CS/CS/HB 1009 full text · Session Watch

1 A bill to be entitled

2 An act relating to governmental agency publication of

3 advertisements and public notices; amending s.

4 50.0311, F.S.; expanding the definition of the term

5 "governmental agency"; revising the definition of the

6 term "publicly accessible website"; requiring that

7 certain legal notices be continuously published for a

8 specified timeframe when the notices are for a

9 specified purpose and provided under a certain

10 circumstance; authorizing certain counties or

11 specified municipalities, school boards, clerks of the

12 circuit court, and tax collectors to use a publicly

13 accessible website to publish certain advertisements

14 and legal notices under specified conditions; revising

15 the definition of the term "special district";

16 requiring that certain public bid advertisements on a

17 publicly accessible website be provided and accessible

18 to the general public without charge; reenacting ss.

19 11.02, 45.031(2), 50.011(2), 50.021, 50.0211(3),

20 50.031, 50.051, 50.061(4), 50.0711(1), (3) and (4),

21 69.081(9), 90.902(12), 120.81(1)(d), 121.055(1)(b) and

22 (h), 125.66(2)(a), 162.12(2)(a), 189.015(1),

23 190.005(1)(d), 197.402(1), 200.065(2)(f),

24 338.223(1)(c), 348.0308(3), 348.635(3), 348.7605(3),

25 373.0397, 373.146, 403.722(12), 849.38(5),

26 932.704(6)(a), 1001.372(2)(c), and 1011.03(1), F.S.,

27 relating to notice of special or local legislation or

28 certain relief acts, judicial sales procedure,

29 publication of legal notices, publication when no

30 newspaper in county, Internet website publication,

31 newspapers in which legal notices and process may be

32 published, proof of publication, form of uniform

33 affidavit, amounts chargeable, court docket fund,

34 service charges, publications, sunshine in litigation,

35 concealment of public hazards prohibited, self-

36 authentication, exceptions and special requirements,

37 general areas, Senior Management Service Class,

38 ordinances, enactment procedure, emergency ordinances,

39 rezoning or change of land use ordinances or

40 resolutions, notices, meetings, notice, required

41 reports, establishment of district, advertisement of

42 real or personal property with delinquent taxes,

43 method of fixing millage, proposed turnpike projects,

44 public-private partnership, public-private

45 partnership, public-private partnership, Floridan and

46 Biscayne aquifers, designation of prime groundwater

47 recharge areas, publication of notices, process, and

48 papers, permits, hazardous waste disposal, storage,

49 and treatment facilities, proceedings for forfeiture,

50 notice of seizure and order to show cause, forfeiture

51 proceedings, district school board meetings, public

52 hearings, budget to be submitted to Department of

53 Education, respectively; providing an effective date.

55 Be It Enacted by the Legislature of the State of Florida:

57 Section 1. Section 50.0311, Florida Statutes, is amended

58 to read:

59 50.0311 Publication of advertisements and public notices

60 on a publicly accessible website and governmental access

61 channels.—

62 (1) For purposes of this chapter, the term "governmental

63 agency" means a county, municipality, school board, clerk of the

64 circuit court, tax collector, water management district

65 operating pursuant to chapter 373, or other unit of local

66 government or political subdivision in this state.

67 (2) For purposes of notices and advertisements required

68 under s. 50.011, the term "publicly accessible website" means a

69 county's official website or other private website designated by

70 the county for the publication of legal notices and

71 advertisements which ~~that~~ is accessible through ~~via~~ the

72 Internet. For legal notices and advertisements required under s.

73 50.011 by a municipality, clerk of the circuit court, tax

74 collector, water management district, or other unit of local

75 government, the term "publicly accessible website" means such

76 entity's official website, a private website designated by such

77 entity, a county's official website, or a private website

78 designated by the county in which such entity is located.

79 (3) All advertisements and public notices published on a

80 website as provided in this chapter must be in searchable form

81 and indicate the date on which the advertisement or public

82 notice was first published on the website.

83 (4) Any legal notice or advertisement that is published on

84 a publicly accessible website must, unless otherwise specified

85 by law, be published continuously for at least 2 weeks when the

86 purpose is to provide notice of the status of a government

87 activity or be published continuously from the date of initial

88 publication through the date of the proposed event or activity.

89 (5)(3) A governmental agency may use the publicly

90 accessible website of the county in which it lies to publish

91 legally required advertisements and public notices if the cost

92 of publishing advertisements and public notices on such website

93 is less than the cost of publishing advertisements and public

94 notices in a newspaper.

95 (6)(4) A ~~governmental agency with at least 75 percent of~~

96 ~~its population located within a~~ county having ~~with~~ a population

97 of less ~~fewer~~ than 160,000; a municipality, school board, clerk

98 of the circuit court, or tax collector that is located within a

99 county having a population of less than 160,000; or any other

100 unit of local government or political subdivision in this state

101 having at least 75 percent of its population located within a

102 county having a population of less than 160,000 may use a

103 publicly accessible website to publish legally required

104 advertisements and public notices only if the governing body of

105 the governmental agency, at a public hearing that has been

106 noticed in a newspaper as provided in this chapter, determines

107 that the residents of the governmental agency have sufficient

108 access to the Internet by broadband service, as defined in s.

109 364.02, or by any other means, such that publishing

110 advertisements and public notices on a publicly accessible

111 website will not unreasonably restrict public access.

112 (7)(5) A special district spanning the geographic

113 boundaries of more than one county that satisfies the criteria

114 for publishing and publishes ~~chooses to publish~~ legally required

115 advertisements and public notices on a publicly accessible

116 website must publish such advertisements and public notices on

117 the publicly accessible website of each county it spans. For

118 purposes of this subsection, the term "special district" has the

119 same meaning as in s. 189.012 but does not include a water

120 management district operating pursuant to chapter 373.

121 (8)(6) A governmental agency that uses a publicly

122 accessible website to publish legally required advertisements

123 and public notices must ~~shall~~ provide notice at least once per

124 year in a newspaper of general circulation or another

125 publication that is mailed or delivered to all residents and

126 property owners throughout the government's jurisdiction,

127 indicating that property owners and residents may receive

128 legally required advertisements and public notices from the

129 governmental agency by first-class mail or e-mail upon

130 registering their name and address or e-mail address with the

131 governmental agency. The governmental agency must ~~shall~~ maintain

132 a registry of names, addresses, and e-mail addresses of property

133 owners and residents who have requested in writing that they

134 receive legally required advertisements and public notices from

135 the governmental agency by first-class mail or e-mail.

136 (9)(7) A link to advertisements and public notices

137 published on a publicly accessible website must ~~shall~~ be

138 conspicuously placed:

139 (a) On the website's homepage or on a page accessible

140 through a direct link from the homepage.

141 (b) On the homepage of the website of each governmental

142 agency publishing notices on the publicly accessible website or

143 on a page accessible through a direct link from the homepage.

144 (10) A public bid advertisement made by a governmental

145 agency or special governmental agency on a publicly accessible

146 website must be provided and accessible to the general public

147 without charge.

148 (11)(8) A governmental agency that has a governmental

149 access channel authorized under s. 610.109 may also include on

150 its governmental access channel a summary of all advertisements

151 and public notices that are published on a publicly accessible

152 website.

153 (12)(9) A public bid advertisement made by a governmental

154 agency on a publicly accessible website must include a method to

155 accept electronic bids.

156 Section 2. For the purpose of incorporating the amendment

157 made by this act to section 50.0311, Florida Statutes, in a

158 reference thereto, section 11.02, Florida Statutes, is reenacted

159 to read:

160 11.02 Notice of special or local legislation or certain

161 relief acts.—The notice required to obtain special or local

162 legislation or any relief act specified in s. 11.065 shall be by

163 publishing the identical notice as provided in chapter 50 or

164 circulated throughout the county or counties where the matter or

165 thing to be affected by such legislation shall be situated one

166 time at least 30 days before introduction of the proposed law

167 into the Legislature or, if the notice is not published on a

168 publicly accessible website as provided in s. 50.0311 and there

169 is no newspaper circulated throughout or published in the

170 county, by posting for at least 30 days at not fewer than three

171 public places in the county or each of the counties, one of

172 which places shall be at the courthouse in the county or

173 counties where the matter or thing to be affected by such

174 legislation shall be situated. Notice of special or local

175 legislation shall state the substance of the contemplated law,

176 as required by s. 10, Art. III of the State Constitution. Notice

177 of any relief act specified in s. 11.065 shall state the name of

178 the claimant, the nature of the injury or loss for which the

179 claim is made, and the amount of the claim against the affected

180 municipality's revenue-sharing trust fund.

181 Section 3. For the purpose of incorporating the amendment

182 made by this act to section 50.0311, Florida Statutes, in a

183 reference thereto, subsection (2) of section 45.031, Florida

184 Statutes, is reenacted to read:

185 45.031 Judicial sales procedure.—In any sale of real or

186 personal property under an order or judgment, the procedures

187 provided in this section and ss. 45.0315-45.035 may be followed

188 as an alternative to any other sale procedure if so ordered by

189 the court.

190 (2) PUBLICATION OF SALE.—Notice of sale shall be published

191 on a publicly accessible website as provided in s. 50.0311 for

192 at least 2 consecutive weeks before the sale or once a week for

193 2 consecutive weeks in a newspaper of general circulation, as

194 provided in chapter 50, published in the county where the sale

195 is to be held. The second publication by newspaper shall be at

196 least 5 days before the sale. The notice shall contain:

197 (a) A description of the property to be sold.

198 (b) The time and place of sale.

199 (c) A statement that the sale will be made pursuant to the

200 order or final judgment.

201 (d) The caption of the action.

202 (e) The name of the clerk making the sale.

203 (f) A statement that any person claiming an interest in

204 the surplus from the sale, if any, other than the property owner

205 as of the date of the lis pendens must file a claim before the

206 clerk reports the surplus as unclaimed.

208 The court, in its discretion, may enlarge the time of the sale.

209 Notice of the changed time of sale shall be published as

210 provided herein.

211 Section 4. For the purpose of incorporating the amendment

212 made by this act to section 50.0311, Florida Statutes, in a

213 reference thereto, subsection (2) of section 50.011, Florida

214 Statutes, is reenacted to read:

215 50.011 Publication of legal notices.—Whenever by statute

216 an official or legal advertisement or a publication or notice in

217 a newspaper or on a governmental agency website has been or is

218 directed or permitted in the nature of or in lieu of process, or

219 for constructive service, or in initiating, assuming, reviewing,

220 exercising, or enforcing jurisdiction or power, or for any

221 purpose, including all legal notices and advertisements of

222 sheriffs and tax collectors, such legislation, whether existing

223 or repealed, means either of the following:

224 (2) A publication on a publicly accessible website under

225 s. 50.0311.

226 Section 5. For the purpose of incorporating the amendment

227 made by this act to section 50.0311, Florida Statutes, in a

228 reference thereto, section 50.021, Florida Statutes, is

229 reenacted to read:

230 50.021 Publication when no newspaper in county.—When any

231 law, or order or decree of court, directs advertisements to be

232 made in a county and there is no newspaper published in the

233 county, the advertisement may be published on a publicly

234 accessible website as provided in s. 50.0311 or made by posting

235 three copies thereof in three different places in the county,

236 one of which shall be at the front door of the courthouse, and

237 by publication in the nearest county in which a newspaper

238 qualified under this chapter is published.

239 Section 6. For the purpose of incorporating the amendment made by this act to section 50.0311, Florida Statutes, in a

241 reference thereto, subsection (3) of section 50.0211, Florida

242 Statutes, is reenacted to read:

243 50.0211 Internet website publication.—

244 (3)(a) If a legal notice is published in the print edition

245 of a newspaper, the newspaper publishing the notice shall place

246 the notice on the statewide website established and maintained

247 as an initiative of the Florida Press Association as a

248 repository for such notices located at the following address:

249 www.floridapublicnotices.com.

250 (b) A legal notice placed on the statewide website created

251 under this subsection must be:

252 1. Accessible and searchable by party name and case

253 number.

254 2. Published for a period of at least 90 consecutive days

255 after the first day of publication.

256 (c) The statewide website created under this subsection

257 shall maintain a searchable archive of all legal notices

258 published on the publicly accessible website for 18 months after

259 the first day of publication. Such searchable archive shall be

260 provided and accessible to the general public without charge.

261 Section 7. For the purpose of incorporating the amendment

262 made by this act to section 50.0311, Florida Statutes, in a

263 reference thereto, section 50.031, Florida Statutes, is

264 reenacted to read:

265 50.031 Newspapers in which legal notices and process may

266 be published.—If a governmental agency publishes a legal notice

267 in a newspaper, no notice or publication required to be

268 published in the nature of or in lieu of process of any kind,

269 nature, character, or description provided for under any law of

270 the state, whether heretofore or hereafter enacted, and whether

271 pertaining to constructive service, or the initiating, assuming,

272 reviewing, exercising, or enforcing jurisdiction or power, by

273 any court in this state, or any notice of sale of property, real

274 or personal, for taxes, state, county, or municipal, or

275 sheriff's, guardian's, or administrator's or any sale made

276 pursuant to any judicial order, decree, or statute or any other

277 publication or notice pertaining to any affairs of the state, or

278 any county, municipality, or other political subdivision

279 thereof, shall be deemed to have been published in accordance

280 with the statutes providing for such publication, unless the

281 same shall have been published for the prescribed period of time

282 required for such publication, in a newspaper which at the time

283 of such publication shall have been in existence for 2 years and

284 meets the requirements set forth in s. 50.011, or in a newspaper

285 which is a direct successor of a newspaper which has been so

286 published; provided, however, that nothing herein contained

287 shall apply where in any county there shall be no newspaper in

288 existence which shall have been published for the length of time

289 above prescribed. No legal publication of any kind, nature, or

290 description, as herein defined, shall be valid or binding or

291 held to be in compliance with the statutes providing for such

292 publication unless the same shall have been published in

293 accordance with this section or s. 50.0311. Proof of such

294 publication shall be made by uniform affidavit.

295 Section 8. For the purpose of incorporating the amendment

296 made by this act to section 50.0311, Florida Statutes, in a

297 reference thereto, section 50.051, Florida Statutes, is

298 reenacted to read:

299 50.051 Proof of publication; form of uniform affidavit.—

300 The printed form upon which all such affidavits establishing

301 proof of publication are to be executed shall be substantially

302 as follows:

303 NAME OF COUNTY

304 STATE OF FLORIDA

305 COUNTY OF ....

306 Before the undersigned authority personally appeared ....,

307 who on oath says that he or she is .... of .... County, Florida;

308 that the attached copy of advertisement, being a .... in the

309 matter of .... in the .... Court, was published on the publicly

310 accessible website of .... County, Florida, or in a newspaper by

311 print in the issues of .... on ...(date)....

312 Affiant further says that the website or newspaper complies

313 with all legal requirements for publication in chapter 50,

314 Florida Statutes.

315 Sworn to and subscribed before me this .... day of ....,

316 ...(year)..., by ...., who is personally known to me or who has

317 produced ...(type of identification)... as identification.

318 ...(Signature of Notary Public)...

319 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...

320 ...(Notary Public)...

321 Section 9. For the purpose of incorporating the amendment

322 made by this act to section 50.0311, Florida Statutes, in a

323 reference thereto, subsection (4) of section 50.061, Florida

324 Statutes, is reenacted to read:

325 50.061 Amounts chargeable.—

326 (4) A governmental agency publishing an official public

327 notice or legal advertisement may procure publication by

328 soliciting and accepting written bids from newspapers published

329 in the county, in which case the specified charges in this

330 section do not apply.

331 Section 10. For the purpose of incorporating the amendment

332 made by this act to section 50.0311, Florida Statutes, in a

333 reference thereto, subsections (1), (3), and (4) of section

334 50.0711, Florida Statutes, are reenacted to read:

335 50.0711 Court docket fund; service charges; publications.—

336 (1) The clerk of the court in each county may establish a

337 court docket fund for the purpose of paying the cost of

338 publication of the fact of the filing of any civil case in the

339 circuit court of the county by the style and of the calendar

340 relating to such cases. This court docket fund shall be funded

341 by $1 mandatory court cost for all civil actions, suits, or

342 proceedings filed in the circuit court of the county. The clerk

343 shall maintain such funds separate and apart, and the proceeds

344 from this court cost shall not be diverted to any other fund or

345 for any purpose other than that established in this section. The

346 clerk of the court shall dispense the fund to the designated

347 publicly accessible website publisher or record newspaper in the

348 county on a quarterly basis.

349 (3) The publicly accessible website publisher or

350 publishers of any designated record newspapers receiving payment

351 from this court docket fund shall publish, without additional

352 charge, the fact of the filing of any civil case, suit, or

353 action filed in such county in the circuit. Such publication

354 shall be in accordance with a schedule agreed upon between the

355 website publisher or record newspaper and the clerk of the court

356 in such county.

357 (4) The publicly accessible website publisher or

358 publishers of any designated record newspapers receiving

359 revenues from the court docket fund established in subsection

360 (1) shall, without charge, accept legal advertisements for the

361 purpose of service of process by publication under s. 49.011(4),

362 (10), and (11) when such publication is required of persons

363 authorized to proceed as indigent persons under s. 57.081.

364 Section 11. For the purpose of incorporating the amendment made by this act to section 50.0311, Florida Statutes, in a

366 reference thereto, subsection (9) of section 69.081, Florida

367 Statutes, is reenacted to read:

368 69.081 Sunshine in litigation; concealment of public

369 hazards prohibited.—

370 (9) A governmental entity, except a municipality or

371 county, that settles a claim in tort which requires the

372 expenditure of public funds in excess of $5,000, shall provide

373 notice, in accordance with the provisions of chapter 50, of such

374 settlement, in the county in which the claim arose, within 60

375 days of entering into such settlement; provided that no notice

376 shall be required if the settlement has been approved by a court

377 of competent jurisdiction.

378 Section 12. For the purpose of incorporating the amendment

379 made by this act to section 50.0311, Florida Statutes, in a reference thereto, subsection (12) of section 90.902, Florida

381 Statutes, is reenacted to read:

382 90.902 Self-authentication.—Extrinsic evidence of

383 authenticity as a condition precedent to admissibility is not

384 required for:

385 (12) A legal notice published in accordance with the

386 requirements of chapter 50 in the print edition of a qualified

387 newspaper or on a publicly accessible website as provided in s.

388 50.0311.

389 Section 13. For the purpose of incorporating the amendment made by this act to section 50.0311, Florida Statutes, in a

391 reference thereto, paragraph (d) of subsection (1) of section

392 120.81, Florida Statutes, is reenacted to read:

393 120.81 Exceptions and special requirements; general

394 areas.—

395 (1) EDUCATIONAL UNITS.—

396 (d) Notwithstanding any other provision of this chapter,

397 educational units shall not be required to include the full text

398 of the rule or rule amendment in notices relating to rules and

399 need not publish these or other notices in the Florida

400 Administrative Register, but notice shall be made:

401 1. By publication in a newspaper qualified under chapter

402 50 in the affected area or on a publicly accessible website as

403 provided in s. 50.0311;

404 2. By mail to all persons who have made requests of the

405 educational unit for advance notice of its proceedings and to

406 organizations representing persons affected by the proposed

407 rule; and

408 3. By posting in appropriate places so that those

409 particular classes of persons to whom the intended action is

410 directed may be duly notified.

411 Section 14. For the purpose of incorporating the amendment

412 made by this act to section 50.0311, Florida Statutes, in a

413 reference thereto, paragraphs (b) and (h) of subsection (1) of

414 section 121.055, Florida Statutes, are reenacted to read:

415 121.055 Senior Management Service Class.—There is hereby

416 established a separate class of membership within the Florida

417 Retirement System to be known as the "Senior Management Service

418 Class," which shall become effective February 1, 1987.

419 (1)

420 (b)1. Except as provided in subparagraph 2., effective

421 January 1, 1990, participation in the Senior Management Service

422 Class is compulsory for the president of each community college,

423 the manager of each participating municipality or county, and

424 all appointed district school superintendents. Effective January

425 1, 1994, additional positions may be designated for inclusion in

426 the Senior Management Service Class if:

427 a. Positions to be included in the class are designated by

428 the local agency employer. Notice of intent to designate

429 positions for inclusion in the class must be published for at

430 least 2 consecutive weeks if published on a publicly accessible

431 website as provided in s. 50.0311 or, if published in print,

432 once a week for 2 consecutive weeks in a newspaper qualified

433 under chapter 50 that is published in the county or counties

434 affected.

435 b. Up to 10 nonelective full-time positions may be

436 designated for each local agency employer reporting to the

437 department; for local agencies with 100 or more regularly

438 established positions, additional nonelective full-time

439 positions may be designated, not to exceed 1 percent of the

440 regularly established positions within the agency.

441 c. Each position added to the class must be a managerial

442 or policymaking position filled by an employee who is not

443 subject to continuing contract and serves at the pleasure of the

444 local agency employer without civil service protection, and who:

445 (I) Heads an organizational unit; or

446 (II) Has responsibility to effect or recommend personnel,

447 budget, expenditure, or policy decisions in his or her areas of

448 responsibility.

449 2. In lieu of participation in the Senior Management

450 Service Class, members of the Senior Management Service Class,

451 pursuant to subparagraph 1., may withdraw from the Florida

452 Retirement System altogether. The decision to withdraw from the

453 system is irrevocable as long as the employee holds the

454 position. Any service creditable under the Senior Management

455 Service Class shall be retained after the member withdraws from

456 the system; however, additional service credit in the Senior

457 Management Service Class may not be earned after such

458 withdrawal. Such members are not eligible to participate in the

459 Senior Management Service Optional Annuity Program.

460 3. Effective January 1, 2006, through June 30, 2006, an

461 employee who has withdrawn from the Florida Retirement System

462 under subparagraph 2. has one opportunity to elect to

463 participate in the pension plan or the investment plan.

464 a. If the employee elects to participate in the investment

465 plan, membership shall be prospective, and the applicable

466 provisions of s. 121.4501(4) govern the election.

467 b. If the employee elects to participate in the pension

468 plan, the employee shall, upon payment to the system trust fund

469 of the amount calculated under sub-sub-subparagraph (I), receive

470 service credit for prior service based upon the time during

471 which the employee had withdrawn from the system.

472 (I) The cost for such credit shall be an amount

473 representing the actuarial accrued liability for the affected

474 period of service. The cost shall be calculated using the

475 discount rate and other relevant actuarial assumptions that were

476 used to value the pension plan liabilities in the most recent

477 actuarial valuation. The calculation must include any service

478 already maintained under the pension plan in addition to the

479 period of withdrawal. The actuarial accrued liability

480 attributable to any service already maintained under the pension

481 plan shall be applied as a credit to the total cost resulting

482 from the calculation. The division must ensure that the transfer

483 sum is prepared using a formula and methodology certified by an

484 actuary.

485 (II) The employee must transfer a sum representing the net

486 cost owed for the actuarial accrued liability in sub-sub-

487 subparagraph (I) immediately following the time of such

488 movement, determined assuming that attained service equals the

489 sum of service in the pension plan and the period of withdrawal.

490 (h)1. Except as provided in subparagraph 3., effective

491 January 1, 1994, participation in the Senior Management Service

492 Class shall be compulsory for the State Courts Administrator and

493 the Deputy State Courts Administrators, the Clerk of the Supreme

494 Court, the Marshal of the Supreme Court, the Executive Director

495 of the Justice Administrative Commission, the capital collateral

496 regional counsel, the clerks of the district courts of appeals,

497 the marshals of the district courts of appeals, and the trial

498 court administrator and the Chief Deputy Court Administrator in

499 each judicial circuit. Effective January 1, 1994, additional

500 positions in the offices of the state attorney and public

501 defender in each judicial circuit may be designated for

502 inclusion in the Senior Management Service Class of the Florida

503 Retirement System, provided that:

504 a. Positions to be included in the class shall be

505 designated by the state attorney or public defender, as

506 appropriate. Notice of intent to designate positions for

507 inclusion in the class shall be published for at least 2

508 consecutive weeks on a publicly accessible website as provided

509 in s. 50.0311 or, if published in print, once a week for 2

510 consecutive weeks in a newspaper qualified under chapter 50 in

511 the county or counties affected.

512 b. One nonelective full-time position may be designated

513 for each state attorney and public defender reporting to the

514 Department of Management Services; for agencies with 200 or more

515 regularly established positions under the state attorney or

516 public defender, additional nonelective full-time positions may

517 be designated, not to exceed 0.5 percent of the regularly

518 established positions within the agency.

519 c. Each position added to the class must be a managerial

520 or policymaking position filled by an employee who serves at the

521 pleasure of the state attorney or public defender without civil

522 service protection, and who:

523 (I) Heads an organizational unit; or

524 (II) Has responsibility to effect or recommend personnel,

525 budget, expenditure, or policy decisions in his or her areas of

526 responsibility.

527 2. Participation in this class shall be compulsory, except

528 as provided in subparagraph 3., for any judicial employee who

529 holds a position designated for coverage in the Senior

530 Management Service Class, and such participation shall continue

531 until the employee terminates employment in a covered position.

532 Effective January 1, 2001, participation in this class is

533 compulsory for assistant state attorneys, assistant statewide

534 prosecutors, assistant public defenders, and assistant capital

535 collateral regional counsel. Effective January 1, 2002,

536 participation in this class is compulsory for assistant

537 attorneys general.

538 3. In lieu of participation in the Senior Management

539 Service Class, such members, excluding assistant state

540 attorneys, assistant public defenders, assistant statewide

541 prosecutors, assistant attorneys general, and assistant capital

542 collateral regional counsel, may participate in the Senior

543 Management Service Optional Annuity Program as established in

544 subsection (6).

545 Section 15. For the purpose of incorporating the amendment

546 made by this act to section 50.0311, Florida Statutes, in a

547 reference thereto, paragraph (a) of subsection (2) of section

548 125.66, Florida Statutes, is reenacted to read:

549 125.66 Ordinances; enactment procedure; emergency

550 ordinances; rezoning or change of land use ordinances or

551 resolutions.—

552 (2)(a) The regular enactment procedure is as follows: The

553 board of county commissioners at any regular or special meeting

554 may enact or amend any ordinance, except as provided in

555 subsection (5), if notice of intent to consider such ordinance

556 is given at least 10 days before such meeting by publication as

557 provided in chapter 50. A copy of such notice must be kept

558 available for public inspection during the regular business

559 hours of the office of the clerk of the board of county

560 commissioners. The notice of proposed enactment must state the

561 date, time, and place of the meeting; the title or titles of

562 proposed ordinances; and the place or places within the county

563 where such proposed ordinances may be inspected by the public.

564 The notice must also advise that interested parties may appear

565 at the meeting and be heard with respect to the proposed

566 ordinance.

567 Section 16. For the purpose of incorporating the amendment

568 made by this act to section 50.0311, Florida Statutes, in a

569 reference thereto, paragraph (a) of subsection (2) of section

570 162.12, Florida Statutes, is reenacted to read:

571 162.12 Notices.—

572 (2) In addition to providing notice as set forth in

573 subsection (1), at the option of the code enforcement board or

574 the local government, notice may be served by publication or

575 posting, as follows:

576 (a)1. Such notice shall be published in print in a

577 newspaper or on a publicly accessible website as provided in s.

578 50.0311 for 4 consecutive weeks. If published in print, the

579 notice shall be published once during each week for 4

580 consecutive weeks (four publications being sufficient) in a

581 newspaper in the county where the code enforcement board is

582 located. The newspaper shall meet such requirements as are

583 prescribed under chapter 50 for legal and official

584 advertisements.

585 2. Proof of publication shall be made as provided in ss.

586 50.041 and 50.051.

587 Section 17. For the purpose of incorporating the amendment

588 made by this act to section 50.0311, Florida Statutes, in a

589 reference thereto, subsection (1) of section 189.015, Florida Statutes, is reenacted to read:

591 189.015 Meetings; notice; required reports.—

592 (1) The governing body of each special district shall file

593 quarterly, semiannually, or annually a schedule of its regular

594 meetings with the local governing authority or authorities. The

595 schedule shall include the date, time, and location of each

596 scheduled meeting. The schedule shall be published quarterly,

597 semiannually, or annually in the manner required in this

598 subsection. The governing body of an independent special

599 district shall advertise the day, time, place, and purpose of

600 any meeting other than a regular meeting or any recessed and

601 reconvened meeting of the governing body, at least 7 days before

602 such meeting as provided in chapter 50 in the county or counties

603 in which the special district is located, unless a bona fide

604 emergency situation exists, in which case a meeting to deal with

605 the emergency may be held as necessary, with reasonable notice,

606 so long as it is subsequently ratified by the governing body. No

607 approval of the annual budget shall be granted at an emergency

608 meeting. The notice shall be posted as provided in chapter 50.

609 Any other provision of law to the contrary notwithstanding, and

610 except in the case of emergency meetings, water management

611 districts may provide reasonable notice of public meetings held

612 to evaluate responses to solicitations issued by the water

613 management district, as provided in chapter 50 by publication on

614 a publicly accessible website or by publication in a newspaper

615 in the county where the principal office of the water management

616 district is located, or in the county or counties where the

617 public work will be performed, no fewer than 7 days before such

618 meeting.

619 Section 18. For the purpose of incorporating the amendment

620 made by this act to section 50.0311, Florida Statutes, in a

621 reference thereto, paragraph (d) of subsection (1) of section

622 190.005, Florida Statutes, is reenacted to read:

623 190.005 Establishment of district.—

624 (1) The exclusive and uniform method for the establishment

625 of a community development district with a size of 2,500 acres

626 or more shall be pursuant to a rule, adopted under chapter 120

627 by the Florida Land and Water Adjudicatory Commission, granting

628 a petition for the establishment of a community development

629 district.

630 (d) A local public hearing on the petition shall be

631 conducted by a hearing officer in conformance with the

632 applicable requirements and procedures of the Administrative

633 Procedure Act. The hearing shall include oral and written

634 comments on the petition pertinent to the factors specified in

635 paragraph (e). The hearing shall be held at an accessible

636 location in the county in which the community development

637 district is to be located. The petitioner shall cause a notice

638 of the hearing to be published for 4 successive weeks on a

639 publicly accessible website as provided in s. 50.0311 or, if

640 published in print, in a newspaper at least once a week for the

641 4 successive weeks immediately prior to the hearing as provided

642 in chapter 50. Such notice shall give the time and place for the

643 hearing, a description of the area to be included in the

644 district, which description shall include a map showing clearly

645 the area to be covered by the district, and any other relevant

646 information which the establishing governing bodies may require.

647 If published in the print edition of a newspaper, the

648 advertisement may not be placed in the portion of the newspaper

649 where legal notices and classified advertisements appear. The

650 advertisement must be published in a newspaper in the county and

651 of general interest and readership in the community pursuant to

652 chapter 50. Whenever possible, the advertisement shall appear in

653 a newspaper that is published at least weekly, unless the only

654 newspaper in the community is published less than weekly. If the

655 notice is published in the print edition of the newspaper, the

656 map must also be included in any online advertisement pursuant

657 to s. 50.0211. All affected units of general-purpose local

658 government and the general public shall be given an opportunity

659 to appear at the hearing and present oral or written comments on

660 the petition.

661 Section 19. For the purpose of incorporating the amendment

662 made by this act to section 50.0311, Florida Statutes, in a

663 reference thereto, subsection (1) of section 197.402, Florida

664 Statutes, is reenacted to read:

665 197.402 Advertisement of real or personal property with

666 delinquent taxes.—

667 (1) If advertisements are required, the board of county

668 commissioners shall make such notice as provided in chapter 50.

669 The tax collector shall pay all charges, and the proportionate

670 cost of the advertisements shall be added to the delinquent

671 taxes collected.

672 Section 20. For the purpose of incorporating the amendment

673 made by this act to section 50.0311, Florida Statutes, in a

674 reference thereto, paragraph (f) of subsection (2) of section

675 200.065, Florida Statutes, is reenacted to read:

676 200.065 Method of fixing millage.—

677 (2) No millage shall be levied until a resolution or

678 ordinance has been approved by the governing board of the taxing

679 authority which resolution or ordinance must be approved by the

680 taxing authority according to the following procedure:

681 (f)1. Notwithstanding any provisions of paragraph (c) to

682 the contrary, each school district shall advertise its intent to

683 adopt a tentative budget on a publicly accessible website

684 pursuant to s. 50.0311 or in a newspaper of general circulation

685 pursuant to subsection (3) within 29 days after certification of

686 value pursuant to subsection (1). For the purpose of this

687 paragraph, the term "publicly accessible website" includes a

688 district school board's official website if the school board

689 website satisfies the remaining requirements of s. 50.0311. Not

690 less than 2 days or more than 5 days thereafter, the district

691 shall hold a public hearing on the tentative budget pursuant to

692 the applicable provisions of paragraph (c). In the event of

693 postponement or recess due to a declared state of emergency, the

694 school district may postpone or recess the hearing for up to 7

695 days and shall post a prominent notice at the place of the

696 original hearing showing the date, time, and place where the

697 hearing will be reconvened. The posted notice shall measure not

698 less than 8.5 by 11 inches. The school district shall make every

699 reasonable effort to provide reasonable notification of the

700 continued hearing to the taxpayers. The information must also be

701 posted on the school district's website if the district school

702 board uses a different method of advertisement.

703 2. Notwithstanding any provisions of paragraph (b) to the

704 contrary, each school district shall advise the property

705 appraiser of its recomputed proposed millage rate within 35 days

706 of certification of value pursuant to subsection (1). The

707 recomputed proposed millage rate of the school district shall be

708 considered its proposed millage rate for the purposes of

709 paragraph (b).

710 3. Notwithstanding any provisions of paragraph (d) to the

711 contrary, each school district shall hold a public hearing to

712 finalize the budget and adopt a millage rate within 80 days of

713 certification of value pursuant to subsection (1), but not

714 earlier than 65 days after certification. The hearing shall be

715 held in accordance with the applicable provisions of paragraph

716 (d), except that a newspaper advertisement need not precede the

717 hearing.

718 Section 21. For the purpose of incorporating the amendment

719 made by this act to section 50.0311, Florida Statutes, in a

720 reference thereto, paragraph (c) of subsection (1) of section

721 338.223, Florida Statutes, is reenacted to read:

722 338.223 Proposed turnpike projects.—

723 (1)

724 (c) Prior to requesting legislative approval of a proposed

725 turnpike project, the environmental feasibility of the proposed

726 project shall be reviewed by the Department of Environmental

727 Protection. The department shall submit its Project Development

728 and Environmental Report to the Department of Environmental

729 Protection, along with a draft copy of a public notice. Within

730 14 days of receipt of the draft public notice, the Department of

731 Environmental Protection shall return the draft public notice to

732 the Department of Transportation with an approval of the

733 language or modifications to the language. Upon receipt of the

734 approved or modified draft, or if no comments are provided

735 within 14 days, the Department of Transportation shall publish

736 the notice as provided in chapter 50 to provide a 30-day public

737 comment period. If published in the print edition of a

738 newspaper, the headline of the required notice shall be in a

739 type no smaller than 18 point, shall be placed in that portion

740 of the newspaper where legal notices appear, and shall be

741 published in a newspaper qualified to publish legal notices in

742 the county or counties of general interest and readership in the

743 community as provided in s. 50.031. Whenever possible, the

744 notice shall appear in a newspaper that is published at least

745 weekly. All notices published pursuant to this section shall

746 include, at a minimum, the following information:

747 1. The purpose of the notice is to provide for a 30-day

748 period for written public comments on the environmental impacts

749 of a proposed turnpike project.

750 2. The name and description of the project, along with a

751 geographic location map clearly indicating the area where the

752 proposed project will be located.

753 3. The address where such comments must be sent and the

754 date such comments are due.

756 After a review of the department's report and any public

757 comments, the Department of Environmental Protection shall

758 submit a statement of environmental feasibility to the

759 department within 30 days after the date on which public

760 comments are due. The notice and the statement of environmental

761 feasibility shall not give rise to any rights to a hearing or

762 other rights or remedies provided pursuant to chapter 120 or

763 chapter 403, and shall not bind the Department of Environmental

764 Protection in any subsequent environmental permit review. Section 22. For the purpose of incorporating the amendment

766 made by this act to section 50.0311, Florida Statutes, in a

767 reference thereto, subsection (3) of section 348.0308, Florida

768 Statutes, is reenacted to read:

769 348.0308 Public-private partnership.—The Legislature

770 declares that there is a public need for the rapid construction

771 of safe and efficient transportation facilities for traveling

772 within the state and that it is in the public's interest to

773 provide for public-private partnership agreements to effectuate

774 the construction of additional safe, convenient, and economical

775 transportation facilities.

776 (3) The agency may request proposals for public-private

777 transportation projects or, if it receives an unsolicited

778 proposal, it must publish a notice in the Florida Administrative

779 Register and, as provided in chapter 50, on a publicly

780 accessible website or by print in a newspaper qualified to

781 publish legal notices in the county in which the project is

782 located at least once a week for 2 weeks stating that it has

783 received the proposal and will accept, for 60 days after the

784 initial date of publication, other proposals for the same

785 project purpose. A copy of the notice must be mailed to each

786 local government in the affected areas. After the public

787 notification period has expired, the agency shall rank the

788 proposals in order of preference. In ranking the proposals, the

789 agency shall consider professional qualifications, general

790 business terms, innovative engineering or cost-reduction terms,

791 finance plans, and the need for state funds to deliver the

792 proposal. If the agency is not satisfied with the results of the

793 negotiations, it may, at its sole discretion, terminate

794 negotiations with the proposer. If these negotiations are

795 unsuccessful, the agency may go to the second and lower-ranked

796 firms, in order, using the same procedure. If only one proposal

797 is received, the agency may negotiate in good faith, and if it

798 is not satisfied with the results, it may, at its sole

799 discretion, terminate negotiations with the proposer. The agency

800 may, at its discretion, reject all proposals at any point in the

801 process up to completion of a contract with the proposer.

802 Section 23. For the purpose of incorporating the amendment

803 made by this act to section 50.0311, Florida Statutes, in a

804 reference thereto, subsection (3) of section 348.635, Florida Statutes, is reenacted to read:

806 348.635 Public-private partnership.—The Legislature

807 declares that there is a public need for the rapid construction

808 of safe and efficient transportation facilities for traveling

809 within the state and that it is in the public's interest to

810 provide for public-private partnership agreements to effectuate

811 the construction of additional safe, convenient, and economical

812 transportation facilities.

813 (3) The authority may request proposals for public-private

814 transportation projects or, if it receives an unsolicited

815 proposal, it must publish a notice in the Florida Administrative

816 Register and, as provided in chapter 50, on a publicly

817 accessible website or by print in a newspaper in the county in

818 which the project is located at least once a week for 2 weeks

819 stating that it has received the proposal and will accept, for

820 60 days after the initial date of publication, other proposals

821 for the same project purpose. A copy of the notice must be

822 mailed to each local government in the affected areas. After the

823 public notification period has expired, the authority shall rank

824 the proposals in order of preference. In ranking the proposals,

825 the authority shall consider professional qualifications,

826 general business terms, innovative engineering or cost-reduction

827 terms, finance plans, and the need for state funds to deliver

828 the proposal. If the authority is not satisfied with the results

829 of the negotiations, it may, at its sole discretion, terminate

830 negotiations with the proposer. If these negotiations are

831 unsuccessful, the authority may go to the second and lower-

832 ranked firms, in order, using the same procedure. If only one

833 proposal is received, the authority may negotiate in good faith,

834 and if it is not satisfied with the results, it may, at its sole

835 discretion, terminate negotiations with the proposer. The

836 authority may, at its discretion, reject all proposals at any

837 point in the process up to completion of a contract with the

838 proposer.

839 Section 24. For the purpose of incorporating the amendment made by this act to section 50.0311, Florida Statutes, in a

841 reference thereto, subsection (3) of section 348.7605, Florida

842 Statutes, is reenacted to read:

843 348.7605 Public-private partnership.—The Legislature

844 declares that there is a public need for the rapid construction

845 of safe and efficient transportation facilities for traveling

846 within the state and that it is in the public's interest to

847 provide for public-private partnership agreements to effectuate

848 the construction of additional safe, convenient, and economical

849 transportation facilities.

850 (3) The authority may request proposals for public-private

851 transportation projects or, if it receives an unsolicited

852 proposal, it must publish a notice in the Florida Administrative

853 Register and, as provided in chapter 50, on a publicly

854 accessible website or by print in a newspaper in the county in

855 which the project is located at least once a week for 2 weeks

856 stating that it has received the proposal and will accept, for

857 60 days after the initial date of publication, other proposals

858 for the same project purpose. A copy of the notice must be

859 mailed to each local government in the affected areas. After the

860 public notification period has expired, the authority shall rank

861 the proposals in order of preference. In ranking the proposals,

862 the authority shall consider professional qualifications,

863 general business terms, innovative engineering or cost-reduction

864 terms, finance plans, and the need for state funds to deliver

865 the proposal. If the authority is not satisfied with the results

866 of the negotiations, it may, at its sole discretion, terminate

867 negotiations with the proposer. If these negotiations are

868 unsuccessful, the authority may go to the second and lower-

869 ranked firms, in order, using the same procedure. If only one

870 proposal is received, the authority may negotiate in good faith,

871 and if it is not satisfied with the results, it may, at its sole

872 discretion, terminate negotiations with the proposer. The

873 authority may, at its discretion, reject all proposals at any

874 point in the process up to completion of a contract with the

875 proposer.

876 Section 25. For the purpose of incorporating the amendment

877 made by this act to section 50.0311, Florida Statutes, in a

878 reference thereto, section 373.0397, Florida Statutes, is

879 reenacted to read:

880 373.0397 Floridan and Biscayne aquifers; designation of

881 prime groundwater recharge areas.—Upon preparation of an

882 inventory of prime groundwater recharge areas for the Floridan

883 or Biscayne aquifers, but prior to adoption by the governing

884 board, the water management district shall publish a legal

885 notice of public hearing on the designated areas for the

886 Floridan and Biscayne aquifers, with a map delineating the

887 boundaries of the areas, as provided in chapter 50. The notice

888 shall be at least one-fourth page and shall read as follows:

889 NOTICE OF PRIME RECHARGE

890 AREA DESIGNATION

891 The ...(name of taxing authority)... proposes to designate

892 specific land areas as areas of prime recharge to the ...(name

893 of aquifer)... Aquifer.

894 All concerned citizens are invited to attend a public

895 hearing on the proposed designation to be held on ...(date and

896 time)... at ...(meeting place)....

897 A map of the affected areas follows.

898 The governing board of the water management district shall adopt

899 a designation of prime groundwater recharge areas to the

900 Floridan and Biscayne aquifers by rule within 120 days after the

901 public hearing, subject to the provisions of chapter 120.

902 Section 26. For the purpose of incorporating the amendment

903 made by this act to section 50.0311, Florida Statutes, in a

904 reference thereto, section 373.146, Florida Statutes, is reenacted to read:

906 373.146 Publication of notices, process, and papers.—

907 (1) Whenever in this chapter the publication of any

908 notice, process, or paper is required or provided for, unless

909 otherwise provided by law, the publication thereof as provided

910 in chapter 50 is considered as being sufficient.

911 (2) Notwithstanding any other provision of law to the

912 contrary, and except in the case of emergency meetings, water

913 management districts may provide reasonable notice of public

914 meetings held to evaluate responses to solicitations issued by

915 the water management district, by publication as provided in

916 chapter 50, no less than 7 days before such meeting.

917 Section 27. For the purpose of incorporating the amendment

918 made by this act to section 50.0311, Florida Statutes, in a

919 reference thereto, subsection (12) of section 403.722, Florida

920 Statutes, is reenacted to read:

921 403.722 Permits; hazardous waste disposal, storage, and

922 treatment facilities.—

923 (12) On the same day of filing with the department of an

924 application for a permit for the construction modification, or

925 operation of a hazardous waste facility, the applicant shall

926 notify each city and county within 1 mile of the facility of the

927 filing of the application and shall publish notice of the filing

928 of the application. The applicant shall publish a second notice

929 of the filing within 14 days after the date of filing. Each

930 notice shall be published as provided in chapter 50 in the

931 county in which the facility is located or is proposed to be

932 located. The notice shall contain:

933 (a) The name of the applicant and a brief description of

934 the project and its location.

935 (b) The location of the application file and when it is

936 available for public inspection.

938 The notice shall be prepared by the applicant and shall comply

939 with the following format:

940 Notice of Application

941 The Department of Environmental Protection announces receipt of

942 an application for a permit from ...(name of applicant)... to

943 ...(brief description of project).... This proposed project will

944 be located at ...(location)... in ...(county)... ...(city)....

945 This application is being processed and is available for public

946 inspection during normal business hours, 8:00 a.m. to 5:00 p.m.,

947 Monday through Friday, except legal holidays, at ...(name and

948 address of office)....

949 Section 28. For the purpose of incorporating the amendment

950 made by this act to section 50.0311, Florida Statutes, in a

951 reference thereto, subsection (5) of section 849.38, Florida

952 Statutes, is reenacted to read:

953 849.38 Proceedings for forfeiture; notice of seizure and

954 order to show cause.—

955 (5) If the value of the property seized is shown by the

956 sheriff's return to have an appraised value of $1,000 or less,

957 the above citation shall be served by posting at three public

958 places in the county, one of which shall be the front door of

959 the courthouse; if the value of the property is shown by the

960 sheriff's return to have an approximate value of more than

961 $1,000, the citation shall be published by print or posted for

962 at least 2 consecutive weeks on a publicly accessible website as

963 provided in s. 50.0311. If published in print, the citation

964 shall appear at least once each week for 2 consecutive weeks in

965 a newspaper qualified to publish legal notices under chapter 50

966 that is published in the county, if there is such a newspaper

967 published in the county. If there is no such newspaper, the

968 notice of such publication shall be made by certificate of the

969 clerk if publication is made by posting, and by affidavit as

970 provided in chapter 50, if made by publication as provided in

971 chapter 50, which affidavit or certificate shall be filed and

972 become a part of the record in the cause. Failure of the record

973 to show proof of such publication shall not affect any judgment

974 made in the cause unless it shall affirmatively appear that no

975 such publication was made.

976 Section 29. For the purpose of incorporating the amendment

977 made by this act to section 50.0311, Florida Statutes, in a

978 reference thereto, paragraph (a) of subsection (6) of section

979 932.704, Florida Statutes, is reenacted to read:

980 932.704 Forfeiture proceedings.—

981 (6)(a) If the property is required by law to be titled or

982 registered, or if the owner of the property is known in fact to

983 the seizing agency, or if the seized property is subject to a

984 perfected security interest in accordance with the Uniform

985 Commercial Code, chapter 679, the attorney for the seizing

986 agency shall serve the forfeiture complaint as an original

987 service of process under the Florida Rules of Civil Procedure

988 and other applicable law to each person having an ownership or

989 security interest in the property. The seizing agency shall also

990 publish, in accordance with chapter 50, notice of the forfeiture

991 complaint for 2 consecutive weeks on a publicly accessible

992 website or, if published in print, once each week for 2

993 consecutive weeks in a newspaper qualified to publish legal

994 notices under chapter 50 in the county where the seizure

995 occurred.

996 Section 30. For the purpose of incorporating the amendment

997 made by this act to section 50.0311, Florida Statutes, in a

998 reference thereto, paragraph (c) of subsection (2) of section

999 1001.372, Florida Statutes, is reenacted to read:

1000 1001.372 District school board meetings.—

1001 (2) PLACE OF MEETINGS.—

1002 (c) For the purpose of this section, due public notice

1003 shall consist of, at least 2 days prior to the meeting:

1004 continuous publication on a publicly accessible website as

1005 provided in s. 50.0311 or the official district school board

1006 website; publication in a newspaper of general circulation in

1007 the county, or in each county where there is no newspaper of

1008 general circulation in the county, an announcement over at least

1009 one radio station whose signal is generally received in the

1010 county, a reasonable number of times daily during the 48 hours

1011 immediately preceding the date of such meeting; or posting a

1012 notice at the courthouse door if no newspaper is published in

1013 the county.

1014 Section 31. For the purpose of incorporating the amendment made by this act to section 50.0311, Florida Statutes, in a

1016 reference thereto, subsection (1) of section 1011.03, Florida

1017 Statutes, is reenacted to read:

1018 1011.03 Public hearings; budget to be submitted to

1019 Department of Education.—

1020 (1) Each district school board shall cause a summary of

1021 its tentative budget, including the proposed millage levies as

1022 provided for by law, to be posted on the district's official

1023 website or on a publicly accessible website as provided in s.

1024 50.0311.

1025 Section 32. This act shall take effect July 1, 2026.