Florida Senate - 2026 SB 380
By Senator Trumbull
2-00617-26 2026380__
1 A bill to be entitled
2 An act relating to legal notices; amending s. 50.0311,
3 F.S.; revising the definition of the terms
4 “governmental agency” and “publicly accessible
5 website”; authorizing a governmental agency to use its
6 own publicly accessible website or the publicly
7 accessible website of the county in which it lies to
8 publish specified advertisements and notices;
9 reenacting ss. 11.02, 45.031(2), 50.011(2),
10 90.902(12), 120.81(1)(d), 121.055(1)(b) and (h),
11 162.12(2)(a), 190.005(1)(d), 200.065(2)(f), 849.38(5),
12 1001.372(2)(c), and 1011.03(1), F.S., relating to
13 notice of special or local legislation or certain
14 relief acts, publication of certain notice for a
15 certain judicial sales procedure, publication of legal
16 notices, self-authentication of certain legal notices,
17 exceptions and special requirements of rules regarding
18 educational units, notice regarding positions to be
19 included in the Senior Management Service Class,
20 notices issued by local government code enforcement
21 boards, establishment of certain community development
22 districts, notices regarding district school board
23 budgets, citations regarding proceedings for
24 forfeiture of property, due public notice for district
25 school board meetings, and notice for public budget
26 hearings of the district school board, respectively,
27 to incorporate the amendment made to s. 50.0311, F.S.,
28 in references thereto; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsections (1), (2), and (3) of section
33 50.0311, Florida Statutes, are amended to read:
34 50.0311 Publication of advertisements and public notices on
35 a publicly accessible website and governmental access channels.—
36 (1) For purposes of this chapter, the term “governmental
37 agency” means a county, municipality, school board, clerk of the
38 circuit court, tax collector, or other unit of local government
39 or political subdivision in this state.
40 (2) For purposes of notices and advertisements required
41 under s. 50.011, the term “publicly accessible website” means a
42 governmental agency’s county’s official website or other private
43 website designated by the governmental agency county for the
44 publication of legal notices and advertisements that is
45 accessible via the Internet. All advertisements and public
46 notices published on a website as provided in this chapter must
47 be in searchable form and indicate the date on which the
48 advertisement or public notice was first published on the
49 website.
50 (3) A governmental agency may use its own the publicly
51 accessible website or the publicly accessible website of the
52 county in which it lies to publish legally required
53 advertisements and public notices if the cost of publishing
54 advertisements and public notices on such website is less than
55 the cost of publishing advertisements and public notices in a
56 newspaper.
57 Section 2. For the purpose of incorporating the amendment
58 made by this act to section 50.0311, Florida Statutes, in a
59 reference thereto, section 11.02, Florida Statutes, is reenacted
60 to read:
61 11.02 Notice of special or local legislation or certain
62 relief acts.—The notice required to obtain special or local
63 legislation or any relief act specified in s. 11.065 shall be by
64 publishing the identical notice as provided in chapter 50 or
65 circulated throughout the county or counties where the matter or
66 thing to be affected by such legislation shall be situated one
67 time at least 30 days before introduction of the proposed law
68 into the Legislature or, if the notice is not published on a
69 publicly accessible website as provided in s. 50.0311 and there
70 is no newspaper circulated throughout or published in the
71 county, by posting for at least 30 days at not fewer than three
72 public places in the county or each of the counties, one of
73 which places shall be at the courthouse in the county or
74 counties where the matter or thing to be affected by such
75 legislation shall be situated. Notice of special or local
76 legislation shall state the substance of the contemplated law,
77 as required by s. 10, Art. III of the State Constitution. Notice
78 of any relief act specified in s. 11.065 shall state the name of
79 the claimant, the nature of the injury or loss for which the
80 claim is made, and the amount of the claim against the affected
81 municipality’s revenue-sharing trust fund.
82 Section 3. For the purpose of incorporating the amendment
83 made by this act to section 50.0311, Florida Statutes, in a
84 reference thereto, subsection (2) of section 45.031, Florida
85 Statutes, is reenacted to read:
86 45.031 Judicial sales procedure.—In any sale of real or
87 personal property under an order or judgment, the procedures
88 provided in this section and ss. 45.0315-45.035 may be followed
89 as an alternative to any other sale procedure if so ordered by
90 the court.
91 (2) PUBLICATION OF SALE.—Notice of sale shall be published
92 on a publicly accessible website as provided in s. 50.0311 for
93 at least 2 consecutive weeks before the sale or once a week for
94 2 consecutive weeks in a newspaper of general circulation, as
95 provided in chapter 50, published in the county where the sale
96 is to be held. The second publication by newspaper shall be at
97 least 5 days before the sale. The notice shall contain:
98 (a) A description of the property to be sold.
99 (b) The time and place of sale.
100 (c) A statement that the sale will be made pursuant to the
101 order or final judgment.
102 (d) The caption of the action.
103 (e) The name of the clerk making the sale.
104 (f) A statement that any person claiming an interest in the
105 surplus from the sale, if any, other than the property owner as
106 of the date of the lis pendens must file a claim before the
107 clerk reports the surplus as unclaimed.
108
109 The court, in its discretion, may enlarge the time of the sale.
110 Notice of the changed time of sale shall be published as
111 provided herein.
112 Section 4. For the purpose of incorporating the amendment
113 made by this act to section 50.0311, Florida Statutes, in a
114 reference thereto, subsection (2) of section 50.011, Florida
115 Statutes, is reenacted to read:
116 50.011 Publication of legal notices.—Whenever by statute an
117 official or legal advertisement or a publication or notice in a
118 newspaper or on a governmental agency website has been or is
119 directed or permitted in the nature of or in lieu of process, or
120 for constructive service, or in initiating, assuming, reviewing,
121 exercising, or enforcing jurisdiction or power, or for any
122 purpose, including all legal notices and advertisements of
123 sheriffs and tax collectors, such legislation, whether existing
124 or repealed, means either of the following:
125 (2) A publication on a publicly accessible website under s.
126 50.0311.
127 Section 5. For the purpose of incorporating the amendment
128 made by this act to section 50.0311, Florida Statutes, in a
129 reference thereto, subsection (12) of section 90.902, Florida
130 Statutes, is reenacted to read:
131 90.902 Self-authentication.—Extrinsic evidence of
132 authenticity as a condition precedent to admissibility is not
133 required for:
134 (12) A legal notice published in accordance with the
135 requirements of chapter 50 in the print edition of a qualified
136 newspaper or on a publicly accessible website as provided in s.
137 50.0311.
138 Section 6. For the purpose of incorporating the amendment
139 made by this act to section 50.0311, Florida Statutes, in a
140 reference thereto, paragraph (d) of subsection (1) of section
141 120.81, Florida Statutes, is reenacted to read:
142 120.81 Exceptions and special requirements; general areas.—
143 (1) EDUCATIONAL UNITS.—
144 (d) Notwithstanding any other provision of this chapter,
145 educational units shall not be required to include the full text
146 of the rule or rule amendment in notices relating to rules and
147 need not publish these or other notices in the Florida
148 Administrative Register, but notice shall be made:
149 1. By publication in a newspaper qualified under chapter 50
150 in the affected area or on a publicly accessible website as
151 provided in s. 50.0311;
152 2. By mail to all persons who have made requests of the
153 educational unit for advance notice of its proceedings and to
154 organizations representing persons affected by the proposed
155 rule; and
156 3. By posting in appropriate places so that those
157 particular classes of persons to whom the intended action is
158 directed may be duly notified.
159 Section 7. For the purpose of incorporating the amendment
160 made by this act to section 50.0311, Florida Statutes, in
161 references thereto, paragraphs (b) and (h) of subsection (1) of
162 section 121.055, Florida Statutes, are reenacted to read:
163 121.055 Senior Management Service Class.—There is hereby
164 established a separate class of membership within the Florida
165 Retirement System to be known as the “Senior Management Service
166 Class,” which shall become effective February 1, 1987.
167 (1)
168 (b)1. Except as provided in subparagraph 2., effective
169 January 1, 1990, participation in the Senior Management Service
170 Class is compulsory for the president of each community college,
171 the manager of each participating municipality or county, and
172 all appointed district school superintendents. Effective January
173 1, 1994, additional positions may be designated for inclusion in
174 the Senior Management Service Class if:
175 a. Positions to be included in the class are designated by
176 the local agency employer. Notice of intent to designate
177 positions for inclusion in the class must be published for at
178 least 2 consecutive weeks if published on a publicly accessible
179 website as provided in s. 50.0311 or, if published in print,
180 once a week for 2 consecutive weeks in a newspaper qualified
181 under chapter 50 that is published in the county or counties
182 affected.
183 b. Up to 10 nonelective full-time positions may be
184 designated for each local agency employer reporting to the
185 department; for local agencies with 100 or more regularly
186 established positions, additional nonelective full-time
187 positions may be designated, not to exceed 1 percent of the
188 regularly established positions within the agency.
189 c. Each position added to the class must be a managerial or
190 policymaking position filled by an employee who is not subject
191 to continuing contract and serves at the pleasure of the local
192 agency employer without civil service protection, and who:
193 (I) Heads an organizational unit; or
194 (II) Has responsibility to effect or recommend personnel,
195 budget, expenditure, or policy decisions in his or her areas of
196 responsibility.
197 2. In lieu of participation in the Senior Management
198 Service Class, members of the Senior Management Service Class,
199 pursuant to subparagraph 1., may withdraw from the Florida
200 Retirement System altogether. The decision to withdraw from the
201 system is irrevocable as long as the employee holds the
202 position. Any service creditable under the Senior Management
203 Service Class shall be retained after the member withdraws from
204 the system; however, additional service credit in the Senior
205 Management Service Class may not be earned after such
206 withdrawal. Such members are not eligible to participate in the
207 Senior Management Service Optional Annuity Program.
208 3. Effective January 1, 2006, through June 30, 2006, an
209 employee who has withdrawn from the Florida Retirement System
210 under subparagraph 2. has one opportunity to elect to
211 participate in the pension plan or the investment plan.
212 a. If the employee elects to participate in the investment
213 plan, membership shall be prospective, and the applicable
214 provisions of s. 121.4501(4) govern the election.
215 b. If the employee elects to participate in the pension
216 plan, the employee shall, upon payment to the system trust fund
217 of the amount calculated under sub-sub-subparagraph (I), receive
218 service credit for prior service based upon the time during
219 which the employee had withdrawn from the system.
220 (I) The cost for such credit shall be an amount
221 representing the actuarial accrued liability for the affected
222 period of service. The cost shall be calculated using the
223 discount rate and other relevant actuarial assumptions that were
224 used to value the pension plan liabilities in the most recent
225 actuarial valuation. The calculation must include any service
226 already maintained under the pension plan in addition to the
227 period of withdrawal. The actuarial accrued liability
228 attributable to any service already maintained under the pension
229 plan shall be applied as a credit to the total cost resulting
230 from the calculation. The division must ensure that the transfer
231 sum is prepared using a formula and methodology certified by an
232 actuary.
233 (II) The employee must transfer a sum representing the net
234 cost owed for the actuarial accrued liability in sub-sub
235 subparagraph (I) immediately following the time of such
236 movement, determined assuming that attained service equals the
237 sum of service in the pension plan and the period of withdrawal.
238 (h)1. Except as provided in subparagraph 3., effective
239 January 1, 1994, participation in the Senior Management Service
240 Class shall be compulsory for the State Courts Administrator and
241 the Deputy State Courts Administrators, the Clerk of the Supreme
242 Court, the Marshal of the Supreme Court, the Executive Director
243 of the Justice Administrative Commission, the capital collateral
244 regional counsel, the clerks of the district courts of appeals,
245 the marshals of the district courts of appeals, and the trial
246 court administrator and the Chief Deputy Court Administrator in
247 each judicial circuit. Effective January 1, 1994, additional
248 positions in the offices of the state attorney and public
249 defender in each judicial circuit may be designated for
250 inclusion in the Senior Management Service Class of the Florida
251 Retirement System, provided that:
252 a. Positions to be included in the class shall be
253 designated by the state attorney or public defender, as
254 appropriate. Notice of intent to designate positions for
255 inclusion in the class shall be published for at least 2
256 consecutive weeks on a publicly accessible website as provided
257 in s. 50.0311 or, if published in print, once a week for 2
258 consecutive weeks in a newspaper qualified under chapter 50 in
259 the county or counties affected.
260 b. One nonelective full-time position may be designated for
261 each state attorney and public defender reporting to the
262 Department of Management Services; for agencies with 200 or more
263 regularly established positions under the state attorney or
264 public defender, additional nonelective full-time positions may
265 be designated, not to exceed 0.5 percent of the regularly
266 established positions within the agency.
267 c. Each position added to the class must be a managerial or
268 policymaking position filled by an employee who serves at the
269 pleasure of the state attorney or public defender without civil
270 service protection, and who:
271 (I) Heads an organizational unit; or
272 (II) Has responsibility to effect or recommend personnel,
273 budget, expenditure, or policy decisions in his or her areas of
274 responsibility.
275 2. Participation in this class shall be compulsory, except
276 as provided in subparagraph 3., for any judicial employee who
277 holds a position designated for coverage in the Senior
278 Management Service Class, and such participation shall continue
279 until the employee terminates employment in a covered position.
280 Effective January 1, 2001, participation in this class is
281 compulsory for assistant state attorneys, assistant statewide
282 prosecutors, assistant public defenders, and assistant capital
283 collateral regional counsel. Effective January 1, 2002,
284 participation in this class is compulsory for assistant
285 attorneys general.
286 3. In lieu of participation in the Senior Management
287 Service Class, such members, excluding assistant state
288 attorneys, assistant public defenders, assistant statewide
289 prosecutors, assistant attorneys general, and assistant capital
290 collateral regional counsel, may participate in the Senior
291 Management Service Optional Annuity Program as established in
292 subsection (6).
293 Section 8. For the purpose of incorporating the amendment
294 made by this act to section 50.0311, Florida Statutes, in a
295 reference thereto, paragraph (a) of subsection (2) of section
296 162.12, Florida Statutes, is reenacted to read:
297 162.12 Notices.—
298 (2) In addition to providing notice as set forth in
299 subsection (1), at the option of the code enforcement board or
300 the local government, notice may be served by publication or
301 posting, as follows:
302 (a)1. Such notice shall be published in print in a
303 newspaper or on a publicly accessible website as provided in s.
304 50.0311 for 4 consecutive weeks. If published in print, the
305 notice shall be published once during each week for 4
306 consecutive weeks (four publications being sufficient) in a
307 newspaper in the county where the code enforcement board is
308 located. The newspaper shall meet such requirements as are
309 prescribed under chapter 50 for legal and official
310 advertisements.
311 2. Proof of publication shall be made as provided in ss.
312 50.041 and 50.051.
313 Section 9. For the purpose of incorporating the amendment
314 made by this act to section 50.0311, Florida Statutes, in a
315 reference thereto, paragraph (d) of subsection (1) of section
316 190.005, Florida Statutes, is reenacted to read:
317 190.005 Establishment of district.—
318 (1) The exclusive and uniform method for the establishment
319 of a community development district with a size of 2,500 acres
320 or more shall be pursuant to a rule, adopted under chapter 120
321 by the Florida Land and Water Adjudicatory Commission, granting
322 a petition for the establishment of a community development
323 district.
324 (d) A local public hearing on the petition shall be
325 conducted by a hearing officer in conformance with the
326 applicable requirements and procedures of the Administrative
327 Procedure Act. The hearing shall include oral and written
328 comments on the petition pertinent to the factors specified in
329 paragraph (e). The hearing shall be held at an accessible
330 location in the county in which the community development
331 district is to be located. The petitioner shall cause a notice
332 of the hearing to be published for 4 successive weeks on a
333 publicly accessible website as provided in s. 50.0311 or, if
334 published in print, in a newspaper at least once a week for the
335 4 successive weeks immediately prior to the hearing as provided
336 in chapter 50. Such notice shall give the time and place for the
337 hearing, a description of the area to be included in the
338 district, which description shall include a map showing clearly
339 the area to be covered by the district, and any other relevant
340 information which the establishing governing bodies may require.
341 If published in the print edition of a newspaper, the
342 advertisement may not be placed in the portion of the newspaper
343 where legal notices and classified advertisements appear. The
344 advertisement must be published in a newspaper in the county and
345 of general interest and readership in the community pursuant to
346 chapter 50. Whenever possible, the advertisement shall appear in
347 a newspaper that is published at least weekly, unless the only
348 newspaper in the community is published less than weekly. If the
349 notice is published in the print edition of the newspaper, the
350 map must also be included in any online advertisement pursuant
351 to s. 50.0211. All affected units of general-purpose local
352 government and the general public shall be given an opportunity
353 to appear at the hearing and present oral or written comments on
354 the petition.
355 Section 10. For the purpose of incorporating the amendment
356 made by this act to section 50.0311, Florida Statutes, in
357 references thereto, paragraph (f) of subsection (2) of section
358 200.065, Florida Statutes, is reenacted to read:
359 200.065 Method of fixing millage.—
360 (2) No millage shall be levied until a resolution or
361 ordinance has been approved by the governing board of the taxing
362 authority which resolution or ordinance must be approved by the
363 taxing authority according to the following procedure:
364 (f)1. Notwithstanding any provisions of paragraph (c) to
365 the contrary, each school district shall advertise its intent to
366 adopt a tentative budget on a publicly accessible website
367 pursuant to s. 50.0311 or in a newspaper of general circulation
368 pursuant to subsection (3) within 29 days after certification of
369 value pursuant to subsection (1). For the purpose of this
370 paragraph, the term “publicly accessible website” includes a
371 district school board’s official website if the school board
372 website satisfies the remaining requirements of s. 50.0311. Not
373 less than 2 days or more than 5 days thereafter, the district
374 shall hold a public hearing on the tentative budget pursuant to
375 the applicable provisions of paragraph (c). In the event of
376 postponement or recess due to a declared state of emergency, the
377 school district may postpone or recess the hearing for up to 7
378 days and shall post a prominent notice at the place of the
379 original hearing showing the date, time, and place where the
380 hearing will be reconvened. The posted notice shall measure not
381 less than 8.5 by 11 inches. The school district shall make every
382 reasonable effort to provide reasonable notification of the
383 continued hearing to the taxpayers. The information must also be
384 posted on the school district’s website if the district school
385 board uses a different method of advertisement.
386 2. Notwithstanding any provisions of paragraph (b) to the
387 contrary, each school district shall advise the property
388 appraiser of its recomputed proposed millage rate within 35 days
389 of certification of value pursuant to subsection (1). The
390 recomputed proposed millage rate of the school district shall be
391 considered its proposed millage rate for the purposes of
392 paragraph (b).
393 3. Notwithstanding any provisions of paragraph (d) to the
394 contrary, each school district shall hold a public hearing to
395 finalize the budget and adopt a millage rate within 80 days of
396 certification of value pursuant to subsection (1), but not
397 earlier than 65 days after certification. The hearing shall be
398 held in accordance with the applicable provisions of paragraph
399 (d), except that a newspaper advertisement need not precede the
400 hearing.
401 Section 11. For the purpose of incorporating the amendment
402 made by this act to section 50.0311, Florida Statutes, in a
403 reference thereto, subsection (5) of section 849.38, Florida
404 Statutes, is reenacted to read:
405 849.38 Proceedings for forfeiture; notice of seizure and
406 order to show cause.—
407 (5) If the value of the property seized is shown by the
408 sheriff’s return to have an appraised value of $1,000 or less,
409 the above citation shall be served by posting at three public
410 places in the county, one of which shall be the front door of
411 the courthouse; if the value of the property is shown by the
412 sheriff’s return to have an approximate value of more than
413 $1,000, the citation shall be published by print or posted for
414 at least 2 consecutive weeks on a publicly accessible website as
415 provided in s. 50.0311. If published in print, the citation
416 shall appear at least once each week for 2 consecutive weeks in
417 a newspaper qualified to publish legal notices under chapter 50
418 that is published in the county, if there is such a newspaper
419 published in the county. If there is no such newspaper, the
420 notice of such publication shall be made by certificate of the
421 clerk if publication is made by posting, and by affidavit as
422 provided in chapter 50, if made by publication as provided in
423 chapter 50, which affidavit or certificate shall be filed and
424 become a part of the record in the cause. Failure of the record
425 to show proof of such publication shall not affect any judgment
426 made in the cause unless it shall affirmatively appear that no
427 such publication was made.
428 Section 12. For the purpose of incorporating the amendment
429 made by this act to section 50.0311, Florida Statutes, in a
430 reference thereto, paragraph (c) of subsection (2) of section
431 1001.372, Florida Statutes, is reenacted to read:
432 1001.372 District school board meetings.—
433 (2) PLACE OF MEETINGS.—
434 (c) For the purpose of this section, due public notice
435 shall consist of, at least 2 days prior to the meeting:
436 continuous publication on a publicly accessible website as
437 provided in s. 50.0311 or the official district school board
438 website; publication in a newspaper of general circulation in
439 the county, or in each county where there is no newspaper of
440 general circulation in the county, an announcement over at least
441 one radio station whose signal is generally received in the
442 county, a reasonable number of times daily during the 48 hours
443 immediately preceding the date of such meeting; or posting a
444 notice at the courthouse door if no newspaper is published in
445 the county.
446 Section 13. For the purpose of incorporating the amendment
447 made by this act to section 50.0311, Florida Statutes, in a
448 reference thereto, subsection (1) of section 1011.03, Florida
449 Statutes, is reenacted to read:
450 1011.03 Public hearings; budget to be submitted to
451 Department of Education.—
452 (1) Each district school board shall cause a summary of its
453 tentative budget, including the proposed millage levies as
454 provided for by law, to be posted on the district’s official
455 website or on a publicly accessible website as provided in s.
456 50.0311.
457 Section 14. This act shall take effect July 1, 2026.