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Item V01 V.1 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting November 15, 2022 Agenda Item Number: V.1 Agenda Item Summary #11034 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Christine Limbert(305) 292-3470 n/a AGENDA ITEM WORDING: Discussion and direction regarding a new law that authorizes the County to publish legally required advertisements and public notices on its website instead of newspapers, beginning January 1, 2023. ITEM BACKGROUND: In 2022, the Legislature enacted a new statute that is entitled "Publication of advertisements and public notices on a publicly accessible website and government access channels." F.S. 50.0311. That statute takes effect on January 1, 2023. That statute provides that, 1) if the Board finds that the residents of the County have sufficient access to the internet by broadband service and, and 2) if publishing advertisements and public notices on the County's website or a designated private website cost less than the cost of publishing advertisements and public notices in a newspaper, then the Board may elect to publish legally required advertisements and public notices on its website or a designated private website. F.S. 50.0311(3). The statute also contemplates allowing municipalities, the school board, and other governmental entities the choice of publishing their notices and advertisements on the County's website. There are requirements under the statute that would need to be met. For example the county's website would have to provide a"searchable form" of all advertisements and public notices and include the date on which it was first publish to the website. A link to advertisements and public notices must be conspicuously placed on the website homepage. In order to move forward, the County would first need to hold a public hearing, that has been noticed in the newspaper, and make a determination that residents have sufficient access to internet broadband services. The Department of Economic Opportunity has an Office of Broadband which includes data on broadband service availability and internet speeds in Monroe County that provides relevant data to support such a finding. (See attached Map from the DEO- Office of Broadband). Additional data is being gather by the Information Technology Department, but initial findings indicate that there is a high level of services provider coverage in Monroe County. Packet Pg. 5387 V.1 Any governmental agency that uses the County's "publicly accessible website" to publish advertisements and notices must provide notice at least once per year in the newspaper that all residents and property owners may receive legal required advertisements and public notices by first- class mail or e-mail upon registering their name and address or e-mail address with the governmental agency. The County's Purchasing Policy requires that notices and advertisements be published in the Key West Citizen, the Keys Weekly Newspapers, and the Big Pine News Barometer. Over the past 5 years, the County has spent approximately $482,000 on notice advertisements, which is an average of$96,000/year. (The costs are based on expenditures from 2018 through early to mid-August 2022) Staff seeks direction on whether to take the steps necessary to switch the County's legally required advertisements and notices from the newspapers to its website. Such steps would include amendments to the County Code, Land Development Code, and the Purchasing Policy. PREVIOUS RELEVANT BOCC ACTION: none CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Authorization to take steps necessary to implement the new statute to place Monroe County legal advertisements on the County's website including advertising a public hearing for proposed ordinance changes. DOCUMENTATION: DEO Office of Broadband Map of Monroe County FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: 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: Packet Pg. 5388 V.1 Insurance Required: Additional Details: The discussion itself willl have no fiscal impact. The direction could save the County on Advertising costs. REVIEWED BY: Christine Limbert Completed 10/24/2022 2:13 PM Bob Shillinger Completed 11/07/2022 1:03 PM Purchasing Completed 11/07/2022 1:41 PM Budget and Finance Completed 11/08/2022 10:50 AM Brian Bradley Skipped 11/08/2022 1:14 PM Lindsey Ballard Completed 11/08/2022 2:34 PM Board of County Commissioners Pending 11/15/2022 9:00 AM Packet Pg. 5389 10/27/22,8:32 AM report Monroe County Households 52,764 ' Population 73,090 P �srricstead IM �)uru0la:�X1:3VF„,)af�,- Test locations 412 Total Tests 519 t�i1f5� I Percent participation 0.78/0 Participation goal(10%) 5,276 Jos Download )rDXiuiulf"a1Pla M1V� �o (D f CL •No Service 1 0.2% 45� h rtgi s CL ^0-10Mbps 25 6.1% ,��� _ ��r U) °10-25 Mbps 40 9.7% �, Rgio (D 25-150 Mbps 160 38.8% �150+Mbps 186 45.1% T u Upload as a�9a No Service 1 0.2% 3 Mbps 32 7.8% in d9 3-10 Mbps 61 14.8 o N ���� aaaa:, aaaa:, aaaa:, aaaa;, 10-25 Mbps 178 43.2% ,, ,,✓ iiii/Oiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii, i - f 25 150 Nib s 84 20.4/o i i >150 Mbps 56 13.6/o Min Max Med Mbps Download 0.23 921.72 112.22 Upload 0.05 719.21 19.20 TSB No service reasons:may totab100% S Not Available 100.00% � Copyright O 2022 by Bsea,P-1 S.1.1 vs,LLC .1 Rights Reserved 0 4- � .,.,..,,Map data©2022 Google,INEG Fixed 100 locations Cellular 312 locations U) Download Upload Download Upload �b No Service 1 1.0% No Service 1 1.0% 0-10 Mbps 19 6.1% <3 Mbps 28 9.0% U) 0-10 Mbps 6 6.0% <3 Mbps 4 4.0% 10-25 Mbps 31 9.9% 3-10 Mbps 43 13.8% B 10-25 Mbps 9 9.0% 3-10 Mbps 18 18.0% 25-150 Mbps 122 39.1% 10-25 Mbps 129 41.3% 25-150 Mbps 38 38.0% 10-25 Mbps 49 49.0% 150+Mbps 140 44.9% 25-150 Mbps 64 20.5% 150+Mbps 46 46.0% 25-150 Mbps 20 20.0% >150 Mbps 48 15.4% 0 >150 Mbps 8 8.0% (D 0 0 4- 0 CL 0 4- 0 d9 Lb d9 E �b https://expressoptimizer.net/public/publicreport.php?state=Florida&type=county&name=Monroe County Packet Pg. 5390 „,., ... {i II i, , ,ti �,�,�� r �� , � ” �� ,,, �� ��� � ��� �� lien �� �, � Illi'`jfi �onll/)g/)pllllloi7� "'i I I ui V VVVVVVVVVV ��� � �1� i CC������� v vvee'vvvveee 1 � �p r�l� �� � ILL � III �i II� I � � � F.S. 50.011 - Publication of legal notices Newspaper printed and published at least once a week, containing at lest 25% of its words in English, available to the public generally for publication of official or other notices, customarily containing information of a public characteror of interest or of value to resident or owners of property_wh i c h 1 ) has an audience consisting of at least 10% of the households in the county or city; at least 25% of print copies must be delivered to individual homes or business addresses; must be sold or available to the public at no less than 10 publicly accessible outlets. Is entered or qualified to be admitted and entered as periodical class mail at a post office in the county where published IN "Governmental agency" - county, municipality, school board, or other unit of local government or political subdivision in this state. GO "Publicly accessible website" means an official website or other private website designated by the County for the publication of legal notices and advertisements. All advertisement and public notices published on a website: 111011 Must be in searchable form and 1111111, State date when advertisement or public notice was first published on the website. Provide notice at least once per year in a qualifying publication or one that is mailed or delivered to all residents and property owners throughout the County »»u At a newspaper noticed public hearing, make findings that: Using the website will cost less than the newspapers Residents have sufficient access to broadband services Change our County Code of Ordinances and Land Development Code Offer residents the option of receiving notices by email or 1 st class mail uuuum llllliGilu�muu(uuiuu�uiuliii�u�uuuuduuNuuuu�m�uumii�ilmumfn � / � r r ri � Map results for Monroe County Maximum Download Speeds/Fiber Offerings- Upper Keys i , � - - : ems- , e : - ' -o c � 4 ` .^./ . . � e e . I. Pros 0AO"' 000 0000";; ; . I. NOW low Cons � - / I11 Questions ? !