April 09, 2020
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_h1511__
HB 1511

1
A bill to be entitled
2An act relating to effective public notices by
3governmental entities; creating s. 50.0311, F.S.; defining
4the term "publicly accessible website"; authorizing a
5local government to use its publicly accessible website
6for legally required advertisements and public notices;
7providing conditions for such use; providing for optional
8receipt of legally required advertisements and public
9notices by first-class mail or e-mail; providing
10requirements for advertisements and public notices
11published on a publicly accessible website; amending s.
1250.011, F.S.; providing that a notice, advertisement, or
13publication on a publicly accessible website of a local
14government in accordance with s. 50.0311, F.S.,
15constitutes legal notice; amending s. 50.021, F.S.;
16providing that advertisements directed by law or order or
17decree of court to be made in a county in which no
18newspaper is published may be made by publication on a
19publicly accessible website; amending s. 50.051, F.S.;
20providing clarifying provisions; amending s. 50.061, F.S.;
21providing clarifying provisions; amending s. 100.342,
22F.S.; providing for notice of special election or
23referendum on a publicly accessible website; amending s.
24125.66, F.S.; providing for notice of consideration of an
25ordinance by a board of county commissioners to be
26published on a publicly accessible website; requiring
27maintenance of the advertisement for a specified period;
28providing clarifying provisions; amending s. 129.03, F.S.;
29providing for the advertisement of a summary statement of
30adopted tentative county budgets on a publicly accessible
31website; amending s. 129.06, F.S.; providing for
32advertisement of a public hearing relating to the
33amendment of a county budget on a publicly accessible
34website; amending s. 153.79, F.S.; providing for public
35advertisement by a county water and sewer system district
36of projects to construct, reconstruct, acquire, or improve
37a water system or a sewer system, and of a call for sealed
38bids for such projects, on a publicly accessible website;
39amending s. 159.32, F.S.; providing for advertisement for
40competitive bids for contracts for the construction of a
41project under the Florida Industrial Development Financing
42Act on a publicly accessible website; amending s. 162.12,
43F.S.; providing for optional serving of notice by a code
44enforcement board of a violation of a county or municipal
45code via a publicly accessible website; amending s.
46163.3184, F.S.; providing for notice of public hearings on
47the adoption of a local government comprehensive plan or
48plan amendment or the approval of a compliance agreement
49under the Local Government Comprehensive Planning and Land
50Development Regulation Act via a publicly accessible
51website; amending s. 166.041, F.S.; providing for notice
52of adoption of a municipal ordinance via a publicly
53accessible website; providing clarifying provisions;
54amending s. 170.05, F.S.; providing for publication on a
55publicly accessible website of a resolution relating to
56municipal public improvements financed by special
57assessments; amending s. 170.07, F.S.; providing for
58publication on a publicly accessible website of notice of
59hearing on municipal public improvements financed by
60special assessments; amending s. 180.24, F.S.; providing
61for advertisement via a publicly accessible website of
62specified construction contracts for utilities or
63extensions to a previously constructed utility; amending
64s. 197.3632, F.S.; providing for publication on a publicly
65accessible website of a local government's notice of
66intent to use the uniform method of collecting non-ad
67valorem assessments; amending s. 200.065, F.S.; providing
68for advertisement on a publicly accessible website of a
69taxing authority's intent to adopt a millage rate and
70budget; providing for advertisement on a publicly
71accessible website of the intention of a specified
72multicounty taxing authority to adopt a tentative budget
73and millage rate; providing clarifying and conforming
74provisions; providing for notice via a publicly accessible
75website of correction of a specified error contained in a
76notice of proposed property taxes mailed to taxpayers;
77amending s. 255.0525, F.S.; providing for advertisement
78via a publicly accessible website for the solicitation of
79competitive bids or proposals for construction projects of
80a county, municipality, or other political subdivision
81which are projected to exceed specified costs; amending s.
82380.06, F.S.; providing for publication of an
83advertisement on a publicly accessible website of a public
84hearing by a local government on an areawide development
85of regional impact under the Florida Environmental Land
86and Water Management Act of 1972; amending s. 403.973,
87F.S.; redefining the term "duly noticed" to include
88publication on a publicly accessible website; providing
89conforming provisions; amending s. 420.9075, F.S.;
90providing for advertisement of notice on a publicly
91accessible website of funding availability through a local
92housing assistance plan under the State Housing
93Initiatives Partnership Act; amending s. 403.7049, F.S.;
94prescribing procedures for fulfilling public disclosure
95system requirements with respect to the duty of a
96municipality to disclose costs for solid waste management;
97providing an effective date.
98
99Be It Enacted by the Legislature of the State of Florida:
100
101     Section 1.  Section 50.0311, Florida Statutes, is created
102to read:
103     50.0311  Publication of advertisements and public notices
104on a local government's publicly accessible website and
105government access channels.-
106     (1)  For purposes of notices and advertisements required by
107statute to be published by a local government, the term
108"publicly accessible website" means a county or municipal
109government's official website that is accessible via the
110Internet.
111     (2)  If specifically authorized by ordinance, a local
112government may use its website for legally required
113advertisements and public notices if:
114     (a)  A public library or other governmental facility
115providing free access to the Internet during regular business
116hours exists within the jurisdictional boundaries of such county
117or municipality;
118     (b)  The local government provides notice to its residents
119at least once per year in a newspaper of general circulation,
120the county or municipality's newsletter or periodical, or
121another publication that is mailed or delivered to all residents
122or property owners throughout the local government's
123jurisdiction, indicating that residents may receive legally
124required advertisements and public notices from the local
125government by first-class mail or e-mail upon registering their
126name and address or e-mail address with the local governmental
127entity; and
128     (c)  The local government maintains a registry of names,
129addresses, and e-mail addresses of residents who request in
130writing that they receive legally required advertisements and
131public notices from the local government by first-class mail or
132e-mail.
133     (3)  Advertisements and public notices published on a
134publicly accessible website shall be conspicuously placed on the
135website's homepage or accessible through a direct link from the
136homepage. The advertisement shall indicate the date on which the
137advertisement was first published on the publicly accessible
138website.
139     (4)  The local government that has a government access
140channel authorized under s. 610.109 may also include on its
141government access channel a summary of all advertisements and
142public notices that are published on its website.
143     Section 2.  Section 50.011, Florida Statutes, is amended to
144read:
145     50.011  Where and in what language legal notices to be
146published.-Whenever by statute an official or legal
147advertisement or a publication, or notice in a newspaper has
148been or is directed or permitted in the nature of or in lieu of
149process, or for constructive service, or in initiating,
150assuming, reviewing, exercising or enforcing jurisdiction or
151power, or for any purpose, including all legal notices and
152advertisements of sheriffs and tax collectors, the
153contemporaneous and continuous intent and meaning of such
154legislation all and singular, existing or repealed, is and has
155been and is hereby declared to be and to have been, and the rule
156of interpretation is and has been, a publication in a newspaper
157printed and published periodically once a week or oftener,
158containing at least 25 percent of its words in the English
159language, entered or qualified to be admitted and entered as
160periodicals matter at a post office in the county where
161published, for sale to the public generally, available to the
162public generally for the publication of official or other
163notices and customarily containing information of a public
164character or of interest or of value to the residents or owners
165of property in the county where published, or of interest or of
166value to the general public. Notwithstanding any provisions to
167the contrary, and as specifically authorized by s. 50.0311, a
168notice, advertisement, or publication on a publicly accessible
169website of a local government in accordance with s. 50.0311
170constitutes legal notice.
171     Section 3.  Section 50.021, Florida Statutes, is amended to
172read:
173     50.021  Publication when no newspaper in county.-When any
174law, or order or decree of court, shall direct advertisements to
175be made in any county and there be no newspaper published in the
176said county, the advertisement may be made, in the case of a
177county or municipality, by publishing such advertisement on a
178publicly accessible website maintained by the entity responsible
179for publication or posting three copies thereof in three
180different places in said county, one of which shall be at the
181front door of the courthouse, and by publication in the nearest
182county in which a newspaper is published.
183     Section 4.  Section 50.051, Florida Statutes, is amended to
184read:
185     50.051  Proof of publication; form of uniform affidavit.-
186The printed form upon which all such affidavits establishing
187proof of publication in a newspaper are to be executed shall be
188substantially as follows:
189
190
NAME OF NEWSPAPER
191
Published (Weekly or Daily)
192
(Town or City)  (County)  FLORIDA
193
194STATE OF FLORIDA
195
196COUNTY OF ....:
197     Before the undersigned authority personally appeared ....,
198who on oath says that he or she is .... of the ...., a ....
199newspaper published at .... in .... County, Florida; that the
200attached copy of advertisement, being a .... in the matter of
201.... in the .... Court, was published in said newspaper in the
202issues of .....
203     Affiant further says that the said .... is a newspaper
204published at ...., in said .... County, Florida, and that the
205said newspaper has heretofore been continuously published in
206said .... County, Florida, each .... and has been entered as
207periodicals matter at the post office in ...., in said ....
208County, Florida, for a period of 1 year next preceding the first
209publication of the attached copy of advertisement; and affiant
210further says that he or she has neither paid nor promised any
211person, firm or corporation any discount, rebate, commission or
212refund for the purpose of securing this advertisement for
213publication in the said newspaper.
214
215Sworn to and subscribed before me this .... day of ....,
216...(year)..., by ...., who is personally known to me or who has
217produced (type of identification) as identification.
218
219
220...(Signature of Notary Public)...
221
222...(Print, Type, or Stamp Commissioned Name of Notary Public)...
223
224...(Notary Public)...
225     Section 5.  Subsection (4) of section 50.061, Florida
226Statutes, is amended to read:
227     50.061  Amounts chargeable.-
228     (4)  All official public notices and legal advertisements
229published in a newspaper shall be charged and paid for on the
230basis of 6-point type on 6-point body, unless otherwise
231specified by statute.
232     Section 6.  Section 100.342, Florida Statutes, is amended
233to read:
234     100.342  Notice of special election or referendum.-In any
235special election or referendum not otherwise provided for there
236shall be at least 30 days' notice of the election or referendum
237by publication in a newspaper of general circulation in the
238county, district, or municipality, as the case may be, or, in
239the case of a county or municipality, publication on a publicly
240accessible website maintained by the local government
241responsible for publication and published daily during the 5
242weeks immediately preceding the election or referendum. If
243advertised in the newspaper, the publication shall be made at
244least twice, once in the fifth week and once in the third week
245prior to the week in which the election or referendum is to be
246held. If there is no newspaper of general circulation in the
247county, district, or municipality and publication is not made on
248a publicly accessible website maintained by the local government
249responsible for publication, the notice shall be posted in no
250fewer less than five places within the territorial limits of the
251county, district, or municipality.
252     Section 7.  Paragraph (a) of subsection (2) and paragraph
253(b) of subsection (4) of section 125.66, Florida Statutes, are
254amended to read:
255     125.66  Ordinances; enactment procedure; emergency
256ordinances; rezoning or change of land use ordinances or
257resolutions.-
258     (2)(a)  The regular enactment procedure shall be as
259follows: The board of county commissioners at any regular or
260special meeting may enact or amend any ordinance, except as
261provided in subsection (4), if notice of intent to consider such
262ordinance is given at least 10 days before the prior to said
263meeting on a publicly accessible website maintained by the
264county or by publication in a newspaper of general circulation
265in the county. If advertised on a publicly accessible website,
266the advertisement shall be published daily during the 10 days
267immediately preceding the meeting. A copy of such notice shall
268be kept available for public inspection during the regular
269business hours of the office of the clerk of the board of county
270commissioners. The notice of proposed enactment shall state the
271date, time, and place of the meeting; the title or titles of
272proposed ordinances; and the place or places within the county
273where such proposed ordinances may be inspected by the public.
274The notice shall also advise that interested parties may appear
275at the meeting and be heard with respect to the proposed
276ordinance.
277     (4)  Ordinances or resolutions, initiated by other than the
278county, that change the actual zoning map designation of a
279parcel or parcels of land shall be enacted pursuant to
280subsection (2). Ordinances or resolutions that change the actual
281list of permitted, conditional, or prohibited uses within a
282zoning category, or ordinances or resolutions initiated by the
283county that change the actual zoning map designation of a parcel
284or parcels of land shall be enacted pursuant to the following
285procedure:
286     (b)  In cases in which the proposed ordinance or resolution
287changes the actual list of permitted, conditional, or prohibited
288uses within a zoning category, or changes the actual zoning map
289designation of a parcel or parcels of land involving 10
290contiguous acres or more, the board of county commissioners
291shall provide for public notice and hearings as follows:
292     1.  The board of county commissioners shall hold two
293advertised public hearings on the proposed ordinance or
294resolution. At least one hearing shall be held after 5 p.m. on a
295weekday, unless the board of county commissioners, by a majority
296plus one vote, elects to conduct that hearing at another time of
297day. The first public hearing shall be held at least 7 days
298after the day that the first advertisement is published. The
299second hearing shall be held at least 10 days after the first
300hearing and shall be advertised at least 5 days prior to the
301public hearing.
302     2.  The required newspaper advertisements shall be no less
303than 2 columns wide by 10 inches long in a standard size or a
304tabloid size newspaper, and the headline in the advertisement
305shall be in a type no smaller than 18 point. The newspaper
306advertisement shall not be placed in that portion of the
307newspaper where legal notices and classified advertisements
308appear. The newspaper advertisement shall be placed in a
309newspaper of general paid circulation in the county and of
310general interest and readership in the community pursuant to
311chapter 50, not one of limited subject matter. It is the
312legislative intent that, whenever possible, the newspaper
313advertisement shall appear in a newspaper that is published at
314least 5 days a week unless the only newspaper in the community
315is published less than 5 days a week. The newspaper
316advertisement shall be in substantially the following form:
317
318
NOTICE OF (TYPE OF) CHANGE
319
320     The ...(name of local governmental unit)... proposes to
321adopt the following by ordinance or resolution:...(title of
322ordinance or resolution)....
323     A public hearing on the ordinance or resolution will be
324held on ...(date and time)... at ...(meeting place)....
325
326Except for amendments which change the actual list of permitted,
327conditional, or prohibited uses within a zoning category, the
328advertisement shall contain a geographic location map which
329clearly indicates the area within the local government covered
330by the proposed ordinance or resolution. The map shall include
331major street names as a means of identification of the general
332area.
333     3.  In lieu of publishing the advertisements set out in
334this paragraph, the board of county commissioners may mail a
335notice to each person owning real property within the area
336covered by the ordinance or resolution. Such notice shall
337clearly explain the proposed ordinance or resolution and shall
338notify the person of the time, place, and location of both
339public hearings on the proposed ordinance or resolution.
340     Section 8.  Paragraph (b) of subsection (3) of section
341129.03, Florida Statutes, is amended to read:
342     129.03  Preparation and adoption of budget.-
343     (3)  No later than 15 days after certification of value by
344the property appraiser pursuant to s. 200.065(1), the county
345budget officer, after tentatively ascertaining the proposed
346fiscal policies of the board for the ensuing fiscal year, shall
347prepare and present to the board a tentative budget for the
348ensuing fiscal year for each of the funds provided in this
349chapter, including all estimated receipts, taxes to be levied,
350and balances expected to be brought forward and all estimated
351expenditures, reserves, and balances to be carried over at the
352end of the year.
353     (b)  Upon receipt of the tentative budgets and completion
354of any revisions made by the board, the board shall prepare a
355statement summarizing all of the adopted tentative budgets. This
356summary statement shall show, for each budget and the total of
357all budgets, the proposed tax millages, the balances, the
358reserves, and the total of each major classification of receipts
359and expenditures, classified according to the classification of
360accounts prescribed by the appropriate state agency. The board
361shall cause this summary statement to be advertised one time in
362a newspaper of general circulation published in the county, on a
363publicly accessible website maintained by the county, or by
364posting at the courthouse door if there is no such newspaper or
365website, and the advertisement shall appear adjacent to the
366advertisement required pursuant to s. 200.065.
367     Section 9.  Paragraph (f) of subsection (2) of section
368129.06, Florida Statutes, is amended to read:
369     129.06  Execution and amendment of budget.-
370     (2)  The board at any time within a fiscal year may amend a
371budget for that year, and may within the first 60 days of a
372fiscal year amend the budget for the prior fiscal year, as
373follows:
374     (f)  If an amendment to a budget is required for a purpose
375not specifically authorized in paragraphs (a)-(e), unless
376otherwise prohibited by law, the amendment may be authorized by
377resolution or ordinance of the board of county commissioners
378adopted following a public hearing. The public hearing must be
379advertised at least 2 days, but not more than 5 days, before the
380date of the hearing. The advertisement must appear on a publicly
381accessible website maintained by the county or in a newspaper of
382paid general circulation and must identify the name of the
383taxing authority, the date, place, and time of the hearing, and
384the purpose of the hearing. If advertised in the newspaper, the
385public hearing must be advertised at least 2 days, but not more
386than 5 days, before the date of the hearing. If advertised on a
387publicly accessible website, the notice must be published daily
388during the 5 days immediately preceding the hearing. The
389advertisement must also identify each budgetary fund to be
390amended, the source of the funds, the use of the funds, and the
391total amount of each budget.
392     Section 10.  Section 153.79, Florida Statutes, is amended
393to read:
394     153.79  Contracts for construction of improvements, sealed
395bids.-All contracts let, awarded, or entered into by the
396district for the construction, reconstruction, or acquisition or
397improvement of a water system or a sewer system or both or any
398part thereof, if the amount thereof shall exceed $1,000, shall
399be awarded only after public advertisement and call for sealed
400bids therefor on a publicly accessible website maintained by the
401county or, in a newspaper published in the county circulating in
402the district, or, if there is be no such website or newspaper,
403then in a newspaper published in the state and circulating in
404the district. If advertised in the newspaper, such advertisement
405shall to be published at least once at least 3 weeks before the
406date set for the receipt of such bids. If advertised on a
407publicly accessible website, such advertisement shall be
408published daily during the 3 weeks immediately preceding the
409date set for the receipt of such bids. Such advertisements for
410bids in addition to the other necessary and pertinent matter
411shall state in general terms the nature and description of the
412improvement or improvements to be undertaken and shall state
413that detailed plans and specifications for such work are on file
414for inspection in the office of the district clerk and copies
415thereof shall be furnished to any interested party upon payment
416of reasonable charges to reimburse the district for its expenses
417in providing such copies. The award shall be made to the
418responsible and competent bidder or bidders who shall offer to
419undertake the improvements at the lowest cost to the district
420and such bidder or bidders shall be required to file bond for
421the full and faithful performance of such work and the execution
422of any such contract in such amount as the district board shall
423determine, and in all other respects the letting of such
424construction contracts shall comply with applicable provisions
425of the general laws relating to the letting of public contracts.
426Nothing in this section shall be deemed to prevent the district
427from hiring or retaining such consulting engineers, attorneys,
428financial experts or other technicians as it shall determine, in
429its discretion, or from undertaking any construction work with
430its own resources, without any such public advertisement.
431     Section 11.  Section 159.32, Florida Statutes, is amended
432to read:
433     159.32  Construction contracts.-Contracts for the
434construction of the project may be awarded by the local agency
435in such manner as in its judgment will best promote free and
436open competition, including advertisement for competitive bids
437in a newspaper of general circulation within the boundaries of
438the local agency or on a publicly accessible website maintained
439by the county; however, if the local agency shall determine that
440the purposes of this part will be more effectively served, the
441local agency in its discretion may award or cause to be awarded
442contracts for the construction of any project, or any part
443thereof, upon a negotiated basis as determined by the local
444agency. The local agency shall prescribe bid security
445requirements and other procedures in connection with the award
446of such contracts as in its judgment shall protect the public
447interest. The local agency may by written contract engage the
448services of the lessee, purchaser, or prospective lessee or
449purchaser of any project in the construction of the project and
450may provide in the contract that the lessee, purchaser, or
451prospective lessee or purchaser may act as an agent of, or an
452independent contractor for, the local agency for the performance
453of the functions described therein, subject to such conditions
454and requirements consistent with the provisions of this part as
455shall be prescribed in the contract, including functions such as
456the acquisition of the site and other real property for the
457project; the preparation of plans, specifications, and contract
458documents; the award of construction and other contracts upon a
459competitive or negotiated basis; the construction of the
460project, or any part thereof, directly by the lessee, purchaser,
461or prospective lessee or purchaser; the inspection and
462supervision of construction; the employment of engineers,
463architects, builders, and other contractors; and the provision
464of money to pay the cost thereof pending reimbursement by the
465local agency. Any such contract may provide that the local
466agency may, out of proceeds of bonds, make advances to or
467reimburse the lessee, purchaser, or prospective lessee or
468purchaser for its costs incurred in the performance of those
469functions, and shall set forth the supporting documents required
470to be submitted to the local agency and the reviews,
471examinations, and audits that shall be required in connection
472therewith to assure compliance with the provisions of this part
473and the contract.
474     Section 12.  Paragraph (a) of subsection (2) of section
475162.12, Florida Statutes, is amended to read:
476     162.12  Notices.-
477     (2)  In addition to providing notice as set forth in
478subsection (1), at the option of the code enforcement board,
479notice may also be served by publication or posting, as follows:
480     (a)1.  Such notice shall be published once during each week
481for 4 consecutive weeks (four publications being sufficient) in
482a newspaper of general circulation in the county where the code
483enforcement board is located or daily during the 4 weeks
484immediately preceding the hearing on a publicly accessible
485website maintained by the local government. The website and
486newspaper shall meet such requirements as are prescribed under
487chapter 50 for legal and official advertisements.
488     2.  Proof of newspaper publication shall be made as
489provided in ss. 50.041 and 50.051.
490
491Evidence that an attempt has been made to hand deliver or mail
492notice as provided in subsection (1), together with proof of
493publication or posting as provided in subsection (2), shall be
494sufficient to show that the notice requirements of this part
495have been met, without regard to whether or not the alleged
496violator actually received such notice.
497     Section 13.  Paragraph (b) of subsection (15) and paragraph
498(c) of subsection (16) of section 163.3184, Florida Statutes,
499are amended to read:
500     163.3184  Process for adoption of comprehensive plan or
501plan amendment.-
502     (15)  PUBLIC HEARINGS.-
503     (b)  The local governing body shall hold at least two
504advertised public hearings on the proposed comprehensive plan or
505plan amendment as follows:
506     1.  The first public hearing shall be held at the
507transmittal stage pursuant to subsection (3). It shall be held
508on a weekday at least 7 days after the day that the first
509advertisement is published or after the notice of the first
510public hearing is initially published on the publicly accessible
511website.
512     2.  The second public hearing shall be held at the adoption
513stage pursuant to subsection (7). It shall be held on a weekday
514at least 5 days after the day that the second advertisement is
515published or after the notice of the second public hearing is
516initially published on the publicly accessible website.
517     (16)  COMPLIANCE AGREEMENTS.-
518     (c)  Before Prior to its execution of a compliance
519agreement, the local government must approve the compliance
520agreement at a public hearing advertised at least 10 days before
521the public hearing in a newspaper of general circulation in the
522area or daily during the 10 days immediately preceding the
523hearing on a publicly accessible website maintained by the local
524government in accordance with the advertisement requirements of
525subsection (15).
526     Section 14.  Paragraphs (a) and (c) of subsection (3) of
527section 166.041, Florida Statutes, are amended to read:
528     166.041  Procedures for adoption of ordinances and
529resolutions.-
530     (3)(a)  Except as provided in paragraph (c), a proposed
531ordinance may be read by title, or in full, on at least 2
532separate days and shall, at least 10 days before prior to
533adoption, be noticed once in a newspaper of general
534in the municipality or noticed daily during the 10
535immediately preceding the adoption on a publicly accessible
536website maintained by the municipality. The notice of proposed
537enactment shall state the date, time, and place of the meeting;
538the title or titles of proposed ordinances; and the place or
539places within the municipality where such proposed ordinances
540may be inspected by the public. The notice shall also advise
541that interested parties may appear at the meeting and be heard
542with respect to the proposed ordinance.
543     (c)  Ordinances initiated by other than the municipality
544that change the actual zoning map designation of a parcel or
545parcels of land shall be enacted pursuant to paragraph (a).
546Ordinances that change the actual list of permitted,
547conditional, or prohibited uses within a zoning category, or
548ordinances initiated by the municipality that change the actual
549zoning map designation of a parcel or parcels of land shall be
550enacted pursuant to the following procedure:
551     1.  In cases in which the proposed ordinance changes the
552actual zoning map designation for a parcel or parcels of land
553involving less than 10 contiguous acres, the governing body
554shall direct the clerk of the governing body to notify by mail
555each real property owner whose land the municipality will
556redesignate by enactment of the ordinance and whose address is
557known by reference to the latest ad valorem tax records. The
558notice shall state the substance of the proposed ordinance as it
559affects that property owner and shall set a time and place for
560one or more public hearings on such ordinance. Such notice shall
561be given at least 30 days prior to the date set for the public
562hearing, and a copy of the notice shall be kept available for
563public inspection during the regular business hours of the
564office of the clerk of the governing body. The governing body
565shall hold a public hearing on the proposed ordinance and may,
566upon the conclusion of the hearing, immediately adopt the
567ordinance.
568     2.  In cases in which the proposed ordinance changes the
569actual list of permitted, conditional, or prohibited uses within
570a zoning category, or changes the actual zoning map designation
571of a parcel or parcels of land involving 10 contiguous acres or
572more, the governing body shall provide for public notice and
573hearings as follows:
574     a.  The local governing body shall hold two advertised
575public hearings on the proposed ordinance. At least one hearing
576shall be held after 5 p.m. on a weekday, unless the local
577governing body, by a majority plus one vote, elects to conduct
578that hearing at another time of day. The first public hearing
579shall be held at least 7 days after the day that the first
580advertisement is published. The second hearing shall be held at
581least 10 days after the first hearing and shall be advertised at
582least 5 days prior to the public hearing.
583     b.  The required newspaper advertisements shall be no less
584than 2 columns wide by 10 inches long in a standard size or a
585tabloid size newspaper, and the headline in the advertisement
586shall be in a type no smaller than 18 point. The newspaper
587advertisement shall not be placed in that portion of the
588newspaper where legal notices and classified advertisements
589appear. The newspaper advertisement shall be placed in a
590newspaper of general paid circulation in the municipality and of
591general interest and readership in the municipality, not one of
592limited subject matter, pursuant to chapter 50. It is the
593legislative intent that, whenever possible, the newspaper
594advertisement appear in a newspaper that is published at least 5
595days a week unless the only newspaper in the municipality is
596published less than 5 days a week. The newspaper advertisement
597shall be in substantially the following form:
598
NOTICE OF (TYPE OF) CHANGE
599
600     The ...(name of local governmental unit)... proposes to
601adopt the following ordinance:...(title of the ordinance)....
602     A public hearing on the ordinance will be held on ...(date
603and time)... at ...(meeting place)....
604
605Except for amendments which change the actual list of permitted,
606conditional, or prohibited uses within a zoning category, the
607advertisement shall contain a geographic location map which
608clearly indicates the area covered by the proposed ordinance.
609The map shall include major street names as a means of
610identification of the general area.
611     c.  In lieu of publishing the advertisement set out in this
612paragraph, the municipality may mail a notice to each person
613owning real property within the area covered by the ordinance.
614Such notice shall clearly explain the proposed ordinance and
615shall notify the person of the time, place, and location of any
616public hearing on the proposed ordinance.
617     Section 15.  Section 170.05, Florida Statutes, is amended
618to read:
619     170.05  Publication of resolution.-Upon the adoption of the
620resolution provided for in s. 170.03, the municipality shall
621cause said resolution to be published on a publicly accessible
622website maintained by the municipality or one time in a
623newspaper of general circulation published in said municipality,
624and if there is be no website or newspaper published in said
625municipality, the governing authority of said municipality shall
626cause said resolution to be published once a week for a period
627of 2 weeks in a newspaper of general circulation published in
628the county in which said municipality is located.
629     Section 16.  Section 170.07, Florida Statutes, is amended
630to read:
631     170.07  Publication of preliminary assessment roll.-Upon
632the completion of said preliminary assessment roll, the
633governing authority of the municipality shall by resolution fix
634a time and place at which the owners of the property to be
635assessed or any other persons interested therein may appear
636before said governing authority and be heard as to the propriety
637and advisability of making such improvements, as to the cost
638thereof, as to the manner of payment therefor, and as to the
639amount thereof to be assessed against each property so improved.
640Thirty days' notice in writing of such time and place shall be
641given to such property owners. The notice shall include the
642amount of the assessment and shall be served by mailing a copy
643to each of such property owners at his or her last known
644address, the names and addresses of such property owners to be
645obtained from the records of the property appraiser or from such
646other sources as the city or town clerk or engineer deems
647reliable, proof of such mailing to be made by the affidavit of
648the clerk or deputy clerk of said municipality, or by the
649engineer, said proof to be filed with the clerk, provided, that
650failure to mail said notice or notices shall not invalidate any
651of the proceedings hereunder. Notice of the time and place of
652such hearing shall also be given by two publications a week
653apart in a newspaper of general circulation in said municipality
654or by publication daily for 2 weeks on a publicly accessible
655website maintained by the municipality, and if there is be no
656website or newspaper published in said municipality, the
657governing authority of said municipality shall cause said notice
658to be published in like manner in a newspaper of general
659circulation published in the county in which said municipality
660is located; provided that the last publication shall be at least
6611 week before prior to the date of the hearing. Said notice
662shall describe the streets or other areas to be improved and
663advise all persons interested that the description of each
664property to be assessed and the amount to be assessed to each
665piece or parcel of property may be ascertained at the office of
666the clerk of the municipality. Such service by publication shall
667be verified by the affidavit of the publisher and filed with the
668clerk of said municipality.
669     Section 17.  Subsection (1) of section 180.24, Florida
670Statutes, is amended to read:
671     180.24  Contracts for construction; bond; publication of
672notice; bids.-
673     (1)  Any municipality desiring the accomplishment of any or
674all of the purposes of this chapter may make contracts for the
675construction of any of the utilities mentioned in this chapter,
676or any extension or extensions to any previously constructed
677utility, which said contracts shall be in writing, and the
678contractor shall be required to give bond, which said bond shall
679be executed by a surety company authorized to do business in the
680state; provided, however, construction contracts in excess of
681$25,000 shall be advertised by the publication of a notice in a
682newspaper of general circulation in the county in which said
683municipality is located at least once each week for 2
684consecutive weeks, by publication daily for 2 weeks on a
685publicly accessible website maintained by the municipality, or
686by posting three notices in three conspicuous places in said
687municipality, one of which shall be on the door of the city
688hall; and that at least 10 days shall elapse between the date of
689the first publication or posting of such notice and the date of
690receiving bids and the execution of such contract documents. For
691municipal construction projects identified in s. 255.0525, the
692notice provision of that section supersedes and replaces the
693notice provisions in this section.
694     Section 18.  Paragraph (a) of subsection (3) of section
695197.3632, Florida Statutes, is amended to read:
696     197.3632  Uniform method for the levy, collection, and
697enforcement of non-ad valorem assessments.-
698     (3)(a)  Notwithstanding any other provision of law to the
699contrary, a local government which is authorized to impose a
700non-ad valorem assessment and which elects to use the uniform
701method of collecting such assessment for the first time as
702authorized in this section shall adopt a resolution at a public
703hearing before prior to January 1 or, if the property appraiser,
704tax collector, and local government agree, March 1. The
705resolution shall clearly state its intent to use the uniform
706method of collecting such assessment. The local government shall
707publish notice of its intent to use the uniform method for
708collecting such assessment weekly in a newspaper of general
709circulation within each county contained in the boundaries of
710the local government for 4 consecutive weeks preceding the
711hearing or, in the case of a county or municipality, daily
712during the 4 consecutive weeks immediately preceding the hearing
713on a publicly accessible website maintained by the county or
714municipality. The resolution shall state the need for the levy
715and shall include a legal description of the boundaries of the
716real property subject to the levy. If the resolution is adopted,
717the local governing board shall send a copy of it by United
718States mail to the property appraiser, the tax collector, and
719the department by January 10 or, if the property appraiser, tax
720collector, and local government agree, March 10.
721     Section 19.  Paragraph (d) of subsection (2), paragraph (g)
722of subsection (3), paragraph (b) of subsection (12), and
723paragraph (a) of subsection (14) of section 200.065, Florida
724Statutes, are amended to read:
725     200.065  Method of fixing millage.-
726     (2)  No millage shall be levied until a resolution or
727ordinance has been approved by the governing board of the taxing
728authority which resolution or ordinance must be approved by the
729taxing authority according to the following procedure:
730     (d)  Within 15 days after the meeting adopting the
731tentative budget, the taxing authority shall advertise in a
732newspaper of general circulation in the county as provided in
733subsection (3), its intent to finally adopt a millage rate and
734budget or, in the case of a county or municipality, may
735advertise on its publicly accessible website its intent to
736finally adopt a millage rate and budget, and shall maintain the
737notice on its website until completion of the hearing. If
738advertised in a newspaper, a public hearing to finalize the
739budget and adopt a millage rate shall be held not less than 2
740days nor more than 5 days after the day that the advertisement
741is first published. During the hearing, the governing body of
742the taxing authority shall amend the adopted tentative budget as
743it sees fit, adopt a final budget, and adopt a resolution or
744ordinance stating the millage rate to be levied. The resolution
745or ordinance shall state the percent, if any, by which the
746millage rate to be levied exceeds the rolled-back rate computed
747pursuant to subsection (1), which shall be characterized as the
748percentage increase in property taxes adopted by the governing
749body. The adoption of the budget and the millage-levy resolution
750or ordinance shall be by separate votes. For each taxing
751authority levying millage, the name of the taxing authority, the
752rolled-back rate, the percentage increase, and the millage rate
753to be levied shall be publicly announced before prior to the
754adoption of the millage-levy resolution or ordinance. In no
755event may The millage rate adopted pursuant to this paragraph
756may not exceed the millage rate tentatively adopted pursuant to
757paragraph (c). If the rate tentatively adopted pursuant to
758paragraph (c) exceeds the proposed rate provided to the property
759appraiser pursuant to paragraph (b), or as subsequently adjusted
760pursuant to subsection (11), each taxpayer within the
761jurisdiction of the taxing authority shall be sent notice by
762first-class mail of his or her taxes under the tentatively
763adopted millage rate and his or her taxes under the previously
764proposed rate. The notice must be prepared by the property
765appraiser, at the expense of the taxing authority, and must
766generally conform to the requirements of s. 200.069. If such
767additional notice is necessary, its mailing must precede the
768hearing held pursuant to this paragraph by not less than 10 days
769and not more than 15 days.
770     (3)
771     (g)  If In the event that the mailing of the notice of
772proposed property taxes is delayed beyond September 3 in a
773county, any multicounty taxing authority which levies ad valorem
774taxes within that county shall advertise its intention to adopt
775a tentative budget and millage rate on a publicly accessible
776website maintained by the taxing authority or in a newspaper of
777paid general circulation within that county, as provided in this
778subsection, and shall hold the hearing required pursuant to
779paragraph (2)(c). If advertised in the newspaper, the hearing
780shall be held not less than 2 days or more than 5 days
781thereafter, and not later than September 18. If advertised on
782the website, the hearing shall be held not less than 2 days
783after initial publication of the advertisement on the website
784and not later than September 18, and shall remain on the website
785until the date of the hearing. The advertisement shall be in the
786following form, unless the proposed millage rate is less than or
787equal to the rolled-back rate, computed pursuant to subsection
788(1), in which case the advertisement shall be as provided in
789paragraph (e):
790
NOTICE OF TAX INCREASE
791
792     The ...(name of the taxing authority)... proposes to
793increase its property tax levy by ...(percentage of increase
794over rolled-back rate)... percent.
795     All concerned citizens are invited to attend a public
796hearing on the proposed tax increase to be held on ...(date and
797time)... at ...(meeting place)....
798     (12)  The time periods specified in this section shall be
799determined by using the date of certification of value pursuant
800to subsection (1) or July 1, whichever date is later, as day 1.
801The time periods shall be considered directory and may be
802shortened, provided:
803     (b)  Any public hearing preceded by a newspaper
804advertisement is held not less than 2 days or more than 5 days
805following publication of such advertisement and any public
806hearing preceded by advertisement on a website advertisement is
807held not less than 2 days after initial publication; and
808     (14)(a)  If the notice of proposed property taxes mailed to
809taxpayers under this section contains an error, the property
810appraiser, in lieu of mailing a corrected notice to all
811taxpayers, may correct the error by mailing a short form of the
812notice to those taxpayers affected by the error and its
813correction. The notice shall be prepared by the property
814appraiser at the expense of the taxing authority which caused
815the error or at the property appraiser's expense if he or she
816caused the error. The form of the notice must be approved by the
817executive director of the Department of Revenue or the executive
818director's designee. If the error involves only the date and
819time of the public hearings required by this section, the
820property appraiser, with the permission of the taxing authority
821affected by the error, may correct the error by advertising the
822corrected information on a publicly accessible website
823maintained by the taxing authority or in a newspaper of general
824circulation in the county as provided in subsection (3).
825     Section 20.  Subsection (2) of section 255.0525, Florida
826Statutes, is amended to read:
827     255.0525  Advertising for competitive bids or proposals.-
828     (2)  The solicitation of competitive bids or proposals for
829any county, municipality, or other political subdivision
830construction project that is projected to cost more than
831$200,000 shall be publicly advertised at least once in a
832newspaper of general circulation in the county where the project
833is located at least 21 days before prior to the established bid
834opening and at least 5 days before prior to any scheduled prebid
835conference, or advertised daily during the 21-day period
836immediately preceding the established bid opening date and daily
837during the 5-day period immediately preceding any scheduled
838prebid conference on a publicly accessible website maintained by
839the entity responsible for publication. The solicitation of
840competitive bids or proposals for any county, municipality, or
841other political subdivision construction project that is
842projected to cost more than $500,000 shall be publicly
843advertised at least once in a newspaper of general circulation
844in the county where the project is located at least 30 days
845before prior to the established bid opening and at least 5 days
846before prior to any scheduled prebid conference, or advertised
847daily during the 30-day period immediately preceding the
848established bid opening date and daily during the 5-day period
849immediately preceding any scheduled prebid conference on a
850publicly accessible website. Bids or proposals shall be received
851and opened at the location, date, and time established in the
852bid or proposal advertisement. In cases of emergency, the
853procedures required in this section may be altered by the local
854governmental entity in any manner that is reasonable under the
855emergency circumstances.
856     Section 21.  Paragraph (e) of subsection (25) of section
857380.06, Florida Statutes, is amended to read:
858     380.06  Developments of regional impact.-
859     (25)  AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.-
860     (e)  The local government shall schedule a public hearing
861within 60 days after receipt of the petition. The public hearing
862shall be advertised at least 30 days before prior to the
863hearing. In addition to the public hearing notice by the local
864government, the petitioner, except when the petitioner is a
865local government, shall provide actual notice to each person
866owning land within the proposed areawide development plan at
867least 30 days before prior to the hearing. If the petitioner is
868a local government, or local governments pursuant to an
869interlocal agreement, notice of the public hearing shall be
870provided by the publication of an advertisement on a publicly
871accessible website maintained by the county or municipality
872responsible for publication or in a newspaper of general
873circulation that meets the requirements of this paragraph. The
874newspaper advertisement must be no less than one-quarter page in
875a standard size or tabloid size newspaper, and the headline in
876the newspaper advertisement must be in type no smaller than 18
877point. The newspaper advertisement may shall not be published in
878that portion of the newspaper where legal notices and classified
879advertisements appear. The advertisement must be published on a
880publicly accessible website maintained by the county or
881municipality responsible for publication or in a newspaper of
882general paid circulation in the county and of general interest
883and readership in the community, not one of limited subject
884matter, pursuant to chapter 50. Whenever possible, the newspaper
885advertisement must appear in a newspaper that is published at
886least 5 days a week, unless the only newspaper in the community
887is published less than 5 days a week. The advertisement must be
888in substantially the form used to advertise amendments to
889comprehensive plans pursuant to s. 163.3184. The local
890government shall specifically notify in writing the regional
891planning agency and the state land planning agency at least 30
892days before prior to the public hearing. At the public hearing,
893all interested parties may testify and submit evidence regarding
894the petitioner's qualifications, the need for and benefits of an
895areawide development of regional impact, and such other issues
896relevant to a full consideration of the petition. If more than
897one local government has jurisdiction over the defined planning
898area in an areawide development plan, the local governments
899shall hold a joint public hearing. Such hearing shall address,
900at a minimum, the need to resolve conflicting ordinances or
901comprehensive plans, if any. The local government holding the
902joint hearing shall comply with the following additional
903requirements:
904     1.  The notice of the hearing shall be published at least
90560 days in advance of the hearing and shall specify where the
906petition may be reviewed.
907     2.  The notice shall be given to the state land planning
908agency, to the applicable regional planning agency, and to such
909other persons as may have been designated by the state land
910planning agency as entitled to receive such notices.
911     3.  A public hearing date shall be set by the appropriate
912local government at the next scheduled meeting.
913     Section 22.  Paragraph (a) of subsection (2) of section
914403.973, Florida Statutes, is amended to read:
915     403.973  Expedited permitting; comprehensive plan
916amendments.-
917     (2)  As used in this section, the term:
918     (a)  "Duly noticed" means publication on a publicly
919accessible website maintained by the municipality or county
920having jurisdiction or in a newspaper of general circulation in
921the municipality or county having with jurisdiction. If
922published in a newspaper, the notice shall appear on at least 2
923separate days, one of which shall be at least 7 days before the
924meeting. If published on a publicly accessible website, the
925notice shall appear daily during the 7 days immediately
926preceding the meeting. The notice shall state the date, time,
927and place of the meeting scheduled to discuss or enact the
928memorandum of agreement, and the places within the municipality
929or county where such proposed memorandum of agreement may be
930inspected by the public. The newspaper notice must be one-eighth
931of a page in size and must be published in a portion of the
932paper other than the legal notices section. The notice shall
933also advise that interested parties may appear at the meeting
934and be heard with respect to the memorandum of agreement.
935     Section 23.  Paragraph (b) of subsection (4) of section
936420.9075, Florida Statutes, is amended to read:
937     420.9075  Local housing assistance plans; partnerships.-
938     (4)  Each local housing assistance plan is governed by the
939following criteria and administrative procedures:
940     (b)  The county or eligible municipality or its
941administrative representative shall advertise the notice of
942funding availability in a newspaper of general circulation and
943periodicals serving ethnic and diverse neighborhoods, at least
94430 days before the beginning of the application period or daily
945during the 30 days immediately preceding the application period
946on a publicly accessible website maintained by the county or
947eligible municipality. If no funding is available due to a
948waiting list, no notice of funding availability is required.
949     Section 24.  Subsection (2) of section 403.7049, Florida
950Statutes, is amended to read:
951     403.7049  Determination of full cost for solid waste
952management; local solid waste management fees.-
953     (2)(a)  Each municipality shall establish a system to
954inform, no less than once a year, residential and nonresidential
955users of solid waste management services within the
956municipality's service area of the user's share, on an average
957or individual basis, of the full cost for solid waste management
958as determined pursuant to subsection (1). Counties shall provide
959the information required of municipalities only to residential
960and nonresidential users of solid waste management services
961within the county's service area that are not served by a
962municipality. Municipalities shall include costs charged to them
963or persons contracting with them for disposal of solid waste in
964the full cost information provided to residential and
965nonresidential users of solid waste management services.
966     (b)  The public disclosure system requirements of this
967section shall be fulfilled by meeting one of the following:
968     1.  By mailing a copy of the full cost information to each
969residential and nonresidential user of solid waste management
970service within the solid waste management service area of the
971county or municipality;
972     2.  By enclosing a copy of the full cost information in or
973with a bill sent to each residential and nonresidential user of
974solid waste management services within the service area of the
975county or municipality;
976     3.  By publishing a copy of the full cost information in a
977newspaper of general circulation within the county. Such notice
978shall be a display advertisement not less than one-quarter page
979in size; or
980     4.  By advertising a copy of the full cost information
981daily for at least two consecutive weeks on a publicly
982accessible website maintained by the municipality.
983     (c)(b)  Counties and municipalities are encouraged to
984operate their solid waste management systems through use of an
985enterprise fund.
986     Section 25.  This act shall take effect October 1, 2010.


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