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VAB Agenda 02/10/2020 Item # 3A2 e(HB 7) ITEM 3A2 Florida Legislative Session 2020 — Proposed Bills HB 7 FLORIDA HOUSE O F REPRESENTATIVES HB7 2020 1 A bill to be entitled 2 An act relating to legal notices; amending s . 50 . 011, 3 F. S . ; providing for the publication of legal notices 4 on certain publicly accessible websites; amending ss . 5 50 . 021, 50 . 0211, and 50 . 031, F. S . ; conforming 6 provisions to changes made by the act; creating s . 7 50 . 0311, F. S . ; providing definitions; allowing a 8 governmental agency to publish legal notices on a 9 publicly accessible website under certain 10 circumstances; providing criteria for website 11 publication; authorizing a fiscally constrained county 12 to use a publicly accessible website to publish 13 legally required advertisements and public notices 14 only if certain requirements are met; requiring a 15 governmental agency to provide specified notice to 16 certain residents and property owners relating to 17 alternative methods of receiving legal notices; 18 authorizing a governmental agency to publish certain 19 public notices and advertisements on its governmental 20 access channels; amending s . 50 . 041, F. S. ; removing 21 provisions relating to the publication of legal 22 notices in newspapers; amending s . 50 . 051, F. S . ; 23 revising a form for affidavits of publication; 24 amending s . 50 . 0711, F. S . ; revising provisions 25 relating to the use of court docket funds; amending s . Page 1 of 53 CODING: Words stricken.are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 26 83 . 806, F. S . ; providing that an advertisement of a 27 sale or disposition of property may be published on 28 certain websites for a specified time period; amending 29 ss . 11 . 02, 45 . 031, 121 . 0511, 121 . 055, 125 . 66, 162 . 12, 30 166 . 041, 189 . 015, 190 . 005, 190 . 046, 194 . 037, 197 . 402, 31 200 . 065, 338 . 223, 348 . 0308, 348 . 635, 348 . 7605, 32 373 . 0397 , 373 . 146, 403 . 722, 712 . 06, 849 . 38, 865 . 09, 33 and 932 . 704; conforming provisions to changes made by 34 the act; providing an effective date . 35 36 Be It Enacted by the Legislature of the State of Florida : 37 38 Section 1 . Section 50 . 011, Florida Statutes, is amended to 39 read: 40 50 . 011 Publication of Whcrc and in what languagc legal 41 notices to be publishcd.—Whenever by statute an official or 42 legal advertisement or a publication, or notice in a newspaper 43 or governmental agency website has been or is directed or 44 permitted in the nature of or in lieu of process, or for 45 constructive service, or in initiating, assuming, reviewing, 46 exercising or enforcing jurisdiction or power, or for any 47 purpose, including all legal notices and advertisements of 48 sheriffs and tax collectors, the contemporaneous and continuous 49 intent and meaning of such legislation all and singular, 50 existing or repealed, is and has been and is hereby declared to Page 2 of 53 CODING: Words stricken are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 51 be and to have been, and the rule of interpretation is and has 52 been the following:7- 53 (1) A publication in a newspaper printed and published 54 periodically at least once a week or oftcncr, containing at 55 least 25 percent of its words in the English language, entered 56 or qualified to be admitted and entered as periodicals matter at 57 a post office in the county where published, for salc to the 58 public gcncrally, available to the public generally for the 59 publication of official or other notices and customarily 60 containing information of a public character or of interest or 61 of value to the residents or owners of property in the county 62 where published, or of interest or of value to the general 63 public; or 64 (2) On a publicly accessible website pursuant to s . 65 50 . 0311 . 66 Section 2 . Section 50 . 021, Florida Statutes, is amended to 67 read: 68 50 . 021 Publication when no newspaper in county.—When any 69 law, or order or decree of court, directs shall dircct 70 advertisements to be made in a wry county and there is be no 71 newspaper published in the said county, the advertisement may be 72 posted on a publicly accessible website as provided in s . 73 50 . 0311 or made by posting three copies thereof in three 74 different places in the said county, one of which shall be at 75 the front door of the courthouse, and by publication in the Page 3 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE O F REPRESENTATIVES HB7 2020 76 nearest county in which a newspaper is published. 77 Section 3 . Subsections (2 ) and (3) of section 50 . 0211, 78 Florida Statutes, are amended to read: 79 50 . 0211 Internet website publication.- 80 (2) If a governmental agency publishes a legal notice in a 81 newspaper, each legal notice must be posted on the newspaper' s 82 website on the same day that the printed notice appears in the 83 newspaper, at no additional charge, in a separate web page 84 titled "Legal Notices, " "Legal Advertising, " or comparable 85 identifying language. A link to the legal notices web page shall 86 be provided on the front page of the newspaper ' s website that 87 provides access to the legal notices . If there is a specified 88 size and placement required for a printed legal notice, the size 89 and placement of the notice on the newspaper ' s website must 90 optimize its online visibility in keeping with the print 91 requirements . The newspaper ' s web pages that contain legal 92 notices must present the legal notices as the dominant and 93 leading subject matter of those pages . The newspaper ' s website 94 must contain a search function to facilitate searching the legal 95 notices . A fee may not be charged, and registration may not be 96 required, for viewing or searching legal notices on a 97 newspaper ' s website if the legal notice is published in a 98 newspaper. 99 (3) (a) If a legal notice is published in a newspaper, the 100 newspaper publishing the notice shall place the notice on the Page 4 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 101 statewide website established and maintained as an initiative of 102 the Florida Press Association as a repository for such notices 103 located at the following address : www. floridapublicnotices . com. 104 (b) A legal notice placed on the statewide website created 105 under this subsection must be : 106 1 . Accessible and searchable by party name and case 107 number. 108 2 . Posted for a period of at least 90 consecutive days 109 after the first day of posting. 110 (c) The statewide website created under this subsection 111 shall maintain a searchable archive of all legal notices posted 112 on the publicly accessible website on or after October 1, 2014, 113 for 18 months after the first day of posting. Such searchable 114 archive shall be provided and accessible to the general public 115 without charge . 116 Section 4 . Section 50 . 031, Florida Statutes, is amended to 117 read: 118 50 . 031 Newspapers in which legal notices and process may 119 be published.—If a governmental agency publishes a legal notice 120 in a newspaper, no notice or publication required to be 121 published in a newspaper in the nature of or in lieu of process 122 of any kind, nature, character or description provided for under 123 any law of the state, whether heretofore or hereafter enacted, 124 and whether pertaining to constructive service, or the 125 initiating, assuming, reviewing, exercising or enforcing Page 5 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 126 jurisdiction or power, by any court in this state, or any notice 127 of sale of property, real or personal, for taxes, state, county 128 or municipal, or sheriff ' s, guardian ' s or administrator ' s or any 129 sale made pursuant to any judicial order, decree or statute or 130 any other publication or notice pertaining to any affairs of the 131 state, or any county, municipality or other political 132 subdivision thereof, shall be deemed to have been published in 133 accordance with the statutes providing for such publication, 134 unless the same shall have been published for the prescribed 135 period of time required for such publication, in a newspaper 136 which at the time of such publication shall have been in 137 existence for 1 year and shall have been entered as periodicals 138 matter at a post office in the county where published, or in a 139 newspaper which is a direct successor of a newspaper which 140 together have been so published; provided, however, that nothing 141 herein contained shall apply where in any county there shall be 142 no newspaper in existence which shall have been published for 143 the length of time above prescribed. No legal publication of any 144 kind, nature or description, as herein defined, shall be valid 145 or binding or held to be in compliance with the statutes 146 providing for such publication unless the same shall have been 147 published in accordance with the provisions of this section or 148 s . 50 . 0311 . Proof of such publication shall be made by uniform 149 affidavit . 150 Section 5 . Section 50 . 0311, Florida Statutes, is created Page 6 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 151 to read: 152 50 . 0311 Publication of advertisements and public notices 153 on a publicly accessible website and governmental access 154 channels .- 155 (1) For purposes of this chapter, "governmental agency" 156 means a county, municipality, school board, or other unit of 157 local government or political subdivision in this state. 158 (2) For purposes of notices and advertisements required 159 under s . 50. 11, the term "publicly accessible website" means a 160 governmental agency' s official website or other private website 161 designated by the governmental agency for the posting of legal 162 notices and advertisements that is accessible via the Internet . 163 All advertisements and public notices published on a website as 164 provided in this chapter must be in searchable form. 165 (3) "Fiscally constrained county" means a county within a 166 rural area of opportunity as designated by the Governor pursuant 167 to s. 288 . 0656 or a county for which the value of a mill will 168 raise no more than $5 million in revenue, based on the certified 169 school taxable value certified pursuant to s . 1011 . 62 (4) (a) l .a. , 170 from the previous July 1 . 171 (4 ) A governmental agency in a county that is not a 172 fiscally constrained county may use a publicly accessible 173 website to publish legally required advertisements and public 174 notices if the cost of publishing advertisements and public 175 notices on a website is less than the cost of publishing Page 7 of 53 CODING: Words strickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES H B 7 2020 176 advertisements and public notices in a newspaper. 177 (5) A governmental agency in a fiscally constrained county 178 may use a publicly accessible website to publish legally 179 required advertisements and public notices only if the 180 governmental agency, after a public hearing which has been 181 noticed in a newspaper as provided in this chapter, makes a 182 determination of the following: 183 (a) Publishing advertisements and public notices on a 184 publicly accessible website is in the public interest. 185 (b) The cost of publishing advertisements and public 186 notices on a publicly accessible website is less than the cost 187 of publishing advertisements and public notices in a newspaper. 188 (c) The residents of the county have sufficient access to 189 the Internet by broadband service as defined in s . 364 . 02 (2) or 190 any other means such that publishing advertisements and public 191 notices on a publicly accessible website will not unreasonably 192 restrict public access . 193 ( 6) A governmental agency shall provide notice at least 194 once per year in a newspaper of general circulation or another 195 publication that is mailed or delivered to all residents and 196 property owners throughout the government ' s jurisdiction, 197 indicating that property owners and residents may receive 198 legally required advertisements and public notices from the 199government agency b_y first-class mail or e-mail upon re isterin 200 their name and address or e-mail address with the governmental Page 8 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 201 agency. The governmental agency shall maintain a registry of 202 names, addresses, and e-mail addresses of property owners and 203 residents who request in writing that they receive legally 204 required advertisements and public notices from the governmental 205 agency by first-class mail or e-mail . 206 (7) A link to advertisements and public notices published 207 on a publicly accessible website shall be conspicuously placed 208 on the website ' s homepage or accessible through a direct link 209 from the homepage. Each advertisement or public notice shall 210 indicate the date on which the advertisement or public notice 211 was first published on the publicly accessible website. 212 (8 ) A governmental agency that has a governmental access 213 channel authorized under s . 610 . 109 may also include on its 214 governmental access channel a summary of all advertisements and 215 public notices that are posted on its publicly accessible 216 website. 217 Section 6 . Section 50 . 041, Florida Statutes, is amended to 218 read: 219 50 . 041 Proof of publication; uniform affidavits required.- 220 (1) All affidavits of publishers of newspapers (or thcir 221 official representatives) made for the purpose of establishing 222 proof of publication of public notices or legal advertisements 223 shall be uniform throughout the state. 224 (2) Each such affidavit shall be printed upon white paper 225 and shall be 8 1/2 inches in width and of convenient length, not Page 9 of 53 CODING: Words chicken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 226 less than 5 1/2 inches . A white margin of not less than 2 1/2 227 inches shall be left at the right side of each affidavit form 228 and upon or in this space shall be substantially pasted a 229 clipping which shall be a true copy of the public notice or 230 legal advertisement for which proof is executed. Alternatively, 231 the affidavit may be provided in electronic rather than paper 232 form, provided the notarization of the affidavit complies with 233 the requirements of s . 117 . 021 . 234 (3) - - 235 150, 000 according to thc latest official decennial census, in 236 addition to thc charges which arc now or may hereafter be 237 established by law for thc publication of Ivory official noticc 238 or legal advertisement, There may be a charge not to exceed $2 239 levied for the preparation and execution of each such proof of 240 publication or publisher ' s affidavit . 241 Section 7 . Section 50 . 051, Florida Statutes, is amended to 242 read: 243 50 . 051 Proof of publication; form of uniform affidavit .- 244 The printed form upon which all such affidavits establishing 245 proof of publication are to be executed shall be substantially 246 as follows : 247 NAME OF COUNTY NEWSPAPER 248 Published (Weekly or Daily) 249 (Town or City) (County) FLORIDA 250 STATE OF FLORIDA Page 10 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES H B 7 2020 251 COUNTY OF 252 Before the undersigned authority personally appeared . . . . , 253 who on oath says that he or she is . . . . of the . . . . , a . . . . 254 ncwspaper publishcd at . . . . in . . . . County, Florida; that the 255 attached copy of advertisement, being a . . . . in the matter of 256 . . . . in the . . . . Court, was published on the publicly accessible 257 website of the governmental agency or in a said newspaper. in 258 thc issues of 259 Affiant further says that the website or newspaper complies 260 with all legal requirements for publication in chapter 50, 261 Florida Statutes . said . . . . is a ncwspaper publishcd at . . . . , in 262 said . . . . County, Florida, and that thc said ncwspaper has 263 heretofore bccn continuously publishcd in said . . . . County, 264 Florida, cach . . . . and has bccn cntcrcd as periodicals mattcr at 265 thc post officc in . . . . , in said . . . . County, Florida, for a 266 period of 1 ycar ncxt prcccding thc first publication of thc 267 attached copy of advcrtiscmcnt; and affiant furthcr says that he 268 or she has neither paid nor promised any person, firm or 269 corporation any discount, rebate, commission or rcfund for thc 270 purpose of securing this advertisement for publication in the 271 said newspaper. 272 Sworn to and subscribed before me this . . . . day of . . . . , 273 . . . (year) . . . , by . . . . , who is personally known to me or who has 274 produced (type of identification) as identification . 275 . . . (Signature of Notary Public) . . . Page 11 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 276 . . . (Print, Type, or Stamp Commissioned Name of Notary Public) . . . 277 . . . (Notary Public) . . . 278 Section 8 . Section 50 . 0711, Florida Statutes, is amended 279 to read: 280 50 . 0711 Court docket fund; service charges; publications .- 281 ( 1) The clerk of the court in each county may establish a 282 court docket fund for the purpose of paying the cost of 283 publication of the fact of the filing of any civil case in the 284 circuit court of the county by the style and of the calendar 285 relating to such cases . This court docket fund shall be funded 286 by $1 mandatory court cost for all civil actions, suits, or 287 proceedings filed in the circuit court of the county. The clerk 288 shall maintain such funds separate and apart, and the proceeds 289 from this court cost shall not be diverted to any other fund or 290 for any purpose other than that established in this section. The 291 clerk of the court shall dispense the fund to the designated 292 publicly accessible website publisher or record newspaper in the 293 county on a quarterly basis . 294 (2) If a judicial circuit publishes legal notices in a 295 newspaper, a newspaper qualified under the terms of s . 50 . 011 296 shall be designated as the record newspaper for such publication 297 by an order of the majority of the judges in the judicial 298 circuit in which such county is located, and such order shall be 299 filed and recorded with the clerk of the circuit court for such 300 county. The designated record newspaper may be changed at the Page 12 of 53 CODING: Words stricken are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE O F REPRESENTATIVES H B 7 2020 301 end of any fiscal year of the county by a majority vote of the 302 judges of the judicial circuit of the county ordering such 303 change 30 days prior to the end of the fiscal year, notice of 304 which order shall be given to the previously designated record 305 newspaper. 306 (3) The publicly accessible website publisher or 307 publishers of any designated record newspapers receiving payment 308 from this court docket fund shall publish, without additional 309 charge, the fact of the filing of any civil case, suit, or 310 action filed in such county in the circuit . Such publication 311 shall be in accordance with a schedule agreed upon between the 312 website publisher or record newspaper and the clerk of the court 313 in such county. 314 (4 ) The publicly accessible website publisher or 315 publishers of any designated record newspapers receiving 316 revenues from the court docket fund established in subsection 317 ( 1) shall, without charge, accept legal advertisements for the 318 purpose of service of process by publication under s . 49 . 011 (4 ) , 319 ( 10) , and (11) when such publication is required of persons 320 authorized to proceed as indigent persons under s . 57 . 081 . 321 Section 9 . Subsection (4 ) of section 83 . 806, Florida 322 Statutes, is amended to read: 323 83 . 806 Enforcement of lien.—An owner ' s lien as provided in 324 s . 83 . 805 may be satisfied as follows : 325 (4 ) After the expiration of the time given in the notice, Page 13 of 53 CODING: Words stricken are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 326 an advertisement of the sale or other disposition shall be 327 published once a week for 2 consecutive weeks in a newspaper of 328 general circulation in the area where the self-service storage 329 facility or self-contained storage unit is located or published 330 continuously for 14 consecutive days on a public website that 331 customarily conducts personal property auctions. 332 (a) A lien sale may be conducted on a public website that 333 customarily conducts personal property auctions . The facility or 334 unit owner is not required to hold a license to post property 335 for online sale . Inasmuch as any sale may involve property of 336 more than one tenant, a single advertisement may be used to 337 dispose of property at any one sale . 338 (b) The advertisement shall include : 339 1 . A brief and general description of what is believed to 340 constitute the personal property contained in the storage unit, 341 as provided in paragraph (2) (b) . 342 2 . The address of the self-service storage facility or the 343 address where the self-contained storage unit is located and the 344 name of the tenant . 345 3 . The time, place, and manner of the sale or other 346 disposition. The sale or other disposition shall take place at 347 least 15 days after the first publication. 348 (c) If there is no newspaper of general circulation in the 349 area where the self-service storage facility or self-contained 350 storage unit is located, the advertisement shall be posted at Page 14 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 351 least 10 days before the date of the sale or other disposition 352 in at least three conspicuous places in the neighborhood where 353 the self-service storage facility or self-contained storage unit 354 is located or published continuously for 14 consecutive days on 355 a public website that customarily conducts personal property 356 auctions . 357 Section 10 . Section 11 . 02, Florida Statutes, is amended to 358 read: 359 11 . 02 Notice of special or local legislation or certain 360 relief acts .—The notice required to obtain special or local 361 legislation or any relief act specified in s . 11 . 065 shall be by 362 publishing the identical notice in each county involved in some 363 newspaper as provided defined in chapter 50 published in or 364 circulated throughout the county or counties where the matter or 365 thing to be affected by such legislation shall be situated one 366 time at least 30 days before introduction of the proposed law 367 into the Legislature or, if the notice is not posted on a 368 publicly accessible website as provided in chapter 50 and there 369 being no newspaper circulated throughout or published in the 370 county, by posting for at least 30 days at not less than three 371 public places in the county or each of the counties, one of 372 which places shall be at the courthouse in the county or 373 counties where the matter or thing to be affected by such 374 legislation shall be situated. Notice of special or local 375 legislation shall state the substance of the contemplated law, Page 15 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 376 as required by s . 10, Art . III of the State Constitution. Notice 377 of any relief act specified in s . 11 . 065 shall state the name of 378 the claimant, the nature of the injury or loss for which the 379 claim is made, and the amount of the claim against the affected 380 municipality' s revenue-sharing trust fund. 381 Section 11 . Subsection (2) of section 45 . 031, Florida 382 Statutes, is amended to read: 383 45 . 031 Judicial sales procedure.—In any sale of real or 384 personal property under an order or judgment, the procedures 385 provided in this section and ss . 45 . 0315-45 . 035 may be followed 386 as an alternative to any other sale procedure if so ordered by 387 the court . 388 (2) PUBLICATION OF SALE .—Notice of sale shall be published 389 on a publicly accessible website for at least 2 consecutive 390 weeks before the sale or once a week for 2 consecutive weeks in 391 a newspaper of general circulation,— as provided dcfincd in 392 chapter 50, published in the county where the sale is to be 393 held. The second publication by newspaper shall be at least 5 394 days before the sale . The notice shall contain: 395 (a) A description of the property to be sold. 396 (b) The time and place of sale . 397 (c) A statement that the sale will be made pursuant to the 398 order or final judgment . 399 (d) The caption of the action. 400 (e) The name of the clerk making the sale. Page 16 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 401 (f) A statement that any person claiming an interest in 402 the surplus from the sale, if any, other than the property owner 403 as of the date of the lis pendens must file a claim before the 404 clerk reports the surplus as unclaimed. 405 406 The court, in its discretion, may enlarge the time of the sale. 407 Notice of the changed time of sale shall be published as 408 provided herein. 409 Section 12 . Subsection (2) of section 121 . 0511, Florida 410 Statutes, is amended to read: 411 121 . 0511 Revocation of election and alternative plan.—The 412 governing body of any municipality or independent special 413 district that has elected to participate in the Florida 414 Retirement System may revoke its election in accordance with the 415 following procedure: 416 (2) At least 7 days, but not more than 15 days, before the 417 hearing, notice of intent to revoke, specifying the time and 418 place of the hearing, must be published as provided in chapter 419 50 in a ncwspaper of gcncral circulation in the arca affcctcd, 420 a., providcd by :33 . 50 . 011 50 . 031 . Proof of publication of the 421 notice must be submitted to the Department of Management 422 Services . 423 Section 13 . Paragraphs (b) and (h) of subsection (1) of 424 section 121 . 055, Florida Statutes, are amended to read: 425 121 . 055 Senior Management Service Class .—There is hereby Page 17 of 53 CODING: Words strickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 426 established a separate class of membership within the Florida 427 Retirement System to be known as the "Senior Management Service 428 Class, " which shall become effective February 1, 1987 . 429 (1) 430 (b) 1 . Except as provided in subparagraph 2 . , effective 431 January 1, 1990, participation in the Senior Management Service 432 Class is compulsory for the president of each community college, 433 the manager of each participating municipality or county, and 434 all appointed district school superintendents . Effective January 435 1, 1994, additional positions may be designated for inclusion in 436 the Senior Management Service Class if : 437 a. Positions to be included in the class are designated by 438 the local agency employer. Notice of intent to designate 439 positions for inclusion in the class must be published for at 440 least 2 consecutive weeks if published on a publicly accessible 441 website or once a week for 2 consecutive weeks in a newspaper of 442 general circulation published in the county or counties 443 affected,— as provided in chapter 50 . 444 b. Up to 10 nonelective full-time positions may be 445 designated for each local agency employer reporting to the 446 department; for local agencies with 100 or more regularly 447 established positions, additional nonelective full-time 448 positions may be designated, not to exceed 1 percent of the 449 regularly established positions within the agency. 450 c. Each position added to the class must be a managerial Page 18 of 53 CODING: Words stricken are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 451 or policymaking position filled by an employee who is not 452 subject to continuing contract and serves at the pleasure of the 453 local agency employer without civil service protection, and who: 454 (I) Heads an organizational unit; or 455 (II ) Has responsibility to effect or recommend personnel, 456 budget, expenditure, or policy decisions in his or her areas of 457 responsibility. 458 2 . In lieu of participation in the Senior Management 459 Service Class, members of the Senior Management Service Class, 460 pursuant to subparagraph 1 . , may withdraw from the Florida 461 Retirement System altogether. The decision to withdraw from the 462 system is irrevocable as long as the employee holds the 463 position. Any service creditable under the Senior Management 464 Service Class shall be retained after the member withdraws from 465 the system; however, additional service credit in the Senior 466 Management Service Class may not be earned after such 467 withdrawal . Such members are not eligible to participate in the 468 Senior Management Service Optional Annuity Program. 469 3 . Effective January 1, 2006, through June 30, 2006, an 470 employee who has withdrawn from the Florida Retirement System 471 under subparagraph 2 . has one opportunity to elect to 472 participate in the pension plan or the investment plan. 473 a. If the employee elects to participate in the investment 474 plan, membership shall be prospective, and the applicable 475 provisions of s . 121 . 4501 (4) govern the election. Page 19 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 476 b. If the employee elects to participate in the pension 477 plan, the employee shall, upon payment to the system trust fund 478 of the amount calculated under sub-sub-subparagraph ( I) , receive 479 service credit for prior service based upon the time during 480 which the employee had withdrawn from the system. 481 (I) The cost for such credit shall be an amount 482 representing the actuarial accrued liability for the affected 483 period of service . The cost shall be calculated using the 484 discount rate and other relevant actuarial assumptions that were 485 used to value the pension plan liabilities in the most recent 486 actuarial valuation. The calculation must include any service 487 already maintained under the pension plan in addition to the 488 period of withdrawal . The actuarial accrued liability 489 attributable to any service already maintained under the pension 490 plan shall be applied as a credit to the total cost resulting 491 from the calculation. The division must ensure that the transfer 492 sum is prepared using a formula and methodology certified by an 493 actuary. 494 (II) The employee must transfer a sum representing the net 495 cost owed for the actuarial accrued liability in sub-sub- 496 subparagraph ( I ) immediately following the time of such 497 movement, determined assuming that attained service equals the 498 sum of service in the pension plan and the period of withdrawal . 499 (h) 1 . Except as provided in subparagraph 3 . , effective 500 January 1, 1994 , participation in the Senior Management Service Page 20 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 501 Class shall be compulsory for the State Courts Administrator and 502 the Deputy State Courts Administrators, the Clerk of the Supreme 503 Court, the Marshal of the Supreme Court, the Executive Director 504 of the Justice Administrative Commission, the capital collateral 505 regional counsel, the clerks of the district courts of appeals, 506 the marshals of the district courts of appeals, and the trial 507 court administrator and the Chief Deputy Court Administrator in 508 each judicial circuit . Effective January 1, 1994 , additional 509 positions in the offices of the state attorney and public 510 defender in each judicial circuit may be designated for 511 inclusion in the Senior Management Service Class of the Florida 512 Retirement System, provided that : 513 a . Positions to be included in the class shall be 514 designated by the state attorney or public defender, as 515 appropriate. Notice of intent to designate positions for 516 inclusion in the class shall be published for at least 2 517 consecutive weeks if published on a publicly accessible website 518 or once a week for 2 consecutive weeks in a newspaper of general 519 circulation published in the county or counties affected,— as 520 provided in chapter 50 . 521 b. One nonelective full-time position may be designated 522 for each state attorney and public defender reporting to the 523 Department of Management Services; for agencies with 200 or more 524 regularly established positions under the state attorney or 525 public defender, additional nonelective full-time positions may Page 21 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE O F REPRESENTATIVES HB7 2020 526 be designated, not to exceed 0 . 5 percent of the regularly 527 established positions within the agency. 528 c. Each position added to the class must be a managerial 529 or policymaking position filled by an employee who serves at the 530 pleasure of the state attorney or public defender without civil 531 service protection, and who: 532 (I) Heads an organizational unit; or 533 (II) Has responsibility to effect or recommend personnel, 534 budget, expenditure, or policy decisions in his or her areas of 535 responsibility. 536 2 . Participation in this class shall be compulsory, except 537 as provided in subparagraph 3 . , for any judicial employee who 538 holds a position designated for coverage in the Senior 539 Management Service Class, and such participation shall continue 540 until the employee terminates employment in a covered position. 541 Effective January 1, 2001, participation in this class is 542 compulsory for assistant state attorneys, assistant statewide 543 prosecutors, assistant public defenders, and assistant capital 544 collateral regional counsel . Effective January 1, 2002, 545 participation in this class is compulsory for assistant 546 attorneys general . 547 3 . In lieu of participation in the Senior Management 548 Service Class, such members, excluding assistant state 549 attorneys, assistant public defenders, assistant statewide 550 prosecutors, assistant attorneys general, and assistant capital Page 22 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES H B 7 2020 551 collateral regional counsel, may participate in the Senior 552 Management Service Optional Annuity Program as established in 553 subsection ( 6) . 554 Section 14 . Paragraph (a) of subsection (2) and paragraph 555 (b) of subsection (4 ) of section 125 . 66, Florida Statutes, are 556 amended to read: 557 125 . 66 Ordinances; enactment procedure; emergency 558 ordinances; rezoning or change of land use ordinances or 559 resolutions.- 560 (2) (a) The regular enactment procedure shall be as 561 follows : The board of county commissioners at any regular or 562 special meeting may enact or amend any ordinance, except as 563 provided in subsection (4) , if notice of intent to consider such 564 ordinance is given at least 10 days prior to said meeting by 565 publication as provided in chapter 50 in a ncw3paper of gcncral 566 circulation in the county. A copy of such notice shall be kept 567 available for public inspection during the regular business 568 hours of the office of the clerk of the board of county 569 commissioners . The notice of proposed enactment shall state the 570 date, time, and place of the meeting; the title or titles of 571 proposed ordinances; and the place or places within the county 572 where such proposed ordinances may be inspected by the public. 573 The notice shall also advise that interested parties may appear 574 at the meeting and be heard with respect to the proposed 575 ordinance . Page 23 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 576 (4 ) Ordinances or resolutions, initiated by other than the 577 county, that change the actual zoning map designation of a 578 parcel or parcels of land shall be enacted pursuant to 579 subsection (2) . Ordinances or resolutions that change the actual 580 list of permitted, conditional, or prohibited uses within a 581 zoning category, or ordinances or resolutions initiated by the 582 county that change the actual zoning map designation of a parcel 583 or parcels of land shall be enacted pursuant to the following 584 procedure : 585 (b) In cases in which the proposed ordinance or resolution 586 changes the actual list of permitted, conditional, or prohibited 587 uses within a zoning category, or changes the actual zoning map 588 designation of a parcel or parcels of land involving 10 589 contiguous acres or more, the board of county commissioners 590 shall provide for -public notice and hearings as follows : 591 1 . The board of county commissioners shall hold two 592 advertised public hearings on the proposed ordinance or 593 resolution. At least one hearing shall be held after 5 p.m. on a 594 weekday, unless the board of county commissioners, by a majority 595 plus one vote, elects to conduct that hearing at another time of 596 day. The first public hearing shall be held at least 7 days 597 after the day that the first advertisement is published. The 598 second hearing shall be held at least 10 days after the first 599 hearing and shall be advertised at least 5 days prior to the 600 public hearing. Page 24 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE O F REPRESENTATIVES H B 7 2020 601 2 . If published in a newspaper, the required 602 advertisements shall be no less than 2 columns wide by 10 inches 603 long in a standard size or a tabloid size newspaper, and the 604 headline in the advertisement shall be in a type no smaller than 605 18 point . The advertisement shall not be placed in that portion 606 of the newspaper where legal notices and classified 607 advertisements appear. The advertisement shall be placed in a 608 newspaper of gcncral paid circulation in the county and of 609 general interest and readership in the community pursuant to 610 chapter 50, not one of limited subject matter. It is the 611 legislative intent that, whenever possible, the advertisement 612 shall appear in a newspaper that is published at least weekly 613 days a wcck unless the only newspaper in the community is 614 published less than weekly 5 days a wcck. The advertisement 615 shall be in substantially the following form: 616 NOTICE OF (TYPE OF) CHANGE 617 The . . . (name of local governmental unit) . . . proposes to 618 adopt the following by ordinance or resolution: . . . (title of 619 ordinance or resolution) . . . . 620 A public hearing on the ordinance or resolution will be 621 held on . . . (date and time) . . . at . . . (meeting place) . . . . 622 Except for amendments which change the actual list of permitted, 623 conditional, or prohibited uses within a zoning category, the 624 advertisement shall contain a geographic location map which 625 clearly indicates the area within the local government covered Page 25 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 626 by the proposed ordinance or resolution. The map shall include 627 major street names as a means of identification of the general 628 area . In addition to being published on a publicly accessible 629 website or in the newspaper, the map must be part of the online 630 notice required pursuant to s . 50 . 0211 or s . 50 . 0311 . 631 3 . In lieu of publishing the advertisements set out in 632 this paragraph, the board of county commissioners may mail a 633 notice to each person owning real property within the area 634 covered by the ordinance or resolution. Such notice shall 635 clearly explain the proposed ordinance or resolution and shall 636 notify the person of the time, place, and location of both 637 public hearings on the proposed ordinance or resolution. 638 Section 15 . Paragraph (a) of subsection (2 ) of section 639 162 . 12, Florida Statutes, is amended to read: 640 162 . 12 Notices .- 641 (2) In addition to providing notice as set forth in 642 subsection ( 1) , at the option of the code enforcement board or 643 the local government, notice may be served by publication or 644 posting, as follows : 645 (a) 1 . Such notice shall be published for 4 consecutive 646 weeks on a publicly accessible website as provided in chapter 50 647 or once during each week for 4 consecutive weeks (four 648 publications being sufficient) in a newspaper of general 649 circulation in the county where the code enforcement board is 650 located. The newspaper shall meet such requirements as are Page 26 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 651 prescribed under chapter 50 for legal and official 652 advertisements . 653 2 . Proof of publication shall be made as provided in ss . 654 50 . 041 and 50 . 051 . 655 Section 16 . Paragraph (c) of subsection (3) of section 656 166 . 041, Florida Statutes, is amended to read: 657 166 . 041 Procedures for adoption of ordinances and 658 resolutions .- 659 (3) 660 (c) Ordinances initiated by other than the municipality 661 that change the actual zoning map designation of a parcel or 662 parcels of land shall be enacted pursuant to paragraph (a) . 663 Ordinances that change the actual list of permitted, 664 conditional, or prohibited uses within a zoning category, or 665 ordinances initiated by the municipality that change the actual 666 zoning map designation of a parcel or parcels of land shall be 667 enacted pursuant to the following procedure : 668 1 . In cases in which the proposed ordinance changes the 669 actual zoning map designation for a parcel or parcels of land 670 involving less than 10 contiguous acres, the governing body 671 shall direct the clerk of the governing body to notify by mail 672 each real property owner whose land the municipality will 673 redesignate by enactment of the ordinance and whose address is 674 known by reference to the latest ad valorem tax records . The 675 notice shall state the substance of the proposed ordinance as it Page 27 of 53 CODING: Words stricken-are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 676 affects that property owner and shall set a time and place for 677 one or more public hearings on such ordinance . Such notice shall 678 be given at least 30 days prior to the date set for the public 679 hearing, and a copy of the notice shall be kept available for 680 public inspection during the regular business hours of the 681 office of the clerk of the governing body. The governing body 682 shall hold a public hearing on the proposed ordinance and may, 683 upon the conclusion of the hearing, immediately adopt the 684 ordinance . 685 2 . In cases in which the proposed ordinance changes the 686 actual list of permitted, conditional, or prohibited uses within 687 a zoning category, or changes the actual zoning map designation 688 of a parcel or parcels of land involving 10 contiguous acres or 689 more, the governing body shall provide for public notice and 690 hearings as follows : 691 a. The local governing body shall hold two advertised 692 public hearings on the proposed ordinance. At least one hearing 693 shall be held after 5 p.m. on a weekday, unless the local 694 governing body, by a majority plus one vote, elects to conduct 695 that hearing at another time of day. The first public hearing 696 shall be held at least 7 days after the day that the first 697 advertisement is published. The second hearing shall be held at 698 least 10 days after the first hearing and shall be advertised at 699 least 5 days prior to the public hearing. 700 b. If published in a newspaper, the required Page 28 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 701 advertisements shall be no less than 2 columns wide by 10 inches 702 long in a standard size or a tabloid size newspaper, and the 703 headline in the advertisement shall be in a type no smaller than 704 18 point . The advertisement shall not be placed in that portion 705 of the newspaper where legal notices and classified 706 advertisements appear. The advertisement shall be placed in a 707 newspaper of gcncral paid circulation in the municipality and of 708 general interest and readership in the municipality, not one of 709 limited subject matter, pursuant to chapter 50 . It is the 710 legislative intent that, whenever possible, the advertisement 711 appear in a newspaper that is published at least weekly 5 days a 712 wock unless the only newspaper in the municipality is published 713 less than weekly 5 days a wcck. The advertisement shall be in 714 substantially the following form: 715 NOTICE OF (TYPE OF) CHANGE 716 The . . . (name of local governmental unit) . . . proposes to 717 adopt the following ordinance: . . . (title of the ordinance) . . . . 718 A public hearing on the ordinance will be held on . . . (date 719 and time) . . . at . . . (meeting place) . . . . 720 Except for amendments which change the actual list of permitted, 721 conditional, or prohibited uses within a zoning category, the 722 advertisement shall contain a geographic location map which 723 clearly indicates the area covered by the proposed ordinance . 724 The map shall include major street names as a means of 725 identification of the general area. If In addition to bcing Page 29 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 726 published in the newspaper, the map must also be part of the 727 online notice required pursuant to s . 50 . 0211 or s . 50 . 0311 . 728 c. In lieu of publishing the advertisement set out in this 729 paragraph, the municipality may mail a notice to each person 730 owning real property within the area covered by the ordinance. 731 Such notice shall clearly explain the proposed ordinance and 732 shall notify the person of the time, place, and location of any 733 public hearing on the proposed ordinance. 734 Section 17 . Subsection (1) of section 189. 015, Florida 735 Statutes, is amended to read: 736 189 . 015 Meetings; notice; required reports .- 737 (1) The governing body of each special district shall file 738 quarterly, semiannually, or annually a schedule of its regular 739 meetings with the local governing authority or authorities . The 740 schedule shall include the date, time, and location of each 741 scheduled meeting. The schedule shall be published quarterly, 742 semiannually, or annually in a newspaper of general paid 743 circulation in the manner required in this subsection. The 744 governing body of an independent special district shall 745 advertise the day, time, place, and purpose of any meeting other 746 than a regular meeting or any recessed and reconvened meeting of 747 the governing body, at least 7 days before such meeting as 748 provided in chapter 50, in a newspaper of gcncral paid 749 circulation in thc county or counties in which thc special 750 district is located, unless a bona fide emergency situation Page 30 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 751 exists, in which case a meeting to deal with the emergency may 752 be held as necessary, with reasonable notice, so long as it is 753 subsequently ratified by the governing body. No approval of the 754 annual budget shall be granted at an emergency meeting. The 755 notice shall be posted as provided in advertisement shall be 756 placed in that portion of thc newspaper where legal notices and 757 classified advertisements appear. The advertisement shall appear 758 in a newspaper that is published at least 5 days a wcck, unless 759 the only ncwspaper in thc county is published fewer than 5 days 760 a week. The ncwspaper selected must be onc of general interest 761 and readership in thc community and not onc of limited subject 762 matter, pursuant to chapter 50 . Any other provision of law to 763 the contrary notwithstanding, and except in the case of 764 emergency meetings, water management districts may provide 765 reasonable notice of public meetings held to evaluate responses 766 to solicitations issued by the water management district, by 767 publication as provided in chapter 50 on a publicly accessible 768 website or in a newspaper of general paid circulation in the 769 county where the principal office of the water management 770 district is located, or in the county or counties where the 771 public work will be performed, no less than 7 days before such 772 meeting. 773 Section 18 . Paragraph (d) of subsection (1) of section 774 190 . 005, Florida Statutes, is amended to read: 775 190 . 005 Establishment of district .— Page 31 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES H B 7 2020 776 (1) The exclusive and uniform method for the establishment 777 of a community development district with a size of 2, 500 acres 778 or more shall be pursuant to a rule, adopted under chapter 120 779 by the Florida Land and Water Adjudicatory Commission, granting 780 a petition for the establishment of a community development 781 district . 782 (d) A local public hearing on the petition shall be 783 conducted by a hearing officer in conformance with the 784 applicable requirements and procedures of the Administrative 785 Procedure Act . The hearing shall include oral and written 786 comments on the petition pertinent to the factors specified in 787 paragraph (e) . The hearing shall be held at an accessible 788 location in the county in which the community development 789 district is to be located. The petitioner shall cause a notice 790 of the hearing to be published for 4 successive weeks on a 791 publicly accessible website or in a newspaper at least once a 792 week for the 4 successive weeks immediately prior to the hearing 793 as provided in chapter 50 . Such notice shall give the time and 794 place for the hearing, a description of the area to be included 795 in the district, which description shall include a map showing 796 clearly the area to be covered by the district, and any other 797 relevant information which the establishing governing bodies may 798 require. If published in a newspaper, the advertisement shall 799 not be placed in that portion of the newspaper where legal 800 notices and classified advertisements appear. The advertisement Page 32 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE O F REPRESENTATIVES H B 7 2020 801 shall be published in a newspaper of gcncral paid circulation in 802 the county and of general interest and readership in the 803 community, not one of limited subject matter, pursuant to 804 chapter 50 . Whenever possible, the advertisement shall appear in 805 a newspaper that is published at least weekly 5 days a wcck, 806 unless the only newspaper in the community is published less 807 than weekly fcwcr than 5 days a wcck. If In addition to bcing 808 published in the newspaper, the map referenced above must also 809 be part of the online advertisement required pursuant to s . 810 50 . 0211 or s . 50 . 0311 . All affected units of general-purpose 811 local government and the general public shall be given an 812 opportunity to appear at the hearing and present oral or written 813 comments on the petition. 814 Section 19 . Paragraph (h) of subsection (1) of section 815 190 . 046, Florida Statutes, is amended to read: 816 190 . 046 Termination, contraction, or expansion of 817 district .- 818 (1) A landowner or the board may petition to contract or 819 expand the boundaries of a community development district in the 820 following manner: 821 (h) For a petition to establish a new community 822 development district of less than 2, 500 acres on land located 823 solely in one county or one municipality, sufficiently 824 contiguous lands located within the county or municipality which 825 the petitioner anticipates adding to the boundaries of the Page 33 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES H B 7 2020 826 district within 10 years after the effective date of the 827 ordinance establishing the district may also be identified. If 828 such sufficiently contiguous land is identified, the petition 829 must include a legal description of each additional parcel 830 within the sufficiently contiguous land, the current owner of 831 the parcel, the acreage of the parcel, and the current land use 832 designation of the parcel . At least 14 days before the hearing 833 required under s . 190 . 005 (2 ) (b) , the petitioner must give the 834 current owner of each such parcel notice of filing the petition 835 to establish the district, the date and time of the public 836 hearing on the petition, and the name and address of the 837 petitioner. A parcel may not be included in the district without 838 the written consent of the owner of the parcel . 839 1 . After establishment of the district, a person may 840 petition the county or municipality to amend the boundaries of 841 the district to include a previously identified parcel that was 842 a proposed addition to the district before its establishment . A 843 filing fee may not be charged for this petition. Each such 844 petition must include : 845 a. A legal description by metes and bounds of the parcel 846 to be added; 847 b. A new legal description by metes and bounds of the 848 district; 849 c. Written consent of all owners of the parcel to be 850 added; Page 34 of 53 CODING: Words stricken are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 851 d. A map of the district including the parcel to be added; 852 e . A description of the development proposed on the 853 additional parcel; and 854 f. A copy of the original petition identifying the parcel 855 to be added. 856 2 . Before filing with the county or municipality, the 857 person must provide the petition to the district and to the 858 owner of the proposed additional parcel, if the owner is not the 859 petitioner. 860 3 . Once the petition is determined sufficient and 861 complete, the county or municipality must process the addition 862 of the parcel to the district as an amendment to the ordinance 863 that establishes the district . The county or municipality may 864 process all petitions to amend the ordinance for parcels 865 identified in the original petition, even if, by adding such 866 parcels, the district exceeds 2, 500 acres . 867 4 . The petitioner shall cause to be published in a 868 newspaper of general circulation in the proposed district a 869 notice of the intent to amend the ordinance that establishes the 870 district . The notice must be in addition to any notice required 871 for adoption of the ordinance amendment . Such notice must be 872 published as provided in chapter 50 at least 10 days before the 873 scheduled hearing on the ordinance amendment and may be 874 published in thc section of thc newspaper reserved for legal 875 notice_, . The notice must include a general description of the Page 35 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 876 land to be added to the district and the date and time of the 877 scheduled hearing to amend the ordinance. The petitioner shall 878 deliver, including by mail or hand delivery, the notice of the 879 hearing on the ordinance amendment to the owner of the parcel 880 and to the district at least 14 days before the scheduled 881 hearing. 882 5 . The amendment of a district by the addition of a parcel 883 pursuant to this paragraph does not alter the transition from 884 landowner voting to qualified elector voting pursuant to s . 885 190 . 006, even if the total size of the district after the 886 addition of the parcel exceeds 5, 000 acres . Upon adoption of the 887 ordinance expanding the district, the petitioner must cause to 888 be recorded a notice of boundary amendment which reflects the 889 new boundaries of the district . 890 6. This paragraph is intended to facilitate the orderly 891 addition of lands to a district under certain circumstances and 892 does not preclude the addition of lands to any district using 893 the procedures in the other provisions of this section. 894 Section 20 . Subsection ( 1) of section 194 . 037, Florida 895 Statutes, is amended to read: 896 194 . 037 Disclosure of tax impact .- 897 (1) After hearing all petitions, complaints, appeals, and 898 disputes, the clerk shall make public notice of the findings and 899 results of the board as provided in chapter 50 . If published in 900 a newspaper, the notice must be in at least a quarter-page size Page 36 of 53 CODING: Words stricken are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 901 advertisement of a standard size or tabloid size newspaper, and 902 the headline shall be in a type no smaller than 18 point . The 903 advertisement shall not be placed in that portion of the 904 newspaper where legal notices and classified advertisements 905 appear. The advertisement shall be published in a newspaper of 906 gcncral paid circulation in the county. The newspaper selected 907 shall be one of general interest and readership in the 908 community, and not one of limited subject matter, pursuant to 909 chapter 50 . For all advertisements published pursuant to this 910 section, the headline shall read: TAX IMPACT OF VALUE ADJUSTMENT 911 BOARD. The public notice shall list the members of the value 912 adjustment board and the taxing authorities to which they are 913 elected. The form shall show, in columnar form, for each of the 914 property classes listed under subsection (2 ) , the following 915 information, with appropriate column totals : 916 (a) In the first column, the number of parcels for which 917 the board granted exemptions that had been denied or that had 918 not been acted upon by the property appraiser. 919 (b) In the second column, the number of parcels for which 920 petitions were filed concerning a property tax exemption. 921 (c) In the third column, the number of parcels for which 922 the board considered the petition and reduced the assessment 923 from that made by the property appraiser on the initial 924 assessment roll . 925 (d) In the fourth column, the number of parcels for which Page 37 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 926 petitions were filed but not considered by the board because 927 such petitions were withdrawn or settled prior to the board' s 928 consideration. 929 (e) In the fifth column, the number of parcels for which 930 petitions were filed requesting a change in assessed value, 931 including requested changes in assessment classification. 932 (f) In the sixth column, the net change in taxable value 933 from the assessor ' s initial roll which results from board 934 decisions . 935 (g) In the seventh column, the net shift in taxes to 936 parcels not granted relief by the board. The shift shall be 937 computed as the amount shown in column 6 multiplied by the 938 applicable millage rates adopted by the taxing authorities in 939 hearings held pursuant to s . 200 . 065 (2) (d) or adopted by vote of 940 the electors pursuant to s . 9 (b) or s . 12, Art . VII of the State 941 Constitution, but without adjustment as authorized pursuant to 942 s . 200 . 065 (6) . If for any taxing authority the hearing has not 943 been completed at the time the notice required herein is 944 prepared, the millage rate used shall be that adopted in the 945 hearing held pursuant to s . 200 . 065 (2) (c) . 946 Section 21 . Subsection (1) of section 197 . 402, Florida 947 Statutes, is amended to read: 948 197 . 402 Advertisement of real or personal property with 949 delinquent taxes .- 950 (1) If advertisements are required, the board of county Page 38 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 951 commissioners shall make such notice select the newspaper as 952 provided in chapter 50 . The tax collector shall pay all 953 newspaper charges, and the proportionate cost of the 954 advertisements shall be added to the delinquent taxes collected. 955 Section 22 . Paragraph (h) of subsection (3) of section 956 200 . 065, Florida Statutes, is amended to read: 957 200 . 065 Method of fixing millage .- 958 (3) The advertisement shall be published as provided in 959 chapter 50 . If the advertisement is published by newspaper, the 960 advertisement must be no less than one-quarter page in size of a 961 standard size or a tabloid size newspaper, and the headline in 962 the advertisement shall be in a type no smaller than 18 point . 963 The advertisement shall not be placed in that portion of the 964 newspaper where legal notices and classified advertisements 965 appear. The advertisement shall be published in a newspaper of 966 general paid circulation in the county or in a geographically 967 limited insert of such newspaper. The geographic boundaries in 968 which such insert is circulated shall include the geographic 969 boundaries of the taxing authority. It is the legislative intent 970 that, whenever possible, the advertisement appear in a newspaper 971 that is published at least weekly 5 days a week unless the only 972 newspaper in the county is published less than weekly 5 days a 973 week, or that the advertisement appear in a geographically 974 limited insert of such newspaper which insert is published 975 throughout the taxing authority' s jurisdiction at least twice Page 39 of 53 CODING: Words stricken are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 976 each week. It is further the legislative intent that the 977 newspaper selected be one of general interest and readership in 978 the community and not one of limited subject matter, pursuant to 979 chapter 50 . 980 (h) In no event shall any taxing authority add to or 981 delete from the language of the advertisements as specified 982 herein unless expressly authorized by law, except that, if an 983 increase in ad valorem tax rates will affect only a portion of 984 the jurisdiction of a taxing authority, advertisements may 985 include a map or geographical description of the area to be 986 affected and the proposed use of the tax revenues under 987 consideration. In addition, if published in the newspaper, the 988 map must be part of the online advertisement required by s . 989 50 . 0211 or s . 50 . 0311 . The advertisements required herein shall 990 not be accompanied, preceded, or followed by other advertising 991 or notices which conflict with or modify the substantive content 992 prescribed herein. 993 Section 23 . Paragraph (c) of subsection (1) of section 994 338 . 223, Florida Statutes, is amended to read: 995 338 . 223 Proposed turnpike projects .- 996 ( 1) 997 (c) Prior to requesting legislative approval of a proposed 998 turnpike project, the environmental feasibility of the proposed 999 project shall be reviewed by the Department of Environmental 1000 Protection. The department shall submit its Project Development Page 40 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 1001 and Environmental Report to the Department of Environmental 1002 Protection, along with a draft copy of a public notice. Within 1003 14 days of receipt of the draft public notice, the Department of 1004 Environmental Protection shall return the draft public notice to 1005 the Department of Transportation with an approval of the 1006 language or modifications to the language . Upon receipt of the 1007 approved or modified draft, or if no comments are provided 1008 within 14 days, the Department of Transportation shall publish 1009 the notice as provided in chapter 50 in a ncwspaper to provide a 1010 30-day public comment period. If published in a newspaper, the 1011 headline of the required notice shall be in a type no smaller 1012 than 18 point, . Thc noticc shall be placed in that portion of 1013 the newspaper where legal notices appear, and . Thc noticc shall 1014 be published in a newspaper of general circulation in the county 1015 or counties of general interest and readership in the community 1016 as provided in s . 50 . 031, not one of limited subject matter. 1017 Whenever possible, the notice shall appear in a newspaper that 1018 is published at least weekly 5 days a wcck. All ire notices 1019 noticc published pursuant to this section shall include, at a 1020 minimum but is not limitcd to, the following information: 1021 1 . The purpose of the notice is to provide for a 30-day 1022 period for written public comments on the environmental impacts 1023 of a proposed turnpike project . 1024 2 . The name and description of the project, along with a 1025 geographic location map clearly indicating the area where the Page 41 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE O F REPRESENTATIVES HB7 2020 1026 proposed project will be located. 1027 3 . The address where such comments must be sent and the 1028 date such comments are due . 1029 1030 After a review of the department ' s report and any public 1031 comments, the Department of Environmental Protection shall 1032 submit a statement of environmental feasibility to the 1033 department within 30 days after the date on which public 1034 comments are due. The notice and the statement of environmental 1035 feasibility shall not give rise to any rights to a hearing or 1036 other rights or remedies provided pursuant to chapter 120 or 1037 chapter 403, and shall not bind the Department of Environmental 1038 Protection in any subsequent environmental permit review. 1039 Section 24 . Subsection (3) of section 348 . 0308 , Florida 1040 Statutes, is amended to read: 1041 348 . 0308 Public-private partnership.—The Legislature 1042 declares that there is a public need for the rapid construction 1043 of safe and efficient transportation facilities for traveling 1044 within the state and that it is in the public ' s interest to 1045 provide for public-private partnership agreements to effectuate 1046 the construction of additional safe, convenient, and economical 1047 transportation facilities . 1048 (3) The agency may request proposals for public-private 1049 transportation projects or, if it receives an unsolicited 1050 proposal, it must publish a notice in the Florida Administrative Page 42 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES H B 7 2020 1051 Register and as provided in chapter 50 a newspaper of general 1052 circulation in the county in which it is located at least once a 1053 week for 2 weeks stating that it has received the proposal and 1054 will accept, for 60 days after the initial date of publication, 1055 other proposals for the same project purpose . A copy of the 1056 notice must be mailed to each local government in the affected 1057 areas . After the public notification period has expired, the 1058 agency shall rank the proposals in order of preference. In 1059 ranking the proposals, the agency shall consider professional 1060 qualifications, general business terms, innovative engineering 1061 or cost-reduction terms, finance plans, and the need for state 1062 funds to deliver the proposal . If the agency is not satisfied 1063 with the results of the negotiations, it may, at its sole 1064 discretion, terminate negotiations with the proposer. If these 1065 negotiations are unsuccessful, the agency may go to the second 1066 and lower-ranked firms, in order, using the same procedure . If 1067 only one proposal is received, the agency may negotiate in good 1068 faith, and if it is not satisfied with the results, it may, at 1069 its sole discretion, terminate negotiations with the proposer. 1070 The agency may, at its discretion, reject all proposals at any 1071 point in the process up to completion of a contract with the 1072 proposer. 1073 Section 25 . Subsection (3) of section 348 . 635, Florida 1074 Statutes, is amended to read: 1075 348 . 635 Public-private partnership.—The Legislature Page 43 of 53 CODING: Words stricken are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 1076 declares that there is a public need for the rapid construction 1077 of safe and efficient transportation facilities for traveling 1078 within the state and that it is in the public ' s interest to 1079 provide for public-private partnership agreements to effectuate 1080 the construction of additional safe, convenient, and economical 1081 transportation facilities . 1082 (3) The authority may request proposals for public-private 1083 transportation projects or, if it receives an unsolicited 1084 proposal, it must publish a notice in the Florida Administrative 1085 Register as provided in chapter 50 and a ncwspaper of gcncral 1086 circulation in the county in which it is locatcd at lcast oncc a 1087 wcck for 2 weeks stating that it has received the proposal and 1088 will accept, for 60 days after the initial date of publication, 1089 other proposals for the same project purpose . A copy of the 1090 notice must be mailed to each local government in the affected 1091 areas . After the public notification period has expired, the 1092 authority shall rank the proposals in order of preference . In 1093 ranking the proposals, the authority shall consider professional 1094 qualifications, general business terms, innovative engineering 1095 or cost-reduction terms, finance plans, and the need for state 1096 funds to deliver the proposal . If the authority is not satisfied 1097 with the results of the negotiations, it may, at its sole 1098 discretion, terminate negotiations with the proposer. If these 1099 negotiations are unsuccessful, the authority may go to the 1100 second and lower-ranked firms, in order, using the same Page 44 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 1101 procedure . If only one proposal is received, the authority may 1102 negotiate in good faith, and if it is not satisfied with the 1103 results, it may, at its sole discretion, terminate negotiations 1104 with the proposer. The authority may, at its discretion, reject 1105 all proposals at any point in the process up to completion of a 1106 contract with the proposer. 1107 Section 26 . Subsection (3) of section 348 . 7605, Florida 1108 Statutes, is amended to read: 1109 348 . 7605 Public-private partnership.—The Legislature 1110 declares that there is a public need for the rapid construction 1111 of safe and efficient transportation facilities for traveling 1112 within the state and that it is in the public ' s interest to 1113 provide for public-private partnership agreements to effectuate 1114 the construction of additional safe, convenient, and economical 1115 transportation facilities . 1116 (3) The authority may request proposals for public-private 1117 transportation projects or, if it receives an unsolicited 1118 proposal, it must publish a notice in the Florida Administrative 1119 Register and as provided in chapter 50 a newspaper of general 1120 circulation in the county in which it is located at 1 ast oncc a 1121 wcck for 2 weeks stating that it has received the proposal and 1122 will accept, for 60 days after the initial date of publication, 1123 other proposals for the same project purpose . A copy of the 1124 notice must be mailed to each local government in the affected 1125 areas . After the public notification period has expired, the Page 45 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES H B 7 2020 1126 authority shall rank the proposals in order of preference . In 1127 ranking the proposals, the authority shall consider professional 1128 qualifications, general business terms, innovative engineering 1129 or cost-reduction terms, finance plans, and the need for state 1130 funds to deliver the proposal . If the authority is not satisfied 1131 with the results of the negotiations, it may, at its sole 1132 discretion, terminate negotiations with the proposer. If these 1133 negotiations are unsuccessful, the authority may go to the 1134 second and lower-ranked firms, in order, using the same 1135 procedure. If only one proposal is received, the authority may 1136 negotiate in good faith, and if it is not satisfied with the 1137 results, it may, at its sole discretion, terminate negotiations 1138 with the proposer. The authority may, at its discretion, reject 1139 all proposals at any point in the process up to completion of a 1140 contract with the proposer. 1141 Section 27 . Section 373 . 0397, Florida Statutes, is amended 1142 to read: 1143 373 . 0397 Floridan and Biscayne aquifers; designation of 1144 prime groundwater recharge areas .—Upon preparation of an 1145 inventory of prime groundwater recharge areas for the Floridan 1146 or Biscayne aquifers, but prior to adoption by the governing 1147 board, the water management district shall publish a legal 1148 notice of public hearing on the designated areas for the 1149 Floridan and Biscayne aquifers, with a map delineating the 1150 boundaries of the areas, as provided in ncwspapers dcfincd in Page 46 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 1151 chapter 50 in each county as having gcncral circulation within 1152 the area to be affected. The notice shall be at least one-fourth 1153 page and shall read as follows : 1154 NOTICE OF PRIME RECHARGE 1155 AREA DESIGNATION 1156 The . . . (name of taxing authority) . . . proposes to designate 1157 specific land areas as areas of prime recharge to the . . . (name 1158 of aquifer) . . . Aquifer . 1159 All concerned citizens are invited to attend a public 1160 hearing on the proposed designation to be held on . . . (date and 1161 time) . . . at . . . (meeting place) . . . . 1162 A map of the affected areas follows . 1163 The governing board of the water management district shall adopt 1164 a designation of prime groundwater recharge areas to the 1165 Floridan and Biscayne aquifers by rule within 120 days after the 1166 public hearing, subject to the provisions of chapter 120 . 1167 Section 28 . Section 373 . 146, Florida Statutes, is amended 1168 to read: 1169 373 . 146 Publication of notices, process, and papers .- 1170 (1) Whenever in this chapter the publication of any 1171 notice, process, or paper is required or provided for, unless 1172 otherwise provided by law, the publication thereof in some 1173 newspaper or newspapers as provided dcfincd in chapter 50 in 1174 each county having gcncral circulation within the area to be 1175 affected shall be taken and considered as being sufficient . Page 47 of 53 CODING: Words stricken are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE O F REPRESENTATIVES HB 7 2020 1176 (2 ) Notwithstanding any other provision of law to the 1177 contrary, and except in the case of emergency meetings, water 1178 management districts may provide reasonable notice of public 1179 meetings held to evaluate responses to solicitations issued by 1180 the water management district, by publication as provided in 1181 chapter 50 in a ncwspaper of gcncral paid circulation in the 1182 county where the principal office of the water management 1183 district is located, or in the county or counties where the 1184 public work will be performed, no less than 7 days before such 1185 meeting. 1186 Section 29 . Subsection (12 ) of section 403 . 722, Florida 1187 Statutes, is amended to read: 1188 403 . 722 Permits; hazardous waste disposal, storage, and 1189 treatment facilities .- 1190 (12 ) On the same day of filing with the department of an 1191 application for a permit for the construction modification, or 1192 operation of a hazardous waste facility, the applicant shall 1193 notify each city and county within 1 mile of the facility of the 1194 filing of the application and shall publish notice of the filing 1195 of the application. The applicant shall publish a second notice 1196 of the filing within 14 days after the date of filing. Each 1197 notice shall be published in a ncwspaper of gcncral circulation 1198 in the county in which the facility is located or is proposed to 1199 be located as provided in chapter 50 . Notwithstanding the 1200 provisions of chapter 50, for purposcs of this scction, a Page 48 of 53 CODING: Words ctrickca are deletions; words underlined are additions. h b0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 1201 "newspaper of general circulation" shall be thc ncwspaper within 1202c ceunty in which thc installation or facility is proposed 1203 which has thc largcst daily circulation in that county and has 1204 its principal officc in that county. If thc ncwspaper with the 1205 largcst daily circulation has its principal officc outside thc 1206 county, thc notice shall appear in both thc newspaper with thc 1207 . o- o_ ' . _ a-tio-h ie that co rty, -arid a ncwspaper 1208 authorized to publish legal notices in that county. The notice 1209 shall contain: 1210 (a) The name of the applicant and a brief description of 1211 the project and its location. 1212 (b) The location of the application file and when it is 1213 available for public inspection. 1214 1215 The notice shall be prepared by the applicant and shall comply 1216 with the following format : 1217 Notice of Application 1218 The Department of Environmental Protection announces receipt of 1219 an application for a permit from . . . (name of applicant) . . . to 1220 . . . (brief description of project) . . . . This proposed project will 1221 be located at . . . (location) . . . in . . . (county) . . . . . . (city) . . . . 1222 This application is being processed and is available for public 1223 inspection during normal business hours, 8 : 00 a.m. to 5 : 00 p.m. , 1224 Monday through Friday, except legal holidays, at . . . (name and 1225 address of office) . . . . Page 49 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 1226 Section 30 . Paragraph (b) of subsection (3) of section 1227 712 . 06, Florida Statutes, is amended to read: 1228 712 . 06 Contents of notice; recording and indexing.- 1229 (3) The person providing the notice referred to in s . 1230 712 . 05, other than a notice for preservation of a community 1231 covenant or restriction, shall : 1232 (b) Publish the notice referred to in s . 712 . 05 for 2 1233 consecutive weeks on a publicly accessible website as provided 1234 in chapter 50 or once a week, for 2 consecutive weeks in a 1235 newspaper as defined in chapter 50, the noticc rcfcrrcd to in s . 1236 712 . 05, with the official record book and page number in which 1237 such notice was recorded, in a ncwapaper as dcfincd in chaptcr 1238 in the county in which the property is located. 1239 Section 31 . Subsection (5) of section 849. 38, Florida 1240 Statutes, is amended to read: 1241 849 . 38 Proceedings for forfeiture; notice of seizure and 1242 order to show cause .- 1243 (5) If the value of the property seized is shown by the 1244 sheriff ' s return to have an appraised value of $1, 000 or less, 1245 the above citation shall be served by posting at three public 1246 places in the county, one of which shall be the front door of 1247 the courthouse; if the value of the property is shown by the 1248 sheriff ' s return to have an approximate value of more than 1249 $1, 000, the citation shall be published for at least 2 1250 consecutive weeks on a publicly accessible website as provided Page 50 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE O F REPRESENTATIVES HB 7 2020 1251 in chapter 50 or at least once each week for 2 consecutive weeks 1252 in some newspaper of general publication published in the 1253 county, if there be such a newspaper published in the county and 1254 if not, then said notice of such publication shall be made by 1255 certificate of the clerk if publication is made by posting, and 1256 by affidavit as provided in chapter 50, if made by publication 1257 as provided in chapter 50 in a newspaper, which affidavit or 1258 certificate shall be filed and become a part of the record in 1259 the cause . Failure of the record to show proof of such 1260 publication shall not affect any judgment made in the cause 1261 unless it shall affirmatively appear that no such publication 1262 was made . 1263 Section 32 . Paragraph (a) of subsection (3) of section 1264 865 . 09, Florida Statutes, is amended to read: 1265 865 . 09 Fictitious name registration.- 1266 (3) REGISTRATION .- 1267 (a) A person may not engage in business under a fictitious 1268 name unless the person first registers the name with the 1269 division by filing a registration listing: 1270 1 . The name to be registered. 1271 2 . The mailing address of the business . 1272 3 . The name and address of each registrant . 1273 4 . If the registrant is a business entity that was 1274 required to file incorporation or similar documents with its 1275 state of organization when it was organized, such entity must be Page 51 of 53 CODING: Words 6tricken are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB7 2020 1276 registered with the division and in active status with the 1277 division; provide its Florida document registration number; and 1278 provide its federal employer identification number if the entity 1279 has such a number. 1280 5 . Certification by at least one registrant that the 1281 intention to register such fictitious name has been advertised 1282 as provided at least once in a newspaper as defined in chapter 1283 50 in the county in which the principal place of business of the 1284 registrant is or will be located. 1285 6. Any other information the division may reasonably deem 1286 necessary to adequately inform other governmental agencies and 1287 the public as to the registrant so conducting business . 1288 Section 33 . Paragraph (a) of subsection (6) of section 1289 932 . 704 , Florida Statutes, is amended to read: 1290 932 . 704 Forfeiture proceedings .- 1291 ( 6) (a) If the property is required by law to be titled or 1292 registered, or if the owner of the property is known in fact to 1293 the seizing agency, or if the seized property is subject to a 1294 perfected security interest in accordance with the Uniform 1295 Commercial Code, chapter 679, the attorney for the seizing 1296 agency shall serve the forfeiture complaint as an original 1297 service of process under the Florida Rules of Civil Procedure 1298 and other applicable law to each person having an ownership or 1299 security interest in the property. The seizing agency shall also 1300 publish, in accordance with chapter 50, notice of the forfeiture Page 52 of 53 CODING: Words ctrickcn are deletions; words underlined are additions. hb0007-00 FLORIDA HOUSE OF REPRESENTATIVES HB 7 2020 1301 complaint for 2 consecutive weeks on a publicly accessible 1302 website or once each week for 2 consecutive weeks in a newspaper 1303 of general circulation, as dcfincd in s . 165 . 031, in the county 1304 where the seizure occurred. 1305 Section 34 . This act shall take effect July 1, 2021 . Page 53 of 53 CODING: Words stricken are deletions; words underlined are additions. hb0007-00