Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 292
                                Barcode 920062                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/09/2012 04:15 PM       .                                

       Senator Bennett moved the following:
    1         Senate Amendment (with title amendment)
    3         Before line 69
    4  insert:
    5         Section 1. Section 50.011, Florida Statutes, is amended to
    6  read:
    7         50.011 Where and in what language legal notices to be
    8  published.—Whenever by statute an official or legal
    9  advertisement or a publication, or notice in a newspaper has
   10  been or is directed or permitted in the nature of or in lieu of
   11  process, or for constructive service, or in initiating,
   12  assuming, reviewing, exercising or enforcing jurisdiction or
   13  power, or for any purpose, including all legal notices and
   14  advertisements of sheriffs and tax collectors, the
   15  contemporaneous and continuous intent and meaning of such
   16  legislation all and singular, existing or repealed, is and has
   17  been and is hereby declared to be and to have been, and the rule
   18  of interpretation is and has been, a publication in a newspaper
   19  printed and published periodically once a week or oftener, in
   20  which containing at least 25 percent of the content is its words
   21  in the English language, and whose circulation is biannually
   22  audited and certified in an affidavit by an independent third
   23  party auditor approved by the Community Papers of Florida, the
   24  Florida Community Paper Advertising Network, the Florida Press
   25  Association, or a similarly sanctioned organization recognized
   26  by the newspaper industry or entered or qualified to be admitted
   27  and entered as periodicals matter at a post office in the county
   28  where published, for sale to the public generally, available to
   29  the public generally for the publication of official or other
   30  notices and customarily containing information of a public
   31  character or of interest or of value to the residents or owners
   32  of property in the county where published, or of interest or of
   33  value to the general public.
   34         Section 2. Section 50.031, Florida Statutes, is amended to
   35  read:
   36         50.031 Newspapers in which legal notices and process may be
   37  published.—No notice or publication required to be published in
   38  a newspaper in the nature of or in lieu of process of any kind,
   39  nature, character or description provided for under any law of
   40  the state, whether heretofore or hereafter enacted, and whether
   41  pertaining to constructive service, or the initiating, assuming,
   42  reviewing, exercising or enforcing jurisdiction or power, by any
   43  court in this state, or any notice of sale of property, real or
   44  personal, for taxes, state, county or municipal, or sheriff’s,
   45  guardian’s or administrator’s or any sale made pursuant to any
   46  judicial order, decree or statute or any other publication or
   47  notice pertaining to any affairs of the state, or any county,
   48  municipality or other political subdivision thereof, shall be
   49  deemed to have been published in accordance with the statutes
   50  providing for such publication, unless the same shall have been
   51  published for the prescribed period of time required for such
   52  publication, in a newspaper which at the time of such
   53  publication shall have been in existence for 1 year, and whose
   54  circulation is biannually audited and certified in an affidavit
   55  by an independent third-party auditor approved by the Community
   56  Papers of Florida, the Florida Community Paper Advertising
   57  Network, the Florida Press Association, or a similarly
   58  sanctioned organization recognized by the newspaper industry or
   59  and shall have been entered as periodicals matter at a post
   60  office in the county where published, or in a newspaper which is
   61  a direct successor of a newspaper which together have been so
   62  published; provided, however, that nothing herein contained
   63  shall apply where in any county there shall be no newspaper in
   64  existence which shall have been published for the length of time
   65  above prescribed. No legal publication of any kind, nature or
   66  description, as herein defined, shall be valid or binding or
   67  held to be in compliance with the statutes providing for such
   68  publication unless the same shall have been published in
   69  accordance with the provisions of this section. Proof of such
   70  publication shall be made by uniform affidavit.
   71         Section 3. Section 50.051, Florida Statutes, is amended to
   72  read:
   73         50.051 Proof of publication; form of uniform affidavit.—The
   74  printed form upon which all such affidavits establishing proof
   75  of publication are to be executed shall be substantially as
   76  follows:
   78                          NAME OF NEWSPAPER                        
   80                     Published (Weekly or Daily)                   
   82                   (Town or City) (County) FLORIDA                 
   86  COUNTY OF ....:
   87         Before the undersigned authority personally appeared ....,
   88  who on oath says that he or she is .... of the ...., a ....
   89  newspaper published at .... in .... County, Florida; that the
   90  attached copy of advertisement, being a .... in the matter of
   91  .... in the .... Court, was published in said newspaper in the
   92  issues of .....
   93         Affiant further says that the said .... is a newspaper
   94  published at ...., in said .... County, Florida, and that the
   95  said newspaper has heretofore been continuously published in
   96  said .... County, Florida, each .... and has been entered as
   97  periodicals matter at the post office in ...., in said ....
   98  County, Florida, for a period of 1 year next preceding the first
   99  publication of the attached copy of advertisement; and affiant
  100  further says that he or she has neither paid nor promised any
  101  person, firm or corporation any discount, rebate, commission or
  102  refund for the purpose of securing this advertisement for
  103  publication in the said newspaper.
  105  Sworn to and subscribed before me this .... day of ....,
  106  ...(year)..., by ...., who is personally known to me or who has
  107  produced (type of identification) as identification.
  109  ...(Signature of Notary Public)...
  111  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  113  ...(Notary Public)...
  115  ================= T I T L E  A M E N D M E N T ================
  116         And the title is amended as follows:
  117         Delete line 2
  118  and insert:
  119         An act relating to legal notices; amending ss. 50.011,
  120         50.031, and 50.051, F.S.; revising provisions relating
  121         to requirements for the publication of legal notices;
  122         creating s. 50.0211,