Agenda 07/25/2023 Item #17A (Ordinance - To Publish statutorily required legal advertisements on the Clerk Website in lieu of newspaper publication)17.A
07/25/2023
EXECUTIVE SUMMARY
Recommendation to adopt 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. On June 27, 2023
under agenda item 16K3, the Board directed the County Attorney to advertise and bring back for public hearing the
attached Ordinance.
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: The cost to advertise this proposed Ordinance in the newspaper was $546.00. Upon passage
and implementation of this Ordinance, legal advertising publication costs are 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 adopt the proposed 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. Ordinance - Legal Advertising - final (PDF)
2. legal ad - Agenda ID 26018 (PDF)
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17.A
07/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doe ID: 26018
Item Summary: Recommendation to adopt 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: 07/25/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
07/06/2023 10:02 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
07/06/2023 10:02 AM
Approved By:
Review:
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Christopher Johnson Additional Reviewer
Geoffrey Willig Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
07/06/2023 10:31 AM
Completed
07/13/2023 10:51 AM
Completed
07/13/2023 1:23 PM
Completed
07/17/2023 11:04 AM
07/25/2023 9:00 AM
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17.A.a
ORDINANCE NO. 2023 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PROVIDING FOR PUBLICATION OF LEGAL
ADVERTISEMENTS AND PUBLIC NOTICES ON A
PUBLICLY ACCESSIBLE WEBSITE IN LIEU OF A
NEWSPAPER WHEN NEWSPAPER PUBLICATION IS
REQUIRED BY STATUTE, COLLIER COUNTY
ORDINANCE, RESOLUTION, BOARD POLICY, OR
ADMINISTRATIVE PROCEDURE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 50, Florida Statutes, provides that effective January 1, 2023, 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; and
WHEREAS, the County intends to publish statutorily required advertisements,
publications, and notices on a publicly accessible website to the extent authorized by state law;
and
WHEREAS, various statutes, county ordinances, resolutions, board policies, and
administrative procedures require official or legal advertisement, publication, or notice in a
newspaper; and
WHEREAS, the Board of County Commissioners (Board) desires to amend the Code of
Ordinances to allow advertisements, publications, or notices that are currently required to be
published in a newspaper by statute, county ordinance, resolution, board policy, or administrative
procedure, to instead be published on a publicly accessible website as allowed by Florida law; and
WHEREAS, the Board has determined that the cost of publishing legal advertisements
and public notices on the publicly accessible website of the county is less than the cost of
publishing legal advertisements and public notices in a newspaper; and
WHEREAS, on January 10, 2023, the Board designated the Clerk of the Circuit Court's
public notice website as the County's official website for publication of legal advertisements and
public notices required under Florida Statute 50.011; and
WHEREAS, the Clerk of the Circuit Court shall formulate a rate schedule such that the
cost of publishing legal advertisements and public notices on the County's public notice website
is less than doing so in a newspaper.
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17.A. a
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title
This Ordinance shall be known and cited as the "Legal Advertisements and Public Notice"
Ordinance.
SECTION TWO: Purpose and Intent
To allow advertisements, publications, or notices that are currently required to be published
in a newspaper by statute, county ordinance, resolution, board policy, or administrative procedure,
to instead be published on a publicly accessible website as allowed by Florida law.
SECTION THREE: Definitions
Publicly accessible website means the county's official website or other private website
designated by the county for the publication of legal notices and advertisements that is accessible
via the Internet.
SECTION FOUR: Publication of legal advertisements and public notices.
(a) Whenever by Florida Statute or Collier County ordinance, resolution, board policy, or
administrative procedure, an official or legal advertisement, publication, or notice in a newspaper
is directed or required, such advertisement, publication, or notice may be published on a publicly
accessible website in lieu of, or in addition to, newspaper publication.
(b) A link to advertisements and public notices published on a publicly accessible website
as provided in this article shall be conspicuously placed on the homepage of the County's official
website.
(c) All advertisements and public notices published on a publicly accessible website as
provided in this article must be in searchable form and indicate the date on which the advertisement
or public notice was first published on the website.
SECTION FIVE: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier County or other
appliable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
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17.A. a
SECTION SIX: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
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 25t" day of July, 2023.
ATTEST:
CRYSTAL K. KINZEL, CLERK
I=
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Rick LoCastro, Chairman
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17.A. b
10D I THURSDAY, JULY 13, 2023 1 NAPLES DAILY NEWS
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners commencing at
9:00 a.m. on July 25, 2023 in the Board of County Commissioners
Meeting Room, Third Floor, Collier Government Center, 3299
Tamiami Trail East, Naples, FL, to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, -FLORIDA, PROVIDING FOR PUBLICATION
OF LEGAL ADVERTISEMENTS AND PUBLIC NOTICES ON A PUB-
LICLY ACCESSIBLE WEBSITE IN LIEU OF A NEWSPAPER WHEN
NEWSPAPER PUBLICATION IS REQUIRED BY STATUTE, COLLIER
COUNTY ORDINANCE, RESOLUTION, BOARD POLICY, OR ADMIN-
ISTRATIVE PROCEDURE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
All persons wishingg to speak on any agenda item must register
with the County fulanager prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 3 mi-
nutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized
by the Chairman, a spokesperson for a group or organization
may be allotted 10 minutes to speak on an item. Written mate-
rials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of 7 days prior to
the public hearing. All materials used in presentations before
the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involve-
ment, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceed-
ing; Individuals who would like to participate remotely should
register through the link provided within the specific
event/meeting entry on the Calendar of Events on the County
website at www.colliercountyfl.gov/our-county/visitors/calendar-
of-events after the agenda is posted on the County website.
Registration should be done in advance of the public meeting
or any deadline specified within the public meeting notice. Indi-
viduals who register will receive an email in advance of the pub-
lic hearing detailing how they can participate remotely in this
meeting. Remote participation is provided as a courtesy and is
at the user's risk. The County is not responsible for technical is-
sues. For additional information about the meeting, please call
Geoffrey Willig at 252-8369 or email to 6eoffrey.Willig0collierc
ountyfl.gov.
Any person who decides to appeal any decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
RICK LOCASTRO,
CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Jennifer Hansen, Deputy Clerk
(SEAL)
July 13, 2023 #5766589
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