Bill Text: FL S0914 | 2011 | Regular Session | Introduced
Bill Title: Effective Public Notices by Governmental Entities
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0914 Detail]
Download: Florida-2011-S0914-Introduced.html
Florida Senate - 2011 SB 914 By Senator Bennett 21-01181-11 2011914__ 1 A bill to be entitled 2 An act relating to effective public notices by 3 governmental entities; creating s. 50.0311, F.S.; 4 defining the term “publicly accessible website”; 5 authorizing a local government to use its publicly 6 accessible website for legally required advertisements 7 and public notices; providing conditions for such use; 8 providing for optional receipt of legally required 9 advertisements and public notices by first-class mail 10 or e-mail; providing requirements for advertisements 11 and public notices published on a publicly accessible 12 website; amending s. 50.011, F.S.; providing that a 13 notice, advertisement, or publication on a publicly 14 accessible website of a local government in accordance 15 with s. 50.0311, F.S., constitutes legal notice; 16 amending s. 50.021, F.S.; providing that 17 advertisements directed by law or order or decree of 18 court to be made in a county in which no newspaper is 19 published may be made by publication on a publicly 20 accessible website; amending s. 50.051, F.S.; 21 providing clarifying provisions; amending s. 50.061, 22 F.S.; providing clarifying provisions; amending s. 23 100.342, F.S.; providing for notice of special 24 election or referendum on a publicly accessible 25 website; amending s. 125.66, F.S.; providing for 26 notice of consideration of an ordinance by a board of 27 county commissioners to be published on a publicly 28 accessible website; requiring maintenance of the 29 advertisement for a specified period; providing 30 clarifying provisions; amending s. 129.03, F.S.; 31 providing for the advertisement of a summary statement 32 of adopted tentative county budgets on a publicly 33 accessible website; amending s. 129.06, F.S.; 34 providing for advertisement of a public hearing 35 relating to the amendment of a county budget on a 36 publicly accessible website; amending s. 153.79, F.S.; 37 providing for public advertisement by a county water 38 and sewer system district of projects to construct, 39 reconstruct, acquire, or improve a water system or a 40 sewer system, and of a call for sealed bids for such 41 projects, on a publicly accessible website; amending 42 s. 159.32, F.S.; providing for advertisement for 43 competitive bids for contracts for the construction of 44 a project under the Florida Industrial Development 45 Financing Act on a publicly accessible website; 46 amending s. 162.12, F.S.; providing for optional 47 serving of notice by a code enforcement board of a 48 violation of a county or municipal code via a publicly 49 accessible website; amending s. 163.3184, F.S.; 50 providing for notice of public hearings on the 51 adoption of a local government comprehensive plan or 52 plan amendment or the approval of a compliance 53 agreement under the Local Government Comprehensive 54 Planning and Land Development Regulation Act via a 55 publicly accessible website; amending s. 166.041, 56 F.S.; providing for notice of adoption of a municipal 57 ordinance via a publicly accessible website; providing 58 clarifying provisions; amending s. 170.05, F.S.; 59 providing for publication on a publicly accessible 60 website of a resolution relating to municipal public 61 improvements financed by special assessments; amending 62 s. 170.07, F.S.; providing for publication on a 63 publicly accessible website of notice of hearing on 64 municipal public improvements financed by special 65 assessments; amending s. 180.24, F.S.; providing for 66 advertisement via a publicly accessible website of 67 specified construction contracts for utilities or 68 extensions to a previously constructed utility; 69 amending s. 197.3632, F.S.; providing for publication 70 on a publicly accessible website of a local 71 government’s notice of intent to use the uniform 72 method of collecting non-ad valorem assessments; 73 amending s. 200.065, F.S.; providing for advertisement 74 on a publicly accessible website of a taxing 75 authority’s intent to adopt a millage rate and budget; 76 providing for advertisement on a publicly accessible 77 website of the intention of a specified multicounty 78 taxing authority to adopt a tentative budget and 79 millage rate; providing clarifying and conforming 80 provisions; providing for notice via a publicly 81 accessible website of correction of a specified error 82 contained in a notice of proposed property taxes 83 mailed to taxpayers; amending s. 255.0525, F.S.; 84 providing for advertisement via a publicly accessible 85 website for the solicitation of competitive bids or 86 proposals for construction projects of a county, 87 municipality, or other political subdivision which are 88 projected to exceed specified costs; amending s. 89 380.06, F.S.; providing for publication of an 90 advertisement on a publicly accessible website of a 91 public hearing by a local government on an areawide 92 development of regional impact under the Florida 93 Environmental Land and Water Management Act of 1972; 94 amending s. 403.7049, F.S.; prescribing procedures for 95 fulfilling public disclosure system requirements with 96 respect to the duty of a municipality to disclose 97 costs for solid waste management; amending s. 403.973, 98 F.S.; redefining the term “duly noticed” to include 99 publication on a publicly accessible website; 100 providing conforming provisions; amending s. 420.9075, 101 F.S.; providing for advertisement of notice on a 102 publicly accessible website of funding availability 103 through a local housing assistance plan under the 104 State Housing Initiatives Partnership Act; providing 105 an effective date. 106 107 Be It Enacted by the Legislature of the State of Florida: 108 109 Section 1. Section 50.0311, Florida Statutes, is created to 110 read: 111 50.0311 Publication of advertisements and public notices on 112 a local government’s publicly accessible website and government 113 access channels.— 114 (1) For purposes of notices and advertisements required by 115 statute to be published by a local government, the term 116 “publicly accessible website” means a county or municipal 117 government’s official website that is accessible via the 118 Internet. 119 (2) If specifically authorized by ordinance, a local 120 government may use its website for legally required 121 advertisements and public notices if: 122 (a) A public library or other governmental facility 123 providing free access to the Internet during regular business 124 hours exists within the jurisdictional boundaries of such county 125 or municipality; 126 (b) The local government provides notice to its residents 127 at least once per year in a newspaper of general circulation, 128 the county or municipality’s newsletter or periodical, or 129 another publication that is mailed or delivered to all residents 130 or property owners throughout the local government’s 131 jurisdiction, indicating that residents may receive legally 132 required advertisements and public notices from the local 133 government by first-class mail or e-mail upon registering their 134 name and address or e-mail address with the local governmental 135 entity; and 136 (c) The local government maintains a registry of names, 137 addresses, and e-mail addresses of residents who request in 138 writing that they receive legally required advertisements and 139 public notices from the local government by first-class mail or 140 e-mail. 141 (3) Advertisements and public notices published on a 142 publicly accessible website shall be conspicuously placed on the 143 website’s homepage or accessible through a direct link from the 144 homepage. The advertisement shall indicate the date on which the 145 advertisement was first published on the publicly accessible 146 website. 147 (4) The local government that has a government access 148 channel authorized under s. 610.109 may also include on its 149 government access channel a summary of all advertisements and 150 public notices that are published on its website. 151 Section 2. Section 50.011, Florida Statutes, is amended to 152 read: 153 50.011 Where and in what language legal notices to be 154 published.—Whenever by statute an official or legal 155 advertisement or a publication, or notice in a newspaper has 156 been or is directed or permitted in the nature of or in lieu of 157 process, or for constructive service, or in initiating, 158 assuming, reviewing, exercising or enforcing jurisdiction or 159 power, or for any purpose, including all legal notices and 160 advertisements of sheriffs and tax collectors, the 161 contemporaneous and continuous intent and meaning of such 162 legislation all and singular, existing or repealed, is and has 163 been and is hereby declared to be and to have been, and the rule 164 of interpretation is and has been, a publication in a newspaper 165 printed and published periodically once a week or oftener, 166 containing at least 25 percent of its words in the English 167 language, entered or qualified to be admitted and entered as 168 periodicals matter at a post office in the county where 169 published, for sale to the public generally, available to the 170 public generally for the publication of official or other 171 notices and customarily containing information of a public 172 character or of interest or of value to the residents or owners 173 of property in the county where published, or of interest or of 174 value to the general public. Notwithstanding any provisions to 175 the contrary, and as specifically authorized by s. 50.0311, a 176 notice, advertisement, or publication on a publicly accessible 177 website of a local government in accordance with s. 50.0311 178 constitutes legal notice. 179 Section 3. Section 50.021, Florida Statutes, is amended to 180 read: 181 50.021 Publication when no newspaper in county.—When any 182 law, or order or decree of court, shall direct advertisements to 183 be made in any county and there be no newspaper published in the 184 said county, the advertisement may be made, in the case of a 185 county or municipality, by publishing such advertisement on a 186 publicly accessible website maintained by the entity responsible 187 for publication or posting three copies thereof in three 188 different places in said county, one of which shall be at the 189 front door of the courthouse, and by publication in the nearest 190 county in which a newspaper is published. 191 Section 4. Section 50.051, Florida Statutes, is amended to 192 read: 193 50.051 Proof of publication; form of uniform affidavit.—The 194 printed form upon which all such affidavits establishing proof 195 of publication in a newspaper are to be executed shall be 196 substantially as follows: 197 198 NAME OF NEWSPAPER 199 200 Published (Weekly or Daily) 201 202 (Town or City) (County) FLORIDA 203 204 STATE OF FLORIDA 205 206 COUNTY OF ....: 207 Before the undersigned authority personally appeared ...., 208 who on oath says that he or she is .... of the ...., a .... 209 newspaper published at .... in .... County, Florida; that the 210 attached copy of advertisement, being a .... in the matter of 211 .... in the .... Court, was published in said newspaper in the 212 issues of ..... 213 Affiant further says that the said .... is a newspaper 214 published at ...., in said .... County, Florida, and that the 215 said newspaper has heretofore been continuously published in 216 said .... County, Florida, each .... and has been entered as 217 periodicals matter at the post office in ...., in said .... 218 County, Florida, for a period of 1 year next preceding the first 219 publication of the attached copy of advertisement; and affiant 220 further says that he or she has neither paid nor promised any 221 person, firm or corporation any discount, rebate, commission or 222 refund for the purpose of securing this advertisement for 223 publication in the said newspaper. 224 225 Sworn to and subscribed before me this .... day of ...., 226 ...(year)..., by ...., who is personally known to me or who has 227 produced (type of identification) as identification. 228 229 ...(Signature of Notary Public)... 230 231 ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 232 233 ...(Notary Public)... 234 Section 5. Subsection (4) of section 50.061, Florida 235 Statutes, is amended to read: 236 50.061 Amounts chargeable.— 237 (4) All official public notices and legal advertisements 238 published in a newspaper shall be charged and paid for on the 239 basis of 6-point type on 6-point body, unless otherwise 240 specified by statute. 241 Section 6. Section 100.342, Florida Statutes, is amended to 242 read: 243 100.342 Notice of special election or referendum.—In any 244 special election or referendum not otherwise provided for there 245 shall be at least 30 days’ notice of the election or referendum 246 by publication in a newspaper of general circulation in the 247 county, district, or municipality, as the case may be, or, in 248 the case of a county or municipality, publication on a publicly 249 accessible website maintained by the local government 250 responsible for publication and published daily during the 5 251 weeks immediately preceding the election or referendum. If 252 advertised in the newspaper, the publication shall be made at 253 least twice, once in the fifth week and once in the third week 254 prior to the week in which the election or referendum is to be 255 held. If there is no newspaper of general circulation in the 256 county, district, or municipality and publication is not made on 257 a publicly accessible website maintained by the local government 258 responsible for publication, the notice shall be posted in no 259 fewerlessthan five places within the territorial limits of the 260 county, district, or municipality. 261 Section 7. Paragraph (a) of subsection (2) and paragraph 262 (b) of subsection (4) of section 125.66, Florida Statutes, are 263 amended to read: 264 125.66 Ordinances; enactment procedure; emergency 265 ordinances; rezoning or change of land use ordinances or 266 resolutions.— 267 (2)(a) The regular enactment procedure shall be as follows: 268 The board of county commissioners at any regular or special 269 meeting may enact or amend any ordinance, except as provided in 270 subsection (4), if notice of intent to consider such ordinance 271 is given at least 10 days before theprior to saidmeeting on a 272 publicly accessible website maintained by the county or by 273 publication in a newspaper of general circulation in the county. 274 If advertised on a publicly accessible website, the 275 advertisement shall be published daily during the 10 days 276 immediately preceding the meeting. A copy of such notice shall 277 be kept available for public inspection during the regular 278 business hours of the office of the clerk of the board of county 279 commissioners. The notice of proposed enactment shall state the 280 date, time, and place of the meeting; the title or titles of 281 proposed ordinances; and the place or places within the county 282 where such proposed ordinances may be inspected by the public. 283 The notice shall also advise that interested parties may appear 284 at the meeting and be heard with respect to the proposed 285 ordinance. 286 (4) Ordinances or resolutions, initiated by other than the 287 county, that change the actual zoning map designation of a 288 parcel or parcels of land shall be enacted pursuant to 289 subsection (2). Ordinances or resolutions that change the actual 290 list of permitted, conditional, or prohibited uses within a 291 zoning category, or ordinances or resolutions initiated by the 292 county that change the actual zoning map designation of a parcel 293 or parcels of land shall be enacted pursuant to the following 294 procedure: 295 (b) In cases in which the proposed ordinance or resolution 296 changes the actual list of permitted, conditional, or prohibited 297 uses within a zoning category, or changes the actual zoning map 298 designation of a parcel or parcels of land involving 10 299 contiguous acres or more, the board of county commissioners 300 shall provide for public notice and hearings as follows: 301 1. The board of county commissioners shall hold two 302 advertised public hearings on the proposed ordinance or 303 resolution. At least one hearing shall be held after 5 p.m. on a 304 weekday, unless the board of county commissioners, by a majority 305 plus one vote, elects to conduct that hearing at another time of 306 day. The first public hearing shall be held at least 7 days 307 after the day that the first advertisement is published. The 308 second hearing shall be held at least 10 days after the first 309 hearing and shall be advertised at least 5 days prior to the 310 public hearing. 311 2. The required newspaper advertisements shall be no less 312 than 2 columns wide by 10 inches long in a standard size or a 313 tabloid size newspaper, and the headline in the advertisement 314 shall be in a type no smaller than 18 point. The newspaper 315 advertisement shall not be placed in that portion of the 316 newspaper where legal notices and classified advertisements 317 appear. The newspaper advertisement shall be placed in a 318 newspaper of general paid circulation in the county and of 319 general interest and readership in the community pursuant to 320 chapter 50, not one of limited subject matter. It is the 321 legislative intent that, whenever possible, the newspaper 322 advertisement shall appear in a newspaper that is published at 323 least 5 days a week unless the only newspaper in the community 324 is published less than 5 days a week. The newspaper 325 advertisement shall be in substantially the following form: 326 327 NOTICE OF (TYPE OF) CHANGE 328 329 The ...(name of local governmental unit)... proposes to 330 adopt the following by ordinance or resolution:...(title of 331 ordinance or resolution).... 332 A public hearing on the ordinance or resolution will be 333 held on ...(date and time)... at ...(meeting place).... 334 335 Except for amendments which change the actual list of permitted, 336 conditional, or prohibited uses within a zoning category, the 337 advertisement shall contain a geographic location map which 338 clearly indicates the area within the local government covered 339 by the proposed ordinance or resolution. The map shall include 340 major street names as a means of identification of the general 341 area. 342 3. In lieu of publishing the advertisements set out in this 343 paragraph, the board of county commissioners may mail a notice 344 to each person owning real property within the area covered by 345 the ordinance or resolution. Such notice shall clearly explain 346 the proposed ordinance or resolution and shall notify the person 347 of the time, place, and location of both public hearings on the 348 proposed ordinance or resolution. 349 Section 8. Paragraph (b) of subsection (3) of section 350 129.03, Florida Statutes, is amended to read: 351 129.03 Preparation and adoption of budget.— 352 (3) No later than 15 days after certification of value by 353 the property appraiser pursuant to s. 200.065(1), the county 354 budget officer, after tentatively ascertaining the proposed 355 fiscal policies of the board for the ensuing fiscal year, shall 356 prepare and present to the board a tentative budget for the 357 ensuing fiscal year for each of the funds provided in this 358 chapter, including all estimated receipts, taxes to be levied, 359 and balances expected to be brought forward and all estimated 360 expenditures, reserves, and balances to be carried over at the 361 end of the year. 362 (b) Upon receipt of the tentative budgets and completion of 363 any revisions made by the board, the board shall prepare a 364 statement summarizing all of the adopted tentative budgets. This 365 summary statement shall show, for each budget and the total of 366 all budgets, the proposed tax millages, the balances, the 367 reserves, and the total of each major classification of receipts 368 and expenditures, classified according to the classification of 369 accounts prescribed by the appropriate state agency. The board 370 shall cause this summary statement to be advertised one time in 371 a newspaper of general circulation published in the county, on a 372 publicly accessible website maintained by the county, or by 373 posting at the courthouse door if there is no such newspaper or 374 website, and the advertisement shall appear adjacent to the 375 advertisement required pursuant to s. 200.065. 376 Section 9. Paragraph (f) of subsection (2) of section 377 129.06, Florida Statutes, is amended to read: 378 129.06 Execution and amendment of budget.— 379 (2) The board at any time within a fiscal year may amend a 380 budget for that year, and may within the first 60 days of a 381 fiscal year amend the budget for the prior fiscal year, as 382 follows: 383 (f) If an amendment to a budget is required for a purpose 384 not specifically authorized in paragraphs (a)-(e), unless 385 otherwise prohibited by law, the amendment may be authorized by 386 resolution or ordinance of the board of county commissioners 387 adopted following a public hearing.The public hearing must be388advertised at least 2 days, but not more than 5 days, before the389date of the hearing.The advertisement must appear on a publicly 390 accessible website maintained by the county or in a newspaper of 391 paid general circulation and must identify the name of the 392 taxing authority, the date, place, and time of the hearing, and 393 the purpose of the hearing. If advertised in the newspaper, the 394 public hearing must be advertised at least 2 days, but not more 395 than 5 days, before the date of the hearing. If advertised on a 396 publicly accessible website, the notice must be published daily 397 during the 5 days immediately preceding the hearing. The 398 advertisement must also identify each budgetary fund to be 399 amended, the source of the funds, the use of the funds, and the 400 total amount of each budget. 401 Section 10. Section 153.79, Florida Statutes, is amended to 402 read: 403 153.79 Contracts for construction of improvements, sealed 404 bids.—All contracts let, awarded, or entered into by the 405 district for the construction, reconstruction, or acquisition or 406 improvement of a water system or a sewer system or both or any 407 part thereof, if the amount thereof shall exceed $1,000, shall 408 be awarded only after public advertisement and call for sealed 409 bids therefor on a publicly accessible website maintained by the 410 county or,in a newspaper published in the county circulating in 411 the district, or, if there isbeno such website or newspaper, 412thenin a newspaper published in the state and circulating in 413 the district. If advertised in the newspaper, such advertisement 414 shalltobe published at least once at least 3 weeks before the 415 date set for the receipt of such bids. If advertised on a 416 publicly accessible website, such advertisement shall be 417 published daily during the 3 weeks immediately preceding the 418 date set for the receipt of such bids. Such advertisements for 419 bids in addition to the other necessary and pertinent matter 420 shall state in general terms the nature and description of the 421 improvement or improvements to be undertaken and shall state 422 that detailed plans and specifications for such work are on file 423 for inspection in the office of the district clerk and copies 424 thereof shall be furnished to any interested party upon payment 425 of reasonable charges to reimburse the district for its expenses 426 in providing such copies. The award shall be made to the 427 responsible and competent bidder or bidders who shall offer to 428 undertake the improvements at the lowest cost to the district 429 and such bidder or bidders shall be required to file bond for 430 the full and faithful performance of such work and the execution 431 of any such contract in such amount as the district board shall 432 determine, and in all other respects the letting of such 433 construction contracts shall comply with applicable provisions 434 of the general laws relating to the letting of public contracts. 435 Nothing in this section shall be deemed to prevent the district 436 from hiring or retaining such consulting engineers, attorneys, 437 financial experts or other technicians as it shall determine, in 438 its discretion, or from undertaking any construction work with 439 its own resources, without any such public advertisement. 440 Section 11. Section 159.32, Florida Statutes, is amended to 441 read: 442 159.32 Construction contracts.—Contracts for the 443 construction of the project may be awarded by the local agency 444 in such manner as in its judgment will best promote free and 445 open competition, including advertisement for competitive bids 446 in a newspaper of general circulation within the boundaries of 447 the local agency or on a publicly accessible website maintained 448 by the county; however, if the local agency shall determine that 449 the purposes of this part will be more effectively served, the 450 local agency in its discretion may award or cause to be awarded 451 contracts for the construction of any project, or any part 452 thereof, upon a negotiated basis as determined by the local 453 agency. The local agency shall prescribe bid security 454 requirements and other procedures in connection with the award 455 of such contracts as in its judgment shall protect the public 456 interest. The local agency may by written contract engage the 457 services of the lessee, purchaser, or prospective lessee or 458 purchaser of any project in the construction of the project and 459 may provide in the contract that the lessee, purchaser, or 460 prospective lessee or purchaser may act as an agent of, or an 461 independent contractor for, the local agency for the performance 462 of the functions described therein, subject to such conditions 463 and requirements consistent with the provisions of this part as 464 shall be prescribed in the contract, including functions such as 465 the acquisition of the site and other real property for the 466 project; the preparation of plans, specifications, and contract 467 documents; the award of construction and other contracts upon a 468 competitive or negotiated basis; the construction of the 469 project, or any part thereof, directly by the lessee, purchaser, 470 or prospective lessee or purchaser; the inspection and 471 supervision of construction; the employment of engineers, 472 architects, builders, and other contractors; and the provision 473 of money to pay the cost thereof pending reimbursement by the 474 local agency. Any such contract may provide that the local 475 agency may, out of proceeds of bonds, make advances to or 476 reimburse the lessee, purchaser, or prospective lessee or 477 purchaser for its costs incurred in the performance of those 478 functions, and shall set forth the supporting documents required 479 to be submitted to the local agency and the reviews, 480 examinations, and audits that shall be required in connection 481 therewith to assure compliance with the provisions of this part 482 and the contract. 483 Section 12. Paragraph (a) of subsection (2) of section 484 162.12, Florida Statutes, is amended to read: 485 162.12 Notices.— 486 (2) In addition to providing notice as set forth in 487 subsection (1), at the option of the code enforcement board, 488 notice may also be served by publication or posting, as follows: 489 (a)1. Such notice shall be published once during each week 490 for 4 consecutive weeks (four publications being sufficient) in 491 a newspaper of general circulation in the county where the code 492 enforcement board is located or daily during the 4 weeks 493 immediately preceding the hearing on a publicly accessible 494 website maintained by the local government. The website and 495 newspaper shall meet such requirements as are prescribed under 496 chapter 50 for legal and official advertisements. 497 2. Proof of newspaper publication shall be made as provided 498 in ss. 50.041 and 50.051. 499 500 Evidence that an attempt has been made to hand deliver or mail 501 notice as provided in subsection (1), together with proof of 502 publication or posting as provided in subsection (2), shall be 503 sufficient to show that the notice requirements of this part 504 have been met, without regard to whether or not the alleged 505 violator actually received such notice. 506 Section 13. Paragraph (b) of subsection (15) and paragraph 507 (c) of subsection (16) of section 163.3184, Florida Statutes, 508 are amended to read: 509 163.3184 Process for adoption of comprehensive plan or plan 510 amendment.— 511 (15) PUBLIC HEARINGS.— 512 (b) The local governing body shall hold at least two 513 advertised public hearings on the proposed comprehensive plan or 514 plan amendment as follows: 515 1. The first public hearing shall be held at the 516 transmittal stage pursuant to subsection (3). It shall be held 517 on a weekday at least 7 days after the day that the first 518 advertisement is published or after the notice of the first 519 public hearing is initially published on the publicly accessible 520 website. 521 2. The second public hearing shall be held at the adoption 522 stage pursuant to subsection (7). It shall be held on a weekday 523 at least 5 days after the day that the second advertisement is 524 published or after the notice of the second public hearing is 525 initially published on the publicly accessible website. 526 (16) COMPLIANCE AGREEMENTS.— 527 (c) BeforePrior toits execution of a compliance 528 agreement, the local government must approve the compliance 529 agreement at a public hearing advertised at least 10 days before 530 the public hearing in a newspaper of general circulation in the 531 area or daily during the 10 days immediately preceding the 532 hearing on a publicly accessible website maintained by the local 533 government in accordance with the advertisement requirements of 534 subsection (15). 535 Section 14. Paragraphs (a) and (c) of subsection (3) of 536 section 166.041, Florida Statutes, are amended to read: 537 166.041 Procedures for adoption of ordinances and 538 resolutions.— 539 (3)(a) Except as provided in paragraph (c), a proposed 540 ordinance may be read by title, or in full, on at least 2 541 separate days and shall, at least 10 days beforeprior to542 adoption, be noticed once in a newspaper of general circulation 543 in the municipality or noticed daily during the 10 days 544 immediately preceding the adoption on a publicly accessible 545 website maintained by the municipality. The notice of proposed 546 enactment shall state the date, time, and place of the meeting; 547 the title or titles of proposed ordinances; and the place or 548 places within the municipality where such proposed ordinances 549 may be inspected by the public. The notice shall also advise 550 that interested parties may appear at the meeting and be heard 551 with respect to the proposed ordinance. 552 (c) Ordinances initiated by other than the municipality 553 that change the actual zoning map designation of a parcel or 554 parcels of land shall be enacted pursuant to paragraph (a). 555 Ordinances that change the actual list of permitted, 556 conditional, or prohibited uses within a zoning category, or 557 ordinances initiated by the municipality that change the actual 558 zoning map designation of a parcel or parcels of land shall be 559 enacted pursuant to the following procedure: 560 1. In cases in which the proposed ordinance changes the 561 actual zoning map designation for a parcel or parcels of land 562 involving less than 10 contiguous acres, the governing body 563 shall direct the clerk of the governing body to notify by mail 564 each real property owner whose land the municipality will 565 redesignate by enactment of the ordinance and whose address is 566 known by reference to the latest ad valorem tax records. The 567 notice shall state the substance of the proposed ordinance as it 568 affects that property owner and shall set a time and place for 569 one or more public hearings on such ordinance. Such notice shall 570 be given at least 30 days prior to the date set for the public 571 hearing, and a copy of the notice shall be kept available for 572 public inspection during the regular business hours of the 573 office of the clerk of the governing body. The governing body 574 shall hold a public hearing on the proposed ordinance and may, 575 upon the conclusion of the hearing, immediately adopt the 576 ordinance. 577 2. In cases in which the proposed ordinance changes the 578 actual list of permitted, conditional, or prohibited uses within 579 a zoning category, or changes the actual zoning map designation 580 of a parcel or parcels of land involving 10 contiguous acres or 581 more, the governing body shall provide for public notice and 582 hearings as follows: 583 a. The local governing body shall hold two advertised 584 public hearings on the proposed ordinance. At least one hearing 585 shall be held after 5 p.m. on a weekday, unless the local 586 governing body, by a majority plus one vote, elects to conduct 587 that hearing at another time of day. The first public hearing 588 shall be held at least 7 days after the day that the first 589 advertisement is published. The second hearing shall be held at 590 least 10 days after the first hearing and shall be advertised at 591 least 5 days prior to the public hearing. 592 b. The required newspaper advertisements shall be no less 593 than 2 columns wide by 10 inches long in a standard size or a 594 tabloid size newspaper, and the headline in the advertisement 595 shall be in a type no smaller than 18 point. The newspaper 596 advertisement shall not be placed in that portion of the 597 newspaper where legal notices and classified advertisements 598 appear. The newspaper advertisement shall be placed in a 599 newspaper of general paid circulation in the municipality and of 600 general interest and readership in the municipality, not one of 601 limited subject matter, pursuant to chapter 50. It is the 602 legislative intent that, whenever possible, the newspaper 603 advertisement appear in a newspaper that is published at least 5 604 days a week unless the only newspaper in the municipality is 605 published less than 5 days a week. The newspaper advertisement 606 shall be in substantially the following form: 607 608 NOTICE OF (TYPE OF) CHANGE 609 610 The ...(name of local governmental unit)... proposes to 611 adopt the following ordinance:...(title of the ordinance).... 612 A public hearing on the ordinance will be held on ...(date 613 and time)... at ...(meeting place).... 614 615 Except for amendments which change the actual list of permitted, 616 conditional, or prohibited uses within a zoning category, the 617 advertisement shall contain a geographic location map which 618 clearly indicates the area covered by the proposed ordinance. 619 The map shall include major street names as a means of 620 identification of the general area. 621 c. In lieu of publishing the advertisement set out in this 622 paragraph, the municipality may mail a notice to each person 623 owning real property within the area covered by the ordinance. 624 Such notice shall clearly explain the proposed ordinance and 625 shall notify the person of the time, place, and location of any 626 public hearing on the proposed ordinance. 627 Section 15. Section 170.05, Florida Statutes, is amended to 628 read: 629 170.05 Publication of resolution.—Upon the adoption of the 630 resolution provided for in s. 170.03, the municipality shall 631 cause said resolution to be published on a publicly accessible 632 website maintained by the municipality or one time in a 633 newspaper of general circulation published in said municipality, 634 and if there isbeno website or newspaper published in said 635 municipality, the governing authority of said municipality shall 636 cause said resolution to be published once a week for a period 637 of 2 weeks in a newspaper of general circulation published in 638 the county in which said municipality is located. 639 Section 16. Section 170.07, Florida Statutes, is amended to 640 read: 641 170.07 Publication of preliminary assessment roll.—Upon the 642 completion of said preliminary assessment roll, the governing 643 authority of the municipality shall by resolution fix a time and 644 place at which the owners of the property to be assessed or any 645 other persons interested therein may appear before said 646 governing authority and be heard as to the propriety and 647 advisability of making such improvements, as to the cost 648 thereof, as to the manner of payment therefor, and as to the 649 amount thereof to be assessed against each property so improved. 650 Thirty days’ notice in writing of such time and place shall be 651 given to such property owners. The notice shall include the 652 amount of the assessment and shall be served by mailing a copy 653 to each of such property owners at his or her last known 654 address, the names and addresses of such property owners to be 655 obtained from the records of the property appraiser or from such 656 other sources as the city or town clerk or engineer deems 657 reliable, proof of such mailing to be made by the affidavit of 658 the clerk or deputy clerk of said municipality, or by the 659 engineer, said proof to be filed with the clerk, provided, that 660 failure to mail said notice or notices shall not invalidate any 661 of the proceedings hereunder. Notice of the time and place of 662 such hearing shall also be given by two publications a week 663 apart in a newspaper of general circulation in said municipality 664 or by publication daily for 2 weeks on a publicly accessible 665 website maintained by the municipality, and if there isbeno 666 website or newspaper published in said municipality, the 667 governing authority of said municipality shall cause said notice 668 to be published in like manner in a newspaper of general 669 circulation published in the county in which said municipality 670 is located; provided that the last publication shall be at least 671 1 week beforeprior tothe date of the hearing. Said notice 672 shall describe the streets or other areas to be improved and 673 advise all persons interested that the description of each 674 property to be assessed and the amount to be assessed to each 675 piece or parcel of property may be ascertained at the office of 676 the clerk of the municipality. Such service by publication shall 677 be verified by the affidavit of the publisher and filed with the 678 clerk of said municipality. 679 Section 17. Subsection (1) of section 180.24, Florida 680 Statutes, is amended to read: 681 180.24 Contracts for construction; bond; publication of 682 notice; bids.— 683 (1) Any municipality desiring the accomplishment of any or 684 all of the purposes of this chapter may make contracts for the 685 construction of any of the utilities mentioned in this chapter, 686 or any extension or extensions to any previously constructed 687 utility, which said contracts shall be in writing, and the 688 contractor shall be required to give bond, which said bond shall 689 be executed by a surety company authorized to do business in the 690 state; provided, however, construction contracts in excess of 691 $25,000 shall be advertised by the publication of a notice in a 692 newspaper of general circulation in the county in which said 693 municipality is located at least once each week for 2 694 consecutive weeks, by publication daily for 2 weeks on a 695 publicly accessible website maintained by the municipality, or 696 by posting three notices in three conspicuous places in said 697 municipality, one of which shall be on the door of the city 698 hall; and that at least 10 days shall elapse between the date of 699 the first publication or posting of such notice and the date of 700 receiving bids and the execution of such contract documents. For 701 municipal construction projects identified in s. 255.0525, the 702 notice provision of that section supersedes and replaces the 703 notice provisions in this section. 704 Section 18. Paragraph (a) of subsection (3) of section 705 197.3632, Florida Statutes, is amended to read: 706 197.3632 Uniform method for the levy, collection, and 707 enforcement of non-ad valorem assessments.— 708 (3)(a) Notwithstanding any other provision of law to the 709 contrary, a local government which is authorized to impose a 710 non-ad valorem assessment and which elects to use the uniform 711 method of collecting such assessment for the first time as 712 authorized in this section shall adopt a resolution at a public 713 hearing beforeprior toJanuary 1 or, if the property appraiser, 714 tax collector, and local government agree, March 1. The 715 resolution shall clearly state its intent to use the uniform 716 method of collecting such assessment. The local government shall 717 publish notice of its intent to use the uniform method for 718 collecting such assessment weekly in a newspaper of general 719 circulation within each county contained in the boundaries of 720 the local government for 4 consecutive weeks preceding the 721 hearing or, in the case of a county or municipality, daily 722 during the 4 consecutive weeks immediately preceding the hearing 723 on a publicly accessible website maintained by the county or 724 municipality. The resolution shall state the need for the levy 725 and shall include a legal description of the boundaries of the 726 real property subject to the levy. If the resolution is adopted, 727 the local governing board shall send a copy of it by United 728 States mail to the property appraiser, the tax collector, and 729 the department by January 10 or, if the property appraiser, tax 730 collector, and local government agree, March 10. 731 Section 19. Paragraph (d) of subsection (2), paragraph (g) 732 of subsection (3), paragraph (b) of subsection (12), and 733 paragraph (a) of subsection (14) of section 200.065, Florida 734 Statutes, are amended to read: 735 200.065 Method of fixing millage.— 736 (2) No millage shall be levied until a resolution or 737 ordinance has been approved by the governing board of the taxing 738 authority which resolution or ordinance must be approved by the 739 taxing authority according to the following procedure: 740 (d) Within 15 days after the meeting adopting the tentative 741 budget, the taxing authority shall advertise in a newspaper of 742 general circulation in the county as provided in subsection (3),743 its intent to finally adopt a millage rate and budget or, in the 744 case of a county or municipality, may advertise on its publicly 745 accessible website its intent to finally adopt a millage rate 746 and budget, and shall maintain the notice on its website until 747 completion of the hearing. If advertised in a newspaper, a 748 public hearing to finalize the budget and adopt a millage rate 749 shall be held not less than 2 days nor more than 5 days after 750 the day that the advertisement is first published. During the 751 hearing, the governing body of the taxing authority shall amend 752 the adopted tentative budget as it sees fit, adopt a final 753 budget, and adopt a resolution or ordinance stating the millage 754 rate to be levied. The resolution or ordinance shall state the 755 percent, if any, by which the millage rate to be levied exceeds 756 the rolled-back rate computed pursuant to subsection (1), which 757 shall be characterized as the percentage increase in property 758 taxes adopted by the governing body. The adoption of the budget 759 and the millage-levy resolution or ordinance shall be by 760 separate votes. For each taxing authority levying millage, the 761 name of the taxing authority, the rolled-back rate, the 762 percentage increase, and the millage rate to be levied shall be 763 publicly announced beforeprior tothe adoption of the millage 764 levy resolution or ordinance.In no event mayThe millage rate 765 adopted pursuant to this paragraph may not exceed the millage 766 rate tentatively adopted pursuant to paragraph (c). If the rate 767 tentatively adopted pursuant to paragraph (c) exceeds the 768 proposed rate provided to the property appraiser pursuant to 769 paragraph (b), or as subsequently adjusted pursuant to 770 subsection (11), each taxpayer within the jurisdiction of the 771 taxing authority shall be sent notice by first-class mail of his 772 or her taxes under the tentatively adopted millage rate and his 773 or her taxes under the previously proposed rate. The notice must 774 be prepared by the property appraiser, at the expense of the 775 taxing authority, and must generally conform to the requirements 776 of s. 200.069. If such additional notice is necessary, its 777 mailing must precede the hearing held pursuant to this paragraph 778 by not less than 10 days and not more than 15 days. 779 (3) The advertisement shall be no less than one-quarter 780 page in size of a standard size or a tabloid size newspaper, and 781 the headline in the advertisement shall be in a type no smaller 782 than 18 point. The advertisement shall not be placed in that 783 portion of the newspaper where legal notices and classified 784 advertisements appear. The advertisement shall be published in a 785 newspaper of general paid circulation in the county or in a 786 geographically limited insert of such newspaper. The geographic 787 boundaries in which such insert is circulated shall include the 788 geographic boundaries of the taxing authority. It is the 789 legislative intent that, whenever possible, the advertisement 790 appear in a newspaper that is published at least 5 days a week 791 unless the only newspaper in the county is published less than 5 792 days a week, or that the advertisement appear in a 793 geographically limited insert of such newspaper which insert is 794 published throughout the taxing authority’s jurisdiction at 795 least twice each week. It is further the legislative intent that 796 the newspaper selected be one of general interest and readership 797 in the community and not one of limited subject matter, pursuant 798 to chapter 50. 799 (g) IfIn the event thatthe mailing of the notice of 800 proposed property taxes is delayed beyond September 3 in a 801 county, any multicounty taxing authority which levies ad valorem 802 taxes within that county shall advertise its intention to adopt 803 a tentative budget and millage rate on a publicly accessible 804 website maintained by the taxing authority or in a newspaper of 805 paid general circulation within that county, as provided in this 806 subsection, and shall hold the hearing required pursuant to 807 paragraph (2)(c). If advertised in the newspaper, the hearing 808 shall be held not less than 2 days or more than 5 days 809 thereafter, and not later than September 18. If advertised on 810 the website, the hearing shall be held not less than 2 days 811 after initial publication of the advertisement on the website 812 and not later than September 18, and shall remain on the website 813 until the date of the hearing. The advertisement shall be in the 814 following form, unless the proposed millage rate is less than or 815 equal to the rolled-back rate, computed pursuant to subsection 816 (1), in which case the advertisement shall be as provided in 817 paragraph (e): 818 NOTICE OF TAX INCREASE 819 820 The ...(name of the taxing authority)... proposes to 821 increase its property tax levy by ...(percentage of increase 822 over rolled-back rate)... percent. 823 All concerned citizens are invited to attend a public 824 hearing on the proposed tax increase to be held on ...(date and 825 time)... at ...(meeting place).... 826 (12) The time periods specified in this section shall be 827 determined by using the date of certification of value pursuant 828 to subsection (1) or July 1, whichever date is later, as day 1. 829 The time periods shall be considered directory and may be 830 shortened, provided: 831 (b) Any public hearing preceded by a newspaper 832 advertisement is held not less than 2 days or more than 5 days 833 following publication of such advertisement and any public 834 hearing preceded by advertisement on a website advertisement is 835 held not less than 2 days after initial publication; and 836 (14)(a) If the notice of proposed property taxes mailed to 837 taxpayers under this section contains an error, the property 838 appraiser, in lieu of mailing a corrected notice to all 839 taxpayers, may correct the error by mailing a short form of the 840 notice to those taxpayers affected by the error and its 841 correction. The notice shall be prepared by the property 842 appraiser at the expense of the taxing authority which caused 843 the error or at the property appraiser’s expense if he or she 844 caused the error. The form of the notice must be approved by the 845 executive director of the Department of Revenue or the executive 846 director’s designee. If the error involves only the date and 847 time of the public hearings required by this section, the 848 property appraiser, with the permission of the taxing authority 849 affected by the error, may correct the error by advertising the 850 corrected information on a publicly accessible website 851 maintained by the taxing authority or in a newspaper of general 852 circulation in the county as provided in subsection (3). 853 Section 20. Subsection (2) of section 255.0525, Florida 854 Statutes, is amended to read: 855 255.0525 Advertising for competitive bids or proposals.— 856 (2) The solicitation of competitive bids or proposals for 857 any county, municipality, or other political subdivision 858 construction project that is projected to cost more than 859 $200,000 shall be publicly advertised at least once in a 860 newspaper of general circulation in the county where the project 861 is located at least 21 days beforeprior tothe established bid 862 opening and at least 5 days beforeprior toany scheduled prebid 863 conference, or advertised daily during the 21-day period 864 immediately preceding the established bid opening date and daily 865 during the 5-day period immediately preceding any scheduled 866 prebid conference on a publicly accessible website maintained by 867 the entity responsible for publication. The solicitation of 868 competitive bids or proposals for any county, municipality, or 869 other political subdivision construction project that is 870 projected to cost more than $500,000 shall be publicly 871 advertised at least once in a newspaper of general circulation 872 in the county where the project is located at least 30 days 873 beforeprior tothe established bid opening and at least 5 days 874 beforeprior toany scheduled prebid conference, or advertised 875 daily during the 30-day period immediately preceding the 876 established bid opening date and daily during the 5-day period 877 immediately preceding any scheduled prebid conference on a 878 publicly accessible website. Bids or proposals shall be received 879 and opened at the location, date, and time established in the 880 bid or proposal advertisement. In cases of emergency, the 881 procedures required in this section may be altered by the local 882 governmental entity in any manner that is reasonable under the 883 emergency circumstances. 884 Section 21. Paragraph (e) of subsection (25) of section 885 380.06, Florida Statutes, is amended to read: 886 380.06 Developments of regional impact.— 887 (25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.— 888 (e) The local government shall schedule a public hearing 889 within 60 days after receipt of the petition. The public hearing 890 shall be advertised at least 30 days beforeprior tothe 891 hearing. In addition to the public hearing notice by the local 892 government, the petitioner, except when the petitioner is a 893 local government, shall provide actual notice to each person 894 owning land within the proposed areawide development plan at 895 least 30 days beforeprior tothe hearing. If the petitioner is 896 a local government, or local governments pursuant to an 897 interlocal agreement, notice of the public hearing shall be 898 provided by the publication of an advertisement on a publicly 899 accessible website maintained by the county or municipality 900 responsible for publication or in a newspaper of general 901 circulation that meets the requirements of this paragraph. The 902 newspaper advertisement must be no less than one-quarter page in 903 a standard size or tabloid size newspaper, and the headline in 904 the newspaper advertisement must be in type no smaller than 18 905 point. The newspaper advertisement mayshallnot be published in 906 that portion of the newspaper where legal notices and classified 907 advertisements appear. The advertisement must be published on a 908 publicly accessible website maintained by the county or 909 municipality responsible for publication or in a newspaper of 910 general paid circulation in the county and of general interest 911 and readership in the community, not one of limited subject 912 matter, pursuant to chapter 50. Whenever possible, the newspaper 913 advertisement must appear in a newspaper that is published at 914 least 5 days a week, unless the only newspaper in the community 915 is published less than 5 days a week. The advertisement must be 916 in substantially the form used to advertise amendments to 917 comprehensive plans pursuant to s. 163.3184. The local 918 government shall specifically notify in writing the regional 919 planning agency and the state land planning agency at least 30 920 days beforeprior tothe public hearing. At the public hearing, 921 all interested parties may testify and submit evidence regarding 922 the petitioner’s qualifications, the need for and benefits of an 923 areawide development of regional impact, and such other issues 924 relevant to a full consideration of the petition. If more than 925 one local government has jurisdiction over the defined planning 926 area in an areawide development plan, the local governments 927 shall hold a joint public hearing. Such hearing shall address, 928 at a minimum, the need to resolve conflicting ordinances or 929 comprehensive plans, if any. The local government holding the 930 joint hearing shall comply with the following additional 931 requirements: 932 1. The notice of the hearing shall be published at least 60 933 days in advance of the hearing and shall specify where the 934 petition may be reviewed. 935 2. The notice shall be given to the state land planning 936 agency, to the applicable regional planning agency, and to such 937 other persons as may have been designated by the state land 938 planning agency as entitled to receive such notices. 939 3. A public hearing date shall be set by the appropriate 940 local government at the next scheduled meeting. 941 Section 22. Subsection (2) of section 403.7049, Florida 942 Statutes, is amended to read: 943 403.7049 Determination of full cost for solid waste 944 management; local solid waste management fees.— 945 (2)(a) Each municipality shall establish a system to 946 inform, no less than once a year, residential and nonresidential 947 users of solid waste management services within the 948 municipality’s service area of the user’s share, on an average 949 or individual basis, of the full cost for solid waste management 950 as determined pursuant to subsection (1). Counties shall provide 951 the information required of municipalities only to residential 952 and nonresidential users of solid waste management services 953 within the county’s service area that are not served by a 954 municipality. Municipalities shall include costs charged to them 955 or persons contracting with them for disposal of solid waste in 956 the full cost information provided to residential and 957 nonresidential users of solid waste management services. 958 (b) The public disclosure system requirements of this 959 section shall be fulfilled by meeting one of the following: 960 1. By mailing a copy of the full cost information to each 961 residential and nonresidential user of solid waste management 962 service within the solid waste management service area of the 963 county or municipality; 964 2. By enclosing a copy of the full cost information in or 965 with a bill sent to each residential and nonresidential user of 966 solid waste management services within the service area of the 967 county or municipality; 968 3. By publishing a copy of the full cost information in a 969 newspaper of general circulation within the county. Such notice 970 shall be a display advertisement not less than one-quarter page 971 in size; or 972 4. By advertising a copy of the full cost information daily 973 for at least two consecutive weeks on a publicly accessible 974 website maintained by the municipality. 975 (c)(b)Counties and municipalities are encouraged to 976 operate their solid waste management systems through use of an 977 enterprise fund. 978 Section 23. Paragraph (a) of subsection (2) of section 979 403.973, Florida Statutes, is amended to read: 980 403.973 Expedited permitting; amendments to comprehensive 981 plans.— 982 (2) As used in this section, the term: 983 (a) “Duly noticed” means publication on a publicly 984 accessible website maintained by the municipality or county 985 having jurisdiction or in a newspaper of general circulation in 986 the municipality or county havingwithjurisdiction. If 987 published in a newspaper, the notice shall appear on at least 2 988 separate days, one of which shall be at least 7 days before the 989 meeting. If published on a publicly accessible website, the 990 notice shall appear daily during the 7 days immediately 991 preceding the meeting. The notice shall state the date, time, 992 and place of the meeting scheduled to discuss or enact the 993 memorandum of agreement, and the places within the municipality 994 or county where such proposed memorandum of agreement may be 995 inspected by the public. The newspaper notice must be one-eighth 996 of a page in size and must be published in a portion of the 997 paper other than the legal notices section. The notice shall 998 also advise that interested parties may appear at the meeting 999 and be heard with respect to the memorandum of agreement. 1000 Section 24. Paragraph (b) of subsection (4) of section 1001 420.9075, Florida Statutes, is amended to read: 1002 420.9075 Local housing assistance plans; partnerships.— 1003 (4) Each local housing assistance plan is governed by the 1004 following criteria and administrative procedures: 1005 (b) The county or eligible municipality or its 1006 administrative representative shall advertise the notice of 1007 funding availability in a newspaper of general circulation and 1008 periodicals serving ethnic and diverse neighborhoods, at least 1009 30 days before the beginning of the application period or daily 1010 during the 30 days immediately preceding the application period 1011 on a publicly accessible website maintained by the county or 1012 eligible municipality. If no funding is available due to a 1013 waiting list, no notice of funding availability is required. 1014 Section 25. This act shall take effect October 1, 2011.