| 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. |