Florida Senate - 2012 CS for SB 292
By the Committee on Community Affairs; and Senator Bennett
578-01848-12 2012292c1
1 A bill to be entitled
2 An act relating to legal notices; creating s. 50.0211,
3 F.S.; requiring that, after a specified date, if a
4 legal notice is published in a newspaper, the
5 newspaper publishing the notice shall also place the
6 notice on a website maintained by the newspaper;
7 providing requirements for size and placement of such
8 website publication; requiring free access to such
9 online publications; requiring that legal notices
10 published in newspapers also be published on another
11 specified website; requiring that, after a specified
12 date, newspapers that publish legal notice provide e
13 mail notification of new legal notices; providing
14 requirements for such notice; providing that an error
15 on a newspaper or statewide website is considered a
16 harmless error and legal notice requirements are
17 considered met if the notice published in the
18 newspaper is correct; amending s. 50.041, F.S.;
19 revising physical requirements for proof of
20 publication affidavits; authorizing electronic
21 affidavits that meet specified requirements; amending
22 s. 50.061, F.S.; limiting the rate that may be charged
23 for government notices required to be published more
24 than once in certain circumstances; deleting
25 provisions specifying rates for legal notices based on
26 county population; amending ss. 125.66, 166.041,
27 190.005, and 200.065, F.S.; requiring that website
28 publication of certain legal notices include maps that
29 appear in the newspaper advertisements; amending s.
30 17.325, F.S.; making it optional for the Chief
31 Financial Officer to advertise the availability of the
32 governmental efficiency hotline; amending ss. 120.60
33 215.555, 253.52, 255.518, and 380.0668, F.S.; deleting
34 requirements that certain legal notices be published
35 in Leon County; amending s. 455.275, F.S.; deleting a
36 requirement that certain notices concerning
37 professional licensees who cannot be personally served
38 be published in Leon County; requiring that plain
39 notice to the licensee be posted on the front page of
40 the Department of Business and Professional
41 Regulation’s website and be provided to certain news
42 outlets; amending s. 473.3141, F.S.; deleting a
43 requirement that notices concerning the discipline of
44 certain certified public accountants be published in
45 Leon County; amending s. 527.23, F.S.; deleting
46 requirements relating to the newspaper publication of
47 certain notices relating to marketing orders for
48 propane gas; requiring that such orders be published
49 on the Internet and that information be provided to
50 certain news outlets; amending ss. 573.109 and
51 573.111, F.S.; deleting requirements relating to the
52 newspaper publication of certain notices relating to
53 agricultural marketing orders; requiring that such
54 orders be published on the Internet and that
55 information be provided to certain news outlets;
56 amending s. 631.59, F.S.; deleting requirements for
57 the newspaper publication of certain notices
58 concerning insolvent insurers; providing for notice by
59 e-mail or telephone; providing for applicability;
60 providing effective dates.
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Section 50.0211, Florida Statutes, is created to
65 read:
66 50.0211 Internet website publication.—
67 (1) This section applies to legal notices that must be
68 published in accordance with this chapter unless otherwise
69 specified.
70 (2) Each legal notice must be placed on the newspaper’s
71 website on the same day the notice appears in the newspaper. A
72 link to legal notices shall be provided on the front page of the
73 newspaper’s website that provides access to the legal notices
74 without charge. If there is a specified size and placement
75 required for a printed legal notice, the size and placement of
76 the notice on the newspaper’s website must optimize its online
77 visibility in keeping with the print requirements. The
78 newspaper’s web pages that contain legal notices shall present
79 the legal notices as the dominant subject matter of those pages.
80 The newspaper’s website shall contain a search function to
81 facilitate searching the legal notices. This subsection shall
82 take effect July 1, 2013.
83 (3) If a legal notice is published in a newspaper, the
84 newspaper publishing the notice shall place the notice on the
85 website established and maintained as an initiative of the
86 Florida Press Association as a repository for such notices
87 located at the following address: www.floridapublicnotices.com.
88 (4) Newspapers that publish legal notices shall, upon
89 request, provide e-mail notification of new legal notices when
90 they are printed in the newspaper and added to the newspaper’s
91 website. Such e-mail notification shall be provided without
92 charge and notification for such an e-mail registry shall be
93 available on the front page of the legal notices section of the
94 newspaper’s website. This subsection shall take effect July 1,
95 2013.
96 (5) An error in the notice placed on the newspaper or
97 statewide website shall be considered a harmless error and
98 proper legal notice requirements shall be considered met if the
99 notice published in the newspaper is correct.
100 Section 2. Subsection (2) of section 50.041, Florida
101 Statutes, is amended to read:
102 50.041 Proof of publication; uniform affidavits required.—
103 (2) Each such affidavit shall be printed upon white bond
104 paper containing at least 25 percent rag material and shall be 8
105 1/2 inches in width and of convenient length, not less than 5
106 1/2 inches. A white margin of not less than 2 1/2 inches shall
107 be left at the right side of each affidavit form and upon or in
108 this space shall be substantially pasted a clipping which shall
109 be a true copy of the public notice or legal advertisement for
110 which proof is executed. Alternatively, the affidavit may be
111 provided in electronic rather than paper form, provided the
112 notarization of the affidavit complies with the requirements of
113 s. 117.021.
114 Section 3. Subsection (2) of section 50.061, Florida
115 Statutes, is amended to read:
116 50.061 Amounts chargeable.—
117 (2) The charge for publishing each such official public
118 notice or legal advertisement shall be 70 cents per square inch
119 for the first insertion and 40 cents per square inch for each
120 subsequent insertion, except that government notices required to
121 be published more than once whose cost is paid for by the
122 government and not paid in advance by or allowed to be recouped
123 from private parties may not be charged for the second and
124 successive insertions at a rate greater than 85 percent of the
125 original rate.:
126 (a) In all counties having a population of more than
127 304,000 according to the latest official decennial census, the
128 charge for publishing each such official public notice or legal
129 advertisement shall be 80 cents per square inch for the first
130 insertion and 60 cents per square inch for each subsequent
131 insertion.
132 (b) In all counties having a population of more than
133 450,000 according to the latest official decennial census, the
134 charge for publishing each such official public notice or legal
135 advertisement shall be 95 cents per square inch for the first
136 insertion and 75 cents per square inch for each subsequent
137 insertion.
138 Section 4. Paragraph (b) of subsection (4) of section
139 125.66, Florida Statutes, is amended to read:
140 125.66 Ordinances; enactment procedure; emergency
141 ordinances; rezoning or change of land use ordinances or
142 resolutions.—
143 (4) Ordinances or resolutions, initiated by other than the
144 county, that change the actual zoning map designation of a
145 parcel or parcels of land shall be enacted pursuant to
146 subsection (2). Ordinances or resolutions that change the actual
147 list of permitted, conditional, or prohibited uses within a
148 zoning category, or ordinances or resolutions initiated by the
149 county that change the actual zoning map designation of a parcel
150 or parcels of land shall be enacted pursuant to the following
151 procedure:
152 (b) In cases in which the proposed ordinance or resolution
153 changes the actual list of permitted, conditional, or prohibited
154 uses within a zoning category, or changes the actual zoning map
155 designation of a parcel or parcels of land involving 10
156 contiguous acres or more, the board of county commissioners
157 shall provide for public notice and hearings as follows:
158 1. The board of county commissioners shall hold two
159 advertised public hearings on the proposed ordinance or
160 resolution. At least one hearing shall be held after 5 p.m. on a
161 weekday, unless the board of county commissioners, by a majority
162 plus one vote, elects to conduct that hearing at another time of
163 day. The first public hearing shall be held at least 7 days
164 after the day that the first advertisement is published. The
165 second hearing shall be held at least 10 days after the first
166 hearing and shall be advertised at least 5 days prior to the
167 public hearing.
168 2. The required advertisements shall be no less than 2
169 columns wide by 10 inches long in a standard size or a tabloid
170 size newspaper, and the headline in the advertisement shall be
171 in a type no smaller than 18 point. The advertisement shall not
172 be placed in that portion of the newspaper where legal notices
173 and classified advertisements appear. The advertisement shall be
174 placed in a newspaper of general paid circulation in the county
175 and of general interest and readership in the community pursuant
176 to chapter 50, not one of limited subject matter. It is the
177 legislative intent that, whenever possible, the advertisement
178 shall appear in a newspaper that is published at least 5 days a
179 week unless the only newspaper in the community is published
180 less than 5 days a week. The advertisement shall be in
181 substantially the following form:
182
183 NOTICE OF (TYPE OF) CHANGE
184
185 The ...(name of local governmental unit)... proposes to
186 adopt the following by ordinance or resolution:...(title of
187 ordinance or resolution)....
188 A public hearing on the ordinance or resolution will be
189 held on ...(date and time)... at ...(meeting place)....
190
191 Except for amendments which change the actual list of permitted,
192 conditional, or prohibited uses within a zoning category, the
193 advertisement shall contain a geographic location map which
194 clearly indicates the area within the local government covered
195 by the proposed ordinance or resolution. The map shall include
196 major street names as a means of identification of the general
197 area. In addition to being published in the newspaper, the map
198 must be part of the online notice required pursuant to s.
199 50.0211.
200 3. In lieu of publishing the advertisements set out in this
201 paragraph, the board of county commissioners may mail a notice
202 to each person owning real property within the area covered by
203 the ordinance or resolution. Such notice shall clearly explain
204 the proposed ordinance or resolution and shall notify the person
205 of the time, place, and location of both public hearings on the
206 proposed ordinance or resolution.
207 Section 5. Paragraph (c) of subsection (3) of section
208 166.041, Florida Statutes, is amended to read:
209 166.041 Procedures for adoption of ordinances and
210 resolutions.—
211 (3)
212 (c) Ordinances initiated by other than the municipality
213 that change the actual zoning map designation of a parcel or
214 parcels of land shall be enacted pursuant to paragraph (a).
215 Ordinances that change the actual list of permitted,
216 conditional, or prohibited uses within a zoning category, or
217 ordinances initiated by the municipality that change the actual
218 zoning map designation of a parcel or parcels of land shall be
219 enacted pursuant to the following procedure:
220 1. In cases in which the proposed ordinance changes the
221 actual zoning map designation for a parcel or parcels of land
222 involving less than 10 contiguous acres, the governing body
223 shall direct the clerk of the governing body to notify by mail
224 each real property owner whose land the municipality will
225 redesignate by enactment of the ordinance and whose address is
226 known by reference to the latest ad valorem tax records. The
227 notice shall state the substance of the proposed ordinance as it
228 affects that property owner and shall set a time and place for
229 one or more public hearings on such ordinance. Such notice shall
230 be given at least 30 days prior to the date set for the public
231 hearing, and a copy of the notice shall be kept available for
232 public inspection during the regular business hours of the
233 office of the clerk of the governing body. The governing body
234 shall hold a public hearing on the proposed ordinance and may,
235 upon the conclusion of the hearing, immediately adopt the
236 ordinance.
237 2. In cases in which the proposed ordinance changes the
238 actual list of permitted, conditional, or prohibited uses within
239 a zoning category, or changes the actual zoning map designation
240 of a parcel or parcels of land involving 10 contiguous acres or
241 more, the governing body shall provide for public notice and
242 hearings as follows:
243 a. The local governing body shall hold two advertised
244 public hearings on the proposed ordinance. At least one hearing
245 shall be held after 5 p.m. on a weekday, unless the local
246 governing body, by a majority plus one vote, elects to conduct
247 that hearing at another time of day. The first public hearing
248 shall be held at least 7 days after the day that the first
249 advertisement is published. The second hearing shall be held at
250 least 10 days after the first hearing and shall be advertised at
251 least 5 days prior to the public hearing.
252 b. The required advertisements shall be no less than 2
253 columns wide by 10 inches long in a standard size or a tabloid
254 size newspaper, and the headline in the advertisement shall be
255 in a type no smaller than 18 point. The advertisement shall not
256 be placed in that portion of the newspaper where legal notices
257 and classified advertisements appear. The advertisement shall be
258 placed in a newspaper of general paid circulation in the
259 municipality and of general interest and readership in the
260 municipality, not one of limited subject matter, pursuant to
261 chapter 50. It is the legislative intent that, whenever
262 possible, the advertisement appear in a newspaper that is
263 published at least 5 days a week unless the only newspaper in
264 the municipality is published less than 5 days a week. The
265 advertisement shall be in substantially the following form:
266
267 NOTICE OF (TYPE OF) CHANGE
268
269 The ...(name of local governmental unit)... proposes to
270 adopt the following ordinance:...(title of the ordinance)....
271 A public hearing on the ordinance will be held on ...(date
272 and time)... at ...(meeting place)....
273
274 Except for amendments which change the actual list of permitted,
275 conditional, or prohibited uses within a zoning category, the
276 advertisement shall contain a geographic location map which
277 clearly indicates the area covered by the proposed ordinance.
278 The map shall include major street names as a means of
279 identification of the general area. In addition to being
280 published in the newspaper, the map must be part of the online
281 notice required pursuant to s. 50.0211.
282 c. In lieu of publishing the advertisement set out in this
283 paragraph, the municipality may mail a notice to each person
284 owning real property within the area covered by the ordinance.
285 Such notice shall clearly explain the proposed ordinance and
286 shall notify the person of the time, place, and location of any
287 public hearing on the proposed ordinance.
288 Section 6. Paragraph (d) of subsection (1) of section
289 190.005, Florida Statutes, is amended to read:
290 190.005 Establishment of district.—
291 (1) The exclusive and uniform method for the establishment
292 of a community development district with a size of 1,000 acres
293 or more shall be pursuant to a rule, adopted under chapter 120
294 by the Florida Land and Water Adjudicatory Commission, granting
295 a petition for the establishment of a community development
296 district.
297 (d) A local public hearing on the petition shall be
298 conducted by a hearing officer in conformance with the
299 applicable requirements and procedures of the Administrative
300 Procedure Act. The hearing shall include oral and written
301 comments on the petition pertinent to the factors specified in
302 paragraph (e). The hearing shall be held at an accessible
303 location in the county in which the community development
304 district is to be located. The petitioner shall cause a notice
305 of the hearing to be published in a newspaper at least once a
306 week for the 4 successive weeks immediately prior to the
307 hearing. Such notice shall give the time and place for the
308 hearing, a description of the area to be included in the
309 district, which description shall include a map showing clearly
310 the area to be covered by the district, and any other relevant
311 information which the establishing governing bodies may require.
312 The advertisement shall not be placed in that portion of the
313 newspaper where legal notices and classified advertisements
314 appear. The advertisement shall be published in a newspaper of
315 general paid circulation in the county and of general interest
316 and readership in the community, not one of limited subject
317 matter, pursuant to chapter 50. Whenever possible, the
318 advertisement shall appear in a newspaper that is published at
319 least 5 days a week, unless the only newspaper in the community
320 is published fewer than 5 days a week. In addition to being
321 published in the newspaper, the map referenced in this paragraph
322 must be part of the online advertisement required pursuant to s.
323 50.0211. All affected units of general-purpose local government
324 and the general public shall be given an opportunity to appear
325 at the hearing and present oral or written comments on the
326 petition.
327 Section 7. Paragraph (h) of subsection (3) of section
328 200.065, Florida Statutes, is amended to read:
329 200.065 Method of fixing millage.—
330 (3) The advertisement shall be no less than one-quarter
331 page in size of a standard size or a tabloid size newspaper, and
332 the headline in the advertisement shall be in a type no smaller
333 than 18 point. The advertisement shall not be placed in that
334 portion of the newspaper where legal notices and classified
335 advertisements appear. The advertisement shall be published in a
336 newspaper of general paid circulation in the county or in a
337 geographically limited insert of such newspaper. The geographic
338 boundaries in which such insert is circulated shall include the
339 geographic boundaries of the taxing authority. It is the
340 legislative intent that, whenever possible, the advertisement
341 appear in a newspaper that is published at least 5 days a week
342 unless the only newspaper in the county is published less than 5
343 days a week, or that the advertisement appear in a
344 geographically limited insert of such newspaper which insert is
345 published throughout the taxing authority’s jurisdiction at
346 least twice each week. It is further the legislative intent that
347 the newspaper selected be one of general interest and readership
348 in the community and not one of limited subject matter, pursuant
349 to chapter 50.
350 (h) In no event shall any taxing authority add to or delete
351 from the language of the advertisements as specified herein
352 unless expressly authorized by law, except that, if an increase
353 in ad valorem tax rates will affect only a portion of the
354 jurisdiction of a taxing authority, advertisements may include a
355 map or geographical description of the area to be affected and
356 the proposed use of the tax revenues under consideration. In
357 addition, if published in the newspaper, the map must be part of
358 the online advertisement required by s. 50.0211. The
359 advertisements required herein shall not be accompanied,
360 preceded, or followed by other advertising or notices which
361 conflict with or modify the substantive content prescribed
362 herein.
363 Section 8. Subsection (2) of section 17.325, Florida
364 Statutes, is amended to read:
365 17.325 Governmental efficiency hotline; duties of Chief
366 Financial Officer.—
367 (2) The Chief Financial Officer shall operate the hotline
368 24 hours a day. The Chief Financial Officer may shall advertise
369 the availability of the hotline in newspapers of general
370 circulation in this state and shall provide for the posting of
371 notices in conspicuous places in state agency offices, city
372 halls, county courthouses, and places in which there is exposure
373 to significant numbers of the general public, including, but not
374 limited to, local convenience stores, shopping malls, shopping
375 centers, gasoline stations, or restaurants. The Chief Financial
376 Officer shall use the slogan “Tell us where we can ‘Get Lean’”
377 for the hotline and in advertisements for the hotline.
378 Section 9. Subsection (5) of section 120.60, Florida
379 Statutes, is amended to read:
380 120.60 Licensing.—
381 (5) No revocation, suspension, annulment, or withdrawal of
382 any license is lawful unless, prior to the entry of a final
383 order, the agency has served, by personal service or certified
384 mail, an administrative complaint which affords reasonable
385 notice to the licensee of facts or conduct which warrant the
386 intended action and unless the licensee has been given an
387 adequate opportunity to request a proceeding pursuant to ss.
388 120.569 and 120.57. When personal service cannot be made and the
389 certified mail notice is returned undelivered, the agency shall
390 cause a short, plain notice to the licensee to be published once
391 each week for 4 consecutive weeks in a newspaper published in
392 the county of the licensee’s last known address as it appears on
393 the records of the agency. If no newspaper is published in that
394 county, the notice may be published in a newspaper of general
395 circulation in that county. If the address is in some state
396 other than this state or in a foreign territory or country, the
397 notice may be published in Leon County.
398 Section 10. Paragraph (d) of subsection (6) of section
399 215.555, Florida Statutes, is amended to read:
400 215.555 Florida Hurricane Catastrophe Fund.—
401 (6) REVENUE BONDS.—
402 (d) Florida Hurricane Catastrophe Fund Finance
403 Corporation.—
404 1. In addition to the findings and declarations in
405 subsection (1), the Legislature also finds and declares that:
406 a. The public benefits corporation created under this
407 paragraph will provide a mechanism necessary for the cost
408 effective and efficient issuance of bonds. This mechanism will
409 eliminate unnecessary costs in the bond issuance process,
410 thereby increasing the amounts available to pay reimbursement
411 for losses to property sustained as a result of hurricane
412 damage.
413 b. The purpose of such bonds is to fund reimbursements
414 through the Florida Hurricane Catastrophe Fund to pay for the
415 costs of construction, reconstruction, repair, restoration, and
416 other costs associated with damage to properties of
417 policyholders of covered policies due to the occurrence of a
418 hurricane.
419 c. The efficacy of the financing mechanism will be enhanced
420 by the corporation’s ownership of the assessments, by the
421 insulation of the assessments from possible bankruptcy
422 proceedings, and by covenants of the state with the
423 corporation’s bondholders.
424 2.a. There is created a public benefits corporation, which
425 is an instrumentality of the state, to be known as the Florida
426 Hurricane Catastrophe Fund Finance Corporation.
427 b. The corporation shall operate under a five-member board
428 of directors consisting of the Governor or a designee, the Chief
429 Financial Officer or a designee, the Attorney General or a
430 designee, the director of the Division of Bond Finance of the
431 State Board of Administration, and the senior employee of the
432 State Board of Administration responsible for operations of the
433 Florida Hurricane Catastrophe Fund.
434 c. The corporation has all of the powers of corporations
435 under chapter 607 and under chapter 617, subject only to the
436 provisions of this subsection.
437 d. The corporation may issue bonds and engage in such other
438 financial transactions as are necessary to provide sufficient
439 funds to achieve the purposes of this section.
440 e. The corporation may invest in any of the investments
441 authorized under s. 215.47.
442 f. There shall be no liability on the part of, and no cause
443 of action shall arise against, any board members or employees of
444 the corporation for any actions taken by them in the performance
445 of their duties under this paragraph.
446 3.a. In actions under chapter 75 to validate any bonds
447 issued by the corporation, the notice required by s. 75.06 shall
448 be published only in Leon County and in two newspapers of
449 general circulation in the state, and the complaint and order of
450 the court shall be served only on the State Attorney of the
451 Second Judicial Circuit.
452 b. The state hereby covenants with holders of bonds of the
453 corporation that the state will not repeal or abrogate the power
454 of the board to direct the Office of Insurance Regulation to
455 levy the assessments and to collect the proceeds of the revenues
456 pledged to the payment of such bonds as long as any such bonds
457 remain outstanding unless adequate provision has been made for
458 the payment of such bonds pursuant to the documents authorizing
459 the issuance of such bonds.
460 4. The bonds of the corporation are not a debt of the state
461 or of any political subdivision, and neither the state nor any
462 political subdivision is liable on such bonds. The corporation
463 does not have the power to pledge the credit, the revenues, or
464 the taxing power of the state or of any political subdivision.
465 The credit, revenues, or taxing power of the state or of any
466 political subdivision shall not be deemed to be pledged to the
467 payment of any bonds of the corporation.
468 5.a. The property, revenues, and other assets of the
469 corporation; the transactions and operations of the corporation
470 and the income from such transactions and operations; and all
471 bonds issued under this paragraph and interest on such bonds are
472 exempt from taxation by the state and any political subdivision,
473 including the intangibles tax under chapter 199 and the income
474 tax under chapter 220. This exemption does not apply to any tax
475 imposed by chapter 220 on interest, income, or profits on debt
476 obligations owned by corporations other than the Florida
477 Hurricane Catastrophe Fund Finance Corporation.
478 b. All bonds of the corporation shall be and constitute
479 legal investments without limitation for all public bodies of
480 this state; for all banks, trust companies, savings banks,
481 savings associations, savings and loan associations, and
482 investment companies; for all administrators, executors,
483 trustees, and other fiduciaries; for all insurance companies and
484 associations and other persons carrying on an insurance
485 business; and for all other persons who are now or may hereafter
486 be authorized to invest in bonds or other obligations of the
487 state and shall be and constitute eligible securities to be
488 deposited as collateral for the security of any state, county,
489 municipal, or other public funds. This sub-subparagraph shall be
490 considered as additional and supplemental authority and shall
491 not be limited without specific reference to this sub
492 subparagraph.
493 6. The corporation and its corporate existence shall
494 continue until terminated by law; however, no such law shall
495 take effect as long as the corporation has bonds outstanding
496 unless adequate provision has been made for the payment of such
497 bonds pursuant to the documents authorizing the issuance of such
498 bonds. Upon termination of the existence of the corporation, all
499 of its rights and properties in excess of its obligations shall
500 pass to and be vested in the state.
501 Section 11. Section 253.52, Florida Statutes, is amended to
502 read:
503 253.52 Placing oil and gas leases on market by board.
504 Whenever in the opinion of the Board of Trustees of the Internal
505 Improvement Trust Fund there shall be a demand for the purchase
506 of oil and gas leases on any area, tract, or parcel of the land
507 so owned, controlled, or managed, by any state board,
508 department, or agency, then the board shall place such oil and
509 gas lease or leases on the market in such blocks, tracts, or
510 parcels as it may designate. The lease or leases shall only be
511 made after notice by publication thereof has been made not less
512 than once a week for 4 consecutive weeks in a newspaper of
513 general circulation published in Leon County, and in a similar
514 newspaper for a similar period of time published in the vicinity
515 of the lands offered to be leased, the last publication in both
516 newspapers to be not less than 5 days in advance of the sale
517 date. Such notice shall be to the effect that a lease or leases
518 will be offered for sale at such date and time as may be named
519 in said notice and shall describe the land upon which such
520 lease, or leases, will be offered. This notice may be combined
521 with the notice required pursuant to s. 253.115. Before any
522 lease of any block, tract, or parcel of land, submerged, or
523 unsubmerged, within a radius of 3 miles of the boundaries of any
524 incorporated city, or town, or within such radius of any bathing
525 beach, or beaches, outside thereof, such board, department, or
526 agency, shall through one or more of its members hold a public
527 hearing, after notice thereof by publication once in a newspaper
528 of general circulation published at least 1 week prior to said
529 hearing in the vicinity of the land, or lands, offered to be
530 leased, of the offer to lease the same, calling upon all
531 interested persons to attend said hearing where they would be
532 given the opportunity to be heard, all of which shall be
533 considered by the board prior to the execution of any lease or
534 leases to said land, and the board may withdraw said land, or
535 any part thereof, from the market, and refuse to execute such
536 lease or leases if after such hearing, or otherwise, it
537 considers such execution contrary to the public welfare. Before
538 advertising any land for lease the form of the lease or leases
539 to be offered for sale, not inconsistent with law, or the
540 provisions of this section, shall be prescribed by the board and
541 a copy, or copies, thereof, shall be available to the general
542 public at the office of the Board of Trustees of the Internal
543 Improvement Trust Fund and the advertisements of such sale shall
544 so state.
545 Section 12. Paragraph (b) of subsection (4) of section
546 255.518, Florida Statutes, is amended to read:
547 255.518 Obligations; purpose, terms, approval,
548 limitations.—
549 (4)
550 (b) In actions to validate such obligations pursuant to
551 chapter 75, the complaint shall be filed in the Circuit Court of
552 Leon County, the notice required by s. 75.06, shall be published
553 only in Leon County and in two newspapers of general circulation
554 in the state, and the complaint and order of the court shall be
555 served only on the state attorney of the Second Judicial
556 Circuit.
557 Section 13. Paragraph (b) of subsection (4) of section
558 380.0668, Florida Statutes, is amended to read:
559 380.0668 Bonds; purpose, terms, approval, limitations.—
560 (4)
561 (b) In actions to validate such bonds pursuant to chapter
562 75, the complaint shall be filed in the Circuit Court of Leon
563 County, the notice required by s. 75.06 shall be published in
564 newspapers of general circulation in Leon County and the county
565 in which the area or areas of critical state concern involved
566 are located, and the complaint and order of the court shall be
567 served on the state attorney of the Second Judicial Circuit and
568 the circuit in which the area or areas of critical state concern
569 involved are located.
570 Section 14. Paragraph (b) of subsection (3) of section
571 455.275, Florida Statutes, is amended to read:
572 455.275 Address of record.—
573 (3)
574 (b) If service, as provided in paragraph (a), does not
575 provide the department with proof of service, the department
576 shall call the last known telephone number of record and cause a
577 short, plain notice to the licensee to be posted on the front
578 page of the department’s website and shall send notice via e
579 mail to all newspapers of general circulation and all news
580 departments of broadcast network affiliates in the county of the
581 licensee’s last known address of record published once each week
582 for 4 consecutive weeks in a newspaper published in the county
583 of the licensee’s last known address of record. If a newspaper
584 is not published in the county, the administrative complaint may
585 be published in a newspaper of general circulation in the
586 county. If the licensee’s last known address is located in
587 another state or in a foreign jurisdiction, the administrative
588 complaint may be published in Leon County pursuant to s.
589 120.60(5).
590 Section 15. Subsection (5) of section 473.3141, Florida
591 Statutes, is amended to read:
592 473.3141 Certified public accountants licensed in other
593 states.—
594 (5) Disciplinary action against an individual or firm that
595 practices pursuant to this section is not valid unless, prior to
596 the entry of a final order, the agency has served, by personal
597 service pursuant to this chapter or chapter 48 or by certified
598 mail, an administrative complaint that provides reasonable
599 notice to the individual or firm of facts or conduct that
600 warrants the intended action and unless the individual or firm
601 has been given an adequate opportunity to request a proceeding
602 pursuant to ss. 120.569 and 120.57. When personal service cannot
603 be made and the certified mail notice is returned undelivered,
604 the agency shall have a short, plain notice to the individual or
605 firm with practice privileges published once a week for 4
606 consecutive weeks in a newspaper published in Leon County,
607 Florida. The newspaper shall meet the requirements prescribed by
608 law for such purposes.
609 Section 16. Paragraph (b) of subsection (5) of section
610 527.23, Florida Statutes, is amended to read:
611 527.23 Marketing orders; referendum requirements;
612 assessments.—
613 (5)
614 (b) It is the duty of the producers or dealers of propane
615 gas who vote in each referendum to send their marked ballots to
616 the department, which shall have the ballots counted by
617 qualified and impartial personnel in its office, and the
618 department shall, within 10 days after the closing date for
619 submitting ballots in any referendum, certify in writing and
620 publish the results of such referendum on the front page of its
621 website and shall send notice via e-mail to all publications of
622 general circulation and all news departments of broadcast
623 network affiliates located within the state in a newspaper of
624 general circulation in the state and in such other newspapers as
625 the department prescribes.
626 Section 17. Subsection (2) of section 573.109, Florida
627 Statutes, is amended to read:
628 573.109 Procedure for referendum.—
629 (2) It shall be the duty of the producers or handlers
630 affected who vote in each referendum to send their marked
631 ballots to the department, which shall have the ballots counted
632 by qualified and impartial personnel in its office, and the
633 department shall, within 10 days after the closing date for
634 submitting ballots in any referendum, certify in writing and
635 publish the results of such referendum on the front page of its
636 website and shall send notice via e-mail to all publications of
637 general circulation and all news departments of broadcast
638 network affiliates located within the state in a newspaper of
639 general circulation in the state and in such other newspapers as
640 the department may prescribe.
641 Section 18. Section 573.111, Florida Statutes, is amended
642 to read:
643 573.111 Notice of effective date of marketing order.—Before
644 the issuance of any marketing order, or any suspension,
645 amendment, or termination thereof, a notice shall be posted on a
646 public bulletin board to be maintained by the department in the
647 Division of Marketing and Development of the department in the
648 Nathan Mayo Building, Tallahassee, Leon County, and a copy of
649 the notice shall be posted on the department’s website published
650 in a newspaper of general circulation in the state and in such
651 other newspaper or newspapers as the department may prescribe.
652 The notices published in the newspaper or newspapers shall be
653 sent by first-class mail, by the department to those newspapers
654 designated by it, the same date that the notice is posted on the
655 bulletin board with instructions to publish the same as a legal
656 advertisement the first date after receipt of the notice as such
657 newspaper’s policy for publishing legal advertisements provides.
658 No marketing order, or any suspension, amendment, or termination
659 thereof, shall become effective until the termination of a
660 period of 5 days from the date of posting and publication.
661 Section 19. Subsection (2) of section 631.59, Florida
662 Statutes, is amended to read:
663 631.59 Duties and powers of department and office.—
664 (2) The department may require that the association notify
665 the insureds of the insolvent insurer and any other interested
666 parties of the determination of insolvency and of their rights
667 under this part. Such notification shall be by mail at their
668 last known addresses, when available, but if sufficient
669 information for notification by mail is not available, notice by
670 e-mail or telephone publication in a newspaper of general
671 circulation shall be sufficient.
672 Section 20. Except as otherwise expressly provided in this
673 act, this act shall take effect July 1, 2012, and shall apply to
674 legal notices that must be published on or after that date.