HB 7 — Legal Notices
Last action — Died in Judiciary
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Legal Notices; Provides for website publication of legal notices; provides criteria for such publication; authorizes fiscally constrained county to use publicly accessible website to publish legally required advertisements & public notices; requires government agency to provide specified notice to residents concerning alternative methods of receiving legal notices.
Bill Text
What changed in the latest version
489 added · 651 removed489 line(s) added, 651 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 A bill to be entitled An act relating to legal notices;
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hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 83.806, F.S.;
50.011 Publication of Where and in what language legal notices to be published.—Whenever by statute an official or legal advertisement or a publication, or notice in a newspaper or governmental agency website has been or is directed or permitted in the nature of or in lieu of process, or for constructive service, or in initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, or for any purpose, including all legal notices and advertisements of sheriffs and tax collectors, the contemporaneous and continuous intent and meaning of such legislation all and singular, existing or repealed, is and has been and is hereby declared to Page 2 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 be and to have been, and the rule of interpretation is and has been the following:, (1) A publication in a newspaper printed and published periodically at least once a week or oftener, containing at least 25 percent of its words in the English language, entered or qualified to be admitted and entered as periodicals matter at a post office in the county where published, for sale to the public generally, available to the public generally for the publication of official or other notices and customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public;
50.0311 or made by posting three copies thereof in three different places in the said county, one of which shall be at the front door of the courthouse, and by publication in the Page 3 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 nearest county in which a newspaper is published.
(3)(a) If a legal notice is published in a newspaper, the newspaper publishing the notice shall place the notice on the Page 4 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 statewide website established and maintained as an initiative of the Florida Press Association as a repository for such notices located at the following address:
50.031 Newspapers in which legal notices and process may be published.—If a governmental agency publishes a legal notice in a newspaper, no notice or publication required to be published in a newspaper in the nature of or in lieu of process of any kind, nature, character or description provided for under any law of the state, whether heretofore or hereafter enacted, and whether pertaining to constructive service, or the initiating, assuming, reviewing, exercising or enforcing Page 5 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 jurisdiction or power, by any court in this state, or any notice of sale of property, real or personal, for taxes, state, county or municipal, or sheriff's, guardian's or administrator's or any sale made pursuant to any judicial order, decree or statute or any other publication or notice pertaining to any affairs of the state, or any county, municipality or other political subdivision thereof, shall be deemed to have been published in accordance with the statutes providing for such publication, unless the same shall have been published for the prescribed period of time required for such publication, in a newspaper which at the time of such publication shall have been in existence for 1 year and shall have been entered as periodicals matter at a post office in the county where published, or in a newspaper which is a direct successor of a newspaper which together have been so published;
Section 50.0311, Florida Statutes, is created Page 6 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 to read:
(4) A governmental agency in a county that is not a fiscally constrained county may use a publicly accessible website to publish legally required advertisements and public notices if the cost of publishing advertisements and public notices on a website is less than the cost of publishing Page 7 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 advertisements and public notices in a newspaper.
(6) A governmental agency that uses a publicly accessible website to publish legally required advertisements and public notices shall provide notice at least once per year in a newspaper of general circulation or another publication that is mailed or delivered to all residents and property owners throughout the government's jurisdiction, indicating that property owners and residents may receive legally required advertisements and public notices from the government agency by Page 8 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 first-class mail or e-mail upon registering their name and address or e-mail address with the governmental agency.
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hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 (2) Each such affidavit shall be printed upon white paper and shall be 8 1/2 inches in width and of convenient length, not less than 5 1/2 inches.
NAME OF COUNTY NEWSPAPER Published (Weekly or Daily) Page 10 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 (Town or City) (County) FLORIDA STATE OF FLORIDA COUNTY OF ....:
day of ...., ...(year)..., by ...., who is personally known to me or who has Page 11 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 produced (type of identification) as identification.
50.011 shall be designated as the record newspaper for such publication by an order of the majority of the judges in the judicial circuit in which such county is located, and such order shall be Page 12 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 filed and recorded with the clerk of the circuit court for such county.
83.806 Enforcement of lien.—An owner's lien as provided in Page 13 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 s.
(c) If there is no newspaper of general circulation in the Page 14 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 area where the self-service storage facility or self-contained storage unit is located, the advertisement shall be posted at least 10 days before the date of the sale or other disposition in at least three conspicuous places in the neighborhood where the self-service storage facility or self-contained storage unit is located or published continuously for 14 consecutive days on a public website that customarily conducts personal property auctions.
11.065 shall be by publishing the identical notice in each county involved in some newspaper as provided defined in chapter 50 published in or circulated throughout the county or counties where the matter or thing to be affected by such legislation shall be situated one time at least 30 days before introduction of the proposed law into the Legislature or, if the notice is not posted on a publicly accessible website as provided in chapter 50 and there being no newspaper circulated throughout or published in the county, by posting for at least 30 days at not less than three public places in the county or each of the counties, one of which places shall be at the courthouse in the county or counties where the matter or thing to be affected by such Page 15 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 legislation shall be situated.
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hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 (d) The caption of the action.
Paragraphs (b) and (h) of subsection (1) of Page 17 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 section 121.055, Florida Statutes, are amended to read:
for local agencies with 100 or more regularly established positions, additional nonelective full-time positions may be designated, not to exceed 1 percent of the Page 18 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 regularly established positions within the agency.
If the employee elects to participate in the investment Page 19 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 plan, membership shall be prospective, and the applicable provisions of s.
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hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 (h)1.
for agencies with 200 or more Page 21 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 regularly established positions under the state attorney or public defender, additional nonelective full-time positions may be designated, not to exceed 0.5 percent of the regularly established positions within the agency.
In lieu of participation in the Senior Management Service Class, such members, excluding assistant state Page 22 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 attorneys, assistant public defenders, assistant statewide prosecutors, assistant attorneys general, and assistant capital collateral regional counsel, may participate in the Senior Management Service Optional Annuity Program as established in subsection (6).
The notice shall also advise that interested parties may appear Page 23 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 at the meeting and be heard with respect to the proposed ordinance.
The second hearing shall be held at least 10 days after the first Page 24 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 hearing and shall be advertised at least 5 days prior to the public hearing.
Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the Page 25 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 advertisement shall contain a geographic location map which clearly indicates the area within the local government covered by the proposed ordinance or resolution.
Such notice shall be published for 4 consecutive weeks on a publicly accessible website as provided in chapter 50 or once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general Page 26 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 circulation in the county where the code enforcement board is located.
In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is Page 27 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 known by reference to the latest ad valorem tax records.
The second hearing shall be held at least 10 days after the first hearing and shall be advertised at Page 28 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 least 5 days prior to the public hearing.
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hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 The map shall include major street names as a means of identification of the general area.
The governing body of an independent special district shall advertise the day, time, place, and purpose of any meeting other than a regular meeting or any recessed and reconvened meeting of the governing body, at least 7 days before such meeting as provided in chapter 50, in a newspaper of general paid Page 30 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 circulation in the county or counties in which the special district is located, unless a bona fide emergency situation exists, in which case a meeting to deal with the emergency may be held as necessary, with reasonable notice, so long as it is subsequently ratified by the governing body.
Paragraph (d) of subsection (1) of section Page 31 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 190.005, Florida Statutes, is amended to read:
If published in a newspaper, the advertisement shall Page 32 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 not be placed in that portion of the newspaper where legal notices and classified advertisements appear.
(h) For a petition to establish a new community development district of less than 2,500 acres on land located solely in one county or one municipality, sufficiently Page 33 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 contiguous lands located within the county or municipality which the petitioner anticipates adding to the boundaries of the district within 10 years after the effective date of the ordinance establishing the district may also be identified.
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hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 c.
Such notice must be published as provided in chapter 50 at least 10 days before the scheduled hearing on the ordinance amendment and may be Page 35 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 published in the section of the newspaper reserved for legal notices.
194.037 Disclosure of tax impact.— (1) After hearing all petitions, complaints, appeals, and disputes, the clerk shall make public notice of the findings and Page 36 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 results of the board as provided in chapter 50.
(c) In the third column, the number of parcels for which the board considered the petition and reduced the assessment from that made by the property appraiser on the initial Page 37 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 assessment roll.
197.402 Advertisement of real or personal property with Page 38 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 delinquent taxes.— (1) If advertisements are required, the board of county commissioners shall make such notice select the newspaper as provided in chapter 50.
SubsectionParagraph (h) of subsection (3) of section 200.065, Florida Statutes, is amended to read:
It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least weekly 5 days a week unless the only newspaper in the county is published less than weekly 5 days a week, or that the advertisement appear in a geographically Page 39 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 limited insert of such newspaper which insert is published throughout the taxing authority's jurisdiction at least twice each week.
(a) For taxing authorities other than school districts which have tentatively adopted a millage rate in excess of 100 percent of the rolled-back rate computed pursuant to subsection (1), the advertisement shall be in the following form:
NOTICE OF PROPOSED TAX INCREASE The ...(name of the taxing authority)...
has tentatively adopted a measure to increase its property tax levy.
Last year's property tax levy:
A.
Initially proposed tax levy..................$XX,XXX,XXX B.
Less tax reductions due to Value Adjustment Board and other assessment changes............................($XX,XXX,XXX) C.
Actual property tax levy.....................$XX,XXX,XXX This year's proposed tax levy.........................$XX,XXX,XXX All concerned citizens are invited to attend a public hearing on the tax increase to be held on ...(date and time)...
at ...(meeting place)....
A FINAL DECISION on the proposed tax increase and the budget will be made at this hearing.
(b) In all instances in which the provisions of paragraph Page 40 of 59 CODING:
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words underlined are additions.
hb0007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7 2020 (a) are inapplicable for taxing authorities other than school districts, the advertisement shall be in the following form:
NOTICE OF BUDGET HEARING The ...(name of taxing authority)...
has tentatively adopted a budget for ...(fiscal year)....
A public hearing to make a FINAL DECISION on the budget AND TAXES will be held on ...(date and time)...
at ...(meeting place)....
(c) For school districts which have proposed a millage rate in excess of 100 percent of the rolled-back rate computed pursuant to subsection (1) and which propose to levy nonvoted millage in excess of the minimum amount required pursuant to s.
1011.60(6), the advertisement shall be in the following form:
NOTICE OF PROPOSED TAX INCREASE The ...(name of school district)...
will soon consider a measure to increase its property tax levy.
Last year's property tax levy:
A.
Initially proposed tax levy..................$XX,XXX,XXX B.
Less tax reductions due to Value Adjustment Board and other assessment changes............................($XX,XXX,XXX) C.
Actual property tax levy.....................$XX,XXX,XXX This year's proposed tax levy.........................$XX,XXX,XXX A portion of the tax levy is required under state law in order for the school board to receive $...(amount A)...
in state education grants.
The required portion has ...(increased or decreased)...
by ...(amount B)...
percent and represents Page 41 of 59 CODING:
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hb0007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7 2020 approximately ...(amount C)...
of the total proposed taxes.
The remainder of the taxes is proposed solely at the discretion of the school board.
All concerned citizens are invited to a public hearing on the tax increase to be held on ...(date and time)...
at ...(meeting place)....
A DECISION on the proposed tax increase and the budget will be made at this hearing.
1.
AMOUNT A shall be an estimate, provided by the Department of Education, of the amount to be received in the current fiscal year by the district from state appropriations for the Florida Education Finance Program.
2.
AMOUNT B shall be the percent increase over the rolled- back rate necessary to levy only the required local effort in the current fiscal year, computed as though in the preceding fiscal year only the required local effort was levied.
3.
AMOUNT C shall be the quotient of required local-effort millage divided by the total proposed nonvoted millage, rounded to the nearest tenth and stated in words;
however, the stated amount shall not exceed nine-tenths.
(d) For school districts which have proposed a millage rate in excess of 100 percent of the rolled-back rate computed pursuant to subsection (1) and which propose to levy as nonvoted millage only the minimum amount required pursuant to s.
1011.60(6), the advertisement shall be the same as provided in Page 42 of 59 CODING:
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words underlined are additions.
hb0007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7 2020 paragraph (c), except that the second and third paragraphs shall be replaced with the following paragraph:
This increase is required under state law in order for the school board to receive $...(amount A)...
in state education grants.
(e) In all instances in which the provisions of paragraphs (c) and (d) are inapplicable for school districts, the advertisement shall be in the following form:
NOTICE OF BUDGET HEARING The ...(name of school district)...
will soon consider a budget for ...(fiscal year)....
A public hearing to make a DECISION on the budget AND TAXES will be held on ...(date and time)...
at ...(meeting place)....
(f) In lieu of publishing the notice set out in this subsection, the taxing authority may mail a copy of the notice to each elector residing within the jurisdiction of the taxing authority.
(g) In the event that the mailing of the notice of proposed property taxes is delayed beyond September 3 in a county, any multicounty taxing authority which levies ad valorem taxes within that county shall advertise its intention to adopt a tentative budget and millage rate in a newspaper of paid general circulation within that county, as provided in this subsection, and shall hold the hearing required pursuant to paragraph (2)(c) not less than 2 days or more than 5 days Page 43 of 59 CODING:
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hb0007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7 2020 thereafter, and not later than September 18.
The advertisement shall be in the following form, unless the proposed millage rate is less than or equal to the rolled-back rate, computed pursuant to subsection (1), in which case the advertisement shall be as provided in paragraph (e):
NOTICE OF TAX INCREASE The ...(name of the taxing authority)...
proposes to increase its property tax levy by ...(percentage of increase over rolled-back rate)...
percent.
All concerned citizens are invited to attend a public hearing on the proposed tax increase to be held on ...(date and time)...
at ...(meeting place)....
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words underlined are additions.
hb0007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7 2020 (i) The advertisements required pursuant to paragraphs (b) and (e) need not be one-quarter page in size or have a headline in type no smaller than 18 point.
(j) The amounts to be published as percentages of increase over the rolled-back rate pursuant to this subsection shall be based on aggregate millage rates and shall exclude voted millage levies unless expressly provided otherwise in this subsection.
(k) Any taxing authority which will levy an ad valorem tax for an upcoming budget year but does not levy an ad valorem tax currently shall, in the advertisement specified in paragraph (a), paragraph (c), paragraph (d), or paragraph (g), replace the phrase "increase its property tax levy by ...(percentage of increase over rolled-back rate)...
percent" with the phrase "impose a new property tax levy of $...(amount)...
per $1,000 value." (l) Any advertisement required pursuant to this section shall be accompanied by an adjacent notice meeting the budget summary requirements of s.
129.03(3)(b).
Except for those taxing authorities proposing to levy ad valorem taxes for the first time, the following statement shall appear in the budget summary in boldfaced type immediately following the heading, if the applicable percentage is greater than zero:
THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of taxing authority)...
ARE ...(percent rounded to one decimal place)...
MORE THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES.
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hb0007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7 2020 For purposes of this paragraph, "proposed operating budget expenditures" or "operating expenditures" means all moneys of the local government, including dependent special districts, that:
1.
Were or could be expended during the applicable fiscal year, or 2.
Were or could be retained as a balance for future spending in the fiscal year.
Provided, however, those moneys held in or used in trust, agency, or internal service funds, and expenditures of bond proceeds for capital outlay or for advanced refunded debt principal, shall be excluded.
338.223 Proposed turnpike projects.— (1) (c) Prior to requesting legislative approval of a proposed turnpike project, the environmental feasibility of the proposed projectPage shall40 be reviewed by the Department of Environmental53 Protection.CODING:
The department shall submit its Project Development and Environmental Report to the Department of Environmental Protection, along with a draft copy of a public notice.
Within 14 days of receipt of the draft public notice, the Department of Environmental Protection shall return the draft public notice to Page 46 of 59 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 theproject Departmentshall ofbe Transportationreviewed withby anthe approvalDepartment of theEnvironmental languageProtection. or modifications to the language.
The department shall submit its Project Development and Environmental Report to the Department of Environmental Protection, along with a draft copy of a public notice.
Within 14 days of receipt of the draft public notice, the Department of Environmental Protection shall return the draft public notice to the Department of Transportation with an approval of the language or modifications to the language.
2.Page 41 of 53 CODING:
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hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7 2020 2.
PageAfter 47a review of 59the CODING:department's report and any public comments, the Department of Environmental Protection shall submit a statement of environmental feasibility to the department within 30 days after the date on which public comments are due.
Words stricken are deletions;
words underlined are additions.
hb0007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7 2020 After a review of the department's report and any public comments, the Department of Environmental Protection shall submit a statement of environmental feasibility to the department within 30 days after the date on which public comments are due.
(3) The agency may request proposals for public-private transportation projects or, if it receives an unsolicited proposal, it must publish a notice in the Florida Administrative Register and as provided in chapter 50 a newspaper of general circulation in each the county in which the project it is located at least once a week for 2 weeks stating that it has received the proposal and will accept, for 60 days after the Page 4842 of 5953 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 transportation projects or, if it receives an unsolicited proposal, it must publish a notice in the Florida Administrative Register and as provided in chapter 50 a newspaper of general circulation in each the county in which the project it is located at least once a week for 2 weeks stating that it has received the proposal and will accept, for 60 days after the initial date of publication, other proposals for the same project purpose.
Subsection (3) of section 348.635, Florida Statutes,Page is43 amendedof to53 read:CODING:
348.635 Public-private partnership.—The Legislature declares that there is a public need for the rapid construction of safe and efficient transportation facilities for traveling within the state and that it is in the public's interest to provide for public-private partnership agreements to effectuate Page 49 of 59 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 theStatutes, constructionis ofamended additionalto safe,read: convenient, and economical transportation facilities.
348.635 Public-private partnership.—The Legislature declares that there is a public need for the rapid construction of safe and efficient transportation facilities for traveling within the state and that it is in the public's interest to provide for public-private partnership agreements to effectuate the construction of additional safe, convenient, and economical transportation facilities.
If the authority is not satisfied with the results of the negotiations, it may, at its sole discretion, terminate negotiationsPage with44 theof proposer.53 CODING:
If these negotiations are unsuccessful, the authority may go to the second and lower- ranked firms, in order, using the same procedure.
If only one proposal is received, the authority may negotiate in good faith, and if it is not satisfied with the results, it may, at its sole discretion, terminate negotiations with the proposer.
The Page 50 of 59 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 authoritynegotiations may, at its discretion, reject all proposals at any point in the process up to completion of a contract with the proposer.
If these negotiations are unsuccessful, the authority may go to the second and lower- ranked firms, in order, using the same procedure.
If only one proposal is received, the authority may negotiate in good faith, and if it is not satisfied with the results, it may, at its sole discretion, terminate negotiations with the proposer.
The authority may, at its discretion, reject all proposals at any point in the process up to completion of a contract with the proposer.
(3) The authority may request proposals for public-private transportation projects or, if it receives an unsolicited proposal, it must publish a notice in the Florida Administrative Register and as provided in chapter 50 a newspaper of general circulation in each the county in which the project it is located at least once a week for 2 weeks stating that it has received the proposal and will accept, for 60 days after the initialPage date45 of publication,53 otherCODING: proposals for the same project purpose.
A copy of the notice must be mailed to each local government in the affected areas.
After the public notification period has expired, the authority shall rank the proposals in order of preference.
In ranking the proposals, the authority shall consider professional qualifications, general Page 51 of 59 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 businessinitial terms,date innovativeof engineeringpublication, orother cost-reductionproposals terms,for finance plans, and the needsame forproject statepurpose. funds to deliver the proposal.
A copy of the notice must be mailed to each local government in the affected areas.
After the public notification period has expired, the authority shall rank the proposals in order of preference.
In ranking the proposals, the authority shall consider professional qualifications, general business terms, innovative engineering or cost-reduction terms, finance plans, and the need for state funds to deliver the proposal.
designation of prime groundwater recharge areas.—Upon preparation of an inventory of prime groundwater recharge areas for the Floridan or Biscayne aquifers, but prior to adoption by the governing board,Page the46 water management district shall publish a legal notice of public53 hearingCODING: on the designated areas for the Floridan and Biscayne aquifers, with a map delineating the boundaries of the areas, as provided in newspapers defined in chapter 50 in each county as having general circulation within the area to be affected.
The notice shall be at least one-fourth Page 52 of 59 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 pageboard, andthe water management district shall readpublish a legal notice of public hearing on the designated areas for the Floridan and Biscayne aquifers, with a map delineating the boundaries of the areas, as follows:provided in newspapers defined in chapter 50 in each county as having general circulation within the area to be affected.
The notice shall be at least one-fourth page and shall read as follows:
373.146 Publication of notices, process, and papers.— (1) Whenever in this chapter the publication of any notice, process, or paper is required or provided for, unless otherwisePage provided47 byof law,53 theCODING: publication thereof in some newspaper or newspapers as provided defined in chapter 50 in each county having general circulation within the area to be affected shall be taken and considered as being sufficient.
(2) Notwithstanding any other provision of law to the contrary, and except in the case of emergency meetings, water Page 53 of 59 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 managementotherwise districtsprovided mayby providelaw, reasonablethe noticepublication ofthereof publicin meetingssome heldnewspaper toor evaluatenewspapers responses to solicitations issued by the water management district, by publication as provided defined in chapter 50 in aeach newspapercounty ofhaving general paid circulation inwithin the countyarea whereto thebe principalaffected officeshall of the water management district is located, or in the county or counties where the public work will be performed,taken noand lessconsidered thanas 7being dayssufficient. before such meeting.
(2) Notwithstanding any other provision of law to the contrary, and except in the case of emergency meetings, water management districts may provide reasonable notice of public meetings held to evaluate responses to solicitations issued by the water management district, by publication as provided in chapter 50 in a newspaper of general paid circulation in the county where the principal office of the water management district is located, or in the county or counties where the public work will be performed, no less than 7 days before such meeting.
Each noticePage shall48 be published in a newspaper of general53 circulationCODING: in the county in which the facility is located or is proposed to be located as provided in chapter 50.
Notwithstanding the provisions of chapter 50, for purposes of this section, a "newspaper of general circulation" shall be the newspaper within the county in which the installation or facility is proposed Page 54 of 59 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 whichnotice hasshall thebe largestpublished dailyin a newspaper of general circulation in thatthe county andin haswhich itsthe principalfacility officeis located or is proposed to be located as provided in thatchapter county.50.
Notwithstanding the provisions of chapter 50, for purposes of this section, a "newspaper of general circulation" shall be the newspaper within the county in which the installation or facility is proposed which has the largest daily circulation in that county and has its principal office in that county.
ThisPage application49 isof being53 processedCODING: and is available for public inspection during normal business hours, 8:00 a.m.
Words stricken are deletions;
words underlined are additions.
hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7 2020 This application is being processed and is available for public inspection during normal business hours, 8:00 a.m.
Page712.06 55Contents of 59notice; CODING:
Words stricken are deletions;
words underlined are additions.
hb0007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7 2020 712.06 Contents of notice;
notice of seizure and order to show cause.— (5) If the value of the property seized is shown by the sheriff's return to have an appraised value of $1,000 or less, the above citation shall be served by posting at three public places in the county, one of which shall be the front door of thePage courthouse;50 of 53 CODING:
if the value of the property is shown by the sheriff's return to have an approximate value of more than $1,000, the citation shall be published for at least 2 consecutive weeks on a publicly accessible website as provided in chapter 50 or at least once each week for 2 consecutive weeks in some newspaper of general publication published in the Page 56 of 59 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 county, if there be such a newspaper published in the countycourthouse; and if not, then said notice of such publication shall be made by certificate of the clerk if publication is made by posting, and by affidavit as provided in chapter 50, if made by publication as provided in chapter 50 in a newspaper, which affidavit or certificate shall be filed and become a part of the record in the cause.
if the value of the property is shown by the sheriff's return to have an approximate value of more than $1,000, the citation shall be published for at least 2 consecutive weeks on a publicly accessible website as provided in chapter 50 or at least once each week for 2 consecutive weeks in some newspaper of general publication published in the county, if there be such a newspaper published in the county and if not, then said notice of such publication shall be made by certificate of the clerk if publication is made by posting, and by affidavit as provided in chapter 50, if made by publication as provided in chapter 50 in a newspaper, which affidavit or certificate shall be filed and become a part of the record in the cause.
3.Page 51 of 53 CODING:
Words stricken are deletions;
words underlined are additions.
hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7 2020 3.
and Pageprovide 57its offederal 59employer CODING:identification number if the entity has such a number.
Words stricken are deletions;
words underlined are additions.
hb0007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 7 2020 provide its federal employer identification number if the entity has such a number.
932.704 Forfeiture proceedings.— (6)(a) If the property is required by law to be titled or registered, or if the owner of the property is known in fact to the seizing agency, or if the seized property is subject to a perfected security interest in accordance with the Uniform Commercial Code, chapter 679, the attorney for the seizing agency shall serve the forfeiture complaint as an original servicePage of52 process under the Florida Rules of Civil53 ProcedureCODING: and other applicable law to each person having an ownership or security interest in the property.
The seizing agency shall also publish, in accordance with chapter 50, notice of the forfeiture complaint for 2 consecutive weeks on a publicly accessible website or once each week for 2 consecutive weeks in a newspaper Page 58 of 59 CODING:
hb0007-02-c2hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 7 2020 service of generalprocess circulation,under asthe definedFlorida Rules of Civil Procedure and other applicable law to each person having an ownership or security interest in s.the property.
The seizing agency shall also publish, in accordance with chapter 50, notice of the forfeiture complaint for 2 consecutive weeks on a publicly accessible website or once each week for 2 consecutive weeks in a newspaper of general circulation, as defined in s.
Page 5953 of 5953 CODING:
hb0007-02-c2hb0007-01-c1
Show all 244 changed rows (204 more)
Action History
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Died in Judiciary
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Indefinitely postponed and withdrawn from consideration
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Received
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Referred to Judiciary; Community Affairs; Rules
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In Messages
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CS passed as amended; YEAS 71 NAYS 47
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Read 3rd time
-
Placed on 3rd reading
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Amendment(s) adopted (004829, 982613) -HJ 711,712
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Read 2nd time
-
Placed on Special Order Calendar, 03/03/20
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Placed on Calendar
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Favorable by- State Affairs Committee; YEAS 14 NAYS 9
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On Committee agenda-- State Affairs Committee, 02/06/20, 8:00 am, Morris Hall
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CS/CS by Judiciary Committee read 1st time
-
Now in State Affairs Committee
-
Pending review of CS under Rule 7.18(c)
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CS/CS by Judiciary Committee; YEAS 11 NAYS 7
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On Committee agenda-- Judiciary Committee, 01/30/20, 8:00 am, Sumner Hall
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Now in Judiciary Committee
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CS by Local, Federal and Veterans Affairs Subcommittee read 1st time
-
Pending review of CS under Rule 7.18(c)
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CS by Local, Federal and Veterans Affairs Subcommittee; YEAS 7 NAYS 5
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Introduced
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On Committee agenda-- Local, Federal and Veterans Affairs Subcommittee, 01/15/20, 9:30 am, 12 HOB
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Referred to Local, Federal and Veterans Affairs Subcommittee; Judiciary Committee; State Affairs Committee
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Filed
Sponsors
- Fine · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on · 15 voted No
Sponsors (1)
- Fine
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 46 | 34 | 0 | 1 |
| Republican | 24 | 2 | 0 | 1 |
| Democrat | 1 | 11 | 0 | 0 |
| Total | 71 | 47 | 0 | 2 |
| % of votes cast | 59% | 39% | 0% | 2% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Nay |
| Goff-Marcil | — | Nay |
| Aloupis | — | Yea |
| Good | — | Nay |
| Polo | — | Nay |
| Altman | — | Yea |
| Ponder | — | Yea |
| Grant, J. | — | Yea |
| Pritchett | — | Nay |
| Ausley | — | Nay |
| Grant, M. | — | Yea |
| Raschein | — | Yea |
| Renner | — | Yea |
| Bell | — | Yea |
| Grieco | — | Yea |
| Roach | — | Yea |
| Beltran | — | Yea |
| Hage | — | Yea |
| Robinson | — | Yea |
| Hart | — | Nay |
| Rodrigues, R. | — | Yea |
| Brown | — | Nay |
| Hattersley | — | Nay |
| Hill | — | Yea |
| Rommel | — | Yea |
| Bush | — | Nay |
| Ingoglia | — | Yea |
| Roth | — | Yea |
| Byrd | — | Yea |
| Jacobs | — | Nay |
| Sabatini | — | Yea |
| Caruso | — | Yea |
| Jacquet | — | Nay |
| Santiago | — | Yea |
| Casello | — | Nay |
| Jenne | — | Nay |
| Clemons | — | Nay |
| Silvers | — | Nay |
| Cortes | — | Nay |
| Cummings | — | Yea |
| Killebrew | — | Yea |
| Slosberg | — | Nay |
| Latvala | — | Yea |
| Sprowls | — | Yea |
| Diamond | — | Nay |
| Magar | — | Yea |
| Stevenson | — | Yea |
| Donalds | — | Yea |
| Stone | — | Yea |
| Drake | — | Nay |
| Mariano | — | Yea |
| Sullivan | — | Yea |
| DuBose | — | Nay |
| Toledo | — | Yea |
| Tomkow | — | Yea |
| Duran | — | Nay |
| McGhee | — | Nay |
| Eagle | — | Yea |
| Mercado | — | Nay |
| Valdes | — | Nay |
| Newton | — | Nay |
| Watson, B. | — | Nay |
| Fernandez | — | Nay |
| Oliva | — | Yea |
| Watson, C. | — | Nay |
| Fernandez-Barquin | — | Yea |
| Omphroy | — | Nay |
| Webb | — | Nay |
| Fetterhoff | — | Yea |
| Willhite | — | Nay |
| Fine | — | Yea |
| Payne | — | Yea |
| Fischer | — | Yea |
| Williamson | — | Yea |
| Fitzenhagen | — | Yea |
| Pigman | — | Yea |
| Geller | — | Nay |
| Zika | — | Yea |
| Williams | — | Not Voting |
| La Rosa | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Nay |
| Antone, Bruce Hadley | Democrat | Nay |
| Daley, Dan | Democrat | Nay |
| Daniels, Kimberly | Democrat | Nay |
| Davis, Tracie | Democrat | Nay |
| Driskell, Fentrice | Democrat | Nay |
| Eskamani, Dr. Anna V. | Democrat | Nay |
| Gottlieb, Michael "Mike" | Democrat | Nay |
| Gregory, Emily | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Nay |
| Joseph, Dotie | Democrat | Nay |
| Polsky, Tina Scott | Democrat | Nay |
| Smith, Carlos Guillermo | Democrat | Nay |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Johnson, Chad | Republican | Nay |
| LaMarca, Chip | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Shoaf, Jason | Republican | Nay |
| Sirois, Tyler I. | Republican | Yea |
| Smith, David | Republican | Yea |
| Stark, Paula A. | Republican | Not Voting |
| Trumbull, Jay | Republican | Yea |
| Vacant | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 8 | 0 | 1 |
| Republican | 6 | 0 | 0 | 0 |
| Democrat | 0 | 1 | 0 | 0 |
| Total | 14 | 9 | 0 | 1 |
| % of votes cast | 58% | 38% | 0% | 4% |
How each member voted (24)
| Member | Party | Vote |
|---|---|---|
| Clemons | — | Nay |
| Drake | — | Nay |
| DuBose | — | Nay |
| Hart | — | Nay |
| Hattersley | — | Nay |
| Ingoglia | — | Yea |
| Jacobs | — | Not Voting |
| Latvala | — | Yea |
| Newton | — | Nay |
| Payne | — | Yea |
| Pigman | — | Yea |
| Raschein | — | Yea |
| Roth | — | Yea |
| Slosberg | — | Nay |
| Stevenson | — | Yea |
| Watson, C. | — | Nay |
| Zika | — | Yea |
| Polsky, Tina Scott | Democrat | Nay |
| DiCeglie, Nick | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 4 | 0 | 0 |
| Republican | 2 | 1 | 0 | 0 |
| Democrat | 1 | 2 | 0 | 0 |
| Total | 11 | 7 | 0 | 0 |
| % of votes cast | 61% | 39% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Nay |
| Beltran | — | Yea |
| Diamond | — | Nay |
| Fernandez-Barquin | — | Yea |
| Fitzenhagen | — | Yea |
| Geller | — | Nay |
| Grant, J. | — | Yea |
| Hill | — | Yea |
| Killebrew | — | Yea |
| Mercado | — | Nay |
| Renner | — | Yea |
| Rommel | — | Yea |
| Driskell, Fentrice | Democrat | Nay |
| Gottlieb, Michael "Mike" | Democrat | Nay |
| Gregory, Emily | Democrat | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| LaMarca, Chip | Republican | Nay |
| Sirois, Tyler I. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 0 | 3 | 0 | 0 |
| Republican | 3 | 0 | 0 | 1 |
| Unaffiliated | 4 | 2 | 0 | 2 |
| Total | 7 | 5 | 0 | 3 |
| % of votes cast | 47% | 33% | 0% | 20% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Hage | — | Yea |
| Jenne | — | Nay |
| Killebrew | — | Yea |
| Payne | — | Yea |
| Rommel | — | Not Voting |
| Silvers | — | Nay |
| Tomkow | — | Yea |
| Zika | — | Not Voting |
| Antone, Bruce Hadley | Democrat | Nay |
| Eskamani, Dr. Anna V. | Democrat | Nay |
| Jones, Shevrin D. "Shev" | Democrat | Nay |
| Buchanan, James | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Not Voting |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 7 do?
- Legal Notices; Provides for website publication of legal notices; provides criteria for such publication; authorizes fiscally constrained county to use publicly accessible website to publish legally required advertisements & public notices; requires government agency to provide specified notice to residents concerning alternative methods of receiving legal notices.
- Who sponsors HB 7?
- HB 7 is sponsored by Fine.
- What is the current status of HB 7?
- This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 7?
- Track HB 7 free on One Click Politics — get push/email alerts when it moves.
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