing and shall be advertised at least 5 days prior to the |
| 301 | public hearing. |
| 302 | 2. The required newspaper advertisements shall be no less |
| 303 | than 2 columns wide by 10 inches long in a standard size or a |
| 304 | tabloid size newspaper, and the headline in the advertisement |
| 305 | shall be in a type no smaller than 18 point. The newspaper |
| 306 | advertisement shall not be placed in that portion of the |
| 307 | newspaper where legal notices and classified advertisements |
| 308 | appear. The newspaper advertisement shall be placed in a |
| 309 | newspaper of general paid circulation in the county and of |
| 310 | general interest and readership in the community pursuant to |
| 311 | chapter 50, not one of limited subject matter. It is the |
| 312 | legislative intent that, whenever possible, the newspaper |
| 313 | advertisement shall appear in a newspaper that is published at |
| 314 | least 5 days a week unless the only newspaper in the community |
| 315 | is published less than 5 days a week. The newspaper |
| 316 | advertisement shall be in substantially the following form: |
| 317 |
|
| 318 | NOTICE OF (TYPE OF) CHANGE |
| 319 |
|
| 320 | The ...(name of local governmental unit)... proposes to |
| 321 | adopt the following by ordinance or resolution:...(title of |
| 322 | ordinance or resolution).... |
| 323 | A public hearing on the ordinance or resolution will be |
| 324 | held on ...(date and time)... at ...(meeting place).... |
| 325 |
|
| 326 | Except for amendments which change the actual list of permitted, |
| 327 | conditional, or prohibited uses within a zoning category, the |
| 328 | advertisement shall contain a geographic location map which |
| 329 | clearly indicates the area within the local government covered |
| 330 | by the proposed ordinance or resolution. The map shall include |
| 331 | major street names as a means of identification of the general |
| 332 | area. |
| 333 | 3. In lieu of publishing the advertisements set out in |
| 334 | this paragraph, the board of county commissioners may mail a |
| 335 | notice to each person owning real property within the area |
| 336 | covered by the ordinance or resolution. Such notice shall |
| 337 | clearly explain the proposed ordinance or resolution and shall |
| 338 | notify the person of the time, place, and location of both |
| 339 | public hearings on the proposed ordinance or resolution. |
| 340 | Section 8. Paragraph (b) of subsection (3) of section |
| 341 | 129.03, Florida Statutes, is amended to read: |
| 342 | 129.03 Preparation and adoption of budget.- |
| 343 | (3) No later than 15 days after certification of value by |
| 344 | the property appraiser pursuant to s. 200.065(1), the county |
| 345 | budget officer, after tentatively ascertaining the proposed |
| 346 | fiscal policies of the board for the ensuing fiscal year, shall |
| 347 | prepare and present to the board a tentative budget for the |
| 348 | ensuing fiscal year for each of the funds provided in this |
| 349 | chapter, including all estimated receipts, taxes to be levied, |
| 350 | and balances expected to be brought forward and all estimated |
| 351 | expenditures, reserves, and balances to be carried over at the |
| 352 | end of the year. |
| 353 | (b) Upon receipt of the tentative budgets and completion |
| 354 | of any revisions made by the board, the board shall prepare a |
| 355 | statement summarizing all of the adopted tentative budgets. This |
| 356 | summary statement shall show, for each budget and the total of |
| 357 | all budgets, the proposed tax millages, the balances, the |
| 358 | reserves, and the total of each major classification of receipts |
| 359 | and expenditures, classified according to the classification of |
| 360 | accounts prescribed by the appropriate state agency. The board |
| 361 | shall cause this summary statement to be advertised one time in |
| 362 | a newspaper of general circulation published in the county, on a |
| 363 | publicly accessible website maintained by the county, or by |
| 364 | posting at the courthouse door if there is no such newspaper or |
| 365 | website, and the advertisement shall appear adjacent to the |
| 366 | advertisement required pursuant to s. 200.065. |
| 367 | Section 9. Paragraph (f) of subsection (2) of section |
| 368 | 129.06, Florida Statutes, is amended to read: |
| 369 | 129.06 Execution and amendment of budget.- |
| 370 | (2) The board at any time within a fiscal year may amend a |
| 371 | budget for that year, and may within the first 60 days of a |
| 372 | fiscal year amend the budget for the prior fiscal year, as |
| 373 | follows: |
| 374 | (f) If an amendment to a budget is required for a purpose |
| 375 | not specifically authorized in paragraphs (a)-(e), unless |
| 376 | otherwise prohibited by law, the amendment may be authorized by |
| 377 | resolution or ordinance of the board of county commissioners |
| 378 | adopted following a public hearing. The public hearing must be |
| 379 | advertised at least 2 days, but not more than 5 days, before the |
| 380 | date of the hearing. The advertisement must appear on a publicly |
| 381 | accessible website maintained by the county or in a newspaper of |
| 382 | paid general circulation and must identify the name of the |
| 383 | taxing authority, the date, place, and time of the hearing, and |
| 384 | the purpose of the hearing. If advertised in the newspaper, the |
| 385 | public hearing must be advertised at least 2 days, but not more |
| 386 | than 5 days, before the date of the hearing. If advertised on a |
| 387 | publicly accessible website, the notice must be published daily |
| 388 | during the 5 days immediately preceding the hearing. The |
| 389 | advertisement must also identify each budgetary fund to be |
| 390 | amended, the source of the funds, the use of the funds, and the |
| 391 | total amount of each budget. |
| 392 | Section 10. Section 153.79, Florida Statutes, is amended |
| 393 | to read: |
| 394 | 153.79 Contracts for construction of improvements, sealed |
| 395 | bids.-All contracts let, awarded, or entered into by the |
| 396 | district for the construction, reconstruction, or acquisition or |
| 397 | improvement of a water system or a sewer system or both or any |
| 398 | part thereof, if the amount thereof shall exceed $1,000, shall |
| 399 | be awarded only after public advertisement and call for sealed |
| 400 | bids therefor on a publicly accessible website maintained by the |
| 401 | county or, in a newspaper published in the county circulating in |
| 402 | the district, or, if there is be no such website or newspaper, |
| 403 | then in a newspaper published in the state and circulating in |
| 404 | the district. If advertised in the newspaper, such advertisement |
| 405 | shall to be published at least once at least 3 weeks before the |
| 406 | date set for the receipt of such bids. If advertised on a |
| 407 | publicly accessible website, such advertisement shall be |
| 408 | published daily during the 3 weeks immediately preceding the |
| 409 | date set for the receipt of such bids. Such advertisements for |
| 410 | bids in addition to the other necessary and pertinent matter |
| 411 | shall state in general terms the nature and description of the |
| 412 | improvement or improvements to be undertaken and shall state |
| 413 | that detailed plans and specifications for such work are on file |
| 414 | for inspection in the office of the district clerk and copies |
| 415 | thereof shall be furnished to any interested party upon payment |
| 416 | of reasonable charges to reimburse the district for its expenses |
| 417 | in providing such copies. The award shall be made to the |
| 418 | responsible and competent bidder or bidders who shall offer to |
| 419 | undertake the improvements at the lowest cost to the district |
| 420 | and such bidder or bidders shall be required to file bond for |
| 421 | the full and faithful performance of such work and the execution |
| 422 | of any such contract in such amount as the district board shall |
| 423 | determine, and in all other respects the letting of such |
| 424 | construction contracts shall comply with applicable provisions |
| 425 | of the general laws relating to the letting of public contracts. |
| 426 | Nothing in this section shall be deemed to prevent the district |
| 427 | from hiring or retaining such consulting engineers, attorneys, |
| 428 | financial experts or other technicians as it shall determine, in |
| 429 | its discretion, or from undertaking any construction work with |
| 430 | its own resources, without any such public advertisement. |
| 431 | Section 11. Section 159.32, Florida Statutes, is amended |
| 432 | to read: |
| 433 | 159.32 Construction contracts.-Contracts for the |
| 434 | construction of the project may be awarded by the local agency |
| 435 | in such manner as in its judgment will best promote free and |
| 436 | open competition, including advertisement for competitive bids |
| 437 | in a newspaper of general circulation within the boundaries of |
| 438 | the local agency or on a publicly accessible website maintained |
| 439 | by the county; however, if the local agency shall determine that |
| 440 | the purposes of this part will be more effectively served, the |
| 441 | local agency in its discretion may award or cause to be awarded |
| 442 | contracts for the construction of any project, or any part |
| 443 | thereof, upon a negotiated basis as determined by the local |
| 444 | agency. The local agency shall prescribe bid security |
| 445 | requirements and other procedures in connection with the award |
| 446 | of such contracts as in its judgment shall protect the public |
| 447 | interest. The local agency may by written contract engage the |
| 448 | services of the lessee, purchaser, or prospective lessee or |
| 449 | purchaser of any project in the construction of the project and |
| 450 | may provide in the contract that the lessee, purchaser, or |
| 451 | prospective lessee or purchaser may act as an agent of, or an |
| 452 | independent contractor for, the local agency for the performance |
| 453 | of the functions described therein, subject to such conditions |
| 454 | and requirements consistent with the provisions of this part as |
| 455 | shall be prescribed in the contract, including functions such as |
| 456 | the acquisition of the site and other real property for the |
| 457 | project; the preparation of plans, specifications, and contract |
| 458 | documents; the award of construction and other contracts upon a |
| 459 | competitive or negotiated basis; the construction of the |
| 460 | project, or any part thereof, directly by the lessee, purchaser, |
| 461 | or prospective lessee or purchaser; the inspection and |
| 462 | supervision of construction; the employment of engineers, |
| 463 | architects, builders, and other contractors; and the provision |
| 464 | of money to pay the cost thereof pending reimbursement by the |
| 465 | local agency. Any such contract may provide that the local |
| 466 | agency may, out of proceeds of bonds, make advances to or |
| 467 | reimburse the lessee, purchaser, or prospective lessee or |
| 468 | purchaser for its costs incurred in the performance of those |
| 469 | functions, and shall set forth the supporting documents required |
| 470 | to be submitted to the local agency and the reviews, |
| 471 | examinations, and audits that shall be required in connection |
| 472 | therewith to assure compliance with the provisions of this part |
| 473 | and the contract. |
| 474 | Section 12. Paragraph (a) of subsection (2) of section |
| 475 | 162.12, Florida Statutes, is amended to read: |
| 476 | 162.12 Notices.- |
| 477 | (2) In addition to providing notice as set forth in |
| 478 | subsection (1), at the option of the code enforcement board, |
| 479 | notice may also be served by publication or posting, as follows: |
| 480 | (a)1. Such notice shall be published once during each week |
| 481 | for 4 consecutive weeks (four publications being sufficient) in |
| 482 | a newspaper of general circulation in the county where the code |
| 483 | enforcement board is located or daily during the 4 weeks |
| 484 | immediately preceding the hearing on a publicly accessible |
| 485 | website maintained by the local government. The website and |
| 486 | newspaper shall meet such requirements as are prescribed under |
| 487 | chapter 50 for legal and official advertisements. |
| 488 | 2. Proof of newspaper publication shall be made as |
| 489 | provided in ss. 50.041 and 50.051. |
| 490 |
|
| 491 | Evidence that an attempt has been made to hand deliver or mail |
| 492 | notice as provided in subsection (1), together with proof of |
| 493 | publication or posting as provided in subsection (2), shall be |
| 494 | sufficient to show that the notice requirements of this part |
| 495 | have been met, without regard to whether or not the alleged |
| 496 | violator actually received such notice. |
| 497 | Section 13. Paragraph (b) of subsection (15) and paragraph |
| 498 | (c) of subsection (16) of section 163.3184, Florida Statutes, |
| 499 | are amended to read: |
| 500 | 163.3184 Process for adoption of comprehensive plan or |
| 501 | plan amendment.- |
| 502 | (15) PUBLIC HEARINGS.- |
| 503 | (b) The local governing body shall hold at least two |
| 504 | advertised public hearings on the proposed comprehensive plan or |
| 505 | plan amendment as follows: |
| 506 | 1. The first public hearing shall be held at the |
| 507 | transmittal stage pursuant to subsection (3). It shall be held |
| 508 | on a weekday at least 7 days after the day that the first |
| 509 | advertisement is published or after the notice of the first |
| 510 | public hearing is initially published on the publicly accessible |
| 511 | website. |
| 512 | 2. The second public hearing shall be held at the adoption |
| 513 | stage pursuant to subsection (7). It shall be held on a weekday |
| 514 | at least 5 days after the day that the second advertisement is |
| 515 | published or after the notice of the second public hearing is |
| 516 | initially published on the publicly accessible website. |
| 517 | (16) COMPLIANCE AGREEMENTS.- |
| 518 | (c) Before Prior to its execution of a compliance |
| 519 | agreement, the local government must approve the compliance |
| 520 | agreement at a public hearing advertised at least 10 days before |
| 521 | the public hearing in a newspaper of general circulation in the |
| 522 | area or daily during the 10 days immediately preceding the |
| 523 | hearing on a publicly accessible website maintained by the local |
| 524 | government in accordance with the advertisement requirements of |
| 525 | subsection (15). |
| 526 | Section 14. Paragraphs (a) and (c) of subsection (3) of |
| 527 | section 166.041, Florida Statutes, are amended to read: |
| 528 | 166.041 Procedures for adoption of ordinances and |
| 529 | resolutions.- |
| 530 | (3)(a) Except as provided in paragraph (c), a proposed |
| 531 | ordinance may be read by title, or in full, on at least 2 |
| 532 | separate days and shall, at least 10 days before prior to |
| 533 | adoption, be noticed once in a newspaper of general |
| 534 | in the municipality or noticed daily during the 10 |
| 535 | immediately preceding the adoption on a publicly accessible |
| 536 | website maintained by the municipality. The notice of proposed |
| 537 | enactment shall state the date, time, and place of the meeting; |
| 538 | the title or titles of proposed ordinances; and the place or |
| 539 | places within the municipality where such proposed ordinances |
| 540 | may be inspected by the public. The notice shall also advise |
| 541 | that interested parties may appear at the meeting and be heard |
| 542 | with respect to the proposed ordinance. |
| 543 | (c) Ordinances initiated by other than the municipality |
| 544 | that change the actual zoning map designation of a parcel or |
| 545 | parcels of land shall be enacted pursuant to paragraph (a). |
| 546 | Ordinances that change the actual list of permitted, |
| 547 | conditional, or prohibited uses within a zoning category, or |
| 548 | ordinances initiated by the municipality that change the actual |
| 549 | zoning map designation of a parcel or parcels of land shall be |
| 550 | enacted pursuant to the following procedure: |
| 551 | 1. In cases in which the proposed ordinance changes the |
| 552 | actual zoning map designation for a parcel or parcels of land |
| 553 | involving less than 10 contiguous acres, the governing body |
| 554 | shall direct the clerk of the governing body to notify by mail |
| 555 | each real property owner whose land the municipality will |
| 556 | redesignate by enactment of the ordinance and whose address is |
| 557 | known by reference to the latest ad valorem tax records. The |
| 558 | notice shall state the substance of the proposed ordinance as it |
| 559 | affects that property owner and shall set a time and place for |
| 560 | one or more public hearings on such ordinance. Such notice shall |
| 561 | be given at least 30 days prior to the date set for the public |
| 562 | hearing, and a copy of the notice shall be kept available for |
| 563 | public inspection during the regular business hours of the |
| 564 | office of the clerk of the governing body. The governing body |
| 565 | shall hold a public hearing on the proposed ordinance and may, |
| 566 | upon the conclusion of the hearing, immediately adopt the |
| 567 | ordinance. |
| 568 | 2. In cases in which the proposed ordinance changes the |
| 569 | actual list of permitted, conditional, or prohibited uses within |
| 570 | a zoning category, or changes the actual zoning map designation |
| 571 | of a parcel or parcels of land involving 10 contiguous acres or |
| 572 | more, the governing body shall provide for public notice and |
| 573 | hearings as follows: |
| 574 | a. The local governing body shall hold two advertised |
| 575 | public hearings on the proposed ordinance. At least one hearing |
| 576 | shall be held after 5 p.m. on a weekday, unless the local |
| 577 | governing body, by a majority plus one vote, elects to conduct |
| 578 | that hearing at another time of day. The first public hearing |
| 579 | shall be held at least 7 days after the day that the first |
| 580 | advertisement is published. The second hearing shall be held at |
| 581 | least 10 days after the first hearing and shall be advertised at |
| 582 | least 5 days prior to the public hearing. |
| 583 | b. The required newspaper advertisements shall be no less |
| 584 | than 2 columns wide by 10 inches long in a standard size or a |
| 585 | tabloid size newspaper, and the headline in the advertisement |
| 586 | shall be in a type no smaller than 18 point. The newspaper |
| 587 | advertisement shall not be placed in that portion of the |
| 588 | newspaper where legal notices and classified advertisements |
| 589 | appear. The newspaper advertisement shall be placed in a |
| 590 | newspaper of general paid circulation in the municipality and of |
| 591 | general interest and readership in the municipality, not one of |
| 592 | limited subject matter, pursuant to chapter 50. It is the |
| 593 | legislative intent that, whenever possible, the newspaper |
| 594 | advertisement appear in a newspaper that is published at least 5 |
| 595 | days a week unless the only newspaper in the municipality is |
| 596 | published less than 5 days a week. The newspaper advertisement |
| 597 | shall be in substantially the following form: |
| 598 | NOTICE OF (TYPE OF) CHANGE |
| 599 |
|
| 600 | The ...(name of local governmental unit)... proposes to |
| 601 | adopt the following ordinance:...(title of the ordinance).... |
| 602 | A public hearing on the ordinance will be held on ...(date |
| 603 | 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 covered by the proposed ordinance. |
| 609 | The map shall include major street names as a means of |
| 610 | identification of the general area. |
| 611 | c. In lieu of publishing the advertisement set out in this |
| 612 | paragraph, the municipality may mail a notice to each person |
| 613 | owning real property within the area covered by the ordinance. |
| 614 | Such notice shall clearly explain the proposed ordinance and |
| 615 | shall notify the person of the time, place, and location of any |
| 616 | public hearing on the proposed ordinance. |
| 617 | Section 15. Section 170.05, Florida Statutes, is amended |
| 618 | to read: |
| 619 | 170.05 Publication of resolution.-Upon the adoption of the |
| 620 | resolution provided for in s. 170.03, the municipality shall |
| 621 | cause said resolution to be published on a publicly accessible |
| 622 | website maintained by the municipality or one time in a |
| 623 | newspaper of general circulation published in said municipality, |
| 624 | and if there is be no website or newspaper published in said |
| 625 | municipality, the governing authority of said municipality shall |
| 626 | cause said resolution to be published once a week for a period |
| 627 | of 2 weeks in a newspaper of general circulation published in |
| 628 | the county in which said municipality is located. |
| 629 | Section 16. Section 170.07, Florida Statutes, is amended |
| 630 | to read: |
| 631 | 170.07 Publication of preliminary assessment roll.-Upon |
| 632 | the completion of said preliminary assessment roll, the |
| 633 | governing authority of the municipality shall by resolution fix |
| 634 | a time and place at which the owners of the property to be |
| 635 | assessed or any other persons interested therein may appear |
| 636 | before said governing authority and be heard as to the propriety |
| 637 | and advisability of making such improvements, as to the cost |
| 638 | thereof, as to the manner of payment therefor, and as to the |
| 639 | amount thereof to be assessed against each property so improved. |
| 640 | Thirty days' notice in writing of such time and place shall be |
| 641 | given to such property owners. The notice shall include the |
| 642 | amount of the assessment and shall be served by mailing a copy |
| 643 | to each of such property owners at his or her last known |
| 644 | address, the names and addresses of such property owners to be |
| 645 | obtained from the records of the property appraiser or from such |
| 646 | other sources as the city or town clerk or engineer deems |
| 647 | reliable, proof of such mailing to be made by the affidavit of |
| 648 | the clerk or deputy clerk of said municipality, or by the |
| 649 | engineer, said proof to be filed with the clerk, provided, that |
| 650 | failure to mail said notice or notices shall not invalidate any |
| 651 | of the proceedings hereunder. Notice of the time and place of |
| 652 | such hearing shall also be given by two publications a week |
| 653 | apart in a newspaper of general circulation in said municipality |
| 654 | or by publication daily for 2 weeks on a publicly accessible |
| 655 | website maintained by the municipality, and if there is be no |
| 656 | website or newspaper published in said municipality, the |
| 657 | governing authority of said municipality shall cause said notice |
| 658 | to be published in like manner in a newspaper of general |
| 659 | circulation published in the county in which said municipality |
| 660 | is located; provided that the last publication shall be at least |
| 661 | 1 week before prior to the date of the hearing. Said notice |
| 662 | shall describe the streets or other areas to be improved and |
| 663 | advise all persons interested that the description of each |
| 664 | property to be assessed and the amount to be assessed to each |
| 665 | piece or parcel of property may be ascertained at the office of |
| 666 | the clerk of the municipality. Such service by publication shall |
| 667 | be verified by the affidavit of the publisher and filed with the |
| 668 | clerk of said municipality. |
| 669 | Section 17. Subsection (1) of section 180.24, Florida |
| 670 | Statutes, is amended to read: |
| 671 | 180.24 Contracts for construction; bond; publication of |
| 672 | notice; bids.- |
| 673 | (1) Any municipality desiring the accomplishment of any or |
| 674 | all of the purposes of this chapter may make contracts for the |
| 675 | construction of any of the utilities mentioned in this chapter, |
| 676 | or any extension or extensions to any previously constructed |
| 677 | utility, which said contracts shall be in writing, and the |
| 678 | contractor shall be required to give bond, which said bond shall |
| 679 | be executed by a surety company authorized to do business in the |
| 680 | state; provided, however, construction contracts in excess of |
| 681 | $25,000 shall be advertised by the publication of a notice in a |
| 682 | newspaper of general circulation in the county in which said |
| 683 | municipality is located at least once each week for 2 |
| 684 | consecutive weeks, by publication daily for 2 weeks on a |
| 685 | publicly accessible website maintained by the municipality, or |
| 686 | by posting three notices in three conspicuous places in said |
| 687 | municipality, one of which shall be on the door of the city |
| 688 | hall; and that at least 10 days shall elapse between the date of |
| 689 | the first publication or posting of such notice and the date of |
| 690 | receiving bids and the execution of such contract documents. For |
| 691 | municipal construction projects identified in s. 255.0525, the |
| 692 | notice provision of that section supersedes and replaces the |
| 693 | notice provisions in this section. |
| 694 | Section 18. Paragraph (a) of subsection (3) of section |
| 695 | 197.3632, Florida Statutes, is amended to read: |
| 696 | 197.3632 Uniform method for the levy, collection, and |
| 697 | enforcement of non-ad valorem assessments.- |
| 698 | (3)(a) Notwithstanding any other provision of law to the |
| 699 | contrary, a local government which is authorized to impose a |
| 700 | non-ad valorem assessment and which elects to use the uniform |
| 701 | method of collecting such assessment for the first time as |
| 702 | authorized in this section shall adopt a resolution at a public |
| 703 | hearing before prior to January 1 or, if the property appraiser, |
| 704 | tax collector, and local government agree, March 1. The |
| 705 | resolution shall clearly state its intent to use the uniform |
| 706 | method of collecting such assessment. The local government shall |
| 707 | publish notice of its intent to use the uniform method for |
| 708 | collecting such assessment weekly in a newspaper of general |
| 709 | circulation within each county contained in the boundaries of |
| 710 | the local government for 4 consecutive weeks preceding the |
| 711 | hearing or, in the case of a county or municipality, daily |
| 712 | during the 4 consecutive weeks immediately preceding the hearing |
| 713 | on a publicly accessible website maintained by the county or |
| 714 | municipality. The resolution shall state the need for the levy |
| 715 | and shall include a legal description of the boundaries of the |
| 716 | real property subject to the levy. If the resolution is adopted, |
| 717 | the local governing board shall send a copy of it by United |
| 718 | States mail to the property appraiser, the tax collector, and |
| 719 | the department by January 10 or, if the property appraiser, tax |
| 720 | collector, and local government agree, March 10. |
| 721 | Section 19. Paragraph (d) of subsection (2), paragraph (g) |
| 722 | of subsection (3), paragraph (b) of subsection (12), and |
| 723 | paragraph (a) of subsection (14) of section 200.065, Florida |
| 724 | Statutes, are amended to read: |
| 725 | 200.065 Method of fixing millage.- |
| 726 | (2) No millage shall be levied until a resolution or |
| 727 | ordinance has been approved by the governing board of the taxing |
| 728 | authority which resolution or ordinance must be approved by the |
| 729 | taxing authority according to the following procedure: |
| 730 | (d) Within 15 days after the meeting adopting the |
| 731 | tentative budget, the taxing authority shall advertise in a |
| 732 | newspaper of general circulation in the county as provided in |
| 733 | subsection (3), its intent to finally adopt a millage rate and |
| 734 | budget or, in the case of a county or municipality, may |
| 735 | advertise on its publicly accessible website its intent to |
| 736 | finally adopt a millage rate and budget, and shall maintain the |
| 737 | notice on its website until completion of the hearing. If |
| 738 | advertised in a newspaper, a public hearing to finalize the |
| 739 | budget and adopt a millage rate shall be held not less than 2 |
| 740 | days nor more than 5 days after the day that the advertisement |
| 741 | is first published. During the hearing, the governing body of |
| 742 | the taxing authority shall amend the adopted tentative budget as |
| 743 | it sees fit, adopt a final budget, and adopt a resolution or |
| 744 | ordinance stating the millage rate to be levied. The resolution |
| 745 | or ordinance shall state the percent, if any, by which the |
| 746 | millage rate to be levied exceeds the rolled-back rate computed |
| 747 | pursuant to subsection (1), which shall be characterized as the |
| 748 | percentage increase in property taxes adopted by the governing |
| 749 | body. The adoption of the budget and the millage-levy resolution |
| 750 | or ordinance shall be by separate votes. For each taxing |
| 751 | authority levying millage, the name of the taxing authority, the |
| 752 | rolled-back rate, the percentage increase, and the millage rate |
| 753 | to be levied shall be publicly announced before prior to the |
| 754 | adoption of the millage-levy resolution or ordinance. In no |
| 755 | event may The millage rate adopted pursuant to this paragraph |
| 756 | may not exceed the millage rate tentatively adopted pursuant to |
| 757 | paragraph (c). If the rate tentatively adopted pursuant to |
| 758 | paragraph (c) exceeds the proposed rate provided to the property |
| 759 | appraiser pursuant to paragraph (b), or as subsequently adjusted |
| 760 | pursuant to subsection (11), each taxpayer within the |
| 761 | jurisdiction of the taxing authority shall be sent notice by |
| 762 | first-class mail of his or her taxes under the tentatively |
| 763 | adopted millage rate and his or her taxes under the previously |
| 764 | proposed rate. The notice must be prepared by the property |
| 765 | appraiser, at the expense of the taxing authority, and must |
| 766 | generally conform to the requirements of s. 200.069. If such |
| 767 | additional notice is necessary, its mailing must precede the |
| 768 | hearing held pursuant to this paragraph by not less than 10 days |
| 769 | and not more than 15 days. |
| 770 | (3) The advertisement shall be no less than one-quarter |
| 771 | page in size of a standard size or a tabloid size newspaper, and |
| 772 | the headline in the advertisement shall be in a type no smaller |
| 773 | than 18 point. The advertisement shall not be placed in that |
| 774 | portion of the newspaper where legal notices and classified |
| 775 | advertisements appear. The advertisement shall be published in a |
| 776 | newspaper of general paid circulation in the county or in a |
| 777 | geographically limited insert of such newspaper. The geographic |
| 778 | boundaries in which such insert is circulated shall include the |
| 779 | geographic boundaries of the taxing authority. It is the |
| 780 | legislative intent that, whenever possible, the advertisement |
| 781 | appear in a newspaper that is published at least 5 days a week |
| 782 | unless the only newspaper in the county is published less than 5 |
| 783 | days a week, or that the advertisement appear in a |
| 784 | geographically limited insert of such newspaper which insert is |
| 785 | published throughout the taxing authority's jurisdiction at |
| 786 | least twice each week. It is further the legislative intent that |
| 787 | the newspaper selected be one of general interest and readership |
| 788 | in the community and not one of limited subject matter, pursuant |
| 789 | to chapter 50. |
| 790 | (g) If In the event that the mailing of the notice of |
| 791 | proposed property taxes is delayed beyond September 3 in a |
| 792 | county, any multicounty taxing authority which levies ad valorem |
| 793 | taxes within that county shall advertise its intention to adopt |
| 794 | a tentative budget and millage rate on a publicly accessible |
| 795 | website maintained by the taxing authority or in a newspaper of |
| 796 | paid general circulation within that county, as provided in this |
| 797 | subsection, and shall hold the hearing required pursuant to |
| 798 | paragraph (2)(c). If advertised in the newspaper, the hearing |
| 799 | shall be held not less than 2 days or more than 5 days |
| 800 | thereafter, and not later than September 18. If advertised on |
| 801 | the website, the hearing shall be held not less than 2 days |
| 802 | after initial publication of the advertisement on the website |
| 803 | and not later than September 18, and shall remain on the website |
| 804 | until the date of the hearing. The advertisement shall be in the |
| 805 | following form, unless the proposed millage rate is less than or |
| 806 | equal to the rolled-back rate, computed pursuant to subsection |
| 807 | (1), in which case the advertisement shall be as provided in |
| 808 | paragraph (e): |
| 809 | NOTICE OF TAX INCREASE |
| 810 |
|
| 811 | The ...(name of the taxing authority)... proposes to |
| 812 | increase its property tax levy by ...(percentage of increase |
| 813 | over rolled-back rate)... percent. |
| 814 | All concerned citizens are invited to attend a public |
| 815 | hearing on the proposed tax increase to be held on ...(date and |
| 816 | time)... at ...(meeting place).... |
| 817 | (12) The time periods specified in this section shall be |
| 818 | determined by using the date of certification of value pursuant |
| 819 | to subsection (1) or July 1, whichever date is later, as day 1. |
| 820 | The time periods shall be considered directory and may be |
| 821 | shortened, provided: |
| 822 | (b) Any public hearing preceded by a newspaper |
| 823 | advertisement is held not less than 2 days or more than 5 days |
| 824 | following publication of such advertisement and any public |
| 825 | hearing preceded by advertisement on a website advertisement is |
| 826 | held not less than 2 days after initial publication; and |
| 827 | (14)(a) If the notice of proposed property taxes mailed to |
| 828 | taxpayers under this section contains an error, the property |
| 829 | appraiser, in lieu of mailing a corrected notice to all |
| 830 | taxpayers, may correct the error by mailing a short form of the |
| 831 | notice to those taxpayers affected by the error and its |
| 832 | correction. The notice shall be prepared by the property |
| 833 | appraiser at the expense of the taxing authority which caused |
| 834 | the error or at the property appraiser's expense if he or she |
| 835 | caused the error. The form of the notice must be approved by the |
| 836 | executive director of the Department of Revenue or the executive |
| 837 | director's designee. If the error involves only the date and |
| 838 | time of the public hearings required by this section, the |
| 839 | property appraiser, with the permission of the taxing authority |
| 840 | affected by the error, may correct the error by advertising the |
| 841 | corrected information on a publicly accessible website |
| 842 | maintained by the taxing authority or in a newspaper of general |
| 843 | circulation in the county as provided in subsection (3). |
| 844 | Section 20. Subsection (2) of section 255.0525, Florida |
| 845 | Statutes, is amended to read: |
| 846 | 255.0525 Advertising for competitive bids or proposals.- |
| 847 | (2) The solicitation of competitive bids or proposals for |
| 848 | any county, municipality, or other political subdivision |
| 849 | construction project that is projected to cost more than |
| 850 | $200,000 shall be publicly advertised at least once in a |
| 851 | newspaper of general circulation in the county where the project |
| 852 | is located at least 21 days before prior to the established bid |
| 853 | opening and at least 5 days before prior to any scheduled prebid |
| 854 | conference, or advertised daily during the 21-day period |
| 855 | immediately preceding the established bid opening date and daily |
| 856 | during the 5-day period immediately preceding any scheduled |
| 857 | prebid conference on a publicly accessible website maintained by |
| 858 | the entity responsible for publication. The solicitation of |
| 859 | competitive bids or proposals for any county, municipality, or |
| 860 | other political subdivision construction project that is |
| 861 | projected to cost more than $500,000 shall be publicly |
| 862 | advertised at least once in a newspaper of general circulation |
| 863 | in the county where the project is located at least 30 days |
| 864 | before prior to the established bid opening and at least 5 days |
| 865 | before prior to any scheduled prebid conference, or advertised |
| 866 | daily during the 30-day period immediately preceding the |
| 867 | established bid opening date and daily during the 5-day period |
| 868 | immediately preceding any scheduled prebid conference on a |
| 869 | publicly accessible website. Bids or proposals shall be received |
| 870 | and opened at the location, date, and time established in the |
| 871 | bid or proposal advertisement. In cases of emergency, the |
| 872 | procedures required in this section may be altered by the local |
| 873 | governmental entity in any manner that is reasonable under the |
| 874 | emergency circumstances. |
| 875 | Section 21. Paragraph (e) of subsection (25) of section |
| 876 | 380.06, Florida Statutes, is amended to read: |
| 877 | 380.06 Developments of regional impact.- |
| 878 | (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.- |
| 879 | (e) The local government shall schedule a public hearing |
| 880 | within 60 days after receipt of the petition. The public hearing |
| 881 | shall be advertised at least 30 days before prior to the |
| 882 | hearing. In addition to the public hearing notice by the local |
| 883 | government, the petitioner, except when the petitioner is a |
| 884 | local government, shall provide actual notice to each person |
| 885 | owning land within the proposed areawide development plan at |
| 886 | least 30 days before prior to the hearing. If the petitioner is |
| 887 | a local government, or local governments pursuant to an |
| 888 | interlocal agreement, notice of the public hearing shall be |
| 889 | provided by the publication of an advertisement on a publicly |
| 890 | accessible website maintained by the county or municipality |
| 891 | responsible for publication or in a newspaper of general |
| 892 | circulation that meets the requirements of this paragraph. The |
| 893 | newspaper advertisement must be no less than one-quarter page in |
| 894 | a standard size or tabloid size newspaper, and the headline in |
| 895 | the newspaper advertisement must be in type no smaller than 18 |
| 896 | point. The newspaper advertisement may shall not be published in |
| 897 | that portion of the newspaper where legal notices and classified |
| 898 | advertisements appear. The advertisement must be published on a |
| 899 | publicly accessible website maintained by the county or |
| 900 | municipality responsible for publication or in a newspaper of |
| 901 | general paid circulation in the county and of general interest |
| 902 | and readership in the community, not one of limited subject |
| 903 | matter, pursuant to chapter 50. Whenever possible, the newspaper |
| 904 | advertisement must appear in a newspaper that is published at |
| 905 | least 5 days a week, unless the only newspaper in the community |
| 906 | is published less than 5 days a week. The advertisement must be |
| 907 | in substantially the form used to advertise amendments to |
| 908 | comprehensive plans pursuant to s. 163.3184. The local |
| 909 | government shall specifically notify in writing the regional |
| 910 | planning agency and the state land planning agency at least 30 |
| 911 | days before prior to the public hearing. At the public hearing, |
| 912 | all interested parties may testify and submit evidence regarding |
| 913 | the petitioner's qualifications, the need for and benefits of an |
| 914 | areawide development of regional impact, and such other issues |
| 915 | relevant to a full consideration of the petition. If more than |
| 916 | one local government has jurisdiction over the defined planning |
| 917 | area in an areawide development plan, the local governments |
| 918 | shall hold a joint public hearing. Such hearing shall address, |
| 919 | at a minimum, the need to resolve conflicting ordinances or |
| 920 | comprehensive plans, if any. The local government holding the |
| 921 | joint hearing shall comply with the following additional |
| 922 | requirements: |
| 923 | 1. The notice of the hearing shall be published at least |
| 924 | 60 days in advance of the hearing and shall specify where the |
| 925 | petition may be reviewed. |
| 926 | 2. The notice shall be given to the state land planning |
| 927 | agency, to the applicable regional planning agency, and to such |
| 928 | other persons as may have been designated by the state land |
| 929 | planning agency as entitled to receive such notices. |
| 930 | 3. A public hearing date shall be set by the appropriate |
| 931 | local government at the next scheduled meeting. |
| 932 | Section 22. Subsection (2) of section 403.7049, Florida |
| 933 | Statutes, is amended to read: |
| 934 | 403.7049 Determination of full cost for solid waste |
| 935 | management; local solid waste management fees.- |
| 936 | (2)(a) Each municipality shall establish a system to |
| 937 | inform, no less than once a year, residential and nonresidential |
| 938 | users of solid waste management services within the |
| 939 | municipality's service area of the user's share, on an average |
| 940 | or individual basis, of the full cost for solid waste management |
| 941 | as determined pursuant to subsection (1). Counties shall provide |
| 942 | the information required of municipalities only to residential |
| 943 | and nonresidential users of solid waste management services |
| 944 | within the county's service area that are not served by a |
| 945 | municipality. Municipalities shall include costs charged to them |
| 946 | or persons contracting with them for disposal of solid waste in |
| 947 | the full cost information provided to residential and |
| 948 | nonresidential users of solid waste management services. |
| 949 | (b) The public disclosure system requirements of this |
| 950 | section shall be fulfilled by meeting one of the following: |
| 951 | 1. By mailing a copy of the full cost information to each |
| 952 | residential and nonresidential user of solid waste management |
| 953 | service within the solid waste management service area of the |
| 954 | county or municipality; |
| 955 | 2. By enclosing a copy of the full cost information in or |
| 956 | with a bill sent to each residential and nonresidential user of |
| 957 | solid waste management services within the service area of the |
| 958 | county or municipality; |
| 959 | 3. By publishing a copy of the full cost information in a |
| 960 | newspaper of general circulation within the county. Such notice |
| 961 | shall be a display advertisement not less than one-quarter page |
| 962 | in size; or |
| 963 | 4. By advertising a copy of the full cost information |
| 964 | daily for at least two consecutive weeks on a publicly |
| 965 | accessible website maintained by the municipality. |
| 966 | (c)(b) Counties and municipalities are encouraged to |
| 967 | operate their solid waste management systems through use of an |
| 968 | enterprise fund. |
| 969 | Section 23. Paragraph (a) of subsection (2) of section |
| 970 | 403.973, Florida Statutes, is amended to read: |
| 971 | 403.973 Expedited permitting; amendments to comprehensive |
| 972 | plans.- |
| 973 | (2) As used in this section, the term: |
| 974 | (a) "Duly noticed" means publication on a publicly |
| 975 | accessible website maintained by the municipality or county |
| 976 | having jurisdiction or in a newspaper of general circulation in |
| 977 | the municipality or county having with jurisdiction. If |
| 978 | published in a newspaper, the notice shall appear on at least 2 |
| 979 | separate days, one of which shall be at least 7 days before the |
| 980 | meeting. If published on a publicly accessible website, the |
| 981 | notice shall appear daily during the 7 days immediately |
| 982 | preceding the meeting. The notice shall state the date, time, |
| 983 | and place of the meeting scheduled to discuss or enact the |
| 984 | memorandum of agreement, and the places within the municipality |
| 985 | or county where such proposed memorandum of agreement may be |
| 986 | inspected by the public. The newspaper notice must be one-eighth |
| 987 | of a page in size and must be published in a portion of the |
| 988 | paper other than the legal notices section. The notice shall |
| 989 | also advise that interested parties may appear at the meeting |
| 990 | and be heard with respect to the memorandum of agreement. |
| 991 | Section 24. Paragraph (b) of subsection (4) of section |
| 992 | 420.9075, Florida Statutes, is amended to read: |
| 993 | 420.9075 Local housing assistance plans; partnerships.- |
| 994 | (4) Each local housing assistance plan is governed by the |
| 995 | following criteria and administrative procedures: |
| 996 | (b) The county or eligible municipality or its |
| 997 | administrative representative shall advertise the notice of |
| 998 | funding availability in a newspaper of general circulation and |
| 999 | periodicals serving ethnic and diverse neighborhoods, at least |
| 1000 | 30 days before the beginning of the application period or daily |
| 1001 | during the 30 days immediately preceding the application period |
| 1002 | on a publicly accessible website maintained by the county or |
| 1003 | eligible municipality. If no funding is available due to a |
| 1004 | waiting list, no notice of funding availability is required. |
| 1005 | Section 25. This act shall take effect October 1, 2011. |