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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. [23-CLK-00160/1802997/1] 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] 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- [23-CLK-00160/1802997/1] e14 C,KR€ S7�tt�, �i 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