Florida Senate - 2019                                    SB 1676
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01564-19                                           20191676__
    1                        A bill to be entitled                      
    2         An act relating to legal notices; amending s. 50.011,
    3         F.S.; deleting provisions relating to publication of
    4         legal notices in newspapers; repealing s. 50.021,
    5         F.S., relating to advertisements when no newspaper is
    6         published in a county; repealing s. 50.0211, F.S.,
    7         relating to Internet website publication of legal
    8         notices by newspapers; repealing s. 50.031, F.S.,
    9         relating to newspapers in which legal notices and
   10         process may be published; creating s. 50.0311, F.S.;
   11         defining the term “publicly accessible website”;
   12         authorizing government agencies to publish legal
   13         notices on their websites; requiring government
   14         agencies to provide specified notice to residents
   15         concerning alternative methods of receiving legal
   16         notices; requiring government agencies to provide
   17         specified alternative means of receiving legal
   18         notices; authorizing counties to publish such notices
   19         on governmental access channels; amending s. 50.041,
   20         F.S.; deleting provisions relating to publication of
   21         legal notices in newspapers; amending s. 50.051, F.S.;
   22         deleting references to publication of legal notices in
   23         newspapers; revising a form for affidavits of
   24         publication; repealing s. 50.061, F.S., relating to
   25         amounts chargeable for publication of legal notices;
   26         amending s. 50.0711, F.S.; revising provisions
   27         relating to the use of court docket funds; amending
   28         ss. 11.02, 45.031, 69.081, 121.0511, 121.055, 125.66,
   29         162.12, 166.041, 189.015, 190.005, 194.037, 197.402,
   30         200.065, 316.066, 338.223, 373.0397, 373.146, 403.722,
   31         501.059, 712.06, 849.38, 865.09, and 932.704, F.S.;
   32         conforming provisions to changes made by the act;
   33         providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 50.011, Florida Statutes, is amended to
   38  read:
   39         50.011 Publication of Where and in what language legal
   40  notices; method to be published.—Whenever by statute an official
   41  or legal advertisement or a publication, or notice in a
   42  newspaper has been or is directed or permitted in the nature of
   43  or in lieu of process, or for constructive service, or in
   44  initiating, assuming, reviewing, exercising or enforcing
   45  jurisdiction or power, or for any purpose, including all legal
   46  notices and advertisements of sheriffs and tax collectors, the
   47  contemporaneous and continuous intent and meaning of such
   48  legislation all and singular, existing or repealed, is and has
   49  been and is hereby declared to be and to have been, and the rule
   50  of interpretation is and has been, a publication as provided in
   51  s. 50.0311 in a newspaper printed and published periodically
   52  once a week or oftener, containing at least 25 percent of its
   53  words in the English language, entered or qualified to be
   54  admitted and entered as periodicals matter at a post office in
   55  the county where published, for sale to the public generally,
   56  available to the public generally for the publication of
   57  official or other notices and customarily containing information
   58  of a public character or of interest or of value to the
   59  residents or owners of property in the county where published,
   60  or of interest or of value to the general public.
   61         Section 2. Section 50.021, Florida Statutes, is repealed.
   62         Section 3. Section 50.0211, Florida Statutes, is repealed.
   63         Section 4. Section 50.031, Florida Statutes, is repealed.
   64         Section 5. Section 50.0311, Florida Statutes, is created to
   65  read:
   66         50.0311Publication of advertisements and public notices on
   67  a publicly accessible website and governmental access channels.—
   68         (1)For purposes of notices and advertisements required
   69  under s. 50.11, the term “publicly accessible website” means a
   70  state or local government agency’s official website or a private
   71  website that is accessible via the Internet. Notices published
   72  on websites must be in a searchable form.
   73         (2)A government agency may use its website to publish
   74  legally required advertisements and public notices.
   75         (3)A government agency shall provide notice to its
   76  residents at least once per year in a newspaper of general
   77  circulation, a newsletter or periodical, or another publication
   78  that is mailed or delivered to all residents or property owners
   79  throughout such government agency’s jurisdiction, indicating
   80  that residents may receive legally required advertisements and
   81  public notices from the agency by first-class mail or e-mail
   82  upon registering their name and address or e-mail address with
   83  the agency. The government agency shall maintain a registry of
   84  names, addresses, and e-mail addresses of residents who request
   85  in writing to receive legally required advertisements and public
   86  notices from the agency by first-class mail or e-mail.
   87         (4)A link to advertisements and public notices published
   88  on a publicly accessible website shall be conspicuously placed
   89  on the website’s homepage or be accessible through a direct link
   90  from the homepage. Each advertisement shall indicate the date on
   91  which the advertisement was first published on the publicly
   92  accessible website. Notices published on websites must be in a
   93  searchable form.
   94         (5)A county government that has a governmental access
   95  channel authorized under s. 610.109 may also include on its
   96  governmental access channel a summary of all advertisements and
   97  public notices published on its website.
   98         Section 6. Section 50.041, Florida Statutes, is amended to
   99  read:
  100         50.041 Proof of publication; uniform affidavits required.—
  101         (1) All affidavits of publishers of newspapers (or their
  102  official representatives) made for the purpose of establishing
  103  proof of publication of public notices or legal advertisements
  104  shall be uniform throughout the state.
  105         (2) Each such affidavit shall be printed upon white paper
  106  and shall be 8 1/2 inches in width and of convenient length, not
  107  less than 5 1/2 inches. A white margin of not less than 2 1/2
  108  inches shall be left at the right side of each affidavit form
  109  and upon or in this space shall be substantially pasted a
  110  clipping which shall be a true copy of the public notice or
  111  legal advertisement for which proof is executed. Alternatively,
  112  the affidavit may be provided in electronic rather than paper
  113  form, provided the notarization of the affidavit complies with
  114  the requirements of s. 117.021.
  115         (3) In all counties having a population in excess of
  116  450,000 according to the latest official decennial census, in
  117  addition to the charges which are now or may hereafter be
  118  established by law for the publication of every official notice
  119  or legal advertisement, There may be a charge not to exceed $2
  120  levied for the preparation and execution of each such proof of
  121  publication or publisher’s affidavit.
  122         Section 7. Section 50.051, Florida Statutes, is amended to
  123  read:
  124         50.051 Proof of publication; form of uniform affidavit.—The
  125  printed form upon which all such affidavits establishing proof
  126  of publication are to be executed shall be substantially as
  127  follows:
  128  
  129                      NAME OF COUNTY NEWSPAPER                     
  130  
  131                     Published (Weekly or Daily)                   
  132  
  133                   (Town or City) (County) FLORIDA                 
  134  
  135  STATE OF FLORIDA
  136  
  137  COUNTY OF ....:
  138         Before the undersigned authority personally appeared ....,
  139  who on oath says that he or she is .... of the ...., a ....
  140  newspaper published at .... in .... County, Florida; that the
  141  attached copy of advertisement, being a .... in the matter of
  142  .... in the .... Court, was published on a website publishing
  143  such notices for that county on in said newspaper in the issues
  144  of .....
  145         Affiant further says that the said .... is a newspaper
  146  published at ...., in said .... County, Florida, and that the
  147  said newspaper has heretofore been continuously published in
  148  said .... County, Florida, each .... and has been entered as
  149  periodicals matter at the post office in ...., in said ....
  150  County, Florida, for a period of 1 year next preceding the first
  151  publication of the attached copy of advertisement; and affiant
  152  further says that he or she has neither paid nor promised any
  153  person, firm or corporation any discount, rebate, commission or
  154  refund for the purpose of securing this advertisement for
  155  publication in the said newspaper.
  156  
  157  Sworn to and subscribed before me this .... day of ....,
  158  ...(year)..., by ...., who is personally known to me or who has
  159  produced (type of identification) as identification.
  160  
  161  ...(Signature of Notary Public)...
  162  
  163  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  164  
  165  ...(Notary Public)...
  166         Section 8. Section 50.061, Florida Statutes, is repealed.
  167         Section 9. Section 50.0711, Florida Statutes, is amended to
  168  read:
  169         50.0711 Court docket fund; service charges; publications.—
  170         (1) The clerk of the court in each county may establish a
  171  court docket fund for the purpose of paying the cost of
  172  publication of the fact of the filing of any civil case in the
  173  circuit court of the county by the style and of the calendar
  174  relating to such cases. This court docket fund shall be funded
  175  by $1 mandatory court cost for all civil actions, suits, or
  176  proceedings filed in the circuit court of the county. The clerk
  177  shall maintain such funds separate and apart, and the proceeds
  178  from this court cost shall not be diverted to any other fund or
  179  for any purpose other than that established in this section. The
  180  clerk of the court shall dispense the fund to the designated
  181  record newspaper in the county on a quarterly basis.
  182         (2)A newspaper qualified under the terms of s. 50.011
  183  shall be designated as the record newspaper for such publication
  184  by an order of the majority of the judges in the judicial
  185  circuit in which such county is located, and such order shall be
  186  filed and recorded with the clerk of the circuit court for such
  187  county. The designated record newspaper may be changed at the
  188  end of any fiscal year of the county by a majority vote of the
  189  judges of the judicial circuit of the county ordering such
  190  change 30 days prior to the end of the fiscal year, notice of
  191  which order shall be given to the previously designated record
  192  newspaper.
  193         (2)(3) The website publisher publishers of any designated
  194  record newspapers receiving payment from this court docket fund
  195  shall publish, without additional charge, the fact of the filing
  196  of any civil case, suit, or action filed in such county in the
  197  circuit. Such publication shall be in accordance with a schedule
  198  agreed upon between the website publisher record newspaper and
  199  the clerk of the court in such county.
  200         (3)(4) The website publisher publishers of any designated
  201  record newspapers receiving revenues from the court docket fund
  202  established in subsection (1) shall, without charge, accept
  203  legal advertisements for the purpose of service of process by
  204  publication under s. 49.011(4), (10), and (11) when such
  205  publication is required of persons authorized to proceed as
  206  indigent persons under s. 57.081.
  207         Section 10. Section 11.02, Florida Statutes, is amended to
  208  read:
  209         11.02 Notice of special or local legislation or certain
  210  relief acts.—The notice required to obtain special or local
  211  legislation or any relief act specified in s. 11.065 shall be by
  212  publishing the identical notice in each county involved in some
  213  newspaper as provided defined in chapter 50 in published in or
  214  circulated throughout the county or counties where the matter or
  215  thing to be affected by such legislation shall be situated one
  216  time at least 30 days before introduction of the proposed law
  217  into the Legislature or, there being no newspaper circulated
  218  throughout or published in the county, by posting for at least
  219  30 days at not less than three public places in the county or
  220  each of the counties, one of which places shall be at the
  221  courthouse in the county or counties where the matter or thing
  222  to be affected by such legislation shall be situated. Notice of
  223  special or local legislation shall state the substance of the
  224  contemplated law, as required by s. 10, Art. III of the State
  225  Constitution. Notice of any relief act specified in s. 11.065
  226  shall state the name of the claimant, the nature of the injury
  227  or loss for which the claim is made, and the amount of the claim
  228  against the affected municipality’s revenue-sharing trust fund.
  229         Section 11. Subsection (2) of section 45.031, Florida
  230  Statutes, is amended to read:
  231         45.031 Judicial sales procedure.—In any sale of real or
  232  personal property under an order or judgment, the procedures
  233  provided in this section and ss. 45.0315-45.035 may be followed
  234  as an alternative to any other sale procedure if so ordered by
  235  the court.
  236         (2) PUBLICATION OF SALE.—Notice of sale shall be published
  237  once a week for at least 2 consecutive weeks before the sale in
  238  a newspaper of general circulation, as provided defined in
  239  chapter 50, published in the county where the sale is to be
  240  held. The second publication shall be at least 5 days before the
  241  sale. The notice shall contain:
  242         (a) A description of the property to be sold.
  243         (b) The time and place of sale.
  244         (c) A statement that the sale will be made pursuant to the
  245  order or final judgment.
  246         (d) The caption of the action.
  247         (e) The name of the clerk making the sale.
  248         (f) A statement that any person claiming an interest in the
  249  surplus from the sale, if any, other than the property owner as
  250  of the date of the lis pendens must file a claim within 60 days
  251  after the sale.
  252  
  253  The court, in its discretion, may enlarge the time of the sale.
  254  Notice of the changed time of sale shall be published as
  255  provided herein.
  256         Section 12. Subsection (9) of section 69.081, Florida
  257  Statutes, is amended to read:
  258         69.081 Sunshine in litigation; concealment of public
  259  hazards prohibited.—
  260         (9) A governmental entity, except a municipality or county,
  261  that settles a claim in tort which requires the expenditure of
  262  public funds in excess of $5,000, shall provide notice, in
  263  accordance with the provisions of chapter 50, of such
  264  settlement, in the county in which the claim arose, within 60
  265  days of entering into such settlement; provided that no notice
  266  shall be required if the settlement has been approved by a court
  267  of competent jurisdiction.
  268         Section 13. Subsection (2) of section 121.0511, Florida
  269  Statutes, is amended to read:
  270         121.0511 Revocation of election and alternative plan.—The
  271  governing body of any municipality or independent special
  272  district that has elected to participate in the Florida
  273  Retirement System may revoke its election in accordance with the
  274  following procedure:
  275         (2) At least 7 days, but not more than 15 days, before the
  276  hearing, notice of intent to revoke, specifying the time and
  277  place of the hearing, must be published in a newspaper of
  278  general circulation in the area affected, as provided by ss.
  279  50.011-50.031. Proof of publication of the notice must be
  280  submitted to the Department of Management Services.
  281         Section 14. Paragraphs (b) and (h) of subsection (1) of
  282  section 121.055, Florida Statutes, are amended to read:
  283         121.055 Senior Management Service Class.—There is hereby
  284  established a separate class of membership within the Florida
  285  Retirement System to be known as the “Senior Management Service
  286  Class,” which shall become effective February 1, 1987.
  287         (1)
  288         (b)1. Except as provided in subparagraph 2., effective
  289  January 1, 1990, participation in the Senior Management Service
  290  Class is compulsory for the president of each community college,
  291  the manager of each participating municipality or county, and
  292  all appointed district school superintendents. Effective January
  293  1, 1994, additional positions may be designated for inclusion in
  294  the Senior Management Service Class if:
  295         a. Positions to be included in the class are designated by
  296  the local agency employer. Notice of intent to designate
  297  positions for inclusion in the class must be published once a
  298  week for at least 2 consecutive weeks in a newspaper of general
  299  circulation published in the county or counties affected, as
  300  provided in chapter 50.
  301         b. Up to 10 nonelective full-time positions may be
  302  designated for each local agency employer reporting to the
  303  department; for local agencies with 100 or more regularly
  304  established positions, additional nonelective full-time
  305  positions may be designated, not to exceed 1 percent of the
  306  regularly established positions within the agency.
  307         c. Each position added to the class must be a managerial or
  308  policymaking position filled by an employee who is not subject
  309  to continuing contract and serves at the pleasure of the local
  310  agency employer without civil service protection, and who:
  311         (I) Heads an organizational unit; or
  312         (II) Has responsibility to effect or recommend personnel,
  313  budget, expenditure, or policy decisions in his or her areas of
  314  responsibility.
  315         2. In lieu of participation in the Senior Management
  316  Service Class, members of the Senior Management Service Class,
  317  pursuant to subparagraph 1., may withdraw from the Florida
  318  Retirement System altogether. The decision to withdraw from the
  319  system is irrevocable as long as the employee holds the
  320  position. Any service creditable under the Senior Management
  321  Service Class shall be retained after the member withdraws from
  322  the system; however, additional service credit in the Senior
  323  Management Service Class may not be earned after such
  324  withdrawal. Such members are not eligible to participate in the
  325  Senior Management Service Optional Annuity Program.
  326         3. Effective January 1, 2006, through June 30, 2006, an
  327  employee who has withdrawn from the Florida Retirement System
  328  under subparagraph 2. has one opportunity to elect to
  329  participate in the pension plan or the investment plan.
  330         a. If the employee elects to participate in the investment
  331  plan, membership shall be prospective, and the applicable
  332  provisions of s. 121.4501(4) govern the election.
  333         b. If the employee elects to participate in the pension
  334  plan, the employee shall, upon payment to the system trust fund
  335  of the amount calculated under sub-sub-subparagraph (I), receive
  336  service credit for prior service based upon the time during
  337  which the employee had withdrawn from the system.
  338         (I) The cost for such credit shall be an amount
  339  representing the actuarial accrued liability for the affected
  340  period of service. The cost shall be calculated using the
  341  discount rate and other relevant actuarial assumptions that were
  342  used to value the pension plan liabilities in the most recent
  343  actuarial valuation. The calculation must include any service
  344  already maintained under the pension plan in addition to the
  345  period of withdrawal. The actuarial accrued liability
  346  attributable to any service already maintained under the pension
  347  plan shall be applied as a credit to the total cost resulting
  348  from the calculation. The division must ensure that the transfer
  349  sum is prepared using a formula and methodology certified by an
  350  actuary.
  351         (II) The employee must transfer a sum representing the net
  352  cost owed for the actuarial accrued liability in sub-sub
  353  subparagraph (I) immediately following the time of such
  354  movement, determined assuming that attained service equals the
  355  sum of service in the pension plan and the period of withdrawal.
  356         (h)1. Except as provided in subparagraph 3., effective
  357  January 1, 1994, participation in the Senior Management Service
  358  Class shall be compulsory for the State Courts Administrator and
  359  the Deputy State Courts Administrators, the Clerk of the Supreme
  360  Court, the Marshal of the Supreme Court, the Executive Director
  361  of the Justice Administrative Commission, the capital collateral
  362  regional counsel, the clerks of the district courts of appeals,
  363  the marshals of the district courts of appeals, and the trial
  364  court administrator and the Chief Deputy Court Administrator in
  365  each judicial circuit. Effective January 1, 1994, additional
  366  positions in the offices of the state attorney and public
  367  defender in each judicial circuit may be designated for
  368  inclusion in the Senior Management Service Class of the Florida
  369  Retirement System, provided that:
  370         a. Positions to be included in the class shall be
  371  designated by the state attorney or public defender, as
  372  appropriate. Notice of intent to designate positions for
  373  inclusion in the class shall be published once a week for at
  374  least 2 consecutive weeks in a newspaper of general circulation
  375  published in the county or counties affected, as provided in
  376  chapter 50.
  377         b. One nonelective full-time position may be designated for
  378  each state attorney and public defender reporting to the
  379  Department of Management Services; for agencies with 200 or more
  380  regularly established positions under the state attorney or
  381  public defender, additional nonelective full-time positions may
  382  be designated, not to exceed 0.5 percent of the regularly
  383  established positions within the agency.
  384         c. Each position added to the class must be a managerial or
  385  policymaking position filled by an employee who serves at the
  386  pleasure of the state attorney or public defender without civil
  387  service protection, and who:
  388         (I) Heads an organizational unit; or
  389         (II) Has responsibility to effect or recommend personnel,
  390  budget, expenditure, or policy decisions in his or her areas of
  391  responsibility.
  392         2. Participation in this class shall be compulsory, except
  393  as provided in subparagraph 3., for any judicial employee who
  394  holds a position designated for coverage in the Senior
  395  Management Service Class, and such participation shall continue
  396  until the employee terminates employment in a covered position.
  397  Effective January 1, 2001, participation in this class is
  398  compulsory for assistant state attorneys, assistant statewide
  399  prosecutors, assistant public defenders, and assistant capital
  400  collateral regional counsel. Effective January 1, 2002,
  401  participation in this class is compulsory for assistant
  402  attorneys general.
  403         3. In lieu of participation in the Senior Management
  404  Service Class, such members, excluding assistant state
  405  attorneys, assistant public defenders, assistant statewide
  406  prosecutors, assistant attorneys general, and assistant capital
  407  collateral regional counsel, may participate in the Senior
  408  Management Service Optional Annuity Program as established in
  409  subsection (6).
  410         Section 15. Paragraph (a) of subsection (2) and paragraph
  411  (b) of subsection (4) of section 125.66, Florida Statutes, are
  412  amended to read:
  413         125.66 Ordinances; enactment procedure; emergency
  414  ordinances; rezoning or change of land use ordinances or
  415  resolutions.—
  416         (2)(a) The regular enactment procedure shall be as follows:
  417  The board of county commissioners at any regular or special
  418  meeting may enact or amend any ordinance, except as provided in
  419  subsection (4), if notice of intent to consider such ordinance
  420  is given at least 10 days prior to said meeting by publication
  421  in a newspaper of general circulation in the county. A copy of
  422  such notice shall be kept available for public inspection during
  423  the regular business hours of the office of the clerk of the
  424  board of county commissioners. The notice of proposed enactment
  425  shall state the date, time, and place of the meeting; the title
  426  or titles of proposed ordinances; and the place or places within
  427  the county where such proposed ordinances may be inspected by
  428  the public. The notice shall also advise that interested parties
  429  may appear at the meeting and be heard with respect to the
  430  proposed ordinance.
  431         (4) Ordinances or resolutions, initiated by other than the
  432  county, that change the actual zoning map designation of a
  433  parcel or parcels of land shall be enacted pursuant to
  434  subsection (2). Ordinances or resolutions that change the actual
  435  list of permitted, conditional, or prohibited uses within a
  436  zoning category, or ordinances or resolutions initiated by the
  437  county that change the actual zoning map designation of a parcel
  438  or parcels of land shall be enacted pursuant to the following
  439  procedure:
  440         (b) In cases in which the proposed ordinance or resolution
  441  changes the actual list of permitted, conditional, or prohibited
  442  uses within a zoning category, or changes the actual zoning map
  443  designation of a parcel or parcels of land involving 10
  444  contiguous acres or more, the board of county commissioners
  445  shall provide for public notice and hearings as follows:
  446         1. The board of county commissioners shall hold two
  447  advertised public hearings on the proposed ordinance or
  448  resolution. At least one hearing shall be held after 5 p.m. on a
  449  weekday, unless the board of county commissioners, by a majority
  450  plus one vote, elects to conduct that hearing at another time of
  451  day. The first public hearing shall be held at least 7 days
  452  after the day that the first advertisement is published. The
  453  second hearing shall be held at least 10 days after the first
  454  hearing and shall be advertised at least 5 days before prior to
  455  the public hearing.
  456         2. The required advertisements shall be no less than 2
  457  columns wide by 10 inches long in a standard size or a tabloid
  458  size newspaper, and the headline in the advertisement shall be
  459  in a type no smaller than 18 point. The advertisement shall not
  460  be placed in that portion of the newspaper where legal notices
  461  and classified advertisements appear. The advertisement shall be
  462  placed in a newspaper of general paid circulation in the county
  463  and of general interest and readership in the community pursuant
  464  to chapter 50, not one of limited subject matter. It is the
  465  legislative intent that, whenever possible, the advertisement
  466  shall appear in a newspaper that is published at least 5 days a
  467  week unless the only newspaper in the community is published
  468  less than 5 days a week. The advertisement shall be in
  469  substantially the following form:
  470  
  471                     NOTICE OF (TYPE OF) CHANGE                    
  472  
  473         The ...(name of local governmental unit)... proposes to
  474  adopt the following by ordinance or resolution:...(title of
  475  ordinance or resolution)....
  476         A public hearing on the ordinance or resolution will be
  477  held on ...(date and time)... at ...(meeting place)....
  478  
  479  Except for amendments which change the actual list of permitted,
  480  conditional, or prohibited uses within a zoning category, the
  481  advertisement shall contain a geographic location map which
  482  clearly indicates the area within the local government covered
  483  by the proposed ordinance or resolution. The map shall include
  484  major street names as a means of identification of the general
  485  area. In addition to being published in the newspaper, The map
  486  must be part of the online notice required pursuant to s.
  487  50.0311 s. 50.0211.
  488         3. In lieu of publishing the advertisements set out in this
  489  paragraph, the board of county commissioners may mail a notice
  490  to each person owning real property within the area covered by
  491  the ordinance or resolution. Such notice shall clearly explain
  492  the proposed ordinance or resolution and shall notify the person
  493  of the time, place, and location of both public hearings on the
  494  proposed ordinance or resolution.
  495         Section 16. Paragraph (a) of subsection (2) of section
  496  162.12, Florida Statutes, is amended to read:
  497         162.12 Notices.—
  498         (2) In addition to providing notice as set forth in
  499  subsection (1), at the option of the code enforcement board or
  500  the local government, notice may be served by publication or
  501  posting, as follows:
  502         (a)1. Such notice shall be published once during each week
  503  for 4 consecutive weeks (four publications being sufficient) in
  504  a newspaper of general circulation in the county where the code
  505  enforcement board is located. The newspaper shall meet such
  506  requirements as provided in are prescribed under chapter 50 for
  507  legal and official advertisements.
  508         2. Proof of publication shall be made as provided in ss.
  509  50.041 and 50.051.
  510         Section 17. Paragraph (c) of subsection (3) of section
  511  166.041, Florida Statutes, is amended to read:
  512         166.041 Procedures for adoption of ordinances and
  513  resolutions.—
  514         (3)
  515         (c) Ordinances initiated by other than the municipality
  516  that change the actual zoning map designation of a parcel or
  517  parcels of land shall be enacted pursuant to paragraph (a).
  518  Ordinances that change the actual list of permitted,
  519  conditional, or prohibited uses within a zoning category, or
  520  ordinances initiated by the municipality that change the actual
  521  zoning map designation of a parcel or parcels of land shall be
  522  enacted pursuant to the following procedure:
  523         1. In cases in which the proposed ordinance changes the
  524  actual zoning map designation for a parcel or parcels of land
  525  involving less than 10 contiguous acres, the governing body
  526  shall direct the clerk of the governing body to notify by mail
  527  each real property owner whose land the municipality will
  528  redesignate by enactment of the ordinance and whose address is
  529  known by reference to the latest ad valorem tax records. The
  530  notice shall state the substance of the proposed ordinance as it
  531  affects that property owner and shall set a time and place for
  532  one or more public hearings on such ordinance. Such notice shall
  533  be given at least 30 days before prior to the date set for the
  534  public hearing, and a copy of the notice shall be kept available
  535  for public inspection during the regular business hours of the
  536  office of the clerk of the governing body. The governing body
  537  shall hold a public hearing on the proposed ordinance and may,
  538  upon the conclusion of the hearing, immediately adopt the
  539  ordinance.
  540         2. In cases in which the proposed ordinance changes the
  541  actual list of permitted, conditional, or prohibited uses within
  542  a zoning category, or changes the actual zoning map designation
  543  of a parcel or parcels of land involving 10 contiguous acres or
  544  more, the governing body shall provide for public notice and
  545  hearings as follows:
  546         a. The local governing body shall hold two advertised
  547  public hearings on the proposed ordinance. At least one hearing
  548  shall be held after 5 p.m. on a weekday, unless the local
  549  governing body, by a majority plus one vote, elects to conduct
  550  that hearing at another time of day. The first public hearing
  551  shall be held at least 7 days after the day that the first
  552  advertisement is published. The second hearing shall be held at
  553  least 10 days after the first hearing and shall be advertised at
  554  least 5 days before prior to the public hearing.
  555         b. The required advertisements shall be no less than 2
  556  columns wide by 10 inches long in a standard size or a tabloid
  557  size newspaper, and the headline in the advertisement shall be
  558  in a type no smaller than 18 point. The advertisement shall not
  559  be placed in that portion of the newspaper where legal notices
  560  and classified advertisements appear. The advertisement shall be
  561  placed in a newspaper of general paid circulation in the
  562  municipality and of general interest and readership in the
  563  municipality, not one of limited subject matter, pursuant to
  564  chapter 50. It is the legislative intent that, whenever
  565  possible, the advertisement appear in a newspaper that is
  566  published at least 5 days a week unless the only newspaper in
  567  the municipality is published less than 5 days a week. The
  568  advertisement shall be in substantially the following form:
  569  
  570                     NOTICE OF (TYPE OF) CHANGE                    
  571  
  572         The ...(name of local governmental unit)... proposes to
  573  adopt the following ordinance:...(title of the ordinance)....
  574         A public hearing on the ordinance will be held on ...(date
  575  and time)... at ...(meeting place)....
  576  
  577  Except for amendments which change the actual list of permitted,
  578  conditional, or prohibited uses within a zoning category, the
  579  advertisement shall contain a geographic location map which
  580  clearly indicates the area covered by the proposed ordinance.
  581  The map shall include major street names as a means of
  582  identification of the general area. In addition to being
  583  published in the newspaper, The map must be part of the online
  584  notice required pursuant to s. 50.0311 s. 50.0211.
  585         c. In lieu of publishing the advertisement set out in this
  586  paragraph, the municipality may mail a notice to each person
  587  owning real property within the area covered by the ordinance.
  588  Such notice shall clearly explain the proposed ordinance and
  589  shall notify the person of the time, place, and location of any
  590  public hearing on the proposed ordinance.
  591         Section 18. Subsection (1) of section 189.015, Florida
  592  Statutes, is amended to read:
  593         189.015 Meetings; notice; required reports.—
  594         (1) The governing body of each special district shall file
  595  quarterly, semiannually, or annually a schedule of its regular
  596  meetings with the local governing authority or authorities. The
  597  schedule shall include the date, time, and location of each
  598  scheduled meeting. The schedule shall be published quarterly,
  599  semiannually, or annually in a newspaper of general paid
  600  circulation in the manner required in this subsection. The
  601  governing body of an independent special district shall
  602  advertise the day, time, place, and purpose of any meeting other
  603  than a regular meeting or any recessed and reconvened meeting of
  604  the governing body, at least 7 days before such meeting, in a
  605  newspaper of general paid circulation in the county or counties
  606  in which the special district is located, unless a bona fide
  607  emergency situation exists, in which case a meeting to deal with
  608  the emergency may be held as necessary, with reasonable notice,
  609  so long as it is subsequently ratified by the governing body. No
  610  approval of the annual budget shall be granted at an emergency
  611  meeting. The notice shall be posted as provided in advertisement
  612  shall be placed in that portion of the newspaper where legal
  613  notices and classified advertisements appear. The advertisement
  614  shall appear in a newspaper that is published at least 5 days a
  615  week, unless the only newspaper in the county is published fewer
  616  than 5 days a week. The newspaper selected must be one of
  617  general interest and readership in the community and not one of
  618  limited subject matter, pursuant to chapter 50. Any other
  619  provision of law to the contrary notwithstanding, and except in
  620  the case of emergency meetings, water management districts may
  621  provide reasonable notice of public meetings held to evaluate
  622  responses to solicitations issued by the water management
  623  district, by publication as provided in chapter 50 in a
  624  newspaper of general paid circulation in the county where the
  625  principal office of the water management district is located, or
  626  in the county or counties where the public work will be
  627  performed, no less than 7 days before such meeting.
  628         Section 19. Paragraph (d) of subsection (1) of section
  629  190.005, Florida Statutes, is amended to read:
  630         190.005 Establishment of district.—
  631         (1) The exclusive and uniform method for the establishment
  632  of a community development district with a size of 2,500 acres
  633  or more shall be pursuant to a rule, adopted under chapter 120
  634  by the Florida Land and Water Adjudicatory Commission, granting
  635  a petition for the establishment of a community development
  636  district.
  637         (d) A local public hearing on the petition shall be
  638  conducted by a hearing officer in conformance with the
  639  applicable requirements and procedures of the Administrative
  640  Procedure Act. The hearing shall include oral and written
  641  comments on the petition pertinent to the factors specified in
  642  paragraph (e). The hearing shall be held at an accessible
  643  location in the county in which the community development
  644  district is to be located. The petitioner shall cause a notice
  645  of the hearing to be published in a newspaper at least once a
  646  week for the 4 successive weeks immediately before prior to the
  647  hearing. Such notice shall give the time and place for the
  648  hearing, a description of the area to be included in the
  649  district, which description shall include a map showing clearly
  650  the area to be covered by the district, and any other relevant
  651  information which the establishing governing bodies may require.
  652  The advertisement shall not be placed in that portion of the
  653  newspaper where legal notices and classified advertisements
  654  appear. The advertisement shall be published in a newspaper of
  655  general paid circulation in the county and of general interest
  656  and readership in the community, not one of limited subject
  657  matter, pursuant to chapter 50. Whenever possible, the
  658  advertisement shall appear in a newspaper that is published at
  659  least 5 days a week, unless the only newspaper in the community
  660  is published fewer than 5 days a week. In addition to being
  661  published in the newspaper, The map referenced above must be
  662  part of the online advertisement required pursuant to s. 50.0311
  663  s. 50.0211. All affected units of general-purpose local
  664  government and the general public shall be given an opportunity
  665  to appear at the hearing and present oral or written comments on
  666  the petition.
  667         Section 20. Subsection (1) of section 194.037, Florida
  668  Statutes, is amended to read:
  669         194.037 Disclosure of tax impact.—
  670         (1) After hearing all petitions, complaints, appeals, and
  671  disputes, the clerk shall make public notice of the findings and
  672  results of the board as provided in in at least a quarter-page
  673  size advertisement of a standard size or tabloid size newspaper,
  674  and the headline shall be in a type no smaller than 18 point.
  675  The advertisement shall not be placed in that portion of the
  676  newspaper where legal notices and classified advertisements
  677  appear. The advertisement shall be published in a newspaper of
  678  general paid circulation in the county. The newspaper selected
  679  shall be one of general interest and readership in the
  680  community, and not one of limited subject matter, pursuant to
  681  chapter 50. The headline shall read: TAX IMPACT OF VALUE
  682  ADJUSTMENT BOARD. The public notice shall list the members of
  683  the value adjustment board and the taxing authorities to which
  684  they are elected. The form shall show, in columnar form, for
  685  each of the property classes listed under subsection (2), the
  686  following information, with appropriate column totals:
  687         (a) In the first column, the number of parcels for which
  688  the board granted exemptions that had been denied or that had
  689  not been acted upon by the property appraiser.
  690         (b) In the second column, the number of parcels for which
  691  petitions were filed concerning a property tax exemption.
  692         (c) In the third column, the number of parcels for which
  693  the board considered the petition and reduced the assessment
  694  from that made by the property appraiser on the initial
  695  assessment roll.
  696         (d) In the fourth column, the number of parcels for which
  697  petitions were filed but not considered by the board because
  698  such petitions were withdrawn or settled before prior to the
  699  board’s consideration.
  700         (e) In the fifth column, the number of parcels for which
  701  petitions were filed requesting a change in assessed value,
  702  including requested changes in assessment classification.
  703         (f) In the sixth column, the net change in taxable value
  704  from the assessor’s initial roll which results from board
  705  decisions.
  706         (g) In the seventh column, the net shift in taxes to
  707  parcels not granted relief by the board. The shift shall be
  708  computed as the amount shown in column 6 multiplied by the
  709  applicable millage rates adopted by the taxing authorities in
  710  hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
  711  the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  712  Constitution, but without adjustment as authorized pursuant to
  713  s. 200.065(6). If for any taxing authority the hearing has not
  714  been completed at the time the notice required herein is
  715  prepared, the millage rate used shall be that adopted in the
  716  hearing held pursuant to s. 200.065(2)(c).
  717         Section 21. Subsection (1) of section 197.402, Florida
  718  Statutes, is amended to read:
  719         197.402 Advertisement of real or personal property with
  720  delinquent taxes.—
  721         (1) If advertisements are required, the board of county
  722  commissioners shall make such notice select the newspaper as
  723  provided in chapter 50. The tax collector shall pay all
  724  newspaper charges, and the proportionate cost of the
  725  advertisements shall be added to the delinquent taxes collected.
  726         Section 22. Subsection (3) of section 200.065, Florida
  727  Statutes, is amended to read:
  728         200.065 Method of fixing millage.—
  729         (3) The advertisement shall be published no less than one
  730  quarter page in size of a standard size or a tabloid size
  731  newspaper, and the headline in the advertisement shall be in a
  732  type no smaller than 18 point. The advertisement shall not be
  733  placed in that portion of the newspaper where legal notices and
  734  classified advertisements appear. The advertisement shall be
  735  published in a newspaper of general paid circulation in the
  736  county or in a geographically limited insert of such newspaper.
  737  The geographic boundaries in which such insert is circulated
  738  shall include the geographic boundaries of the taxing authority.
  739  It is the legislative intent that, whenever possible, the
  740  advertisement appear in a newspaper that is published at least 5
  741  days a week unless the only newspaper in the county is published
  742  less than 5 days a week, or that the advertisement appear in a
  743  geographically limited insert of such newspaper which insert is
  744  published throughout the taxing authority’s jurisdiction at
  745  least twice each week. It is further the legislative intent that
  746  the newspaper selected be one of general interest and readership
  747  in the community and not one of limited subject matter, pursuant
  748  to chapter 50.
  749         (a) For taxing authorities other than school districts
  750  which have tentatively adopted a millage rate in excess of 100
  751  percent of the rolled-back rate computed pursuant to subsection
  752  (1), the advertisement shall be in the following form:
  753  
  754                   NOTICE OF PROPOSED TAX INCREASE                 
  755  
  756         The ...(name of the taxing authority)... has tentatively
  757  adopted a measure to increase its property tax levy.
  758  Last year’s property tax levy:
  759         A. Initially proposed tax levy................$XX,XXX,XXX
  760         B. Less tax reductions due to Value Adjustment Board and
  761  other assessment changes...........................($XX,XXX,XXX)
  762         C. Actual property tax levy...................$XX,XXX,XXX
  763  This year’s proposed tax levy........................$XX,XXX,XXX
  764         All concerned citizens are invited to attend a public
  765  hearing on the tax increase to be held on ...(date and time)...
  766  at ...(meeting place)....
  767         A FINAL DECISION on the proposed tax increase and the
  768  budget will be made at this hearing.
  769  
  770         (b) In all instances in which the provisions of paragraph
  771  (a) are inapplicable for taxing authorities other than school
  772  districts, the advertisement shall be in the following form:
  773  
  774                      NOTICE OF BUDGET HEARING                     
  775  
  776         The ...(name of taxing authority)... has tentatively
  777  adopted a budget for ...(fiscal year).... A public hearing to
  778  make a FINAL DECISION on the budget AND TAXES will be held on
  779  ...(date and time)... at ...(meeting place)....
  780  
  781         (c) For school districts which have proposed a millage rate
  782  in excess of 100 percent of the rolled-back rate computed
  783  pursuant to subsection (1) and which propose to levy nonvoted
  784  millage in excess of the minimum amount required pursuant to s.
  785  1011.60(6), the advertisement shall be in the following form:
  786  
  787                   NOTICE OF PROPOSED TAX INCREASE                 
  788  
  789         The ...(name of school district)... will soon consider a
  790  measure to increase its property tax levy.
  791  Last year’s property tax levy:
  792         A. Initially proposed tax levy................$XX,XXX,XXX
  793         B. Less tax reductions due to Value Adjustment Board and
  794  other assessment changes...........................($XX,XXX,XXX)
  795         C. Actual property tax levy...................$XX,XXX,XXX
  796  This year’s proposed tax levy........................$XX,XXX,XXX
  797         A portion of the tax levy is required under state law in
  798  order for the school board to receive $...(amount A)... in state
  799  education grants. The required portion has ...(increased or
  800  decreased)... by ...(amount B)... percent and represents
  801  approximately ...(amount C)... of the total proposed taxes.
  802         The remainder of the taxes is proposed solely at the
  803  discretion of the school board.
  804         All concerned citizens are invited to a public hearing on
  805  the tax increase to be held on ...(date and time)... at
  806  ...(meeting place)....
  807         A DECISION on the proposed tax increase and the budget will
  808  be made at this hearing.
  809         1. AMOUNT A shall be an estimate, provided by the
  810  Department of Education, of the amount to be received in the
  811  current fiscal year by the district from state appropriations
  812  for the Florida Education Finance Program.
  813  
  814         2. AMOUNT B shall be the percent increase over the rolled
  815  back rate necessary to levy only the required local effort in
  816  the current fiscal year, computed as though in the preceding
  817  fiscal year only the required local effort was levied.
  818         3. AMOUNT C shall be the quotient of required local-effort
  819  millage divided by the total proposed nonvoted millage, rounded
  820  to the nearest tenth and stated in words; however, the stated
  821  amount shall not exceed nine-tenths.
  822  
  823         (d) For school districts which have proposed a millage rate
  824  in excess of 100 percent of the rolled-back rate computed
  825  pursuant to subsection (1) and which propose to levy as nonvoted
  826  millage only the minimum amount required pursuant to s.
  827  1011.60(6), the advertisement shall be the same as provided in
  828  paragraph (c), except that the second and third paragraphs shall
  829  be replaced with the following paragraph:
  830  
  831         This increase is required under state law in order for the
  832  school board to receive $...(amount A)... in state education
  833  grants.
  834  
  835         (e) In all instances in which the provisions of paragraphs
  836  (c) and (d) are inapplicable for school districts, the
  837  advertisement shall be in the following form:
  838  
  839                      NOTICE OF BUDGET HEARING                     
  840  
  841         The ...(name of school district)... will soon consider a
  842  budget for ...(fiscal year).... A public hearing to make a
  843  DECISION on the budget AND TAXES will be held on ...(date and
  844  time)... at ...(meeting place)....
  845  
  846         (f) In lieu of publishing the notice set out in this
  847  subsection, the taxing authority may mail a copy of the notice
  848  to each elector residing within the jurisdiction of the taxing
  849  authority.
  850         (g) In the event that the mailing of the notice of proposed
  851  property taxes is delayed beyond September 3 in a county, any
  852  multicounty taxing authority which levies ad valorem taxes
  853  within that county shall advertise its intention to adopt a
  854  tentative budget and millage rate in a newspaper of paid general
  855  circulation within that county, as provided in this subsection,
  856  and shall hold the hearing required pursuant to paragraph (2)(c)
  857  not less than 2 days or more than 5 days thereafter, and not
  858  later than September 18. The advertisement shall be in the
  859  following form, unless the proposed millage rate is less than or
  860  equal to the rolled-back rate, computed pursuant to subsection
  861  (1), in which case the advertisement shall be as provided in
  862  paragraph (e):
  863  
  864                       NOTICE OF TAX INCREASE                      
  865  
  866         The ...(name of the taxing authority)... proposes to
  867  increase its property tax levy by ...(percentage of increase
  868  over rolled-back rate)... percent.
  869         All concerned citizens are invited to attend a public
  870  hearing on the proposed tax increase to be held on ...(date and
  871  time)... at ...(meeting place)....
  872  
  873         (h) In no event shall any taxing authority add to or delete
  874  from the language of the advertisements as specified herein
  875  unless expressly authorized by law, except that, if an increase
  876  in ad valorem tax rates will affect only a portion of the
  877  jurisdiction of a taxing authority, advertisements may include a
  878  map or geographical description of the area to be affected and
  879  the proposed use of the tax revenues under consideration. In
  880  addition, if published in the newspaper, the map must be part of
  881  the online advertisement required by s. 50.0211. The
  882  advertisements required herein shall not be accompanied,
  883  preceded, or followed by other advertising or notices which
  884  conflict with or modify the substantive content prescribed
  885  herein.
  886         (i) The advertisements required pursuant to paragraphs (b)
  887  and (e) need not be one-quarter page in size or have a headline
  888  in type no smaller than 18 point.
  889         (j) The amounts to be published as percentages of increase
  890  over the rolled-back rate pursuant to this subsection shall be
  891  based on aggregate millage rates and shall exclude voted millage
  892  levies unless expressly provided otherwise in this subsection.
  893         (k) Any taxing authority which will levy an ad valorem tax
  894  for an upcoming budget year but does not levy an ad valorem tax
  895  currently shall, in the advertisement specified in paragraph
  896  (a), paragraph (c), paragraph (d), or paragraph (g), replace the
  897  phrase “increase its property tax levy by ...(percentage of
  898  increase over rolled-back rate)... percent” with the phrase
  899  “impose a new property tax levy of $...(amount)... per $1,000
  900  value.”
  901         (l) Any advertisement required pursuant to this section
  902  shall be accompanied by an adjacent notice meeting the budget
  903  summary requirements of s. 129.03(3)(b). Except for those taxing
  904  authorities proposing to levy ad valorem taxes for the first
  905  time, the following statement shall appear in the budget summary
  906  in boldfaced type immediately following the heading, if the
  907  applicable percentage is greater than zero:
  908  
  909         THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of
  910  taxing authority)... ARE ...(percent rounded to one decimal
  911  place)... MORE THAN LAST YEAR’S TOTAL OPERATING EXPENDITURES.
  912  
  913  For purposes of this paragraph, “proposed operating budget
  914  expenditures” or “operating expenditures” means all moneys of
  915  the local government, including dependent special districts,
  916  that:
  917         1. Were or could be expended during the applicable fiscal
  918  year, or
  919         2. Were or could be retained as a balance for future
  920  spending in the fiscal year.
  921  
  922         Provided, however, those moneys held in or used in trust,
  923  agency, or internal service funds, and expenditures of bond
  924  proceeds for capital outlay or for advanced refunded debt
  925  principal, shall be excluded.
  926         Section 23. Paragraph (b) of subsection (2) of section
  927  316.066, Florida Statutes, is amended to read:
  928         316.066 Written reports of crashes.—
  929         (2)
  930         (b) Crash reports held by an agency under paragraph (a) may
  931  be made immediately available to the parties involved in the
  932  crash, their legal representatives, their licensed insurance
  933  agents, their insurers or insurers to which they have applied
  934  for coverage, persons under contract with such insurers to
  935  provide claims or underwriting information, prosecutorial
  936  authorities, law enforcement agencies, the Department of
  937  Transportation, county traffic operations, victim services
  938  programs, radio and television stations licensed by the Federal
  939  Communications Commission, newspapers qualified to publish legal
  940  notices under ss. 50.011 and 50.031, and, in accordance with
  941  paragraph (f), free newspapers of general circulation, published
  942  once a week or more often, of which at least 7,500 copies are
  943  distributed by mail or by carrier as verified by a postal
  944  statement or by a notarized printer’s statement of press run,
  945  which are intended to be generally distributed and circulated,
  946  and which contain news of general interest with at least 10
  947  pages per publication, available and of interest to the public
  948  generally for the dissemination of news. For the purposes of
  949  this section, the following products or publications are not
  950  newspapers as referred to in this section: those intended
  951  primarily for members of a particular profession or occupational
  952  group; those with the primary purpose of distributing
  953  advertising; and those with the primary purpose of publishing
  954  names and other personal identifying information concerning
  955  parties to motor vehicle crashes.
  956         Section 24. Paragraph (c) of subsection (1) of section
  957  338.223, Florida Statutes, is amended to read:
  958         338.223 Proposed turnpike projects.—
  959         (1)
  960         (c) Before Prior to requesting legislative approval of a
  961  proposed turnpike project, the environmental feasibility of the
  962  proposed project shall be reviewed by the Department of
  963  Environmental Protection. The department shall submit its
  964  Project Development and Environmental Report to the Department
  965  of Environmental Protection, along with a draft copy of a public
  966  notice. Within 14 days of receipt of the draft public notice,
  967  the Department of Environmental Protection shall return the
  968  draft public notice to the Department of Transportation with an
  969  approval of the language or modifications to the language. Upon
  970  receipt of the approved or modified draft, or if no comments are
  971  provided within 14 days, the Department of Transportation shall
  972  publish the notice in a newspaper to provide a 30-day public
  973  comment period. The headline of the required notice shall be in
  974  a type no smaller than 18 point. The notice shall be placed in
  975  that portion of the newspaper where legal notices appear. The
  976  notice shall be published in a newspaper of general circulation
  977  in the county or counties of general interest and readership in
  978  the community as provided in s. 50.0311 s. 50.031, not one of
  979  limited subject matter. Whenever possible, the notice shall
  980  appear in a newspaper that is published at least 5 days a week.
  981  The notice shall include, but is not limited to, the following
  982  information:
  983         1. The purpose of the notice is to provide for a 30-day
  984  period for written public comments on the environmental impacts
  985  of a proposed turnpike project.
  986         2. The name and description of the project, along with a
  987  geographic location map clearly indicating the area where the
  988  proposed project will be located.
  989         3. The address where such comments must be sent and the
  990  date such comments are due.
  991  
  992  After a review of the department’s report and any public
  993  comments, the Department of Environmental Protection shall
  994  submit a statement of environmental feasibility to the
  995  department within 30 days after the date on which public
  996  comments are due. The notice and the statement of environmental
  997  feasibility shall not give rise to any rights to a hearing or
  998  other rights or remedies provided pursuant to chapter 120 or
  999  chapter 403, and shall not bind the Department of Environmental
 1000  Protection in any subsequent environmental permit review.
 1001         Section 25. Section 373.0397, Florida Statutes, is amended
 1002  to read:
 1003         373.0397 Floridan and Biscayne aquifers; designation of
 1004  prime groundwater recharge areas.—Upon preparation of an
 1005  inventory of prime groundwater recharge areas for the Floridan
 1006  or Biscayne aquifers, but before prior to adoption by the
 1007  governing board, the water management district shall publish a
 1008  legal notice of public hearing on the designated areas for the
 1009  Floridan and Biscayne aquifers, with a map delineating the
 1010  boundaries of the areas, as provided in newspapers defined in
 1011  chapter 50, in each county as having general circulation within
 1012  the area to be affected. The notice shall be at least one-fourth
 1013  page and shall read as follows:
 1014  
 1015                      NOTICE OF PRIME RECHARGE                     
 1016                          AREA DESIGNATION                         
 1017  
 1018         The ...(name of taxing authority)... proposes to designate
 1019  specific land areas as areas of prime recharge to the ...(name
 1020  of aquifer)... Aquifer.
 1021         All concerned citizens are invited to attend a public
 1022  hearing on the proposed designation to be held on ...(date and
 1023  time)... at ...(meeting place)....
 1024         A map of the affected areas follows.
 1025  
 1026  The governing board of the water management district shall adopt
 1027  a designation of prime groundwater recharge areas to the
 1028  Floridan and Biscayne aquifers by rule within 120 days after the
 1029  public hearing, subject to the provisions of chapter 120.
 1030         Section 26. Section 373.146, Florida Statutes, is amended
 1031  to read:
 1032         373.146 Publication of notices, process, and papers.—
 1033         (1) Whenever in this chapter the publication of any notice,
 1034  process, or paper is required or provided for, unless otherwise
 1035  provided by law, the publication thereof in some newspaper or
 1036  newspapers as provided defined in chapter 50 in each county
 1037  having general circulation within the area to be affected shall
 1038  be taken and considered as being sufficient.
 1039         (2) Notwithstanding any other provision of law to the
 1040  contrary, and except in the case of emergency meetings, water
 1041  management districts may provide reasonable notice of public
 1042  meetings held to evaluate responses to solicitations issued by
 1043  the water management district, by publication as provided in
 1044  chapter 50 in a newspaper of general paid circulation in the
 1045  county where the principal office of the water management
 1046  district is located, or in the county or counties where the
 1047  public work will be performed, no less than 7 days before such
 1048  meeting.
 1049         Section 27. Subsection (12) of section 403.722, Florida
 1050  Statutes, is amended to read:
 1051         403.722 Permits; hazardous waste disposal, storage, and
 1052  treatment facilities.—
 1053         (12) On the same day of filing with the department of an
 1054  application for a permit for the construction modification, or
 1055  operation of a hazardous waste facility, the applicant shall
 1056  notify each city and county within 1 mile of the facility of the
 1057  filing of the application and shall publish notice of the filing
 1058  of the application. The applicant shall publish a second notice
 1059  of the filing within 14 days after the date of filing. Each
 1060  notice shall be published in a newspaper of general circulation
 1061  in the county in which the facility is located or is proposed to
 1062  be located as provided in. Notwithstanding the provisions of
 1063  chapter 50, for purposes of this section, a “newspaper of
 1064  general circulation” shall be the newspaper within the county in
 1065  which the installation or facility is proposed which has the
 1066  largest daily circulation in that county and has its principal
 1067  office in that county. If the newspaper with the largest daily
 1068  circulation has its principal office outside the county, the
 1069  notice shall appear in both the newspaper with the largest daily
 1070  circulation in that county, and a newspaper authorized to
 1071  publish legal notices in that county. The notice shall contain:
 1072         (a) The name of the applicant and a brief description of
 1073  the project and its location.
 1074         (b) The location of the application file and when it is
 1075  available for public inspection.
 1076  
 1077  The notice shall be prepared by the applicant and shall comply
 1078  with the following format:
 1079  
 1080                        Notice of Application                      
 1081  The Department of Environmental Protection announces receipt of
 1082  an application for a permit from ...(name of applicant)... to
 1083  ...(brief description of project).... This proposed project will
 1084  be located at ...(location)... in ...(county)... ...(city)....
 1085  
 1086  This application is being processed and is available for public
 1087  inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
 1088  Monday through Friday, except legal holidays, at ...(name and
 1089  address of office)....
 1090  
 1091         Section 28. Paragraph (c) of subsection (7) of section
 1092  501.059, Florida Statutes, is amended to read:
 1093         501.059 Telephone solicitation.—
 1094         (7)
 1095         (c) The provisions of This subsection does do not apply to
 1096  a transaction:
 1097         1. Made in accordance with prior negotiations in the course
 1098  of a visit by the consumer to a merchant operating a retail
 1099  business establishment which has a fixed permanent location and
 1100  where consumer goods are displayed or offered for sale on a
 1101  continuing basis;
 1102         2. In which the consumer may obtain a full refund for the
 1103  return of undamaged and unused goods or a cancellation of
 1104  services notice to the seller within 7 days after receipt by the
 1105  consumer, and the seller will process the refund within 30 days
 1106  after receipt of the returned merchandise by the consumer;
 1107         3. In which the consumer purchases goods or services
 1108  pursuant to an examination of a television, radio, or print
 1109  advertisement or a sample, brochure, or catalog of the merchant
 1110  that contains:
 1111         a. The name, address, and telephone number of the merchant;
 1112         b. A description of the goods or services being sold; and
 1113         c. Any limitations or restrictions that apply to the offer;
 1114  or
 1115         4. In which the merchant is a bona fide charitable
 1116  organization or a newspaper as defined in chapter 50.
 1117         Section 29. Paragraph (b) of subsection (3) of section
 1118  712.06, Florida Statutes, is amended to read:
 1119         712.06 Contents of notice; recording and indexing.—
 1120         (3) The person providing the notice referred to in s.
 1121  712.05, other than a notice for preservation of a community
 1122  covenant or restriction, shall:
 1123         (b) Publish once a week, for 2 consecutive weeks, the
 1124  notice referred to in s. 712.05, with the official record book
 1125  and page number in which such notice was recorded, in a
 1126  newspaper as provided defined in chapter 50 in the county in
 1127  which the property is located.
 1128         Section 30. Subsection (5) of section 849.38, Florida
 1129  Statutes, is amended to read:
 1130         849.38 Proceedings for forfeiture; notice of seizure and
 1131  order to show cause.—
 1132         (5) If the value of the property seized is shown by the
 1133  sheriff’s return to have an appraised value of $1,000 or less,
 1134  the above citation shall be served by posting at three public
 1135  places in the county, one of which shall be the front door of
 1136  the courthouse; if the value of the property is shown by the
 1137  sheriff’s return to have an approximate value of more than
 1138  $1,000, the citation shall be published at least once each week
 1139  for 2 consecutive weeks as provided in chapter 50. in some
 1140  newspaper of general publication published in the county, if
 1141  there be such a newspaper published in the county and if not,
 1142  then Said notice of such publication shall be made by
 1143  certificate of the clerk if publication is made by posting, and
 1144  by affidavit as provided in chapter 50, if made by publication
 1145  as provided in chapter 50 in a newspaper, which affidavit or
 1146  certificate shall be filed and become a part of the record in
 1147  the cause. Failure of the record to show proof of such
 1148  publication shall not affect any judgment made in the cause
 1149  unless it shall affirmatively appear that no such publication
 1150  was made.
 1151         Section 31. Paragraph (a) of subsection (3) of section
 1152  865.09, Florida Statutes, is amended to read:
 1153         865.09 Fictitious name registration.—
 1154         (3) REGISTRATION.—
 1155         (a) A person may not engage in business under a fictitious
 1156  name unless the person first registers the name with the
 1157  division by filing a registration listing:
 1158         1. The name to be registered.
 1159         2. The mailing address of the business.
 1160         3. The name and address of each registrant.
 1161         4. If the registrant is a business entity that was required
 1162  to file incorporation or similar documents with its state of
 1163  organization when it was organized, such entity must be
 1164  registered with the division and in active status with the
 1165  division; provide its Florida document registration number; and
 1166  provide its federal employer identification number if the entity
 1167  has such a number.
 1168         5. Certification by at least one registrant that the
 1169  intention to register such fictitious name has been advertised
 1170  as provided at least once in a newspaper as defined in chapter
 1171  50 in the county in which the principal place of business of the
 1172  registrant is or will be located.
 1173         6. Any other information the division may reasonably deem
 1174  necessary to adequately inform other governmental agencies and
 1175  the public as to the registrant so conducting business.
 1176         Section 32. Paragraph (a) of subsection (6) of section
 1177  932.704, Florida Statutes, is amended to read:
 1178         932.704 Forfeiture proceedings.—
 1179         (6)(a) If the property is required by law to be titled or
 1180  registered, or if the owner of the property is known in fact to
 1181  the seizing agency, or if the seized property is subject to a
 1182  perfected security interest in accordance with the Uniform
 1183  Commercial Code, chapter 679, the attorney for the seizing
 1184  agency shall serve the forfeiture complaint as an original
 1185  service of process under the Florida Rules of Civil Procedure
 1186  and other applicable law to each person having an ownership or
 1187  security interest in the property. The seizing agency shall also
 1188  publish, in accordance with chapter 50, notice of the forfeiture
 1189  complaint once each week for 2 consecutive weeks in a newspaper
 1190  of general circulation, as defined in s. 165.031, in the county
 1191  where the seizure occurred.
 1192         Section 33. This act shall take effect July 1, 2020.