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.