Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 402
       
       
       
       
       
       
                                Ì304210XÎ304210                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2021           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Rodrigues) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 50.011, Florida Statutes, is amended to
    6  read:
    7         50.011 Publication of Where and in what language legal
    8  notices to be published.—Whenever by statute an official or
    9  legal advertisement or a publication, or notice in a newspaper
   10  has been or is directed or permitted in the nature of or in lieu
   11  of process, or for constructive service, or in initiating,
   12  assuming, reviewing, exercising or enforcing jurisdiction or
   13  power, or for any purpose, including all legal notices and
   14  advertisements of sheriffs and tax collectors, the
   15  contemporaneous and continuous intent and meaning of such
   16  legislation all and singular, existing or repealed, is and has
   17  been and is hereby declared to be and to have been, and the rule
   18  of interpretation is and has been the following:,
   19         (1) A publication in a newspaper printed and published
   20  periodically at least once a week; which contains or oftener,
   21  containing at least 25 percent of its words in the English
   22  language; which has a net distribution of at least 1,000 net
   23  print copies per week; which has a website averaging at least
   24  1,000 unique users per week; which has its distribution and
   25  website readership audited and certified biannually by an
   26  independent third-party auditor who is qualified and accredited;
   27  which is, entered or qualified to be admitted and entered as
   28  periodicals matter at a post office in the county where
   29  published, for sale to the public generally, available to the
   30  public generally in the county or nearby counties to which the
   31  legal notice pertains; and which publishes for the publication
   32  of official or other notices and customarily dedicates at least
   33  25 percent of its content to local and regional news and
   34  containing information of a public character or of interest or
   35  of value to the residents or owners of property in the county
   36  where published, or of interest or of value to the general
   37  public; or
   38         (2)By Internet publication on the website of any newspaper
   39  of general circulation in the county or nearby counties to which
   40  the legal notice pertains which otherwise meets the criteria
   41  specified in subsection (1) and on the statewide legal notice
   42  website as provided under s. 50.0211(5).
   43         Section 2. Section 50.021, Florida Statutes, is amended to
   44  read:
   45         50.021 Publication when no newspaper in county.—When any
   46  law, or order or decree of court, directs shall direct
   47  advertisements to be made in a any county and there is be no
   48  newspaper published in the said county, the advertisement may be
   49  made by posting on the website of any newspaper of general
   50  circulation in an adjoining county and on the statewide legal
   51  notice website as provided in s. 50.0211(5) or posting three
   52  copies thereof in three different places in the said county, one
   53  of which shall be at the front door of the courthouse, and by
   54  publication in the nearest county in which a newspaper is
   55  published.
   56         Section 3. Section 50.0211, Florida Statutes, is amended to
   57  read:
   58         50.0211 Internet website publication.—
   59         (1) As used in this section, the term “governmental agency”
   60  means a county, municipality, district school board, or other
   61  unit of local government or political subdivision in this state.
   62         (2) This section applies to legal notices that must be
   63  published in accordance with this chapter unless otherwise
   64  specified.
   65         (3)(2)If a governmental agency publishes a legal notice in
   66  the print edition of a newspaper, each legal notice must be
   67  posted on the newspaper’s website on the same day that the
   68  printed notice appears in the newspaper, at no additional
   69  charge, in a separate web page titled “Legal Notices,” “Legal
   70  Advertising,” or comparable identifying language. A link to the
   71  legal notices web page shall be provided on the front page of
   72  the newspaper’s website that provides access to the legal
   73  notices. If there is a specified size and placement required for
   74  a printed legal notice, the size and placement of the notice on
   75  the newspaper’s website must optimize its online visibility in
   76  keeping with the print requirements. The newspaper’s web pages
   77  that contain legal notices must present the legal notices as the
   78  dominant and leading subject matter of those pages. The
   79  newspaper’s website must contain a search function to facilitate
   80  searching the legal notices. A fee may not be charged, and
   81  registration may not be required, for viewing or searching legal
   82  notices on a newspaper’s website if the legal notice is
   83  published in a newspaper.
   84         (4)(a)(3)(a) If a legal notice is published in the print
   85  edition of a newspaper or on a newspaper’s website, the
   86  newspaper publishing the notice shall place the notice on the
   87  statewide website established and maintained as an initiative of
   88  the Florida Press Association as a repository for such notices
   89  located at the following address: www.floridapublicnotices.com.
   90         (b) A legal notice placed on the statewide website created
   91  under this subsection must be:
   92         1. Accessible and searchable by party name and case number.
   93         2. Posted for a period of at least 90 consecutive days
   94  after the first day of posting.
   95         (c) The statewide website created under this subsection
   96  shall maintain a searchable archive of all legal notices posted
   97  on the publicly accessible website on or after October 1, 2014,
   98  for 18 months after the first day of posting. Such searchable
   99  archive shall be provided and accessible to the general public
  100  without charge.
  101         (d) In its operation of the statewide website, the Florida
  102  Press Association shall consult with the Black Press Association
  103  of Florida to ensure that minority populations throughout the
  104  state have equitable access to legal notices that are posted on
  105  the Internet.
  106         (5)(a)In lieu of publishing a legal notice in the print
  107  edition of a newspaper of general circulation, a governmental
  108  agency may opt for Internet-only publication with any newspaper
  109  of general circulation within the jurisdiction of the affected
  110  governmental agency so long as the governmental agency
  111  determines that the Internet publication of such notice would
  112  not unreasonably restrict public access. Any such notice that is
  113  published only on the Internet in accordance with this
  114  subsection must be placed in the legal notices section of the
  115  newspaper’s website and the statewide legal notice website
  116  established under subsection (4). All requirements regarding the
  117  format and accessibility of legal notices placed on the
  118  newspaper’s website and the statewide legal notice website in
  119  subsections (3) and (4) also apply to legal notices that are
  120  published only on the Internet in accordance with this
  121  subsection.
  122         (b) The legal notices section of the print edition of a
  123  newspaper must include a disclaimer stating that additional
  124  legal notices may be accessed on the newspaper’s website and the
  125  statewide legal notice website. The legal notices section of the
  126  newspaper’s website must also include a disclaimer stating that
  127  legal notices are also published in the print edition of the
  128  newspaper and on the statewide legal notice website.
  129         (c) A newspaper may charge for the publication of any legal
  130  notice that is published only on the newspaper’s website,
  131  without rebate, commission, or refund; however, the newspaper
  132  may not charge any higher rate for publication than the amount
  133  that would be authorized under s. 50.061 if the legal notice had
  134  been printed in the newspaper. The penalties prescribed in s.
  135  50.061(7) for allowing or accepting any rebate, commission, or
  136  refund in connection to the amounts charged for publication also
  137  apply to any legal notices that are published only on the
  138  Internet in accordance with this subsection.
  139         (d) If a governmental agency exercises the option to
  140  publish legal notices on the Internet in accordance with this
  141  subsection, such agency must provide notice at least once per
  142  week in the print edition of a newspaper of general circulation
  143  within the region in which the governmental agency is located
  144  which states that legal notices pertaining to the agency do not
  145  all appear in the print edition of the local newspaper and that
  146  additional legal notices may be accessed on the newspaper’s
  147  website and that a full listing of any legal notices may be
  148  accessed on the statewide legal notice website located at
  149  www.floridapublicnotices.com.
  150         (6)(4) Newspapers that publish legal notices shall, upon
  151  request, provide e-mail notification of new legal notices when
  152  they are published printed in the newspaper or on and added to
  153  the newspaper’s website. Such e-mail notification shall be
  154  provided without charge, and notification for such an e-mail
  155  registry shall be available on the front page of the legal
  156  notices section of the newspaper’s website.
  157         Section 4. Section 50.031, Florida Statutes, is amended to
  158  read:
  159         50.031 Newspapers in which legal notices and process may be
  160  published.—No notice or publication required to be published in
  161  the print edition of a newspaper or on a newspaper’s website in
  162  the nature of or in lieu of process of any kind, nature,
  163  character or description provided for under any law of the
  164  state, whether heretofore or hereafter enacted, and whether
  165  pertaining to constructive service, or the initiating, assuming,
  166  reviewing, exercising or enforcing jurisdiction or power, by any
  167  court in this state, or any notice of sale of property, real or
  168  personal, for taxes, state, county or municipal, or sheriff’s,
  169  guardian’s or administrator’s or any sale made pursuant to any
  170  judicial order, decree or statute or any other publication or
  171  notice pertaining to any affairs of the state, or any county,
  172  municipality or other political subdivision thereof, shall be
  173  deemed to have been published in accordance with the statutes
  174  providing for such publication, unless the same shall have been
  175  published for the prescribed period of time required for such
  176  publication, in a newspaper which at the time of such
  177  publication shall have been in existence for 1 year and shall
  178  have been entered as periodicals matter at a post office in the
  179  county where published, or in a newspaper which is a direct
  180  successor of a newspaper which has together have been so
  181  published; provided, however, that nothing herein contained
  182  shall apply where in any county there shall be no newspaper in
  183  existence which shall have been published for the length of time
  184  above prescribed. No legal publication of any kind, nature or
  185  description, as herein defined, shall be valid or binding or
  186  held to be in compliance with the statutes providing for such
  187  publication unless the same shall have been published in
  188  accordance with the provisions of this section or s. 50.0211(5).
  189  Proof of such publication shall be made by uniform affidavit.
  190         Section 5. Section 50.041, Florida Statutes, is amended to
  191  read:
  192         50.041 Proof of publication; uniform affidavits required.—
  193         (1) All affidavits of publishers of newspapers (or their
  194  official representatives) made for the purpose of establishing
  195  proof of publication of public notices or legal advertisements
  196  shall be uniform throughout the state.
  197         (2) Each such affidavit shall be printed upon white paper
  198  and shall be 8 1/2 inches in width and of convenient length, not
  199  less than 5 1/2 inches. A white margin of not less than 2 1/2
  200  inches shall be left at the right side of each affidavit form
  201  and upon or in this space shall be substantially pasted a
  202  clipping which shall be a true copy of the public notice or
  203  legal advertisement for which proof is executed. Alternatively,
  204  the affidavit may be provided in electronic rather than paper
  205  form, provided the notarization of the affidavit complies with
  206  the requirements of s. 117.021.
  207         (3) In all counties having a population in excess of
  208  450,000 according to the latest official decennial census, in
  209  addition to the charges which are now or may hereafter be
  210  established by law for the publication of every official notice
  211  or legal advertisement, There may be a charge not to exceed $2
  212  levied for the preparation and execution of each such proof of
  213  publication or publisher’s affidavit.
  214         Section 6. Section 50.051, Florida Statutes, is amended to
  215  read:
  216         50.051 Proof of publication; form of uniform affidavit.—The
  217  printed form upon which all such affidavits establishing proof
  218  of publication are to be executed shall be substantially as
  219  follows:
  220                      NAME OF COUNTY NEWSPAPER                     
  221                     Published (Weekly or Daily)                   
  222                   (Town or City)(County)FLORIDA                 
  223  STATE OF FLORIDA
  224  
  225  COUNTY OF ....:
  226         Before the undersigned authority personally appeared ....,
  227  who on oath says that he or she is .... of the ...., a ....
  228  newspaper published at .... in .... County, Florida; that the
  229  attached copy of advertisement, being a .... in the matter of
  230  .... in the .... Court, was published in said newspaper by print
  231  in the issues of .... or by publication on the newspaper’s
  232  website on ...(date)....
  233         Affiant further says that the newspaper complies with all
  234  legal requirements for publication in chapter 50, Florida
  235  Statutes said .... is a newspaper published at ...., in said
  236  .... County, Florida, and that the said newspaper has heretofore
  237  been continuously published in said .... County, Florida, each
  238  .... and has been entered as periodicals matter at the post
  239  office in ...., in said .... County, Florida, for a period of 1
  240  year next preceding the first publication of the attached copy
  241  of advertisement; and affiant further says that he or she has
  242  neither paid nor promised any person, firm or corporation any
  243  discount, rebate, commission or refund for the purpose of
  244  securing this advertisement for publication in the said
  245  newspaper.
  246  
  247  Sworn to and subscribed before me this .... day of ....,
  248  ...(year)..., by ...., who is personally known to me or who has
  249  produced (type of identification) as identification.
  250  
  251  ...(Signature of Notary Public)...
  252  
  253  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  254  
  255  ...(Notary Public)...
  256         Section 7. Section 11.02, Florida Statutes, is amended to
  257  read:
  258         11.02 Notice of special or local legislation or certain
  259  relief acts.—The notice required to obtain special or local
  260  legislation or any relief act specified in s. 11.065 shall be by
  261  publishing the identical notice in each county involved in some
  262  newspaper as provided defined in chapter 50 published in or
  263  circulated throughout the county or counties where the matter or
  264  thing to be affected by such legislation shall be situated one
  265  time at least 30 days before introduction of the proposed law
  266  into the Legislature or, if the notice is not made by Internet
  267  publication as provided in s. 50.0211(5) and there being no
  268  newspaper circulated throughout or published in the county, by
  269  posting for at least 30 days at not less than three public
  270  places in the county or each of the counties, one of which
  271  places shall be at the courthouse in the county or counties
  272  where the matter or thing to be affected by such legislation
  273  shall be situated. Notice of special or local legislation shall
  274  state the substance of the contemplated law, as required by s.
  275  10, Art. III of the State Constitution. Notice of any relief act
  276  specified in s. 11.065 shall state the name of the claimant, the
  277  nature of the injury or loss for which the claim is made, and
  278  the amount of the claim against the affected municipality’s
  279  revenue-sharing trust fund.
  280         Section 8. Paragraph (d) of subsection (1) of section
  281  120.81, Florida Statutes, is amended to read:
  282         120.81 Exceptions and special requirements; general areas.—
  283         (1) EDUCATIONAL UNITS.—
  284         (d) Notwithstanding any other provision of this chapter,
  285  educational units shall not be required to include the full text
  286  of the rule or rule amendment in notices relating to rules and
  287  need not publish these or other notices in the Florida
  288  Administrative Register, but notice shall be made:
  289         1. By publication in the print edition of a newspaper of
  290  general circulation in the affected area or by Internet
  291  publication in accordance with s. 50.0211(5);
  292         2. By mail to all persons who have made requests of the
  293  educational unit for advance notice of its proceedings and to
  294  organizations representing persons affected by the proposed
  295  rule; and
  296         3. By posting in appropriate places so that those
  297  particular classes of persons to whom the intended action is
  298  directed may be duly notified.
  299         Section 9. Subsection (2) of section 121.0511, Florida
  300  Statutes, is amended to read:
  301         121.0511 Revocation of election and alternative plan.—The
  302  governing body of any municipality or independent special
  303  district that has elected to participate in the Florida
  304  Retirement System may revoke its election in accordance with the
  305  following procedure:
  306         (2) At least 7 days, but not more than 15 days, before the
  307  hearing, notice of intent to revoke, specifying the time and
  308  place of the hearing, must be published as provided in chapter
  309  50 in a newspaper of general circulation in the area affected,
  310  as provided by ss. 50.011-50.031. Proof of publication of the
  311  notice must be submitted to the Department of Management
  312  Services.
  313         Section 10. Paragraphs (b) and (h) of subsection (1) of
  314  section 121.055, Florida Statutes, are amended to read:
  315         121.055 Senior Management Service Class.—There is hereby
  316  established a separate class of membership within the Florida
  317  Retirement System to be known as the “Senior Management Service
  318  Class,” which shall become effective February 1, 1987.
  319         (1)
  320         (b)1. Except as provided in subparagraph 2., effective
  321  January 1, 1990, participation in the Senior Management Service
  322  Class is compulsory for the president of each community college,
  323  the manager of each participating municipality or county, and
  324  all appointed district school superintendents. Effective January
  325  1, 1994, additional positions may be designated for inclusion in
  326  the Senior Management Service Class if:
  327         a. Positions to be included in the class are designated by
  328  the local agency employer. Notice of intent to designate
  329  positions for inclusion in the class must be published for at
  330  least 2 consecutive weeks if published by Internet publication
  331  as provided in s. 50.0211(5) or, if published in print, once a
  332  week for 2 consecutive weeks in a newspaper of general
  333  circulation published in the county or counties affected, as
  334  provided in chapter 50.
  335         b. Up to 10 nonelective full-time positions may be
  336  designated for each local agency employer reporting to the
  337  department; for local agencies with 100 or more regularly
  338  established positions, additional nonelective full-time
  339  positions may be designated, not to exceed 1 percent of the
  340  regularly established positions within the agency.
  341         c. Each position added to the class must be a managerial or
  342  policymaking position filled by an employee who is not subject
  343  to continuing contract and serves at the pleasure of the local
  344  agency employer without civil service protection, and who:
  345         (I) Heads an organizational unit; or
  346         (II) Has responsibility to effect or recommend personnel,
  347  budget, expenditure, or policy decisions in his or her areas of
  348  responsibility.
  349         2. In lieu of participation in the Senior Management
  350  Service Class, members of the Senior Management Service Class,
  351  pursuant to subparagraph 1., may withdraw from the Florida
  352  Retirement System altogether. The decision to withdraw from the
  353  system is irrevocable as long as the employee holds the
  354  position. Any service creditable under the Senior Management
  355  Service Class shall be retained after the member withdraws from
  356  the system; however, additional service credit in the Senior
  357  Management Service Class may not be earned after such
  358  withdrawal. Such members are not eligible to participate in the
  359  Senior Management Service Optional Annuity Program.
  360         3. Effective January 1, 2006, through June 30, 2006, an
  361  employee who has withdrawn from the Florida Retirement System
  362  under subparagraph 2. has one opportunity to elect to
  363  participate in the pension plan or the investment plan.
  364         a. If the employee elects to participate in the investment
  365  plan, membership shall be prospective, and the applicable
  366  provisions of s. 121.4501(4) govern the election.
  367         b. If the employee elects to participate in the pension
  368  plan, the employee shall, upon payment to the system trust fund
  369  of the amount calculated under sub-sub-subparagraph (I), receive
  370  service credit for prior service based upon the time during
  371  which the employee had withdrawn from the system.
  372         (I) The cost for such credit shall be an amount
  373  representing the actuarial accrued liability for the affected
  374  period of service. The cost shall be calculated using the
  375  discount rate and other relevant actuarial assumptions that were
  376  used to value the pension plan liabilities in the most recent
  377  actuarial valuation. The calculation must include any service
  378  already maintained under the pension plan in addition to the
  379  period of withdrawal. The actuarial accrued liability
  380  attributable to any service already maintained under the pension
  381  plan shall be applied as a credit to the total cost resulting
  382  from the calculation. The division must ensure that the transfer
  383  sum is prepared using a formula and methodology certified by an
  384  actuary.
  385         (II) The employee must transfer a sum representing the net
  386  cost owed for the actuarial accrued liability in sub-sub
  387  subparagraph (I) immediately following the time of such
  388  movement, determined assuming that attained service equals the
  389  sum of service in the pension plan and the period of withdrawal.
  390         (h)1. Except as provided in subparagraph 3., effective
  391  January 1, 1994, participation in the Senior Management Service
  392  Class shall be compulsory for the State Courts Administrator and
  393  the Deputy State Courts Administrators, the Clerk of the Supreme
  394  Court, the Marshal of the Supreme Court, the Executive Director
  395  of the Justice Administrative Commission, the capital collateral
  396  regional counsel, the clerks of the district courts of appeals,
  397  the marshals of the district courts of appeals, and the trial
  398  court administrator and the Chief Deputy Court Administrator in
  399  each judicial circuit. Effective January 1, 1994, additional
  400  positions in the offices of the state attorney and public
  401  defender in each judicial circuit may be designated for
  402  inclusion in the Senior Management Service Class of the Florida
  403  Retirement System, provided that:
  404         a. Positions to be included in the class shall be
  405  designated by the state attorney or public defender, as
  406  appropriate. Notice of intent to designate positions for
  407  inclusion in the class shall be published for at least 2
  408  consecutive weeks by Internet publication as provided in s.
  409  50.0211(5) or, if published in print, once a week for 2
  410  consecutive weeks in a newspaper of general circulation
  411  published in the county or counties affected, as provided in
  412  chapter 50.
  413         b. One nonelective full-time position may be designated for
  414  each state attorney and public defender reporting to the
  415  Department of Management Services; for agencies with 200 or more
  416  regularly established positions under the state attorney or
  417  public defender, additional nonelective full-time positions may
  418  be designated, not to exceed 0.5 percent of the regularly
  419  established positions within the agency.
  420         c. Each position added to the class must be a managerial or
  421  policymaking position filled by an employee who serves at the
  422  pleasure of the state attorney or public defender without civil
  423  service protection, and who:
  424         (I) Heads an organizational unit; or
  425         (II) Has responsibility to effect or recommend personnel,
  426  budget, expenditure, or policy decisions in his or her areas of
  427  responsibility.
  428         2. Participation in this class shall be compulsory, except
  429  as provided in subparagraph 3., for any judicial employee who
  430  holds a position designated for coverage in the Senior
  431  Management Service Class, and such participation shall continue
  432  until the employee terminates employment in a covered position.
  433  Effective January 1, 2001, participation in this class is
  434  compulsory for assistant state attorneys, assistant statewide
  435  prosecutors, assistant public defenders, and assistant capital
  436  collateral regional counsel. Effective January 1, 2002,
  437  participation in this class is compulsory for assistant
  438  attorneys general.
  439         3. In lieu of participation in the Senior Management
  440  Service Class, such members, excluding assistant state
  441  attorneys, assistant public defenders, assistant statewide
  442  prosecutors, assistant attorneys general, and assistant capital
  443  collateral regional counsel, may participate in the Senior
  444  Management Service Optional Annuity Program as established in
  445  subsection (6).
  446         Section 11. Paragraph (a) of subsection (2) and paragraph
  447  (b) of subsection (4) of section 125.66, Florida Statutes, are
  448  amended to read:
  449         125.66 Ordinances; enactment procedure; emergency
  450  ordinances; rezoning or change of land use ordinances or
  451  resolutions.—
  452         (2)(a) The regular enactment procedure shall be as follows:
  453  The board of county commissioners at any regular or special
  454  meeting may enact or amend any ordinance, except as provided in
  455  subsection (4), if notice of intent to consider such ordinance
  456  is given at least 10 days before such prior to said meeting by
  457  publication as provided in chapter 50 in a newspaper of general
  458  circulation in the county. A copy of such notice shall be kept
  459  available for public inspection during the regular business
  460  hours of the office of the clerk of the board of county
  461  commissioners. The notice of proposed enactment shall state the
  462  date, time, and place of the meeting; the title or titles of
  463  proposed ordinances; and the place or places within the county
  464  where such proposed ordinances may be inspected by the public.
  465  The notice shall also advise that interested parties may appear
  466  at the meeting and be heard with respect to the proposed
  467  ordinance.
  468         (4) Ordinances or resolutions, initiated by other than the
  469  county, that change the actual zoning map designation of a
  470  parcel or parcels of land shall be enacted pursuant to
  471  subsection (2). Ordinances or resolutions that change the actual
  472  list of permitted, conditional, or prohibited uses within a
  473  zoning category, or ordinances or resolutions initiated by the
  474  county that change the actual zoning map designation of a parcel
  475  or parcels of land shall be enacted pursuant to the following
  476  procedure:
  477         (b) In cases in which the proposed ordinance or resolution
  478  changes the actual list of permitted, conditional, or prohibited
  479  uses within a zoning category, or changes the actual zoning map
  480  designation of a parcel or parcels of land involving 10
  481  contiguous acres or more, the board of county commissioners
  482  shall provide for public notice and hearings as follows:
  483         1. The board of county commissioners shall hold two
  484  advertised public hearings on the proposed ordinance or
  485  resolution. At least one hearing shall be held after 5 p.m. on a
  486  weekday, unless the board of county commissioners, by a majority
  487  plus one vote, elects to conduct that hearing at another time of
  488  day. The first public hearing shall be held at least 7 days
  489  after the day that the first advertisement is published. The
  490  second hearing shall be held at least 10 days after the first
  491  hearing and shall be advertised at least 5 days prior to the
  492  public hearing.
  493         2. If published in the print edition of a newspaper, the
  494  required advertisements shall be no less than 2 columns wide by
  495  10 inches long in a standard size or a tabloid size newspaper,
  496  and the headline in the advertisement shall be in a type no
  497  smaller than 18 point. The advertisement shall not be placed in
  498  that portion of the newspaper where legal notices and classified
  499  advertisements appear. The advertisement shall be placed in a
  500  newspaper of general paid circulation in the county and of
  501  general interest and readership in the community pursuant to
  502  chapter 50, not one of limited subject matter. It is the
  503  legislative intent that, whenever possible, the advertisement
  504  shall appear in a newspaper that is published at least weekly 5
  505  days a week unless the only newspaper in the community is
  506  published less than weekly 5 days a week. The advertisement
  507  shall be in substantially the following form:
  508                     NOTICE OF (TYPE OF) CHANGE                    
  509  
  510         The ...(name of local governmental unit)... proposes to
  511  adopt the following by ordinance or resolution:...(title of
  512  ordinance or resolution)....
  513         A public hearing on the ordinance or resolution will be
  514  held on ...(date and time)... at ...(meeting place)....
  515  
  516  Except for amendments which change the actual list of permitted,
  517  conditional, or prohibited uses within a zoning category, the
  518  advertisement shall contain a geographic location map which
  519  clearly indicates the area within the local government covered
  520  by the proposed ordinance or resolution. The map shall include
  521  major street names as a means of identification of the general
  522  area. If In addition to being published in the print edition of
  523  the newspaper, the map must be part of any the online notice
  524  made required pursuant to s. 50.0211.
  525         3. In lieu of publishing the advertisements set out in this
  526  paragraph, the board of county commissioners may mail a notice
  527  to each person owning real property within the area covered by
  528  the ordinance or resolution. Such notice shall clearly explain
  529  the proposed ordinance or resolution and shall notify the person
  530  of the time, place, and location of both public hearings on the
  531  proposed ordinance or resolution.
  532         Section 12. Paragraph (a) of subsection (2) of section
  533  162.12, Florida Statutes, is amended to read:
  534         162.12 Notices.—
  535         (2) In addition to providing notice as set forth in
  536  subsection (1), at the option of the code enforcement board or
  537  the local government, notice may be served by publication or
  538  posting, as follows:
  539         (a)1. Such notice shall be published by print, or on a
  540  newspaper’s website and the statewide legal notice website as
  541  provided in s. 50.0211(5) for 4 consecutive weeks. If published
  542  in print, the notice shall be published once during each week
  543  for 4 consecutive weeks (four publications being sufficient) in
  544  a newspaper of general circulation in the county where the code
  545  enforcement board is located. The newspaper shall meet such
  546  requirements as are prescribed under chapter 50 for legal and
  547  official advertisements.
  548         2. Proof of publication shall be made as provided in ss.
  549  50.041 and 50.051.
  550         Section 13. Paragraph (c) of subsection (3) of section
  551  166.041, Florida Statutes, is amended to read:
  552         166.041 Procedures for adoption of ordinances and
  553  resolutions.—
  554         (3)
  555         (c) Ordinances initiated by other than the municipality
  556  that change the actual zoning map designation of a parcel or
  557  parcels of land shall be enacted pursuant to paragraph (a).
  558  Ordinances that change the actual list of permitted,
  559  conditional, or prohibited uses within a zoning category, or
  560  ordinances initiated by the municipality that change the actual
  561  zoning map designation of a parcel or parcels of land shall be
  562  enacted pursuant to the following procedure:
  563         1. In cases in which the proposed ordinance changes the
  564  actual zoning map designation for a parcel or parcels of land
  565  involving less than 10 contiguous acres, the governing body
  566  shall direct the clerk of the governing body to notify by mail
  567  each real property owner whose land the municipality will
  568  redesignate by enactment of the ordinance and whose address is
  569  known by reference to the latest ad valorem tax records. The
  570  notice shall state the substance of the proposed ordinance as it
  571  affects that property owner and shall set a time and place for
  572  one or more public hearings on such ordinance. Such notice shall
  573  be given at least 30 days prior to the date set for the public
  574  hearing, and a copy of the notice shall be kept available for
  575  public inspection during the regular business hours of the
  576  office of the clerk of the governing body. The governing body
  577  shall hold a public hearing on the proposed ordinance and may,
  578  upon the conclusion of the hearing, immediately adopt the
  579  ordinance.
  580         2. In cases in which the proposed ordinance changes the
  581  actual list of permitted, conditional, or prohibited uses within
  582  a zoning category, or changes the actual zoning map designation
  583  of a parcel or parcels of land involving 10 contiguous acres or
  584  more, the governing body shall provide for public notice and
  585  hearings as follows:
  586         a. The local governing body shall hold two advertised
  587  public hearings on the proposed ordinance. At least one hearing
  588  shall be held after 5 p.m. on a weekday, unless the local
  589  governing body, by a majority plus one vote, elects to conduct
  590  that hearing at another time of day. The first public hearing
  591  shall be held at least 7 days after the day that the first
  592  advertisement is published. The second hearing shall be held at
  593  least 10 days after the first hearing and shall be advertised at
  594  least 5 days prior to the public hearing.
  595         b. If published in the print edition of a newspaper, the
  596  required advertisements shall be no less than 2 columns wide by
  597  10 inches long in a standard size or a tabloid size newspaper,
  598  and the headline in the advertisement shall be in a type no
  599  smaller than 18 point. The advertisement shall not be placed in
  600  that portion of the newspaper where legal notices and classified
  601  advertisements appear. The advertisement shall be placed in a
  602  newspaper of general paid circulation in the municipality and of
  603  general interest and readership in the municipality, not one of
  604  limited subject matter, pursuant to chapter 50. It is the
  605  legislative intent that, whenever possible, the advertisement
  606  appear in a newspaper that is published at least weekly 5 days a
  607  week unless the only newspaper in the municipality is published
  608  less than weekly 5 days a week. The advertisement shall be in
  609  substantially the following form:
  610  
  611                     NOTICE OF (TYPE OF) CHANGE                    
  612  
  613         The ...(name of local governmental unit)... proposes to
  614  adopt the following ordinance:...(title of the ordinance)....
  615         A public hearing on the ordinance will be held on ...(date
  616  and time)... at ...(meeting place)....
  617  
  618  Except for amendments which change the actual list of permitted,
  619  conditional, or prohibited uses within a zoning category, the
  620  advertisement shall contain a geographic location map which
  621  clearly indicates the area covered by the proposed ordinance.
  622  The map shall include major street names as a means of
  623  identification of the general area. If In addition to being
  624  published in the print edition of the newspaper, the map must
  625  also be part of any the online notice made required pursuant to
  626  s. 50.0211.
  627         c. In lieu of publishing the advertisement set out in this
  628  paragraph, the municipality may mail a notice to each person
  629  owning real property within the area covered by the ordinance.
  630  Such notice shall clearly explain the proposed ordinance and
  631  shall notify the person of the time, place, and location of any
  632  public hearing on the proposed ordinance.
  633         Section 14. Subsection (1) of section 189.015, Florida
  634  Statutes, is amended to read:
  635         189.015 Meetings; notice; required reports.—
  636         (1) The governing body of each special district shall file
  637  quarterly, semiannually, or annually a schedule of its regular
  638  meetings with the local governing authority or authorities. The
  639  schedule shall include the date, time, and location of each
  640  scheduled meeting. The schedule shall be published quarterly,
  641  semiannually, or annually in a newspaper of general paid
  642  circulation in the manner required in this subsection. The
  643  governing body of an independent special district shall
  644  advertise the day, time, place, and purpose of any meeting other
  645  than a regular meeting or any recessed and reconvened meeting of
  646  the governing body, at least 7 days before such meeting as
  647  provided in chapter 50, in a newspaper of general paid
  648  circulation in the county or counties in which the special
  649  district is located, unless a bona fide emergency situation
  650  exists, in which case a meeting to deal with the emergency may
  651  be held as necessary, with reasonable notice, so long as it is
  652  subsequently ratified by the governing body. No approval of the
  653  annual budget shall be granted at an emergency meeting. The
  654  notice shall be posted as provided in advertisement shall be
  655  placed in that portion of the newspaper where legal notices and
  656  classified advertisements appear. The advertisement shall appear
  657  in a newspaper that is published at least 5 days a week, unless
  658  the only newspaper in the county is published fewer than 5 days
  659  a week. The newspaper selected must be one of general interest
  660  and readership in the community and not one of limited subject
  661  matter, pursuant to chapter 50. Any other provision of law to
  662  the contrary notwithstanding, and except in the case of
  663  emergency meetings, water management districts may provide
  664  reasonable notice of public meetings held to evaluate responses
  665  to solicitations issued by the water management district, by
  666  publication as provided in chapter 50 by Internet publication or
  667  by publication in a newspaper of general paid circulation in the
  668  county where the principal office of the water management
  669  district is located, or in the county or counties where the
  670  public work will be performed, no less than 7 days before such
  671  meeting.
  672         Section 15. Paragraph (d) of subsection (1) of section
  673  190.005, Florida Statutes, is amended to read:
  674         190.005 Establishment of district.—
  675         (1) The exclusive and uniform method for the establishment
  676  of a community development district with a size of 2,500 acres
  677  or more shall be pursuant to a rule, adopted under chapter 120
  678  by the Florida Land and Water Adjudicatory Commission, granting
  679  a petition for the establishment of a community development
  680  district.
  681         (d) A local public hearing on the petition shall be
  682  conducted by a hearing officer in conformance with the
  683  applicable requirements and procedures of the Administrative
  684  Procedure Act. The hearing shall include oral and written
  685  comments on the petition pertinent to the factors specified in
  686  paragraph (e). The hearing shall be held at an accessible
  687  location in the county in which the community development
  688  district is to be located. The petitioner shall cause a notice
  689  of the hearing to be published for 4 successive weeks on a
  690  newspaper’s website and the statewide legal notice website
  691  provided in s. 50.0211(5) or, if published in print, in a
  692  newspaper at least once a week for the 4 successive weeks
  693  immediately prior to the hearing as provided in chapter 50. Such
  694  notice shall give the time and place for the hearing, a
  695  description of the area to be included in the district, which
  696  description shall include a map showing clearly the area to be
  697  covered by the district, and any other relevant information
  698  which the establishing governing bodies may require. If
  699  published in the print edition of a newspaper, the advertisement
  700  may shall not be placed in the that portion of the newspaper
  701  where legal notices and classified advertisements appear. The
  702  advertisement must shall be published in a newspaper of general
  703  paid circulation in the county and of general interest and
  704  readership in the community, not one of limited subject matter,
  705  pursuant to chapter 50. Whenever possible, the advertisement
  706  shall appear in a newspaper that is published at least weekly 5
  707  days a week, unless the only newspaper in the community is
  708  published less than weekly fewer than 5 days a week. If the
  709  notice is In addition to being published in the print edition of
  710  the newspaper, the map referenced above must also be included in
  711  any part of the online advertisement required pursuant to s.
  712  50.0211. All affected units of general-purpose local government
  713  and the general public shall be given an opportunity to appear
  714  at the hearing and present oral or written comments on the
  715  petition.
  716         Section 16. Paragraph (h) of subsection (1) of section
  717  190.046, Florida Statutes, is amended to read:
  718         190.046 Termination, contraction, or expansion of
  719  district.—
  720         (1) A landowner or the board may petition to contract or
  721  expand the boundaries of a community development district in the
  722  following manner:
  723         (h) For a petition to establish a new community development
  724  district of less than 2,500 acres on land located solely in one
  725  county or one municipality, sufficiently contiguous lands
  726  located within the county or municipality which the petitioner
  727  anticipates adding to the boundaries of the district within 10
  728  years after the effective date of the ordinance establishing the
  729  district may also be identified. If such sufficiently contiguous
  730  land is identified, the petition must include a legal
  731  description of each additional parcel within the sufficiently
  732  contiguous land, the current owner of the parcel, the acreage of
  733  the parcel, and the current land use designation of the parcel.
  734  At least 14 days before the hearing required under s.
  735  190.005(2)(b), the petitioner must give the current owner of
  736  each such parcel notice of filing the petition to establish the
  737  district, the date and time of the public hearing on the
  738  petition, and the name and address of the petitioner. A parcel
  739  may not be included in the district without the written consent
  740  of the owner of the parcel.
  741         1. After establishment of the district, a person may
  742  petition the county or municipality to amend the boundaries of
  743  the district to include a previously identified parcel that was
  744  a proposed addition to the district before its establishment. A
  745  filing fee may not be charged for this petition. Each such
  746  petition must include:
  747         a. A legal description by metes and bounds of the parcel to
  748  be added;
  749         b. A new legal description by metes and bounds of the
  750  district;
  751         c. Written consent of all owners of the parcel to be added;
  752         d. A map of the district including the parcel to be added;
  753         e. A description of the development proposed on the
  754  additional parcel; and
  755         f. A copy of the original petition identifying the parcel
  756  to be added.
  757         2. Before filing with the county or municipality, the
  758  person must provide the petition to the district and to the
  759  owner of the proposed additional parcel, if the owner is not the
  760  petitioner.
  761         3. Once the petition is determined sufficient and complete,
  762  the county or municipality must process the addition of the
  763  parcel to the district as an amendment to the ordinance that
  764  establishes the district. The county or municipality may process
  765  all petitions to amend the ordinance for parcels identified in
  766  the original petition, even if, by adding such parcels, the
  767  district exceeds 2,500 acres.
  768         4. The petitioner shall cause to be published in a
  769  newspaper of general circulation in the proposed district a
  770  notice of the intent to amend the ordinance that establishes the
  771  district. The notice must be in addition to any notice required
  772  for adoption of the ordinance amendment. Such notice must be
  773  published as provided in chapter 50 at least 10 days before the
  774  scheduled hearing on the ordinance amendment and may be
  775  published in the section of the newspaper reserved for legal
  776  notices. The notice must include a general description of the
  777  land to be added to the district and the date and time of the
  778  scheduled hearing to amend the ordinance. The petitioner shall
  779  deliver, including by mail or hand delivery, the notice of the
  780  hearing on the ordinance amendment to the owner of the parcel
  781  and to the district at least 14 days before the scheduled
  782  hearing.
  783         5. The amendment of a district by the addition of a parcel
  784  pursuant to this paragraph does not alter the transition from
  785  landowner voting to qualified elector voting pursuant to s.
  786  190.006, even if the total size of the district after the
  787  addition of the parcel exceeds 5,000 acres. Upon adoption of the
  788  ordinance expanding the district, the petitioner must cause to
  789  be recorded a notice of boundary amendment which reflects the
  790  new boundaries of the district.
  791         6. This paragraph is intended to facilitate the orderly
  792  addition of lands to a district under certain circumstances and
  793  does not preclude the addition of lands to any district using
  794  the procedures in the other provisions of this section.
  795         Section 17. Subsection (1) of section 194.037, Florida
  796  Statutes, is amended to read:
  797         194.037 Disclosure of tax impact.—
  798         (1) After hearing all petitions, complaints, appeals, and
  799  disputes, the clerk shall make public notice of the findings and
  800  results of the board as provided in chapter 50. If published in
  801  the print edition of a newspaper, the notice must be in at least
  802  a quarter-page size advertisement of a standard size or tabloid
  803  size newspaper, and the headline shall be in a type no smaller
  804  than 18 point. The advertisement shall not be placed in that
  805  portion of the newspaper where legal notices and classified
  806  advertisements appear. The advertisement shall be published in a
  807  newspaper of general paid circulation in the county. The
  808  newspaper selected shall be one of general interest and
  809  readership in the community, and not one of limited subject
  810  matter, pursuant to chapter 50. For all advertisements published
  811  pursuant to this section, the headline shall read: TAX IMPACT OF
  812  VALUE ADJUSTMENT BOARD. The public notice shall list the members
  813  of the value adjustment board and the taxing authorities to
  814  which they are elected. The form shall show, in columnar form,
  815  for each of the property classes listed under subsection (2),
  816  the following information, with appropriate column totals:
  817         (a) In the first column, the number of parcels for which
  818  the board granted exemptions that had been denied or that had
  819  not been acted upon by the property appraiser.
  820         (b) In the second column, the number of parcels for which
  821  petitions were filed concerning a property tax exemption.
  822         (c) In the third column, the number of parcels for which
  823  the board considered the petition and reduced the assessment
  824  from that made by the property appraiser on the initial
  825  assessment roll.
  826         (d) In the fourth column, the number of parcels for which
  827  petitions were filed but not considered by the board because
  828  such petitions were withdrawn or settled prior to the board’s
  829  consideration.
  830         (e) In the fifth column, the number of parcels for which
  831  petitions were filed requesting a change in assessed value,
  832  including requested changes in assessment classification.
  833         (f) In the sixth column, the net change in taxable value
  834  from the assessor’s initial roll which results from board
  835  decisions.
  836         (g) In the seventh column, the net shift in taxes to
  837  parcels not granted relief by the board. The shift shall be
  838  computed as the amount shown in column 6 multiplied by the
  839  applicable millage rates adopted by the taxing authorities in
  840  hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
  841  the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  842  Constitution, but without adjustment as authorized pursuant to
  843  s. 200.065(6). If for any taxing authority the hearing has not
  844  been completed at the time the notice required herein is
  845  prepared, the millage rate used shall be that adopted in the
  846  hearing held pursuant to s. 200.065(2)(c).
  847         Section 18. Subsection (1) of section 197.402, Florida
  848  Statutes, is amended to read:
  849         197.402 Advertisement of real or personal property with
  850  delinquent taxes.—
  851         (1) If advertisements are required, the board of county
  852  commissioners shall make such notice select the newspaper as
  853  provided in chapter 50. The tax collector shall pay all
  854  newspaper charges, and the proportionate cost of the
  855  advertisements shall be added to the delinquent taxes collected.
  856         Section 19. Subsection (3) of section 200.065, Florida
  857  Statutes, is amended to read:
  858         200.065 Method of fixing millage.—
  859         (3) The advertisement shall be published as provided in
  860  chapter 50. If the advertisement is published in the print
  861  edition of a newspaper, the advertisement must be no less than
  862  one-quarter page in size of a standard size or a tabloid size
  863  newspaper, and the headline in the advertisement shall be in a
  864  type no smaller than 18 point. The advertisement shall not be
  865  placed in that portion of the newspaper where legal notices and
  866  classified advertisements appear. The advertisement shall be
  867  published in a newspaper of general paid circulation in the
  868  county or in a geographically limited insert of such newspaper.
  869  The geographic boundaries in which such insert is circulated
  870  shall include the geographic boundaries of the taxing authority.
  871  It is the legislative intent that, whenever possible, the
  872  advertisement appear in a newspaper that is published at least
  873  weekly 5 days a week unless the only newspaper in the county is
  874  published less than weekly 5 days a week, or that the
  875  advertisement appear in a geographically limited insert of such
  876  newspaper which insert is published throughout the taxing
  877  authority’s jurisdiction at least twice each week. It is further
  878  the legislative intent that the newspaper selected be one of
  879  general interest and readership in the community and not one of
  880  limited subject matter, pursuant to chapter 50.
  881         (a) For taxing authorities other than school districts
  882  which have tentatively adopted a millage rate in excess of 100
  883  percent of the rolled-back rate computed pursuant to subsection
  884  (1), the advertisement shall be in the following form:
  885                   NOTICE OF PROPOSED TAX INCREASE                 
  886  
  887         The ...(name of the taxing authority)... has tentatively
  888  adopted a measure to increase its property tax levy.
  889  Last year’s property tax levy:
  890         A. Initially proposed tax levy................$XX,XXX,XXX
  891         B. Less tax reductions due to Value Adjustment Board and
  892  other assessment changes...........................($XX,XXX,XXX)
  893         C. Actual property tax levy...................$XX,XXX,XXX
  894  This year’s proposed tax levy........................$XX,XXX,XXX
  895         All concerned citizens are invited to attend a public
  896  hearing on the tax increase to be held on ...(date and time)...
  897  at ...(meeting place)....
  898  
  899         A FINAL DECISION on the proposed tax increase and the
  900  budget will be made at this hearing.
  901         (b) In all instances in which the provisions of paragraph
  902  (a) are inapplicable for taxing authorities other than school
  903  districts, the advertisement shall be in the following form:
  904  
  905                      NOTICE OF BUDGET HEARING                     
  906  
  907         The ...(name of taxing authority)... has tentatively
  908  adopted a budget for ...(fiscal year).... A public hearing to
  909  make a FINAL DECISION on the budget AND TAXES will be held on
  910  ...(date and time)... at ...(meeting place)....
  911  
  912         (c) For school districts which have proposed a millage rate
  913  in excess of 100 percent of the rolled-back rate computed
  914  pursuant to subsection (1) and which propose to levy nonvoted
  915  millage in excess of the minimum amount required pursuant to s.
  916  1011.60(6), the advertisement shall be in the following form:
  917                   NOTICE OF PROPOSED TAX INCREASE                 
  918  
  919         The ...(name of school district)... will soon consider a
  920  measure to increase its property tax levy.
  921  Last year’s property tax levy:
  922         A. Initially proposed tax levy................$XX,XXX,XXX
  923         B. Less tax reductions due to Value Adjustment Board and
  924  other assessment changes...........................($XX,XXX,XXX)
  925         C. Actual property tax levy...................$XX,XXX,XXX
  926  This year’s proposed tax levy........................$XX,XXX,XXX
  927         A portion of the tax levy is required under state law in
  928  order for the school board to receive $...(amount A)... in state
  929  education grants. The required portion has ...(increased or
  930  decreased)... by ...(amount B)... percent and represents
  931  approximately ...(amount C)... of the total proposed taxes.
  932         The remainder of the taxes is proposed solely at the
  933  discretion of the school board.
  934         All concerned citizens are invited to a public hearing on
  935  the tax increase to be held on ...(date and time)... at
  936  ...(meeting place)....
  937         A DECISION on the proposed tax increase and the budget will
  938  be made at this hearing.
  939         1. AMOUNT A shall be an estimate, provided by the
  940  Department of Education, of the amount to be received in the
  941  current fiscal year by the district from state appropriations
  942  for the Florida Education Finance Program.
  943         2. AMOUNT B shall be the percent increase over the rolled
  944  back rate necessary to levy only the required local effort in
  945  the current fiscal year, computed as though in the preceding
  946  fiscal year only the required local effort was levied.
  947         3. AMOUNT C shall be the quotient of required local-effort
  948  millage divided by the total proposed nonvoted millage, rounded
  949  to the nearest tenth and stated in words; however, the stated
  950  amount shall not exceed nine-tenths.
  951         (d) For school districts which have proposed a millage rate
  952  in excess of 100 percent of the rolled-back rate computed
  953  pursuant to subsection (1) and which propose to levy as nonvoted
  954  millage only the minimum amount required pursuant to s.
  955  1011.60(6), the advertisement shall be the same as provided in
  956  paragraph (c), except that the second and third paragraphs shall
  957  be replaced with the following paragraph:
  958  
  959         This increase is required under state law in order for the
  960  school board to receive $...(amount A)... in state education
  961  grants.
  962  
  963         (e) In all instances in which the provisions of paragraphs
  964  (c) and (d) are inapplicable for school districts, the
  965  advertisement shall be in the following form:
  966  
  967                      NOTICE OF BUDGET HEARING                     
  968  
  969         The ...(name of school district)... will soon consider a
  970  budget for ...(fiscal year).... A public hearing to make a
  971  DECISION on the budget AND TAXES will be held on ...(date and
  972  time)... at ...(meeting place)....
  973  
  974         (f) In lieu of publishing the notice set out in this
  975  subsection, the taxing authority may mail a copy of the notice
  976  to each elector residing within the jurisdiction of the taxing
  977  authority.
  978         (g) In the event that the mailing of the notice of proposed
  979  property taxes is delayed beyond September 3 in a county, any
  980  multicounty taxing authority which levies ad valorem taxes
  981  within that county shall advertise its intention to adopt a
  982  tentative budget and millage rate in a newspaper of paid general
  983  circulation within that county which meets the requirements of
  984  chapter 50, as provided in this subsection, and shall hold the
  985  hearing required pursuant to paragraph (2)(c) not less than 2
  986  days or more than 5 days thereafter, and not later than
  987  September 18. The advertisement shall be in the following form,
  988  unless the proposed millage rate is less than or equal to the
  989  rolled-back rate, computed pursuant to subsection (1), in which
  990  case the advertisement shall be as provided in paragraph (e):
  991                       NOTICE OF TAX INCREASE                      
  992  
  993         The ...(name of the taxing authority)... proposes to
  994  increase its property tax levy by ...(percentage of increase
  995  over rolled-back rate)... percent.
  996         All concerned citizens are invited to attend a public
  997  hearing on the proposed tax increase to be held on ...(date and
  998  time)... at ...(meeting place)....
  999  
 1000         (h) In no event shall any taxing authority add to or delete
 1001  from the language of the advertisements as specified herein
 1002  unless expressly authorized by law, except that, if an increase
 1003  in ad valorem tax rates will affect only a portion of the
 1004  jurisdiction of a taxing authority, advertisements may include a
 1005  map or geographical description of the area to be affected and
 1006  the proposed use of the tax revenues under consideration. In
 1007  addition, if published in the print edition of the newspaper or
 1008  only published on the Internet in accordance with s. 50.0211(5),
 1009  the map must be included in part of the online advertisement
 1010  required by s. 50.0211. The advertisements required herein shall
 1011  not be accompanied, preceded, or followed by other advertising
 1012  or notices which conflict with or modify the substantive content
 1013  prescribed herein.
 1014         (i) The advertisements required pursuant to paragraphs (b)
 1015  and (e) need not be one-quarter page in size or have a headline
 1016  in type no smaller than 18 point.
 1017         (j) The amounts to be published as percentages of increase
 1018  over the rolled-back rate pursuant to this subsection shall be
 1019  based on aggregate millage rates and shall exclude voted millage
 1020  levies unless expressly provided otherwise in this subsection.
 1021         (k) Any taxing authority which will levy an ad valorem tax
 1022  for an upcoming budget year but does not levy an ad valorem tax
 1023  currently shall, in the advertisement specified in paragraph
 1024  (a), paragraph (c), paragraph (d), or paragraph (g), replace the
 1025  phrase “increase its property tax levy by ...(percentage of
 1026  increase over rolled-back rate)... percent” with the phrase
 1027  “impose a new property tax levy of $...(amount)... per $1,000
 1028  value.”
 1029         (l) Any advertisement required pursuant to this section
 1030  shall be accompanied by an adjacent notice meeting the budget
 1031  summary requirements of s. 129.03(3)(b). Except for those taxing
 1032  authorities proposing to levy ad valorem taxes for the first
 1033  time, the following statement shall appear in the budget summary
 1034  in boldfaced type immediately following the heading, if the
 1035  applicable percentage is greater than zero:
 1036  
 1037         THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of
 1038  taxing authority)... ARE ...(percent rounded to one decimal
 1039  place)... MORE THAN LAST YEAR’S TOTAL OPERATING EXPENDITURES.
 1040  
 1041  For purposes of this paragraph, “proposed operating budget
 1042  expenditures” or “operating expenditures” means all moneys of
 1043  the local government, including dependent special districts,
 1044  that:
 1045         1. Were or could be expended during the applicable fiscal
 1046  year, or
 1047         2. Were or could be retained as a balance for future
 1048  spending in the fiscal year.
 1049  
 1050  Provided, however, those moneys held in or used in trust,
 1051  agency, or internal service funds, and expenditures of bond
 1052  proceeds for capital outlay or for advanced refunded debt
 1053  principal, shall be excluded.
 1054         Section 20. Paragraph (c) of subsection (1) of section
 1055  338.223, Florida Statutes, is amended to read:
 1056         338.223 Proposed turnpike projects.—
 1057         (1)
 1058         (c) Prior to requesting legislative approval of a proposed
 1059  turnpike project, the environmental feasibility of the proposed
 1060  project shall be reviewed by the Department of Environmental
 1061  Protection. The department shall submit its Project Development
 1062  and Environmental Report to the Department of Environmental
 1063  Protection, along with a draft copy of a public notice. Within
 1064  14 days of receipt of the draft public notice, the Department of
 1065  Environmental Protection shall return the draft public notice to
 1066  the Department of Transportation with an approval of the
 1067  language or modifications to the language. Upon receipt of the
 1068  approved or modified draft, or if no comments are provided
 1069  within 14 days, the Department of Transportation shall publish
 1070  the notice as provided in chapter 50 in a newspaper to provide a
 1071  30-day public comment period. If published in the print edition
 1072  of a newspaper, the headline of the required notice shall be in
 1073  a type no smaller than 18 point,. The notice shall be placed in
 1074  that portion of the newspaper where legal notices appear, and .
 1075  The notice shall be published in a newspaper of general
 1076  circulation in the county or counties of general interest and
 1077  readership in the community as provided in s. 50.031, not one of
 1078  limited subject matter. Whenever possible, the notice shall
 1079  appear in a newspaper that is published at least weekly 5 days a
 1080  week. All notices published pursuant to this section The notice
 1081  shall include, at a minimum but is not limited to, the following
 1082  information:
 1083         1. The purpose of the notice is to provide for a 30-day
 1084  period for written public comments on the environmental impacts
 1085  of a proposed turnpike project.
 1086         2. The name and description of the project, along with a
 1087  geographic location map clearly indicating the area where the
 1088  proposed project will be located.
 1089         3. The address where such comments must be sent and the
 1090  date such comments are due.
 1091  
 1092  After a review of the department’s report and any public
 1093  comments, the Department of Environmental Protection shall
 1094  submit a statement of environmental feasibility to the
 1095  department within 30 days after the date on which public
 1096  comments are due. The notice and the statement of environmental
 1097  feasibility shall not give rise to any rights to a hearing or
 1098  other rights or remedies provided pursuant to chapter 120 or
 1099  chapter 403, and shall not bind the Department of Environmental
 1100  Protection in any subsequent environmental permit review.
 1101         Section 21. Subsection (3) of section 348.0308, Florida
 1102  Statutes, is amended to read:
 1103         348.0308 Public-private partnership.—The Legislature
 1104  declares that there is a public need for the rapid construction
 1105  of safe and efficient transportation facilities for traveling
 1106  within the state and that it is in the public’s interest to
 1107  provide for public-private partnership agreements to effectuate
 1108  the construction of additional safe, convenient, and economical
 1109  transportation facilities.
 1110         (3) The agency may request proposals for public-private
 1111  transportation projects or, if it receives an unsolicited
 1112  proposal, it must publish a notice in the Florida Administrative
 1113  Register and, as provided in chapter 50, by Internet publication
 1114  or by print in a newspaper of general circulation in the county
 1115  in which the project it is located at least once a week for 2
 1116  weeks stating that it has received the proposal and will accept,
 1117  for 60 days after the initial date of publication, other
 1118  proposals for the same project purpose. A copy of the notice
 1119  must be mailed to each local government in the affected areas.
 1120  After the public notification period has expired, the agency
 1121  shall rank the proposals in order of preference. In ranking the
 1122  proposals, the agency shall consider professional
 1123  qualifications, general business terms, innovative engineering
 1124  or cost-reduction terms, finance plans, and the need for state
 1125  funds to deliver the proposal. If the agency is not satisfied
 1126  with the results of the negotiations, it may, at its sole
 1127  discretion, terminate negotiations with the proposer. If these
 1128  negotiations are unsuccessful, the agency may go to the second
 1129  and lower-ranked firms, in order, using the same procedure. If
 1130  only one proposal is received, the agency may negotiate in good
 1131  faith, and if it is not satisfied with the results, it may, at
 1132  its sole discretion, terminate negotiations with the proposer.
 1133  The agency may, at its discretion, reject all proposals at any
 1134  point in the process up to completion of a contract with the
 1135  proposer.
 1136         Section 22. Subsection (3) of section 348.635, Florida
 1137  Statutes, is amended to read:
 1138         348.635 Public-private partnership.—The Legislature
 1139  declares that there is a public need for the rapid construction
 1140  of safe and efficient transportation facilities for traveling
 1141  within the state and that it is in the public’s interest to
 1142  provide for public-private partnership agreements to effectuate
 1143  the construction of additional safe, convenient, and economical
 1144  transportation facilities.
 1145         (3) The authority may request proposals for public-private
 1146  transportation projects or, if it receives an unsolicited
 1147  proposal, it must publish a notice in the Florida Administrative
 1148  Register and, as provided in chapter 50, by either Internet
 1149  publication or by print in and a newspaper of general
 1150  circulation in the county in which the project it is located at
 1151  least once a week for 2 weeks stating that it has received the
 1152  proposal and will accept, for 60 days after the initial date of
 1153  publication, other proposals for the same project purpose. A
 1154  copy of the notice must be mailed to each local government in
 1155  the affected areas. After the public notification period has
 1156  expired, the authority shall rank the proposals in order of
 1157  preference. In ranking the proposals, the authority shall
 1158  consider professional qualifications, general business terms,
 1159  innovative engineering or cost-reduction terms, finance plans,
 1160  and the need for state funds to deliver the proposal. If the
 1161  authority is not satisfied with the results of the negotiations,
 1162  it may, at its sole discretion, terminate negotiations with the
 1163  proposer. If these negotiations are unsuccessful, the authority
 1164  may go to the second and lower-ranked firms, in order, using the
 1165  same procedure. If only one proposal is received, the authority
 1166  may negotiate in good faith, and if it is not satisfied with the
 1167  results, it may, at its sole discretion, terminate negotiations
 1168  with the proposer. The authority may, at its discretion, reject
 1169  all proposals at any point in the process up to completion of a
 1170  contract with the proposer.
 1171         Section 23. Subsection (3) of section 348.7605, Florida
 1172  Statutes, is amended to read:
 1173         348.7605 Public-private partnership.—The Legislature
 1174  declares that there is a public need for the rapid construction
 1175  of safe and efficient transportation facilities for traveling
 1176  within the state and that it is in the public’s interest to
 1177  provide for public-private partnership agreements to effectuate
 1178  the construction of additional safe, convenient, and economical
 1179  transportation facilities.
 1180         (3) The authority may request proposals for public-private
 1181  transportation projects or, if it receives an unsolicited
 1182  proposal, it must publish a notice in the Florida Administrative
 1183  Register and, as provided in chapter 50, by either Internet
 1184  publication or by print in a newspaper of general circulation in
 1185  the county in which the project it is located at least once a
 1186  week for 2 weeks stating that it has received the proposal and
 1187  will accept, for 60 days after the initial date of publication,
 1188  other proposals for the same project purpose. A copy of the
 1189  notice must be mailed to each local government in the affected
 1190  areas. After the public notification period has expired, the
 1191  authority shall rank the proposals in order of preference. In
 1192  ranking the proposals, the authority shall consider professional
 1193  qualifications, general business terms, innovative engineering
 1194  or cost-reduction terms, finance plans, and the need for state
 1195  funds to deliver the proposal. If the authority is not satisfied
 1196  with the results of the negotiations, it may, at its sole
 1197  discretion, terminate negotiations with the proposer. If these
 1198  negotiations are unsuccessful, the authority may go to the
 1199  second and lower-ranked firms, in order, using the same
 1200  procedure. If only one proposal is received, the authority may
 1201  negotiate in good faith, and if it is not satisfied with the
 1202  results, it may, at its sole discretion, terminate negotiations
 1203  with the proposer. The authority may, at its discretion, reject
 1204  all proposals at any point in the process up to completion of a
 1205  contract with the proposer.
 1206         Section 24. Section 373.0397, Florida Statutes, is amended
 1207  to read:
 1208         373.0397 Floridan and Biscayne aquifers; designation of
 1209  prime groundwater recharge areas.—Upon preparation of an
 1210  inventory of prime groundwater recharge areas for the Floridan
 1211  or Biscayne aquifers, but prior to adoption by the governing
 1212  board, the water management district shall publish a legal
 1213  notice of public hearing on the designated areas for the
 1214  Floridan and Biscayne aquifers, with a map delineating the
 1215  boundaries of the areas, as provided in newspapers defined in
 1216  chapter 50 as having general circulation within the area to be
 1217  affected. The notice shall be at least one-fourth page and shall
 1218  read as follows:
 1219  
 1220                      NOTICE OF PRIME RECHARGE                     
 1221                          AREA DESIGNATION                         
 1222  
 1223         The ...(name of taxing authority)... proposes to designate
 1224  specific land areas as areas of prime recharge to the ...(name
 1225  of aquifer)... Aquifer.
 1226         All concerned citizens are invited to attend a public
 1227  hearing on the proposed designation to be held on ...(date and
 1228  time)... at ...(meeting place)....
 1229         A map of the affected areas follows.
 1230  
 1231  The governing board of the water management district shall adopt
 1232  a designation of prime groundwater recharge areas to the
 1233  Floridan and Biscayne aquifers by rule within 120 days after the
 1234  public hearing, subject to the provisions of chapter 120.
 1235         Section 25. Section 373.146, Florida Statutes, is amended
 1236  to read:
 1237         373.146 Publication of notices, process, and papers.—
 1238         (1) Whenever in this chapter the publication of any notice,
 1239  process, or paper is required or provided for, unless otherwise
 1240  provided by law, the publication thereof in some newspaper or
 1241  newspapers as provided defined in chapter 50 is having general
 1242  circulation within the area to be affected shall be taken and
 1243  considered as being sufficient.
 1244         (2) Notwithstanding any other provision of law to the
 1245  contrary, and except in the case of emergency meetings, water
 1246  management districts may provide reasonable notice of public
 1247  meetings held to evaluate responses to solicitations issued by
 1248  the water management district, by publication as provided in
 1249  chapter 50 in a newspaper of general paid circulation in the
 1250  county where the principal office of the water management
 1251  district is located, or in the county or counties where the
 1252  public work will be performed, no less than 7 days before such
 1253  meeting.
 1254         Section 26. Subsection (12) of section 403.722, Florida
 1255  Statutes, is amended to read:
 1256         403.722 Permits; hazardous waste disposal, storage, and
 1257  treatment facilities.—
 1258         (12) On the same day of filing with the department of an
 1259  application for a permit for the construction modification, or
 1260  operation of a hazardous waste facility, the applicant shall
 1261  notify each city and county within 1 mile of the facility of the
 1262  filing of the application and shall publish notice of the filing
 1263  of the application. The applicant shall publish a second notice
 1264  of the filing within 14 days after the date of filing. Each
 1265  notice shall be published as provided in chapter 50 in a
 1266  newspaper of general circulation in the county in which the
 1267  facility is located or is proposed to be located.
 1268  Notwithstanding the provisions of chapter 50, for purposes of
 1269  this section, a “newspaper of general circulation” shall be the
 1270  newspaper within the county in which the installation or
 1271  facility is proposed which has the largest daily circulation in
 1272  that county and has its principal office in that county. If the
 1273  newspaper with the largest daily circulation has its principal
 1274  office outside the county, the notice shall appear in both the
 1275  newspaper with the largest daily circulation in that county, and
 1276  a newspaper authorized to publish legal notices in that county.
 1277  The notice shall contain:
 1278         (a) The name of the applicant and a brief description of
 1279  the project and its location.
 1280         (b) The location of the application file and when it is
 1281  available for public inspection.
 1282  
 1283  The notice shall be prepared by the applicant and shall comply
 1284  with the following format:
 1285  
 1286                        Notice of Application                      
 1287  The Department of Environmental Protection announces receipt of
 1288  an application for a permit from ...(name of applicant)... to
 1289  ...(brief description of project).... This proposed project will
 1290  be located at ...(location)... in ...(county)... ...(city)....
 1291  
 1292  This application is being processed and is available for public
 1293  inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
 1294  Monday through Friday, except legal holidays, at ...(name and
 1295  address of office)....
 1296         Section 27. Paragraph (b) of subsection (3) of section
 1297  712.06, Florida Statutes, is amended to read:
 1298         712.06 Contents of notice; recording and indexing.—
 1299         (3) The person providing the notice referred to in s.
 1300  712.05, other than a notice for preservation of a community
 1301  covenant or restriction, shall:
 1302         (b) Publish the notice referred to in s. 712.05 by Internet
 1303  publication as provided in s. 50.0211(5) or printed once a week,
 1304  for 2 consecutive weeks, in a newspaper as defined in chapter
 1305  50, the notice referred to in s. 712.05, with the official
 1306  record book and page number in which such notice was recorded,
 1307  in a newspaper as defined in chapter 50 in the county in which
 1308  the property is located.
 1309         Section 28. Subsection (5) of section 849.38, Florida
 1310  Statutes, is amended to read:
 1311         849.38 Proceedings for forfeiture; notice of seizure and
 1312  order to show cause.—
 1313         (5) If the value of the property seized is shown by the
 1314  sheriff’s return to have an appraised value of $1,000 or less,
 1315  the above citation shall be served by posting at three public
 1316  places in the county, one of which shall be the front door of
 1317  the courthouse; if the value of the property is shown by the
 1318  sheriff’s return to have an approximate value of more than
 1319  $1,000, the citation shall be published by print or posted for
 1320  at least 2 consecutive weeks on a newspaper’s website and the
 1321  statewide legal notice website in accordance with s. 50.0211(5).
 1322  If published in print, the citation shall appear at least once
 1323  each week for 2 consecutive weeks in a some newspaper of general
 1324  publication published in the county, if there is be such a
 1325  newspaper published in the county. and If there is no newspaper
 1326  of general circulation not, the then said notice of such
 1327  publication shall be made by certificate of the clerk if
 1328  publication is made by posting, and by affidavit as provided in
 1329  chapter 50, if made by publication as provided in chapter 50 in
 1330  a newspaper, which affidavit or certificate shall be filed and
 1331  become a part of the record in the cause. Failure of the record
 1332  to show proof of such publication shall not affect any judgment
 1333  made in the cause unless it shall affirmatively appear that no
 1334  such publication was made.
 1335         Section 29. Paragraph (a) of subsection (3) of section
 1336  865.09, Florida Statutes, is amended to read:
 1337         865.09 Fictitious name registration.—
 1338         (3) REGISTRATION.—
 1339         (a) A person may not engage in business under a fictitious
 1340  name unless the person first registers the name with the
 1341  division by filing a registration listing:
 1342         1. The name to be registered.
 1343         2. The mailing address of the business.
 1344         3. The name and address of each registrant.
 1345         4. If the registrant is a business entity that was required
 1346  to file incorporation or similar documents with its state of
 1347  organization when it was organized, such entity must be
 1348  registered with the division and in active status with the
 1349  division; provide its Florida document registration number; and
 1350  provide its federal employer identification number if the entity
 1351  has such a number.
 1352         5. Certification by at least one registrant that the
 1353  intention to register such fictitious name has been advertised
 1354  as provided at least once in a newspaper as defined in chapter
 1355  50 in the county in which the principal place of business of the
 1356  registrant is or will be located.
 1357         6. Any other information the division may reasonably deem
 1358  necessary to adequately inform other governmental agencies and
 1359  the public as to the registrant so conducting business.
 1360         Section 30. Paragraph (a) of subsection (6) of section
 1361  932.704, Florida Statutes, is amended to read:
 1362         932.704 Forfeiture proceedings.—
 1363         (6)(a) If the property is required by law to be titled or
 1364  registered, or if the owner of the property is known in fact to
 1365  the seizing agency, or if the seized property is subject to a
 1366  perfected security interest in accordance with the Uniform
 1367  Commercial Code, chapter 679, the attorney for the seizing
 1368  agency shall serve the forfeiture complaint as an original
 1369  service of process under the Florida Rules of Civil Procedure
 1370  and other applicable law to each person having an ownership or
 1371  security interest in the property. The seizing agency shall also
 1372  publish, in accordance with chapter 50, notice of the forfeiture
 1373  complaint for 2 consecutive weeks on a newspaper’s website and
 1374  the statewide legal notice website in accordance with s.
 1375  50.0211(5) or, if published in print, once each week for 2
 1376  consecutive weeks in a newspaper of general circulation, as
 1377  defined in s. 165.031, in the county where the seizure occurred.
 1378         Section 31. This act shall take effect July 1, 2022.
 1379  
 1380  ================= T I T L E  A M E N D M E N T ================
 1381  And the title is amended as follows:
 1382         Delete everything before the enacting clause
 1383  and insert:
 1384                        A bill to be entitled                      
 1385         An act relating to legal notices; amending s. 50.011,
 1386         F.S.; revising requirements for newspapers that are
 1387         qualified to publish legal notices; authorizing the
 1388         Internet publication of legal notices on certain
 1389         websites in lieu of print publication in a newspaper;
 1390         amending s. 50.021, F.S.; conforming provisions to
 1391         changes made by the act; amending s. 50.0211, F.S.;
 1392         defining the term “governmental agency”; requiring the
 1393         Florida Press Association to consult with the Black
 1394         Press Association of Florida for a specified purpose;
 1395         authorizing a governmental agency to choose between
 1396         print publication or Internet-only publication of
 1397         legal notices with specified newspapers if certain
 1398         conditions are met; specifying requirements for the
 1399         placement, format, and accessibility of any such legal
 1400         notices; requiring the newspaper to display a
 1401         specified disclaimer regarding the posting of legal
 1402         notices; authorizing a newspaper to charge for
 1403         Internet-only publication, subject to specified
 1404         limitations; specifying applicable penalties for
 1405         unauthorized rebates, commissions, or refunds in
 1406         connection with publication charges; requiring a
 1407         governmental agency that publishes certain legal
 1408         notices by Internet-only publication to publish a
 1409         specified notice in the print edition of a local
 1410         newspaper; amending s. 50.031, F.S.; conforming
 1411         provisions to changes made by the act; amending ss.
 1412         50.041 and 50.051, F.S.; revising provisions governing
 1413         the uniform affidavit establishing proof of
 1414         publication to conform to changes made by the act;
 1415         amending ss. 11.02, 120.81, 121.0511, 121.055, 125.66,
 1416         162.12, 166.041, 189.015, 190.005, 190.046, 194.037,
 1417         197.402, 200.065, 338.223, 348.0308, 348.635,
 1418         348.7605, 373.0397, 373.146, 403.722, 712.06, 849.38,
 1419         865.09, and 932.704, F.S.; conforming provisions to
 1420         changes made by the act; providing an effective date.