Ordinance 2023-37 ORDINANCE NO. 2023 -37
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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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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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 25th day of July, 2023.
ATTEST: -Y . , ; . BOARD OF COUNTY COMMISSIONERS
CRYSTAL '°' ,, ; A ERK COLLIER COUNTY, FLORIDA
6-2/By: �-1. A. , By: _.
77, file Rick LoCastro, Chairman
0 Attest aA.to;Ctairrran's
14 lis atl rye only
Approved i s a -'is r'.nd gality:
_...gific I
Jeffrey A. �� atz gi%w, County Attorney
This ordinance flied with the
Secretary o! State's Off er
:_.day of �tjju-_`
and ocknt;wledgenilent g thot
filin received this 4° day
of z�t, c9D3-
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 26, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples,FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-37,which was filed in this office on July 26, 2023.
If you have any questions or need further assistance, please contact me at(850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270