Legal Notices
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SB 402 — Legal Notices
Last action — Laid on Table, companion bill(s) passed, see CS/HB 35 (Ch. 2021-17)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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; Revising construction as to the satisfaction of publication requirements for legal notices; requiring the Florida Press Association to seek to ensure equitable access for minority populations to legal notices posted on the statewide legal notice website; authorizing a governmental agency to choose between print publication or Internet-only publication of specified governmental agency notices with specified newspapers if certain conditions are met; authorizing a newspaper to charge for Internet-only publication of governmental agency notices, subject to specified limitations, etc.
Bill Text
What changed in the latest version
1459 added · 1495 removed1459 line(s) added, 1495 removed.
Florida Senate - 2021 CS for CS for SB 402 By the CommitteesCommittee on Appropriations;Judiciary;
and Judiciary;Senator Rodrigues 590-03199-21 2021402c1 A bill to be entitled An act relating to legal notices;
and Senator Rodrigues 576-04459-21 2021402c2 A bill to be entitled An act relating to legal notices;
revising construction as to the satisfaction of publication requirements for legal notices;
definingauthorizing the termInternet “fiscallypublication constrainedof county”;legal notices on certain websites in lieu of print publication in a newspaper;
authorizing the Internet publication of specified governmental agency notices on newspaper websites in lieu of print publication if certain requirements are met;
defining terms;the term “governmental agency”;
requiring the Florida Press Association to seekconsult towith ensurethe equitableBlack accessPress forAssociation minorityof populationsFlorida tofor legala noticesspecified postedpurpose; on the statewide legal notice website;
requiringauthorizing thea associationgovernmental agency to publishopt andfor maintainInternet certainonly reportspublication onof legal notices with any newspaper of general circulation within the statewidestate legalif noticecertain website;conditions are met;
authorizingspecifying arequirements governmentalfor agencythe toplacement, chooseformat, betweenand printaccessibility publication or Internet-only publication of specifiedany governmentalsuch agencylegal noticesnotices; with specified newspapers if certain conditions are met;
specifying requirements for the placement, format, and accessibility of any such notices;
authorizing a newspaper to charge for Internet-only publicationpublication, of governmental agency notices, subject to specified limitations;
requiring a governmental agency that publishes governmentalcertain agencylegal notices by Internet-only publication to publish a specified notice in the print edition of a local newspapernewspaper; and on their website;
providing for construction;
50.061,83.806, F.S.;
conformingproviding that an advertisement of a crosssale reference;or disposition of property may be published on certain websites for a specified time period;
amending s.
90.902, F.S.;
providing for the self-authentication of legal notices under the Florida Evidence Code;
11.02, 45.031, 120.81, 121.0511, 121.055, 125.66, 162.12, 166.041, 189.015, 190.005, 190.046, 194.037, 197.402, 200.065, 338.223, 348.0308, 348.635, 348.7605, 373.0397, 373.146, 403.722, 712.06, 849.38, 865.09, and 932.704, F.S.;
5043 Be It Enacted by the Legislature of the State of Florida:
5245 Section 1. Section 50.011, Florida Statutes, is amended to read:
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 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 be and to have been, and the rule of interpretation is and has been the following:, (1) A publication in a newspaper thatprinted meetsand allpublished periodically at least once a week or oftener, containing at least 25 percent of its words in the following: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;
(a) Isor printed(2) By Internet publication on the website of any newspaper of general circulation in this state that otherwise meets the criteria specified in subsection (1) and publishedon periodicallythe atstatewide leastlegal oncenotice awebsite week.as provided under s.
(b) Contains or oftener, containing at least 25 percent of its words in the English language.
(c) Satisfies one of the following criteria:
1. Has an audience consisting of at least 10 percent of the households in the county or municipality, as determined by the most recent decennial census, where the legal or public notice is being published or posted, by calculating the combination of the total of the number of print copies reflecting the day of highest print circulation, of which at least 25 percent of such print copies must be delivered to individuals’ home or business addresses, as certified biennially by a certified independent third-party auditor, and the total number of online unique monthly visitors to the newspaper’s website from within the state, as measured by industry-accepted website analytics software.
The newspaper must also be sold, or otherwise available to the public, at no less than 10 publicly accessible outlets.
For legal and public notices published by nongovernmental entities, the newspaper’s audience in the county or municipality where the project, property, or other primary subject of the notice is located must meet the 10 percent threshold.
2. Holds a periodicals permit as of March 1, 2021, and accepts legal notices for publication as of that date.
Any such newspaper may continue to publish legal notices through December 31, 2023, so long as the newspaper continues to meet the requirements set forth in section 21 of chapter 99-2, Laws of Florida, and continues to hold a periodicals permit.
Beginning January 1, 2024, and thereafter, any such newspaper must meet the criteria under subparagraph 1.
3. For newspapers publishing legal notices in a fiscally constrained county, holds a periodicals permit and meets all other requirements of this chapter.
A newspaper qualified under this subparagraph does not need to meet the criteria under subparagraph 1.
so long as the newspaper continues to hold a periodicals permit.
For purposes of this subparagraph, the term “fiscally constrained county” means a county within a rural area of opportunity designated by the Governor pursuant to s.
288.0656 or a county for which the value of a mill will raise no more than $5 million in revenue, based on the certified taxable value certified pursuant to s.
1011.62(4)(a)1.a., from the previous July 1.
(d) Is, 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 with no more than 75 percent of its content dedicated toward advertising 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.
(e) Continually publishes in a prominent manner the name, street address, phone number, website URL of the newspaper’s approved print auditor, the newspaper’s most recent statement of ownership, and a statement of the auditor certifying the veracity of the newspaper’s print distribution and the number of the newspaper’s website’s monthly unique visitors, or the newspaper’s periodicals permit, if applicable, within the first five pages of the print edition and the bottom portion of the homepage of the newspaper’s website.
Show all 199 changed lines (159 more)
(2) Internet publication for governmental agency notices under s.
50.0211(1)(b) on the website of any newspaper in the county to which the legal notice pertains which otherwise meets the criteria specified in subsection (1) and on the statewide legal notice website as provided in s.
50.021 Publication when no newspaper in county.—When any law, or order or decree of court, directs shall direct advertisements to be made in a any county and there is be no newspaper published in the said county, the advertisement may be made by publicationposting inon the website of any newspaper qualifiedof undergeneral chaptercirculation 50 in anthis adjoiningstate countyand or on the websitestatewide oflegal anynotice suchwebsite newspaperas forprovided governmentalin agency notices under s.
50.0211(1)(b),50.0211(5) andor onposting three copies thereof in three different places in the statewidesaid legalcounty, noticeone websiteof aswhich providedshall be at the front door of the courthouse, and by publication in s.the nearest county in which a newspaper is published.
50.0211(5) or 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 nearest county in which a newspaper is published.
50.0211 Internet website publication.— (1) As used in this section, the term:term “governmental agency” means a county, municipality, district school board, or other unit of local government or political subdivision in this state.
(a) “Governmental agency” means a county, a municipality, a district school board, or any other unit of local government or political subdivision in this state.
(b) “Governmental agency notice” includes any of the following notices required by law to be published in a newspaper:
1. Notices related to special or legal legislation pursuant to s.
11.02.
2. Educational unit notices pursuant to s.
120.81.
3. Retirement system notices pursuant to s.
121.0511.
4. Notices related to inclusion of positions in the Senior Management Service Class of the Florida Retirement System pursuant to s.
121.055.
5. Notices proposing the enactment of county ordinances pursuant to s.
125.66.
6. Code enforcement notices published pursuant to s.
162.12.
7. Notices proposing the enactment of municipal ordinances pursuant to s.
166.041.
8. Special district meeting notices pursuant to s.
189.015.
9. Establishment and termination notices for community development districts pursuant to ss.
190.005 and 190.046, respectively.
10. Disclosures of tax impact by value adjustment boards pursuant to s.
194.037.
11. Advertisements of real or personal property with delinquent taxes pursuant to s.
197.402.
12. Advertisements of hearing notices, millage rates, and budgets pursuant to s.
200.065.
13. Turnpike project notices pursuant to s.
338.223.
14. Public-private partnership notices pursuant to ss.
348.0308 and 348.7605.
15. Notices of prime recharge area designations for the Floridan and Biscayne aquifers pursuant to s.
373.0397.
16. Water management district notices pursuant to s.
373.146.
17. Hazardous waste disposal notices pursuant to s.
403.722.
18. Forfeiture notices pursuant to ss.
849.38 and 932.704.
(d) The(d) In its operation of the statewide website, the Florida Press Association shall seekconsult with the Black Press Association of Florida to ensure that minority populations throughout the state have equitable access to legal notices that are posted on the statewideInternet. legal notice website located at:
www.floridapublicnotices.com.(5)(a) In lieu of publishing a legal notice in the print edition of a newspaper of general circulation within the jurisdiction of the affected governmental agency, a governmental agency may opt for Internet-only publication with any newspaper of general circulation within this state so long as the governmental agency determines that the Internet publication of such notice would not unreasonably restrict public access.
TheAny Floridasuch Pressnotice Associationthat shallis publishpublished aonly reporton listingthe allInternet newspapersin thataccordance havewith this subsection must be placed in the legal notices onsection www.floridapublicnotices.comof inthe newspaper’s website and the precedingstatewide calendarwebsite quarter.established under subsection (4).
AtAll arequirements minimum,regarding the reportsformat forand accessibility of legal notices placed on the 4newspaper’s precedingwebsite calendarand quartersthe shallstatewide bewebsite availablein subsections (3) and (4) also apply to legal notices that are published only on the website.Internet in accordance with this subsection.
(5)(a) In(b) The lieu of publishing a legal notice in the print edition of a newspaper of general circulation, a governmental agency may opt for Internet-only publication of governmental agency notices withsection any newspaper of general circulation within the jurisdiction of the affected governmental agency so long as the governmental agency, after a public hearing noticed in a print edition of a newspaper inand accordancea withnewspaper’s thiswebsite chapter,must makesinclude a determinationdisclaimer bystating athat majority of the memberslisting of thelegal governingnotices bodymay ofnot theinclude governmentalall agencylegal thatnotices affecting the Internetarea publication of suchdistribution governmentalof agency notices is in the publicnewspaper interest and that theadditional residentslegal withinnotices themay jurisdictionbe ofaccessed theon governmental agency have sufficient access to the Internetstatewide bylegal broadbandnotice servicewebsite. as defined in s.
364.02(c) A ornewspaper throughmay othercharge meansfor suchthe publication of any legal notice that Internet-onlyis publicationpublished ofonly governmentalon agencythe noticesnewspaper’s wouldwebsite, notwithout unreasonablyrebate, restrictcommission, publicor access.refund;
Any such Internet-only publication published in accordance with this subsection must be placed in the legal notices section of the newspaper’s website and the statewide legal notice website established under subsection (4).
All requirements regarding the format and accessibility of legal notices placed on the newspaper’s website and the statewide legal notice website in subsections (3) and (4) also apply to Internet-only publication of legal notices published in accordance with this subsection.
(b) The legal notices section of the print edition of a newspaper must include a disclaimer stating that additional legal notices may be accessed on the newspaper’s website and the statewide legal notice website.
The legal notices section of the newspaper’s website must also include a disclaimer stating that legal notices are also published in the print edition of the newspaper and on the statewide legal notice website.
(c) A newspaper may charge for the publication of any governmental agency notice that is published only on the newspaper’s website, without rebate, commission, or refund;
50.061 if the governmentallegal agency notice had been printed in the newspaper.
50.061(7) for allowing or accepting any rebate, commission, or refund in connection to the amounts charged for publication also apply to any governmentallegal agency notices that are published only on the Internet in accordance with this subsection.
(d) If a governmental agency exercises the option to publish Internet-onlylegal governmentalnotices agencyon noticesthe Internet in accordance with this subsection, such agency must provide notice at least once per week in the print edition of a newspaper of general circulation within the region in which the governmental agency is located which states that legal notices pertaining to the agency do not all appear in the print edition of the local newspaper and that additional legal notices may be accessed on the newspaper’s website and that a full listing of any legal notices may be accessed on the statewide legal notice website located at www.floridapublicnotices.com.
Additionally, any such governmental agency must post a link on its website homepage to a webpage that lists all of the newspapers in which the governmental agency publishes legal notices.
(7) Notwithstanding the authorization of Internet-only publication for certain governmental agency notices in accordance with subsection (5), any other statute requiring the publication of an official legal notice in the print edition of a newspaper may not be construed to be superseded.
50.031 Newspapers in which legal notices and process may be published.—No notice or publication required to be published in the print edition of a newspaper or on a newspaper’s website,website if authorized, 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 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 or on a newspaper’s website which at the time of such publication shall have been in existence for 21 yearsyear and meetsshall have been entered as periodicals matter at a post office in the requirementscounty setwhere forthpublished, or in s.a newspaper which is a direct successor of a newspaper which has together have been so published;
50.011 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 has together have been so published;
NAME OF COUNTY NEWSPAPER Published (Weekly or Daily) (Town or City) (County) FLORIDA STATE OF FLORIDA 374253 COUNTY OF ....:
or by publication on the newspaper’s website,website if authorized, on ...(date)....
396275 Sworn to and subscribed before me this ....
400279 ...(Signature of Notary Public)...
402281 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
404283 ...(Notary Public)...
Section 7. Subsection (5)(4) of section 50.061,83.806, Florida Statutes, is amended to read:
50.061 Amounts83.806 Enforcement chargeable.— (5) If the public notice is published in a newspaper, the posting of thelien.—An noticeowner’s onlien theas newspaper’sprovided websitein pursuant to s.
50.0211(3)83.805 s.may be satisfied as follows:
50.0211(2)(4) After mustthe expiration of the time given in the notice, an advertisement of the sale or other disposition shall be donepublished atonce noa additionalweek charge.for 2 consecutive weeks in a newspaper of general circulation in the area 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.
Section(a) A 8. Subsectionlien (12)sale ismay addedbe toconducted sectionon 90.902,a Floridapublic Statutes,website tothat read:customarily conducts personal property auctions.
90.902 Self-authentication.—ExtrinsicThe evidencefacility ofor authenticityunit asowner ais conditionnot precedentrequired to admissibilityhold isa notlicense requiredto for:post property for online sale.
(12) AInasmuch legalas noticeany publishedsale inmay accordanceinvolve withproperty theof requirementsmore ofthan chapterone 50tenant, ina thesingle printadvertisement editionmay orbe onused theto websitedispose of aproperty qualifiedat newspaper.any one sale.
Section(b) The 9. Sectionadvertisement 11.02,shall Floridainclude: Statutes, is amended to read:
1. A brief and general description of what is believed to constitute the personal property contained in the storage unit, as provided in paragraph (2)(b).
2. The address of the self-service storage facility or the address where the self-contained storage unit is located and the name of the tenant.
3. The time, place, and manner of the sale or other disposition.
The sale or other disposition shall take place at least 15 days after the first publication.
(c) If there is no newspaper of general circulation in the 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.
Section 8. Section 11.02, Florida Statutes, is amended to read:
Section 9. Subsection (2) of section 45.031, Florida Statutes, is amended to read:
45.031 Judicial sales procedure.—In any sale of real or personal property under an order or judgment, the procedures provided in this section and ss.
45.0315-45.035 may be followed as an alternative to any other sale procedure if so ordered by the court.
(2) PUBLICATION OF SALE.—Notice of sale shall be published by Internet publication in accordance with s.
50.0211(5) for at least 2 consecutive weeks before the sale or, if published in print, once a week for 2 consecutive weeks in a newspaper of general circulation, as provided defined in chapter 50, published in the county where the sale is to be held.
The second publication by print shall be at least 5 days before the sale.
The notice shall contain:
(a) A description of the property to be sold.
(b) The time and place of sale.
(c) A statement that the sale will be made pursuant to the order or final judgment.
(d) The caption of the action.
(e) The name of the clerk making the sale.
(f) A statement that any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim before the clerk reports the surplus as unclaimed.
370 The court, in its discretion, may enlarge the time of the sale.
Notice of the changed time of sale shall be published as provided herein.
1. By publication in athe newspaperprint qualifiededition underof chaptera 50newspaper of general circulation in the affected area;area or by Internet publication in accordance with s.
50.0211(5);
50.0211(5) or, if published in print, once a week for 2 consecutive weeks in a newspaper qualified under chapter 50 that is of general circulation published in the county or counties affected, as provided in chapter 50.
50.0211(5) or, if published in print, once a week for 2 consecutive weeks in a newspaper qualified under chapter 50 of general circulation published in the county or counties affected, as provided in chapter 50.
NOTICE OF (TYPE OF) CHANGE 672603 The ...(name of local governmental unit)...
678609 Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area within the local government covered by the proposed ordinance or resolution.
(a)1. Such notice shall be published infor print4 orconsecutive weeks on a newspaper’s website and the statewide legal notice website as provided in s.
50.0211(5) or, if published in print, once during each week for 4 consecutive weeks.weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located.
If published in print, the notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located.
773703 NOTICE OF (TYPE OF) CHANGE 775705 The ...(name of local governmental unit)...
780710 Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance.
Any other provision of law to the contrary notwithstanding, 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 by Internet publication or by publication by publication 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.
4. The petitioner shall cause to be published in a newspaper qualified to publish legal notices of general circulation in the proposed district a notice of the intent to amend the ordinance that establishes the district.
NOTICE OF PROPOSED TAX INCREASE 1049979 The ...(name of the taxing authority)...
1061991 A FINAL DECISION on the proposed tax increase and the budget will be made at this hearing.
1067997 NOTICE OF BUDGET HEARING 1069999 The ...(name of taxing authority)...
10741004 (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.
NOTICE OF PROPOSED TAX INCREASE 10811011 The ...(name of school district)...
11211051 This increase is required under state law in order for the school board to receive $...(amount A)...
11251055 (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:
11291059 NOTICE OF BUDGET HEARING 11311061 The ...(name of school district)...
11361066 (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 countycounty, which meets the requirements of chapter 50, 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 thereafter, and not later than September 18.
NOTICE OF TAX INCREASE 11551085 The ...(name of the taxing authority)...
11621092 (h) In no event shall any taxing authority add to or delete from the language of the advertisements as specified herein unless expressly authorized by law, except that, if an increase in ad valorem tax rates will affect only a portion of the jurisdiction of a taxing authority, advertisements may include a map or geographical description of the area to be affected and the proposed use of the tax revenues under consideration.
11991129 THE PROPOSED OPERATING BUDGET EXPENDITURES OF ...(name of taxing authority)...
12031133 For purposes of this paragraph, “proposed operating budget expenditures” or “operating expenditures” means all moneys of the local government, including dependent special districts, that:
12121142 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.
The notice shall be published in a newspaper qualified to publish legal notices of general circulation in the county or counties of general interest and readership in the community as provided in s.
12541184 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, by Internet publication or by print in a newspaper qualified to publish legal notices of general circulation in 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.
13821312 NOTICE OF PRIME RECHARGE AREA DESIGNATION 13851315 The ...(name of taxing authority)...
13931323 The governing board of the water management district shall adopt a designation of prime groundwater recharge areas to the Floridan and Biscayne aquifers by rule within 120 days after the public hearing, subject to the provisions of chapter 120.
14451375 The notice shall be prepared by the applicant and shall comply with the following format:
14481378 Notice of Application The Department of Environmental Protection announces receipt of an application for a permit from ...(name of applicant)...
14541384 This application is being processed and is available for public inspection during normal business hours, 8:00 a.m.
Section 29. Subsection29. Paragraph (5)(b) of subsection (3) of section 849.38,712.06, Florida Statutes, is amended to read:
712.06 Contents of notice;
recording and indexing.— (3) The person providing the notice referred to in s.
712.05, other than a notice for preservation of a community covenant or restriction, shall:
(b) Publish the notice referred to in s.
712.05 by Internet publication as provided in s.
50.0211(5) or printed once a week, for 2 consecutive weeks, in a newspaper as defined in chapter 50, the notice referred to in s.
712.05, with the official record book and page number in which such notice was recorded, in a newspaper as defined in chapter 50 in the county in which the property is located.
Section 30. Subsection (5) of section 849.38, Florida Statutes, is amended to read:
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 by print or posted for at least 2 consecutive weeks on a newspaper’s website and the statewide legal notice website in accordance with s.
50.0211(5).50.0211(5) or published in print at least once each week for 2 consecutive weeks in a some newspaper of general publication published in the county, if there is be such a newspaper published in the county.
and If publishedthere inis print,no newspaper of general circulation not, the citationthen shallsaid appearnotice atof leastsuch oncepublication eachshall weekbe formade 2by consecutivecertificate weeksof inthe aclerk someif newspaperpublication qualifiedis tomade publishby legalposting, noticesand underby chapteraffidavit 50as thatprovided isin ofchapter general50, if made by publication publishedas provided in thechapter county,50 ifin therea isnewspaper, which affidavit or certificate shall be suchfiled and become a newspaperpart publishedof the record in the county.cause.
and If there is no such newspaper not, the 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.
Section 30. Paragraph31. Paragraph (a) of subsection (6)(3) of section 932.704,865.09, Florida Statutes, is amended to read:
865.09 Fictitious name registration.— (3) REGISTRATION.— (a) A person may not engage in business under a fictitious name unless the person first registers the name with the division by filing a registration listing:
1. The name to be registered.
2. The mailing address of the business.
3. The name and address of each registrant.
4. If the registrant is a business entity that was required to file incorporation or similar documents with its state of organization when it was organized, such entity must be registered with the division and in active status with the division;
provide its Florida document registration number;
and provide its federal employer identification number if the entity has such a number.
5. Certification by at least one registrant that the intention to register such fictitious name has been advertised as provided at least once in a newspaper as defined in chapter 50 in the county in which the principal place of business of the registrant is or will be located.
6. Any other information the division may reasonably deem necessary to adequately inform other governmental agencies and the public as to the registrant so conducting business.
Section 32. Paragraph (a) of subsection (6) of section 932.704, Florida Statutes, is amended to read:
50.0211(5) or, if published in print, once each week for 2 consecutive weeks in a newspaper qualified to publish legal notices under chapter 50 of general circulation, as defined in s.
Section 31. This33. This act shall take effect JanuaryJuly 1, 2022.
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Action History
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Laid on Table, companion bill(s) passed, see CS/HB 35 (Ch. 2021-17)
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Substituted CS/HB 35
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Read 2nd time
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Placed on Special Order Calendar, 04/29/21
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CS/CS by Appropriations read 1st time
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Placed on Calendar, on 2nd reading
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Pending reference review -under Rule 4.7(2) - (Committee Substitute)
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CS/CS by- Appropriations; YEAS 19 NAYS 0
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On Committee agenda-- Appropriations, 04/19/21, 10:00 am, 412 Knott Building
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Now in Appropriations
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Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Criminal and Civil Justice; YEAS 5 NAYS 3
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On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 04/16/21, 8:00 am, 37 Senate Building
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On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 04/13/21, 2:00 pm, 37 Senate Building --Meeting cancelled
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On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 04/08/21, 11:30 am, 37 Senate Building --Temporarily Postponed
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CS by Judiciary read 1st time
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Now in Appropriations Subcommittee on Criminal and Civil Justice
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Judiciary; YEAS 8 NAYS 3
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On Committee agenda-- Judiciary, 03/22/21, 3:30 pm, 412 Knott Building
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Introduced
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On Committee agenda-- Judiciary, 02/15/21, 2:30 pm, 412 Knott Building --Temporarily Postponed
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On Committee agenda-- Judiciary, 01/25/21, 2:30 pm, 412 Knott Building --Temporarily Postponed
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Referred to Judiciary; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations
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Filed
Sponsors
- Rodrigues · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on · 3 voted No
Sponsors (1)
- Rodrigues
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 |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 0 |
| Unaffiliated | 13 | 0 | 0 | 1 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 19 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Book | — | Yea |
| Bracy | — | Yea |
| Brandes | — | Yea |
| Broxson | — | Yea |
| Diaz | — | Yea |
| Farmer | — | Yea |
| Gainer | — | Yea |
| Gibson | — | Yea |
| Hutson | — | Yea |
| Perry | — | Yea |
| Powell | — | Yea |
| Stewart | — | Yea |
| Bean | — | Yea |
| Stargel | — | Not Voting |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 2 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| No Party Affiliation | 0 | 1 | 0 | 0 |
| Total | 5 | 3 | 0 | 0 |
| % of votes cast | 63% | 38% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Gainer | — | Yea |
| Brandes | — | Yea |
| Perry | — | Yea |
| Bracy | — | Nay |
| Torres | — | Nay |
| Pizzo, Jason W. B. | No Party Affiliation | Nay |
| Rodriguez, Ana Maria | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 0 |
| Democrat | 0 | 2 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 8 | 3 | 0 | 0 |
| % of votes cast | 73% | 27% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Gibson | — | Yea |
| Brandes | — | Yea |
| Thurston | — | Nay |
| Baxley | — | Yea |
| Broxson | — | Yea |
| Rodrigues | — | Yea |
| Polsky, Tina Scott | Democrat | Nay |
| Rouson, Darryl Ervin | Democrat | Nay |
| Boyd, Jim | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 402 do?
- Legal Notices; Revising construction as to the satisfaction of publication requirements for legal notices; requiring the Florida Press Association to seek to ensure equitable access for minority populations to legal notices posted on the statewide legal notice website; authorizing a governmental agency to choose between print publication or Internet-only publication of specified governmental agency notices with specified newspapers if certain conditions are met; authorizing a newspaper to charge for Internet-only publication of governmental agency notices, subject to specified limitations, etc.
- Who sponsors SB 402?
- SB 402 is sponsored by Rodrigues.
- What is the current status of SB 402?
- This bill died with 2021 Regular Session. It reached “In Committee” 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 SB 402?
- Track SB 402 free on One Click Politics — get push/email alerts when it moves.
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