Agenda 06/27/2023 Item #16K 3 (County Attorney to advertise and Ordinance allowing for publication of certain statutorily required legal advertisement, jpublications, and notices)16. K.3
06/27/2023
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back for a public hearing an
Ordinance allowing for publication of certain statutorily required legal advertisements, publications, and
notices on the Clerk of the Circuit Court's public notice website in lieu of newspaper publication.
OBJECTIVE: To publish statutorily required legal advertisements, publications and notices on the Clerk of the
Circuit Court's public notice website in lieu of newspaper publication.
CONSIDERATION: Effective January 1, 2023, Chapter 50, Florida Statutes, provides that a governmental
agency may publish certain statutorily required legal advertisements, publications, or notices on the publicly
accessible website of the County in which it lies, if doing so would cost less than publishing legal notices in a
newspaper. Currently, various County ordinances, resolutions, board policies, and administrative procedures
require official or legal advertisement, publication, or notice in a newspaper. The new law allows such notices to be
published on a publicly available website of the County in lieu of the newspaper. The Clerk of the Circuit Court has
actively been working to establish a public notice website where such notices will be published. At its January 10,
2023 meeting, the Board designated the Clerk's public notice website as the County's official website for
publication of legal advertisements and public notices pursuant to Chapter 50, Florida Statutes.
Under the statute, publication of legal advertisements and public notices on the publicly available website must cost
less than the cost of publication in a newspaper. The Clerk is formulating a rate schedule for internet publication,
which will reflect this requirement.
FISCAL IMPACT: Publication costs to the public and the County is expected to decrease.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. At first, this Office and the
Clerk will do dual advertising until we are both comfortable that the process is working as intended. Note that this
is a new form of optional advertising that local governments around the State are slowly migrating to. Private
parties (such as land use applicants) may still elect to publish on the Naples Daily News, and there are certain
notices that may be statutorily required to be advertised by newspaper publication. With that noted, it is the opinion
of the County Attorney that this is a good news item, is approved as to form and legality and requires majority vote
for approval. -JAK
RECOMMENDATION: That the Board direct the County Attorney to advertise and bring back for a public
hearing an Ordinance allowing for publication of certain statutorily required legal advertisements, publications, and
notices on the Clerk of the Circuit Court's public notice website in lieu of newspaper publication.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Proposed Ordinance - legal advertising (PDF)
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16. K.3
06/27/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 25763
Item Summary: Recommendation to direct the County Attorney to advertise and bring back for a public hearing
an Ordinance allowing for publication of certain statutorily required legal advertisements, publications, and notices
on the Clerk of the Circuit Court's public notice website in lieu of newspaper publication.
Meeting Date: 06/27/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
06/06/2023 3:29 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/06/2023 3:29 PM
Approved By:
Review:
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Wanda Rodriguez Level 3 OMB Gatekeeper Review Skipped 06/21/2023 2:14 PM
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2023 2:26 PM
Amy Patterson Level 4 County Manager Review Completed 06/21/2023 3:59 PM
Geoffrey Willig Meeting Pending
06/27/2023 9:00 AM
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16. K.3.a
1
ORDINANCE NO. 2023-
2 AN ORDINANCE OF THE BOARD OF COUNTY
3 COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
4 PROVIDING FOR PUBLICATION OF LEGAL
5 ADVERTISEMENTS AND PUBLIC NOTICES ON A
6 PUBLICLY ACCESSIBLE WESBITE IN LIEU OF A
7 NEWSPAPER WHEN NEWSPAPER PUBLICATION IS
8 REQUIRED BY COLLIER COUNTY ORDINANCE,
9 RESOLUTION, BOARD POLICY, OR
10 ADMINISTRATIVE PROCEDURE; PROVIDING FOR
11 CONFLICT AND SEVERABILITY; PROVIDING FOR
12 INCLUSION IN THE CODE OF LAWS AND
13 ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
14 DATE.
15 WHEREAS, Chapter 50, Florida Statutes, provides that effective January 1, 2023, a
16 governmental agency may publish certain statutorily required legal advertisements, publications,
17 or notices on the publicly accessible website of the county in which it lies, if doing so would cost
18 less than publishing legal notices in a newspaper; and
19 WHEREAS, the County intends to publish statutorily required advertisements,
20 publications, and notices on a publicly accessible website to the extent authorized by state law;
21 and
22 WHEREAS, various county ordinances, resolutions, board policies, and administrative
23 procedures require official or legal advertisement, publication, or notice in a newspaper; and
24 WHEREAS, the Board of County Commissioners (Board) desires to amend the Code of
25 Ordinances to allow advertisements, publications, or notices that are currently required to be
26 published in a newspaper by county ordinance, resolution, board policy, or administrative
27 procedure, to instead be published on a publicly accessible website as allowed by Florida law; and
28 WHEREAS, the Board has determined that the cost of publishing legal advertisements
29 and public notices on the publicly accessible website of the county is less than the cost of
30 publishing legal advertisements and public notices in a newspaper; and
31 WHEREAS, on January 10, 2023, the Board designated the Clerk of the Circuit Court's
32 public notice website as the County's official website for publication of legal advertisements and
33 public notices required under Florida Statute 50.011; and
34 WHEREAS, the Clerk of the Circuit Court shall formulate a rate schedule such that the
35 cost of publishing legal advertisements and public notices on the County's public notice website
36 is less than doing so in a newspaper.
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16. K.3.a
37 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
38 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
39 SECTION ONE: Title
40 This Ordinance shall be known and cited as the "Legal Advertisements and Public Notice"
41 Ordinance.
42 SECTION TWO: Purpose and Intent
43 To allow advertisements, publications, or notices that are currently required to be published
44 in a newspaper by county ordinance, resolution, board policy, or administrative procedure, to
45 instead be published on a publicly accessible website as allowed by Florida law.
46 SECTION THREE: Definitions
47 Publicly accessible website means the county's official website or other private website
48 designated by the county for the publication of legal notices and advertisements that is accessible
49 via the Internet.
50 SECTION FOUR: Publication of legal advertisements and public notices.
51 (a) Whenever by Collier County ordinance, resolution, board policy, or administrative
52 procedure, an official or legal advertisement, publication, or notice in a newspaper is directed or
53 required, such advertisement, publication, or notice may be published on a publicly accessible
54 website in lieu of, or in addition to, newspaper publication.
55
56 (b) A link to advertisements and public notices published on a publicly accessible website
57 as provided in this article shall be conspicuously placed on the homepage of the County's official
58 website.
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60 (c) All advertisements and public notices published on a publicly accessible website as
61 provided in this article must be in searchable form and indicate the date on which the advertisement
62 or public notice was first published on the website.
63
64 SECTION FIVE: Conflict and Severability
65 In the event this Ordinance conflicts with any other ordinance of Collier County or other
66 appliable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
67 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
68 separate, distinct and independent provision and such holding shall not affect the validity of the
69 remaining portion.
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16. K.3.a
72 SECTION SIX: Inclusion in the Code of Laws and Ordinances
73 The provisions of this Ordinance shall become and be made part of the Code of Laws and
74 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
75 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
76 or any other appropriate word.
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SECTION SEVEN: Effective Date
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of 2023.
ATTEST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Rick LoCastro, Chairman
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