Florida Senate - 2021 SB 402 By Senator Rodrigues 27-00581-21 2021402__ 1 A bill to be entitled 2 An act relating to the Public Notice and Voting Rights 3 Restoration Database; authorizing legal notifications 4 in certain cases to be published on a website 5 established by the Supreme Court, in lieu of newspaper 6 publication; providing that such legal notifications 7 be posted to the website following payment of a fee; 8 providing limitations for, and for the adjustment of, 9 such fees; specifying that website publication 10 constitutes proof of publication, unless otherwise 11 determined by a court; authorizing a county to publish 12 such legal notifications in a newspaper, subject to 13 certain limitations; providing requirements and 14 limitations regarding the operation of the website; 15 providing that certain revenue be used toward certain 16 data collection regarding nonviolent felons and the 17 publication of such data on a website; providing 18 requirements and limitations regarding the operation 19 of the website containing such data; providing for the 20 deposit of any remaining excess revenue into the State 21 Courts Revenue Trust Fund; specifying that a certain 22 portion of remaining excess revenue may be pledged 23 toward operating costs of the website containing legal 24 notifications; providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Public Notice and Voting Rights Restoration 29 Database.— 30 (1) Notwithstanding any other law, in any civil or criminal 31 case in which a legal notification must be made by publication 32 in a newspaper, the notification may be published on a website 33 established by the Supreme Court in lieu of newspaper 34 publication. The notification must be posted to the website 35 following the payment of a fee established by the Supreme Court. 36 The fee charged may vary based on the number of words contained 37 in the notification but may not exceed $500 per notification. 38 The maximum fee may be adjusted by the Supreme Court, upon 39 approval by the Legislative Budget Commission. Actual access by 40 the court of a notification on the Internet constitutes proof of 41 publication for all purposes, unless the court with jurisdiction 42 over the particular matter determines that access to the website 43 was not sufficiently available during the notice period to 44 constitute sufficient notice. A county may publish the legal 45 notification in at least one newspaper of general circulation in 46 such county in lieu of website publication; however, the fee 47 charged by the newspaper for publication may not exceed the 48 website publication fee established by the Supreme Court. 49 (2) The website established pursuant to subsection (1) must 50 be operated by the Supreme Court, by the Office of the State 51 Courts Administrator, or by a contractor selected by the court. 52 The website operating costs may not exceed 15 percent of revenue 53 from fees for legal notifications published on the website. The 54 Office of the State Courts Administrator must publicize the 55 existence of the website and its web address on at least a 56 monthly basis through publishing a notice in at least one 57 newspaper of general circulation in each county of the state, 58 directing each county to post a clear written notice at the 59 entrance of each county courthouse and each annex containing 60 court facilities, and directing each clerk of court and judicial 61 circuit to include a notice on their official website. 62 (3) All revenue from fees collected pursuant to subsection 63 (1) which is in excess of the operating costs for the legal 64 notification website must be used toward aggregating and 65 publishing data regarding restitution, fines and fees owed by 66 nonviolent felons to victims and the judicial branch, and the 67 operation of a website that displays such data. Such website 68 must be operated by the Supreme Court, by the Office of the 69 State Courts Administrator, or by a contractor selected by the 70 court; however, the operating costs of the website may not 71 exceed 50 percent of excess revenue remaining after any 72 deductions made pursuant to subsection (2). 73 (4) Any excess revenue remaining after deducting operating 74 costs for the website established in subsection (3) shall be 75 deposited into the State Courts Revenue Trust Fund. Fifteen 76 percent of such excess revenue from fees collected in any fiscal 77 year may be pledged for the operation of the website established 78 in subsection (1). 79 Section 2. This act shall take effect July 1, 2021.