Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 402
Ì608062ÈÎ608062
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/19/2021 .
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The Committee on Judiciary (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 28.46, Florida Statutes, is created to
6 read:
7 28.46 Felon financial obligations website.—The Florida
8 Association of Court Clerks and Comptrollers, Inc., or a
9 contractor selected by the association, shall establish and
10 maintain an Internet database that aggregates amounts of
11 financial obligations owed by persons who are convicted of a
12 felony.
13 (1) For each person convicted of a felony, the amounts owed
14 must be detailed based on the following categories:
15 (a) The amount owed in order to satisfy completion of all
16 terms of a sentence as provided in sentencing documents, which
17 must detail the amounts owed for restitution, fines, and fees as
18 described in s. 98.0751(2)(a)5.a. and b.
19 (b) The amount of all other financial obligations owed
20 which accrue after the date an obligation is ordered as part of
21 a sentence, which must detail the amounts described in s.
22 98.0751(2)(a)5.c.
23 (2) The information on the website must be in a searchable
24 format that allows a person convicted of a felony to quickly
25 identify his or her outstanding financial obligations resulting
26 from the felony conviction. Additionally, the website must
27 include a disclaimer stating that while the information on the
28 website regarding a person’s outstanding financial obligations
29 may help to facilitate the restoration of a person’s voting
30 rights, the Department of State is responsible for determining a
31 person’s eligibility to vote.
32 (3) The website must contain data for persons sentenced for
33 a felony on or after October 1, 2021, or released from
34 incarceration for a felony on or after October 1, 2021.
35 (4) Funding for the website shall be as provided under s.
36 50.0311(4).
37 Section 2. Section 50.011, Florida Statutes, is amended to
38 read:
39 50.011 Publication of Where and in what language legal
40 notices to be published.—Whenever by statute an official or
41 legal advertisement or a publication, or notice in a newspaper
42 or the legal notice website established pursuant to s. 50.0311,
43 has been or is directed or permitted in the nature of or in lieu
44 of process, or for constructive service, or in initiating,
45 assuming, reviewing, exercising or enforcing jurisdiction or
46 power, or for any purpose, including all legal notices and
47 advertisements of sheriffs and tax collectors, the
48 contemporaneous and continuous intent and meaning of such
49 legislation all and singular, existing or repealed, is and has
50 been and is hereby declared to be and to have been, and the rule
51 of interpretation is and has been the following:,
52 (1) A publication in a newspaper printed and published
53 periodically at least once a week or oftener, containing at
54 least 25 percent of its words in the English language, entered
55 or qualified to be admitted and entered as periodicals matter at
56 a post office in the county where published, for sale to the
57 public generally, available to the public generally for the
58 publication of official or other notices and customarily
59 containing information of a public character or of interest or
60 of value to the residents or owners of property in the county
61 where published, or of interest or of value to the general
62 public; or
63 (2) On the legal notice website established pursuant to s.
64 50.0311.
65 Section 3. Section 50.021, Florida Statutes, is amended to
66 read:
67 50.021 Publication when no newspaper in county.—When any
68 law, or order or decree of court, directs shall direct
69 advertisements to be made in a any county and there is be no
70 newspaper published in the said county, the advertisement may be
71 posted on the legal notice website as provided in s. 50.0311 or
72 made by posting three copies thereof in three different places
73 in the said county, one of which shall be at the front door of
74 the courthouse, and by publication in the nearest county in
75 which a newspaper is published.
76 Section 4. Subsections (2) and (3) of section 50.0211,
77 Florida Statutes, are amended to read:
78 50.0211 Internet website publication.—
79 (2) If a governmental agency publishes a legal notice in a
80 newspaper, each legal notice must be posted on the newspaper’s
81 website on the same day that the printed notice appears in the
82 newspaper, at no additional charge, on in a separate web page
83 titled “Legal Notices,” “Legal Advertising,” or comparable
84 identifying language. A link to the legal notices web page shall
85 be provided on the front page of the newspaper’s website which
86 that provides access to the legal notices. If there is a
87 specified size and placement required for a printed legal
88 notice, the size and placement of the notice on the newspaper’s
89 website must optimize its online visibility in keeping with the
90 print requirements. The newspaper’s web pages that contain legal
91 notices must present the legal notices as the dominant and
92 leading subject matter of those pages. The newspaper’s website
93 must contain a search function to facilitate searching the legal
94 notices. A fee may not be charged, and registration may not be
95 required, for viewing or searching legal notices on a
96 newspaper’s website if the legal notice is published in a
97 newspaper.
98 (3)(a) If a legal notice is published in a newspaper, the
99 newspaper publishing the notice shall place the notice on the
100 statewide website established and maintained as an initiative of
101 the Florida Press Association as a repository for such notices
102 located at the following address: www.floridapublicnotices.com.
103 (b) A legal notice placed on the statewide website created
104 under this subsection must be:
105 1. Accessible and searchable by party name and case number.
106 2. Posted for a period of at least 90 consecutive days
107 after the first day of posting.
108 (c) The statewide website created under this subsection
109 shall maintain a searchable archive of all legal notices posted
110 on the publicly accessible website on or after October 1, 2014,
111 for 18 months after the first day of posting. Such searchable
112 archive shall be provided and accessible to the general public
113 without charge.
114 Section 5. Section 50.031, Florida Statutes, is amended to
115 read:
116 50.031 Newspapers in which legal notices and process may be
117 published.—If a governmental agency publishes a legal notice in
118 a newspaper, no notice or publication required to be published
119 in a newspaper in the nature of or in lieu of process of any
120 kind, nature, character, or description provided for under any
121 law of the state, whether heretofore or hereafter enacted, and
122 whether pertaining to constructive service, or the initiating,
123 assuming, reviewing, exercising, or enforcing jurisdiction or
124 power, by any court in this state, or any notice of sale of
125 property, real or personal, for taxes, state, county or
126 municipal, or sheriff’s, guardian’s, or administrator’s or any
127 sale made pursuant to any judicial order, decree, or statute or
128 any other publication or notice pertaining to any affairs of the
129 state, or any county, municipality, or other political
130 subdivision thereof, shall be deemed to have been published in
131 accordance with the statutes providing for such publication,
132 unless the notice has same shall have been published for the
133 prescribed period of time required for such publication, in a
134 newspaper which at the time of such publication has shall have
135 been in existence for 1 year and shall have been entered as
136 periodicals matter at a post office in the county where
137 published, or in a newspaper that which is a direct successor of
138 a newspaper which together have been so published; provided,
139 however, that this section does not apply to nothing herein
140 contained shall apply where in any county where there shall be
141 no newspaper exists that has been in existence which shall have
142 been published for the prescribed length of time above
143 prescribed. No legal publication of any kind, nature, or
144 description, as herein defined, shall be valid or binding or
145 held to be in compliance with the statutes providing for such
146 publication unless the same shall have been published in
147 accordance with the provisions of this section or s. 50.0311.
148 Proof of such publication shall be made by uniform affidavit.
149 Section 6. Section 50.0311, Florida Statutes, is created to
150 read:
151 50.0311 Statewide legal notice website.—
152 (1) For purposes of this chapter, the term:
153 (a) “Association” means the Florida Association of Court
154 Clerks and Comptrollers, Inc.
155 (b) “Governmental agency” means a county, municipality,
156 school board, or other unit of local government or political
157 subdivision in this state.
158 (2)(a) The association shall establish a legal notice
159 website to serve as a centralized statewide repository for the
160 publication of any advertisement or public notice by a
161 governmental agency or a party to litigation which would
162 otherwise be required by law to be published in a newspaper. The
163 advertisement or public notice must be posted to the website
164 following the governmental agency’s payment of a fee established
165 by the association. The fee charged for publishing an
166 advertisement or a public notice may not exceed the amount for
167 charges authorized in s. 50.061. The maximum fee may be adjusted
168 by the association, upon approval by the Legislative Budget
169 Commission. A governmental agency may publish the advertisement
170 or public notice in at least one newspaper of general
171 circulation in the affected county in lieu of website
172 publication.
173 (b) Notwithstanding any other law, an advertisement or a
174 legal notice may be published on the statewide legal notice
175 website in lieu of an advertisement or a notice in a newspaper
176 if the advertisement or notice is posted on the website for an
177 adequate time before any proposed action specified in the
178 advertisement or notice is taken. For an advertisement or a
179 notice required to be published only once, the advertisement or
180 notice is deemed to be posted for an adequate time if it is
181 posted and continuously available on the website for at least 7
182 days before any proposed action; 1 week for each weekly
183 advertisement or notice that would have otherwise been published
184 in a newspaper; and 1 month for each monthly notice that would
185 have otherwise been published in a newspaper.
186 (3)(a) The legal notice website must be operated by the
187 association or by a contractor selected by the association. The
188 website operating costs may not exceed 15 percent of the revenue
189 from fees for advertisements and public notices published on the
190 website. The association must publicize the existence of the
191 website and its web address on at least a monthly basis through
192 publishing a notice in at least one newspaper of general
193 circulation in each county of this state, and each clerk of
194 court must post a clear written notice at the entrance of each
195 county courthouse and each annex containing court facilities. A
196 governmental agency that posts advertisements or notices on the
197 legal notice website must also include such advertisements or
198 notices, or additional information pertaining to such
199 advertisements or notices, on the governmental agency’s official
200 website.
201 (b) The legal notice website must be accessible and
202 searchable by the public.
203 1. The advertisements and legal notices must be searchable
204 by case number; party name; party type; purpose; the county,
205 municipality, or other relevant geographic area or political
206 subdivision affected; the initial date of posting or
207 publication; and any other criteria that facilitates notice and
208 public access.
209 2. Each advertisement and notice must include its initial
210 date of publication or posting and remain available on the
211 website for at least 2 years after such date.
212 (4) All revenue from fees collected for postings on the
213 legal notice website which is in excess of the operating costs
214 for the legal notice website must be used toward the felon
215 financial obligations website operated by the association
216 pursuant to s. 28.46. However, the operating costs of the felon
217 financial obligations website may not exceed 50 percent of
218 excess revenue remaining after any deductions made pursuant to
219 subsection (3).
220 (5) Fifty percent of any excess revenue remaining after
221 deducting operating costs for the felon financial obligations
222 website shall be deposited into the Clerks of the Court Trust
223 Fund in the Department of Revenue and the remaining 50 percent
224 shall be deposited into the General Revenue Fund. Fifteen
225 percent of such excess revenue from fees collected in any fiscal
226 year may be pledged for the operation of the legal notice
227 website.
228 Section 7. Section 50.041, Florida Statutes, is amended to
229 read:
230 50.041 Proof of publication; uniform affidavits required.—
231 (1) All affidavits of publishers of newspapers (or their
232 official representatives) made for the purpose of establishing
233 proof of publication of public notices or legal advertisements
234 shall be uniform throughout the state.
235 (2) Each such affidavit shall be printed upon white paper
236 and shall be 8 1/2 inches in width and of convenient length, not
237 less than 5 1/2 inches. A white margin of not less than 2 1/2
238 inches shall be left at the right side of each affidavit form
239 and upon or in this space shall be substantially pasted a
240 clipping which shall be a true copy of the public notice or
241 legal advertisement for which proof is executed. Alternatively,
242 the affidavit may be provided in electronic rather than paper
243 form, provided the notarization of the affidavit complies with
244 the requirements of s. 117.021.
245 (3) In all counties having a population in excess of
246 450,000 according to the latest official decennial census, in
247 addition to the charges which are now or may hereafter be
248 established by law for the publication of every official notice
249 or legal advertisement, There may be a charge not to exceed $2
250 levied for the preparation and execution of each such proof of
251 publication or publisher’s affidavit.
252 Section 8. Section 50.051, Florida Statutes, is amended to
253 read:
254 50.051 Proof of publication; form of uniform affidavit.—The
255 printed form upon which all such affidavits establishing proof
256 of publication are to be executed shall be substantially as
257 follows:
258 NAME OF COUNTY NEWSPAPER
259 Published (Weekly or Daily)
260 (Town or City) (County) FLORIDA
261 STATE OF FLORIDA
262
263 COUNTY OF ....:
264 Before the undersigned authority personally appeared ....,
265 who on oath says that he or she is .... of the ...., a ....
266 newspaper published at .... in .... County, Florida; that the
267 attached copy of advertisement, being a .... in the matter of
268 .... in the .... Court, was published on the legal notice
269 website maintained by the Florida Association of Court Clerks
270 and Comptrollers, Inc., or in a said newspaper. in the issues of
271 .....
272 Affiant further says that the website or newspaper complies
273 with all legal requirements for publication in chapter 50,
274 Florida Statutes said .... is a newspaper published at ...., in
275 said .... County, Florida, and that the said newspaper has
276 heretofore been continuously published in said .... County,
277 Florida, each .... and has been entered as periodicals matter at
278 the post office in ...., in said .... County, Florida, for a
279 period of 1 year next preceding the first publication of the
280 attached copy of advertisement; and affiant further says that he
281 or she has neither paid nor promised any person, firm or
282 corporation any discount, rebate, commission or refund for the
283 purpose of securing this advertisement for publication in the
284 said newspaper.
285
286 Sworn to and subscribed before me this .... day of ....,
287 ...(year)..., by ...., who is personally known to me or who has
288 produced (type of identification) as identification.
289
290 ...(Signature of Notary Public)...
291
292 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
293
294 ...(Notary Public)...
295 Section 9. Section 50.0711, Florida Statutes, is amended to
296 read:
297 50.0711 Court docket fund; service charges; publications.—
298 (1) The clerk of the court in each county may establish a
299 court docket fund for the purpose of paying the cost of
300 publication of the fact of the filing of any civil case in the
301 circuit court of the county by the style and of the calendar
302 relating to such cases. This court docket fund shall be funded
303 by $1 mandatory court cost for all civil actions, suits, or
304 proceedings filed in the circuit court of the county. The clerk
305 shall maintain such funds separate and apart, and the proceeds
306 from this court cost shall not be diverted to any other fund or
307 for any purpose other than that established in this section. The
308 clerk of the court shall dispense the fund to the operators of
309 the legal notice website established in s. 50.0311 or the
310 designated record newspaper in the county on a quarterly basis.
311 (2) If a judicial circuit publishes legal notices in a
312 newspaper, a newspaper qualified under the terms of s. 50.011
313 shall be designated as the record newspaper for such publication
314 by an order of the majority of the judges in the judicial
315 circuit in which such county is located, and such order shall be
316 filed and recorded with the clerk of the circuit court for such
317 county. The designated record newspaper may be changed at the
318 end of any fiscal year of the county by a majority vote of the
319 judges of the judicial circuit of the county ordering such
320 change 30 days before prior to the end of the fiscal year,
321 notice of which order shall be given to the previously
322 designated record newspaper.
323 (3) The publishers of any designated record newspapers, or
324 the legal notice website, receiving payment from this court
325 docket fund shall publish, without additional charge, the fact
326 of the filing of any civil case, suit, or action filed in such
327 county in the circuit. Such publication must shall be in
328 accordance with a schedule agreed upon between the Florida
329 Association of Court Clerks and Comptrollers, Inc., for notices
330 published on the legal notice website, or the record newspaper
331 and the clerk of the court in such county.
332 (4) The legal notice website or the publishers of any
333 designated record newspapers receiving revenues from the court
334 docket fund established in subsection (1) shall, without charge,
335 accept legal advertisements for the purpose of service of
336 process by publication under s. 49.011(4), (10), and (11) when
337 such publication is required of persons authorized to proceed as
338 indigent persons under s. 57.081.
339 Section 10. Subsection (4) of section 83.806, Florida
340 Statutes, is amended to read:
341 83.806 Enforcement of lien.—An owner’s lien as provided in
342 s. 83.805 may be satisfied as follows:
343 (4) After the expiration of the time given in the notice,
344 an advertisement of the sale or other disposition shall be
345 published once a week for 2 consecutive weeks in a newspaper of
346 general circulation in the area where the self-service storage
347 facility or self-contained storage unit is located or published
348 continuously for 14 consecutive days on the legal notice website
349 established pursuant to s. 50.0311.
350 (a) A lien sale may be conducted on a public website that
351 customarily conducts personal property auctions. The facility or
352 unit owner is not required to hold a license to post property
353 for online sale. Inasmuch as any sale may involve property of
354 more than one tenant, a single advertisement may be used to
355 dispose of property at any one sale.
356 (b) The advertisement must shall include:
357 1. A brief and general description of what is believed to
358 constitute the personal property contained in the storage unit,
359 as provided in paragraph (2)(b).
360 2. The address of the self-service storage facility or the
361 address where the self-contained storage unit is located and the
362 name of the tenant.
363 3. The time, place, and manner of the sale or other
364 disposition. The sale or other disposition shall take place at
365 least 15 days after the first publication.
366 (c) If there is no newspaper of general circulation in the
367 area where the self-service storage facility or self-contained
368 storage unit is located, the advertisement shall be posted at
369 least 10 days before the date of the sale or other disposition
370 in at least three conspicuous places in the neighborhood where
371 the self-service storage facility or self-contained storage unit
372 is located or published continuously for 14 consecutive days on
373 the legal notice website established pursuant to s. 50.0311.
374 Section 11. Subsection (11) of section 775.089, Florida
375 Statutes, is amended to read:
376 775.089 Restitution.—
377 (11)(a) The court shall may order the clerk of the court to
378 collect and dispense restitution payments in any felony case
379 unless the court orders the Department of Corrections to collect
380 and remit the restitution payments. The court may order the
381 clerk of the court to collect and disburse restitution in any
382 misdemeanor or civil case.
383 (b) The court may order the Department of Corrections to
384 collect and dispense restitution and other payments from persons
385 remanded to its custody or supervision. If the Department of
386 Corrections is ordered to collect and remit restitution payments
387 or any other payments, it must report the amounts collected and
388 disbursed on a monthly basis to the Florida Association of Court
389 Clerks and Comptrollers, Inc., in the form and detail required
390 by the association for purposes of posting on the felon
391 financial obligations website established under s. 28.46.
392 Section 12. Section 11.02, Florida Statutes, is amended to
393 read:
394 11.02 Notice of special or local legislation or certain
395 relief acts.—The notice required to obtain special or local
396 legislation or any relief act specified in s. 11.065 shall be by
397 publishing the identical notice in each county involved in some
398 newspaper as provided defined in chapter 50 published in or
399 circulated throughout the county or counties where the matter or
400 thing to be affected by such legislation shall be situated one
401 time at least 30 days before introduction of the proposed law
402 into the Legislature or, if the notice is not posted on the
403 legal notice website established pursuant to s. 50.0311 and
404 there being no newspaper circulated throughout or published in
405 the county, by posting for at least 30 days at not less than
406 three public places in the county or each of the counties, one
407 of which places shall be at the courthouse in the county or
408 counties where the matter or thing to be affected by such
409 legislation shall be situated. Notice of special or local
410 legislation shall state the substance of the contemplated law,
411 as required by s. 10, Art. III of the State Constitution. Notice
412 of any relief act specified in s. 11.065 shall state the name of
413 the claimant, the nature of the injury or loss for which the
414 claim is made, and the amount of the claim against the affected
415 municipality’s revenue-sharing trust fund.
416 Section 13. Subsection (2) of section 45.031, Florida
417 Statutes, is amended to read:
418 45.031 Judicial sales procedure.—In any sale of real or
419 personal property under an order or judgment, the procedures
420 provided in this section and ss. 45.0315-45.035 may be followed
421 as an alternative to any other sale procedure if so ordered by
422 the court.
423 (2) PUBLICATION OF SALE.—Notice of sale shall be published
424 on the legal notice website established pursuant to s. 50.0311
425 for at least 2 consecutive weeks before the sale or once a week
426 for 2 consecutive weeks in a newspaper of general circulation,
427 as provided defined in chapter 50, published in the county where
428 the sale is to be held. The second publication by newspaper
429 shall be at least 5 days before the sale. The notice shall
430 contain:
431 (a) A description of the property to be sold.
432 (b) The time and place of sale.
433 (c) A statement that the sale will be made pursuant to the
434 order or final judgment.
435 (d) The caption of the action.
436 (e) The name of the clerk making the sale.
437 (f) A statement that any person claiming an interest in the
438 surplus from the sale, if any, other than the property owner as
439 of the date of the lis pendens must file a claim before the
440 clerk reports the surplus as unclaimed.
441
442 The court, in its discretion, may enlarge the time of the sale.
443 Notice of the changed time of sale shall be published as
444 provided herein.
445 Section 14. Subsection (2) of section 121.0511, Florida
446 Statutes, is amended to read:
447 121.0511 Revocation of election and alternative plan.—The
448 governing body of any municipality or independent special
449 district that has elected to participate in the Florida
450 Retirement System may revoke its election in accordance with the
451 following procedure:
452 (2) At least 7 days, but not more than 15 days, before the
453 hearing, notice of intent to revoke, specifying the time and
454 place of the hearing, must be published as provided in chapter
455 50 in a newspaper of general circulation in the area affected,
456 as provided by ss. 50.011-50.031. Proof of publication of the
457 notice must be submitted to the Department of Management
458 Services.
459 Section 15. Paragraphs (b) and (h) of subsection (1) of
460 section 121.055, Florida Statutes, are amended to read:
461 121.055 Senior Management Service Class.—There is hereby
462 established a separate class of membership within the Florida
463 Retirement System to be known as the “Senior Management Service
464 Class,” which shall become effective February 1, 1987.
465 (1)
466 (b)1. Except as provided in subparagraph 2., effective
467 January 1, 1990, participation in the Senior Management Service
468 Class is compulsory for the president of each community college,
469 the manager of each participating municipality or county, and
470 all appointed district school superintendents. Effective January
471 1, 1994, additional positions may be designated for inclusion in
472 the Senior Management Service Class if:
473 a. Positions to be included in the class are designated by
474 the local agency employer. Notice of intent to designate
475 positions for inclusion in the class must be published for at
476 least 2 consecutive weeks if published on the legal notice
477 website established pursuant to s. 50.0311 or once a week for 2
478 consecutive weeks in a newspaper of general circulation
479 published in the county or counties affected, as provided in
480 chapter 50.
481 b. Up to 10 nonelective full-time positions may be
482 designated for each local agency employer reporting to the
483 department; for local agencies with 100 or more regularly
484 established positions, additional nonelective full-time
485 positions may be designated, not to exceed 1 percent of the
486 regularly established positions within the agency.
487 c. Each position added to the class must be a managerial or
488 policymaking position filled by an employee who is not subject
489 to continuing contract and serves at the pleasure of the local
490 agency employer without civil service protection, and who:
491 (I) Heads an organizational unit; or
492 (II) Has responsibility to effect or recommend personnel,
493 budget, expenditure, or policy decisions in his or her areas of
494 responsibility.
495 2. In lieu of participation in the Senior Management
496 Service Class, members of the Senior Management Service Class,
497 pursuant to subparagraph 1., may withdraw from the Florida
498 Retirement System altogether. The decision to withdraw from the
499 system is irrevocable as long as the employee holds the
500 position. Any service creditable under the Senior Management
501 Service Class shall be retained after the member withdraws from
502 the system; however, additional service credit in the Senior
503 Management Service Class may not be earned after such
504 withdrawal. Such members are not eligible to participate in the
505 Senior Management Service Optional Annuity Program.
506 3. Effective January 1, 2006, through June 30, 2006, an
507 employee who has withdrawn from the Florida Retirement System
508 under subparagraph 2. has one opportunity to elect to
509 participate in the pension plan or the investment plan.
510 a. If the employee elects to participate in the investment
511 plan, membership shall be prospective, and the applicable
512 provisions of s. 121.4501(4) govern the election.
513 b. If the employee elects to participate in the pension
514 plan, the employee shall, upon payment to the system trust fund
515 of the amount calculated under sub-sub-subparagraph (I), receive
516 service credit for prior service based upon the time during
517 which the employee had withdrawn from the system.
518 (I) The cost for such credit shall be an amount
519 representing the actuarial accrued liability for the affected
520 period of service. The cost shall be calculated using the
521 discount rate and other relevant actuarial assumptions that were
522 used to value the pension plan liabilities in the most recent
523 actuarial valuation. The calculation must include any service
524 already maintained under the pension plan in addition to the
525 period of withdrawal. The actuarial accrued liability
526 attributable to any service already maintained under the pension
527 plan shall be applied as a credit to the total cost resulting
528 from the calculation. The division must ensure that the transfer
529 sum is prepared using a formula and methodology certified by an
530 actuary.
531 (II) The employee must transfer a sum representing the net
532 cost owed for the actuarial accrued liability in sub-sub
533 subparagraph (I) immediately following the time of such
534 movement, determined assuming that attained service equals the
535 sum of service in the pension plan and the period of withdrawal.
536 (h)1. Except as provided in subparagraph 3., effective
537 January 1, 1994, participation in the Senior Management Service
538 Class shall be compulsory for the State Courts Administrator and
539 the Deputy State Courts Administrators, the Clerk of the Supreme
540 Court, the Marshal of the Supreme Court, the Executive Director
541 of the Justice Administrative Commission, the capital collateral
542 regional counsel, the clerks of the district courts of appeals,
543 the marshals of the district courts of appeals, and the trial
544 court administrator and the Chief Deputy Court Administrator in
545 each judicial circuit. Effective January 1, 1994, additional
546 positions in the offices of the state attorney and public
547 defender in each judicial circuit may be designated for
548 inclusion in the Senior Management Service Class of the Florida
549 Retirement System, provided that:
550 a. Positions to be included in the class shall be
551 designated by the state attorney or public defender, as
552 appropriate. Notice of intent to designate positions for
553 inclusion in the class shall be published for at least 2
554 consecutive weeks if published on the legal notice website
555 established pursuant to s. 50.0311 or once a week for 2
556 consecutive weeks in a newspaper of general circulation
557 published in the county or counties affected, as provided in
558 chapter 50.
559 b. One nonelective full-time position may be designated for
560 each state attorney and public defender reporting to the
561 Department of Management Services; for agencies with 200 or more
562 regularly established positions under the state attorney or
563 public defender, additional nonelective full-time positions may
564 be designated, not to exceed 0.5 percent of the regularly
565 established positions within the agency.
566 c. Each position added to the class must be a managerial or
567 policymaking position filled by an employee who serves at the
568 pleasure of the state attorney or public defender without civil
569 service protection, and who:
570 (I) Heads an organizational unit; or
571 (II) Has responsibility to effect or recommend personnel,
572 budget, expenditure, or policy decisions in his or her areas of
573 responsibility.
574 2. Participation in this class shall be compulsory, except
575 as provided in subparagraph 3., for any judicial employee who
576 holds a position designated for coverage in the Senior
577 Management Service Class, and such participation shall continue
578 until the employee terminates employment in a covered position.
579 Effective January 1, 2001, participation in this class is
580 compulsory for assistant state attorneys, assistant statewide
581 prosecutors, assistant public defenders, and assistant capital
582 collateral regional counsel. Effective January 1, 2002,
583 participation in this class is compulsory for assistant
584 attorneys general.
585 3. In lieu of participation in the Senior Management
586 Service Class, such members, excluding assistant state
587 attorneys, assistant public defenders, assistant statewide
588 prosecutors, assistant attorneys general, and assistant capital
589 collateral regional counsel, may participate in the Senior
590 Management Service Optional Annuity Program as established in
591 subsection (6).
592 Section 16. Paragraph (a) of subsection (2) and paragraph
593 (b) of subsection (4) of section 125.66, Florida Statutes, are
594 amended to read:
595 125.66 Ordinances; enactment procedure; emergency
596 ordinances; rezoning or change of land use ordinances or
597 resolutions.—
598 (2)(a) The regular enactment procedure shall be as follows:
599 The board of county commissioners at any regular or special
600 meeting may enact or amend any ordinance, except as provided in
601 subsection (4), if notice of intent to consider such ordinance
602 is given at least 10 days before any such prior to said meeting
603 by publication as provided in chapter 50 in a newspaper of
604 general circulation in the county. A copy of such notice must
605 shall be kept available for public inspection during the regular
606 business hours of the office of the clerk of the board of county
607 commissioners. The notice of proposed enactment must shall state
608 the date, time, and place of the meeting; the title or titles of
609 proposed ordinances; and the place or places within the county
610 where such proposed ordinances may be inspected by the public.
611 The notice must shall also advise that interested parties may
612 appear at the meeting and be heard with respect to the proposed
613 ordinance.
614 (4) Ordinances or resolutions, initiated by other than the
615 county, that change the actual zoning map designation of a
616 parcel or parcels of land shall be enacted pursuant to
617 subsection (2). Ordinances or resolutions that change the actual
618 list of permitted, conditional, or prohibited uses within a
619 zoning category, or ordinances or resolutions initiated by the
620 county that change the actual zoning map designation of a parcel
621 or parcels of land shall be enacted pursuant to the following
622 procedure:
623 (b) In cases in which the proposed ordinance or resolution
624 changes the actual list of permitted, conditional, or prohibited
625 uses within a zoning category, or changes the actual zoning map
626 designation of a parcel or parcels of land involving 10
627 contiguous acres or more, the board of county commissioners
628 shall provide for public notice and hearings as follows:
629 1. The board of county commissioners shall hold two
630 advertised public hearings on the proposed ordinance or
631 resolution. At least one hearing shall be held after 5 p.m. on a
632 weekday, unless the board of county commissioners, by a majority
633 plus one vote, elects to conduct that hearing at another time of
634 day. The first public hearing shall be held at least 7 days
635 after the day that the first advertisement is published. The
636 second hearing shall be held at least 10 days after the first
637 hearing and shall be advertised at least 5 days before prior to
638 the public hearing.
639 2. If published in a newspaper, the required advertisements
640 shall be no less than 2 columns wide by 10 inches long in a
641 standard size or a tabloid size newspaper, and the headline in
642 the advertisement shall be in a type no smaller than 18 point.
643 The advertisement shall not be placed in that portion of the
644 newspaper where legal notices and classified advertisements
645 appear. The advertisement shall be placed in a newspaper of
646 general paid circulation in the county and of general interest
647 and readership in the community pursuant to chapter 50, not one
648 of limited subject matter. It is the legislative intent that,
649 whenever possible, the advertisement shall appear in a newspaper
650 that is published at least weekly 5 days a week unless the only
651 newspaper in the community is published less than weekly 5 days
652 a week. The advertisement shall be in substantially the
653 following form:
654 NOTICE OF (TYPE OF) CHANGE
655
656 The ...(name of local governmental unit)... proposes to
657 adopt the following by ordinance or resolution:...(title of
658 ordinance or resolution)....
659 A public hearing on the ordinance or resolution will be
660 held on ...(date and time)... at ...(meeting place)....
661
662 Except for amendments which change the actual list of permitted,
663 conditional, or prohibited uses within a zoning category, the
664 advertisement shall contain a geographic location map which
665 clearly indicates the area within the local government covered
666 by the proposed ordinance or resolution. The map shall include
667 major street names as a means of identification of the general
668 area. In addition to being published on the legal notice website
669 established pursuant to s. 50.0311 or in the newspaper, the map
670 must be part of the online notice required pursuant to s.
671 50.0211 or s. 50.0311.
672 3. In lieu of publishing the advertisements set out in this
673 paragraph, the board of county commissioners may mail a notice
674 to each person owning real property within the area covered by
675 the ordinance or resolution. Such notice shall clearly explain
676 the proposed ordinance or resolution and shall notify the person
677 of the time, place, and location of both public hearings on the
678 proposed ordinance or resolution.
679 Section 17. Paragraph (a) of subsection (2) of section
680 162.12, Florida Statutes, is amended to read:
681 162.12 Notices.—
682 (2) In addition to providing notice as set forth in
683 subsection (1), at the option of the code enforcement board or
684 the local government, notice may be served by publication or
685 posting, as follows:
686 (a)1. Such notice shall be published for 4 consecutive
687 weeks on the legal notice website as provided in s. 50.0311 or
688 once during each week for 4 consecutive weeks (four publications
689 being sufficient) in a newspaper of general circulation in the
690 county where the code enforcement board is located. The
691 newspaper shall meet such requirements as are prescribed under
692 chapter 50 for legal and official advertisements.
693 2. Proof of publication shall be made as provided in ss.
694 50.041 and 50.051.
695 Section 18. Paragraph (c) of subsection (3) of section
696 166.041, Florida Statutes, is amended to read:
697 166.041 Procedures for adoption of ordinances and
698 resolutions.—
699 (3)
700 (c) Ordinances initiated by other than the municipality
701 that change the actual zoning map designation of a parcel or
702 parcels of land shall be enacted pursuant to paragraph (a).
703 Ordinances that change the actual list of permitted,
704 conditional, or prohibited uses within a zoning category, or
705 ordinances initiated by the municipality that change the actual
706 zoning map designation of a parcel or parcels of land shall be
707 enacted pursuant to the following procedure:
708 1. In cases in which the proposed ordinance changes the
709 actual zoning map designation for a parcel or parcels of land
710 involving less than 10 contiguous acres, the governing body
711 shall direct the clerk of the governing body to notify by mail
712 each real property owner whose land the municipality will
713 redesignate by enactment of the ordinance and whose address is
714 known by reference to the latest ad valorem tax records. The
715 notice shall state the substance of the proposed ordinance as it
716 affects that property owner and shall set a time and place for
717 one or more public hearings on such ordinance. Such notice shall
718 be given at least 30 days before prior to the date set for the
719 public hearing, and a copy of the notice shall be kept available
720 for public inspection during the regular business hours of the
721 office of the clerk of the governing body. The governing body
722 shall hold a public hearing on the proposed ordinance and may,
723 upon the conclusion of the hearing, immediately adopt the
724 ordinance.
725 2. In cases in which the proposed ordinance changes the
726 actual list of permitted, conditional, or prohibited uses within
727 a zoning category, or changes the actual zoning map designation
728 of a parcel or parcels of land involving 10 contiguous acres or
729 more, the governing body shall provide for public notice and
730 hearings as follows:
731 a. The local governing body shall hold two advertised
732 public hearings on the proposed ordinance. At least one hearing
733 shall be held after 5 p.m. on a weekday, unless the local
734 governing body, by a majority plus one vote, elects to conduct
735 that hearing at another time of day. The first public hearing
736 shall be held at least 7 days after the day that the first
737 advertisement is published. The second hearing shall be held at
738 least 10 days after the first hearing and shall be advertised at
739 least 5 days before prior to the public hearing.
740 b. If published in a newspaper, the required advertisements
741 shall be no less than 2 columns wide by 10 inches long in a
742 standard size or a tabloid size newspaper, and the headline in
743 the advertisement shall be in a type no smaller than 18 point.
744 The advertisement shall not be placed in that portion of the
745 newspaper where legal notices and classified advertisements
746 appear. The advertisement shall be placed in a newspaper of
747 general paid circulation in the municipality and of general
748 interest and readership in the municipality, not one of limited
749 subject matter, pursuant to chapter 50. It is the legislative
750 intent that, whenever possible, the advertisement appear in a
751 newspaper that is published at least weekly 5 days a week unless
752 the only newspaper in the municipality is published less than
753 weekly 5 days a week. The advertisement shall be in
754 substantially the following form:
755
756 NOTICE OF (TYPE OF) CHANGE
757
758 The ...(name of local governmental unit)... proposes to
759 adopt the following ordinance:...(title of the ordinance)....
760 A public hearing on the ordinance will be held on ...(date
761 and time)... at ...(meeting place)....
762
763 Except for amendments which change the actual list of permitted,
764 conditional, or prohibited uses within a zoning category, the
765 advertisement shall contain a geographic location map which
766 clearly indicates the area covered by the proposed ordinance.
767 The map shall include major street names as a means of
768 identification of the general area. If In addition to being
769 published in the newspaper, the map must also be part of the
770 online notice required pursuant to s. 50.0211 or s. 50.0311.
771 c. In lieu of publishing the advertisement set out in this
772 paragraph, the municipality may mail a notice to each person
773 owning real property within the area covered by the ordinance.
774 Such notice shall clearly explain the proposed ordinance and
775 shall notify the person of the time, place, and location of any
776 public hearing on the proposed ordinance.
777 Section 19. Subsection (1) of section 189.015, Florida
778 Statutes, is amended to read:
779 189.015 Meetings; notice; required reports.—
780 (1) The governing body of each special district shall file
781 quarterly, semiannually, or annually a schedule of its regular
782 meetings with the local governing authority or authorities. The
783 schedule shall include the date, time, and location of each
784 scheduled meeting. The schedule shall be published quarterly,
785 semiannually, or annually in a newspaper of general paid
786 circulation in the manner required in this subsection. The
787 governing body of an independent special district shall
788 advertise the day, time, place, and purpose of any meeting other
789 than a regular meeting or any recessed and reconvened meeting of
790 the governing body, at least 7 days before such meeting as
791 provided in chapter 50, in a newspaper of general paid
792 circulation in the county or counties in which the special
793 district is located, unless a bona fide emergency situation
794 exists, in which case a meeting to deal with the emergency may
795 be held as necessary, with reasonable notice, so long as it is
796 subsequently ratified by the governing body. No approval of the
797 annual budget shall be granted at an emergency meeting. The
798 notice shall be posted as provided in advertisement shall be
799 placed in that portion of the newspaper where legal notices and
800 classified advertisements appear. The advertisement shall appear
801 in a newspaper that is published at least 5 days a week, unless
802 the only newspaper in the county is published fewer than 5 days
803 a week. The newspaper selected must be one of general interest
804 and readership in the community and not one of limited subject
805 matter, pursuant to chapter 50. Any other provision of law to
806 the contrary notwithstanding, and except in the case of
807 emergency meetings, water management districts may provide
808 reasonable notice of public meetings held to evaluate responses
809 to solicitations issued by the water management district, by
810 publication as provided in chapter 50 on the legal notice
811 website or in a newspaper of general paid circulation in the
812 county where the principal office of the water management
813 district is located, or in the county or counties where the
814 public work will be performed, no less than 7 days before such
815 meeting.
816 Section 20. Paragraph (d) of subsection (1) of section
817 190.005, Florida Statutes, is amended to read:
818 190.005 Establishment of district.—
819 (1) The exclusive and uniform method for the establishment
820 of a community development district with a size of 2,500 acres
821 or more shall be pursuant to a rule, adopted under chapter 120
822 by the Florida Land and Water Adjudicatory Commission, granting
823 a petition for the establishment of a community development
824 district.
825 (d) A local public hearing on the petition shall be
826 conducted by a hearing officer in conformance with the
827 applicable requirements and procedures of the Administrative
828 Procedure Act. The hearing shall include oral and written
829 comments on the petition pertinent to the factors specified in
830 paragraph (e). The hearing shall be held at an accessible
831 location in the county in which the community development
832 district is to be located. The petitioner shall cause a notice
833 of the hearing to be published for 4 successive weeks on the
834 legal notice website established pursuant to s. 50.0311 or in a
835 newspaper at least once a week for the 4 successive weeks
836 immediately before prior to the hearing as provided in chapter
837 50. Such notice shall give the time and place for the hearing, a
838 description of the area to be included in the district, which
839 description shall include a map showing clearly the area to be
840 covered by the district, and any other relevant information
841 which the establishing governing bodies may require. If
842 published in a newspaper, the advertisement may shall not be
843 placed in the that portion of the newspaper where legal notices
844 and classified advertisements appear. The advertisement shall be
845 published in a newspaper of general paid circulation in the
846 county and of general interest and readership in the community,
847 not one of limited subject matter, pursuant to chapter 50.
848 Whenever possible, the advertisement shall appear in a newspaper
849 that is published at least weekly 5 days a week, unless the only
850 newspaper in the community is published less than weekly fewer
851 than 5 days a week. If In addition to being published in the
852 newspaper, the map referenced above must also be part of the
853 online advertisement required pursuant to s. 50.0211 or s.
854 50.0311. All affected units of general-purpose local government
855 and the general public shall be given an opportunity to appear
856 at the hearing and present oral or written comments on the
857 petition.
858 Section 21. Paragraph (h) of subsection (1) of section
859 190.046, Florida Statutes, is amended to read:
860 190.046 Termination, contraction, or expansion of
861 district.—
862 (1) A landowner or the board may petition to contract or
863 expand the boundaries of a community development district in the
864 following manner:
865 (h) For a petition to establish a new community development
866 district of less than 2,500 acres on land located solely in one
867 county or one municipality, sufficiently contiguous lands
868 located within the county or municipality which the petitioner
869 anticipates adding to the boundaries of the district within 10
870 years after the effective date of the ordinance establishing the
871 district may also be identified. If such sufficiently contiguous
872 land is identified, the petition must include a legal
873 description of each additional parcel within the sufficiently
874 contiguous land, the current owner of the parcel, the acreage of
875 the parcel, and the current land use designation of the parcel.
876 At least 14 days before the hearing required under s.
877 190.005(2)(b), the petitioner must give the current owner of
878 each such parcel notice of filing the petition to establish the
879 district, the date and time of the public hearing on the
880 petition, and the name and address of the petitioner. A parcel
881 may not be included in the district without the written consent
882 of the owner of the parcel.
883 1. After establishment of the district, a person may
884 petition the county or municipality to amend the boundaries of
885 the district to include a previously identified parcel that was
886 a proposed addition to the district before its establishment. A
887 filing fee may not be charged for this petition. Each such
888 petition must include:
889 a. A legal description by metes and bounds of the parcel to
890 be added;
891 b. A new legal description by metes and bounds of the
892 district;
893 c. Written consent of all owners of the parcel to be added;
894 d. A map of the district including the parcel to be added;
895 e. A description of the development proposed on the
896 additional parcel; and
897 f. A copy of the original petition identifying the parcel
898 to be added.
899 2. Before filing with the county or municipality, the
900 person must provide the petition to the district and to the
901 owner of the proposed additional parcel, if the owner is not the
902 petitioner.
903 3. Once the petition is determined sufficient and complete,
904 the county or municipality must process the addition of the
905 parcel to the district as an amendment to the ordinance that
906 establishes the district. The county or municipality may process
907 all petitions to amend the ordinance for parcels identified in
908 the original petition, even if, by adding such parcels, the
909 district exceeds 2,500 acres.
910 4. The petitioner shall cause to be published in a
911 newspaper of general circulation in the proposed district a
912 notice of the intent to amend the ordinance that establishes the
913 district. The notice must be in addition to any notice required
914 for adoption of the ordinance amendment. Such notice must be
915 published as provided in chapter 50 at least 10 days before the
916 scheduled hearing on the ordinance amendment and may be
917 published in the section of the newspaper reserved for legal
918 notices. The notice must include a general description of the
919 land to be added to the district and the date and time of the
920 scheduled hearing to amend the ordinance. The petitioner shall
921 deliver, including by mail or hand delivery, the notice of the
922 hearing on the ordinance amendment to the owner of the parcel
923 and to the district at least 14 days before the scheduled
924 hearing.
925 5. The amendment of a district by the addition of a parcel
926 pursuant to this paragraph does not alter the transition from
927 landowner voting to qualified elector voting pursuant to s.
928 190.006, even if the total size of the district after the
929 addition of the parcel exceeds 5,000 acres. Upon adoption of the
930 ordinance expanding the district, the petitioner must cause to
931 be recorded a notice of boundary amendment which reflects the
932 new boundaries of the district.
933 6. This paragraph is intended to facilitate the orderly
934 addition of lands to a district under certain circumstances and
935 does not preclude the addition of lands to any district using
936 the procedures in the other provisions of this section.
937 Section 22. Subsection (1) of section 194.037, Florida
938 Statutes, is amended to read:
939 194.037 Disclosure of tax impact.—
940 (1) After hearing all petitions, complaints, appeals, and
941 disputes, the clerk shall make public notice of the findings and
942 results of the board as provided in chapter 50. If published in
943 a newspaper, the notice must be in at least a quarter-page size
944 advertisement of a standard size or tabloid size newspaper, and
945 the headline shall be in a type no smaller than 18 point. The
946 advertisement shall not be placed in that portion of the
947 newspaper where legal notices and classified advertisements
948 appear. The advertisement shall be published in a newspaper of
949 general paid circulation in the county. The newspaper selected
950 shall be one of general interest and readership in the
951 community, and not one of limited subject matter, pursuant to
952 chapter 50. For all advertisements published pursuant to this
953 section, the headline shall read: TAX IMPACT OF VALUE ADJUSTMENT
954 BOARD. The public notice shall list the members of the value
955 adjustment board and the taxing authorities to which they are
956 elected. The form shall show, in columnar form, for each of the
957 property classes listed under subsection (2), the following
958 information, with appropriate column totals:
959 (a) In the first column, the number of parcels for which
960 the board granted exemptions that had been denied or that had
961 not been acted upon by the property appraiser.
962 (b) In the second column, the number of parcels for which
963 petitions were filed concerning a property tax exemption.
964 (c) In the third column, the number of parcels for which
965 the board considered the petition and reduced the assessment
966 from that made by the property appraiser on the initial
967 assessment roll.
968 (d) In the fourth column, the number of parcels for which
969 petitions were filed but not considered by the board because
970 such petitions were withdrawn or settled before prior to the
971 board’s consideration.
972 (e) In the fifth column, the number of parcels for which
973 petitions were filed requesting a change in assessed value,
974 including requested changes in assessment classification.
975 (f) In the sixth column, the net change in taxable value
976 from the assessor’s initial roll which results from board
977 decisions.
978 (g) In the seventh column, the net shift in taxes to
979 parcels not granted relief by the board. The shift shall be
980 computed as the amount shown in column 6 multiplied by the
981 applicable millage rates adopted by the taxing authorities in
982 hearings held pursuant to s. 200.065(2)(d) or adopted by vote of
983 the electors pursuant to s. 9(b) or s. 12, Art. VII of the State
984 Constitution, but without adjustment as authorized pursuant to
985 s. 200.065(6). If for any taxing authority the hearing has not
986 been completed at the time the notice required herein is
987 prepared, the millage rate used shall be that adopted in the
988 hearing held pursuant to s. 200.065(2)(c).
989 Section 23. Subsection (1) of section 197.402, Florida
990 Statutes, is amended to read:
991 197.402 Advertisement of real or personal property with
992 delinquent taxes.—
993 (1) If advertisements are required, the board of county
994 commissioners shall make such notice select the newspaper as
995 provided in chapter 50. The tax collector shall pay all
996 newspaper charges, and the proportionate cost of the
997 advertisements shall be added to the delinquent taxes collected.
998 Section 24. Subsection (3) of section 200.065, Florida
999 Statutes, is amended to read:
1000 200.065 Method of fixing millage.—
1001 (3) The advertisement shall be published as provided in
1002 chapter 50. If the advertisement is published in a newspaper,
1003 the advertisement must be no less than one-quarter page in size
1004 of a standard size or a tabloid size newspaper, and the headline
1005 in the advertisement shall be in a type no smaller than 18
1006 point. The advertisement shall not be placed in that portion of
1007 the newspaper where legal notices and classified advertisements
1008 appear. The advertisement shall be published in a newspaper of
1009 general paid circulation in the county or in a geographically
1010 limited insert of such newspaper. The geographic boundaries in
1011 which such insert is circulated shall include the geographic
1012 boundaries of the taxing authority. It is the legislative intent
1013 that, whenever possible, the advertisement appear in a newspaper
1014 that is published at least weekly 5 days a week unless the only
1015 newspaper in the county is published less than weekly 5 days a
1016 week, or that the advertisement appear in a geographically
1017 limited insert of such newspaper which insert is published
1018 throughout the taxing authority’s jurisdiction at least twice
1019 each week. It is further the legislative intent that the
1020 newspaper selected be one of general interest and readership in
1021 the community and not one of limited subject matter, pursuant to
1022 chapter 50.
1023 (a) For taxing authorities other than school districts
1024 which have tentatively adopted a millage rate in excess of 100
1025 percent of the rolled-back rate computed pursuant to subsection
1026 (1), the advertisement shall be in the following form:
1027
1028 NOTICE OF PROPOSED TAX INCREASE
1029
1030 The ...(name of the taxing authority)... has tentatively
1031 adopted a measure to increase its property tax levy.
1032 Last year’s property tax levy:
1033 A. Initially proposed tax levy................$XX,XXX,XXX
1034 B. Less tax reductions due to Value Adjustment Board and
1035 other assessment changes...........................($XX,XXX,XXX)
1036 C. Actual property tax levy...................$XX,XXX,XXX
1037 This year’s proposed tax levy........................$XX,XXX,XXX
1038 All concerned citizens are invited to attend a public
1039 hearing on the tax increase to be held on ...(date and time)...
1040 at ...(meeting place)....
1041 A FINAL DECISION on the proposed tax increase and the
1042 budget will be made at this hearing.
1043
1044 (b) In all instances in which the provisions of paragraph
1045 (a) are inapplicable for taxing authorities other than school
1046 districts, the advertisement shall be in the following form:
1047
1048 NOTICE OF BUDGET HEARING
1049
1050 The ...(name of taxing authority)... has tentatively
1051 adopted a budget for ...(fiscal year).... A public hearing to
1052 make a FINAL DECISION on the budget AND TAXES will be held on
1053 ...(date and time)... at ...(meeting place)....
1054
1055 (c) For school districts which have proposed a millage rate
1056 in excess of 100 percent of the rolled-back rate computed
1057 pursuant to subsection (1) and which propose to levy nonvoted
1058 millage in excess of the minimum amount required pursuant to s.
1059 1011.60(6), the advertisement shall be in the following form:
1060
1061 NOTICE OF PROPOSED TAX INCREASE
1062
1063 The ...(name of school district)... will soon consider a
1064 measure to increase its property tax levy.
1065 Last year’s property tax levy:
1066 A. Initially proposed tax levy................$XX,XXX,XXX
1067 B. Less tax reductions due to Value Adjustment Board and
1068 other assessment changes...........................($XX,XXX,XXX)
1069 C. Actual property tax levy...................$XX,XXX,XXX
1070 This year’s proposed tax levy........................$XX,XXX,XXX
1071 A portion of the tax levy is required under state law in
1072 order for the school board to receive $...(amount A)... in state
1073 education grants. The required portion has ...(increased or
1074 decreased)... by ...(amount B)... percent and represents
1075 approximately ...(amount C)... of the total proposed taxes.
1076 The remainder of the taxes is proposed solely at the
1077 discretion of the school board.
1078 All concerned citizens are invited to a public hearing on
1079 the tax increase to be held on ...(date and time)... at
1080 ...(meeting place)....
1081 A DECISION on the proposed tax increase and the budget will
1082 be made at this hearing.
1083 1. AMOUNT A shall be an estimate, provided by the
1084 Department of Education, of the amount to be received in the
1085 current fiscal year by the district from state appropriations
1086 for the Florida Education Finance Program.
1087 2. AMOUNT B shall be the percent increase over the rolled
1088 back rate necessary to levy only the required local effort in
1089 the current fiscal year, computed as though in the preceding
1090 fiscal year only the required local effort was levied.
1091 3. AMOUNT C shall be the quotient of required local-effort
1092 millage divided by the total proposed nonvoted millage, rounded
1093 to the nearest tenth and stated in words; however, the stated
1094 amount shall not exceed nine-tenths.
1095
1096 (d) For school districts which have proposed a millage rate
1097 in excess of 100 percent of the rolled-back rate computed
1098 pursuant to subsection (1) and which propose to levy as nonvoted
1099 millage only the minimum amount required pursuant to s.
1100 1011.60(6), the advertisement shall be the same as provided in
1101 paragraph (c), except that the second and third paragraphs shall
1102 be replaced with the following paragraph:
1103
1104 This increase is required under state law in order for the
1105 school board to receive $...(amount A)... in state education
1106 grants.
1107
1108 (e) In all instances in which the provisions of paragraphs
1109 (c) and (d) are inapplicable for school districts, the
1110 advertisement shall be in the following form:
1111
1112 NOTICE OF BUDGET HEARING
1113
1114 The ...(name of school district)... will soon consider a
1115 budget for ...(fiscal year).... A public hearing to make a
1116 DECISION on the budget AND TAXES will be held on ...(date and
1117 time)... at ...(meeting place)....
1118
1119 (f) In lieu of publishing the notice set out in this
1120 subsection, the taxing authority may mail a copy of the notice
1121 to each elector residing within the jurisdiction of the taxing
1122 authority.
1123 (g) In the event that the mailing of the notice of proposed
1124 property taxes is delayed beyond September 3 in a county, any
1125 multicounty taxing authority which levies ad valorem taxes
1126 within that county shall advertise its intention to adopt a
1127 tentative budget and millage rate in a newspaper of paid general
1128 circulation within that county, as provided in this subsection,
1129 and shall hold the hearing required pursuant to paragraph (2)(c)
1130 not less than 2 days or more than 5 days thereafter, and not
1131 later than September 18. The advertisement shall be in the
1132 following form, unless the proposed millage rate is less than or
1133 equal to the rolled-back rate, computed pursuant to subsection
1134 (1), in which case the advertisement shall be as provided in
1135 paragraph (e):
1136
1137 NOTICE OF TAX INCREASE
1138
1139 The ...(name of the taxing authority)... proposes to
1140 increase its property tax levy by ...(percentage of increase
1141 over rolled-back rate)... percent.
1142 All concerned citizens are invited to attend a public
1143 hearing on the proposed tax increase to be held on ...(date and
1144 time)... at ...(meeting place)....
1145
1146 (h) In no event shall any taxing authority add to or delete
1147 from the language of the advertisements as specified herein
1148 unless expressly authorized by law, except that, if an increase
1149 in ad valorem tax rates will affect only a portion of the
1150 jurisdiction of a taxing authority, advertisements may include a
1151 map or geographical description of the area to be affected and
1152 the proposed use of the tax revenues under consideration. In
1153 addition, if published in the newspaper, the map must be part of
1154 the online advertisement required by s. 50.0211 or s. 50.0311.
1155 The advertisements required herein shall not be accompanied,
1156 preceded, or followed by other advertising or notices which
1157 conflict with or modify the substantive content prescribed
1158 herein.
1159 (i) The advertisements required pursuant to paragraphs (b)
1160 and (e) need not be one-quarter page in size or have a headline
1161 in type no smaller than 18 point.
1162 (j) The amounts to be published as percentages of increase
1163 over the rolled-back rate pursuant to this subsection shall be
1164 based on aggregate millage rates and shall exclude voted millage
1165 levies unless expressly provided otherwise in this subsection.
1166 (k) Any taxing authority which will levy an ad valorem tax
1167 for an upcoming budget year but does not levy an ad valorem tax
1168 currently shall, in the advertisement specified in paragraph
1169 (a), paragraph (c), paragraph (d), or paragraph (g), replace the
1170 phrase “increase its property tax levy by ...(percentage of
1171 increase over rolled-back rate)... percent” with the phrase
1172 “impose a new property tax levy of $...(amount)... per $1,000
1173 value.”
1174 (l) Any advertisement required pursuant to this section
1175 shall be accompanied by an adjacent notice meeting the budget
1176 summary requirements of s. 129.03(3)(b). Except for those taxing
1177 authorities proposing to levy ad valorem taxes for the first
1178 time, the following statement shall appear in the budget summary
1179 in boldfaced type immediately following the heading, if the
1180 applicable percentage is greater than zero:
1181
1182 THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of
1183 taxing authority)... ARE ...(percent rounded to one decimal
1184 place)... MORE THAN LAST YEAR’S TOTAL OPERATING EXPENDITURES.
1185
1186 For purposes of this paragraph, “proposed operating budget
1187 expenditures” or “operating expenditures” means all moneys of
1188 the local government, including dependent special districts,
1189 that:
1190 1. Were or could be expended during the applicable fiscal
1191 year, or
1192 2. Were or could be retained as a balance for future
1193 spending in the fiscal year.
1194
1195 Provided, however, those moneys held in or used in trust,
1196 agency, or internal service funds, and expenditures of bond
1197 proceeds for capital outlay or for advanced refunded debt
1198 principal, shall be excluded.
1199 Section 25. Paragraph (c) of subsection (1) of section
1200 338.223, Florida Statutes, is amended to read:
1201 338.223 Proposed turnpike projects.—
1202 (1)
1203 (c) Before Prior to requesting legislative approval of a
1204 proposed turnpike project, the environmental feasibility of the
1205 proposed project shall be reviewed by the Department of
1206 Environmental Protection. The department shall submit its
1207 Project Development and Environmental Report to the Department
1208 of Environmental Protection, along with a draft copy of a public
1209 notice. Within 14 days of receipt of the draft public notice,
1210 the Department of Environmental Protection shall return the
1211 draft public notice to the Department of Transportation with an
1212 approval of the language or modifications to the language. Upon
1213 receipt of the approved or modified draft, or if no comments are
1214 provided within 14 days, the Department of Transportation shall
1215 publish the notice as provided in chapter 50 in a newspaper to
1216 provide a 30-day public comment period. If published in a
1217 newspaper, the headline of the required notice shall be in a
1218 type no smaller than 18 point. The notice shall be placed in
1219 that portion of the newspaper where legal notices appear and.
1220 The notice shall be published in a newspaper of general
1221 circulation in the county or counties of general interest and
1222 readership in the community as provided in s. 50.031, not one of
1223 limited subject matter. Whenever possible, the notice shall
1224 appear in a newspaper that is published at least weekly 5 days a
1225 week. All The notices notice published pursuant to this section
1226 shall include, at a minimum but is not limited to, the following
1227 information:
1228 1. The purpose of the notice is to provide for a 30-day
1229 period for written public comments on the environmental impacts
1230 of a proposed turnpike project.
1231 2. The name and description of the project, along with a
1232 geographic location map clearly indicating the area where the
1233 proposed project will be located.
1234 3. The address where such comments must be sent and the
1235 date such comments are due.
1236
1237 After a review of the department’s report and any public
1238 comments, the Department of Environmental Protection shall
1239 submit a statement of environmental feasibility to the
1240 department within 30 days after the date on which public
1241 comments are due. The notice and the statement of environmental
1242 feasibility shall not give rise to any rights to a hearing or
1243 other rights or remedies provided pursuant to chapter 120 or
1244 chapter 403, and shall not bind the Department of Environmental
1245 Protection in any subsequent environmental permit review.
1246 Section 26. Subsection (3) of section 348.0308, Florida
1247 Statutes, is amended to read:
1248 348.0308 Public-private partnership.—The Legislature
1249 declares that there is a public need for the rapid construction
1250 of safe and efficient transportation facilities for traveling
1251 within the state and that it is in the public’s interest to
1252 provide for public-private partnership agreements to effectuate
1253 the construction of additional safe, convenient, and economical
1254 transportation facilities.
1255 (3) The agency may request proposals for public-private
1256 transportation projects or, if it receives an unsolicited
1257 proposal, it must publish a notice in the Florida Administrative
1258 Register and as provided in chapter 50 a newspaper of general
1259 circulation in the county in which it is located at least once a
1260 week for 2 weeks stating that it has received the proposal and
1261 will accept, for 60 days after the initial date of publication,
1262 other proposals for the same project purpose. A copy of the
1263 notice must be mailed to each local government in the affected
1264 areas. After the public notification period has expired, the
1265 agency shall rank the proposals in order of preference. In
1266 ranking the proposals, the agency shall consider professional
1267 qualifications, general business terms, innovative engineering
1268 or cost-reduction terms, finance plans, and the need for state
1269 funds to deliver the proposal. If the agency is not satisfied
1270 with the results of the negotiations, it may, at its sole
1271 discretion, terminate negotiations with the proposer. If these
1272 negotiations are unsuccessful, the agency may go to the second
1273 and lower-ranked firms, in order, using the same procedure. If
1274 only one proposal is received, the agency may negotiate in good
1275 faith, and if it is not satisfied with the results, it may, at
1276 its sole discretion, terminate negotiations with the proposer.
1277 The agency may, at its discretion, reject all proposals at any
1278 point in the process up to completion of a contract with the
1279 proposer.
1280 Section 27. Subsection (3) of section 348.635, Florida
1281 Statutes, is amended to read:
1282 348.635 Public-private partnership.—The Legislature
1283 declares that there is a public need for the rapid construction
1284 of safe and efficient transportation facilities for traveling
1285 within the state and that it is in the public’s interest to
1286 provide for public-private partnership agreements to effectuate
1287 the construction of additional safe, convenient, and economical
1288 transportation facilities.
1289 (3) The authority may request proposals for public-private
1290 transportation projects or, if it receives an unsolicited
1291 proposal, it must publish a notice in the Florida Administrative
1292 Register as provided in chapter 50 and a newspaper of general
1293 circulation in the county in which it is located at least once a
1294 week for 2 weeks stating that it has received the proposal and
1295 will accept, for 60 days after the initial date of publication,
1296 other proposals for the same project purpose. A copy of the
1297 notice must be mailed to each local government in the affected
1298 areas. After the public notification period has expired, the
1299 authority shall rank the proposals in order of preference. In
1300 ranking the proposals, the authority shall consider professional
1301 qualifications, general business terms, innovative engineering
1302 or cost-reduction terms, finance plans, and the need for state
1303 funds to deliver the proposal. If the authority is not satisfied
1304 with the results of the negotiations, it may, at its sole
1305 discretion, terminate negotiations with the proposer. If these
1306 negotiations are unsuccessful, the authority may go to the
1307 second and lower-ranked firms, in order, using the same
1308 procedure. If only one proposal is received, the authority may
1309 negotiate in good faith, and if it is not satisfied with the
1310 results, it may, at its sole discretion, terminate negotiations
1311 with the proposer. The authority may, at its discretion, reject
1312 all proposals at any point in the process up to completion of a
1313 contract with the proposer.
1314 Section 28. Subsection (3) of section 348.7605, Florida
1315 Statutes, is amended to read:
1316 348.7605 Public-private partnership.—The Legislature
1317 declares that there is a public need for the rapid construction
1318 of safe and efficient transportation facilities for traveling
1319 within the state and that it is in the public’s interest to
1320 provide for public-private partnership agreements to effectuate
1321 the construction of additional safe, convenient, and economical
1322 transportation facilities.
1323 (3) The authority may request proposals for public-private
1324 transportation projects or, if it receives an unsolicited
1325 proposal, it must publish a notice in the Florida Administrative
1326 Register and as provided in chapter 50 a newspaper of general
1327 circulation in the county in which it is located at least once a
1328 week for 2 weeks stating that it has received the proposal and
1329 will accept, for 60 days after the initial date of publication,
1330 other proposals for the same project purpose. A copy of the
1331 notice must be mailed to each local government in the affected
1332 areas. After the public notification period has expired, the
1333 authority shall rank the proposals in order of preference. In
1334 ranking the proposals, the authority shall consider professional
1335 qualifications, general business terms, innovative engineering
1336 or cost-reduction terms, finance plans, and the need for state
1337 funds to deliver the proposal. If the authority is not satisfied
1338 with the results of the negotiations, it may, at its sole
1339 discretion, terminate negotiations with the proposer. If these
1340 negotiations are unsuccessful, the authority may go to the
1341 second and lower-ranked firms, in order, using the same
1342 procedure. If only one proposal is received, the authority may
1343 negotiate in good faith, and if it is not satisfied with the
1344 results, it may, at its sole discretion, terminate negotiations
1345 with the proposer. The authority may, at its discretion, reject
1346 all proposals at any point in the process up to completion of a
1347 contract with the proposer.
1348 Section 29. Section 373.0397, Florida Statutes, is amended
1349 to read:
1350 373.0397 Floridan and Biscayne aquifers; designation of
1351 prime groundwater recharge areas.—Upon preparation of an
1352 inventory of prime groundwater recharge areas for the Floridan
1353 or Biscayne aquifers, but before prior to adoption by the
1354 governing board, the water management district shall publish a
1355 legal notice of public hearing on the designated areas for the
1356 Floridan and Biscayne aquifers, with a map delineating the
1357 boundaries of the areas, as provided in newspapers defined in
1358 chapter 50 in each county as having general circulation within
1359 the area to be affected. The notice shall be at least one-fourth
1360 page and shall read as follows:
1361
1362 NOTICE OF PRIME RECHARGE
1363 AREA DESIGNATION
1364
1365 The ...(name of taxing authority)... proposes to designate
1366 specific land areas as areas of prime recharge to the ...(name
1367 of aquifer)... Aquifer.
1368 All concerned citizens are invited to attend a public
1369 hearing on the proposed designation to be held on ...(date and
1370 time)... at ...(meeting place)....
1371 A map of the affected areas follows.
1372
1373 The governing board of the water management district shall adopt
1374 a designation of prime groundwater recharge areas to the
1375 Floridan and Biscayne aquifers by rule within 120 days after the
1376 public hearing, subject to the provisions of chapter 120.
1377 Section 30. Section 373.146, Florida Statutes, is amended
1378 to read:
1379 373.146 Publication of notices, process, and papers.—
1380 (1) Whenever in this chapter the publication of any notice,
1381 process, or paper is required or provided for, unless otherwise
1382 provided by law, the publication thereof in some newspaper or
1383 newspapers as provided defined in chapter 50 in each county
1384 having general circulation within the area to be affected shall
1385 be taken and considered as being sufficient.
1386 (2) Notwithstanding any other provision of law to the
1387 contrary, and except in the case of emergency meetings, water
1388 management districts may provide reasonable notice of public
1389 meetings held to evaluate responses to solicitations issued by
1390 the water management district, by publication as provided in
1391 chapter 50 in a newspaper of general paid circulation in the
1392 county where the principal office of the water management
1393 district is located, or in the county or counties where the
1394 public work will be performed, no less than 7 days before such
1395 meeting.
1396 Section 31. Subsection (12) of section 403.722, Florida
1397 Statutes, is amended to read:
1398 403.722 Permits; hazardous waste disposal, storage, and
1399 treatment facilities.—
1400 (12) On the same day of filing with the department of an
1401 application for a permit for the construction modification, or
1402 operation of a hazardous waste facility, the applicant shall
1403 notify each city and county within 1 mile of the facility of the
1404 filing of the application and shall publish notice of the filing
1405 of the application. The applicant shall publish a second notice
1406 of the filing within 14 days after the date of filing. Each
1407 notice shall be published in a newspaper of general circulation
1408 in the county in which the facility is located or is proposed to
1409 be located as provided in chapter 50. Notwithstanding the
1410 provisions of chapter 50, for purposes of this section, a
1411 “newspaper of general circulation” shall be the newspaper within
1412 the county in which the installation or facility is proposed
1413 which has the largest daily circulation in that county and has
1414 its principal office in that county. If the newspaper with the
1415 largest daily circulation has its principal office outside the
1416 county, the notice shall appear in both the newspaper with the
1417 largest daily circulation in that county, and a newspaper
1418 authorized to publish legal notices in that county. The notice
1419 shall contain:
1420 (a) The name of the applicant and a brief description of
1421 the project and its location.
1422 (b) The location of the application file and when it is
1423 available for public inspection.
1424
1425 The notice shall be prepared by the applicant and shall comply
1426 with the following format:
1427
1428 Notice of Application
1429 The Department of Environmental Protection announces receipt of
1430 an application for a permit from ...(name of applicant)... to
1431 ...(brief description of project).... This proposed project will
1432 be located at ...(location)... in ...(county)... ...(city)....
1433
1434 This application is being processed and is available for public
1435 inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,
1436 Monday through Friday, except legal holidays, at ...(name and
1437 address of office)....
1438 Section 32. Paragraph (b) of subsection (3) of section
1439 712.06, Florida Statutes, is amended to read:
1440 712.06 Contents of notice; recording and indexing.—
1441 (3) The person providing the notice referred to in s.
1442 712.05, other than a notice for preservation of a community
1443 covenant or restriction, shall:
1444 (b) Publish the notice referred to in s. 712.05 for 2
1445 consecutive weeks on the legal notice website as provided in s.
1446 50.0311, or once a week, for 2 consecutive weeks in a newspaper
1447 as defined in chapter 50, the notice referred to in s. 712.05,
1448 with the official record book and page number in which such
1449 notice was recorded, in a newspaper as defined in chapter 50 in
1450 the county in which the property is located.
1451 Section 33. Subsection (5) of section 849.38, Florida
1452 Statutes, is amended to read:
1453 849.38 Proceedings for forfeiture; notice of seizure and
1454 order to show cause.—
1455 (5) If the value of the property seized is shown by the
1456 sheriff’s return to have an appraised value of $1,000 or less,
1457 the above citation shall be served by posting at three public
1458 places in the county, one of which shall be the front door of
1459 the courthouse; if the value of the property is shown by the
1460 sheriff’s return to have an approximate value of more than
1461 $1,000, the citation shall be published for at least 2
1462 consecutive weeks on the legal notice website as provided in s.
1463 50.0311 or at least once each week for 2 consecutive weeks in
1464 some newspaper of general publication published in the county,
1465 if there be such a newspaper published in the county and if not,
1466 then said notice of such publication shall be made by
1467 certificate of the clerk if publication is made by posting, and
1468 by affidavit as provided in chapter 50, if made by publication
1469 as provided in chapter 50 in a newspaper, which affidavit or
1470 certificate shall be filed and become a part of the record in
1471 the cause. Failure of the record to show proof of such
1472 publication shall not affect any judgment made in the cause
1473 unless it shall affirmatively appear that no such publication
1474 was made.
1475 Section 34. Paragraph (a) of subsection (3) of section
1476 865.09, Florida Statutes, is amended to read:
1477 865.09 Fictitious name registration.—
1478 (3) REGISTRATION.—
1479 (a) A person may not engage in business under a fictitious
1480 name unless the person first registers the name with the
1481 division by filing a registration listing:
1482 1. The name to be registered.
1483 2. The mailing address of the business.
1484 3. The name and address of each registrant.
1485 4. If the registrant is a business entity that was required
1486 to file incorporation or similar documents with its state of
1487 organization when it was organized, such entity must be
1488 registered with the division and in active status with the
1489 division; provide its Florida document registration number; and
1490 provide its federal employer identification number if the entity
1491 has such a number.
1492 5. Certification by at least one registrant that the
1493 intention to register such fictitious name has been advertised
1494 as provided at least once in a newspaper as defined in chapter
1495 50 in the county in which the principal place of business of the
1496 registrant is or will be located.
1497 6. Any other information the division may reasonably deem
1498 necessary to adequately inform other governmental agencies and
1499 the public as to the registrant so conducting business.
1500 Section 35. Paragraph (a) of subsection (6) of section
1501 932.704, Florida Statutes, is amended to read:
1502 932.704 Forfeiture proceedings.—
1503 (6)(a) If the property is required by law to be titled or
1504 registered, or if the owner of the property is known in fact to
1505 the seizing agency, or if the seized property is subject to a
1506 perfected security interest in accordance with the Uniform
1507 Commercial Code, chapter 679, the attorney for the seizing
1508 agency shall serve the forfeiture complaint as an original
1509 service of process under the Florida Rules of Civil Procedure
1510 and other applicable law to each person having an ownership or
1511 security interest in the property. The seizing agency shall also
1512 publish, in accordance with chapter 50, notice of the forfeiture
1513 complaint for 2 consecutive weeks on the legal notice website as
1514 provided in s. 50.0311 or once each week for 2 consecutive weeks
1515 in a newspaper of general circulation, as defined in s. 165.031,
1516 in the county where the seizure occurred.
1517 Section 36. This act shall take effect July 1, 2022.
1518
1519 ================= T I T L E A M E N D M E N T ================
1520 And the title is amended as follows:
1521 Delete everything before the enacting clause
1522 and insert:
1523 A bill to be entitled
1524 An act relating to legal notices; creating s. 28.46,
1525 F.S.; requiring the Florida Association of Court
1526 Clerks and Comptrollers, Inc., to establish and
1527 maintain an Internet database regarding financial
1528 obligations owed by felons; specifying requirements
1529 for the database; amending s. 50.011, F.S.; providing
1530 for the publication of legal notices on a legal notice
1531 database website established by the association;
1532 amending ss. 50.021, 50.0211, and 50.031, F.S.;
1533 conforming provisions to changes made by the act;
1534 creating s. 50.0311, F.S.; defining terms; authorizing
1535 certain legal notices and advertisements to be
1536 published on the legal notice database website
1537 established by the association, in lieu of newspaper
1538 publication; providing that such legal notifications
1539 be posted to the website following payment of a fee;
1540 providing limitations for, and for the adjustment of,
1541 such fees; specifying what constitutes adequate notice
1542 for any notice or advertisement posted on the website;
1543 providing requirements and limitations regarding the
1544 operation of the website; providing that certain
1545 revenue be used toward the association’s felon
1546 financial obligations website; providing for the
1547 deposit of any remaining excess revenue into specified
1548 trust funds; specifying that a certain portion of
1549 remaining excess revenue may be pledged toward
1550 operating costs of the legal notice website; amending
1551 s. 50.041, F.S.; removing provisions relating to the
1552 publication of legal notices in newspapers; amending
1553 s. 50.051, F.S.; revising a form for affidavits of
1554 publication; amending s. 50.0711, F.S.; revising
1555 provisions relating to the use of court docket funds;
1556 amending s. 83.806, F.S.; providing that an
1557 advertisement of a sale or disposition of property may
1558 be published on the legal notice website for a
1559 specified time period; amending s. 775.089, F.S.;
1560 revising provisions governing the collection and
1561 disbursement of restitution payments; requiring the
1562 Department of Collections to report certain
1563 restitution data to the association for display on the
1564 felon financial obligations website; amending ss.
1565 11.02, 45.031, 121.0511, 121.055, 125.66, 162.12,
1566 166.041, 189.015, 190.005, 190.046, 194.037, 197.402,
1567 200.065, 338.223, 348.0308, 348.635, 348.7605,
1568 373.0397, 373.146, 403.722, 712.06, 849.38, 865.09,
1569 and 932.704, F.S.; conforming provisions to changes
1570 made by the act; providing an effective date.