Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 292
       
       
       
       
       
       
                                Barcode 635460                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/12/2012           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 50.0211, Florida Statutes, is created to
    6  read:
    7         50.0211 Internet website publication.—
    8         (1) This section applies to legal notices that must be
    9  published in accordance with this chapter unless otherwise
   10  specified.
   11         (2) Each legal notice must be placed on the newspaper’s
   12  website on the same day the notice appears in the newspaper. A
   13  link to legal notices shall be provided on the front page of the
   14  newspaper’s website that provides access to the legal notices
   15  without charge. If there is a specified size and placement
   16  required for a printed legal notice, the size and placement of
   17  the notice on the newspaper’s website must optimize its online
   18  visibility in keeping with the print requirements. The
   19  newspaper’s web pages that contain legal notices shall present
   20  the legal notices as the dominant subject matter of those pages.
   21  The newspaper’s website shall contain a search function to
   22  facilitate searching the legal notices. This subsection shall
   23  take effect July 1, 2013.
   24         (3) If a legal notice is published in a newspaper, the
   25  newspaper publishing the notice shall place the notice on the
   26  website established and maintained as an initiative of the
   27  Florida Press Association as a repository for such notices
   28  located at the following address: www.floridapublicnotices.com.
   29         (4) Newspapers that publish legal notices shall, upon
   30  request, provide e-mail notification of new legal notices when
   31  they are printed in the newspaper and added to the newspaper’s
   32  website. Such e-mail notification shall be provided without
   33  charge and notification for such an e-mail registry shall be
   34  available on the front page of the legal notices section of the
   35  newspaper’s website. This subsection shall take effect July 1,
   36  2013.
   37         (5) An error in the notice placed on the newspaper or
   38  statewide website shall be considered a harmless error and
   39  proper legal notice requirements shall be considered met if the
   40  notice published in the newspaper is correct.
   41         Section 2. Subsection (2) of section 50.041, Florida
   42  Statutes, is amended to read:
   43         50.041 Proof of publication; uniform affidavits required.—
   44         (2) Each such affidavit shall be printed upon white bond
   45  paper containing at least 25 percent rag material and shall be 8
   46  1/2 inches in width and of convenient length, not less than 5
   47  1/2 inches. A white margin of not less than 2 1/2 inches shall
   48  be left at the right side of each affidavit form and upon or in
   49  this space shall be substantially pasted a clipping which shall
   50  be a true copy of the public notice or legal advertisement for
   51  which proof is executed. Alternatively, the affidavit may be
   52  provided in electronic rather than paper form, provided the
   53  notarization of the affidavit complies with the requirements of
   54  s. 117.021.
   55         Section 3. Subsection (2) of section 50.061, Florida
   56  Statutes, is amended to read:
   57         50.061 Amounts chargeable.—
   58         (2) The charge for publishing each such official public
   59  notice or legal advertisement shall be 70 cents per square inch
   60  for the first insertion and 40 cents per square inch for each
   61  subsequent insertion, except that government notices required to
   62  be published more than once whose cost is paid for by the
   63  government and not paid in advance by or allowed to be recouped
   64  from private parties may not be charged for the second and
   65  successive insertions at a rate greater than 85 percent of the
   66  original rate.:
   67         (a) In all counties having a population of more than
   68  304,000 according to the latest official decennial census, the
   69  charge for publishing each such official public notice or legal
   70  advertisement shall be 80 cents per square inch for the first
   71  insertion and 60 cents per square inch for each subsequent
   72  insertion.
   73         (b) In all counties having a population of more than
   74  450,000 according to the latest official decennial census, the
   75  charge for publishing each such official public notice or legal
   76  advertisement shall be 95 cents per square inch for the first
   77  insertion and 75 cents per square inch for each subsequent
   78  insertion.
   79         Section 4. Paragraph (b) of subsection (4) of section
   80  125.66, Florida Statutes, is amended to read:
   81         125.66 Ordinances; enactment procedure; emergency
   82  ordinances; rezoning or change of land use ordinances or
   83  resolutions.—
   84         (4) Ordinances or resolutions, initiated by other than the
   85  county, that change the actual zoning map designation of a
   86  parcel or parcels of land shall be enacted pursuant to
   87  subsection (2). Ordinances or resolutions that change the actual
   88  list of permitted, conditional, or prohibited uses within a
   89  zoning category, or ordinances or resolutions initiated by the
   90  county that change the actual zoning map designation of a parcel
   91  or parcels of land shall be enacted pursuant to the following
   92  procedure:
   93         (b) In cases in which the proposed ordinance or resolution
   94  changes the actual list of permitted, conditional, or prohibited
   95  uses within a zoning category, or changes the actual zoning map
   96  designation of a parcel or parcels of land involving 10
   97  contiguous acres or more, the board of county commissioners
   98  shall provide for public notice and hearings as follows:
   99         1. The board of county commissioners shall hold two
  100  advertised public hearings on the proposed ordinance or
  101  resolution. At least one hearing shall be held after 5 p.m. on a
  102  weekday, unless the board of county commissioners, by a majority
  103  plus one vote, elects to conduct that hearing at another time of
  104  day. The first public hearing shall be held at least 7 days
  105  after the day that the first advertisement is published. The
  106  second hearing shall be held at least 10 days after the first
  107  hearing and shall be advertised at least 5 days prior to the
  108  public hearing.
  109         2. The required advertisements shall be no less than 2
  110  columns wide by 10 inches long in a standard size or a tabloid
  111  size newspaper, and the headline in the advertisement shall be
  112  in a type no smaller than 18 point. The advertisement shall not
  113  be placed in that portion of the newspaper where legal notices
  114  and classified advertisements appear. The advertisement shall be
  115  placed in a newspaper of general paid circulation in the county
  116  and of general interest and readership in the community pursuant
  117  to chapter 50, not one of limited subject matter. It is the
  118  legislative intent that, whenever possible, the advertisement
  119  shall appear in a newspaper that is published at least 5 days a
  120  week unless the only newspaper in the community is published
  121  less than 5 days a week. The advertisement shall be in
  122  substantially the following form:
  123  
  124                     NOTICE OF (TYPE OF) CHANGE                    
  125  
  126         The ...(name of local governmental unit)... proposes to
  127  adopt the following by ordinance or resolution:...(title of
  128  ordinance or resolution)....
  129         A public hearing on the ordinance or resolution will be
  130  held on ...(date and time)... at ...(meeting place)....
  131  
  132  Except for amendments which change the actual list of permitted,
  133  conditional, or prohibited uses within a zoning category, the
  134  advertisement shall contain a geographic location map which
  135  clearly indicates the area within the local government covered
  136  by the proposed ordinance or resolution. The map shall include
  137  major street names as a means of identification of the general
  138  area. In addition to being published in the newspaper, the map
  139  must be part of the online notice required pursuant to s.
  140  50.0211.
  141         3. In lieu of publishing the advertisements set out in this
  142  paragraph, the board of county commissioners may mail a notice
  143  to each person owning real property within the area covered by
  144  the ordinance or resolution. Such notice shall clearly explain
  145  the proposed ordinance or resolution and shall notify the person
  146  of the time, place, and location of both public hearings on the
  147  proposed ordinance or resolution.
  148         Section 5. Paragraph (c) of subsection (3) of section
  149  166.041, Florida Statutes, is amended to read:
  150         166.041 Procedures for adoption of ordinances and
  151  resolutions.—
  152         (3)
  153         (c) Ordinances initiated by other than the municipality
  154  that change the actual zoning map designation of a parcel or
  155  parcels of land shall be enacted pursuant to paragraph (a).
  156  Ordinances that change the actual list of permitted,
  157  conditional, or prohibited uses within a zoning category, or
  158  ordinances initiated by the municipality that change the actual
  159  zoning map designation of a parcel or parcels of land shall be
  160  enacted pursuant to the following procedure:
  161         1. In cases in which the proposed ordinance changes the
  162  actual zoning map designation for a parcel or parcels of land
  163  involving less than 10 contiguous acres, the governing body
  164  shall direct the clerk of the governing body to notify by mail
  165  each real property owner whose land the municipality will
  166  redesignate by enactment of the ordinance and whose address is
  167  known by reference to the latest ad valorem tax records. The
  168  notice shall state the substance of the proposed ordinance as it
  169  affects that property owner and shall set a time and place for
  170  one or more public hearings on such ordinance. Such notice shall
  171  be given at least 30 days prior to the date set for the public
  172  hearing, and a copy of the notice shall be kept available for
  173  public inspection during the regular business hours of the
  174  office of the clerk of the governing body. The governing body
  175  shall hold a public hearing on the proposed ordinance and may,
  176  upon the conclusion of the hearing, immediately adopt the
  177  ordinance.
  178         2. In cases in which the proposed ordinance changes the
  179  actual list of permitted, conditional, or prohibited uses within
  180  a zoning category, or changes the actual zoning map designation
  181  of a parcel or parcels of land involving 10 contiguous acres or
  182  more, the governing body shall provide for public notice and
  183  hearings as follows:
  184         a. The local governing body shall hold two advertised
  185  public hearings on the proposed ordinance. At least one hearing
  186  shall be held after 5 p.m. on a weekday, unless the local
  187  governing body, by a majority plus one vote, elects to conduct
  188  that hearing at another time of day. The first public hearing
  189  shall be held at least 7 days after the day that the first
  190  advertisement is published. The second hearing shall be held at
  191  least 10 days after the first hearing and shall be advertised at
  192  least 5 days prior to the public hearing.
  193         b. The required advertisements shall be no less than 2
  194  columns wide by 10 inches long in a standard size or a tabloid
  195  size newspaper, and the headline in the advertisement shall be
  196  in a type no smaller than 18 point. The advertisement shall not
  197  be placed in that portion of the newspaper where legal notices
  198  and classified advertisements appear. The advertisement shall be
  199  placed in a newspaper of general paid circulation in the
  200  municipality and of general interest and readership in the
  201  municipality, not one of limited subject matter, pursuant to
  202  chapter 50. It is the legislative intent that, whenever
  203  possible, the advertisement appear in a newspaper that is
  204  published at least 5 days a week unless the only newspaper in
  205  the municipality is published less than 5 days a week. The
  206  advertisement shall be in substantially the following form:
  207  
  208                     NOTICE OF (TYPE OF) CHANGE                    
  209  
  210         The ...(name of local governmental unit)... proposes to
  211  adopt the following ordinance:...(title of the ordinance)....
  212         A public hearing on the ordinance will be held on ...(date
  213  and time)... at ...(meeting place)....
  214  
  215  Except for amendments which change the actual list of permitted,
  216  conditional, or prohibited uses within a zoning category, the
  217  advertisement shall contain a geographic location map which
  218  clearly indicates the area covered by the proposed ordinance.
  219  The map shall include major street names as a means of
  220  identification of the general area. In addition to being
  221  published in the newspaper, the map must be part of the online
  222  notice required pursuant to s. 50.0211.
  223         c. In lieu of publishing the advertisement set out in this
  224  paragraph, the municipality may mail a notice to each person
  225  owning real property within the area covered by the ordinance.
  226  Such notice shall clearly explain the proposed ordinance and
  227  shall notify the person of the time, place, and location of any
  228  public hearing on the proposed ordinance.
  229         Section 6. Paragraph (d) of subsection (1) of section
  230  190.005, Florida Statutes, is amended to read:
  231         190.005 Establishment of district.—
  232         (1) The exclusive and uniform method for the establishment
  233  of a community development district with a size of 1,000 acres
  234  or more shall be pursuant to a rule, adopted under chapter 120
  235  by the Florida Land and Water Adjudicatory Commission, granting
  236  a petition for the establishment of a community development
  237  district.
  238         (d) A local public hearing on the petition shall be
  239  conducted by a hearing officer in conformance with the
  240  applicable requirements and procedures of the Administrative
  241  Procedure Act. The hearing shall include oral and written
  242  comments on the petition pertinent to the factors specified in
  243  paragraph (e). The hearing shall be held at an accessible
  244  location in the county in which the community development
  245  district is to be located. The petitioner shall cause a notice
  246  of the hearing to be published in a newspaper at least once a
  247  week for the 4 successive weeks immediately prior to the
  248  hearing. Such notice shall give the time and place for the
  249  hearing, a description of the area to be included in the
  250  district, which description shall include a map showing clearly
  251  the area to be covered by the district, and any other relevant
  252  information which the establishing governing bodies may require.
  253  The advertisement shall not be placed in that portion of the
  254  newspaper where legal notices and classified advertisements
  255  appear. The advertisement shall be published in a newspaper of
  256  general paid circulation in the county and of general interest
  257  and readership in the community, not one of limited subject
  258  matter, pursuant to chapter 50. Whenever possible, the
  259  advertisement shall appear in a newspaper that is published at
  260  least 5 days a week, unless the only newspaper in the community
  261  is published fewer than 5 days a week. In addition to being
  262  published in the newspaper, the map referenced in this paragraph
  263  must be part of the online advertisement required pursuant to s.
  264  50.0211. All affected units of general-purpose local government
  265  and the general public shall be given an opportunity to appear
  266  at the hearing and present oral or written comments on the
  267  petition.
  268         Section 7. Paragraph (h) of subsection (3) of section
  269  200.065, Florida Statutes, is amended to read:
  270         200.065 Method of fixing millage.—
  271         (3) The advertisement shall be no less than one-quarter
  272  page in size of a standard size or a tabloid size newspaper, and
  273  the headline in the advertisement shall be in a type no smaller
  274  than 18 point. The advertisement shall not be placed in that
  275  portion of the newspaper where legal notices and classified
  276  advertisements appear. The advertisement shall be published in a
  277  newspaper of general paid circulation in the county or in a
  278  geographically limited insert of such newspaper. The geographic
  279  boundaries in which such insert is circulated shall include the
  280  geographic boundaries of the taxing authority. It is the
  281  legislative intent that, whenever possible, the advertisement
  282  appear in a newspaper that is published at least 5 days a week
  283  unless the only newspaper in the county is published less than 5
  284  days a week, or that the advertisement appear in a
  285  geographically limited insert of such newspaper which insert is
  286  published throughout the taxing authority’s jurisdiction at
  287  least twice each week. It is further the legislative intent that
  288  the newspaper selected be one of general interest and readership
  289  in the community and not one of limited subject matter, pursuant
  290  to chapter 50.
  291         (h) In no event shall any taxing authority add to or delete
  292  from the language of the advertisements as specified herein
  293  unless expressly authorized by law, except that, if an increase
  294  in ad valorem tax rates will affect only a portion of the
  295  jurisdiction of a taxing authority, advertisements may include a
  296  map or geographical description of the area to be affected and
  297  the proposed use of the tax revenues under consideration. In
  298  addition, if published in the newspaper, the map must be part of
  299  the online advertisement required by s. 50.0211. The
  300  advertisements required herein shall not be accompanied,
  301  preceded, or followed by other advertising or notices which
  302  conflict with or modify the substantive content prescribed
  303  herein.
  304         Section 8. Subsection (2) of section 17.325, Florida
  305  Statutes, is amended to read:
  306         17.325 Governmental efficiency hotline; duties of Chief
  307  Financial Officer.—
  308         (2) The Chief Financial Officer shall operate the hotline
  309  24 hours a day. The Chief Financial Officer may shall advertise
  310  the availability of the hotline in newspapers of general
  311  circulation in this state and shall provide for the posting of
  312  notices in conspicuous places in state agency offices, city
  313  halls, county courthouses, and places in which there is exposure
  314  to significant numbers of the general public, including, but not
  315  limited to, local convenience stores, shopping malls, shopping
  316  centers, gasoline stations, or restaurants. The Chief Financial
  317  Officer shall use the slogan “Tell us where we can ‘Get Lean’”
  318  for the hotline and in advertisements for the hotline.
  319         Section 9. Subsection (5) of section 120.60, Florida
  320  Statutes, is amended to read:
  321         120.60 Licensing.—
  322         (5) No revocation, suspension, annulment, or withdrawal of
  323  any license is lawful unless, prior to the entry of a final
  324  order, the agency has served, by personal service or certified
  325  mail, an administrative complaint which affords reasonable
  326  notice to the licensee of facts or conduct which warrant the
  327  intended action and unless the licensee has been given an
  328  adequate opportunity to request a proceeding pursuant to ss.
  329  120.569 and 120.57. When personal service cannot be made and the
  330  certified mail notice is returned undelivered, the agency shall
  331  cause a short, plain notice to the licensee to be published once
  332  each week for 4 consecutive weeks in a newspaper published in
  333  the county of the licensee’s last known address as it appears on
  334  the records of the agency. If no newspaper is published in that
  335  county, the notice may be published in a newspaper of general
  336  circulation in that county. If the address is in some state
  337  other than this state or in a foreign territory or country, the
  338  notice may be published in Leon County.
  339         Section 10. Paragraph (d) of subsection (6) of section
  340  215.555, Florida Statutes, is amended to read:
  341         215.555 Florida Hurricane Catastrophe Fund.—
  342         (6) REVENUE BONDS.—
  343         (d) Florida Hurricane Catastrophe Fund Finance
  344  Corporation.—
  345         1. In addition to the findings and declarations in
  346  subsection (1), the Legislature also finds and declares that:
  347         a. The public benefits corporation created under this
  348  paragraph will provide a mechanism necessary for the cost
  349  effective and efficient issuance of bonds. This mechanism will
  350  eliminate unnecessary costs in the bond issuance process,
  351  thereby increasing the amounts available to pay reimbursement
  352  for losses to property sustained as a result of hurricane
  353  damage.
  354         b. The purpose of such bonds is to fund reimbursements
  355  through the Florida Hurricane Catastrophe Fund to pay for the
  356  costs of construction, reconstruction, repair, restoration, and
  357  other costs associated with damage to properties of
  358  policyholders of covered policies due to the occurrence of a
  359  hurricane.
  360         c. The efficacy of the financing mechanism will be enhanced
  361  by the corporation’s ownership of the assessments, by the
  362  insulation of the assessments from possible bankruptcy
  363  proceedings, and by covenants of the state with the
  364  corporation’s bondholders.
  365         2.a. There is created a public benefits corporation, which
  366  is an instrumentality of the state, to be known as the Florida
  367  Hurricane Catastrophe Fund Finance Corporation.
  368         b. The corporation shall operate under a five-member board
  369  of directors consisting of the Governor or a designee, the Chief
  370  Financial Officer or a designee, the Attorney General or a
  371  designee, the director of the Division of Bond Finance of the
  372  State Board of Administration, and the senior employee of the
  373  State Board of Administration responsible for operations of the
  374  Florida Hurricane Catastrophe Fund.
  375         c. The corporation has all of the powers of corporations
  376  under chapter 607 and under chapter 617, subject only to the
  377  provisions of this subsection.
  378         d. The corporation may issue bonds and engage in such other
  379  financial transactions as are necessary to provide sufficient
  380  funds to achieve the purposes of this section.
  381         e. The corporation may invest in any of the investments
  382  authorized under s. 215.47.
  383         f. There shall be no liability on the part of, and no cause
  384  of action shall arise against, any board members or employees of
  385  the corporation for any actions taken by them in the performance
  386  of their duties under this paragraph.
  387         3.a. In actions under chapter 75 to validate any bonds
  388  issued by the corporation, the notice required by s. 75.06 shall
  389  be published only in Leon County and in two newspapers of
  390  general circulation in the state, and the complaint and order of
  391  the court shall be served only on the State Attorney of the
  392  Second Judicial Circuit.
  393         b. The state hereby covenants with holders of bonds of the
  394  corporation that the state will not repeal or abrogate the power
  395  of the board to direct the Office of Insurance Regulation to
  396  levy the assessments and to collect the proceeds of the revenues
  397  pledged to the payment of such bonds as long as any such bonds
  398  remain outstanding unless adequate provision has been made for
  399  the payment of such bonds pursuant to the documents authorizing
  400  the issuance of such bonds.
  401         4. The bonds of the corporation are not a debt of the state
  402  or of any political subdivision, and neither the state nor any
  403  political subdivision is liable on such bonds. The corporation
  404  does not have the power to pledge the credit, the revenues, or
  405  the taxing power of the state or of any political subdivision.
  406  The credit, revenues, or taxing power of the state or of any
  407  political subdivision shall not be deemed to be pledged to the
  408  payment of any bonds of the corporation.
  409         5.a. The property, revenues, and other assets of the
  410  corporation; the transactions and operations of the corporation
  411  and the income from such transactions and operations; and all
  412  bonds issued under this paragraph and interest on such bonds are
  413  exempt from taxation by the state and any political subdivision,
  414  including the intangibles tax under chapter 199 and the income
  415  tax under chapter 220. This exemption does not apply to any tax
  416  imposed by chapter 220 on interest, income, or profits on debt
  417  obligations owned by corporations other than the Florida
  418  Hurricane Catastrophe Fund Finance Corporation.
  419         b. All bonds of the corporation shall be and constitute
  420  legal investments without limitation for all public bodies of
  421  this state; for all banks, trust companies, savings banks,
  422  savings associations, savings and loan associations, and
  423  investment companies; for all administrators, executors,
  424  trustees, and other fiduciaries; for all insurance companies and
  425  associations and other persons carrying on an insurance
  426  business; and for all other persons who are now or may hereafter
  427  be authorized to invest in bonds or other obligations of the
  428  state and shall be and constitute eligible securities to be
  429  deposited as collateral for the security of any state, county,
  430  municipal, or other public funds. This sub-subparagraph shall be
  431  considered as additional and supplemental authority and shall
  432  not be limited without specific reference to this sub
  433  subparagraph.
  434         6. The corporation and its corporate existence shall
  435  continue until terminated by law; however, no such law shall
  436  take effect as long as the corporation has bonds outstanding
  437  unless adequate provision has been made for the payment of such
  438  bonds pursuant to the documents authorizing the issuance of such
  439  bonds. Upon termination of the existence of the corporation, all
  440  of its rights and properties in excess of its obligations shall
  441  pass to and be vested in the state.
  442         Section 11. Section 253.52, Florida Statutes, is amended to
  443  read:
  444         253.52 Placing oil and gas leases on market by board.
  445  Whenever in the opinion of the Board of Trustees of the Internal
  446  Improvement Trust Fund there shall be a demand for the purchase
  447  of oil and gas leases on any area, tract, or parcel of the land
  448  so owned, controlled, or managed, by any state board,
  449  department, or agency, then the board shall place such oil and
  450  gas lease or leases on the market in such blocks, tracts, or
  451  parcels as it may designate. The lease or leases shall only be
  452  made after notice by publication thereof has been made not less
  453  than once a week for 4 consecutive weeks in a newspaper of
  454  general circulation published in Leon County, and in a similar
  455  newspaper for a similar period of time published in the vicinity
  456  of the lands offered to be leased, the last publication in both
  457  newspapers to be not less than 5 days in advance of the sale
  458  date. Such notice shall be to the effect that a lease or leases
  459  will be offered for sale at such date and time as may be named
  460  in said notice and shall describe the land upon which such
  461  lease, or leases, will be offered. This notice may be combined
  462  with the notice required pursuant to s. 253.115. Before any
  463  lease of any block, tract, or parcel of land, submerged, or
  464  unsubmerged, within a radius of 3 miles of the boundaries of any
  465  incorporated city, or town, or within such radius of any bathing
  466  beach, or beaches, outside thereof, such board, department, or
  467  agency, shall through one or more of its members hold a public
  468  hearing, after notice thereof by publication once in a newspaper
  469  of general circulation published at least 1 week prior to said
  470  hearing in the vicinity of the land, or lands, offered to be
  471  leased, of the offer to lease the same, calling upon all
  472  interested persons to attend said hearing where they would be
  473  given the opportunity to be heard, all of which shall be
  474  considered by the board prior to the execution of any lease or
  475  leases to said land, and the board may withdraw said land, or
  476  any part thereof, from the market, and refuse to execute such
  477  lease or leases if after such hearing, or otherwise, it
  478  considers such execution contrary to the public welfare. Before
  479  advertising any land for lease the form of the lease or leases
  480  to be offered for sale, not inconsistent with law, or the
  481  provisions of this section, shall be prescribed by the board and
  482  a copy, or copies, thereof, shall be available to the general
  483  public at the office of the Board of Trustees of the Internal
  484  Improvement Trust Fund and the advertisements of such sale shall
  485  so state.
  486         Section 12. Paragraph (b) of subsection (4) of section
  487  255.518, Florida Statutes, is amended to read:
  488         255.518 Obligations; purpose, terms, approval,
  489  limitations.—
  490         (4)
  491         (b) In actions to validate such obligations pursuant to
  492  chapter 75, the complaint shall be filed in the Circuit Court of
  493  Leon County, the notice required by s. 75.06, shall be published
  494  only in Leon County and in two newspapers of general circulation
  495  in the state, and the complaint and order of the court shall be
  496  served only on the state attorney of the Second Judicial
  497  Circuit.
  498         Section 13. Paragraph (b) of subsection (4) of section
  499  380.0668, Florida Statutes, is amended to read:
  500         380.0668 Bonds; purpose, terms, approval, limitations.—
  501         (4)
  502         (b) In actions to validate such bonds pursuant to chapter
  503  75, the complaint shall be filed in the Circuit Court of Leon
  504  County, the notice required by s. 75.06 shall be published in
  505  newspapers of general circulation in Leon County and the county
  506  in which the area or areas of critical state concern involved
  507  are located, and the complaint and order of the court shall be
  508  served on the state attorney of the Second Judicial Circuit and
  509  the circuit in which the area or areas of critical state concern
  510  involved are located.
  511         Section 14. Paragraph (b) of subsection (3) of section
  512  455.275, Florida Statutes, is amended to read:
  513         455.275 Address of record.—
  514         (3)
  515         (b) If service, as provided in paragraph (a), does not
  516  provide the department with proof of service, the department
  517  shall call the last known telephone number of record and cause a
  518  short, plain notice to the licensee to be posted on the front
  519  page of the department’s website and shall send notice via e
  520  mail to all newspapers of general circulation and all news
  521  departments of broadcast network affiliates in the county of the
  522  licensee’s last known address of record published once each week
  523  for 4 consecutive weeks in a newspaper published in the county
  524  of the licensee’s last known address of record. If a newspaper
  525  is not published in the county, the administrative complaint may
  526  be published in a newspaper of general circulation in the
  527  county. If the licensee’s last known address is located in
  528  another state or in a foreign jurisdiction, the administrative
  529  complaint may be published in Leon County pursuant to s.
  530  120.60(5).
  531         Section 15. Subsection (5) of section 473.3141, Florida
  532  Statutes, is amended to read:
  533         473.3141 Certified public accountants licensed in other
  534  states.—
  535         (5) Disciplinary action against an individual or firm that
  536  practices pursuant to this section is not valid unless, prior to
  537  the entry of a final order, the agency has served, by personal
  538  service pursuant to this chapter or chapter 48 or by certified
  539  mail, an administrative complaint that provides reasonable
  540  notice to the individual or firm of facts or conduct that
  541  warrants the intended action and unless the individual or firm
  542  has been given an adequate opportunity to request a proceeding
  543  pursuant to ss. 120.569 and 120.57. When personal service cannot
  544  be made and the certified mail notice is returned undelivered,
  545  the agency shall have a short, plain notice to the individual or
  546  firm with practice privileges published once a week for 4
  547  consecutive weeks in a newspaper published in Leon County,
  548  Florida. The newspaper shall meet the requirements prescribed by
  549  law for such purposes.
  550         Section 16. Paragraph (b) of subsection (5) of section
  551  527.23, Florida Statutes, is amended to read:
  552         527.23 Marketing orders; referendum requirements;
  553  assessments.—
  554         (5)
  555         (b) It is the duty of the producers or dealers of propane
  556  gas who vote in each referendum to send their marked ballots to
  557  the department, which shall have the ballots counted by
  558  qualified and impartial personnel in its office, and the
  559  department shall, within 10 days after the closing date for
  560  submitting ballots in any referendum, certify in writing and
  561  publish the results of such referendum on the front page of its
  562  website and shall send notice via e-mail to all publications of
  563  general circulation and all news departments of broadcast
  564  network affiliates located within the state in a newspaper of
  565  general circulation in the state and in such other newspapers as
  566  the department prescribes.
  567         Section 17. Subsection (2) of section 573.109, Florida
  568  Statutes, is amended to read:
  569         573.109 Procedure for referendum.—
  570         (2) It shall be the duty of the producers or handlers
  571  affected who vote in each referendum to send their marked
  572  ballots to the department, which shall have the ballots counted
  573  by qualified and impartial personnel in its office, and the
  574  department shall, within 10 days after the closing date for
  575  submitting ballots in any referendum, certify in writing and
  576  publish the results of such referendum on the front page of its
  577  website and shall send notice via e-mail to all publications of
  578  general circulation and all news departments of broadcast
  579  network affiliates located within the state in a newspaper of
  580  general circulation in the state and in such other newspapers as
  581  the department may prescribe.
  582         Section 18. Section 573.111, Florida Statutes, is amended
  583  to read:
  584         573.111 Notice of effective date of marketing order.—Before
  585  the issuance of any marketing order, or any suspension,
  586  amendment, or termination thereof, a notice shall be posted on a
  587  public bulletin board to be maintained by the department in the
  588  Division of Marketing and Development of the department in the
  589  Nathan Mayo Building, Tallahassee, Leon County, and a copy of
  590  the notice shall be posted on the department’s website published
  591  in a newspaper of general circulation in the state and in such
  592  other newspaper or newspapers as the department may prescribe.
  593  The notices published in the newspaper or newspapers shall be
  594  sent by first-class mail, by the department to those newspapers
  595  designated by it, the same date that the notice is posted on the
  596  bulletin board with instructions to publish the same as a legal
  597  advertisement the first date after receipt of the notice as such
  598  newspaper’s policy for publishing legal advertisements provides.
  599  No marketing order, or any suspension, amendment, or termination
  600  thereof, shall become effective until the termination of a
  601  period of 5 days from the date of posting and publication.
  602         Section 19. Subsection (2) of section 631.59, Florida
  603  Statutes, is amended to read:
  604         631.59 Duties and powers of department and office.—
  605         (2) The department may require that the association notify
  606  the insureds of the insolvent insurer and any other interested
  607  parties of the determination of insolvency and of their rights
  608  under this part. Such notification shall be by mail at their
  609  last known addresses, when available, but if sufficient
  610  information for notification by mail is not available, notice by
  611  e-mail or telephone publication in a newspaper of general
  612  circulation shall be sufficient.
  613         Section 20. Except as otherwise expressly provided in this
  614  act, this act shall take effect July 1, 2012, and shall apply to
  615  legal notices that must be published on or after that date.
  616  
  617  ================= T I T L E  A M E N D M E N T ================
  618         And the title is amended as follows:
  619         Delete everything before the enacting clause
  620  and insert:
  621                        A bill to be entitled                      
  622         An act relating to legal notices; creating s. 50.0211,
  623         F.S.; requiring that, after a specified date, if a
  624         legal notice is published in a newspaper, the
  625         newspaper publishing the notice shall also place the
  626         notice on a website maintained by the newspaper;
  627         providing requirements for size and placement of such
  628         website publication; requiring free access to such
  629         online publications; requiring that legal notices
  630         published in newspapers also be published on another
  631         specified website; requiring that, after a specified
  632         date, newspapers that publish legal notice provide e
  633         mail notification of new legal notices; providing
  634         requirements for such notice; providing that an error
  635         on a newspaper or statewide website is considered a
  636         harmless error and legal notice requirements are
  637         considered met if the notice published in the
  638         newspaper is correct; amending s. 50.041, F.S.;
  639         revising physical requirements for proof of
  640         publication affidavits; authorizing electronic
  641         affidavits that meet specified requirements; amending
  642         s. 50.061, F.S.; limiting the rate that may be charged
  643         for government notices required to be published more
  644         than once in certain circumstances; deleting
  645         provisions specifying rates for legal notices based on
  646         county population; amending ss. 125.66, 166.041,
  647         190.005, and 200.065, F.S.; requiring that website
  648         publication of certain legal notices include maps that
  649         appear in the newspaper advertisements; amending s.
  650         17.325, F.S.; making it optional for the Chief
  651         Financial Officer to advertise the availability of the
  652         governmental efficiency hotline; amending ss. 120.60
  653         215.555, 253.52, 255.518, and 380.0668, F.S.; deleting
  654         requirements that certain legal notices be published
  655         in Leon County; amending s. 455.275, F.S.; deleting a
  656         requirement that certain notices concerning
  657         professional licensees who cannot be personally served
  658         be published in Leon County; requiring that plain
  659         notice to the licensee be posted on the front page of
  660         the Department of Business and Professional
  661         Regulation’s website and be provided to certain news
  662         outlets; amending s. 473.3141, F.S.; deleting a
  663         requirement that notices concerning the discipline of
  664         certain certified public accountants be published in
  665         Leon County; amending s. 527.23, F.S.; deleting
  666         requirements relating to the newspaper publication of
  667         certain notices relating to marketing orders for
  668         propane gas; requiring that such orders be published
  669         on the Internet and that information be provided to
  670         certain news outlets; amending ss. 573.109 and
  671         573.111, F.S.; deleting requirements relating to the
  672         newspaper publication of certain notices relating to
  673         agricultural marketing orders; requiring that such
  674         orders be published on the Internet and that
  675         information be provided to certain news outlets;
  676         amending s. 631.59, F.S.; deleting requirements for
  677         the newspaper publication of certain notices
  678         concerning insolvent insurers; providing for notice by
  679         e-mail or telephone; providing for applicability;
  680         providing effective dates.