THE BILL ITSELF
CS/CS/SB 380
Legal Notices
Florida Senate - 2026 CS for CS for SB 380 By the Committees on Community Affairs; and Judiciary; and Senator Trumbull 578-02267-26 2026380c2
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A bill to be entitled
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An act relating to legal notices; amending s. 50.0311,
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F.S.; revising the definition of the term
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“governmental agency”; revising the definition of the
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term “publicly accessible website”; requiring that
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certain legal notices be continuously published for a
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specified timeframe when the notices are for a
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specified purpose and provided under a certain
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circumstance; authorizing certain counties or
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specified municipalities, school boards, clerks of the
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circuit court, and tax collectors to use a publicly
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accessible website to publish certain advertisements
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and legal notices under specified conditions; revising
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the definition of the term “special district”;
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reenacting ss. 11.02, 45.031(2), 50.011(2),
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90.902(12), 120.81(1)(d), 121.055(1)(b) and (h),
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162.12(2)(a), 190.005(1)(d), 200.065(2)(f), 849.38(5),
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1001.372(2)(c), and 1011.03(1), F.S., relating to
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notice of special or local legislation or certain
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relief acts, publication of certain notice for a
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certain judicial sales procedure, publication of legal
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notices, self-authentication of certain legal notices,
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exceptions and special requirements of rules regarding
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educational units, notice regarding positions to be
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included in the Senior Management Service Class,
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notices issued by local government code enforcement
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boards, establishment of certain community development
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districts, notices regarding district school board
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budgets, citations regarding proceedings for
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forfeiture of property, due public notice for district
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school board meetings, and notice for public budget
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hearings of the district school board, respectively,
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to incorporate the amendment made to s. 50.0311, F.S.,
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in references thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 50.0311, Florida Statutes, is amended to
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read:
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50.0311 Publication of advertisements and public notices on
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a publicly accessible website and governmental access channels.—
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(1) For purposes of this chapter, the term “governmental
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agency” means a county, municipality, school board, clerk of the
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circuit court, tax collector, water management district
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operating pursuant to chapter 373, or other unit of local
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government or political subdivision in this state.
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(2) For purposes of notices and advertisements required
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under s. 50.011, the term “publicly accessible website” means a
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county’s official website or other private website designated by
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the county for the publication of legal notices and
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advertisements which that is accessible through via the
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Internet. For legal notices and advertisements required under s.
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50.011 by a municipality, clerk of the circuit court, tax
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collector, or water management district, the term “publicly
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accessible website” means such entity’s official website, a
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private website designated by such entity, a county’s official
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website, or a private website designated by the county in which
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such entity is located.
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(3) All advertisements and public notices published on a
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website as provided in this chapter must be in searchable form
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and indicate the date on which the advertisement or public
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notice was first published on the website.
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(4) Any legal notice or advertisement that is published on
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a publicly accessible website must, unless otherwise specified
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by law, be published continuously for at least 2 weeks when the
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purpose is to provide notice of the status of a government
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activity or be published continuously from the date of initial
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publication through the date of the proposed event or activity.
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(5) (3) A governmental agency may use the publicly
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accessible website of the county in which it lies to publish
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legally required advertisements and public notices if the cost
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of publishing advertisements and public notices on such website
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is less than the cost of publishing advertisements and public
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notices in a newspaper.
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(6) (4) A governmental agency with at least 75 percent of
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its population located within a county having with a population
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of less fewer than 160,000 ; a municipality, school board, clerk
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of the circuit court, or tax collector that is located within a
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county having a population of less than 160,000; or any other
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unit of local government or political subdivision in this state
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having at least 75 percent of its population located within a
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county having a population of less than 160,000 may use a
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publicly accessible website to publish legally required
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advertisements and public notices only if the governing body of
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the governmental agency, at a public hearing that has been
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noticed in a newspaper as provided in this chapter, determines
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that the residents of the governmental agency have sufficient
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access to the Internet by broadband service, as defined in s.
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364.02, or by any other means, such that publishing
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advertisements and public notices on a publicly accessible
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website will not unreasonably restrict public access.
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(7) (5) A special district spanning the geographic
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boundaries of more than one county that satisfies the criteria
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for publishing and publishes chooses to publish legally required
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advertisements and public notices on a publicly accessible
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website must publish such advertisements and public notices on
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the publicly accessible website of each county it spans. For
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purposes of this subsection, the term “special district” has the
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same meaning as in s. 189.012 but does not include a water
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management district operating pursuant to chapter 373 .
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(8) (6) A governmental agency that uses a publicly
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accessible website to publish legally required advertisements
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and public notices must shall provide notice at least once per
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year in a newspaper of general circulation or another
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publication that is mailed or delivered to all residents and
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property owners throughout the government’s jurisdiction,
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indicating that property owners and residents may receive
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legally required advertisements and public notices from the
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governmental agency by first-class mail or e-mail upon
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registering their name and address or e-mail address with the
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governmental agency. The governmental agency must shall maintain
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a registry of names, addresses, and e-mail addresses of property
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owners and residents who have requested in writing that they
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receive legally required advertisements and public notices from
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the governmental agency by first-class mail or e-mail.
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(9) (7) A link to advertisements and public notices
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published on a publicly accessible website must shall be
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conspicuously placed:
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(a) On the website’s homepage or on a page accessible
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through a direct link from the homepage.
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(b) On the homepage of the website of each governmental
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agency publishing notices on the publicly accessible website or
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on a page accessible through a direct link from the homepage.
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(10) (8) A governmental agency that has a governmental
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access channel authorized under s. 610.109 may also include on
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its governmental access channel a summary of all advertisements
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and public notices that are published on a publicly accessible
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website.
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(11) (9) A public bid advertisement made by a governmental
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agency on a publicly accessible website must include a method to
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accept electronic bids.
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Section 2. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in a
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reference thereto, section 11.02, Florida Statutes, is reenacted
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to read:
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11.02 Notice of special or local legislation or certain
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relief acts.—The notice required to obtain special or local
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legislation or any relief act specified in s. 11.065 shall be by
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publishing the identical notice as provided in chapter 50 or
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circulated throughout the county or counties where the matter or
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thing to be affected by such legislation shall be situated one
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time at least 30 days before introduction of the proposed law
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into the Legislature or, if the notice is not published on a
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publicly accessible website as provided in s. 50.0311 and there
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is no newspaper circulated throughout or published in the
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county, by posting for at least 30 days at not fewer than three
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public places in the county or each of the counties, one of
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which places shall be at the courthouse in the county or
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counties where the matter or thing to be affected by such
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legislation shall be situated. Notice of special or local
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legislation shall state the substance of the contemplated law,
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as required by s. 10, Art. III of the State Constitution. Notice
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of any relief act specified in s. 11.065 shall state the name of
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the claimant, the nature of the injury or loss for which the
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claim is made, and the amount of the claim against the affected
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municipality’s revenue-sharing trust fund.
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Section 3. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in a
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reference thereto, subsection (2) of section 45.031, Florida
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Statutes, is reenacted to read:
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45.031 Judicial sales procedure.—In any sale of real or
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personal property under an order or judgment, the procedures
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provided in this section and ss. 45.0315-45.035 may be followed
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as an alternative to any other sale procedure if so ordered by
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the court.
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(2) PUBLICATION OF SALE.—Notice of sale shall be published
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on a publicly accessible website as provided in s. 50.0311 for
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at least 2 consecutive weeks before the sale or once a week for
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2 consecutive weeks in a newspaper of general circulation, as
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provided in chapter 50, published in the county where the sale
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is to be held. The second publication by newspaper shall be at
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least 5 days before the sale. The notice shall contain:
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(a) A description of the property to be sold.
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(b) The time and place of sale.
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(c) A statement that the sale will be made pursuant to the
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order or final judgment.
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(d) The caption of the action.
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(e) The name of the clerk making the sale.
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(f) A statement that any person claiming an interest in the
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surplus from the sale, if any, other than the property owner as
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of the date of the lis pendens must file a claim before the
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clerk reports the surplus as unclaimed.
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The court, in its discretion, may enlarge the time of the sale.
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Notice of the changed time of sale shall be published as
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provided herein.
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Section 4. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in a
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reference thereto, subsection (2) of section 50.011, Florida
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Statutes, is reenacted to read:
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50.011 Publication of legal notices.—Whenever by statute an
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official or legal advertisement or a publication or notice in a
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newspaper or on a governmental agency website has been or is
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directed or permitted in the nature of or in lieu of process, or
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for constructive service, or in initiating, assuming, reviewing,
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exercising, or enforcing jurisdiction or power, or for any
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purpose, including all legal notices and advertisements of
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sheriffs and tax collectors, such legislation, whether existing
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or repealed, means either of the following:
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(2) A publication on a publicly accessible website under s.
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50.0311.
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Section 5. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in a
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reference thereto, subsection (12) of section 90.902, Florida
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Statutes, is reenacted to read:
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90.902 Self-authentication.—Extrinsic evidence of
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authenticity as a condition precedent to admissibility is not
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required for:
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(12) A legal notice published in accordance with the
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requirements of chapter 50 in the print edition of a qualified
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newspaper or on a publicly accessible website as provided in s.
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50.0311.
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Section 6. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in a
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reference thereto, paragraph (d) of subsection (1) of section
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120.81, Florida Statutes, is reenacted to read:
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120.81 Exceptions and special requirements; general areas.—
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(1) EDUCATIONAL UNITS.—
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(d) Notwithstanding any other provision of this chapter,
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educational units shall not be required to include the full text
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of the rule or rule amendment in notices relating to rules and
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need not publish these or other notices in the Florida
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Administrative Register, but notice shall be made:
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1. By publication in a newspaper qualified under chapter 50
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in the affected area or on a publicly accessible website as
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provided in s. 50.0311;
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2. By mail to all persons who have made requests of the
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educational unit for advance notice of its proceedings and to
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organizations representing persons affected by the proposed
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rule; and
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3. By posting in appropriate places so that those
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particular classes of persons to whom the intended action is
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directed may be duly notified.
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Section 7. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in
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references thereto, paragraphs (b) and (h) of subsection (1) of
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section 121.055, Florida Statutes, are reenacted to read:
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121.055 Senior Management Service Class.—There is hereby
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established a separate class of membership within the Florida
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Retirement System to be known as the “Senior Management Service
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Class,” which shall become effective February 1, 1987.
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(1)
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(b)1. Except as provided in subparagraph 2., effective
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January 1, 1990, participation in the Senior Management Service
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Class is compulsory for the president of each community college,
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the manager of each participating municipality or county, and
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all appointed district school superintendents. Effective January
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1, 1994, additional positions may be designated for inclusion in
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the Senior Management Service Class if:
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a. Positions to be included in the class are designated by
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the local agency employer. Notice of intent to designate
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positions for inclusion in the class must be published for at
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least 2 consecutive weeks if published on a publicly accessible
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website as provided in s. 50.0311 or, if published in print,
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once a week for 2 consecutive weeks in a newspaper qualified
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under chapter 50 that is published in the county or counties
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affected.
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b. Up to 10 nonelective full-time positions may be
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designated for each local agency employer reporting to the
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department; for local agencies with 100 or more regularly
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established positions, additional nonelective full-time
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positions may be designated, not to exceed 1 percent of the
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regularly established positions within the agency.
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c. Each position added to the class must be a managerial or
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policymaking position filled by an employee who is not subject
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to continuing contract and serves at the pleasure of the local
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agency employer without civil service protection, and who:
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(I) Heads an organizational unit; or
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(II) Has responsibility to effect or recommend personnel,
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budget, expenditure, or policy decisions in his or her areas of
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responsibility.
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2. In lieu of participation in the Senior Management
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Service Class, members of the Senior Management Service Class,
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pursuant to subparagraph 1., may withdraw from the Florida
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Retirement System altogether. The decision to withdraw from the
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system is irrevocable as long as the employee holds the
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position. Any service creditable under the Senior Management
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Service Class shall be retained after the member withdraws from
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the system; however, additional service credit in the Senior
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Management Service Class may not be earned after such
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withdrawal. Such members are not eligible to participate in the
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Senior Management Service Optional Annuity Program.
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3. Effective January 1, 2006, through June 30, 2006, an
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employee who has withdrawn from the Florida Retirement System
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under subparagraph 2. has one opportunity to elect to
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participate in the pension plan or the investment plan.
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a. If the employee elects to participate in the investment
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plan, membership shall be prospective, and the applicable
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provisions of s. 121.4501(4) govern the election.
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b. If the employee elects to participate in the pension
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plan, the employee shall, upon payment to the system trust fund
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of the amount calculated under sub-sub-subparagraph (I), receive
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service credit for prior service based upon the time during
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which the employee had withdrawn from the system.
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(I) The cost for such credit shall be an amount
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representing the actuarial accrued liability for the affected
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period of service. The cost shall be calculated using the
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discount rate and other relevant actuarial assumptions that were
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used to value the pension plan liabilities in the most recent
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actuarial valuation. The calculation must include any service
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already maintained under the pension plan in addition to the
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period of withdrawal. The actuarial accrued liability
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attributable to any service already maintained under the pension
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plan shall be applied as a credit to the total cost resulting
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from the calculation. The division must ensure that the transfer
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sum is prepared using a formula and methodology certified by an
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actuary.
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(II) The employee must transfer a sum representing the net
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cost owed for the actuarial accrued liability in sub-sub
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subparagraph (I) immediately following the time of such
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movement, determined assuming that attained service equals the
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sum of service in the pension plan and the period of withdrawal.
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(h)1. Except as provided in subparagraph 3., effective
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January 1, 1994, participation in the Senior Management Service
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Class shall be compulsory for the State Courts Administrator and
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the Deputy State Courts Administrators, the Clerk of the Supreme
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Court, the Marshal of the Supreme Court, the Executive Director
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of the Justice Administrative Commission, the capital collateral
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regional counsel, the clerks of the district courts of appeals,
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the marshals of the district courts of appeals, and the trial
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court administrator and the Chief Deputy Court Administrator in
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each judicial circuit. Effective January 1, 1994, additional
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positions in the offices of the state attorney and public
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defender in each judicial circuit may be designated for
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inclusion in the Senior Management Service Class of the Florida
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Retirement System, provided that:
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a. Positions to be included in the class shall be
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designated by the state attorney or public defender, as
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appropriate. Notice of intent to designate positions for
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inclusion in the class shall be published for at least 2
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consecutive weeks on a publicly accessible website as provided
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in s. 50.0311 or, if published in print, once a week for 2
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consecutive weeks in a newspaper qualified under chapter 50 in
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the county or counties affected.
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b. One nonelective full-time position may be designated for
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each state attorney and public defender reporting to the
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Department of Management Services; for agencies with 200 or more
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regularly established positions under the state attorney or
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public defender, additional nonelective full-time positions may
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be designated, not to exceed 0.5 percent of the regularly
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established positions within the agency.
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c. Each position added to the class must be a managerial or
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policymaking position filled by an employee who serves at the
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pleasure of the state attorney or public defender without civil
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service protection, and who:
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(I) Heads an organizational unit; or
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(II) Has responsibility to effect or recommend personnel,
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budget, expenditure, or policy decisions in his or her areas of
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responsibility.
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2. Participation in this class shall be compulsory, except
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as provided in subparagraph 3., for any judicial employee who
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holds a position designated for coverage in the Senior
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Management Service Class, and such participation shall continue
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until the employee terminates employment in a covered position.
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Effective January 1, 2001, participation in this class is
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compulsory for assistant state attorneys, assistant statewide
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prosecutors, assistant public defenders, and assistant capital
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collateral regional counsel. Effective January 1, 2002,
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participation in this class is compulsory for assistant
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attorneys general.
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3. In lieu of participation in the Senior Management
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Service Class, such members, excluding assistant state
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attorneys, assistant public defenders, assistant statewide
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prosecutors, assistant attorneys general, and assistant capital
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collateral regional counsel, may participate in the Senior
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Management Service Optional Annuity Program as established in
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subsection (6).
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Section 8. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in a
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reference thereto, paragraph (a) of subsection (2) of section
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162.12, Florida Statutes, is reenacted to read:
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162.12 Notices.—
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(2) In addition to providing notice as set forth in
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subsection (1), at the option of the code enforcement board or
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the local government, notice may be served by publication or
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posting, as follows:
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(a)1. Such notice shall be published in print in a
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newspaper or on a publicly accessible website as provided in s.
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50.0311 for 4 consecutive weeks. If published in print, the
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notice shall be published once during each week for 4
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consecutive weeks (four publications being sufficient) in a
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newspaper in the county where the code enforcement board is
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located. The newspaper shall meet such requirements as are
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prescribed under chapter 50 for legal and official
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advertisements.
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2. Proof of publication shall be made as provided in ss.
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50.041 and 50.051.
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Section 9. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in a
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reference thereto, paragraph (d) of subsection (1) of section
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190.005, Florida Statutes, is reenacted to read:
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190.005 Establishment of district.—
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(1) The exclusive and uniform method for the establishment
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of a community development district with a size of 2,500 acres
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or more shall be pursuant to a rule, adopted under chapter 120
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by the Florida Land and Water Adjudicatory Commission, granting
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a petition for the establishment of a community development
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district.
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(d) A local public hearing on the petition shall be
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conducted by a hearing officer in conformance with the
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applicable requirements and procedures of the Administrative
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Procedure Act. The hearing shall include oral and written
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comments on the petition pertinent to the factors specified in
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paragraph (e). The hearing shall be held at an accessible
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location in the county in which the community development
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district is to be located. The petitioner shall cause a notice
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of the hearing to be published for 4 successive weeks on a
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publicly accessible website as provided in s. 50.0311 or, if
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published in print, in a newspaper at least once a week for the
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4 successive weeks immediately prior to the hearing as provided
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in chapter 50. Such notice shall give the time and place for the
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hearing, a description of the area to be included in the
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district, which description shall include a map showing clearly
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the area to be covered by the district, and any other relevant
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information which the establishing governing bodies may require.
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If published in the print edition of a newspaper, the
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advertisement may not be placed in the portion of the newspaper
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where legal notices and classified advertisements appear. The
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advertisement must be published in a newspaper in the county and
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of general interest and readership in the community pursuant to
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chapter 50. Whenever possible, the advertisement shall appear in
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a newspaper that is published at least weekly, unless the only
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newspaper in the community is published less than weekly. If the
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notice is published in the print edition of the newspaper, the
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map must also be included in any online advertisement pursuant
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to s. 50.0211. All affected units of general-purpose local
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government and the general public shall be given an opportunity
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to appear at the hearing and present oral or written comments on
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the petition.
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Section 10. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in
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references thereto, paragraph (f) of subsection (2) of section
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200.065, Florida Statutes, is reenacted to read:
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200.065 Method of fixing millage.—
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(2) No millage shall be levied until a resolution or
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ordinance has been approved by the governing board of the taxing
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authority which resolution or ordinance must be approved by the
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taxing authority according to the following procedure:
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(f)1. Notwithstanding any provisions of paragraph (c) to
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the contrary, each school district shall advertise its intent to
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adopt a tentative budget on a publicly accessible website
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pursuant to s. 50.0311 or in a newspaper of general circulation
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pursuant to subsection (3) within 29 days after certification of
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value pursuant to subsection (1). For the purpose of this
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paragraph, the term “publicly accessible website” includes a
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district school board’s official website if the school board
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website satisfies the remaining requirements of s. 50.0311. Not
448
less than 2 days or more than 5 days thereafter, the district
449
shall hold a public hearing on the tentative budget pursuant to
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the applicable provisions of paragraph (c). In the event of
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postponement or recess due to a declared state of emergency, the
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school district may postpone or recess the hearing for up to 7
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days and shall post a prominent notice at the place of the
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original hearing showing the date, time, and place where the
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hearing will be reconvened. The posted notice shall measure not
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less than 8.5 by 11 inches. The school district shall make every
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reasonable effort to provide reasonable notification of the
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continued hearing to the taxpayers. The information must also be
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posted on the school district’s website if the district school
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board uses a different method of advertisement.
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2. Notwithstanding any provisions of paragraph (b) to the
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contrary, each school district shall advise the property
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appraiser of its recomputed proposed millage rate within 35 days
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of certification of value pursuant to subsection (1). The
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recomputed proposed millage rate of the school district shall be
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considered its proposed millage rate for the purposes of
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paragraph (b).
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3. Notwithstanding any provisions of paragraph (d) to the
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contrary, each school district shall hold a public hearing to
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finalize the budget and adopt a millage rate within 80 days of
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certification of value pursuant to subsection (1), but not
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earlier than 65 days after certification. The hearing shall be
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held in accordance with the applicable provisions of paragraph
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(d), except that a newspaper advertisement need not precede the
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hearing.
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Section 11. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in a
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reference thereto, subsection (5) of section 849.38, Florida
479
Statutes, is reenacted to read:
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849.38 Proceedings for forfeiture; notice of seizure and
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order to show cause.—
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(5) If the value of the property seized is shown by the
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sheriff’s return to have an appraised value of $1,000 or less,
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the above citation shall be served by posting at three public
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places in the county, one of which shall be the front door of
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the courthouse; if the value of the property is shown by the
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sheriff’s return to have an approximate value of more than
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$1,000, the citation shall be published by print or posted for
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at least 2 consecutive weeks on a publicly accessible website as
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provided in s. 50.0311. If published in print, the citation
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shall appear at least once each week for 2 consecutive weeks in
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a newspaper qualified to publish legal notices under chapter 50
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that is published in the county, if there is such a newspaper
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published in the county. If there is no such newspaper, the
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notice of such publication shall be made by certificate of the
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clerk if publication is made by posting, and by affidavit as
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provided in chapter 50, if made by publication as provided in
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chapter 50, which affidavit or certificate shall be filed and
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become a part of the record in the cause. Failure of the record
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to show proof of such publication shall not affect any judgment
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made in the cause unless it shall affirmatively appear that no
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such publication was made.
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Section 12. For the purpose of incorporating the amendment
504
made by this act to section 50.0311, Florida Statutes, in a
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reference thereto, paragraph (c) of subsection (2) of section
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1001.372, Florida Statutes, is reenacted to read:
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1001.372 District school board meetings.—
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(2) PLACE OF MEETINGS.—
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(c) For the purpose of this section, due public notice
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shall consist of, at least 2 days prior to the meeting:
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continuous publication on a publicly accessible website as
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provided in s. 50.0311 or the official district school board
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website; publication in a newspaper of general circulation in
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the county, or in each county where there is no newspaper of
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general circulation in the county, an announcement over at least
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one radio station whose signal is generally received in the
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county, a reasonable number of times daily during the 48 hours
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immediately preceding the date of such meeting; or posting a
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notice at the courthouse door if no newspaper is published in
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the county.
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Section 13. For the purpose of incorporating the amendment
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made by this act to section 50.0311, Florida Statutes, in a
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reference thereto, subsection (1) of section 1011.03, Florida
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Statutes, is reenacted to read:
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1011.03 Public hearings; budget to be submitted to
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Department of Education.—
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(1) Each district school board shall cause a summary of its
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tentative budget, including the proposed millage levies as
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provided for by law, to be posted on the district’s official
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website or on a publicly accessible website as provided in s.
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50.0311.
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Section 14. This act shall take effect July 1, 2026.