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