Governmental Agency Publication of Advertisements and Public Notices

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A bill to be entitled 1
An act relating to governmental agency publication of 2
advertisements and public notices; amending s. 3
50.0311, F.S.; expanding the definition of the term 4
"governmental agency"; revising the definition of the 5
term "publicly accessible website"; requiring that 6
certain legal notices be continuously published for a 7
specified timeframe when the notices are for a 8
specified purpose and provided under a certain 9
circumstance; authorizing certain counties or 10
specified municipalities, school boards, clerks of the 11
circuit court, and tax collectors to use a publicly 12
accessible website to publish certain advertisements 13
and legal notices under specified conditions; revising 14
the definition of the term "special district"; 15
requiring that certain public bid advertisements on a 16
publicly accessible website be provided and accessible 17
to the general public without charge; reenacting ss. 18
11.02, 45.031(2), 50.011(2), 50.021, 50.0211(3), 19
50.031, 50.051, 50.061(4), 50.0711(1), (3) and (4), 20
69.081(9), 90.902(12), 120.81(1)(d), 121.055(1)(b) and 21
(h), 125.66(2)(a), 162.12(2)(a), 189.015(1), 22
190.005(1)(d), 197.402(1), 200.065(2)(f), 23
338.223(1)(c), 348.0308(3), 348.635(3), 348.7605(3), 24
373.0397, 373.146, 403.722(12), 849.38(5), 25

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932.704(6)(a), 1001.372(2)(c), and 1011.03(1), F.S., 26
relating to notice of special or local legislation or 27
certain relief acts, judicial sales procedure, 28
publication of legal notices, publication when no 29
newspaper in county, Internet website publication, 30
newspapers in which legal notices and process may be 31
published, proof of publication, form of uniform 32
affidavit, amounts chargeable, court docket fund, 33
service charges, publications, sunshine in litigation, 34
concealment of public hazards prohibited, self-35
authentication, exceptions and special requirements, 36
general areas, Senior Management Service Class, 37
ordinances, enactment procedure, emergency ordinances, 38
rezoning or change of land use ordinances or 39
resolutions, notices, meetings, notice, required 40
reports, establishment of district, advertisement of 41
real or personal property with delinquent taxes, 42
method of fixing millage, proposed turnpike projects, 43
public-private partnership, public-private 44
partnership, public-private partnership, Floridan and 45
Biscayne aquifers, designation of prime groundwater 46
recharge areas, publication of notices, process, and 47
papers, permits, hazardous waste disposal, storage, 48
and treatment facilities, proceedings for forfeiture, 49
notice of seizure and order to show cause, forfeiture 50

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proceedings, district school board meetings, public 51
hearings, budget to be submitted to Department of 52
Education, respectively; providing an effective date. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Section 50.0311, Florida Statutes, is amended 57
to read: 58
50.0311 Publication of advertisements and public notices 59
on a publicly accessible website and governmental access 60
channels.— 61
(1) For purposes of this chapter, the term "governmental 62
agency" means a county, municipality, school board, clerk of the 63
circuit court, tax collector, water management district 64
operating pursuant to chapter 373, or other unit of local 65
government or political subdivision in this state. 66
(2) For purposes of notices and advertisements required 67
under s. 50.011, the term "publicly accessible website" means a 68
county's official website or other private website designated by 69
the county for the publication of legal notices and 70
advertisements which that is accessible through via the 71
Internet. For legal notices and advertisements required under s. 72
50.011 by a municipality, clerk of the circuit court, tax 73
collector, water management district, or other unit of local 74
government, the term "publicly accessible website" means such 75

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entity's official website, a private website designated by such 76
entity, a county's official website, or a private website 77
designated by the county in which such entity is located. 78
(3) All advertisements and public notices published on a 79
website as provided in this chapter must be in searchable form 80
and indicate the date on which the advertisement or public 81
notice was first published on the website. 82
(4) Any legal notice or advertisement that is published on 83
a publicly accessible website must, unless otherwise specified 84
by law, be published continuously for at least 2 weeks when the 85
purpose is to provide notice of the status of a government 86
activity or be published continuously from the date of initial 87
publication through the date of the proposed event or activity. 88
(5)(3) A governmental agency may use the publicly 89
accessible website of the county in which it lies to publish 90
legally required advertisements and public notices if the cost 91
of publishing advertisements and public notices on such website 92
is less than the cost of publishing advertisements and public 93
notices in a newspaper. 94
(6)(4) A governmental agency with at least 75 percent of 95
its population located within a county having with a population 96
of less fewer than 160,000; a municipality, school board, clerk 97
of the circuit court, or tax collector that is located within a 98
county having a population of less than 160,000; or any other 99
unit of local government or political subdivision in this state 100

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having at least 75 percent of its population located within a 101
county having a population of less than 160,000 may use a 102
publicly accessible website to publish legally required 103
advertisements and public notices only if the governing body of 104
the governmental agency, at a public hearing that has been 105
noticed in a newspaper as provided in this chapter, determines 106
that the residents of the governmental agency have sufficient 107
access to the Internet by broadband service, as defined in s. 108
364.02, or by any other means, such that publishing 109
advertisements and public notices on a publicly accessible 110
website will not unreasonably restrict public access. 111
(7)(5) A special district spanning the geographic 112
boundaries of more than one county that satisfies the criteria 113
for publishing and publishes chooses to publish legally required 114
advertisements and public notices on a publicly accessible 115
website must publish such advertisements and public notices on 116
the publicly accessible website of each county it spans. For 117
purposes of this subsection, the term "special district" has the 118
same meaning as in s. 189.012 but does not include a water 119
management district operating pursuant to chapter 373. 120
(8)(6) A governmental agency that uses a publicly 121
accessible website to publish legally required advertisements 122
and public notices must shall provide notice at least once per 123
year in a newspaper of general circulation or another 124
publication that is mailed or delivered to all residents and 125

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property owners throughout the government's jurisdiction, 126
indicating that property owners and residents may receive 127
legally required advertisements and public notices from the 128
governmental agency by first-class mail or e-mail upon 129
registering their name and address or e-mail address with the 130
governmental agency. The governmental agency must shall maintain 131
a registry of names, addresses, and e-mail addresses of property 132
owners and residents who have requested in writing that they 133
receive legally required advertisements and public notices from 134
the governmental agency by first-class mail or e-mail. 135
(9)(7) A link to advertisements and public notices 136
published on a publicly accessible website must shall be 137
conspicuously placed: 138
(a) On the website's homepage or on a page accessible 139
through a direct link from the homepage. 140
(b) On the homepage of the website of each governmental 141
agency publishing notices on the publicly accessible website or 142
on a page accessible through a direct link from the homepage. 143
(10) A public bid advertisement made by a governmental 144
agency or special governmental agency on a publicly accessible 145
website must be provided and accessible to the general public 146
without charge. 147
(11)(8) A governmental agency that has a governmental 148
access channel authorized under s. 610.109 may also include on 149
its governmental access channel a summary of all advertisements 150

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and public notices that are published on a publicly accessible 151
website. 152
(12)(9) A public bid advertisement made by a governmental 153
agency on a publicly accessible website must include a method to 154
accept electronic bids. 155
Section 2. For the purpose of incorporating the amendment 156
made by this act to section 50.0311, Florida Statutes, in a 157
reference thereto, section 11.02, Florida Statutes, is reenacted 158
to read: 159
11.02 Notice of special or local legislation or certain 160
relief acts.—The notice required to obtain special or local 161
legislation or any relief act specified in s. 11.065 shall be by 162
publishing the identical notice as provided in chapter 50 or 163
circulated throughout the county or counties where the matter or 164
thing to be affected by such legislation shall be situated one 165
time at least 30 days before introduction of the proposed law 166
into the Legislature or, if the notice is not published on a 167
publicly accessible website as provided in s. 50.0311 and there 168
is no newspaper circulated throughout or published in the 169
county, by posting for at least 30 days at not fewer than three 170
public places in the county or each of the counties, one of 171
which places shall be at the courthouse in the county or 172
counties where the matter or thing to be affected by such 173
legislation shall be situated. Notice of special or local 174
legislation shall state the substance of the contemplated law, 175

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as required by s. 10, Art. III of the State Constitution. Notice 176
of any relief act specified in s. 11.065 shall state the name of 177
the claimant, the nature of the injury or loss for which the 178
claim is made, and the amount of the claim against the affected 179
municipality's revenue-sharing trust fund. 180
Section 3. For the purpose of incorporating the amendment 181
made by this act to section 50.0311, Florida Statutes, in a 182
reference thereto, subsection (2) of section 45.031, Florida 183
Statutes, is reenacted to read: 184
45.031 Judicial sales procedure.—In any sale of real or 185
personal property under an order or judgment, the procedures 186
provided in this section and ss. 45.0315-45.035 may be followed 187
as an alternative to any other sale procedure if so ordered by 188
the court. 189
(2) PUBLICATION OF SALE.—Notice of sale shall be published 190
on a publicly accessible website as provided in s. 50.0311 for 191
at least 2 consecutive weeks before the sale or once a week for 192
2 consecutive weeks in a newspaper of general circulation, as 193
provided in chapter 50, published in the county where the sale 194
is to be held. The second publication by newspaper shall be at 195
least 5 days before the sale. The notice shall contain: 196
(a) A description of the property to be sold. 197
(b) The time and place of sale. 198
(c) A statement that the sale will be made pursuant to the 199
order or final judgment. 200

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(d) The caption of the action. 201
(e) The name of the clerk making the sale. 202
(f) A statement that any person claiming an interest in 203
the surplus from the sale, if any, other than the property owner 204
as of the date of the lis pendens must file a claim before the 205
clerk reports the surplus as unclaimed. 206
207
The court, in its discretion, may enlarge the time of the sale. 208
Notice of the changed time of sale shall be published as 209
provided herein. 210
Section 4. For the purpose of incorporating the amendment 211
made by this act to section 50.0311, Florida Statutes, in a 212
reference thereto, subsection (2) of section 50.011, Florida 213
Statutes, is reenacted to read: 214
50.011 Publication of legal notices.—Whenever by statute 215
an official or legal advertisement or a publication or notice in 216
a newspaper or on a governmental agency website has been or is 217
directed or permitted in the nature of or in lieu of process, or 218
for constructive service, or in initiating, assuming, reviewing, 219
exercising, or enforcing jurisdiction or power, or for any 220
purpose, including all legal notices and advertisements of 221
sheriffs and tax collectors, such legislation, whether existing 222
or repealed, means either of the following: 223
(2) A publication on a publicly accessible website under 224
s. 50.0311. 225

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Section 5. For the purpose of incorporating the amendment 226
made by this act to section 50.0311, Florida Statutes, in a 227
reference thereto, section 50.021, Florida Statutes, is 228
reenacted to read: 229
50.021 Publication when no newspaper in county.—When any 230
law, or order or decree of court, directs advertisements to be 231
made in a county and there is no newspaper published in the 232
county, the advertisement may be published on a publicly 233
accessible website as provided in s. 50.0311 or made by posting 234
three copies thereof in three different places in the county, 235
one of which shall be at the front door of the courthouse, and 236
by publication in the nearest county in which a newspaper 237
qualified under this chapter is published. 238
Section 6. For the purpose of incorporating the amendment 239
made by this act to section 50.0311, Florida Statutes, in a 240
reference thereto, subsection (3) of section 50.0211, Florida 241
Statutes, is reenacted to read: 242
50.0211 Internet website publication.— 243
(3)(a) If a legal notice is published in the print edition 244
of a newspaper, the newspaper publishing the notice shall place 245
the notice on the statewide website established and maintained 246
as an initiative of the Florida Press Association as a 247
repository for such notices located at the following address: 248
www.floridapublicnotices.com. 249
(b) A legal notice placed on the statewide website created 250

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under this subsection must be: 251
1. Accessible and searchable by party name and case 252
number. 253
2. Published for a period of at least 90 consecutive days 254
after the first day of publication. 255
(c) The statewide website created under this subsection 256
shall maintain a searchable archive of all legal notices 257
published on the publicly accessible website for 18 months after 258
the first day of publication. Such searchable archive shall be 259
provided and accessible to the general public without charge. 260
Section 7. For the purpose of incorporating the amendment 261
made by this act to section 50.0311, Florida Statutes, in a 262
reference thereto, section 50.031, Florida Statutes, is 263
reenacted to read: 264
50.031 Newspapers in which legal notices and process may 265
be published.—If a governmental agency publishes a legal notice 266
in a newspaper, no notice or publication required to be 267
published in the nature of or in lieu of process of any kind, 268
nature, character, or description provided for under any law of 269
the state, whether heretofore or hereafter enacted, and whether 270
pertaining to constructive service, or the initiating, assuming, 271
reviewing, exercising, or enforcing jurisdiction or power, by 272
any court in this state, or any notice of sale of property, real 273
or personal, for taxes, state, county, or municipal, or 274
sheriff's, guardian's, or administrator's or any sale made 275

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pursuant to any judicial order, decree, or statute or any other 276
publication or notice pertaining to any affairs of the state, or 277
any county, municipality, or other political subdivision 278
thereof, shall be deemed to have been published in accordance 279
with the statutes providing for such publication, unless the 280
same shall have been published for the prescribed period of time 281
required for such publication, in a newspaper which at the time 282
of such publication shall have been in existence for 2 years and 283
meets the requirements set forth in s. 50.011, or in a newspaper 284
which is a direct successor of a newspaper which has been so 285
published; provided, however, that nothing herein contained 286
shall apply where in any county there shall be no newspaper in 287
existence which shall have been published for the length of time 288
above prescribed. No legal publication of any kind, nature, or 289
description, as herein defined, shall be valid or binding or 290
held to be in compliance with the statutes providing for such 291
publication unless the same shall have been published in 292
accordance with this section or s. 50.0311. Proof of such 293
publication shall be made by uniform affidavit. 294
Section 8. For the purpose of incorporating the amendment 295
made by this act to section 50.0311, Florida Statutes, in a 296
reference thereto, section 50.051, Florida Statutes, is 297
reenacted to read: 298
50.051 Proof of publication; form of uniform affidavit.—299
The printed form upon which all such affidavits establishing 300

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proof of publication are to be executed shall be substantially 301
as follows: 302
NAME OF COUNTY 303
STATE OF FLORIDA 304
COUNTY OF .... 305
Before the undersigned authority personally appeared ...., 306
who on oath says that he or she is .... of .... County, Florida; 307
that the attached copy of advertisement, being a .... in the 308
matter of .... in the .... Court, was published on the publicly 309
accessible website of .... County, Florida, or in a newspaper by 310
print in the issues of .... on ...(date).... 311
Affiant further says that the website or newspaper complies 312
with all legal requirements for publication in chapter 50, 313
Florida Statutes. 314
Sworn to and subscribed before me this .... day of ...., 315
...(year)..., by ...., who is personally known to me or who has 316
produced ...(type of identification)... as identification. 317
...(Signature of Notary Public)... 318
...(Print, Type, or Stamp Commissioned Name of Notary Public)... 319
...(Notary Public)... 320
Section 9. For the purpose of incorporating the amendment 321
made by this act to section 50.0311, Florida Statutes, in a 322
reference thereto, subsection (4) of section 50.061, Florida 323
Statutes, is reenacted to read: 324
50.061 Amounts chargeable.— 325

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(4) A governmental agency publishing an official public 326
notice or legal advertisement may procure publication by 327
soliciting and accepting written bids from newspapers published 328
in the county, in which case the specified charges in this 329
section do not apply. 330
Section 10. For the purpose of incorporating the amendment 331
made by this act to section 50.0311, Florida Statutes, in a 332
reference thereto, subsections (1), (3), and (4) of section 333
50.0711, Florida Statutes, are reenacted to read: 334
50.0711 Court docket fund; service charges; publications.— 335
(1) The clerk of the court in each county may establish a 336
court docket fund for the purpose of paying the cost of 337
publication of the fact of the filing of any civil case in the 338
circuit court of the county by the style and of the calendar 339
relating to such cases. This court docket fund shall be funded 340
by $1 mandatory court cost for all civil actions, suits, or 341
proceedings filed in the circuit court of the county. The clerk 342
shall maintain such funds separate and apart, and the proceeds 343
from this court cost shall not be diverted to any other fund or 344
for any purpose other than that established in this section. The 345
clerk of the court shall dispense the fund to the designated 346
publicly accessible website publisher or record newspaper in the 347
county on a quarterly basis. 348
(3) The publicly accessible website publisher or 349
publishers of any designated record newspapers receiving payment 350

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from this court docket fund shall publish, without additional 351
charge, the fact of the filing of any civil case, suit, or 352
action filed in such county in the circuit. Such publication 353
shall be in accordance with a schedule agreed upon between the 354
website publisher or record newspaper and the clerk of the court 355
in such county. 356
(4) The publicly accessible website publisher or 357
publishers of any designated record newspapers receiving 358
revenues from the court docket fund established in subsection 359
(1) shall, without charge, accept legal advertisements for the 360
purpose of service of process by publication under s. 49.011(4), 361
(10), and (11) when such publication is required of persons 362
authorized to proceed as indigent persons under s. 57.081. 363
Section 11. For the purpose of incorporating the amendment 364
made by this act to section 50.0311, Florida Statutes, in a 365
reference thereto, subsection (9) of section 69.081, Florida 366
Statutes, is reenacted to read: 367
69.081 Sunshine in litigation; concealment of public 368
hazards prohibited.— 369
(9) A governmental entity, except a municipality or 370
county, that settles a claim in tort which requires the 371
expenditure of public funds in excess of $5,000, shall provide 372
notice, in accordance with the provisions of chapter 50, of such 373
settlement, in the county in which the claim arose, within 60 374
days of entering into such settlement; provided that no notice 375

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shall be required if the settlement has been approved by a court 376
of competent jurisdiction. 377
Section 12. For the purpose of incorporating the amendment 378
made by this act to section 50.0311, Florida Statutes, in a 379
reference thereto, subsection (12) of section 90.902, Florida 380
Statutes, is reenacted to read: 381
90.902 Self-authentication.—Extrinsic evidence of 382
authenticity as a condition precedent to admissibility is not 383
required for: 384
(12) A legal notice published in accordance with the 385
requirements of chapter 50 in the print edition of a qualified 386
newspaper or on a publicly accessible website as provided in s. 387
50.0311. 388
Section 13. For the purpose of incorporating the amendment 389
made by this act to section 50.0311, Florida Statutes, in a 390
reference thereto, paragraph (d) of subsection (1) of section 391
120.81, Florida Statutes, is reenacted to read: 392
120.81 Exceptions and special requirements; general 393
areas.— 394
(1) EDUCATIONAL UNITS.— 395
(d) Notwithstanding any other provision of this chapter, 396
educational units shall not be required to include the full text 397
of the rule or rule amendment in notices relating to rules and 398
need not publish these or other notices in the Florida 399
Administrative Register, but notice shall be made: 400

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1. By publication in a newspaper qualified under chapter 401
50 in the affected area or on a publicly accessible website as 402
provided in s. 50.0311; 403
2. By mail to all persons who have made requests of the 404
educational unit for advance notice of its proceedings and to 405
organizations representing persons affected by the proposed 406
rule; and 407
3. By posting in appropriate places so that those 408
particular classes of persons to whom the intended action is 409
directed may be duly notified. 410
Section 14. For the purpose of incorporating the amendment 411
made by this act to section 50.0311, Florida Statutes, in a 412
reference thereto, paragraphs (b) and (h) of subsection (1) of 413
section 121.055, Florida Statutes, are reenacted to read: 414
121.055 Senior Management Service Class.—There is hereby 415
established a separate class of membership within the Florida 416
Retirement System to be known as the "Senior Management Service 417
Class," which shall become effective February 1, 1987. 418
(1) 419
(b)1. Except as provided in subparagraph 2., effective 420
January 1, 1990, participation in the Senior Management Service 421
Class is compulsory for the president of each community college, 422
the manager of each participating municipality or county, and 423
all appointed district school superintendents. Effective January 424
1, 1994, additional positions may be designated for inclusion in 425

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the Senior Management Service Class if: 426
a. Positions to be included in the class are designated by 427
the local agency employer. Notice of intent to designate 428
positions for inclusion in the class must be published for at 429
least 2 consecutive weeks if published on a publicly accessible 430
website as provided in s. 50.0311 or, if published in print, 431
once a week for 2 consecutive weeks in a newspaper qualified 432
under chapter 50 that is published in the county or counties 433
affected. 434
b. Up to 10 nonelective full-time positions may be 435
designated for each local agency employer reporting to the 436
department; for local agencies with 100 or more regularly 437
established positions, additional nonelective full-time 438
positions may be designated, not to exceed 1 percent of the 439
regularly established positions within the agency. 440
c. Each position added to the class must be a managerial 441
or policymaking position filled by an employee who is not 442
subject to continuing contract and serves at the pleasure of the 443
local agency employer without civil service protection, and who: 444
(I) Heads an organizational unit; or 445
(II) Has responsibility to effect or recommend personnel, 446
budget, expenditure, or policy decisions in his or her areas of 447
responsibility. 448
2. In lieu of participation in the Senior Management 449
Service Class, members of the Senior Management Service Class, 450

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pursuant to subparagraph 1., may withdraw from the Florida 451
Retirement System altogether. The decision to withdraw from the 452
system is irrevocable as long as the employee holds the 453
position. Any service creditable under the Senior Management 454
Service Class shall be retained after the member withdraws from 455
the system; however, additional service credit in the Senior 456
Management Service Class may not be earned after such 457
withdrawal. Such members are not eligible to participate in the 458
Senior Management Service Optional Annuity Program. 459
3. Effective January 1, 2006, through June 30, 2006, an 460
employee who has withdrawn from the Florida Retirement System 461
under subparagraph 2. has one opportunity to elect to 462
participate in the pension plan or the investment plan. 463
a. If the employee elects to participate in the investment 464
plan, membership shall be prospective, and the applicable 465
provisions of s. 121.4501(4) govern the election. 466
b. If the employee elects to participate in the pension 467
plan, the employee shall, upon payment to the system trust fund 468
of the amount calculated under sub-sub-subparagraph (I), receive 469
service credit for prior service based upon the time during 470
which the employee had withdrawn from the system. 471
(I) The cost for such credit shall be an amount 472
representing the actuarial accrued liability for the affected 473
period of service. The cost shall be calculated using the 474
discount rate and other relevant actuarial assumptions that were 475

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used to value the pension plan liabilities in the most recent 476
actuarial valuation. The calculation must include any service 477
already maintained under the pension plan in addition to the 478
period of withdrawal. The actuarial accrued liability 479
attributable to any service already maintained under the pension 480
plan shall be applied as a credit to the total cost resulting 481
from the calculation. The division must ensure that the transfer 482
sum is prepared using a formula and methodology certified by an 483
actuary. 484
(II) The employee must transfer a sum representing the net 485
cost owed for the actuarial accrued liability in sub-sub-486
subparagraph (I) immediately following the time of such 487
movement, determined assuming that attained service equals the 488
sum of service in the pension plan and the period of withdrawal. 489
(h)1. Except as provided in subparagraph 3., effective 490
January 1, 1994, participation in the Senior Management Service 491
Class shall be compulsory for the State Courts Administrator and 492
the Deputy State Courts Administrators, the Clerk of the Supreme 493
Court, the Marshal of the Supreme Court, the Executive Director 494
of the Justice Administrative Commission, the capital collateral 495
regional counsel, the clerks of the district courts of appeals, 496
the marshals of the district courts of appeals, and the trial 497
court administrator and the Chief Deputy Court Administrator in 498
each judicial circuit. Effective January 1, 1994, additional 499
positions in the offices of the state attorney and public 500

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defender in each judicial circuit may be designated for 501
inclusion in the Senior Management Service Class of the Florida 502
Retirement System, provided that: 503
a. Positions to be included in the class shall be 504
designated by the state attorney or public defender, as 505
appropriate. Notice of intent to designate positions for 506
inclusion in the class shall be published for at least 2 507
consecutive weeks on a publicly accessible website as provided 508
in s. 50.0311 or, if published in print, once a week for 2 509
consecutive weeks in a newspaper qualified under chapter 50 in 510
the county or counties affected. 511
b. One nonelective full-time position may be designated 512
for each state attorney and public defender reporting to the 513
Department of Management Services; for agencies with 200 or more 514
regularly established positions under the state attorney or 515
public defender, additional nonelective full-time positions may 516
be designated, not to exceed 0.5 percent of the regularly 517
established positions within the agency. 518
c. Each position added to the class must be a managerial 519
or policymaking position filled by an employee who serves at the 520
pleasure of the state attorney or public defender without civil 521
service protection, and who: 522
(I) Heads an organizational unit; or 523
(II) Has responsibility to effect or recommend personnel, 524
budget, expenditure, or policy decisions in his or her areas of 525

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responsibility. 526
2. Participation in this class shall be compulsory, except 527
as provided in subparagraph 3., for any judicial employee who 528
holds a position designated for coverage in the Senior 529
Management Service Class, and such participation shall continue 530
until the employee terminates employment in a covered position. 531
Effective January 1, 2001, participation in this class is 532
compulsory for assistant state attorneys, assistant statewide 533
prosecutors, assistant public defenders, and assistant capital 534
collateral regional counsel. Effective January 1, 2002, 535
participation in this class is compulsory for assistant 536
attorneys general. 537
3. In lieu of participation in the Senior Management 538
Service Class, such members, excluding assistant state 539
attorneys, assistant public defenders, assistant statewide 540
prosecutors, assistant attorneys general, and assistant capital 541
collateral regional counsel, may participate in the Senior 542
Management Service Optional Annuity Program as established in 543
subsection (6). 544
Section 15. For the purpose of incorporating the amendment 545
made by this act to section 50.0311, Florida Statutes, in a 546
reference thereto, paragraph (a) of subsection (2) of section 547
125.66, Florida Statutes, is reenacted to read: 548
125.66 Ordinances; enactment procedure; emergency 549
ordinances; rezoning or change of land use ordinances or 550

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resolutions.— 551
(2)(a) The regular enactment procedure is as follows: The 552
board of county commissioners at any regular or special meeting 553
may enact or amend any ordinance, except as provided in 554
subsection (5), if notice of intent to consider such ordinance 555
is given at least 10 days before such meeting by publication as 556
provided in chapter 50. A copy of such notice must be kept 557
available for public inspection during the regular business 558
hours of the office of the clerk of the board of county 559
commissioners. The notice of proposed enactment must state the 560
date, time, and place of the meeting; the title or titles of 561
proposed ordinances; and the place or places within the county 562
where such proposed ordinances may be inspected by the public. 563
The notice must also advise that interested parties may appear 564
at the meeting and be heard with respect to the proposed 565
ordinance. 566
Section 16. For the purpose of incorporating the amendment 567
made by this act to section 50.0311, Florida Statutes, in a 568
reference thereto, paragraph (a) of subsection (2) of section 569
162.12, Florida Statutes, is reenacted to read: 570
162.12 Notices.— 571
(2) In addition to providing notice as set forth in 572
subsection (1), at the option of the code enforcement board or 573
the local government, notice may be served by publication or 574
posting, as follows: 575

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(a)1. Such notice shall be published in print in a 576
newspaper or on a publicly accessible website as provided in s. 577
50.0311 for 4 consecutive weeks. If published in print, the 578
notice shall be published once during each week for 4 579
consecutive weeks (four publications being sufficient) in a 580
newspaper in the county where the code enforcement board is 581
located. The newspaper shall meet such requirements as are 582
prescribed under chapter 50 for legal and official 583
advertisements. 584
2. Proof of publication shall be made as provided in ss. 585
50.041 and 50.051. 586
Section 17. For the purpose of incorporating the amendment 587
made by this act to section 50.0311, Florida Statutes, in a 588
reference thereto, subsection (1) of section 189.015, Florida 589
Statutes, is reenacted to read: 590
189.015 Meetings; notice; required reports.— 591
(1) The governing body of each special district shall file 592
quarterly, semiannually, or annually a schedule of its regular 593
meetings with the local governing authority or authorities. The 594
schedule shall include the date, time, and location of each 595
scheduled meeting. The schedule shall be published quarterly, 596
semiannually, or annually in the manner required in this 597
subsection. The governing body of an independent special 598
district shall advertise the day, time, place, and purpose of 599
any meeting other than a regular meeting or any recessed and 600

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reconvened meeting of the governing body, at least 7 days before 601
such meeting as provided in chapter 50 in the county or counties 602
in which the special district is located, unless a bona fide 603
emergency situation exists, in which case a meeting to deal with 604
the emergency may be held as necessary, with reasonable notice, 605
so long as it is subsequently ratified by the governing body. No 606
approval of the annual budget shall be granted at an emergency 607
meeting. The notice shall be posted as provided in chapter 50. 608
Any other provision of law to the contrary notwithstanding, and 609
except in the case of emergency meetings, water management 610
districts may provide reasonable notice of public meetings held 611
to evaluate responses to solicitations issued by the water 612
management district, as provided in chapter 50 by publication on 613
a publicly accessible website or by publication in a newspaper 614
in the county where the principal office of the water management 615
district is located, or in the county or counties where the 616
public work will be performed, no fewer than 7 days before such 617
meeting. 618
Section 18. For the purpose of incorporating the amendment 619
made by this act to section 50.0311, Florida Statutes, in a 620
reference thereto, paragraph (d) of subsection (1) of section 621
190.005, Florida Statutes, is reenacted to read: 622
190.005 Establishment of district.— 623
(1) The exclusive and uniform method for the establishment 624
of a community development district with a size of 2,500 acres 625

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or more shall be pursuant to a rule, adopted under chapter 120 626
by the Florida Land and Water Adjudicatory Commission, granting 627
a petition for the establishment of a community development 628
district. 629
(d) A local public hearing on the petition shall be 630
conducted by a hearing officer in conformance with the 631
applicable requirements and procedures of the Administrative 632
Procedure Act. The hearing shall include oral and written 633
comments on the petition pertinent to the factors specified in 634
paragraph (e). The hearing shall be held at an accessible 635
location in the county in which the community development 636
district is to be located. The petitioner shall cause a notice 637
of the hearing to be published for 4 successive weeks on a 638
publicly accessible website as provided in s. 50.0311 or, if 639
published in print, in a newspaper at least once a week for the 640
4 successive weeks immediately prior to the hearing as provided 641
in chapter 50. Such notice shall give the time and place for the 642
hearing, a description of the area to be included in the 643
district, which description shall include a map showing clearly 644
the area to be covered by the district, and any other relevant 645
information which the establishing governing bodies may require. 646
If published in the print edition of a newspaper, the 647
advertisement may not be placed in the portion of the newspaper 648
where legal notices and classified advertisements appear. The 649
advertisement must be published in a newspaper in the county and 650

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of general interest and readership in the community pursuant to 651
chapter 50. Whenever possible, the advertisement shall appear in 652
a newspaper that is published at least weekly, unless the only 653
newspaper in the community is published less than weekly. If the 654
notice is published in the print edition of the newspaper, the 655
map must also be included in any online advertisement pursuant 656
to s. 50.0211. All affected units of general-purpose local 657
government and the general public shall be given an opportunity 658
to appear at the hearing and present oral or written comments on 659
the petition. 660
Section 19. For the purpose of incorporating the amendment 661
made by this act to section 50.0311, Florida Statutes, in a 662
reference thereto, subsection (1) of section 197.402, Florida 663
Statutes, is reenacted to read: 664
197.402 Advertisement of real or personal property with 665
delinquent taxes.— 666
(1) If advertisements are required, the board of county 667
commissioners shall make such notice as provided in chapter 50. 668
The tax collector shall pay all charges, and the proportionate 669
cost of the advertisements shall be added to the delinquent 670
taxes collected. 671
Section 20. For the purpose of incorporating the amendment 672
made by this act to section 50.0311, Florida Statutes, in a 673
reference thereto, paragraph (f) of subsection (2) of section 674
200.065, Florida Statutes, is reenacted to read: 675

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200.065 Method of fixing millage.— 676
(2) No millage shall be levied until a resolution or 677
ordinance has been approved by the governing board of the taxing 678
authority which resolution or ordinance must be approved by the 679
taxing authority according to the following procedure: 680
(f)1. Notwithstanding any provisions of paragraph (c) to 681
the contrary, each school district shall advertise its intent to 682
adopt a tentative budget on a publicly accessible website 683
pursuant to s. 50.0311 or in a newspaper of general circulation 684
pursuant to subsection (3) within 29 days after certification of 685
value pursuant to subsection (1). For the purpose of this 686
paragraph, the term "publicly accessible website" includes a 687
district school board's official website if the school board 688
website satisfies the remaining requirements of s. 50.0311. Not 689
less than 2 days or more than 5 days thereafter, the district 690
shall hold a public hearing on the tentative budget pursuant to 691
the applicable provisions of paragraph (c). In the event of 692
postponement or recess due to a declared state of emergency, the 693
school district may postpone or recess the hearing for up to 7 694
days and shall post a prominent notice at the place of the 695
original hearing showing the date, time, and place where the 696
hearing will be reconvened. The posted notice shall measure not 697
less than 8.5 by 11 inches. The school district shall make every 698
reasonable effort to provide reasonable notification of the 699
continued hearing to the taxpayers. The information must also be 700

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posted on the school district's website if the district school 701
board uses a different method of advertisement. 702
2. Notwithstanding any provisions of paragraph (b) to the 703
contrary, each school district shall advise the property 704
appraiser of its recomputed proposed millage rate within 35 days 705
of certification of value pursuant to subsection (1). The 706
recomputed proposed millage rate of the school district shall be 707
considered its proposed millage rate for the purposes of 708
paragraph (b). 709
3. Notwithstanding any provisions of paragraph (d) to the 710
contrary, each school district shall hold a public hearing to 711
finalize the budget and adopt a millage rate within 80 days of 712
certification of value pursuant to subsection (1), but not 713
earlier than 65 days after certification. The hearing shall be 714
held in accordance with the applicable provisions of paragraph 715
(d), except that a newspaper advertisement need not precede the 716
hearing. 717
Section 21. For the purpose of incorporating the amendment 718
made by this act to section 50.0311, Florida Statutes, in a 719
reference thereto, paragraph (c) of subsection (1) of section 720
338.223, Florida Statutes, is reenacted to read: 721
338.223 Proposed turnpike projects.— 722
(1) 723
(c) Prior to requesting legislative approval of a proposed 724
turnpike project, the environmental feasibility of the proposed 725

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project shall be reviewed by the Department of Environmental 726
Protection. The department shall submit its Project Development 727
and Environmental Report to the Department of Environmental 728
Protection, along with a draft copy of a public notice. Within 729
14 days of receipt of the draft public notice, the Department of 730
Environmental Protection shall return the draft public notice to 731
the Department of Transportation with an approval of the 732
language or modifications to the language. Upon receipt of the 733
approved or modified draft, or if no comments are provided 734
within 14 days, the Department of Transportation shall publish 735
the notice as provided in chapter 50 to provide a 30-day public 736
comment period. If published in the print edition of a 737
newspaper, the headline of the required notice shall be in a 738
type no smaller than 18 point, shall be placed in that portion 739
of the newspaper where legal notices appear, and shall be 740
published in a newspaper qualified to publish legal notices in 741
the county or counties of general interest and readership in the 742
community as provided in s. 50.031. Whenever possible, the 743
notice shall appear in a newspaper that is published at least 744
weekly. All notices published pursuant to this section shall 745
include, at a minimum, the following information: 746
1. The purpose of the notice is to provide for a 30-day 747
period for written public comments on the environmental impacts 748
of a proposed turnpike project. 749
2. The name and description of the project, along with a 750

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geographic location map clearly indicating the area where the 751
proposed project will be located. 752
3. The address where such comments must be sent and the 753
date such comments are due. 754
755
After a review of the department's report and any public 756
comments, the Department of Environmental Protection shall 757
submit a statement of environmental feasibility to the 758
department within 30 days after the date on which public 759
comments are due. The notice and the statement of environmental 760
feasibility shall not give rise to any rights to a hearing or 761
other rights or remedies provided pursuant to chapter 120 or 762
chapter 403, and shall not bind the Department of Environmental 763
Protection in any subsequent environmental permit review. 764
Section 22. For the purpose of incorporating the amendment 765
made by this act to section 50.0311, Florida Statutes, in a 766
reference thereto, subsection (3) of section 348.0308, Florida 767
Statutes, is reenacted to read: 768
348.0308 Public-private partnership.—The Legislature 769
declares that there is a public need for the rapid construction 770
of safe and efficient transportation facilities for traveling 771
within the state and that it is in the public's interest to 772
provide for public-private partnership agreements to effectuate 773
the construction of additional safe, convenient, and economical 774
transportation facilities. 775

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(3) The agency may request proposals for public-private 776
transportation projects or, if it receives an unsolicited 777
proposal, it must publish a notice in the Florida Administrative 778
Register and, as provided in chapter 50, on a publicly 779
accessible website or by print in a newspaper qualified to 780
publish legal notices in the county in which the project is 781
located at least once a week for 2 weeks stating that it has 782
received the proposal and will accept, for 60 days after the 783
initial date of publication, other proposals for the same 784
project purpose. A copy of the notice must be mailed to each 785
local government in the affected areas. After the public 786
notification period has expired, the agency shall rank the 787
proposals in order of preference. In ranking the proposals, the 788
agency shall consider professional qualifications, general 789
business terms, innovative engineering or cost-reduction terms, 790
finance plans, and the need for state funds to deliver the 791
proposal. If the agency is not satisfied with the results of the 792
negotiations, it may, at its sole discretion, terminate 793
negotiations with the proposer. If these negotiations are 794
unsuccessful, the agency may go to the second and lower-ranked 795
firms, in order, using the same procedure. If only one proposal 796
is received, the agency may negotiate in good faith, and if it 797
is not satisfied with the results, it may, at its sole 798
discretion, terminate negotiations with the proposer. The agency 799
may, at its discretion, reject all proposals at any point in the 800

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process up to completion of a contract with the proposer. 801
Section 23. For the purpose of incorporating the amendment 802
made by this act to section 50.0311, Florida Statutes, in a 803
reference thereto, subsection (3) of section 348.635, Florida 804
Statutes, is reenacted to read: 805
348.635 Public-private partnership.—The Legislature 806
declares that there is a public need for the rapid construction 807
of safe and efficient transportation facilities for traveling 808
within the state and that it is in the public's interest to 809
provide for public-private partnership agreements to effectuate 810
the construction of additional safe, convenient, and economical 811
transportation facilities. 812
(3) The authority may request proposals for public-private 813
transportation projects or, if it receives an unsolicited 814
proposal, it must publish a notice in the Florida Administrative 815
Register and, as provided in chapter 50, on a publicly 816
accessible website or by print in a newspaper in the county in 817
which the project is located at least once a week for 2 weeks 818
stating that it has received the proposal and will accept, for 819
60 days after the initial date of publication, other proposals 820
for the same project purpose. A copy of the notice must be 821
mailed to each local government in the affected areas. After the 822
public notification period has expired, the authority shall rank 823
the proposals in order of preference. In ranking the proposals, 824
the authority shall consider professional qualifications, 825

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general business terms, innovative engineering or cost-reduction 826
terms, finance plans, and the need for state funds to deliver 827
the proposal. If the authority is not satisfied with the results 828
of the negotiations, it may, at its sole discretion, terminate 829
negotiations with the proposer. If these negotiations are 830
unsuccessful, the authority may go to the second and lower-831
ranked firms, in order, using the same procedure. If only one 832
proposal is received, the authority may negotiate in good faith, 833
and if it is not satisfied with the results, it may, at its sole 834
discretion, terminate negotiations with the proposer. The 835
authority may, at its discretion, reject all proposals at any 836
point in the process up to completion of a contract with the 837
proposer. 838
Section 24. For the purpose of incorporating the amendment 839
made by this act to section 50.0311, Florida Statutes, in a 840
reference thereto, subsection (3) of section 348.7605, Florida 841
Statutes, is reenacted to read: 842
348.7605 Public-private partnership.—The Legislature 843
declares that there is a public need for the rapid construction 844
of safe and efficient transportation facilities for traveling 845
within the state and that it is in the public's interest to 846
provide for public-private partnership agreements to effectuate 847
the construction of additional safe, convenient, and economical 848
transportation facilities. 849
(3) The authority may request proposals for public-private 850

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transportation projects or, if it receives an unsolicited 851
proposal, it must publish a notice in the Florida Administrative 852
Register and, as provided in chapter 50, on a publicly 853
accessible website or by print in a newspaper in the county in 854
which the project is located at least once a week for 2 weeks 855
stating that it has received the proposal and will accept, for 856
60 days after the initial date of publication, other proposals 857
for the same project purpose. A copy of the notice must be 858
mailed to each local government in the affected areas. After the 859
public notification period has expired, the authority shall rank 860
the proposals in order of preference. In ranking the proposals, 861
the authority shall consider professional qualifications, 862
general business terms, innovative engineering or cost-reduction 863
terms, finance plans, and the need for state funds to deliver 864
the proposal. If the authority is not satisfied with the results 865
of the negotiations, it may, at its sole discretion, terminate 866
negotiations with the proposer. If these negotiations are 867
unsuccessful, the authority may go to the second and lower-868
ranked firms, in order, using the same procedure. If only one 869
proposal is received, the authority may negotiate in good faith, 870
and if it is not satisfied with the results, it may, at its sole 871
discretion, terminate negotiations with the proposer. The 872
authority may, at its discretion, reject all proposals at any 873
point in the process up to completion of a contract with the 874
proposer. 875

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Section 25. For the purpose of incorporating the amendment 876
made by this act to section 50.0311, Florida Statutes, in a 877
reference thereto, section 373.0397, Florida Statutes, is 878
reenacted to read: 879
373.0397 Floridan and Biscayne aquifers; designation of 880
prime groundwater recharge areas.—Upon preparation of an 881
inventory of prime groundwater recharge areas for the Floridan 882
or Biscayne aquifers, but prior to adoption by the governing 883
board, the water management district shall publish a legal 884
notice of public hearing on the designated areas for the 885
Floridan and Biscayne aquifers, with a map delineating the 886
boundaries of the areas, as provided in chapter 50. The notice 887
shall be at least one-fourth page and shall read as follows: 888
NOTICE OF PRIME RECHARGE 889
AREA DESIGNATION 890
The ...(name of taxing authority)... proposes to designate 891
specific land areas as areas of prime recharge to the ...(name 892
of aquifer)... Aquifer. 893
All concerned citizens are invited to attend a public 894
hearing on the proposed designation to be held on ...(date and 895
time)... at ...(meeting place).... 896
A map of the affected areas follows. 897
The governing board of the water management district shall adopt 898
a designation of prime groundwater recharge areas to the 899
Floridan and Biscayne aquifers by rule within 120 days after the 900

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public hearing, subject to the provisions of chapter 120. 901
Section 26. For the purpose of incorporating the amendment 902
made by this act to section 50.0311, Florida Statutes, in a 903
reference thereto, section 373.146, Florida Statutes, is 904
reenacted to read: 905
373.146 Publication of notices, process, and papers.— 906
(1) Whenever in this chapter the publication of any 907
notice, process, or paper is required or provided for, unless 908
otherwise provided by law, the publication thereof as provided 909
in chapter 50 is considered as being sufficient. 910
(2) Notwithstanding any other provision of law to the 911
contrary, and except in the case of emergency meetings, water 912
management districts may provide reasonable notice of public 913
meetings held to evaluate responses to solicitations issued by 914
the water management district, by publication as provided in 915
chapter 50, no less than 7 days before such meeting. 916
Section 27. For the purpose of incorporating the amendment 917
made by this act to section 50.0311, Florida Statutes, in a 918
reference thereto, subsection (12) of section 403.722, Florida 919
Statutes, is reenacted to read: 920
403.722 Permits; hazardous waste disposal, storage, and 921
treatment facilities.— 922
(12) On the same day of filing with the department of an 923
application for a permit for the construction modification, or 924
operation of a hazardous waste facility, the applicant shall 925

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notify each city and county within 1 mile of the facility of the 926
filing of the application and shall publish notice of the filing 927
of the application. The applicant shall publish a second notice 928
of the filing within 14 days after the date of filing. Each 929
notice shall be published as provided in chapter 50 in the 930
county in which the facility is located or is proposed to be 931
located. The notice shall contain: 932
(a) The name of the applicant and a brief description of 933
the project and its location. 934
(b) The location of the application file and when it is 935
available for public inspection. 936
937
The notice shall be prepared by the applicant and shall comply 938
with the following format: 939
Notice of Application 940
The Department of Environmental Protection announces receipt of 941
an application for a permit from ...(name of applicant)... to 942
...(brief description of project).... This proposed project will 943
be located at ...(location)... in ...(county)... ...(city).... 944
This application is being processed and is available for public 945
inspection during normal business hours, 8:00 a.m. to 5:00 p.m., 946
Monday through Friday, except legal holidays, at ...(name and 947
address of office).... 948
Section 28. For the purpose of incorporating the amendment 949
made by this act to section 50.0311, Florida Statutes, in a 950

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reference thereto, subsection (5) of section 849.38, Florida 951
Statutes, is reenacted to read: 952
849.38 Proceedings for forfeiture; notice of seizure and 953
order to show cause.— 954
(5) If the value of the property seized is shown by the 955
sheriff's return to have an appraised value of $1,000 or less, 956
the above citation shall be served by posting at three public 957
places in the county, one of which shall be the front door of 958
the courthouse; if the value of the property is shown by the 959
sheriff's return to have an approximate value of more than 960
$1,000, the citation shall be published by print or posted for 961
at least 2 consecutive weeks on a publicly accessible website as 962
provided in s. 50.0311. If published in print, the citation 963
shall appear at least once each week for 2 consecutive weeks in 964
a newspaper qualified to publish legal notices under chapter 50 965
that is published in the county, if there is such a newspaper 966
published in the county. If there is no such newspaper, the 967
notice of such publication shall be made by certificate of the 968
clerk if publication is made by posting, and by affidavit as 969
provided in chapter 50, if made by publication as provided in 970
chapter 50, which affidavit or certificate shall be filed and 971
become a part of the record in the cause. Failure of the record 972
to show proof of such publication shall not affect any judgment 973
made in the cause unless it shall affirmatively appear that no 974
such publication was made. 975

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Section 29. For the purpose of incorporating the amendment 976
made by this act to section 50.0311, Florida Statutes, in a 977
reference thereto, paragraph (a) of subsection (6) of section 978
932.704, Florida Statutes, is reenacted to read: 979
932.704 Forfeiture proceedings.— 980
(6)(a) If the property is required by law to be titled or 981
registered, or if the owner of the property is known in fact to 982
the seizing agency, or if the seized property is subject to a 983
perfected security interest in accordance with the Uniform 984
Commercial Code, chapter 679, the attorney for the seizing 985
agency shall serve the forfeiture complaint as an original 986
service of process under the Florida Rules of Civil Procedure 987
and other applicable law to each person having an ownership or 988
security interest in the property. The seizing agency shall also 989
publish, in accordance with chapter 50, notice of the forfeiture 990
complaint for 2 consecutive weeks on a publicly accessible 991
website or, if published in print, once each week for 2 992
consecutive weeks in a newspaper qualified to publish legal 993
notices under chapter 50 in the county where the seizure 994
occurred. 995
Section 30. For the purpose of incorporating the amendment 996
made by this act to section 50.0311, Florida Statutes, in a 997
reference thereto, paragraph (c) of subsection (2) of section 998
1001.372, Florida Statutes, is reenacted to read: 999
1001.372 District school board meetings.— 1000

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(2) PLACE OF MEETINGS.— 1001
(c) For the purpose of this section, due public notice 1002
shall consist of, at least 2 days prior to the meeting: 1003
continuous publication on a publicly accessible website as 1004
provided in s. 50.0311 or the official district school board 1005
website; publication in a newspaper of general circulation in 1006
the county, or in each county where there is no newspaper of 1007
general circulation in the county, an announcement over at least 1008
one radio station whose signal is generally received in the 1009
county, a reasonable number of times daily during the 48 hours 1010
immediately preceding the date of such meeting; or posting a 1011
notice at the courthouse door if no newspaper is published in 1012
the county. 1013
Section 31. For the purpose of incorporating the amendment 1014
made by this act to section 50.0311, Florida Statutes, in a 1015
reference thereto, subsection (1) of section 1011.03, Florida 1016
Statutes, is reenacted to read: 1017
1011.03 Public hearings; budget to be submitted to 1018
Department of Education.— 1019
(1) Each district school board shall cause a summary of 1020
its tentative budget, including the proposed millage levies as 1021
provided for by law, to be posted on the district's official 1022
website or on a publicly accessible website as provided in s. 1023
50.0311. 1024
Section 32. This act shall take effect July 1, 2026. 1025