Florida Senate - 2025 SB 986
By Senator Truenow
13-00787A-25 2025986__
1 A bill to be entitled
2 An act relating to special districts; abolishing
3 certain soil and water conservation districts in this
4 state; transferring the assets and liabilities of such
5 districts to the Department of Agriculture and
6 Consumer Services; amending s. 50.0311, F.S.; revising
7 the definitions of the terms “governmental agency” and
8 “publicly accessible website”; providing that
9 governmental agencies may use their official website
10 to publish specified information; deleting provisions
11 requiring certain special districts to publish
12 advertisements and public notices on a publicly
13 available website in each county such district spans;
14 amending s. 171.093, F.S.; prohibiting municipalities
15 from assuming certain services in annexed areas;
16 providing that a fire control district remains the
17 provider of specified services in the annexed area;
18 requiring that the district’s geographical boundaries
19 continue to include the annexed area; authorizing the
20 district to continue certain levies and assessments;
21 amending s. 189.03, F.S.; revising the legislative
22 purpose and intent for independent special districts;
23 creating s. 189.0331, F.S.; defining the terms
24 “district lands or water areas” and “outdoor
25 recreational purposes”; providing that an independent
26 special district that grants the public access to
27 district lands or water areas for outdoor recreational
28 purposes owes no duty of care to perform specified
29 actions; providing that an independent special
30 district is not responsible for injury to persons or
31 property caused by an act or omission of such person
32 upon such lands or water areas; providing
33 applicability; providing that specified protections,
34 immunities, and limitations of liability apply
35 regardless of whether a person or claimant was engaged
36 in an outdoor recreational purpose at the time of an
37 accident or occurrence; providing certain protection
38 to the owner of private land if an independent special
39 district secures an easement or other access right
40 through such private land to district lands or water
41 areas that the independent special district makes
42 available to the public for outdoor recreational
43 purposes; providing that independent special districts
44 are not relieved of certain liability; amending s.
45 189.053, F.S.; providing that a special district may
46 purchase commodities and contractual services from the
47 purchasing agreements of other specified entities
48 under certain circumstances; amending s. 189.0695,
49 F.S.; deleting a provision requiring the Office of
50 Program Policy Analysis and Government Accountability
51 to conduct performance reviews of independent fire
52 control districts on a specified schedule; requiring
53 the Office of Program Policy Analysis and Government
54 Accountability to conduct a performance review of
55 certain independent special districts by a specified
56 date; deleting provisions requiring the Office of
57 Program Policy Analysis and Government Accountability
58 to submit the final report of performance reviews for
59 certain districts according to a specified schedule;
60 conforming provisions to changes made by the act;
61 creating s. 189.0699, F.S.; providing that an
62 independent special district may require, by
63 resolution, criminal history screening for certain
64 persons; providing requirements for such resolution;
65 providing construction; amending s. 582.15, F.S.;
66 requiring the Department of Agriculture and Consumer
67 Services to monitor the soil and water conservation
68 districts; requiring the department to collaborate
69 with supervisors and district councils of independent
70 special districts to ensure efficiencies in the
71 services provided by such districts; amending s.
72 582.19, F.S.; revising the qualifications of a
73 supervisor of a soil and water conservation district;
74 amending s. 582.20, F.S.; deleting provisions
75 subjecting certain powers of a soil and water
76 conservation district to another district’s approval;
77 requiring the Department of Agriculture and Consumer
78 Services to monitor specified soil and water
79 conservation districts and ensure that each district
80 is winding up administrative and fiscal matters in a
81 timely manner and using certain practices; reenacting
82 ss. 11.02, 45.031(2), 50.011(2), 50.021, 50.031,
83 90.902(12), 98.075(7), 98.077(3), 100.021, 100.141(3),
84 100.342, 101.5612(2), 101.71(2), 101.733(2),
85 102.141(2)(b), 120.81(1)(d), 121.055(1)(b) and (h),
86 162.12(2)(a), 190.005(1)(d), 200.065(2)(f), 849.38(5),
87 1001.372(2)(c), and 1011.03(1), F.S., relating to
88 notice of special or local legislation or certain
89 relief acts; judicial sales procedure; publication of
90 legal notices; publication when there is no newspaper
91 in a county; newspapers in which legal notices and
92 process may be published; self-authentication;
93 registration records maintenance activities and
94 ineligibility determinations; update of voter
95 signature; notice of general election; notice of
96 special election to fill any vacancy in office; notice
97 of special election or referendum; testing of
98 tabulating equipment; polling place; election
99 emergency and contingency plan; county canvassing
100 board and duties; exceptions and special requirements
101 and general areas; Senior Management Service Class;
102 notices; establishment of district; method of fixing
103 millage; proceedings for forfeiture and notice of
104 seizure and order to show cause; district school board
105 meetings; and public hearings and budget to be
106 submitted to the Department of Education,
107 respectively, to incorporate the amendment made to s.
108 50.0311, F.S., in references thereto; reenacting s.
109 189.074(11), F.S., relating to voluntary merger of
110 independent special districts, to incorporate the
111 amendment made to s. 171.093, F.S., in a reference
112 thereto; providing effective dates.
113
114 Be It Enacted by the Legislature of the State of Florida:
115
116 Section 1. Effective December 31, 2025, the following soil
117 and water conservation districts are abolished, and all assets
118 and liabilities of each district are transferred to the
119 Department of Agriculture and Consumer Services:
120 (1) Escambia Soil and Water Conservation District.
121 (2) Yellow River Soil and Water Conservation District.
122 (3) Holmes Creek Soil and Water Conservation District.
123 (4) Orange Hill Soil and Water Conservation District.
124 (5) Chipola River Soil and Water Conservation District.
125 (6) Tupelo Soil and Water Conservation District.
126 (7) Franklin Soil and Water Conservation District.
127 (8) Leon Soil and Water Conservation District.
128 (9) Wakulla Soil and Water Conservation District.
129 (10) Jefferson Soil and Water Conservation District.
130 (11) Hamilton County Soil and Water Conservation District.
131 (12) Lafayette Soil and Water Conservation District.
132 (13) Dixie Soil and Water Conservation District.
133 (14) Santa Fe Soil and Water Conservation District.
134 (15) Levy Soil and Water Conservation District.
135 (16) Bradford Soil and Water Conservation District.
136 (17) Alachua Soil and Water Conservation District.
137 (18) Nassau Soil and Water Conservation District.
138 (19) Duval Soil and Water Conservation District.
139 (20) Clay Soil and Water Conservation District.
140 (21) St. Johns Soil and Water Conservation District.
141 (22) Volusia Soil and Water Conservation District.
142 (23) Lake Soil and Water Conservation District.
143 (24) Seminole Soil and Water Conservation District.
144 (25) Orange Soil and Water Conservation District.
145 (26) Hillsborough Soil and Water Conservation District.
146 (27) Manatee River Soil and Water Conservation District.
147 (28) Peace River Soil and Water Conservation District.
148 (29) Sarasota Soil and Water Conservation District.
149 (30) Charlotte Soil and Water Conservation District.
150 (31) Osceola Soil and Water Conservation District.
151 (32) Collier Soil and Water Conservation District.
152 (33) St. Lucie Soil and Water Conservation District.
153 (34) Broward Soil and Water Conservation District.
154 (35) South Dade Soil and Water Conservation District.
155 (36) Hendry Soil and Water Conservation District.
156 (37) Union Soil and Water Conservation District.
157 Section 2. Subsections (1), (2), (3), and (5) of section
158 50.0311, Florida Statutes, are amended to read:
159 50.0311 Publication of advertisements and public notices on
160 a publicly accessible website and governmental access channels.—
161 (1) For purposes of this chapter, the term “governmental
162 agency” means a county, municipality, school board, special
163 district, or other unit of local government or political
164 subdivision in this state. The term “special district” has the
165 same meaning as in s. 189.012.
166 (2) For purposes of notices and advertisements required
167 under s. 50.011, the term “publicly accessible website” means a
168 county’s official website, a governmental agency’s official
169 website, or other private website designated by the county for
170 the publication of legal notices and advertisements that is
171 accessible via the Internet. All advertisements and public
172 notices published on a website as provided in this chapter must
173 be in searchable form and indicate the date on which the
174 advertisement or public notice was first published on the
175 website.
176 (3) A governmental agency may use the publicly accessible
177 website of the county or the governmental agency’s official
178 website in which it lies to publish legally required
179 advertisements and public notices if the cost of publishing
180 advertisements and public notices on such website is less than
181 the cost of publishing advertisements and public notices in a
182 newspaper.
183 (5) A special district spanning the geographic boundaries
184 of more than one county that satisfies the criteria for
185 publishing and chooses to publish legally required
186 advertisements and public notices on a publicly accessible
187 website must publish such advertisements and public notices on
188 the publicly accessible website of each county it spans. For
189 purposes of this subsection, the term “special district” has the
190 same meaning as in s. 189.012.
191 Section 3. Present subsection (8) of section 171.093,
192 Florida Statutes, is redesignated as subsection (9), and a new
193 subsection (8) is added to that section, to read:
194 171.093 Municipal annexation within independent special
195 districts.—
196 (8) Notwithstanding this chapter or any special act to the
197 contrary, a municipality may not elect to assume services of an
198 annexed area which are being provided by an independent special
199 fire control district. Following an annexation pursuant to this
200 chapter, an independent special fire control district shall
201 remain the service provider in the annexed area, the
202 geographical boundaries of the district must continue to include
203 the annexed area, and the district may continue to levy ad
204 valorem taxes, impact fees, and user fees and assessments on the
205 real property located within the annexed area.
206 Section 4. Paragraph (c) is added to subsection (1) of
207 section 189.03, Florida Statutes, to read:
208 189.03 Statement of legislative purpose and intent;
209 independent special districts.—
210 (1) The Legislature finds that:
211 (c) It is in the public interest for the Legislature to
212 encourage an independent special district to make available to
213 the public suitable district lands and water areas for public
214 outdoor recreational purposes and to limit certain liability of
215 the independent special district resulting from persons
216 accessing such lands and areas and from third persons who may
217 incur damages by the acts or omissions of persons going thereon.
218 Section 5. Section 189.0331, Florida Statutes, is created
219 to read:
220 189.0331 Limitation on liability of independent special
221 district with respect to areas made available to the public for
222 recreational purposes without charge.—
223 (1) As used in this section, the term:
224 (a) “District lands or water areas” includes, but is not
225 limited to, all district lands, rights-of-way, and water areas
226 that an independent special district controls, possesses, or
227 maintains, or in which the independent special district has a
228 property or other interest, whether in fee simple, easement,
229 leasehold, contract, memorandum of understanding, or otherwise.
230 (b) “Outdoor recreational purposes” includes activities
231 such as, but not limited to, horseback riding, hunting, fishing,
232 bicycling, swimming, boating, camping, picnicking, hiking,
233 pleasure driving, nature study, water skiing, motorcycling, and
234 visiting historical, archaeological, scenic, or scientific
235 sites.
236 (2)(a) Except as provided in subsection (5), an independent
237 special district that provides the public with access to
238 district lands or water areas for outdoor recreational purposes,
239 or allows access over or use of district lands or water areas
240 for public outdoor recreational purposes, owes no duty of care
241 to do any of the following:
242 1. Keep the district lands or water areas safe for entry or
243 use by others.
244 2. Warn persons entering or going on such district lands or
245 water areas of any hazardous conditions, structures, or
246 activities thereon.
247 3. Extend any assurance that the district lands or water
248 areas are safe for any purpose solely by allowing access to that
249 district’s lands or water areas.
250 (b) An independent special district does not incur any duty
251 of care toward a person who goes on the district lands or water
252 areas. An independent special district is not responsible for
253 any injury to persons or property caused by an act or omission
254 of a person who goes on such lands or water areas.
255 (c) This section applies to any person going on the
256 district lands or water areas, or lands or water areas subject
257 to a joint use or similar agreement, irrespective of whether the
258 person goes as an invitee, licensee, or trespasser or in any
259 other capacity. However, this subsection does not apply if there
260 is any charge made or usually made for entering or using the
261 district lands or water areas, or if any commercial or other
262 activity from which profit is derived from the patronage of the
263 public, excluding the temporary sale of food, beverages, plants,
264 or T-shirts at temporary special events or nonprofit
265 organizational activities associated with temporary special
266 events, is conducted on any such district lands or water areas,
267 or any part thereof.
268 (3) The protections, immunities, and limitations of
269 liability provided in this section to independent special
270 districts apply regardless of whether any claimant or person was
271 engaged in an outdoor recreational purpose at the time of an
272 accident or occurrence and apply to district lands or water
273 areas used by the public for recreational activities regardless
274 of whether the district lands or water areas were made available
275 to the public at the time of the accident or occurrence.
276 (4) If an independent special district secures an easement
277 or other right for the purpose of providing access through
278 private land to district lands or water areas that the
279 independent special district provides or makes available to the
280 public for outdoor recreational purposes, the owner of the
281 private land is covered by the liability protection provided in
282 s. 375.251 with regard to the use of such easement by the
283 general public or by employees and agents of the independent
284 special district or other regulatory agencies.
285 (5)(a) This section does not relieve an independent special
286 district of any liability that would otherwise exist for gross
287 negligence or a deliberate, willful, or malicious injury to a
288 person or property.
289 (b) This section does not create or increase the liability
290 of an independent special district or person beyond that which
291 is authorized by s. 768.28.
292 Section 6. Section 189.053, Florida Statutes, is amended to
293 read:
294 189.053 Purchases from contracts of other entities
295 purchasing agreements of special districts, municipalities, or
296 counties.—Special districts may purchase commodities and
297 contractual services, other than services the acquisition of
298 which is governed by s. 287.055, from the purchasing agreements
299 of other special districts, municipalities, or counties, other
300 political subdivisions, educational institutions, this state,
301 other states, nonprofit entities, purchasing cooperatives, or
302 the Federal Government which have been procured pursuant to
303 competitive bid, requests for proposals, requests for
304 qualifications, competitive selection, or competitive
305 negotiations, and which are otherwise in compliance with general
306 law if the purchasing agreement of the other entity special
307 district, municipality, or county was procured by a process that
308 would have met the procurement requirements of the purchasing
309 special district.
310 Section 7. Subsections (2) and (3) of section 189.0695,
311 Florida Statutes, are amended to read:
312 189.0695 Independent special districts; performance
313 reviews.—
314 (2)(a) Each independent special district as described in
315 subparagraph (d)1. that is not located in a rural area of
316 opportunity as defined in s. 288.0656(2) and Each independent
317 special district as described in paragraph (c) subparagraph
318 (d)2. must contract with an independent entity to conduct a
319 performance review of the district. The independent entity must
320 have at least 5 years of experience conducting comparable
321 reviews of organizations similar in size and function to the
322 independent special district under review, must conduct the
323 review according to applicable industry best practices, and must
324 have no affiliation with or financial involvement in the
325 reviewed district.
326 (b) The Office of Program Policy Analysis and Government
327 Accountability must conduct a performance review of each
328 independent special district as described in subparagraph (d)1.
329 that is located in a rural area of opportunity as defined in s.
330 288.0656(2) and may contract as needed to complete this
331 requirement.
332 (c) The final report of the performance review must be
333 filed with the governing board of the district, the Auditor
334 General, the President of the Senate, and the Speaker of the
335 House of Representatives no later than 9 months from the
336 beginning of the district’s fiscal year according to the
337 schedule provided in paragraph (c) paragraph (d). However, a
338 performance audit of an independent special district conducted
339 by the Auditor General during the same fiscal year in which a
340 performance review is due pursuant to paragraph (c) paragraph
341 (d) qualifies as that district’s scheduled performance review
342 under this section.
343 (c)(d)1. Beginning October 1, 2022, and every 5 years
344 thereafter, each independent special fire control district as
345 defined in s. 191.003 must have a performance review conducted.
346 2. Beginning October 1, 2023, and every 5 years thereafter,
347 each hospital licensed under chapter 395 which is governed by
348 the governing body of a special district as defined in s.
349 189.012 or by the board of trustees of a public health trust
350 created under s. 154.07 must have a performance review
351 conducted.
352 (3) The Office of Program Policy Analysis and Government
353 Accountability must conduct a performance review of all
354 independent special districts classified as safe neighborhood
355 improvement districts as defined in s. 163.503(1), no later than
356 September 30, 2025, within the classifications described in
357 paragraphs (a), (b), and (c) and may contract as needed to
358 complete the requirements of this subsection. The Office of
359 Program Policy Analysis and Government Accountability shall
360 submit the final report of the performance review to the
361 President of the Senate and the Speaker of the House of
362 Representatives as follows:
363 (a) For all independent mosquito control districts as
364 defined in s. 388.011, no later than September 30, 2023.
365 (b) For all soil and water conservation districts as
366 defined in s. 582.01, no later than September 30, 2024.
367 (c) For all safe neighborhood improvement districts as
368 defined in s. 163.503(1), no later than September 30, 2025.
369 Section 8. Section 189.0699, Florida Statutes, is created
370 to read:
371 189.0699 Criminal history record checks for certain
372 independent special district employees and appointees.—
373 (1) Notwithstanding chapter 435, an independent special
374 district, by resolution, may require criminal history screening
375 and fingerprinting through the Department of Law Enforcement and
376 the Federal Bureau of Investigation for all of the following:
377 (a) Any position of independent special district employment
378 or appointment, whether paid, unpaid, or contractual, which the
379 governing body of the independent special district finds is
380 critical to security or public safety.
381 (b) Any private contractor, employee of a private
382 contractor, vendor, repair person, or delivery person who is
383 subject to licensing or regulation by the independent special
384 district.
385 (c) Any private contractor, employee of a private
386 contractor, vendor, repair person, for-hire chauffeur, or
387 delivery person who has direct contact with individual members
388 of the public or access to any public facility or publicly
389 operated facility in such a manner or to such an extent that the
390 governing body of the independent special district finds that
391 preventing unsuitable persons from having such contact or access
392 is critical to security or public safety.
393 (2) The information obtained from the criminal history
394 record checks conducted pursuant to the resolution may be used
395 by the independent special district to determine a person’s
396 eligibility for such employment or appointment or to determine a
397 person’s eligibility for continued employment or appointment.
398 This section is not intended to preempt or prevent any other
399 background screening, including, but not limited to, criminal
400 history background checks, which an independent special district
401 may lawfully undertake.
402 Section 9. Subsection (5) is added to section 582.15,
403 Florida Statutes, to read:
404 582.15 Organization of district, etc.—
405 (5) The Department of Agriculture and Consumer Services
406 shall monitor the districts to ensure continued compliance with
407 statutory requirements. To ensure efficiencies in the services
408 that are provided by the districts, the department shall
409 coordinate with all supervisors of active independent special
410 districts and the districts’ councils.
411 Section 10. Paragraph (a) of subsection (1) of section
412 582.19, Florida Statutes, is amended, and paragraphs (c) and (d)
413 are added to that subsection, to read:
414 582.19 Qualifications and tenure of supervisors.—
415 (1) The governing body of the district shall consist of
416 five supervisors, elected as provided in s. 582.18.
417 (a) To qualify to serve on the governing body of a
418 district, a supervisor must be a registered an eligible voter in
419 this state who resides in the district and who meets all of the
420 following criteria:
421 1. A person who resides within the boundaries of the
422 district.
423 2.a. Is a landowner of land zoned as agricultural or
424 classified as agricultural lands by the applicable property
425 appraiser;
426 b. Is actively engaged in commercial agriculture
427 production, which for purposes of this section means an
428 individual that produces an agricultural commodity through
429 participation in the day-to-day labor, management, and field
430 operations or that has the legal right to harvest an
431 agricultural commodity;
432 c. Is an actively engaged operator of a farm;
433 d. Is an owner of or employed by an agriculture business or
434 farm;
435 e. Is an actively engaged agriculture or natural resources
436 professional in a field that is directly related to commercial
437 agriculture or natural resources;
438 f. Is an actively engaged college or university staff
439 member or professor who has expertise in agriculture as defined
440 in s. 570.02;
441 g. Is an actively engaged direct agriculture-related
442 vendor; or
443 h. Has retired from such work or previously owned land as
444 described in sub-subparagraphs a.-g., provided the person
445 performed such work or owned such land for a minimum of 5 years.
446 (c) Any person serving as a supervisor pursuant to this
447 section must provide supporting documentation to verify his or
448 her eligibility to serve pursuant to the criteria listed in
449 paragraph (a). Such proof may include, but need not be limited
450 to, a copy of a property tax bill; a copy of an Internal Revenue
451 Service Schedule F, Profit or Loss From Farming form; proof of
452 employment as a professional in the field of agriculture or
453 natural resources; or a curriculum vitae demonstrating expertise
454 in such topics.
455 (d) The Commission on Ethics may remove a supervisor if the
456 commission receives a written complaint and determines,
457 subsequent to an investigation conducted in accordance with
458 chapter 112, that such supervisor does not meet the eligibility
459 criteria provided for in this section
460 1. Is actively engaged in, or retired after 10 years of
461 being engaged in, agriculture as defined in s. 570.02;
462 2. Is employed by an agricultural producer; or
463 3. Owns, leases, or is actively employed on land classified
464 as agricultural under s. 193.461.
465 Section 11. Section 582.20, Florida Statutes, is amended to
466 read:
467 582.20 Powers of districts and supervisors.—A soil and
468 water conservation district organized under the provisions of
469 this chapter shall constitute a governmental subdivision of this
470 state, and a public body corporate and politic, exercising
471 public powers, and such district and the supervisors thereof
472 shall have the following powers, in addition to others granted
473 in other sections of this chapter:
474 (1) To conduct surveys, studies, and research relating to
475 soil and water resources and to publish and disseminate the
476 results of such surveys, studies, research, and related
477 information;
478 (2) To conduct agricultural best management practices
479 demonstration projects and projects for the conservation,
480 protection, and restoration of soil and water resources:
481 (a) Within the district’s boundaries;
482 (b) Within another district’s boundaries, subject to the
483 other district’s approval;
484 (c) In areas not contained within any district’s boundaries
485 on lands owned or controlled by this state or any of its
486 agencies, with the cooperation of the agency administering and
487 having jurisdiction thereof; or
488 (d) On any other lands within the district’s boundaries,
489 within another district’s boundaries subject to the other
490 district’s approval, or not contained within any district’s
491 boundaries upon obtaining the consent of the owner or occupier
492 of the lands or the necessary rights or interests in such lands;
493 (3) To cooperate, or enter into agreements with, any
494 special district, municipality, county, water management
495 district, state or federal agency, governmental or otherwise, or
496 owner or occupier of lands within the district’s boundaries,
497 within another district’s boundaries subject to the other
498 district’s approval, or not contained within any district’s
499 boundaries in furtherance of the purposes and provisions of this
500 chapter;
501 (4) To obtain options upon and to acquire, by purchase,
502 exchange, lease, gift, grant, bequest, devise or otherwise, any
503 property, real or personal, or rights or interests therein; to
504 maintain, administer, and improve any properties acquired, to
505 receive income from such properties and to expend such income in
506 carrying out the purposes and provisions of this chapter; and to
507 sell, lease, or otherwise dispose of any of its property or
508 interests therein in furtherance of the purposes and provisions
509 of this chapter;
510 (5) To make available, on such terms as it shall prescribe,
511 to any owner or occupier of lands within the district’s
512 boundaries, within another district’s boundaries subject to the
513 other district’s approval, or not contained within any
514 district’s boundaries agricultural and engineering machinery and
515 equipment, and such other material or equipment, that will
516 assist such landowners and occupiers to carry on operations upon
517 their lands for the conservation and protection of soil and
518 water resources;
519 (6) To construct, improve, operate, and maintain such
520 structures as may be necessary or convenient for the performance
521 of any of the operations authorized in this chapter;
522 (7) To provide, or assist in providing, training and
523 education programs that further the purposes and provisions of
524 this chapter;
525 (8) To sue and be sued in the name of the district; to have
526 a seal, which seal shall be judicially noticed; to have
527 perpetual succession unless terminated as provided in this
528 chapter; to make and execute contracts and other instruments
529 necessary or convenient to the exercise of its powers; upon a
530 majority vote of the supervisors of the district, to borrow
531 money and to execute promissory notes and other evidences of
532 indebtedness in connection therewith, and to pledge, mortgage,
533 and assign the income of the district and its personal property
534 as security therefor, the notes and other evidences of
535 indebtedness to be general obligations only of the district and
536 in no event to constitute an indebtedness for which the faith
537 and credit of the state or any of its revenues are pledged;
538 (9) To use, in coordination with the applicable county or
539 counties, the services of the county agricultural agents and the
540 facilities of their offices, if practicable and feasible. The
541 supervisors may also employ additional permanent and temporary
542 staff, as needed, and determine their qualifications, duties,
543 and compensation. The supervisors may delegate to the chair, to
544 one or more supervisors, or to employees such powers and duties
545 as they may deem proper, consistent with the provisions of this
546 chapter. The supervisors shall furnish to the department, upon
547 request, copies of rules, orders, contracts, forms, and other
548 documents that the district has adopted or used, and any other
549 information concerning the district’s activities, that the
550 department may require in the performance of its duties under
551 this chapter;
552 (10) To adopt rules to implement the provisions of this
553 chapter; and
554 (11) To request that the Governor remove a supervisor for
555 neglect of duty or malfeasance in office by adoption of a
556 resolution at a public meeting. If the district believes there
557 is a need for a review of the request, the district may request
558 that the council, by resolution, review its request to the
559 Governor and provide the Governor with a recommendation.
560
561 Any provision with respect to the acquisition, operation, or
562 disposition of property by public bodies of this state does not
563 apply to a district organized under this chapter unless
564 specifically so stated by the Legislature. The property and
565 property rights of every kind and nature acquired by any
566 district organized under the provisions of this chapter are
567 exempt from state, county, and other taxation.
568 Section 12. Effective upon this act becoming a law, the
569 Department of Agriculture and Consumer Services shall monitor
570 all soil and water conservation districts being abolished in
571 accordance with this act for statutory compliance through the
572 repeal on December 31, 2025, and to ensure that the district is
573 winding up administrative and fiscal matters related to the
574 district in a timely manner while using best practices through
575 the dissolution of the district.
576 Section 13. For the purpose of incorporating the amendment
577 made by this act to section 50.0311, Florida Statutes, in a
578 reference thereto, section 11.02, Florida Statutes, is reenacted
579 to read:
580 11.02 Notice of special or local legislation or certain
581 relief acts.—The notice required to obtain special or local
582 legislation or any relief act specified in s. 11.065 shall be by
583 publishing the identical notice as provided in chapter 50 or
584 circulated throughout the county or counties where the matter or
585 thing to be affected by such legislation shall be situated one
586 time at least 30 days before introduction of the proposed law
587 into the Legislature or, if the notice is not published on a
588 publicly accessible website as provided in s. 50.0311 and there
589 is no newspaper circulated throughout or published in the
590 county, by posting for at least 30 days at not fewer than three
591 public places in the county or each of the counties, one of
592 which places shall be at the courthouse in the county or
593 counties where the matter or thing to be affected by such
594 legislation shall be situated. Notice of special or local
595 legislation shall state the substance of the contemplated law,
596 as required by s. 10, Art. III of the State Constitution. Notice
597 of any relief act specified in s. 11.065 shall state the name of
598 the claimant, the nature of the injury or loss for which the
599 claim is made, and the amount of the claim against the affected
600 municipality’s revenue-sharing trust fund.
601 Section 14. For the purpose of incorporating the amendment
602 made by this act to section 50.0311, Florida Statutes, in a
603 reference thereto, subsection (2) of section 45.031, Florida
604 Statutes, is reenacted to read:
605 45.031 Judicial sales procedure.—In any sale of real or
606 personal property under an order or judgment, the procedures
607 provided in this section and ss. 45.0315-45.035 may be followed
608 as an alternative to any other sale procedure if so ordered by
609 the court.
610 (2) PUBLICATION OF SALE.—Notice of sale shall be published
611 on a publicly accessible website as provided in s. 50.0311 for
612 at least 2 consecutive weeks before the sale or once a week for
613 2 consecutive weeks in a newspaper of general circulation, as
614 provided in chapter 50, published in the county where the sale
615 is to be held. The second publication by newspaper shall be at
616 least 5 days before the sale. The notice shall contain:
617 (a) A description of the property to be sold.
618 (b) The time and place of sale.
619 (c) A statement that the sale will be made pursuant to the
620 order or final judgment.
621 (d) The caption of the action.
622 (e) The name of the clerk making the sale.
623 (f) A statement that any person claiming an interest in the
624 surplus from the sale, if any, other than the property owner as
625 of the date of the lis pendens must file a claim before the
626 clerk reports the surplus as unclaimed.
627
628 The court, in its discretion, may enlarge the time of the sale.
629 Notice of the changed time of sale shall be published as
630 provided herein.
631 Section 15. For the purpose of incorporating the amendment
632 made by this act to section 50.0311, Florida Statutes, in a
633 reference thereto, subsection (2) of section 50.011, Florida
634 Statutes, is reenacted to read:
635 50.011 Publication of legal notices.—Whenever by statute an
636 official or legal advertisement or a publication or notice in a
637 newspaper or on a governmental agency website has been or is
638 directed or permitted in the nature of or in lieu of process, or
639 for constructive service, or in initiating, assuming, reviewing,
640 exercising, or enforcing jurisdiction or power, or for any
641 purpose, including all legal notices and advertisements of
642 sheriffs and tax collectors, such legislation, whether existing
643 or repealed, means either of the following:
644 (2) A publication on a publicly accessible website under s.
645 50.0311.
646 Section 16. For the purpose of incorporating the amendment
647 made by this act to section 50.0311, Florida Statutes, in a
648 reference thereto, section 50.021, Florida Statutes, is
649 reenacted to read:
650 50.021 Publication when no newspaper in county.—When any
651 law, or order or decree of court, directs advertisements to be
652 made in a county and there is no newspaper published in the
653 county, the advertisement may be published on a publicly
654 accessible website as provided in s. 50.0311 or made by posting
655 three copies thereof in three different places in the county,
656 one of which shall be at the front door of the courthouse, and
657 by publication in the nearest county in which a newspaper
658 qualified under this chapter is published.
659 Section 17. For the purpose of incorporating the amendment
660 made by this act to section 50.0311, Florida Statutes, in a
661 reference thereto, section 50.031, Florida Statutes, is
662 reenacted to read:
663 50.031 Newspapers in which legal notices and process may be
664 published.—If a governmental agency publishes a legal notice in
665 a newspaper, no notice or publication required to be published
666 in the nature of or in lieu of process of any kind, nature,
667 character, or description provided for under any law of the
668 state, whether heretofore or hereafter enacted, and whether
669 pertaining to constructive service, or the initiating, assuming,
670 reviewing, exercising, or enforcing jurisdiction or power, by
671 any court in this state, or any notice of sale of property, real
672 or personal, for taxes, state, county, or municipal, or
673 sheriff’s, guardian’s, or administrator’s or any sale made
674 pursuant to any judicial order, decree, or statute or any other
675 publication or notice pertaining to any affairs of the state, or
676 any county, municipality, or other political subdivision
677 thereof, shall be deemed to have been published in accordance
678 with the statutes providing for such publication, unless the
679 same shall have been published for the prescribed period of time
680 required for such publication, in a newspaper which at the time
681 of such publication shall have been in existence for 2 years and
682 meets the requirements set forth in s. 50.011, or in a newspaper
683 which is a direct successor of a newspaper which has been so
684 published; provided, however, that nothing herein contained
685 shall apply where in any county there shall be no newspaper in
686 existence which shall have been published for the length of time
687 above prescribed. No legal publication of any kind, nature, or
688 description, as herein defined, shall be valid or binding or
689 held to be in compliance with the statutes providing for such
690 publication unless the same shall have been published in
691 accordance with this section or s. 50.0311. Proof of such
692 publication shall be made by uniform affidavit.
693 Section 18. For the purpose of incorporating the amendment
694 made by this act to section 50.0311, Florida Statutes, in a
695 reference thereto, subsection (12) of section 90.902, Florida
696 Statutes, is reenacted to read:
697 90.902 Self-authentication.—Extrinsic evidence of
698 authenticity as a condition precedent to admissibility is not
699 required for:
700 (12) A legal notice published in accordance with the
701 requirements of chapter 50 in the print edition of a qualified
702 newspaper or on a publicly accessible website as provided in s.
703 50.0311.
704 Section 19. For the purpose of incorporating the amendment
705 made by this act to section 50.0311, Florida Statutes, in a
706 reference thereto, subsection (7) of section 98.075, Florida
707 Statutes, is reenacted to read:
708 98.075 Registration records maintenance activities;
709 ineligibility determinations.—
710 (7) PROCEDURES FOR REMOVAL.—
711 (a) If the supervisor receives notice or information
712 pursuant to subsections (4)-(6), the supervisor of the county in
713 which the voter is registered must:
714 1. Notify the registered voter of his or her potential
715 ineligibility by mail within 7 days after receipt of notice or
716 information. The notice must include:
717 a. A statement of the basis for the registered voter’s
718 potential ineligibility and a copy of any documentation upon
719 which the potential ineligibility is based. Such documentation
720 must include any conviction from another jurisdiction determined
721 to be a similar offense to murder or a felony sexual offense, as
722 those terms are defined in s. 98.0751.
723 b. A statement that failure to respond within 30 days after
724 receipt of the notice may result in a determination of
725 ineligibility and in removal of the registered voter’s name from
726 the statewide voter registration system.
727 c. A return form that requires the registered voter to
728 admit or deny the accuracy of the information underlying the
729 potential ineligibility for purposes of a final determination by
730 the supervisor.
731 d. A statement that, if the voter is denying the accuracy
732 of the information underlying the potential ineligibility, the
733 voter has a right to request a hearing for the purpose of
734 determining eligibility.
735 e. Instructions for the registered voter to contact the
736 supervisor of elections of the county in which the voter is
737 registered if assistance is needed in resolving the matter.
738 f. Instructions for seeking restoration of civil rights
739 pursuant to s. 8, Art. IV of the State Constitution and
740 information explaining voting rights restoration pursuant to s.
741 4, Art. VI of the State Constitution following a felony
742 conviction, if applicable.
743 g. The following statement: “If you attempt to vote at an
744 early voting site or your normal election day polling place, you
745 will be required to vote a provisional ballot. If you vote by
746 mail, your ballot will be treated as a provisional ballot. In
747 either case, your ballot may not be counted until a final
748 determination of eligibility is made. If you wish for your
749 ballot to be counted, you must contact the supervisor of
750 elections office within 2 days after the election and present
751 evidence that you are eligible to vote.”
752 2. If the mailed notice is returned as undeliverable, the
753 supervisor must, within 14 days after receiving the returned
754 notice, either publish notice once in a newspaper of general
755 circulation in the county in which the voter was last registered
756 or publish notice on the county’s website as provided in s.
757 50.0311 or on the supervisor’s website, as deemed appropriate by
758 the supervisor. The notice must contain the following:
759 a. The voter’s name and address.
760 b. A statement that the voter is potentially ineligible to
761 be registered to vote.
762 c. A statement that failure to respond within 30 days after
763 the notice is published may result in a determination of
764 ineligibility by the supervisor and removal of the registered
765 voter’s name from the statewide voter registration system.
766 d. An instruction for the voter to contact the supervisor
767 no later than 30 days after the date of the published notice to
768 receive information regarding the basis for the potential
769 ineligibility and the procedure to resolve the matter.
770 e. An instruction to the voter that, if further assistance
771 is needed, the voter should contact the supervisor of elections
772 of the county in which the voter is registered.
773 f. A statement that, if the voter denies the accuracy of
774 the information underlying the potential ineligibility, the
775 voter has a right to request a hearing for the purpose of
776 determining eligibility.
777 g. The following statement: “If you attempt to vote at an
778 early voting site or your normal election day polling place, you
779 will be required to vote a provisional ballot. If you vote by
780 mail, your ballot will be treated as a provisional ballot. In
781 either case, your ballot may not be counted until a final
782 determination of eligibility is made. If you wish for your
783 ballot to be counted, you must contact the supervisor of
784 elections office within 2 days after the election and present
785 evidence that you are eligible to vote.”
786 3. If a registered voter fails to respond to a notice
787 pursuant to subparagraph 1. or subparagraph 2., the supervisor
788 must make a final determination of the voter’s eligibility
789 within 7 days after expiration of the voter’s timeframe to
790 respond. If the supervisor determines that the voter is
791 ineligible, the supervisor must remove the name of the
792 registered voter from the statewide voter registration system
793 within 7 days. The supervisor shall notify the registered voter
794 of the supervisor’s determination and action.
795 4. If a registered voter responds to the notice pursuant to
796 subparagraph 1. or subparagraph 2. and admits the accuracy of
797 the information underlying the potential ineligibility, the
798 supervisor must, as soon as practicable, make a final
799 determination of ineligibility and remove the voter’s name from
800 the statewide voter registration system. The supervisor shall
801 notify the registered voter of the supervisor’s determination
802 and action.
803 5. If a registered voter responds to the notice issued
804 pursuant to subparagraph 1. or subparagraph 2. and denies the
805 accuracy of the information underlying the potential
806 ineligibility but does not request a hearing, the supervisor
807 must review the evidence and make a determination of eligibility
808 no later than 30 days after receiving the response from the
809 voter. If the supervisor determines that the registered voter is
810 ineligible, the supervisor must remove the voter’s name from the
811 statewide voter registration system upon such determination and
812 notify the registered voter of the supervisor’s determination
813 and action and that the removed voter has a right to appeal a
814 determination of ineligibility pursuant to s. 98.0755. If such
815 registered voter requests a hearing, the supervisor must send
816 notice to the registered voter to attend a hearing at a time and
817 place specified in the notice. The supervisor shall schedule and
818 issue notice for the hearing within 7 days after receiving the
819 voter’s request for a hearing and shall hold the hearing no
820 later than 30 days after issuing the notice of the hearing. A
821 voter may request an extension upon showing good cause by
822 submitting an affidavit to the supervisor as to why he or she is
823 unable to attend the scheduled hearing. Upon hearing all
824 evidence presented at the hearing, the supervisor shall make a
825 determination of eligibility within 7 days. If the supervisor
826 determines that the registered voter is ineligible, the
827 supervisor must remove the voter’s name from the statewide voter
828 registration system and notify the registered voter of the
829 supervisor’s determination and action and that the removed voter
830 has a right to appeal a determination of ineligibility pursuant
831 to s. 98.0755.
832 (b) The following apply to this subsection:
833 1. All determinations of eligibility must be based on a
834 preponderance of the evidence.
835 2. All proceedings are exempt from chapter 120.
836 3. Any notice must be sent to the registered voter by
837 certified mail, return receipt requested, or other means that
838 provides a verification of receipt or must be published in a
839 newspaper of general circulation where the voter was last
840 registered, on the county’s website as provided in s. 50.0311,
841 or on the supervisor’s website, whichever is applicable.
842 4. The supervisor shall remove the name of any registered
843 voter from the statewide voter registration system only after
844 the supervisor makes a final determination that the voter is
845 ineligible to vote.
846 5. Any voter whose name has been removed from the statewide
847 voter registration system pursuant to a determination of
848 ineligibility may appeal that determination under s. 98.0755.
849 6. Any voter whose name was removed from the statewide
850 voter registration system on the basis of a determination of
851 ineligibility who subsequently becomes eligible to vote must
852 reregister in order to have his or her name restored to the
853 statewide voter registration system.
854 Section 20. For the purpose of incorporating the amendment
855 made by this act to section 50.0311, Florida Statutes, in a
856 reference thereto, subsection (3) of section 98.077, Florida
857 Statutes, is reenacted to read:
858 98.077 Update of voter signature.—
859 (3) At least once during each general election year before
860 the presidential preference primary or the primary election,
861 whichever occurs first, the supervisor shall publish in a
862 newspaper of general circulation or other newspaper in the
863 county, on the county’s website as provided in s. 50.0311, or on
864 the supervisor’s website, as deemed appropriate by the
865 supervisor, a notice specifying when, where, or how a voter can
866 update his or her signature that is on file and how a voter can
867 obtain a voter registration application from a voter
868 registration official.
869 Section 21. For the purpose of incorporating the amendment
870 made by this act to section 50.0311, Florida Statutes, in a
871 reference thereto, section 100.021, Florida Statutes, is
872 reenacted to read:
873 100.021 Notice of general election.—The Department of State
874 shall, in any year in which a general election is held, make out
875 a notice stating what offices and vacancies are to be filled at
876 the general election in the state, and in each county and
877 district thereof. During the 30 days before the beginning of
878 qualifying, the department shall have the notice published two
879 times in a newspaper of general circulation in each county; and,
880 in counties in which there is no newspaper of general
881 circulation, it shall send to the sheriff a notice of the
882 offices and vacancies to be filled at such general election by
883 the qualified voters of the sheriff’s county or any district
884 thereof, and the sheriff shall have at least five copies of the
885 notice posted in conspicuous places in the county. Notice may be
886 provided alternatively by publishing notice on the division’s
887 website, on the county’s website as provided in s. 50.0311, or
888 on the supervisor’s website, as deemed appropriate by the
889 supervisor.
890 Section 22. For the purpose of incorporating the amendment
891 made by this act to section 50.0311, Florida Statutes, in a
892 reference thereto, subsection (3) of section 100.141, Florida
893 Statutes, is reenacted to read:
894 100.141 Notice of special election to fill any vacancy in
895 office.—
896 (3) The department shall deliver a copy of such notice to
897 the supervisor of elections of each county in which the special
898 election is to be held. The supervisor shall have the notice
899 published two times in a newspaper of general circulation in the
900 county at least 10 days before the first day set for qualifying
901 for office or, for at least 10 days before the first day set for
902 qualifying for office, publish notice on the county’s website as
903 provided in s. 50.0311 or on the supervisor’s website.
904 Section 23. For the purpose of incorporating the amendment
905 made by this act to section 50.0311, Florida Statutes, in a
906 reference thereto, section 100.342, Florida Statutes, is
907 reenacted to read:
908 100.342 Notice of special election or referendum.—In any
909 special election or referendum not otherwise provided for, there
910 must be at least 30 days’ notice of the election or referendum
911 by publication in a newspaper of general circulation in the
912 county, district, or municipality, or publication on the
913 county’s website as provided in s. 50.0311, the municipality’s
914 website, or the supervisor’s website, as applicable. The
915 publication must be made at least twice, once in the fifth week
916 and once in the third week before the week in which the election
917 or referendum is to be held. If the applicable website becomes
918 unavailable or there is no newspaper of general circulation in
919 the county, district, or municipality, the notice must be posted
920 in no less than five places within the territorial limits of the
921 county, district, or municipality.
922 Section 24. For the purpose of incorporating the amendment
923 made by this act to section 50.0311, Florida Statutes, in a
924 reference thereto, subsection (2) of section 101.5612, Florida
925 Statutes, is reenacted to read:
926 101.5612 Testing of tabulating equipment.—
927 (2) On any day not more than 25 days before the
928 commencement of early voting as provided in s. 101.657, the
929 supervisor of elections shall have the automatic tabulating
930 equipment publicly tested to ascertain that the equipment will
931 correctly count the votes cast for all offices and on all
932 measures. If the ballots to be used at the polling place on
933 election day are not available at the time of the testing, the
934 supervisor may conduct an additional test not more than 10 days
935 before election day. Public notice of the time and place of the
936 test shall be given at least 48 hours prior thereto by
937 publication on the county website as provided in s. 50.0311, on
938 the supervisor of elections’ website, or once in one or more
939 newspapers of general circulation in the county. If the
940 applicable website becomes unavailable or if there is no
941 newspaper of general circulation in the county, the notice must
942 be posted in at least four conspicuous places in the county. The
943 supervisor or the municipal elections official may, at the time
944 of qualifying, give written notice of the time and location of
945 the public preelection test to each candidate qualifying with
946 that office and obtain a signed receipt that the notice has been
947 given. The Department of State shall give written notice to each
948 statewide candidate at the time of qualifying, or immediately at
949 the end of qualifying, that the voting equipment will be tested
950 and advise each candidate to contact the county supervisor of
951 elections as to the time and location of the public preelection
952 test. The supervisor or the municipal elections official shall,
953 at least 30 days before the commencement of early voting as
954 provided in s. 101.657, send written notice by certified mail to
955 the county party chair of each political party and to all
956 candidates for other than statewide office whose names appear on
957 the ballot in the county and who did not receive written
958 notification from the supervisor or municipal elections official
959 at the time of qualifying, stating the time and location of the
960 public preelection test of the automatic tabulating equipment.
961 The canvassing board shall convene, and each member of the
962 canvassing board shall certify to the accuracy of the test. For
963 the test, the canvassing board may designate one member to
964 represent it. The test shall be open to representatives of the
965 political parties, the press, and the public. Each political
966 party may designate one person with expertise in the computer
967 field who shall be allowed in the central counting room when all
968 tests are being conducted and when the official votes are being
969 counted. The designee may not interfere with the normal
970 operation of the canvassing board.
971 Section 25. For the purpose of incorporating the amendment
972 made by this act to section 50.0311, Florida Statutes, in a
973 reference thereto, subsection (2) of section 101.71, Florida
974 Statutes, is reenacted to read:
975 101.71 Polling place.—
976 (2) Notwithstanding subsection (1), whenever the supervisor
977 of elections of any county determines that the accommodations
978 for holding any election at a polling place designated for any
979 precinct in the county are unavailable, are inadequate for the
980 expeditious and efficient housing and handling of voting and
981 voting paraphernalia, or do not comply with the requirements of
982 s. 101.715, the supervisor shall, not less than 30 days before
983 the holding of an election, provide for the voting place for
984 such precinct to be moved to another site that is accessible to
985 the public on election day in said precinct or, if such is not
986 available, to another site that is accessible to the public on
987 election day in a contiguous precinct. If such action of the
988 supervisor results in the voting place for two or more precincts
989 being located for the purposes of an election in one building,
990 the supervisor of elections shall provide adequate supplies,
991 equipment, and personnel are available to accommodate the voters
992 for the precincts that are collocated. When any supervisor moves
993 any polling place pursuant to this subsection, the supervisor
994 shall, not more than 30 days or fewer than 7 days before the
995 holding of an election, give notice of the change of the polling
996 place for the precinct involved, with clear description of the
997 voting place to which changed, by publication on the county’s
998 website as provided in s. 50.0311, on the supervisor’s website,
999 or at least once in a newspaper of general circulation in the
1000 county. A notice of the change of the polling place involved
1001 shall be mailed at least 14 days before an election to each
1002 registered elector or to each household in which there is a
1003 registered elector.
1004 Section 26. For the purpose of incorporating the amendment
1005 made by this act to section 50.0311, Florida Statutes, in a
1006 reference thereto, subsection (2) of section 101.733, Florida
1007 Statutes, is reenacted to read:
1008 101.733 Election emergency; purpose; elections emergency
1009 contingency plan.—Because of the existing and continuing
1010 possibility of an emergency or common disaster occurring before
1011 or during a regularly scheduled or special election, and in
1012 order to ensure maximum citizen participation in the electoral
1013 process and provide a safe and orderly procedure for persons
1014 seeking to exercise their right to vote, generally to minimize
1015 to whatever degree possible a person’s exposure to danger during
1016 declared states of emergency, and to protect the integrity of
1017 the electoral process, it is hereby found and declared to be
1018 necessary to designate a procedure for the emergency suspension
1019 or delay and rescheduling of elections.
1020 (2) The Governor, upon consultation with the Secretary of
1021 State, shall reschedule any election suspended or delayed due to
1022 an emergency. The election shall be held within 10 days after
1023 the date of the suspended or delayed election or as soon
1024 thereafter as is practicable. Notice of the election must be
1025 published on the affected county’s website as provided in s.
1026 50.0311, on the affected supervisor’s website, or at least once
1027 in a newspaper of general circulation in the affected area and,
1028 where practicable, broadcast as a public service announcement on
1029 radio and television stations at least 1 week before the date
1030 the election is to be held.
1031 Section 27. For the purpose of incorporating the amendment
1032 made by this act to section 50.0311, Florida Statutes, in a
1033 reference thereto, paragraph (b) of subsection (2) of section
1034 102.141, Florida Statutes, is reenacted to read:
1035 102.141 County canvassing board; duties.—
1036 (2)
1037 (b) Public notice of the canvassing board members,
1038 alternates, time, and place at which the county canvassing board
1039 shall meet to canvass the absent electors’ ballots and
1040 provisional ballots must be given at least 48 hours prior
1041 thereto by publication on the county’s website as provided in s.
1042 50.0311, on the supervisor’s website, or in one or more
1043 newspapers of general circulation in the county. If the
1044 applicable website becomes unavailable or there is no newspaper
1045 of general circulation in the county, the notice must be posted
1046 in at least four conspicuous places in the county. The time
1047 given in the notice as to the convening of the meeting of the
1048 county canvassing board must be specific and may not be a time
1049 period during which the board may meet.
1050 Section 28. For the purpose of incorporating the amendment
1051 made by this act to section 50.0311, Florida Statutes, in a
1052 reference thereto, paragraph (d) of subsection (1) of section
1053 120.81, Florida Statutes, is reenacted to read:
1054 120.81 Exceptions and special requirements; general areas.—
1055 (1) EDUCATIONAL UNITS.—
1056 (d) Notwithstanding any other provision of this chapter,
1057 educational units shall not be required to include the full text
1058 of the rule or rule amendment in notices relating to rules and
1059 need not publish these or other notices in the Florida
1060 Administrative Register, but notice shall be made:
1061 1. By publication in a newspaper qualified under chapter 50
1062 in the affected area or on a publicly accessible website as
1063 provided in s. 50.0311;
1064 2. By mail to all persons who have made requests of the
1065 educational unit for advance notice of its proceedings and to
1066 organizations representing persons affected by the proposed
1067 rule; and
1068 3. By posting in appropriate places so that those
1069 particular classes of persons to whom the intended action is
1070 directed may be duly notified.
1071 Section 29. For the purpose of incorporating the amendment
1072 made by this act to section 50.0311, Florida Statutes, in
1073 references thereto, paragraphs (b) and (h) of subsection (1) of
1074 section 121.055, Florida Statutes, are reenacted to read:
1075 121.055 Senior Management Service Class.—There is hereby
1076 established a separate class of membership within the Florida
1077 Retirement System to be known as the “Senior Management Service
1078 Class,” which shall become effective February 1, 1987.
1079 (1)
1080 (b)1. Except as provided in subparagraph 2., effective
1081 January 1, 1990, participation in the Senior Management Service
1082 Class is compulsory for the president of each community college,
1083 the manager of each participating municipality or county, and
1084 all appointed district school superintendents. Effective January
1085 1, 1994, additional positions may be designated for inclusion in
1086 the Senior Management Service Class if:
1087 a. Positions to be included in the class are designated by
1088 the local agency employer. Notice of intent to designate
1089 positions for inclusion in the class must be published for at
1090 least 2 consecutive weeks if published on a publicly accessible
1091 website as provided in s. 50.0311 or, if published in print,
1092 once a week for 2 consecutive weeks in a newspaper qualified
1093 under chapter 50 that is published in the county or counties
1094 affected.
1095 b. Up to 10 nonelective full-time positions may be
1096 designated for each local agency employer reporting to the
1097 department; for local agencies with 100 or more regularly
1098 established positions, additional nonelective full-time
1099 positions may be designated, not to exceed 1 percent of the
1100 regularly established positions within the agency.
1101 c. Each position added to the class must be a managerial or
1102 policymaking position filled by an employee who is not subject
1103 to continuing contract and serves at the pleasure of the local
1104 agency employer without civil service protection, and who:
1105 (I) Heads an organizational unit; or
1106 (II) Has responsibility to effect or recommend personnel,
1107 budget, expenditure, or policy decisions in his or her areas of
1108 responsibility.
1109 2. In lieu of participation in the Senior Management
1110 Service Class, members of the Senior Management Service Class,
1111 pursuant to subparagraph 1., may withdraw from the Florida
1112 Retirement System altogether. The decision to withdraw from the
1113 system is irrevocable as long as the employee holds the
1114 position. Any service creditable under the Senior Management
1115 Service Class shall be retained after the member withdraws from
1116 the system; however, additional service credit in the Senior
1117 Management Service Class may not be earned after such
1118 withdrawal. Such members are not eligible to participate in the
1119 Senior Management Service Optional Annuity Program.
1120 3. Effective January 1, 2006, through June 30, 2006, an
1121 employee who has withdrawn from the Florida Retirement System
1122 under subparagraph 2. has one opportunity to elect to
1123 participate in the pension plan or the investment plan.
1124 a. If the employee elects to participate in the investment
1125 plan, membership shall be prospective, and the applicable
1126 provisions of s. 121.4501(4) govern the election.
1127 b. If the employee elects to participate in the pension
1128 plan, the employee shall, upon payment to the system trust fund
1129 of the amount calculated under sub-sub-subparagraph (I), receive
1130 service credit for prior service based upon the time during
1131 which the employee had withdrawn from the system.
1132 (I) The cost for such credit shall be an amount
1133 representing the actuarial accrued liability for the affected
1134 period of service. The cost shall be calculated using the
1135 discount rate and other relevant actuarial assumptions that were
1136 used to value the pension plan liabilities in the most recent
1137 actuarial valuation. The calculation must include any service
1138 already maintained under the pension plan in addition to the
1139 period of withdrawal. The actuarial accrued liability
1140 attributable to any service already maintained under the pension
1141 plan shall be applied as a credit to the total cost resulting
1142 from the calculation. The division must ensure that the transfer
1143 sum is prepared using a formula and methodology certified by an
1144 actuary.
1145 (II) The employee must transfer a sum representing the net
1146 cost owed for the actuarial accrued liability in sub-sub
1147 subparagraph (I) immediately following the time of such
1148 movement, determined assuming that attained service equals the
1149 sum of service in the pension plan and the period of withdrawal.
1150 (h)1. Except as provided in subparagraph 3., effective
1151 January 1, 1994, participation in the Senior Management Service
1152 Class shall be compulsory for the State Courts Administrator and
1153 the Deputy State Courts Administrators, the Clerk of the Supreme
1154 Court, the Marshal of the Supreme Court, the Executive Director
1155 of the Justice Administrative Commission, the capital collateral
1156 regional counsel, the clerks of the district courts of appeals,
1157 the marshals of the district courts of appeals, and the trial
1158 court administrator and the Chief Deputy Court Administrator in
1159 each judicial circuit. Effective January 1, 1994, additional
1160 positions in the offices of the state attorney and public
1161 defender in each judicial circuit may be designated for
1162 inclusion in the Senior Management Service Class of the Florida
1163 Retirement System, provided that:
1164 a. Positions to be included in the class shall be
1165 designated by the state attorney or public defender, as
1166 appropriate. Notice of intent to designate positions for
1167 inclusion in the class shall be published for at least 2
1168 consecutive weeks on a publicly accessible website as provided
1169 in s. 50.0311 or, if published in print, once a week for 2
1170 consecutive weeks in a newspaper qualified under chapter 50 in
1171 the county or counties affected.
1172 b. One nonelective full-time position may be designated for
1173 each state attorney and public defender reporting to the
1174 Department of Management Services; for agencies with 200 or more
1175 regularly established positions under the state attorney or
1176 public defender, additional nonelective full-time positions may
1177 be designated, not to exceed 0.5 percent of the regularly
1178 established positions within the agency.
1179 c. Each position added to the class must be a managerial or
1180 policymaking position filled by an employee who serves at the
1181 pleasure of the state attorney or public defender without civil
1182 service protection, and who:
1183 (I) Heads an organizational unit; or
1184 (II) Has responsibility to effect or recommend personnel,
1185 budget, expenditure, or policy decisions in his or her areas of
1186 responsibility.
1187 2. Participation in this class shall be compulsory, except
1188 as provided in subparagraph 3., for any judicial employee who
1189 holds a position designated for coverage in the Senior
1190 Management Service Class, and such participation shall continue
1191 until the employee terminates employment in a covered position.
1192 Effective January 1, 2001, participation in this class is
1193 compulsory for assistant state attorneys, assistant statewide
1194 prosecutors, assistant public defenders, and assistant capital
1195 collateral regional counsel. Effective January 1, 2002,
1196 participation in this class is compulsory for assistant
1197 attorneys general.
1198 3. In lieu of participation in the Senior Management
1199 Service Class, such members, excluding assistant state
1200 attorneys, assistant public defenders, assistant statewide
1201 prosecutors, assistant attorneys general, and assistant capital
1202 collateral regional counsel, may participate in the Senior
1203 Management Service Optional Annuity Program as established in
1204 subsection (6).
1205 Section 30. For the purpose of incorporating the amendment
1206 made by this act to section 50.0311, Florida Statutes, in a
1207 reference thereto, paragraph (a) of subsection (2) of section
1208 162.12, Florida Statutes, is reenacted to read:
1209 162.12 Notices.—
1210 (2) In addition to providing notice as set forth in
1211 subsection (1), at the option of the code enforcement board or
1212 the local government, notice may be served by publication or
1213 posting, as follows:
1214 (a)1. Such notice shall be published in print in a
1215 newspaper or on a publicly accessible website as provided in s.
1216 50.0311 for 4 consecutive weeks. If published in print, the
1217 notice shall be published once during each week for 4
1218 consecutive weeks (four publications being sufficient) in a
1219 newspaper in the county where the code enforcement board is
1220 located. The newspaper shall meet such requirements as are
1221 prescribed under chapter 50 for legal and official
1222 advertisements.
1223 2. Proof of publication shall be made as provided in ss.
1224 50.041 and 50.051.
1225 Section 31. For the purpose of incorporating the amendment
1226 made by this act to section 50.0311, Florida Statutes, in a
1227 reference thereto, paragraph (d) of subsection (1) of section
1228 190.005, Florida Statutes, is reenacted to read:
1229 190.005 Establishment of district.—
1230 (1) The exclusive and uniform method for the establishment
1231 of a community development district with a size of 2,500 acres
1232 or more shall be pursuant to a rule, adopted under chapter 120
1233 by the Florida Land and Water Adjudicatory Commission, granting
1234 a petition for the establishment of a community development
1235 district.
1236 (d) A local public hearing on the petition shall be
1237 conducted by a hearing officer in conformance with the
1238 applicable requirements and procedures of the Administrative
1239 Procedure Act. The hearing shall include oral and written
1240 comments on the petition pertinent to the factors specified in
1241 paragraph (e). The hearing shall be held at an accessible
1242 location in the county in which the community development
1243 district is to be located. The petitioner shall cause a notice
1244 of the hearing to be published for 4 successive weeks on a
1245 publicly accessible website as provided in s. 50.0311 or, if
1246 published in print, in a newspaper at least once a week for the
1247 4 successive weeks immediately prior to the hearing as provided
1248 in chapter 50. Such notice shall give the time and place for the
1249 hearing, a description of the area to be included in the
1250 district, which description shall include a map showing clearly
1251 the area to be covered by the district, and any other relevant
1252 information which the establishing governing bodies may require.
1253 If published in the print edition of a newspaper, the
1254 advertisement may not be placed in the portion of the newspaper
1255 where legal notices and classified advertisements appear. The
1256 advertisement must be published in a newspaper in the county and
1257 of general interest and readership in the community pursuant to
1258 chapter 50. Whenever possible, the advertisement shall appear in
1259 a newspaper that is published at least weekly, unless the only
1260 newspaper in the community is published less than weekly. If the
1261 notice is published in the print edition of the newspaper, the
1262 map must also be included in any online advertisement pursuant
1263 to s. 50.0211. All affected units of general-purpose local
1264 government and the general public shall be given an opportunity
1265 to appear at the hearing and present oral or written comments on
1266 the petition.
1267 Section 32. For the purpose of incorporating the amendment
1268 made by this act to section 50.0311, Florida Statutes, in a
1269 reference thereto, paragraph (f) of subsection (2) of section
1270 200.065, Florida Statutes, is reenacted to read:
1271 200.065 Method of fixing millage.—
1272 (2) No millage shall be levied until a resolution or
1273 ordinance has been approved by the governing board of the taxing
1274 authority which resolution or ordinance must be approved by the
1275 taxing authority according to the following procedure:
1276 (f)1. Notwithstanding any provisions of paragraph (c) to
1277 the contrary, each school district shall advertise its intent to
1278 adopt a tentative budget on a publicly accessible website
1279 pursuant to s. 50.0311 or in a newspaper of general circulation
1280 pursuant to subsection (3) within 29 days after certification of
1281 value pursuant to subsection (1). For the purpose of this
1282 paragraph, the term “publicly accessible website” includes a
1283 district school board’s official website if the school board
1284 website satisfies the remaining requirements of s. 50.0311. Not
1285 less than 2 days or more than 5 days thereafter, the district
1286 shall hold a public hearing on the tentative budget pursuant to
1287 the applicable provisions of paragraph (c). In the event of
1288 postponement or recess due to a declared state of emergency, the
1289 school district may postpone or recess the hearing for up to 7
1290 days and shall post a prominent notice at the place of the
1291 original hearing showing the date, time, and place where the
1292 hearing will be reconvened. The posted notice shall measure not
1293 less than 8.5 by 11 inches. The school district shall make every
1294 reasonable effort to provide reasonable notification of the
1295 continued hearing to the taxpayers. The information must also be
1296 posted on the school district’s website if the district school
1297 board uses a different method of advertisement.
1298 2. Notwithstanding any provisions of paragraph (b) to the
1299 contrary, each school district shall advise the property
1300 appraiser of its recomputed proposed millage rate within 35 days
1301 of certification of value pursuant to subsection (1). The
1302 recomputed proposed millage rate of the school district shall be
1303 considered its proposed millage rate for the purposes of
1304 paragraph (b).
1305 3. Notwithstanding any provisions of paragraph (d) to the
1306 contrary, each school district shall hold a public hearing to
1307 finalize the budget and adopt a millage rate within 80 days of
1308 certification of value pursuant to subsection (1), but not
1309 earlier than 65 days after certification. The hearing shall be
1310 held in accordance with the applicable provisions of paragraph
1311 (d), except that a newspaper advertisement need not precede the
1312 hearing.
1313 Section 33. For the purpose of incorporating the amendment
1314 made by this act to section 50.0311, Florida Statutes, in a
1315 reference thereto, subsection (5) of section 849.38, Florida
1316 Statutes, is reenacted to read:
1317 849.38 Proceedings for forfeiture; notice of seizure and
1318 order to show cause.—
1319 (5) If the value of the property seized is shown by the
1320 sheriff’s return to have an appraised value of $1,000 or less,
1321 the above citation shall be served by posting at three public
1322 places in the county, one of which shall be the front door of
1323 the courthouse; if the value of the property is shown by the
1324 sheriff’s return to have an approximate value of more than
1325 $1,000, the citation shall be published by print or posted for
1326 at least 2 consecutive weeks on a publicly accessible website as
1327 provided in s. 50.0311. If published in print, the citation
1328 shall appear at least once each week for 2 consecutive weeks in
1329 a newspaper qualified to publish legal notices under chapter 50
1330 that is published in the county, if there is such a newspaper
1331 published in the county. If there is no such newspaper, the
1332 notice of such publication shall be made by certificate of the
1333 clerk if publication is made by posting, and by affidavit as
1334 provided in chapter 50, if made by publication as provided in
1335 chapter 50, which affidavit or certificate shall be filed and
1336 become a part of the record in the cause. Failure of the record
1337 to show proof of such publication shall not affect any judgment
1338 made in the cause unless it shall affirmatively appear that no
1339 such publication was made.
1340 Section 34. For the purpose of incorporating the amendment
1341 made by this act to section 50.0311, Florida Statutes, in a
1342 reference thereto, paragraph (c) of subsection (2) of section
1343 1001.372, Florida Statutes, is reenacted to read:
1344 1001.372 District school board meetings.—
1345 (2) PLACE OF MEETINGS.—
1346 (c) For the purpose of this section, due public notice
1347 shall consist of, at least 2 days prior to the meeting:
1348 continuous publication on a publicly accessible website as
1349 provided in s. 50.0311 or the official district school board
1350 website; publication in a newspaper of general circulation in
1351 the county, or in each county where there is no newspaper of
1352 general circulation in the county, an announcement over at least
1353 one radio station whose signal is generally received in the
1354 county, a reasonable number of times daily during the 48 hours
1355 immediately preceding the date of such meeting; or posting a
1356 notice at the courthouse door if no newspaper is published in
1357 the county.
1358 Section 35. For the purpose of incorporating the amendment
1359 made by this act to section 50.0311, Florida Statutes, in a
1360 reference thereto, subsection (1) of section 1011.03, Florida
1361 Statutes, is reenacted to read:
1362 1011.03 Public hearings; budget to be submitted to
1363 Department of Education.—
1364 (1) Each district school board shall cause a summary of its
1365 tentative budget, including the proposed millage levies as
1366 provided for by law, to be posted on the district’s official
1367 website or on a publicly accessible website as provided in s.
1368 50.0311.
1369 Section 36. For the purpose of incorporating the amendment
1370 made by this act to section 171.093, Florida Statutes, in a
1371 reference thereto, subsection (11) of section 189.074, Florida
1372 Statutes, is reenacted to read:
1373 189.074 Voluntary merger of independent special districts.
1374 Two or more contiguous independent special districts created by
1375 special act which have similar functions and elected governing
1376 bodies may elect to merge into a single independent district
1377 through the act of merging the component independent special
1378 districts.
1379 (11) EFFECT ON ANNEXATION.—Chapter 171 continues to apply
1380 to all annexations by a city within the component independent
1381 special districts’ boundaries after merger occurs. Any moneys
1382 owed to a component independent special district pursuant to s.
1383 171.093, or any interlocal service boundary agreement as a
1384 result of annexation predating the merger, shall be paid to the
1385 merged independent district after merger.
1386 Section 37. Except as otherwise expressly provided in this
1387 act and except for this section, which shall take effect upon
1388 becoming a law, this act shall take effect July 1, 2025.