Item Q3C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The Florida Keys
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Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
August 15, 2018
Agenda Item Number: Q.3
Agenda Item Summary #4303
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert (305) 292 -3470
No
AGENDA ITEM WORDING: Update, discussion, and direction on the County's ability to publish
additional notices and legal ads in other local newspapers.
ITEM BACKGROUND: As previously advised, The Keynoter and Reporter, which were formerly
utilized as additional publications as per County Policy are now only in digital form and offering no
publication of legal notices. When this change in publications took place, County staff revised the
purchasing policy to remove the County's self- imposed requirement that notices of competitive
solicitations be in three (3) newspapers, the Key West Citizen, the Keynoter and the Reporter.
Currently, the Key West Citizen meets the legal requirements for legal notices in accordance with
the definition of "newspaper of general circulation ", as per F.S. 50.011 and 50.031 (set forth in detail
below) and is the only known newspaper which has been in existence for I year, is printed once a
week or oftener, contains at least 25 percent of its words in the English language, is entered or
qualified to he entered as periodicals at post office and is for sale to the general public. (See AGO
73 -149; AG letter dated 4/22/92 to Islamorada Free Press; AGO 94 -24; AGO 2012 -11).
Section 50.011, Florida Statutes, provides that any statutorily prescribed legal notice, advertisement,
or publication be published:
"..in a newspaper printed and published periodically once a week or oftener,
containing at least 25 percent of its words in the English language. entered or
qualified to he 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
eg nerally 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 ofnronerty in the countv where published or of interest or of
value to the ,general public
In addition, section 50.031, Florida Statutes, requires, in part, that such newspapers:
"at the time of such publication shall have been in existence for I 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; provided, however, that nothing herein
contained shall apply where in any county there shall be no newspaper in
existence which shall have been published for the length of time above
prescribed."
All of the County's legal notices appear in the Citizen and are also listed at
www.floridapublicnotices.com a searchable statewide repository for all public legal notices.
Additionally, notices of competitive solicitation and some public meeting notices etc. are posted on
the County's website.
The county may publish duplicate legal notices in newspapers which do not meet the criteria set
forth in ss. 50.011 and 50.031, Florida Statutes while also publishing in a newspaper meeting the
statutory requirements, if the board finds that additional notification satisfies a public purpose. (See
AGO 90 -67).
There will be increase costs to the County if additional publications are utilized. While it will depend
upon the specific newspaper's advertising cost and the type and size of advertisement, the following
is an estimate of expenditures for various ads:
1. Notice of Competitive Solicitations: Cost range generally from approximately $79 to $85 for
standard notices and $500 -$600 for display ads. In FY 17 we had approximately 53 Notices for
Competitive Solicitations. At the lowest cost for notices ($79.00), publication for 53 notices will
result in an annual total increase of approximately $4,187 per additional publication.
2. Notices for Public Hearings for adoption of Ordinances: Cost generally range from
approximately $140.00 to $165.00. The County Attorney's Office ran 17 notices in 2017, 12 in
2016, 13 in 2015, 10 in 2014, 18 in 2013, and 22 in 2012. At the lowest cost for notices
($140.00), publication for 17 notices will result in an annual total increase of approximately
$2,380 per additional publication.
Please note The above Notice for Public Hearings does not include for Planning &
Environmental Resources Department's advertisement.
The Purchasing Policy provides that notice of competitive solicitations, may be advertised in the
Miami Herald, if approved by the Department Director. The County cost for notices range in the
Miami Herald, but generally notices are approximately $50.00 for publication in the Miami Herald.
If the Board felt inclined to run notices in additional publications, then it may wish to direct staff to
work on utilizing other local printed newspapers for its legal notices. From a legal perspective,
additional publication of legal notices is not necessary, but if the Board wishes to adopt a policy to
run additional legal notices it may legally do so if it finds that its supports a public purpose.
PREVIOUS RELEVANT BOCC ACTION: Board approved revised Monroe County Purchasing
Policy at its April 19, 2018 meeting to only require notice of competitive solicitations to be
published in Citizen.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
AGO 73 -149 Publication of legal notice in newspaper not for sale to general public is not legally
suffcient
AGO Letter to Islamorada Free Press regarding sale being requirement 4 22 92
AGO 12 -11
AGO 90 -67 additional publication ok even if they don't meet 50.011 or 50.031 requirements
Summary of information for NewsBarometer and KeysWeekly including circulation, rates etc.
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: Increase cost for additional advertising per newspaper, total
additional amount is unknown at this time.
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger
Completed
07/31/2018 11:52 AM
Christine Limbert
Completed
07/31/2018 6:51 PM
Budget and Finance
Completed
08/01/2018 9:40 AM
Maria Slavik
Completed
08/01/2018 9:45 AM
Kathy Peters
Completed
08/01/2018 9:47 AM
Board of County Commissioners
Pending
08/15/2018 9:00 AM
073 -149 ANNUAL REPORT OF THE ATTORNEY GENERAL
of county commissioners, who are likewise constitutional officers,
before a set yearly date. . . .
[2] We hold that this legislative scheme clearly falls within the
prerogative of the legislature and meets the constitutional requisites of
this State.
which case clearly upholds the provisions for a sheriff to submit -his budget for
deputies' salaries and expenses to the county commission for approval. It then
must follow that if such legislative scheme provides for the submission of such
budget to the commission, then an approval of such budget by the commission
would likewise be lawful.
It therefore follow that the inequities that now exist must be alleviated
either by legislative enactment permitting the payment of such perquisite or by
proper adjustment in wage and salary schedules approved by the county
commissioners as provided in §30.53, F. S.
073 - 149 —May 8, 1973
LEGAL NOTICES
NEWSPAPERS IN WHICH LEGAL NOTICES MAY BE PUBLISHED
To: Michael H. Cates, City Attorney, Key West
Prepared by: Joseph C. Mellichamp III, Assistant Attorney General
QUESTIONS:
1. Is publication of a legal notice in a newspaper not for sale to the
general public legally sufficient in view of the requirements of §50.011,
F. S.?
2. Is publication of a legal notice in a newspaper which has not
been entered as, or is not qualified to be admitted or entered as,
second -class matter at a post office in the county where published
legally sufficient in view of the requirements of §§50.011 and 50.031, F.
S.?
Sl y) UV_ T/•�ti�'.
Publication of a legal notice in a newspaper not for sale to the
general public is not legally sufficient in view of the requirements of
§50.011, F. S.
Publication of a legal notice in.a newspaper which has not been
entered as, or is not qualified to be admitted or entered as, second -class
matter at a post office in the county where published for a period of one
year next preceding the first insertion of such publication is not legally
sufficient in view of the requirements of § §50.011 and 50.031, F. S.
AS TO QUESTION 1:
Your first question is answered in the negative.
Newspapers in which legal notice and process may be published are defined in
§50.011, F. S., and on the point here involved, said section states:.
Whenever by statute an official or legal advertisement or a
publication, or notice in a newspaper has been or is directed or permitted
. . . the rule of interpretation is and has been, a publication in a
newspaper printed and published periodically once a week or oftener,
containing at least twenty -five per cent of its words in the English
language, entered or qualified to be admitted and entered as second -class
238
ANNUAL REPORT OF THE ATTORNEY GENERAL 073 -149
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.
If a newspaper is not for sale or available to the public generally, the
publication would seem to be illegal under §50.011, supra, for the purpose of
publishing legal notices. Thus, publication of a legal notice in a newspaper not for
sale to the general public is not legally sufficient in view of the requirements of
§50.011, supra, nor would such publication meet the requirements of due process
of law. Culclasure v. Consolidated Bond and Mortgage Co., 114 So. 540 (Fla. 1927);
D. J. Johnson v. Taggart, 92 So.2d 606 (Fla. 1957).
AS TO QUESTION 2:
Your second question is answered in the negative.
Newspapers in which legal notice and process may be published are defined in
§ §50.011 and 50.031, F. S., and on the point here involved, §50.031 states:
No notice or publication required to be published in a newspaper
. . . 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 continuously published at least once each week and shall have
i been entered as second class mail matter at a post office in the county
j; where published for a period of one year next preceding the first insertion
of such publication . . . .
Section 50.011, supra, speaks also to a newspaper entered as, or qualified to be
admitted and entered as, second -class matter at a post office in the county where
published. Thus, if a newspaper has not been entered as second -class matter for a
one -year period prior to publication of a legal notice, the publication would seem to
be illegal under § §50.011 and 50.031, supra, although the newspaper might have
been published for more than one year. Attorney General Opinion 041 -38, Feb. 6,
1941, Biennial Report of the Attorney General, 1941 -1942, p. 71 and AGO 064 -150;
and cf. § § 50.041 and 50.051, F. S., with respect to proof of publication and the
requirements of uniform affidavits to establish such proof of publication.
Thus, publication of a legal notice in a newspaper which has not been entered
as, or is not qualified to be admitted or entered as, second -class matter at a post
office in the county where published'is not legally sufficient in view of the
requirements of § §50.011 and 50.031, F. S.
In view of the above, it is my opinion that if a newspaper does not meet the
criteria set out in §§50.011 and 50.031, F. S., the publication of legal notices in such
a newspaper would not be legally sufficient. Whether or' ot a specific newspaper
meets these criteria is a factual determination which must be made on an individual
basis at the local level inasmuch as this office is not equipped to make such a
determination.
239
- DEPARTMENT OF LEGAL AFFAIRS
THE CAPITOL
ROBERT A. BUTTER%VORTff
A trorney General
State of Florida
April 22, 1992
TALLAHASSEE, FLORIDA 32399-1054
Dave Whitney
Editor
Islamorada Free Press
P.O. Box 469
Islamorada, Florida 33036
Dear Mr. Whitney:
Thank you for contacting this office regarding the criteria set
forth in ss. 50.011 and 50.031, F.S., for publication of legal
notices by newspapers. Your newspaper does not meet all the
requirements set forth in these statutes but has a higher
circulation than the local paper in which legal notices are
published. You question the fairness of the statute which
requires that newspapers must be sold in order to satisfy
the statutory requirements of s. 50.011, F.S.
After reviewing the information you have submitted, it does not
appear that this is a matter upon which this office may comment.
The Attorney General is statutorily authorized to provide legal
advice and opinions to governmental agencies and officers on
questions of law relating to their official duties.
However,, in an effort to provide you with some direction in this
matter I would note the following. This office has no authority
to advise anyone to disregard a legislative direction or mandate.
On the contrary, a statutory requirement is presumptively valid
and muse be _given effect until it is declared invalid by the
courts. Thus, this office has no authority to advise you
that the requirement in s. 50.011, F.S., may be ignored. I am
enclosing a copy of AGO 90-67 which discusses the requirements
of these statutes.
I would also note that legislation was introduced during the 1992
Legislative Session which would have removed the requirement in
S. 50.011, F.S., that newspapers Je sold in order to qualify for
the publication of legal notices. This bill died in committee.
Thus, while the Legislature recognizes the problem with which you
r.
IS
Mr. Dave Whitney
Page Two
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are concerned, it does not appear that they are prepared to make CL
the necessary changes in the statute to delete the sales require-
ment. You may wish to contact your local legislative delegation
to urge that they introduce or support amendatory legislation
which would make these changes during the next session.
0
I trust you will understand that the inability of this office 2
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to become directly involved in this matter is the result of 'a
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statutory constraints rather than a lack of concern. M
Sincerely,
Gerry Hammond
Assistant Attorney General
GH/trh
Enclosures
1 See, s. 16.01(3), F.S., and Department of Legal Affairs
Statement of Policy Concerning Attorney General Opinions (copies
enclosed).
2 Cf., Pj-ckerill v. Schott, 55 So.2d 716 (Fla. 1951), and State
ex rel. Atlantic Coastline R. Co. v. state Board of Equalizers,
94 So. 681 (Fla. 1922).
3 See, HB 0451, Florida Legislature, Regular Session, 1992.
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Mr. John B. Lynch, Fla. AGO 2012 -11 (2012 ) Q.3.c
Fla. AGO 2012 -11 (F1a.A.G.), 2012 WL 1 4953 1 4
Office of the Attorney General
State of Florida
AGO 2012 -11
April 25, 2012
RE: LEGAL NOTICE — NEWSPAPERS— newspaper must be published weekly or more often for one year prior to
publication of legal notice. ss. 50.11 and 50.031, Fla. Stat.
*1 Mr. John B. Lynch
City Manager
City of Lynn Haven
825 Ohio Avenue
Lynn Haven, Florida 32444
Dear Mr. Lynch:
You have asked substantially the following question:
Is a local newspaper which published on a bi- weekly l basis for more than one year, but recently began publishing on a
weekly basis qualified for publication of legal notices pursuant to Chapter 50, Florida Statutes?
In sum:
A newspaper which has not been published on a weekly or more often schedule for one year prior to the first publication
of a legal notice would not qualify for publication of a legal notice pursuant to Chapter 50, Florida Statutes.
You state that the city is exploring ways in which to reduce the expense of publishing legal notices. Currently, there is
only one newspaper in the county which will publish public legal notices and you feel the newspaper's rates for such
publications are excessive. You have contacted a locally -owned newspaper with a circulation of 5000 which prior to
July 2011, was published on a twice - monthly basis. Since July, 2011, the paper has been published on a weekly basis.
The question has arisen whether a paper which has been publishing on a twice - monthly basis for more than a year, but
publishing on a weekly basis only since July 2011, would meet the requirement of having been in existence for one year.
Section 50.011, Florida Statutes, provides that any statutorily prescribed legal notice, advertisement, or publication be
published:
"in a newspaper printed and published periodically 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." 2 (e.s.)
In addition, section 50.031, Florida Statutes, requires, in part, that such newspapers
"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
Mr. John B. Lynch, Fla. AGO 2012 -11 (2012 ) Q.3.c
have been so published; provided, however, that nothing herein contained shall apply where in any county there shall be
no newspaper in existence which shall have been published for the length of time above prescribed." (e.s.)
While there is an exception provided in section 50.031, Florida Statutes, for counties in which there has been no
newspaper in existence that has been published for the requisite time, it would not appear to be applicable to Bay County
in which your city is located. 3
*2 In sections 50.011 and 50.031, Florida Statutes, the Legislature has prescribed detailed minimum requirements a
newspaper must meet before it qualifies for publication of legal notices. This office has stated that strict compliance
with these minimum requirements forecloses the prospect of a successful due process challenge to the notice provided. '
Moreover, this office has consistently maintained that the one year requirement applies to both the existence of a
newspaper within the scope of section 50.031, Florida Statutes, and to the length of time that such material must have
been circulated as periodical material. 5 This conclusion is supported by the statutory requirements for the uniform
affidavit used to establish proof of publication which includes the statement that the newspaper "is a newspaper published
at _, in said _ County, Florida, and that the said newspaper has heretofore been continuously published in said
County, Florida, each _ and has been entered as periodicals matter at the post office in _, in said _ County, Florida,
for a period of 1 year next preceding the first publication of the attached copy of advertisement[.]" 6
In Attorney General Opinion 96 -25, this office concluded that the joint publication of a city's legal notices in a weekly
newspaper published and circulated within the city at no charge, but with no second class mailing permit, and in a
neighboring city's weekly newspaper with limited circulation within the subject city, but with a second class mailing
permit, did not satisfy the publication requirements of section 50.011, Florida Statutes. Citing the prescribed detailed
minimum requirements in sections 50.011 and 50.031, Florida Statutes, that a newspaper must meet before it qualifies
for publication of legal notices, the opinion found strict compliance with the minimum requirements was the only means
to foreclose the prospect of a successful due process challenge to the notice provided. 7 Neither of the papers used by the
city independently met the requirements for publication of legal notice prescribed in Chapter 50, Florida Statutes.
In light of the potential legal consequences of insufficient legal notice and this office's previous opinions determining
that strict compliance with the minimum requirements of the statute must be met, it would appear advisable to publish
a legal notice in a newspaper that has complied with all of the minimum requirements for at least one year prior to the
date of the first publication of a public legal notice.
Accordingly, it is my opinion that a newspaper which has not been published on a weekly or more often schedule for
one year prior to the first publication of a legal notice does not qualify for publication of a legal notice pursuant to
Chapter 50, Florida Statutes.
Sincerely,
*3 Pam Bondi
Attorney General
Footnotes
1 The term "bi- weekly" is used to denote a publication every two weeks.
2 See Op. Att'y Gen. Fla. 90 -67 (1990), stating that a newspaper which meets the requirements of ss. 50.011 and 50.031, Fla.
Stat., may be utilized for the publication of notices of proposed municipal ordinances as required in s. 166.041(3)(a), Fla. Stat.
And see Op. Att'y Gen. Fla. 96 -25 (1996).
3 You indicate the Panama City News Herald, currently a daily newspaper published in Bay County, publishes legal notices.
4 See, e.g., Ops. Att'y Gen. Fla. 73 -149 (1973) (publication in newspaper not meeting the requirements of s. 50.011, Fla. Stat.,
does not meet the requirements of due process of law); 94 -24 (1994). And see Daytona Leisure Corporation v. City of'Dayton a
Mr. John B. Lynch, Fla. AGO 2012 -11 (2012 ) Q.3.c
Beach, 539 So. 2d 597, 599 (Fla. 5th DCA 1989) (measures passed in contravention of notice requirements are invalid if not
strictly enacted pursuant to statutory requirements).
5 See Ops. Att'y Gen. Fla. 02 -70 (2002) and 94 -24 (1994). And see Ops. Att'y Gen. Fla. 41 -38 (1941), at p. 70; 64 -150 (1964);
73 -149 (1973); and 74 -125 (1974). The earlier opinions refer to "second class mail." Sections 21 and 22, Chapter 99 -2, Laws
of Florida, respectively amended ss. 50.011 and 50.031 to conform to the redesignation of second -class matter as periodicals
by the United States Postal Service.
6 See s. 50.051, Fla. Stat.
7 See Op. Att'y Gen. Fla. 73 -149 (1973) (due process requirements are not met by publication in newspaper not meeting the
requirements of s. 50.011, Fla. Stat.).
8 See Ideal Forms Drainage District v. Certain Lands, 19 So. 2d 234 (Fla. 1944); Forsythe v. Longboat Key Beach Erosion Control
District, 604 So. 2d 452 (Fla. 1992) (all parts of a statute must be read together in order to achieve a consistent whole); State
ex rel. Ashby v. Haddock, 140 So. 2d 631 (Fla. 1st DCA 1962).
Fla. AGO 2012 -11 (F1a.A.G.), 2012 WL 1 4953 1 4
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Jlr_ao�a o�'11�-s�n�rAot V c( =1`� II?,.t €,,,,fl ,.utrs3, ia,. r[afis� lo ,.s a „ =fla[ t'.S. :.. Wo,€'k3.
. Sharon v. Delegal, 1990 Fla. Ogg. Atty. Gen. 206 (1990 )
1990 Fla. Op. Atty. Gen. 2o6 (F1a.A.G.), Fla. AGO go- 67,1990 WL 509077
Office of the Attorney General
State of Florida
AGO 90 -67
August 17, 1990
*1 Ms. Sharon v. Delegal d
City Attorney
City of Pompano Beach
CL
Post Office Box 2083
Pompano Beach, Florida 33061
Dear Ms. Delegal:
L
You have asked substantially the following questions:
5
1. May a newspaper which satisfies the criteria set forth in ss. 50.011 and 50.031, F.S., be utilized for the publication of
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notices of proposed municipal ordinances as required in s. 166.041(3)(a), F.S. ?,
2. When a statute such as ss. 171.031(4), 163.3184(15)(c), or 166.041(3)(c) 2., F.S., specifically refers to a "newspaper of
general circulation," may a newspaper which satisfies the requirements of ss. 50.011 and 50.031, F.S., be used to publish
public hearing notices prescribed by those sections?
3. May a municipality designate a newspaper which meets the requirements of ss. 50.011 and 50.031, F.S., as the official
publication for legal notices and, in addition, spend city funds to publish duplicate notices in other newspapers in an
effort to reach a greater number of citizens? These secondary newspapers, publishing duplicate notice, would not be
required to meet the criteria set forth in ss. 50.011 and 50.031, F.S.
In sum:
1. A newspaper which meets the requirements of ss. 50.011 and 50.031, F.S., may be utilized for the publication of notices
of proposed municipal ordinances as required in s. 166.041(3)(a), F.S., as long as the terms of this section are also met.
2. To the extent particular statutes mandate the inclusion of additional or specific information in a legal notice published
in a newspaper, compliance with these requirements is necessary in addition to those basic requirements set forth in ss.
50.011 and 50.031, F.S.
3. A municipality may designate a newspaper as the official publication for legal notices of the municipality if the
governing body determines that the action is undertaken for a municipal purpose. Likewise, if the City of Pompano
Beach determines that a municipal purpose is satisfied by the expenditure of public funds to publish duplicate legal
notices, such publication would be appropriate.
Your questions are interrelated and will be answered together.
Initially, I would note that the determination of whether any particular publication meets the requirements set forth in
ss. 50.011 and 50.031, F.S., is a mixed question of law and fact which the courts must resolve; this office possesses no
authority to make such a determination. l
. Sharon v. Delegal, 1990 Fla. Op. Atty. Gen. 206 (1990 )
Florida follows the majority view whereby measures passed in contravention of notice requirements are invalid, that is,
they are null and void if not strictly enacted pursuant to statutory requirements. 2 Thus, if the City of Pompano Beach
does not follow the appropriate notice requirements for official actions, those actions are invalid.
Section 50.011, F.S., provides that any statutorily required legal notice, advertisement, publication or constructive service
of process shall be published
*2 in a newspaper printed and published periodically 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 second -class 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.
Further, s. 50.031, F.S., requires, in part, that such newspapers also
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shall have been in existence for I year and shall have been entered as second -class mail matter at a post office in the county E
where published, or in a newspaper which is a direct successor of a newspaper which together have been so published.
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In ss. 50.011 and 50.031, F.S., the Legislature has prescribed extensive and detailed requirements for the publication of
legal notice and process in newspapers.
In certain instances however, the Legislature has imposed requirements for newspaper publication in addition to those
prescribed by Ch. 50, F.S. These additional requirements are not inconsistent with the provisions of Ch. 50, F.S., but
satisfy the need for greater due process protections for citizens when local governments undertake particular actions.
Thus, in s. 163.3184(15 )(c), F.S., certain advertisements relating to proposed comprehensive plans or plan amendments
must satisfy additional statutory requirements and must be published "pursuant to chapter 50." In s. 166.041(3 )(a), F.S.,
additional requirements are imposed for newspaper advertisements when the subject matter is the adoption of municipal
ordinances and resolutions. As this office has stated, "[s]ection 166.041, F.S., establishes a uniform procedure for the
adoption of municipal ordinances and resolutions that cannot be lessened or reduced by any municipality in the state." 3
Thus, the requirements contained in ss. 50.011 and 50.031, F.S., provide a base upon which additional requirements have
been added by statutes such as ss. 163.3184(15 )(c), and 166.041(3 )(c) 2., F.S.
For purposes of Ch. 171, F.S., which deals with municipal annexation or contraction, a "[n]ewspaper of general
circulation" is defined as
a newspaper printed in the language most commonly spoken in the area within which it circulates, which is readily
available for purchase by all inhabitants in its area of circulation, but does not include a newspaper intended primarily
for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal
notices, or a newspaper that is given away primarily to distribute advertising. 4
Section 171.0413, F.S., which prescribes municipal annexation procedures requires that an ordinance proposing the
annexation of property must be adopted pursuant to the procedures for the adoption of a nonemergency ordinance
established by s. 166.041, F.S. However, notice of the referendum on annexation of such property is to be published in
a newspaper of general circulation in the area in which the referendum is to be held. s
*3 Thus, while adoption of an annexation ordinance must be in compliance with the general requirements established
by s. 166.041, F.S., that is, they must comply with Ch. 50, F.S., and the additional requirements imposed by Ch. 166,
F.S., notice to the residents of the area to be annexed is to be provided in the manner which will most readily assure that
. Sharon v. Delegal, 1990 Fla. Ogg. Atty. Gen. 206 (1990 )
local residents and local property owners receive effective notice. To the extent that the Legislature has made specific
provision for advertisement of notice of annexation referenda in a particular type of publication, that legislative direction
should be followed.
You have asked whether a municipality may designate a newspaper which complies with ss. 50.011 and 50.031, F.S., as the
official publication for legal notices of the municipality. Broad home rule powers have been conferred upon municipalities
through the enactment of Ch. 166, F.S., the Municipal Home Rule Powers Act, which implements the provisions of s.
2, Art. VIII, State Const.
Pursuant to s. 166.021(1), F.S., municipalities "have the governmental, corporate, and proprietary powers to enable ®;
them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise a
any power for municipal purposes, except when expressly prohibited by law." The Florida Supreme Court has devised D
a two -part test to determine whether the exercise of municipal powers is appropriate in a specific case: is the action
undertaken for a municipal purpose; and if so, is such action expressly prohibited by the Constitution, general or special
law, or county charter? 8
I am aware of no express prohibition against the designation by a municipality of an official publication for legal notices;
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however, any determination of whether such action satisfies a municipal purpose is a determination which must be made
M
by the legislative and governing body of the municipality.
Finally, you have asked whether the City of Pompano Beach may spend municipal funds to publish duplicate legal
notices in newspapers which do not meet the criteria set forth in ss. 50.011 and 50.031, F.S., while also publishing legal
notice in its officially designated newspaper. Public funds may properly be spent only for a public purpose or function
which is expressly authorized by law or which must be necessarily implied to carry out the purpose or function expressly
authorized. ' Thus, municipal funds may be used only for a municipal purpose and only when properly budgeted for
such use. Again, it is the responsibility of the legislative and governing body of the municipality to determine whether
a municipal purpose is served by the expenditure of additional moneys to publish duplicate legal notices. However, the
expressed purpose for this expenditure, i.e., the notification of municipal citizens of governmental actions which will
affect their lives and property, would appear to satisfy a municipal purpose.
Sincerely,
*4 Robert A. Butterworth
Attorney General
Footnotes
I See, Selverstone v. Jacobson, 116 So. 724 (F1a.1928) (determining that the Miami Review and Daily Record was a newspaper
within the terms of the state statutes providing for constructive service by publication); AGO 73 -149.
2 Daytona Leisure Corporation v. City of Daytona Beach, 539 So.2d 597, 599 (5 D.C.A. Fla., 1989). See also, Ellison v. City
of Fort Lauderdale, 183 So.2d 193 (Fla. 1966); Fountain v. City of Jacksonville, 447 So.2d 353 (1 D.C.A. Fla., 1984).
3 Attorney General Opinion 81 -32 (the procedures contained in s. 166.041, F.S., are the minimum requirements necessary for
the adoption of a municipal ordinance although a municipality may specify additional or more stringent requirements for the
adoption or enactment of ordinances or prescribe procedures in greater detail than are contained in s. 166.041, F.S.). And
see, s. 166.041(6), F.S.
4 Section 171.031(4), F.S.
5 Section 171.0413(2)(b), F.S.
6 See, Alsop v. Pierce, 19 So.2d 799, 805 -806 (Fla. 1944); Thayer v. State, 335 So.2d 815, 817 (Fla. 1976).
7 See, City of Miami Beach v. Rocio Corporation, 404 So.2d 1066, 1069 (3 D.C.A. Fla., 1981), pet. for rev. den., 408 So.2d 1092
(Fla. 1981); State v. City of Sunrise, 354 So.2d 1206, 1209 (F1a.1978).
. Sharon v. Delegal, 1990 Fla. Op. Atty. Gen. 206 (1990 )
City of Boca Raton v. Gidman, 440 So.2d 1277, 1280 (Fla. 1983). See also, City of Winter Park v. Montesi, 448 So.2d 1242
(5 D.C.A.Fla., 1984), pet. for rev. den., 456 So.2d 1182 (F1a.1984).
See, s. 10, Art. VII, State Const. See, e.g., Davis v. Keen, 192 So. 200 (F1a.1939); State v. Town of North Miami, 59 So.2d
779 (Fla. 1952).
1 990 Fla. Op. Atty. Gen. 206 (F1a.A.G.), Fla. AGO go- 67,1990 WL 509077
a
a
News - Barometer
News - Barometer is published weekly 52 times per year
Can you please provide me the cost /rates for legal advertisements and display ads?
$6.50 per column inch.
What is the lead time for publication of legal advertisements and display ads?
Tuesday 2 p.m. to be in that Friday's publication
Can you provide a "proof of publication" affidavit?
Yes, we provide affidavits.
What is News - Barometer's circulation?
Circulation is 5500 from MM 54 TO MM 3. 70% of that is MM 40 to MM 15
It has not been determined if the News Barometer is "entered as periodicals at post office in the
county where published' as per F.S. 50.031. It is First class mailed as fourth class periodical.
Regardless this paper is not for sale to the public generally and thus does not meet all the
requirements of F.S. 50.011.
KEYSWEEKLY
See Below- Cost /rates for legal advertisements and display ads Attached Rate Sheet and
Classified Rates Advertising rates for Display Ads in the BODY OF THE NEWSPAPER for
your review. These rates are PER MARKET (Upper Keys Weekly, Marathon Weekly, or Key
West Weekly newspapers) and proof of publication affidavit is no additional charge.
For legal notices in the Classifieds /Legal Notices Section (in the BACK of the newspapers), we
can publish your Legal Notice as a LINE AD under the HEADING "Legal Notices" and the cost
is based on amount of copy (A typical one page word document is $100.00 per week). For a
DISPLAY AD in the Classifieds /Legal Notices Section, I have attached our Classified Rates for
your files. Proof of publication affidavit is no additional charge. Classifieds are published in all
three newspaper editions (30,000 copies weekly).
Lead time for publication of legal advertisements and display ads
We publish each Thursday.
Deadline for placement is Monday prior.
Deadline for ad approval is Tuesday 5pm.
What is the KeysWeekly's circulation?
We publish 10,000 copies in each market for total of 30,000 copies weekly.
This was our circulation before Hurricane Irma and we have been steadily increasing each week.
As of this week, May 10, 2018, we are publishing 21,000 copies total keys wide and distribution
numbers are as follows:
Key West — 8,000 copies each week
Marathon — 7,000 copies each week
Upper Keys — 6,000 copies each week
According to Anneke Patterson, Production Manager, Keys Weekly Newspapers
The Keys Weekly is entered as a periodical at the post office in Monroe County, but regardless
this paper is not for sale to the public generally and thus does not meet all the requirements of
F.S. 50.011.
KEY WEST MARATHON UPPER KEYS
WN IE El K L WN E EfKk L WN iEfEff Kk aL
M QL
FRONT PAGE BANNER
10 x 2.95
$750 (COLOR C
BACK PAGE FULL PAGE INSIDE COVER INSIDE BACK COVER
10 11 x 12.5 10 11 x 12.5 10 11 x 12.5 10 11 x 12.5
$800 (COLOR ONL $450 $600 $700 $625
HALF: VERT
4.9 x 12.5
$230 $325
$ BLACK & WHITE
$ COLOR
Go GLOSSY
JAZZ UP ANY AD
FOR ONLY $25 MORE!
HALF: HOR
10 x 6.125
$230 $325
EIGHTH: HOR
4.9" x 3"
$70 $95
PAGE 3, HALF
10 x 6.125
$400
ATTENTION BUTTON
2.36 x 3 11
$45 (B/W ONLY)
INSIDE BANNER
10" x 2.95
$150 $200
BUSINESS CARD PAGE
3 x 1.75
$25 $35
PAGE 3 MARATHON
10" x 12.5
$650
QUARTER
4.9 x 6.125"
$125 $175
RATES BASED
PER MARKET
d
1 COLUMN
(1.3 "wide)
$35 YTALL
$50 6" TALL
$75 9" TALL
$95 12 "TALL
2 COLUMNS
(2.7 "wide)
$55 YTALL
$90 6 "TALL
$130 9 "TALL
$175 12 "TALL
2 col wide 3 col wide
3 COLUMNS
(4.14 "wide)
$80 YTALL
$135 6 "TALL
$180 9"TALL
$ 250 12 "TALL
LINE ADS
Starting at $ 25
LEGAL
NOTICES
Starting at $ 50
Call: 305 -743 -0844 or E -mail: Anneke @keysweekly.com
Classified Page (7 columns wide)