Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for CS for HB 937
Barcode 298476
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: WD .
03/09/2012 04:16 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Bennett moved the following:
1 Senate Amendment (with title amendment)
2
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16 legislation all and singular, existing or repealed, is and has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:
77
78 NAME OF NEWSPAPER
79
80 Published (Weekly or Daily)
81
82 (Town or City) (County) FLORIDA
83
84 STATE OF FLORIDA
85
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.
104
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.
108
109 ...(Signature of Notary Public)...
110
111 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
112
113 ...(Notary Public)...
114
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,