CopyCited 9 times | Published | Supreme Court of Florida
...The DOR argues that its administrative definition of "newspaper" in Rule 12A-1.08 complies with the legislature's understanding of the word. While chapter 212 provides no definition of the word, the DOR calls our attention to two statutory references: section 50.011 Whenever a legal notice is required to be published, such publication shall be "in a newspaper printed periodically ......
...that is given away primarily to distribute advertising." While the language of section
165.031(9) may demonstrate some legislative ambiguity regarding the nature of "shoppers" and other publications given away primarily to distribute advertising, it is clear from reading sections
50.011,
165.031(9), and
212.08(6) in pari materia that the legislature considers newspapers to constitute a broader class than simply those which are sold by collecting a payment from readers or which are eligible for second-class mailing privileges. If the legislature did not consider newspapers to be of a broader class, then it would have been unnecessary to include the limiting language in sections
50.011 and
165.031(9)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...In this light, we cannot find the two administrative regulations in question here to be unreasonable. Numerous statutory provisions require a publication to be sold and to have a second class mailing permit in order to qualify for certain privileges. For example, Section 50.011, Florida Statutes, (1977) provides that legal publications can be placed in a "newspaper printed and published periodically once a week or oftener ......
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11757, 1993 WL 482476
THREADGILL, Acting Chief Judge. Sarasota Herald-Tribune Company (Herald-Tribune) appeals a final declaratory judgment in which the trial court interpreted sections
50.011,
50.031, and
197.402, Florida Statutes (1991), to require the publication of legal notices for delinquent taxes in the full run, or the total circulation, of a newspaper....
...City of Edgewater,
157 So.2d 422 (Fla.1963). Section
197.402, governing the advertisement of delinquent tax rolls, provides that “[wjhenever legal advertisements are required, the board of county commissioners shall select the newspaper as provided in chapter 50.” Sections
50.011 and
50.031, require publication in a newspaper in existence for at least one year, printed once a week or oftener, containing at least 25% of its words in English, considered second-class matter at the post office, for sale to the public gener...
...Board of Commissioners, Monroe County,
54 So.2d 524 (Fla.1951), the supreme court was required to determine whether a legal notice appearing once a week in a newspaper published six days a week was sufficient notice under section 49.01, Florida Statutes (1949), the predecessor to section
50.011....
...n the other. Id. By analogy, we have found nothing in the statutes or case law that would require Sarasota County to publish its tax rolls in twelve times more copies of the Herald-Tribune than the Gondolier. See id. at 524 . The purpose of sections
50.011 and
50.031, is to provide as effective notice as possible to local residents and property owners of legal events and actions having local significance....
...olier, the circulation of which is confined primarily to the southwest portion of the county, would provide any more effective notice than publication in 9,000 copies of the Herald-Tribune. Therefore, in this particular case, the purpose of sections
50.011 and
50.031, would not be frustrated by publication in less than the full run of the Herald-Tribune....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
Ms. Sharon V. Delegal City Attorney City of Pompano Beach Post Office Box 2083 Pompano Beach, Florida 33061 Dear Ms. Delegal: You have asked substantially the following questions: 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 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....
...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....
...ements 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 in a newspaper printed and published periodically once a week or oftener, containing at least...
...have been in existence for 1 year and shall have been entered as second-class mail 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. In sections
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....
...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....
...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. 6 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....
...must be made 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....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...e County, but which has a major production plant in Seminole County and is in general circulation there, qualified under Ch. 50 , F.S., to publish legal advertisements in Seminole County? SUMMARY: A newspaper which complies with the requirements of ss.
50.011 and
50.031 , F.S., as to general circulation, availability to the public, entry as second-class matter, and the like, in a particular county, is qualified to publish legal advertisements in that county even though it is printed and has its business offices in another county. Section
50.011 , F.S., provides that any statutorily required legal notice, advertisement, publication, or construction service of process shall be: "....
...Ch. 50 , F.S. Another statute substantially different from those in Ch. 50, F. S., was considered by the Supreme Court in City of Coral Gables v. Certain Lands, etc.,
149 So. 36 (Fla. 1933). Section 4666, Compiled General Laws 1927, a predecessor to s.
50.011 , required that legal notices and advertisements "be published in the newspaper printed either wholly or in part in the county where such publication is required to be made." Again, the court merely construed the statute literally and found...
...ounty where the notice was required. Neither of these cases was concerned with a statute requiring "publication" in a county, as opposed to actual printing, but there are many cases from other jurisdictions which have interpreted statutes similar to s. 50.011 , F.S., requiring that notice be given in a newspaper "published" in a particular geographical area....
...elevant factors to a determination of whether the newspaper is qualified to accomplish the purpose of legal notice statutes. The factors which are relevant — local significance, local availability, and local circulation — are required by s. 50.011 , F.S....
