Florida Senate - 2014                              CS for SB 834
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Latvala
       
       
       
       
       585-02544-14                                           2014834c1
    1                        A bill to be entitled                      
    2         An act relating to legal notices; amending s. 50.0211,
    3         F.S.; requiring legal notices to be posted on a
    4         newspaper’s website on web pages with specified
    5         titles; prohibiting charging a fee or requiring
    6         registration for viewing online legal notices;
    7         establishing the period for which legal notices are
    8         required to be published on the statewide website;
    9         requiring that legal notices be archived on the
   10         statewide website for a specified period; deleting a
   11         provision relating to harmless error; amending s.
   12         50.061, F.S.; clarifying payment provisions; providing
   13         an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 50.0211, Florida Statutes, is amended to
   18  read:
   19         50.0211 Internet website publication.—
   20         (1) This section applies to legal notices that must be
   21  published in accordance with this chapter unless otherwise
   22  specified.
   23         (2) Each legal notice must be posted placed on the
   24  newspaper’s website on the same day that the printed notice
   25  appears in the newspaper, at no additional charge, in a separate
   26  web page titled “Legal Notices,” “Legal Advertising,” or
   27  comparable identifying language. A link to the legal notices web
   28  page shall be provided on the front page of the newspaper’s
   29  website that provides access to the legal notices without
   30  charge. If there is a specified size and placement required for
   31  a printed legal notice, the size and placement of the notice on
   32  the newspaper’s website must should optimize its online
   33  visibility in keeping with the print requirements. The
   34  newspaper’s web pages that contain legal notices must shall
   35  present the legal notices as the dominant and leading subject
   36  matter of those pages. The newspaper’s website must shall
   37  contain a search function to facilitate searching the legal
   38  notices. A fee may not be charged, and registration may not be
   39  required, for viewing or searching legal notices on a
   40  newspaper’s website if the legal notice is published in a
   41  newspaper This subsection shall take effect July 1, 2013.
   42         (3)(a) If a legal notice is published in a newspaper, the
   43  newspaper publishing the notice shall place the notice on the
   44  statewide website established and maintained as an initiative of
   45  the Florida Press Association as a repository for such notices
   46  located at the following address: www.floridapublicnotices.com.
   47         (b) A legal notice placed on the statewide website created
   48  under this subsection must be:
   49         1. Accessible and searchable by party name and case number.
   50         2. Posted for a period of at least 90 consecutive days
   51  after the first day of posting.
   52         (c) The statewide website created under this subsection
   53  shall maintain a searchable archive of all legal notices posted
   54  on the publicly accessible website on or after October 1, 2014,
   55  for 18 months after the first day of posting. Such searchable
   56  archive shall be provided and accessible to the general public
   57  without charge.
   58         (4) Newspapers that publish legal notices shall, upon
   59  request, provide e-mail notification of new legal notices when
   60  they are printed in the newspaper and added to the newspaper’s
   61  website. Such e-mail notification shall be provided without
   62  charge, and notification for such an e-mail registry shall be
   63  available on the front page of the legal notices section of the
   64  newspaper’s website. This subsection shall take effect July 1,
   65  2013.
   66         (5) An error in the notice placed on the newspaper or
   67  statewide website shall be considered a harmless error and
   68  proper legal notice requirements shall be considered met if the
   69  notice published in the newspaper is correct.
   70         Section 2. Subsections (2) and (3) of section 50.061,
   71  Florida Statutes, are amended to read:
   72         50.061 Amounts chargeable.—
   73         (2) The charge for publishing each such official public
   74  notice or legal advertisement shall be 70 cents per square inch
   75  for the first insertion and 40 cents per square inch for each
   76  subsequent insertion, except that government notices required to
   77  be published more than once, the cost of which whose cost is
   78  paid for by the government and not paid in advance by or allowed
   79  to be recouped from private parties, may not be charged for the
   80  second and successive insertions at a rate greater than 85
   81  percent of the original rate.
   82         (3) Where the regular established minimum commercial rate
   83  per square inch of the newspaper publishing such official public
   84  notices or legal advertisements is in excess of the rate herein
   85  stipulated, said minimum commercial rate per square inch may be
   86  charged for all such legal advertisements or official public
   87  notices for each insertion, except that government notices
   88  required to be published more than once, the cost of which whose
   89  cost is paid for by the government and not paid in advance by or
   90  allowed to be recouped from private parties, may not be charged
   91  for the second and successive insertions at a rate greater than
   92  85 percent of the original rate.
   93         Section 3. This act shall take effect October 1, 2014.