For over 20 years, newspapers and their state press associations turned back every bill that authorized government units to issue public notice via their own websites instead of local newspapers. That winning streak ended last year when the Florida legislature gave state agencies and local governments the option to post notices on county websites.
The new law, which took effect on Jan. 1, has one upside. It set in motion a vast experiment that will tell us what local governments do when given this choice. Five weeks into the new year an answer is beginning to emerge: It depends primarily on the motivations of local elected officials and the actions local newspapers take in response to the challenge.
Scope of Florida’s new public notice law questioned
As we previously reported, the new Florida public notice statute set to take affect on Jan. 1 is beset with ambiguity. In general, the statute is designed to give local governments the option to publish notices on their county website in lieu of newspapers. But as the dust has settled from the battle over House Bill 7049, fears about the immediate damage it will wreak on public notice in the state have diminished.
Making lemonade out of lemons in Florida
We have long feared the day the first state in the U.S. passes a law authorizing the government to post all or most public notice on government websites in lieu of newspapers. That day happened last month when the Florida House and Senate both voted largely along party lines to approve House Bill 7049.
Gov. Ron DeSantis is widely expected to sign the bill when it reaches his desk. The bill takes effect on Jan. 1, 2023.
[See a description of the key features of HB-7049 below this story.]
Public notice in Florida in peril once again
Our original headline for this story was “Newspaper notice off to good start in 2022.” But late last night we learned that Florida — a state that last year passed a progressive bill paving the way for the eventual migration of statutory notice to newspaper websites — was in play once again.
We haven’t had time to digest the 40-page bill, but it’s clearly designed to undo the work that went into last year’s historic legislation by moving public notice to government websites. The committee bill passed out of the Judiciary Committee this morning with GOP backing on a straight party-line vote.
New Florida public notice law first to authorize internet-only notices
Last Thursday evening, the Florida legislature passed the most significant piece of public notice legislation in modern history.
Sen. Ray Rodrigues’ (R-Fort Myers) SB402 makes Florida the first state in the country to significantly dilute the statutory requirement that notices must be published in print newspapers. But there’s a lot for the newspaper industry and residents of the state to like about the bill.
It’s certainly an improvement over the alternative, Rep. Randy Fine’s (R-Palm Bay) HB35, which would have moved public notice in the state from newspapers to government websites. Fine’s bill had passed the House by the time SB402 started picking up steam in the Senate.