During the 2021 legislative session, the Florida Legislature passed House Bill 35 related to  legal notices. House Bill 35 specifically authorized municipalities1 to publish legal notices  on a newspaper’s website in lieu of a paper-based publication. Included in the authorization  for internet-only publication is municipal notices for second readings of ordinances, and of  comprehensive plan and rezoning ordinances under Section 166.041. Additionally, those  municipalities that decide to take advantage of internet-only publication may not be  charged any higher rate for online publication than the amount authorized under Section  50.061, Florida Statutes, for print publication.  

These new regulations take effect January 1, 2022. As such, this memorandum will outline  the changes in the law relative to the requirements for municipalities seeking to publish its  legal notices online. Please note that this memorandum is not a summary of all the changes made by House Bill 35 and that each city’s code will need to be reviewed and analyzed to determine if any code amendments are necessary to permit internet-only advertising.

Short Answer 

In sum, effective January 1, 2022, municipalities may publish legal notices on a qualifying  newspaper’s website so long as the municipality first holds a public hearing and makes certain requisite findings of fact by a majority vote of governing body, continues to publish a print edition disclaimer weekly, and also posts certain information on the municipality’s website.

Which Newspapers Qualify to Publish Online Legal Notices? 

House Bill 35 expanded upon and modified the requirements a newspaper is required to  meet to publish legal notices. While it is the newspaper that is responsible for meeting these  requirements to continue to publish legal advertisements and notices, municipalities may  only publish its legal notices online with newspapers which meet the new requirements.  Therefore, in order to provide a comprehensive review of the new framework, a summary of those requirements are as follows.  

Pursuant to Sections 50.011 and 50.031, Florida Statutes, as amended, a newspaper must: 

1) At the time of publication, have been in existence for 2 years or be the direct  successor of such a newspaper;² 

2) Be printed and published periodically at least once per week;³ 

3) Contain at least 25 percent of its words in the English language;⁴ 

4) Be 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 value to  the residents or owners of property in the county where published or the general  public; and⁵ 

5) Continually publish in a prominent manner (1) the name, street address, phone  number, website URL of the newspaper’s approved print auditor, (2) the newspaper’s  most recent statement of ownership, and (3) a statement of the auditor certifying the veracity of the newspaper’s print distribution and the number of newspaper’s  website’s monthly unique visitors or the newspaper’s periodicals permit, within the  first five pages of the print edition and the bottom portion of the homepage of the  newspaper’s website.⁶ 

Additionally, a newspaper must either (1) hold a periodicals permit as of March 1, 2021 and accept legal notices for publication as of that date or (2) meet a new standard which requires the newspaper to have an audience of at least 10 percent of the households in the county or municipality where the legal notice is being published or posted⁷ and also to be available to  the public, for sale or otherwise, at no less than 10 publicly accessible outlets.⁸ Beginning  January 1, 2024 all newspapers will be required to meet the new standard.⁹ 

The Florida Press Association is also now required to publish a report listing all newspapers  that have placed notices on www.floridapublicnotices.com?utm_source=rss&utm_medium=rss in the preceding quarter, identifying the criteria each newspaper satisfied, amongst other requirements.10 The  Florida Press Association is required to maintain the reports for a minimum of the four  preceding quarters available on the website.¹¹

What Types of Notices can be Published Online? 

In Section 50.0211, Florida Statutes, House Bill 35 created a definition of “governmental  agency notice” which provides a list of the types of notices municipalities are authorized  opt for internet-only publication. These include: (1) code enforcement notices published  pursuant to Section 162.12; (2) notices proposing the enactment of municipal ordinances  pursuant to Section 166.041; (3) advertisements of hearing notices, millage rates, and  budgets pursuant to Section 200.065; and (4) forfeiture notices pursuant to Sections 849.38  and 932.704. A full list of the types of notices authorized to be published online can be found  in Section 50.0211(1)(b), Florida Statutes.¹² 

What are the Requirements for a Municipality to Exercise its Option for Internet-Only  Publication of Governmental Agency Notices? 

In order for a municipality to opt for internet-only publication of governmental agency  notices, it must (1) hold a public hearing and make certain findings of fact by a majority  vote of governing body, (2) publish a print edition disclaimer weekly, and (3) post certain  information on the municipality’s website.¹³ The details of each of these requirements is addressed in turn below.  

To opt for internet-only publication of governmental agency notices, the municipality must  first make a specific determination of fact by a majority vote of the members of the  governing body after a public hearing. The governing body must determine that (1) the internet publication of such notices is in the public interest and (2) that the residents within  the jurisdiction of the municipality have sufficient access to the internet by broadband  service, or through other means, such that internet-only publication of notices would not  unreasonably restrict public access.¹⁴ The public hearing notice for this agenda item is  required to be published in the print edition of a qualifying newspaper, as detailed above.  The City Attorney’s Office is available to work with staff to ensure the appropriate study is  performed and the relevant supporting data is gathered to present to the City Commission  for its consideration. 

If a municipality exercises its option to publish internet-only governmental agency notices,  it must still provide notice at least once per week in the print edition of a qualifying  newspaper stating (1) that legal notices pertaining to the municipality do not all appear in  the print edition of the local newspaper and (2) 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?utm_source=rss&utm_medium=rss.¹⁵

Finally, the municipality must post a link on its website homepage to a webpage that lists  all of the newspapers on which it publishes legal notices.¹⁶ 

Please note, the Legislature specifically acknowledged that any other statute that requires  the publication of an official legal notice in the print edition of a newspaper may not be  construed to be superseded by the new internet-only publication requirements.¹⁷ 

What are the Requirements for the Internet-Only Notice? 

Lastly, House Bill 35 provided certain requirements for the notices to be published online only themselves. First, the notice must be placed in the legal notices section of the  newspaper’s website and at www.floridapublicnotices.com?utm_source=rss&utm_medium=rss.¹⁸ Second, all of the  requirements regarding the format and accessibility of legal notices provided in  Subsections 50.0211(3) and (4) also apply to internet-only publications.¹⁹ Third and finally,  the notice must be posted on the website of a newspaper of general circulation within the  jurisdiction of the municipality.²⁰ This final requirement is satisfied so long as the  requirements of Section 50.011(1), discussed above, are met.  

As always, if you have any questions regarding internet-only publication of legal notices  please feel free to contact your City Attorney’s Office.

¹ Although this memorandum focuses on municipalities, the Legislature created a definition for  “[g]overnmental agency” which includes “a county, a municipality, a district school board, or any  other unit of local government or political subdivision in this state” all of which may take advantage  of internet-only advertising. §50.0211(1)(a), Fla. Stat. (2021). 
² §50.031, Fla. Stat. (2021).
³ §50.011(1), Fla. Stat. (2021).
⁴ Id.
⁵ Id.
⁶ Id.
⁷ The Legislature has created a formula by which it is calculated whether this standard is met. §50.011(1)(c)(1), Fla. Stat. (2021).
⁸ §50.011(1), Fla. Stat. (2021).
⁹ There is a separate requirement that can be met for newspapers publishing notices in “fiscally  constrained count[ies]” as is defined in and provided for in the amendments from House Bill 35.  §50.011(1)(c)(3), Fla. Stat. (2021).
¹⁰ §50.0211(4), Fla. Stat. (2021).
¹¹ Id.
¹² Although the Legislature created a list of specific types of governmental agency notices, the  Legislature kept a catch-all applying the Section to all legal notices required to be published in  accordance with Chapter 50 unless otherwise specified. §50.0211(2), Fla. Stat. (2021).
¹³ §50.0211(5), Fla. Stat. (2021).
¹⁴ §50.0211(5)(a), Fla. Stat. (2021).
¹⁵ §50.0211(5)(d), Fla. Stat. (2021).
¹⁶ Id.
¹⁷ §50.0211(7), Fla. Stat. (2021).
¹⁸ §50.0211(5)(a), Fla. Stat. (2021).
¹⁹ Id.
²⁰ Id.

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• A governmental agency (including municipalities and their police departments) (hereinafter, “Agency” or “Agencies”) will be able to purchase/obtain a drone only from a list of approved manufacturers who satisfy specific security standards.
  • These approved vendors are to be compiled and posted by the Department of Management Services (the “Department”) by January 1, 2022.
• If an Agency uses a drone not manufactured by an approved vendor, the Agency must submit to the Department a comprehensive plan for discontinuing its use.
  • Rules identifying the requirements of this comprehensive plan are to be adopted by the Department.
• All Agencies must have discontinued the use of non-approved drones by January 1, 2023.
• Agencies are to comply with general rules and minimum security standards to be established by the Department.

• Newly revised section 934.50, Florida Statutes, now allows for drones to be used:
  • To provide aerial perspective of a crowd of 50 or more persons;
    • The head of the Agency using the drone in this fashion must provide written authorization for such use and maintain a copy on file at the Agency;
    • Furthermore, the Agency must have policies and procedures for such use in place, that include guidelines:
      • • For the Agency’s use of a drone;
        • For the proper storage, retention, and release of any images or video captured by the drone; and
        • That address safety and constitutional protections of the people being observed.
  • To assist with traffic management;
    • But the agency may not issue a traffic infraction based upon drone captured video or images;
  • To facilitate collection of evidence at a crime scene;
  • For the assessment of damage that is the subject of a state of emergency, before the expiration of the emergency declaration;
  • For the assessment of vegetation or wildlife management on publicly owned land or water; and
  • By certified fire department personnel to perform tasks within the scope and practice authorized under their certifications

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Additionally, small businesses may utilize two federal programs for contract opportunities: the Disadvantaged Business Enterprise program (DBE) and the Airport Concessions Disadvantaged Business Enterprise program (ACDBE). These two programs, however, are gender and race conscious. The DBE increases participation of minority groups in state and local procurement and the ACDBE increases opportunities for minority businesses to operate concessions in airports around the country. Both federal certifications are valid irrespective of which state you may choose to relocate your business. In making the decision to get certified in your county for these programs, businesses should consider their eligibility, application process, recertification, and access to technical assistance.

Miami-Dade County

Miami-Dade County offers one online application for local and federal certification programs.

Local Programs
Determining your eligibility for SBE.

• Must have a Miami-Dade County Local Business Tax Receipt for at least 1 year.
• Must have an actual location in Miami-Dade County.
• For home-based business, the owner must reside at the location. Virtual Offices are not accepted.
• Business Owner can only have one certified SBE firm.
• Three types of Small Business Enterprises (SBEs) may apply: (1) Goods and Services; (2) Architectural & Engineering; and (3) Construction.
• For more information on additional SBE eligibility requirements please visit the SBE Application Requirements.

Determining your eligibility for LDB.

• Must be located and performing commercially useful function in Miami-Dade County or be at least 51% owned by a person or persons who reside in Miami-Dade.
• Must not exceed 3-year average gross receipts of $22,410,000.
• Must possess the required licenses to do business in Miami-Dade County.
• Annual renewal of certification is required.
• Program provides opportunities for small businesses to provide aeronautical services to the Miami International Airport.
• For more information on additional LDB eligibility requirements, please visit LDB application requirements.

Federal Programs
Miami-Dade County participates in the DBE and ACDBE programs. The requirements for eligibility include the following:

Determining your eligibility for DBE and ACDBE.

• Owners must own 51% of the firm and be a member(s) of one of the following groups:

• • Women (regardless of race)
  • Black Americans
  • Hispanic Americans
  • Native Americans
  • Subcontinent Asian Americans

• Must be a small business as defined under Small Business Administration (SBA). Please visit SBA requirements for more details.
• Must be independent.
• For more information on additional DBE/ACDBE requirements, please visit Miami-Dade Website: DBE/ACDBE Eligibility requirements or Federal website DBE/ACDBE requirements.

Applying for Certification (all local and federal programs)

• The certification application is web-based. To submit an application, please visit the Business Management Workforce System (BMWS) Web-based Application.

Maintaining your recertification (all programs)

• To renew your certification, please visit BMWS renewal and login into Business Management Workforce System.

Accessing technical assistance

• If you are having difficulties submitting your application, please contact the BMWS support team.

For additional information, you may contact the Miami-Dade Internal Services Department – Small Business Development Division at 305-375-3111 or email or visit their website.

Broward County

Local Program
Broward offers two local programs: County Business Enterprise (CBE) and Small Business Enterprise (SBE). CBE provides opportunities for larger projects and businesses may hire subcontractors. SBE provides opportunities for smaller projects and businesses use only their resources and no subcontractors. One online application form is used to determine eligibility for both program; a business can qualify for both certifications.

Determining your eligibility

• Personal net worth per owner < $1.32 million.
• Firm/Business must be independent.
• Vendor must have a Broward Business Tax Receipt and be located in Broward County.
• Business must be established for a period of one year prior to submitting its application.
• Site visit by Office of Economic and Small Business Development (OESBD).
• 15 or less permanent full-time employees (SBE requirement only).
• For more information on additional requirements, please visit SBE/CBE requirements.

Applying for Certification

• Applicants must use the Google chrome Browser to submit the online application.
• Applicants must have access to a Broward Account or create one.
• Must have all documents on the checklist. Each document must be saved separately and uploaded individually.
• Before starting the online application, an affidavit must be signed and uploaded.
• You may also watch this video for a step-by-step tutorial on your application.

Maintaining your recertification

• Business must submit the Renewal Form by the firm’s anniversary date; failure to do so will result in the suspension of the business’s certification.

Accessing technical assistance

• For more information and assistance with DBE/ACDBE certification, please call 954-357-6400.

Federal Programs
Broward county participates in the DBE and ACDBE programs. Please see the requirements below.

Determining your eligibility

• Must be a small business.
• Must be a for-profit business.
• Must be independent.
• Must be 51% owned or controlled by a socially and economically disadvantaged U.S. citizen or legal resident.
• For more information on additional requirements, please visit Broward County Website DBE/ACDBE Program Eligibility or Federal website DBE/ACDBE requirements.

Applying for Certification

• Applicants may submit their application to the Office of Economic and Small Business Development. Mail only.

Maintaining your recertification

• Once a year on the date of the initial certification, business should send in the completed No Change Declaration form along with the previous year’s business complete tax return.

Accessing technical assistance

• For more information and assistance with the CBE/SBE certification, please call 954-357-6400.

For additional information, you may contact the Broward Office of Economic and Small Business Development or visit their website.

If you need further technical assistance with any of the application process for the programs listed in this document, please contact Small Business Administration, Enterprise Florida, Florida State Minority Supplier Development Council, Minority Business Development Center or FIU Small Business Development Center.

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