Agenda 12/12/2023 Item #16K 7 (Annual publishing in the newspaper of a required notice that the County may publish certain statutorily legal advertisments and notices on the Clerk's website)12/12/2023
EXECUTIVE SUMMARY
Recommendation to authorize the annual publishing in the newspaper of a required notice that the County
may publish certain statutorily required legal advertisements and notices on the Clerk of the Circuit Court’s
public notice website.
OBJECTIVE: To authorize the annual publishing in the newspaper of a required notice that Collier County may
publish certain of its legal advertisements 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. At its January 10, 2023 meeting under agenda item 16J1, 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 July 25, 2023 under agenda item 17A, the Board adopted Ordinance No. 2023-37,
the Legal Advertisements and Public Notice Ordinance, which amends its Code of Ordinances to permi t required
advertisements, publications, or notices to be published on its public notice website instead of in a newspaper.
The Clerk of the Circuit Court has been developing the public notice website, and has reached the point at which
they are ready to begin posting the County’s legal notices. Pursuant to Section 50.0311(6) Fla. Stat., the county
must first publish a notice in the newspaper:
(6) A governmental agency that uses a publicly accessible website to publish legally required
advertisements and public notices shall provide notice at least once per year in a newspaper of
general circulation or another publication that is mailed or delivered to all residents and property
owners throughout the government’s jurisdiction, indicating that property owners and residents
may receive legally required advertisements and public notices from the governmental agency by
first-class mail or e-mail upon registering their name and address or e-mail address with the
governmental agency. The governmental agency shall maintain a registry of names, addresses, and
e-mail addresses of property owners and residents who have requested in writing that they receive
legally required advertisements and public notices from the governmental agency by first-class
mail or e-mail.
The notice should be published in a physical newspaper prior to commencing electronic publication, and annually
thereafter. The notice will advise residents and property owners that they may receive legally required
advertisements and public notices by first-class mail or e-mail, upon request and registration. The Clerk of the
Circuit Court will provide and maintain the required registry and mail service.
FISCAL IMPACT: The current estimated cost of the newspaper advertisement is $600.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires majority vote for approval. -JAK
RECOMMENDATION: That pursuant to Section 50.0311(6) Fla. Stat. the Board authorize the annual publishing
in the newspaper of a required notice that Collier County may publish certain of its legal advertisements and notices
on the Clerk of the Circuit Court’s public notice website.
Prepared by: Jeffrey A. Klatzkow, County Attorney
16.K.7
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12/12/2023
ATTACHMENT(S)
1. Ordinance 2023-37 Legal Advertisements & Public Notice (PDF)
16.K.7
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12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.7
Doc ID: 26213
Item Summary: Recommendation to authorize the annual publishing in the newspaper of a required notice that
the County may publish certain statutorily required legal advertisements and notices on the Clerk of the Circuit
Court’s public notice website.
Meeting Date: 12/12/2023
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
07/25/2023 3:13 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/25/2023 3:13 PM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/04/2023 10:19 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/04/2023 11:19 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 12/04/2023 11:26 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/04/2023 8:41 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.K.7
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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.
23-CLK-00160/1802997/1]
16.K.7.a
Packet Pg. 2985 Attachment: Ordinance 2023-37 Legal Advertisements & Public Notice (26213 : to authorize the publishing of a required annual notice for legal
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.
23-CLK-00160/1802997/1]
16.K.7.a
Packet Pg. 2986 Attachment: Ordinance 2023-37 Legal Advertisements & Public Notice (26213 : to authorize the publishing of a required annual notice for legal
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
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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
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23-CLK-00160/1802997/1]
16.K.7.a
Packet Pg. 2987 Attachment: Ordinance 2023-37 Legal Advertisements & Public Notice (26213 : to authorize the publishing of a required annual notice for legal
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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
16.K.7.a
Packet Pg. 2988 Attachment: Ordinance 2023-37 Legal Advertisements & Public Notice (26213 : to authorize the publishing of a required annual notice for legal