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 |
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99 | Be It Enacted by the Legislature of the State of Florida: |
100 |
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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 |
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190 | NAME OF NEWSPAPER |
191 | Published (Weekly or Daily) |
192 | (Town or City) (County) FLORIDA |
193 |
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194 | STATE OF FLORIDA |
195 |
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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 |
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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 |
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219 |
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220 | ...(Signature of Notary Public)... |
221 |
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222 | ...(Print, Type, or Stamp Commissioned Name of Notary Public)... |
223 |
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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 |
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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 |
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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. |