• TABLE OF CONTENTS
HIDE
 Title Page
 Foreword
 Table of Contents
 Definition of newspaper for legal...
 Legal advertising and public...
 Rates for legal advertising,...
 How to charge for publishing delinquent...
 Sales tax rule
 State purchasing council
 Methods of amending or revising...
 What are public records?
 Privilege
 Defamation, libel, slander
 Right of privacy
 Freedom of speech and press
 False or illegal advertising
 Lotteries and give-aways
 Contempt of the court
 Miscellaneous laws of newspaper...
 Index






Group Title: Florida law of the press: newspaper-radio-television
Title: Florida law of the press newspaper-radio-television
CITATION PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/AM00000233/00001
 Material Information
Title: Florida law of the press newspaper-radio-television 1954. Statutes, supreme court notes, attorney general's opinions, discussion on libel, privilege, contempt, freedom of the press, legal advertising forms
Physical Description: 101 p. : ; 24 cm.
Language: English
Creator: Ballinger, J. Kenneth ( John Kenneth ), 1900- ( comp )
Florida
Publisher: Captial Printers, Inc.
Place of Publication: Tallahassee
Publication Date: [1954]
 Subjects
Subject: Press law -- Florida   ( lcsh )
Genre: non-fiction   ( marcgt )
 Notes
General Note: "...contains the law which applies primarily to public notice, and to the press generally in Florida. Statutes are condensed wherever possible..."--Cf. Foreward.
 Record Information
Bibliographic ID: AM00000233
Volume ID: VID00001
Source Institution: Florida A&M University (FAMU)
Holding Location: Florida A&M University (FAMU)
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 01720794

Table of Contents
    Title Page
        Page 1
    Foreword
        Page 2
    Table of Contents
        Page 3
    Definition of newspaper for legal notices
        Page 4
    Legal advertising and public notice
        Page 5
        Page 6
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
    Rates for legal advertising, table
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
    How to charge for publishing delinquent tax list
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
    Sales tax rule
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
    State purchasing council
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
    Methods of amending or revising constitution
        Page 67
    What are public records?
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
    Privilege
        Page 75
    Defamation, libel, slander
        Page 76
        Page 77
        Page 78
    Right of privacy
        Page 79
    Freedom of speech and press
        Page 80
    False or illegal advertising
        Page 81
        Page 82
        Page 83
    Lotteries and give-aways
        Page 84
    Contempt of the court
        Page 85
    Miscellaneous laws of newspaper and radio
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
    Index
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
        Page 99
        Page 100
        Page 101
Full Text






FLORIDA

Law of the Press

NEWSPAPER RADIO TELEVISION

1954



Statutes

Supreme Court Notes

Attorney General's Opinions

Discussion on Libel

Privilege, Contempt

Freedom of the Press

Legal Advertising Forms



By

KENNETH BALLINGER





Published by
CAPITAL PRINTERS, INC.
TALLAHASSEE, FLORIDA





















FOREWORD


This book contains the law which applies
primarily to public notice, and to the press
generally in Florida. Statutes are condensed
wherever possible, for this is a book for the
working newsman and the general public, as
well as for attorneys. We acknowledge invalu-
able assistance from the statutory revision
department of Attorney General Richard W.
Ervin's office, from Virginia Searcy Barr for her
research, from the press for its aid and sugges-
tions through the Florida Daily Newspaper
Association and the Florida Press Association.

KENNETH BALLINGER
Tallahassee, Florida











TABLE OF CONTENTS



SUBJECT


Definition of newspaper for legal notices ----

Legal advertising and public notice ._.....---.- ----.

Rates for legal advertising, table ._.____. -----------_ .

How to charge for publishing delinquent tax list ---

Sales tax rule ....-- ........ .---------.....--.-----

State purchasing council -. ...... --------------

Methods of amending or revising constitution .------

What are public records? ..---.-..------------.

Privilege .......--------.. ----.------ --.... .----------------

Defamation, Libel, Slander ---.....---------

Right of Privacy _--.... ----------------

Freedom of speech and press ..--.-- --- --------

False or illegal advertising -. --- --------

Lotteries and give-aways -.------------------

Contempt of court -- ---....-------------.

Miscellaneous laws of newspaper and radio ---..---.


4

-------5

----- 12

------- 84

--- --- 39

----- 48

.-- -- 67

.--.-- 68

--------- 75

---------- 76

--------- 79

- -- --- 80

..------- 81

.------------ 84

.---.------ 85


PAGE









FLORIDA LAW OF THE PRESS


DEFINITION OF NEWSPAPER FOR LEGAL NOTICES

The Florida legislature of 1927 took particular pains to define by law
what it intended should be a newspaper qualified to publish legal notices in
Florida. Enactment of that law was followed by an opinion from the Florida
Supreme Court in October, 1927, in Culclasure vs. Consolidated Bond and
Mortgage Co., 114 Southern 540, and later in Selverstone vs. Jacobsen, (1928)
116 Southern 724, which clearly defined a newspaper for such publication.

A newspaper qualified to publish legal advertising in Florida is "a news-
paper printed and published once a week or oftener, wholly or in large part
in the English language, entered or qualified to be admitted and entered
as second class matter at a postoffice in the county where published, for
sale 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," says Section
49.01, Florida Statutes, 1953.

The most recent court pronouncement on this subject in Florida is Sel-
verstone vs. Jacobson. This was decided on the authority of Culclasure vs.
Consolidated etc., wherein the court at some length dissected the journal
then under attack and concluded that it qualified as a newspaper as intended
by the legislature because it was "broad in its interests, carries limited tele-
graphic or general news, such as social, religious, political, business, pro-
fessional and allied subjects, for the information of the public, and has in
fact a wide and diversified clientele. These, and not the numerical strength
of its subscription list, are the controlling elements which determine the
status of a newspaper as used in our constructive service statutes, and as
to whether or not service published therein would meet the requirements
of due process of law."

Later, in State vs. Gray, 39 Southern 2d 716, the Florida Supreme Court
upheld the status of the Jewish Floridian as a legal newspaper, primarily
because a portion of each issue was devoted to news of a general nature,
and was not confined to news of a special class or group.









FLORIDA LAW OF THE PRESS


LEGAL ADVERTISING AND PUBLIC NOTICE


LEGAL TIME
1.02 In all laws, orders, rules and
regulations relating to the time of
performance or non-performance of
any act, the U. S. standard time of
the zone within which the act is to
be performed or the right shall ac-
crue or determine shall govern.

NOTICE ON LOCAL LAWS

Art. III, Section 21 (Constitution)
General laws on certain subjects;
general and uniform operation; no-
tice of intention to apply for local
legislation.-In all cases enumerated
in the preceding Section, all laws
shall be general and of uniform op-
eration throughout the State, but in
all cases not enumerated or excepted
in that Section, the Legislature may
pass special or local laws, except as
now or hereafter otherwise provided
in the Constitution; PROVIDED that
no local or special bill shall be passed,
nor shall any local or special law es-
tablishing or abolishing municipali-
ties, or providing for their govern-
ment, jurisdiction and powers, or
altering or amending the same, be
passed, unless notice of intention to
apply therefore shall have been pub-
lished in the manner provided by
law where the matter or thing to be
affected may be situated, which no-
tice shall be published in the manner
provided by law at least thirty days
prior to introduction into the Legis-
lature of any such bill. The evidence
that such notice has been published
shall be established in the Legisla-
ture before such bill shall be passed,
and such evidence shall be filed or
preserved with the bill in the office
of the Secretary of State in such
manner as the Legislature shall pro-
vide, and the fact that such notice
was established in the Legislature
shall in every case be recited upon
the Journals of the Senate and of the
House of Representatives; PRO-
VIDED, however, no publication of
any such law shall be required here-
under when such law contains a
provision to the effect that the same
shall not become operative or effec-
tive until ratified or approved at a
referendum election to be called and
held in the territory affected in ac-
cordance with a provision thereof


contained in such bill, or provided
by general law.

11.02 Notice of Special or Local
Legislation.-The notice required to
obtain special or local legislation
shall be by publishing the same in
some newspaper published in the
county or counties where the matter
or thing to be affected by such leg-
islation shall be situated, one time at
least thirty days before introduction
of the proposed law into the legisla-
ture Said notice shall state the
substance of the contemplated law,
as required by 21 of article III of
the constitution.

FORM FOR LOCAL BILLS
NOTICE OF INTENTION TO APPLY
FOR ENACTMENT OF SPECIAL LEG-
ISLATION CONCERNING (City or
County)
NOTICE IS HEREBY GIVEN that the
undersigned will apply to the Florida
Legislature at its ..-...- ........... session
for passage of certain special legislation,
which special legislation shall have for
its purpose the following:
(Here give a brief summary of the
bill or publish the bill and title in
full)
DATED this............day of...............
19-........
SIGNED: ......-... ... -... -


11.03 Proof of publication of no-
tice of special or local legislation.-
Affidavit of proof of publication of
notice of intention to apply for spe-
cial or local legislation, may be made
in substantially the following general
form, but such form is not exclusive.

FORM
STATE OF FLORIDA )
COUNTY OF-...............
Before the undersigned authority per-
sonally appeared .................. who on
oath does solemnly swear (or affirm)
that he has knowledge of the matters
stated herein; that a notice stating the
substance of a contemplated law or pro-
posed bill relating to
(here identify bill)
has been published at least thirty days
prior to this date, by being printed in the
issues of (here state day, month and year
of Issue or issues) of the ...-----.....................---
a newspaper or newspapers published in
.--..-...-.......... county or counties, Florida
(or) there being no newspaper, by being
posted for at least thirty days prior to
this date at three public places in the
.. --... ---. county or counties, one of
which places was -at the courthouse of
said county or counties, where the matter
or thing to be affected by the contem-









FLORIDA LAW OF THE PRESS


plated law is situated; that a copy of the
notice that has been published as afore-
said and also this affidavit of proof of
publication are attached to the proposed
bill or contemplated law, and such copy
of the notice so attached is by reference
made a part of this affidavit.
Sworn to and subscribed before
m e this ...... ...... ... ... 19
(SEAL)
Notary Public, State of Florida.
My commission expires..---
XXX

RECOVERY OF ILLEGAL TAX

14.11 Governor shall publish for
eight successive weeks in each county,
notice of receipt of funds from U. S.
representing illegally paid direct tax
on property in the state.

DEFAULTING OFFICERS
17.18 A copy of comptroller's
statement to governor of all default-
ing officers or parties against whom
claims exist shall be published in a
newspaper at Tallahassee.

BONDS OR SECURITIES
18.13 Thirty days' notice in news-
paper published in Tallahassee is re-
quired for sale of bonds and securi-
ties deposited as collateral for depos-
its of public funds.

DUTIES OF SHERIFF
30.32 Sheriff, as timber agent,
may sell timber illegally cut on pub-
lic land after thirty days notice by
one publication in the newspaper
published nearest the place of sale
and by posting.

JUVENILE COURTS
39.11 When personal services can-
not be had on the natural parents,
legal custodians or relatives of a de-
pendent or delinquent child sought
to be committed to a licensed child-
placing agency for subsequent adop-
tion, the Juvenile Court Judge or
Counselor shall cause notice of the
filing of the petition for commitment
to be published once each week for
four consecutive weeks (four publi-
cations being sufficient) prior to the
return date, in some newspaper pub-
lished in the county or district in
which the juvenile court is estab-
lished.


CONSTRUCTIVE SERVICE OF
PROCESS
48.01 Service of process by publi-
cation, in what cases.--Service of
process by publication may be had,
in any of the several courts of this
state, and upon any of the parties
mentioned in 48.02 in any suit or
proceeding:
(1) To enforce any legal or equit-
able lien upon or claim to any title
or legal interest in real or personal
property within the jurisdiction of
the court or any fund held or debt
owing by any party upon whom pro-
cess can be served within this state.
(2) To quiet title or remove any
encumbrance, lien or cloud upon the
title to any real or personal property
within the jurisdiction of the court or
any fund held or debt owing by any
party upon whom process can be
served within this state.
(3) For the partition of real or
personal property within the juris-
diction of the court;
(4) For divorce or annulment of
marriage;
(5) For the construction of any
will, deed, contract or other written
instrument and for a judicial decla-
ration or enforcement of any legal
or equitable right, title, claim, lien
or interest thereunder;
(6) For the reestablishment of lost
instruments or records which have or
should have their situs within the
jurisdiction of the court;
(7) In which there shall have been
issued and executed any writ of re-
plevin, garnishment or attachment;
(8) In which any other writ or
process shall have been issued and
executed so as to place any property,
fund or indebtedness in custodia
legis;
(9) In scire facias to revive a judg-
ment;
(10) In any other suit or proceed-
ing, not hereinabove expressly men-
tioned, wherein personal service of
process or notice is not required by
the statutes or constitution of this
state or by the constitution of the
United States.

48.02 Service of process by publi-
cation, upon whom.-Where personal
service, of process cannot be had,
service of process by publication may









FLORIDA LAW OF THE PRESS


be had upon any party, natural or
corporate, known or unknown, in-
cluding
(1) Any known or unknown natu-
ral person, and, when described as
such, the unknown spouse, heirs, de-
visees, grantees, creditors or other
parties claiming by, through, under
or against any known or unknown
person who is known to be dead or
is not known to be either dead or
alive;
(2) Any corporation or other legal
entity, whether its domicile be for-
eign, domestic or unknown, and
whether dissolved or existing, includ-
ing corporations or other legal enti-
ties not known to be dissolved or ex-
isting, and, when described as such,
the unknown assigns, successors in
interest, trustees, or any other party
claiming by, throu g h, under or
against any named corporation or
legal entity;
(3) Any group, firm, entity or per-
sons who operate or do business, or
have operated or done business, in
this state, under a name or title
which includes the word "corpora-
tion," "company," "incorporated,"
"inc." or any combination thereof,
or under a name or title which indi-
cates, tends to indicate or leads one
to think that the same may be a
corporation or other legal entity;
and,
(4) All claimants under any of
such parties.
Unknown parties may be proceeded
against .exclusively or together with
other parties.
48.03 Sworn statement as condi-
tion precedent.-(1) As a condition
precedent to service by publication,
there shall be filed in the cause a
statement executed by the plaintiff,
his agent or attorney, setting forth
substantially the matters hereafter.
required, which statement may be
contained in the initial 1 or other
pleading, if sworn to, or in any affi-
davit or other sworn statement.
(2) The word "plaintiff" as used
in this chapter shall extend to any
party in the cause who may be en-
titled to service person who may be
brought in or allowed to come in as
a party by any lawful means. The
word "defendant" as used in this
chapter shall extend to any party on
whom service by publication is auth-


orized by this chapter, without re-
gard to his designation in the plead-
ings or position in the cause.
(3) After the entry of a final judg-
ment or decree in any cause no sworn
statement shall ever be held defec-
tive for failure to state a required
fact if the said fact otherwise ap-
pears from the record of the cause.
48.04 Sworn statement, natural
person as defendant. The sworn
statement of the plaintiff, his agent.
or attorney, for service of process by
publication against a natural person,
shall show:
(1) That diligent search and in-
quiry have been made to discover the
name and residence of such person,
and that the same is set forth in said
sworn statement as particularly as is
known to the affiant; and,
(2) Whether such person is over or
under the age of twenty-one years, if
his age is known, or that his age is
unknown; and,
(3) In addition to the above, that
the residence of such person is,
either:
(a) Unknown to the affiant; or,
(b) In some state or country other
than the State of Florida, stating
said residence if known; or,
(c) In the State of Florida, but
that he, (i) has been absent from the
state for more than sixty days next
preceding the making of the sworn
statement, or (ii) conceals himself
so that process cannot be personally
served upon him, and that affiant be-
lieves that there is no person in the
State of Florida upon whom service
of process would bind said absent or
concealed defendant.

48.05 Sworn statement, corpora-
tion as defendant.-The sworn state-
ment of the plaintiff, his agent or
attorney, for service of process by
publication against a corporation,
shall show:
(1) That diligent search and in-
quiry have been made to discover the
true name, domicile, principal place
of business and status (that is,
whether foreign, domestic or dis-
solved) of the corporate defendant,
and that the same is set forth in said
sworn statement as particularly as is
known to the affiant, and that dili-
gent search and inquiry have also
been made, to discover the names









FLORIDA LAW OF THE PRESS


and whereabouts of all persons upon
whom the service of process would
bind the said corporations and that
the same is specified as particularly
as is known to the affiant; and
(2) Whether or not the corpora-
tion has ever qualified to do business
in this state, unless shown to be a
Florida corporation; and
(3) That all officers, directors,
general managers, cashiers, resident
agents and business agents of the
corporation, either:
(a) are absent from the state; or
(b) cannot be found within the
state; or
(c) conceal themselves so that
process cannot be served upon them
so as to bind the said corporation; or
(d) that their whereabouts are un-
known to the affiant; or
(e) that said officers, directors,
general managers, cashiers, resident
agents and business agents of the
corporation are unknown to affiant.

48.06 S w o r n statement, parties
doing business under a corporate
name as defendants. The sworn
statement of the plaintiff, his agent
or attorney, for service of process by
publication against parties who have
or may have done business under a
corporate name, shall show:
(1) The name under which said
parties have operated or done busi-
ness; and
(2) That, after diligent search and
inquiry, he has been unable to ascer-
tain whether or not the organization
operating under said name was a
corporation, either domestic or for-
eign; and
(3) The names, and places of resi-
dence if known, of all persons known
to have been interested in such or-
ganization, and whether or not other
or unknown persons may have been
interested in such organization; or
that, after diligent search and in-
quiry, all persons interested in such
organization are unknown to the af-
fiant, and, unless all such persons
are unknown to the affiant,
(4) That the known persons inter-
ested in such organization, either:
(a) are absent from this state; or
(b) cannot be found within this
state; or


(c) conceal themselves so that
process cannot be personally served
upon them; or
(d) that their whereabouts are
unknown to the affiant.
48.07 Sworn statement, unknown
parties as defendants.--If relief is
prayed against unknown parties, the
sworn statement of the plaintiff, his
agent or attorney, for service of pro-
cess by publication against such un-
known parties, shall show:
(1) That the affiant believes that
there are persons who are or may be
interested in the subject matter of
the suit or proceedings whose names,
after diligent search and inquiry, are
unknown to the affiant; and
(2) Whether said unknown parties
claim as heirs, devisees, grantees, as-
signees, lienors, creditors, trustees,
or other claimants:
(a) by, through, under or against
a known person who is dead or not
known to be dead or alive; or,
(b) by, through, under or against
some corporation, domestic or for-
eign, that has been dissolved or which
is not known to be existing or dis-
solved; or
(c) by, through, under or against
some organization which operated or
did business under a name indicating
a corporation; or
(d) otherwise as the case may be.
(3) In any case alleged against a
named defendant, natural or corpo-
rate, who is stated, either in the
pleadings or in the sworn statement,
to be either (a) dead or dissolved, or
(b) not known to be dead or alive,
or dissolved or existing, any judg-
ment, decree or order rendered
against such defendant shall be as
good, valid and effectual as if it had
not been so stated.
48.08 Notice to defend, for m.-
Upon filing the sworn statement, and
otherwise complying with the fore-
going requirements, the plaintiff shall
be entitled to have issued by the
clerk or judge, not later than sixty
days after the filing of the sworn
statement, a notice to defend, which
notice shall set forth:
(1) The names of the known na-
tural defendants; the names, status
and description of the corporate de-
fendants; a description of the un-
known defendants who claim by,









FLORIDA LAW OF THE PRESS


through, under or against a known
party which may be described as "all
parties claiming interests by,
through, under or against (name of
known party)" and a description of
all other unknown defendants which
may be described as "all parties hav-
ing or claiming to have any right,
title or interest in the property here-
in described";
(2) The nature of the suit or pro-
ceeding in short and simple terms
(but neglect to do so shall not be
construed as jurisdictional);
(3) The name of the court in
which the suit or proceedings were
instituted and an abbreviated title
of the case;
(4) The description of real prop-
erty, if any, proceeded against .
48.09 Notice to defend, return day.
-The notice to defend shall require
the defendant to file his answer with
the clerk of the court and to serve a
copy thereof upon the plaintiff or
plaintiff's attorney, whose name and
address shall appear in, or be an-
nexed to, said notice not later than
the date fixed in said notice, which
date shall be not less than twenty-
eight nor more than sixty days after
the first publication of the notice.
See Equity Rule No. 33.
48.10 Notice to defend, publica-
tion, proof and recording thereof.-
(1) All such notices to defend shall
be published once during each week
for four consecutive weeks (four pub-
lications being sufficient) in some
newspaper published in the county
where the court is located, said news-
paper to meet such requirements as
may be prescribed by law for such
purpose.
(2) Proof of such publication shall
be made by affidavit of either the
owner, publisher, proprietor, editor,
business manager; foreman or other
officer or employee of such newspaper
having knowledge, of such publica-
tion, which affidavit shall set forth or
have attached a copy of said notice,
shall set forth the dates of each pub-
lication and otherwise comply with
the requirements of law, and shall be
recorded in the chancery order book
or minute book of the court wherein
the suit or proceeding is pending,
unless a certificate thereof be made
as provided in 48.12.


(For form of proof of publication,
see Section 49.05, following.)

48.11 Notice to defend, posting,
proof and recording thereof.-If there
be no newspaper published in such
county then three copies of said
notice shall be posted at least twenty-
eight days prior to the return day
thereof in three different and con-
spicuous places in such county, one
of which shall be at the front door
of the courthouse in said county;
the proof of posting shall be made by
affidavit of the person posting the
same, which affidavit shall include a
copy of the notice posted and the
date and places of posting the same;
said affidavit shall be recorded in the
chancery order book or minute book
of the court in which the proceeding
is pending, unless a certificate there-
of be made as hereinbefore provided.

48.12 Notice to defend, certificate
of publication or posting in lieu of
recording.-In lieu of the recording
of the proof of publication or post-
ing as provided in 48.10 and 48.11,
there may be filed in such proceeding
a certificate executed by the clerk
or judge stating that such prbof of
publication was filed, the name of the
newspaper in which such notice to
defend was published, that such
newspaper is qualified under the law
as one in which to publish legal no-
tices and the dates upon which the
proof of publication states that the
notice was published; or if such no-
tice to defend was posted, then such
certificate shall state that such no-
tice was posted at the front door of
the courthouse in such county and in
two other conspicuous places in the
county for at least twenty-eight days
prior to the return day thereof.

48.13 Notice to defend, mailing of
-If the residence of any defendant
or other party to be served by publi-
cation shall be stated in the sworn
statement with more particularity
than the name of the state or country
in which the defendant resides, the
clerk, or the judge if there be no
clerk of such court, shall mail a
copy of such notice by United States
mail, with postage prepaid, to each
such defendant within ten days after
the making of the notice, the date
of mailing to be noted on the docket.









FLORIDA LAW OF THE PRESS


48.16 Rules of court, forms, etc.-
The Supreme Court of Florida may,
from time to time, make, adopt,
promulgate, amend, modify or annul
rules of practice, and adopt forms,
for use in the practice and proceed-
ings under and in administration of
this act, and such court rules and
forms shall have the force and effect
of law.
48.17 Construction of this law.-
Nothing in this act shall be construed
as amending or modifying the pro-
visions of The Probate Law of Flor-
ida, or chapters 731-734, Florida
Statutes.
48.18 Short title-This Act shall
be known and may be cited as the
"1941 Constructive Service Law."

NEWSPAPER DEFINED
49.01 Where and in what lan-
guage legal notices to be published.
-Whenever by statute an official or
legal advertisement or a publication,
or notice in a newspaper has been or
is directed or permitted in the nature
of or in lieu of process, or for con-
structive service, or in initiating, as-
suming, reviewing, exercising or en-
forcing jurisdiction or power, or for
any purpose, including all legal no-
tices and advertisements of sheriffs
and tax collectors, the contempo-
raneous and continuous intent and
meaning of such legislation all and
singular, existing or repealed, is and
has been and is hereby declared to be
and to have been, and the rule. of
interpretation is and has been, a
publication in a newspaper printed
and published periodically once a
week or oftener, wholly or in large
part in the English language, en-
tered or qualified to be admitted and
entered as second class matter at a
post office in the county where pub-
lished, for sale to the public gener-
ally, available to the public gener-
ally for the publication of official or
other notices and customarily con-
taining information of a public char-
acter 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.
POSTING
49.02 Publication when no news-
paper in county.-When any law, or


order or decree of court, shall direct
advertisements to be made in any
county and there be no newspaper
published in the said county, the ad-
vertisement may be made by posting
three copies thereof in three differ-
ent places in said county, one of
which shall be at the front door of
the courthouse, and by publication
in the nearest county in which a
newspaper is published.

PUBLICATION REQUIRED
49.03 Newspapers in which legal
notices and process may be published.
-No notice or publication required
to be published in a newspaper in
the nature of or in lieu of process of
any kind, nature, character or de-
scription provided for under any law
of the State of Florida, whether here-
tofore or hereafter e n a c t e d, and
whether pertaining to constructive
service, or the initiating, assuming,
reviewing, exercising or enforcing
jurisdiction or power, by any court
in this state, or any notice of sale
of property, real or personal, for
taxes, state, county or municipal, or
sheriff's, guardian's or administrat-
or's or any sale made pursuant to
any judicial order, decree or statute
or any other publication or notice
pertaining to any affairs of the state,
or any county, municipality or other
political subdivision thereof, shall be
deemed to have been published in
accordance with the statutes provid-
ing 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 pub-
lished at least once each week and
shall have been entered as second
class mail matter at a post office in
the county where published for a
period of one year next preceding
the first insertion of such publication,
or in a newspaper which is a direct
successor of a newspaper which to-
gether have been so published; pro-
vided, 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 e ngth of time
above prescribed. No legal publication
of any kind, nature or description, as
herein defined, shall be valid or bind-
ing or held to be in compliance with
the statutes providing for such pub-










FLORIDA LAW OF THE PRESS


location unless the same shall have
been published in accordance with
the provisions of this section. Proof
of such publication shall be made by
uniform affidavit.

PROOF OF PUBLICATION
49.04 Proof of publication; uni-
form affidavits required.-All affida-
vits of publishers of newspapers (or
their official representatives) made
for the purpose of establishing proof
of publication of public notices or
legal advertisements, shall be uni-
form throughout the State of Flor-
ida.
Each such affidavit shall be printed
upon white bond paper containing at
least twenty-five per cent rag ma-
terial and shall be eight and one-half
inches in width and of convenient
length, not less than five and one-
half inches. A white margin of not
less than two and one-half inches
shall be left at the right side of each
affidavit form and upon or in this
space shall be substantially pasted
a clipping which shall be a true copy
of the public notice or legal adver-
tisement for which proof is executed.

49.05 Proof of publication; form
of uniform affidavit.--The printed
form upon which all such affidavits
establishing proof of publication are
to be executed shall be substantially
as follows:

NAME OF NEWSPAPER
Published (Weekly or Daily)
(Town or City) (County) FLORIDA
STATE OF FLORIDA
COUNTY OF -----.----------. :
Before the undersigned authority
personally appeared .-__-__-------.----,
who on oath says that he is ----... --
of the .... .,--- a news-
paper at ....--- ...--- ---- ------- in
.--- .--- County, Florida; that
the attached copy of advertisement,
being a -- in the matter of
--------------- in
the ---- Court, was pub-
lished in said newspaper in the issues
o f -- --- -- --. --.... .. ......... ..... ... .--...... .......... ...
of--- -----------

Affiant further says that the said
------------ is a newspaper
published at .---- --------..-.. in said
t-------- County, Florida, and
that the said newspaper has hereto-
fore been continuously published in
said. ..----- County, Flor-


ida, each.... ..--------.----~.. and has been
entered as second class mail matter
at the post office in ---...--- ------....,
in said .-----.-.. --... County, Florida,
for a period of one year next preced-
ing the first publication of the at-
tached copy of advertisement; and
affiant further says that he has
neither paid nor promised any per-
son, firm or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertise-
ment for publication in t h e s a i d
newspaper.
Sworn to and subscribed
before me this .----- ------
day of ......----- ...----------. A. D. 19 ...:

(SEAL) Notary Public

LEGAL ADVERTISING RATES
49.06 Amounts chargeable.-
(1) The publisher of any news-
paper publishing any and all official
public notices or legal advertisements
shall charge therefore the rates speci-
fied in this section without discount,
rebate, commission or refund.
(2) The charge for publishing each
such official public notice or legal
advertisement shall be seventy cents
per square inch for the first inser-
tion and forty cents per square inch
for each subsequent insertion.
(3) Where the regular established
minimum commercial rate per square
inch of the newspaper publishing
such official public notices or legal
advertisements is in excess of the
rate herein stipulated, said minimum
commercial rate per square inch may
be charged for all such legal adver-
tisements or official public notices of
each insertion, including notices of
all governmental bodies or agencies.
(4) Any person violating provision
of this section, either by allowing or
accepting any discount, rebate, com-
mission or refund, shall be guilty of
a misdemeanor, upon conviction
thereof shall be punished by impris-
onment of not more than sixty days
or by a fine not to exceed three hun-
dred dollars or by both such fine and
imprisonment in the discretion of the
court.
(5). All official public notices and
legal advertisements shall be charged
and paid for on the basis of six-point
type on six-point body.
(6) The provisions of this section,










FLORIDA LAW OF THE PRESS


RATE CHARGEABLE FOR LEGAL ADVERTISING
(Other than Delinquent Tax List)

The rate for legal advertising, other than the delinquent tax list, is
70 cents per square inch for the first insertion and 40 cents per square inch
for the subsequent insertions. A column is two inches wide, therefore an
advertisement one column wide by one inch deep is chargeable at $1.40 for
the first insertion and 80 cents for each subsequent insertion.
The chargeable space is measured from cut-off rule to cut-off rule.
Advertising must be set solid, without any hair line leading.
When advertising is two columns wide, or more, charge is allowable for
column rule space. This, briefly means that a one-inch advertisement one
column wide will produce a charge of $1.40 for the first insertion, and a
one-inch advertisement two columns wide will produce a charge of $2.86 for
the first insertion.
Legal advertising is measurable at 12 lines to the column inch. The fol-
lowing table is based upon fractions of one-sixth of a column inch, 12 ems
wide, and upon fractions of one-sixth of an inch DOUBLE COLUMN, or
241/2 ems wide.


Inches
1/6
2/6
3/6
4/6
5/6
1


One Time
.23
.47
.70
.93
1.17
1.40


Two Times
.37
.73
1.10
1.47
1.83
2.20


Three Times
.50
1.00
1.50
2.00
2.50
3.00


12 EMS
Four Times
.63
1.27
1.90
2.53
3.17
3.80


FOR DOUBLE COLUMN LEGALS, 24Y EMS


Inches One Time Two Times
1/6 .48 .75
2/6 .95 1.50
3/6 1.43 2.25
4/6 1.91 3.00
5/6 2.38 3.75
1 2.86 4.50
(Extend this by multiplying in


Three Times Four Times


fractions of 1/6


1.29
2.59
3.88
5.17
6.46
7.76
as outlined


however, shall not be construed as in
any wise affecting the provisions of
law concerning the publication of de-
linquent tax lists.
(7) Failure to charge the rates
prescribed by this section shall in
no way affect the validity of any
official public notice or legal adver-
tisement and shall not subject same
to legal attack upon such grounds.

SUSPENDED PUBLICATION
49.07 Newspapers; suspended pub-
lication; when qualified to resume.-


(1) Any newspaper that was being
published on December 7, 1941, that
was forced to suspend publication on
said date or thereafter for any rea-
son, if it shall resume publication
within a period of six months after
the present war with the Axis powers
has been officially terminated, shall
be fully qualified as a newspaper
under 49.03, Florida Statutes; pro-
vided, that on December 7, 1941, such
newspaper was then qualified as a
newspaper under the definition of
same as provided by said 49.03, Flor-
ida Statutes; and provided, further,


FOR SINGLE COLUMN LEGALS,


Five Times
.77
1.53
2.30
3.07
3.83
4.60


Five Times
1.57
3.13
4.70
6.26
7.83
9.39
above)












FLORIDA LAW OF THE PRESS


that any newspaper that was being
published on December 7, 1941, that
had not been published a sufficient
length of time to come within the
definition of a newspaper as provided
by 49.03, Florida Statutes, resumes
publication within a period of six
months after the present war with
the Axis powers has been officially
terminated, and shall thereupon have
the same legal status it had on De-
cember 7, 1941.
(2) This section shall be liberally
construed to the end that any news-
paper that has been forced to sus-
pend business on or after December
7, 1941, shall not because of such
suspension lose the status it had on
said date of December 7, 1941.


NOTICE BY PUBLICATION

SUIT FOR DIVORCE
IN THE CIRCUIT COURT OF THE
............ .... JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR .............
COUNTY. IN CHANCERY. No..........
Plaintiff,
vs.
.---------------------------

Defendant.
TO:
You are hereby notified that a Bill of
Complaint for Divorce has been filed
against you, and you are required to
serve a copy of your Answer or Plead-
ing to the Bill of Complaint on the
plaintiff's attorney, ................---------
._.................. -. (Name and Address)
and file the original Answer or Pleading
in the office of the Clerk of the Circuit
Court on or before the ................ day of
-..................-- -.......... 19 ....... If you fail
to do so, judgment by default will be
taken against you for the relief de-
manded in the Bill of Complaint.
Done and Ordered at .. -.. --
Florida, this ... day of ......
19........
.. County, Florida.
Clerk, Circuit Court

(CIRCUIT COURT SEAL)
By..... .........................---
Deputy Clerk

Attorney for Plaintiff


NOTICE BY PUBLICATION

MORTGAGE FORECLOSURE
IN THE CIRCUIT COURT OF THE
... ... JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR .................--
COUNTY. IN CHANCERY. No..............
Plaintiff,
vs.
Defendant.
SUIT TO FORECLOSE MORTGAGE TO:

(name of defendant)
(name of defendant)


You, ---- .. -------- ., are
hereby notified that a Bill of Complaint
to foreclose a certain mortgage on the
following described property, to-wit:
(Give description of the property) has
been filed against you and you are re-
quired to serve a copy of your Answer or
Pleading to the Bill of Complaint on the
Plaintiff's attorney, -......... ....... .. ...
...._--...-.......... Building, ....-..................-- -- ,
Florida, and file the original Answer or
Pleading in the office of the Clerk of the
Circuit Court on or before the---........
day of.. -----........................ --... 19 ...........
If you fail to do so, judgment by default
will be taken against you for the relief
demanded in the Bill of Complaint.
This notice shall be published once
each week for four consecutive weeks in
Done and Ordered at......... ... ---------
Florida, this day of ---
19
.------ ---........... County, Florida.
Clerk, Circuit Court
(CIRCUIT COURT SEAL)
By............... -----.............. ------....
Deputy Clerk

Attorney for Plaintiff


NOTICE BY PUBLICATION

SUIT TO QUIET TITLE
IN THE CIRCUIT COURT OF THE
.. .. JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR ....- -
COUNTY. IN CHANCERY. No.............
Plaintiff,
vs.

Defendant,
IN THE NAME OF THE STATE OF
FLORIDA:
TO THE DEFENDANTS:
And to: All unknown spouses of said
above named natural defendants.
And to: All Parties claiming interests by,
through, under or against the above
natural defendants not known to be
dead or alive.
And to: All Parties having or Claiming to
have any right, title or interest in and
to the following described property,
situate in .....-....... .....- County, Florida.
to-wit: (Give description of the prop-
erty.)
You, and Each of You, are notified that
a suit to quiet title to the above de-
scribed property has been filed against
you and you are hereby required to serve
a copy of your Answer to the Bill of
Complaint on the Plaintiff's attorney,
...Building, .....----...- .....-
Florida, and file the original in the of-
fice of the Clerk of the Circuit Court on
or before .. .... ... ----- 19 ...
otherwise the allegations of said Bill of
Complaint wil be taken as confessed.
This notice shall be published once
each week for four consecutive weeks in
the ............................ --...- ...
Dated this ........- day of.._.................
19 .
--.......... ---........County, Florida.
Clerk, Circuit Court

(CIRCUIT COURT SEAL)
By.... .... -- .-- .-------- ------
Deputy Clerk











FLORIDA LAW OF THE PRESS


NOTICE BY PUBLICATION
SUIT TO IMPRESS LIEN
TO: __. ._--. ..... ... -,
whose residence address as particularly
as is known is........--...--- --........... ..... ........... ,
..., and whose address
for the receipt of mail is .....................
------oi m ail is --------------------
You are hereby notified that suit has
been brought against you in the Circuit
Court in and for............. .............County,
Florida, in Chancery as above entitled,
for the impressment of a lien upon your
undivided --.... ............- interest in and to
real estate situate in.... -._.-...- County,
Florida, to-wit: (Give description of the
property, by --- -------............- ..... (name
of Plaintiff) and you are hereby required
to serve a copy of your answer or plead-
ing to the bill of complaint on the
plaintiff's attorney, -........ .........-.... .
(name and address) and file the original
in the office of the clerk of said court.
If you fail to do so, judgment by de-
fault will be taken against you for the
relief demanded in the Bill of Complaint.
Done and Ordered at.......... .- .._...... ,
Florida, this..........-........day of.............. ,
19 -.........-

Clerk, Circuit Court
----------------..... County, Florida
(CIRCUIT COURT SEAL)
By -----...... --.....................--...------
Deputy Clerk
Attorney for Plaintiff

JUDGEMENTS AND EXECUTIONS

55.31 Shares of stock levied upon
are to be sold in the same manner as
other property levied upon. The no-
tice of such sale shall contain a
statement of the number of shares
to be sold, the corporation in which
said shares are held, the amount paid
in thereon, and the amount unpaid.
xxx
cf.-See 55.44 for publication re-
quirements.

NOTICE BY PUBLICATION

SALE OF CORPORATE STOCK
NOTICE OF SHERIFF'S SALE
IN THE CIRCUIT COURT OF THE
---. ---- JUDICIAL CIRCUIT
IN AND FOR ---...-..............- COUNTY,
FLORIDA-IN Chancery No................
------------.---- Plaintiff,
vs. .... ... ....
Defendant.
NOTICE IS HEREBY GIVEN that I,
-........----. ....-- ..., Sheriff of .......
County, Florida, under and by virtue of
a writ of execution issued out of the
Circuit Court of the .....- ...~......................
Judicial Circuit, in and for ........................--
County, Florida, on the .. ............. day of
..-...-_..-. in that certain cause
there pending wherein ...................
-,-----------. Plaintiff, under'
the date of ... ...-........ ....., recovered
of and from the Defendant ...........................
-. -----.---... ........... a final judgment in
the sum of ... .. ............. ... .......... ....
( --.--....-.. .......... ) also under the date


Sof ------...----------.. ..... --......... said Plaintiff
recovered of and from the Defendant,
--.------- .---------------.. ---...... ....... a final
judgment in the sum of ........... ........
--------..... (..............-- ..... -- --- ), to-
gether with .._.. ......... .. ...... ... ....
(.---.-----------. ......----.. ) attorneys fees, and
costs, I have levied upon and will sell to
the highest bidder for cash at the ........
door of the County Courthouse in ...--
-------..... ----... .......... --. County, Florida,
on Monday, the --.........day of ----......... ,
.-.....-.., between the hours of 11:00 A.M.
and 2:00 P.M., the same being the legal
hours of sale, the following described
property, being the property of the De-
fendant .......- ....... --..... ... .... .., to-wit:
shares of stock of the ......-.... ........
--- -- --- ...---- ----- -- --- -- .. .....-- --- a-..... ., a
corporation
to satisfy the demands of said writ of
execution.

Sheriff of ...-....--...... County, Florida
By .-....- ....... ...... ...... --
Deputy Sheriff.
Attorney for Plaintiff.

SALE UNDER EXECUTION

55.44 Execution sales; notice.-
Notice of all sales under execution
shall be given by advertisement once
each week for four successive weeks
in a newspaper published in the
county in which the sale is to take
place, ... but the time of such notice
may be shortened in the discretion
of the court from which the execu-
tion issued, upon affidavit that the
property to be sold is subject to de-
cay, and will not sell for its full value
if held for a period of thirty days.

NOTICE BY PUBLICATION
PERSONAL PROPERTY
NOTICE OF SHERIFF'S SALE
IN THE CIVIL COURT OF RECORD, IN
AND FOR --...... -................ COUNTY,
FLORIDA-No ..............
................ ... ..... ...... Plaintiff, vs.
-......... ...... .... Defendants.
NOTICE IS HEREBY GIVEN that
under and by virtue of a Writ of Execu-
tion on a Distress Warrant for rent to
me, issued out of the Civil Court of Rec-
ord in and for. .........................
County, Florida, upon a Judgment in
Case No. ..... ... in which ......... ......
-............- -........- -... was Plaintiff and
-... ........ ..-.......... were Defendants,
I have levied upon and will sell at public
auction to the highest bidder for cash at
the................. front door of the ... ...........
County Court House in -.... ...........,
.............. ........... ........... .... ..... Florida,
on................. .. A.D. 19 .. ., between
the hours of 11 o'clock A.M., and 2
o'clock P.M., the following described per-
sonal property, to-wit:
(Here list property)











FLORIDA LAW OF THE PRESS


Said property being located in those cer-
tain premises on..........................-.... ......
known as ......... .... .................... -_.......... ...

Florida; said property having been levied
upon as the property of the Defendants,

-- -...... to satisfy said execution.
This the.......... day of .............-.,... A.D.
19 ....

Sheriff of .................. County, Florida.
By.............................. Deputy.



Attorney for Plaintiff.


NOTICE BY PUBLICATION

REAL PROPERTY
NOTICE OF SHERIFF'S SALE
IN THE CIVIL COURT OF RECORD IN
AND FOR ......_....................... COUNTY,
FLORIDA.-No ...... ...

-- -....... -, Plaintiff, vs.
.................., Defendants.
NOTICE is hereby given that under
and by virtue of a Writ of Execution
issued out of the Civil Court of Record,
in and for .-....-.. --....................--.... County,
Florida, under a Final Judgment rendered
by said Court in a certain cause wherein
--- -------------- is the
plaintiff, and .....-.... ...... ......... .-----
.---. -- ....... ........ are de-
fendants, being case No.......-..... in said
Court, I have levied upon and will sell
at public outcry to the highest and best
bidder for cash at the .......... front door
of the Court House of .......--..........
County, in the City of ...... ..............
Florida, on the -.....--...day of.. .......
A. D. 19 ....., between the hours of 11:00
A.M. and 2:00 P.M., the same being the
legal sales day and the legal hours of
sale, all of the right, title and interest of
the said ........--...........-.._... ---.
.................. ...., in and to the
following described real estate, situate,
lying and being in -_. --............. ........
County, Florida, to-wit:
(Here describe property)
said property to be sold to satisfy said
execution and costs.
D ated at..... .................-, ... ........
County, Florida, this.........--....--....day of
-.--...- ........... ... A. D.. -................. .

Sheriff .-......-.....- ........ County, Florida.
By ....- ---............ ... ,
Deputy Sheriff.

Attorney for plaintiff.


NOTICE BY PUBLICATION

SPECIAL MASTER'S SALE
IN THE CIRCUIT COURT OF THE
-..-.-.. .. JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR --...
....------............. COUNTY, IN CHANCERY,
No........---
........ ............ Plaintiff,
Vs. ................... .... ....... ..... ..-- .. .. .......- ..-........
Defendant.
NOTICE IS HEREBY GIVEN that the
undersigned, as Special Master, under


and by virtue of the Final Decree of
Foreclosure heretofore entered in that
certain cause pending in the Circuit
Court of the .. -.................. Judicial
Circuit of Florida, in and for ...- ......
County in Chancery, being Chancery case
No ................ .......... ... --......, in which
............................ ..... .............. ..... ...... is/are
plaintiff .., and ..........._.............

is/are defendant ., I, as .............
Master in Chancery appointed by' the
Court in said decree, under and by vir-
tue of the terms thereof will offer for
sale and sell at public outcry to the
highest and best bidder for cash at the
-....-............. ..... front door of the Court
House of ........................County, in the
City of ...................-....... ...... ..., Florida,
on the -.................- day of ........ ..- ,
A.D. 19 ........, between the hours of eleven
o'clock A.M. and two o'clock P.M., the
same being a legal sales day and the
hours the legal hours of sale, the follow-
ing described property situate in .....-...
.---......... .._.County, Florida, to-wit:
(Here describe property)
The said property as aforesaid together
with all the tenements, hereditaments
and appurtenances thereto belonging, or
in any wise appertaining, being sold to
satisfy said decree.
Dated this ........................ .............. day of
S. ---.--. A.D. 19 ...-.....

...-......----. Master in Chancery.

'Solicitor.... for Plaintiff....

NOTICE BY PUBLICATION
IN THE CIRCUIT COURT OF THE SEC-
OND JUDICIAL CIRCUIT, IN AND
FOR LEON COUNTY, FLORIDA.
IN CHANCERY. No. 12836.
MAY WIGHTMAN ANDREWS,
Plaintiff,
vs.
PERRY LEWIS, et ux, et al,
Defendants.
NOTICE OF COMMISSIONER'S SALE
Notice is hereby given that pursuant to
an Order of the Circuit Court of the Sec-
ond Judicial Circuit of Leon County,
Florida, In Chancery, rendered on the
30th day of October, A. D. 1953 in a cer-
tain cause pending therein wherein May
Wightman Andrews is plaintiff and Perry
Lewis, et ux, et al, are defendants, we
the undersigned Commissioners duly ap-
pointed by the Court, will sell at public
outcry to the highest bidder for cash in
Tallahassee, Florida, on the 30th day of
November, A. D. 1953, between the hours
of 11:00 o'clock A. M. and 2:00 o'clock
P.M. at the West front door of the Leon
County Court House, the following real
estate, situate, lying and being in Leon
County, Florida, and more particularly
described as follows, to-wit:
Lot 117, South one-half of County
Quarter of the City of Tallahassee,
County of Leon and State of Florida.
(s) W. C. VASON, JR.
(s) JOE WILSON
(s) B. L. PEABODY
(NAME OF ATTORNEY)
Tallahassee, Florida
Attorneys for Plaintiff.
NOTICE
TO THE CREDITORS OF ALLTITE
MOTOR PRODUCTS CORPORATION
OF FLORIDA:










FLORIDA LAW OF THE PRESS


You and each of you are hereby noti-
fied that Alltite Motor Products Corpo-
ration of Florida has made a general as-
signment of all its assets for the benefit
of creditors as provided by Chapter 727,
Florida Statutes.
The assignee under said assignment is
Alfred Del Castilho, whose mailing ad-
dress is 2001 South Adams Street, Talla-
hassee, Florida.
You and each of you are called upon
to file with the aforesaid assignee within
60 days, if you reside in the State of
Florida, or if beyond the limits of the
State of Florida, within 4 months, sworn
statements of your claims against said
Alltite Motor Products Corporation of
Florida.
Dated this 31st day of December. 1953.
ALFRED DEL CASTILHO
Assignee of the Assets of
Alltite loqtor Products
Corporal tin of Florida.

Tallahassee, Florida,
Attorneys for Assignee.
NOTICE OF SEPARATION
The undersigned hereby notifies all per-
sons concernedthat he is no longer con-
nected with the "Spot Dry Cleaners,"
located at 721 S.W. Second Ave., having
disposed of all of his right, title and
interest thereon, and is no longer respon-
sible for any debts arising out of the
business.
SIDNEY ROSENFELD.

APPELLATE PROCEEDINGS

59.12 Service of notice of appeal.
(1) Where a copy of the notice is
required to be served upon the ap-
pellees it may be served: x x x
(b) Without this state, by regis-
tered United States mail, or by pub-
lishing the same in some newspaper
published in the county where the
appellate court is located once during
each week for four consecutive weeks
(four publications being sufficient).
(2) Proof of service may be by of-
ficial return, affidavit, return of reg-
istry receipt, or acknowledgment of
service.

DEFENSE AGAINST PUBLICATION

62.14 Rehearing after decree en-
tered on publication; bona fide pur-
chaser of property not affected.-If
any defendant, against whom a de-
cree has been rendered on publication
only, as provided in 48.12 and
48.13, shall at any time before the
expiration of the time allowed for a
rehearing, appear and petition the
court for a rehearing thereof, and
give bond in an amount and with
conditions to be fixed by the judge,


with sureties to be approved by the
clerk, he shall be permitted to de-
fend the bill as if he had been per-
sonally served with process. And the
court may stay all proceedings upon
the original decree, pending such
defense, and if the decree has been
executed, may, at the final hearing,
decree restitution. But the title to
property sold under the original de-
cree and purchased by a bona fide
purchaser for value, shall not be af-
fected by any such rehearing. The
defendant applying for such rehear-
ing shall give reasonable notice in
writing to the complainant of such
application.

FREE DEALER APPLICATION

62.42 Consent or service on hus-
band.-There shall be filed with the
said petition either one of the follow-
ing: x xx
(3) Proof of publication of notice
that application for such license will
be presented to the court on specified
date where the husband of petitioner
has not signed written consent or
cannot be personally served with copy
of said petition. Such publication
shall be made once a week for two
consecutive weeks in a newspaper of
general circulation in the county
where petitioner resides.

NOTICE BY PUBLICATION

APPLICATION FOR FREE
DEALERSHIP
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR DADE
COUNTY. IN CHANCERY, NO. 142869.
STELLA T. QUALTERS,
Petitioner
PETITION FOR FREE DEALER'S
LICENSE
TO: ROBERT L. QUARTERS
1159 Woodland Avenue
Clairton, Pennsylvania
You, Robert L. Qualters, are hereby
notified that the Petition of Stella T.
Qualters for a Free Dealer's License will
be presented to the above styled Court
on the 22nd day of August, A.D. 1951
at 9:00 o'clock A.M. You will please
serve a *copy of any answer or pleading
on the petitioner's attorneys, Post &
Stamey, 81 Hialeah Drive, Hialeah, Flor-
ida, and file the original answer or
pleading in the office of the Clerk of the
Circuit Court before the aforesaid date,
or you may appear before the Court in
person on the aforesaid date and hour
if you have any objections to the pe-
tition.
This notice shall be published once
each week for two consecutive weeks in
The Miami Review and Daily Record.









FLORIDA LAW OF TIE PRESS


DONE AND ORDERED at Miami,
Florida, this 2 day of August, A.D. 1951.
E. B. LEATHERMAN,
Clerk, Circuit Court
Dade County, Florida
(Circuit Court Seal)
By L. 9. De PIETRO,
Deputy Clerk.
8/3-10

SUITS TO QUIET TITLE
66.18 Where a person or corpo-
ration, not the rightful owner of real
estate, shall file suit to quiet title, he
shall file notice stating the nature of
the suit and requiring the appearance
of all parties and interests not less
than four weeks from the date of
the first publication of the notice.
The notice shall be published once a
week for four consecutive weeks in
a newspaper having general circula-
tion in the county where the suit is
brought.

PROCEEDING IN REM
66.31 Upon the filing of the bill
of complaint, in a proceeding in rem
to quiet title, a summons shall be
isued by the clerk of the court, under
the seal of the court, in substantially
the following form:
FORM
IN THE CIRCUIT COURT OF
THE -.....---...--. JUDICIAL CIR-
CUIT, IN AND FOR ..-- ----------------
COUNTY, FLORIDA, IN CHAN-
CERY, CASE NO ~... .------ _.

Plaintiff,
V.
All persons claiming any estate,
right title or interest in, or lien
upon, the real property here-
in described, or any part thereof,
Defendants.

THE STATE OF FLORIDA, TO:
All persons claiming any estate,
right, title, or interest in, or lien
upon, the real property herein
described, or any part thereof,
Defendants, Greetings:
You are hereby notified that a
proceeding to quiet title has been
brought in the circuit court for
---.......---... county, Florida, against
all persons claiming any estate, right,
title or interest in, or lien upon, the
following described real property,
situate in ._...------.. county, Florida,
to wit: (Here insert legal description
of the real property involved in the


proceeding) and you are hereby re-
quired to file with the clerk of said
court your written appearance (per-
sonally, or by attorney) in said pro-
ceeding, on or before the -..-----.. --
day of --- -- 19- (which
date shall be not less than twenty-
eight days, nor more than sixty days,
after the issuance of this summons),
and thereafter file with said clerk
your written defenses, if any, to the
bill of complaint at the times pre-
scribed by law, therein setting up
the estate, right, title or interest in,
or lien upon, the above described
property claimed by you. Herein fail
not, or judgment will be entered
against you by default.
WITNESS my hand and the seal
of said court at _--- -, Florida,
this ... --------- ----- 19--....

As clerk of the above styled court.
66.32 The summons issued by the
clerk of the court upon the filing of
the bill of complaint in an in rem
proceeding to quiet title, shall be
published once each week for four
consecutive weeks (four publications
being sufficient) in some newspaper
(as defined by 49.03, F. S.) pub-
lished in the county where the suit
is pending, or if there be no news-
paper published in said county and
the lands in suit lie in two or more
counties, then in any county where-
in the said lands lie. Proof of publi-
cation of such summons shall be
made by uniform affidavit (49.04
et. seq., F. S.).

UNCLAIMED FUNDS
69.16 Unclaimed funds in the
hands of a fiduciary shall be depos-
ited with the Clerk of the Circuit
Court and if the value of such funds
is over $50, the clerk shall publish a
notice once a week for three con-
secutive weeks in a newspaper of
general circulation in the county,
giving the amount involved, the name
of the fiduciary, and such other per-
tinent information as to put inter-
ested persons on notice.

LOST PAPERS AND RECORDS
71.07 Re-establishment of papers,
records, etc; notice and service.-
xxx
(2) The clerk shall cause to be
published notice to all persons named









FLORIDA LAW OF THE PRESS


in a petition for the re-establishment
of lost or destroyed papers, records
of files, and not served, and to all
other persons interested to appear in
said court and show cause why said
paper, record or file should not be
re-established. The notice shall con-
tain a brief statement of the sub-
stance of the petition, and of the
copy of the paper, record or file
sought to be re-established attached
to it, and shall be published once
each week for four successive weeks
in a newspaper published in the
county in which the proceedings are
taken.

RE-ESTABLISHMENT OF LAND
TITLES
71.16 All non-residents named in
a petition to re-establish land titles
destroyed by fire shall be notified by
publication, posting and mailing
thereof to defendants whose resi-
dence may be known, in like manner
as is or may be provided by law for
the service of process upon non-
resident defendants in other suits in
chancery, except as may be other-
wise provided herein. All other per-
sons shall be deemed and taken to
be defendants by the name or desig-
nation of "all whom it may concern"
and notice to them under their desig-
nation shall be published and posted
as aforesaid.
(cf. Chapter 48 Constructive Serv-
ice of Process.)
71.18 Notice required by 71.16
shall be entitled "Land title notice,"
and shall be substantially as follows:
A., B. and C., etc. (here give the
names of all known defendants, if
any), and to all whom it may con-
cern: Take notice that on the.----..
day of --------- A.D. 19 ----
a petition was filed by ....--------------.. -
_------- in the circuit court for
------------ county in chancery,
to establish his title to the following
described land (here insert a full
description of the land mentioned in
said petition).
Now unless you appear on the
---------- day of-- ------ A.D.
19 .-----,--- in said court and do here-
after as required by law show cause
against such application, said peti-
tion shall be taken as confessed and
the title and estate of said petitioner
will be decreed and established ac-
cording to the prayer of said peti-


tioner, and you will be forever barred
from disputing the same.
................................................................
Clerk of the Circuit Court ...------
county, Florida. x x x
ADOPTION OF CHILDREN
72.13 Process; service and publi-
cation.-In the absence of consent as
hereinafter provided for, upon the
filing of the petition, the clerk of the
court wherein it is filed shall forth-
with issue a notice directed either to
the natural parent or parents, or the
legal guardian, commanding them to
be and appear in said court, on a
day named in said notice, not less
than twenty-eight nor more than
sixty days from the date thereof, and
to show cause why said petition
should not be granted, x x x
If any person named in said notice
be alleged to be a nonresident of
Florida, or if the name or residence
or whereabouts of any such person
is alleged to be unknown, or if any
such person cannot be personally
served, the clerk shall cause such
notice to be published once each week
for four consecutive weeks (four pub-
lications being sufficient) prior to the
return day, in some newspaper pub-
lished in the county, which notice
shall show the filing of said petition
for adoption of such child. x x x
The clerk shall file a certificate of
constructive service, and thereupon
such constructive service shall be as
effectual as to persons who are non-
residents or whose names or resi-
dence or whereabouts are unknown,
as if such persons had been person-
ally served with process within this
state, according to law.
(cf.-39.11 Commitment of de-
linquent or dependent child to li-
censed child placing agency; notice
requirement.)
NOTICE BY PUBLICATION
ADOPTION
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR DADE
COUNTY.-IN CHANCERY, No. 134016.
IN RE: ADOPTION OF BONNIE LEE
GRIEST, a Minor Child.
TO: GERALD W. GRIEST, 1 Greenbank
Road, Wilmington, Delaware.
YOU ARE HEREBY NOTIFIED that a
petition for the adoption of the white,
female, minor child, BONNIE LEE
GRIEST, was filed in the above cause on
the 10th day of July, 1950. by George
Barton Vaughn and Virginia Ingram
Vaughn, and you are hereby commanded










FLORIDA LAW OF THE PRESS


to be and appear in the above-named
court on or before the 10th day of Aug-
ust, 1950 to show cause, if any there be,
why the petition for adoption should not
be granted.
DATED this 10th day of July, 1950.
E. B. LEATHERMAN,
Clerk of said Court.
(Circuit Court Seal)
By WM. W. STOCKING,
Deputy Clerk.
7/11-18-25 8/1

ADOPTION OF ADULTS

72.36 Consent of adoptee required.
-There shall be filed with a petition
for permission to adopt another
adult, the written consent of the
adoptee and of the spouse, if any,
of such adoptee to such adoption
and also one of the following: x x x
(c) Proof by affidavit of publica-
tion of notice that a petition for such
adoption will be presented to the
court at a specified time and place.
Such publication shall be made four
times consecutively, once each week
(four publications being sufficient) in
a newspaper in the county where
such adopters reside.
EMINENT DOMAIN

73.04 Process, service and publi-
cation generally.-Upon the filing of
a petition to take private property
for public use without the consent
of the owner, the clerk of the court
shall forthwith issue a notice, con-
taining the legal description of the
real estate involved, directed "to all
whom it may concern" and contain-
ing the names of all the defendants
named in the petition and if any
defendant be alleged to be a non-
resident of the state, or if the name
or residence of any defendant is al-
leged to be unknown, or if any de-
fendant cannot be personally served,
the clerk shall cause such notice to
be published once each week for four
(4) consecutive weeks, four (4) pub-
lications being sufficient prior to the
return day, in some newspaper pub-
lished in the county; provided, how-
ever, that if the petitioner be a
municipal corporation and a news-
paper be published therein, said no-
tice shall be published in said news-
paper.

NOTICE BY PUBLICATION
CONDEMNATION SUIT
PLURIES NOTICE
IN THE CIRCUIT COURT OF THE
...... ...-- ....... JUDICIAL CIRCUIT
OF FLORIDA IN AND FOR ....................


COUNTY. COMMON LAW, No.



Petitioner, vs....

Defendants.
CONDEMNATION PROCEEDINGS
TO ALL WHOM IT MAY CONCERN, and
to -------- ---



WHEREAS, the petitioner above named
has filed its petition in the aforesaid
court praying for the condemnation, tak-
ing and appropriating by the said peti-
tioner for the purposes of the
(Here describe purposes)
of the following described land situate
and being in .....- ........--. County,
Florida, to-wit:
(Here describe property)
AND it being made to appear by affi-
vit filed in said cause that the said
------------- -. aare
non-residents of the State of Florida, or,
if residents of the State of Florida, are
concealing themselves so that this notice
cannot be served upon them.
NOW, THEREFORE, this is -to com-
mand you, the said---...... ...-.. -~.....--
--- --------- and each of you to
be and appear before said Circuit Court
above named on the ..................-...- day of
--.......... ......-..., A.D................. then and
there to show what right, title or inter-
est you and each of you have in the
above described property, and then and
there to show cause why the said prop-
erty should not be taken for the uses
and purposes set forth in the aforesaid
petition.
OF WHICH ALL PERSONS WILL
TAKE DUE NOTICE.
WITNESS, the Honorable, the Judges
of the Circuit Court of the...--..
Judicial Circuit of Florida in and for
..............-..- ......... County, and the Clerk
thereof, and of the official seal of said
Court, at the Court house in the City of
-.-------..--..-.-..-.--- in the County of
.................... and State aforesaid.
-----... .............. 19.....
Clerk Circuit Court.
(Circuit Court Seal)
By ----.............-........- ...... Deputy Clerk.

74.02 Process on nonresidents;
suits by state, county or municipality.
-Where nonresidents are made par-
ties in eminent domain proceedings
by or in the name of the State of
Florida, the state road department,
or any county or municipality, notice
shall be published one time in a
newspaper authorized to publish legal
notices, in the county where the suit
is instituted at least seven days prior
to the date designated by the court
for the appointment of appraisers,
and a copy of this notice shall be
mailed to the party at the address
set forth in the petition by the clerk









FLORIDA LAW OF THE PRESS


at least seven days prior to the date
designated by the court for the ap-
pointment of appraisers. Notice shall
be given to all unknown parties, or
parties whose addresses are alleged to
be unknown, in the same manner as
heretofore provided in this subsec-
tion, except' that no notices shall be
mailed by the clerk. The notices
provided in this subsection may be
combined and one notice published
as to all parties named or described
under this subsection.
74.15 Process on nonresidents;
flood control or drainage districts,
housing authorities. Where non-
residents are made parties in emi-
nent domain proceedings by a flood
control district, drainage district or
housing authority, service on said
nonresidents is accomplished in the
same manner as set out in 73.04
herein.

VALIDATION OF BONDS

75.06 Publication of notice.-Prior
to the date set for hearing on a pe-
tition for the validation of bonds or
certificates of indebtedness, the clerk
of the circuit court wherein said
petition is filed shall cause a copy
of said order or rule nisi to be pub-
lished in the county wherein the pe-
tition is filed, unless the petitioner
be a municipality or district in more
than one county, then in each of
such counties, once each week for
three consecutive weeks, commencing
with the first publication, which shall
not be less than eighteen days prior
to the date set for hearing; provided,
however, if there be a newspaper pub-
lished in the territory to be affected
by the issuance of the bonds or cer-
tificates, and within the county or
counties aforesaid, said publication
shall be therein, unless otherwise
ordered by the court, x x x
In the case of proceedings to vali-
date the bonds of state agencies,
commissions or departments, the said
rule nisi shall be published in the
manner herein provided in a news-
paper in each of the counties wherein
the proceeds of bonds are to be ex-
pended, and in a newspaper pub-
lished in the county in which the
seat of state government is located if
said proceedings shall be brought
therein.


LANDLORD AND TENANT
83.19 Distress for rent; sale of
property distrained.-x x x
When any property levied upon is
sold, it shall be advertised at least
ten days, in the same manner as is
provided by law for the advertise-
ment of personal property for sale
under execution. All property so
levied upon may be sold on the leased
premises, or at the court house door.
xxx
(cf.-55.44 Execution sales; no-
tice).
STATUTORY LIENS
86.08 Remedies against personal
property only; all lienors.-
(1) BY INJUNCTION AND AT-
TACHMENT.-If any person entitled
to a lien under chapter 85 upon per-
sonal property shall have reason to
believe that the same is about to be
removed from the county in which it
may be, he may enjoin the removal
of the same, in the manner provided
for enjoining the removal of prop-
erty subject to a mortgage or, if the
lien shall have been perfected, may
attach the same in the manner pro-
vided for attachment in aid of fore-
closure of mortgages. (See Notice in
Attachment, Sec. 76.16.) x x x

DEPOSITIONS
91.03 Depositions on commission;
manner of obtaining. The party
wishing to obtain a commission shall
propound written interrogatories to
the witnesses, and shall deliver to
the opposite party, or his attorneys,
a reasonable time before applying
for such commission, a copy of such
interrogatories, together with a notice
in writing setting forth the reasons
why the testimony of the witness is
to be taken upon commission, the
date at which the application for the
commission will be made and the
name of the commissioner for the
plaintiff. The original of such in-
terrogatories and notice shall be filed
in the court from which the com-
mission is to issue.
If the adverse party has no attor-
ney and does not reside in this state,
the applicant shall file his interroga-
tories as aforesaid, and shall give
notice by advertisement in a news-
paper printed in the county, once
each week for four consecutive weeks,









FLORIDA LAW OF THE PRESS


in which advertisement shall be
stated the name of the witness, the
title of the cause, and the time of
the application for a commission.
Upon proof of the advertisement to
the clerk, or to the court, if it has
no clerk, a commission shall issue as
if there had been personal service.
91.17 Depositions before justice of
peace.-Before such deposition shall
be taken, the justice of the peace shall
give notice in writing to the adverse
party or his attorney of the time
and place of taking such depositions.
If service cannot be made upon the
party or his attorney personally, or
by leaving a copy at the place of
abode of the party, notice by adver-
tisement may be given, as provided in
91.03.
PERPETUATING TESTIMONY
91.21 A person desirous of per-
petuating the testimony of a witness
living in or out of this state may
obtain a commission for the taking
of such testimony and may publish in
a newspaper published in the county,
once each week for four successive
weeks, a notice to all persons inter-
ested in the subject matter, stating
the time and place when the appli-
cation for the commission will be
made, the request of the applicant,
and the name of the witness and the
subject matter of the examination.
ELECTIONS AND ELECTORS
97.081 Registration of Electors.-
When the county commissioners
have, by resolution, called for a re-
registration of freeholders, the super-
visor of registration shall publish the
calling of such reregistration in a
newspaper of general circulation once
each week for four consecutive weeks
stating the purpose and use of such
reregistration.
98.011 Time of registration and
office hours. -The supervisor shall
keep the registration books open at
his office from 9 o'clock A. M. to
12 M., and from 2 o'clock P. M. until
5 P. M., on all week days throughout
each year, unless the board of county
commissioners shall authorize other-
wise, but the registration books must
be kept open at least one day in each
week, and every week day for thirty
days prior to closing for any primary
or general election. If the time when


the registration books are to remain
open has been limited by the board
of county commissioners, the super-
visor shall give notice by publishing
twice in a newspaper of general cir-
culation printed in his county nam-
ing the days of the week he will keep
his books open. x x x
98.051 Registration books for per-
manent registration system; when
open.-x x x
The supervisor shall give notice of
the days of the week his office will
be open by publication in two issues
of a newspaper of general circulation
published in the i t county. If there is
no newspaper published in the
county, the supervisor sh a ll have
such notice posted in at least three
public places of which one shall be
the courthouse.

100.021 Notice of general election.
-The secretary of state shall, be-
tween the first days of July and Sep-
tember in any year in which a gen-
eral election shall be held, make out
a notice stating what offices and va-
cancies are to be filled at the general
election in nthe state, and in each
county and district thereof. At least
sixty days prior to the date of hold-
ing the election the secretary of state
shall have the notice published four
times in a, newspaper printed in each
county. xxx
100.131 Notice of special election;
vacancy in legislature during regular
session.-Whenever a special election
is required to fill a vacancy in the
office of state senator or representa-
tive during a regular session, the
governor shall issue an order declar-
ing on what day the election shall be
held and deliver the order to the
secretary of state who shall deliver
to the sheriff of the county in which
the special election is to be held a
notice of the time of election and the
office to be filled by the electors of
the affected county. The sheriff shall
have a copy of the notice published
one time in a newspaper published in
the county, if a newspaper is pub-
lished on a date not less than five
or more than ten days prior to the
election. xxx
100.141 Notice of special election;
generally.-Whenever a special elec-
tion is required, the governor shall is-
sue an order declaring on what day









FLORIDA LAW OF THE PRESS


the election shall be held and deliver
the order to the secretary of state.
The secretary of state shall prepare
a notice stating what offices and va-
cancies are to be filled in a special
election in the state, county and dis-
trict thereof; he shall have the no-
tice published three times in a news-
paper printed in each county where-
in a special election is to be held at
least fifteen days prior to the elec-
tion. x x x

100.211 Power. to call bond elec-
tion, notice required.-The board of
county commissioners, or the govern-
ing authority of any district or mu-
nicipality may call elections under
this code. In the event it is deter-
mined to hold any election to decide
whether a majority of freeholders
who are qualified electors are in favor
of issuance of bonds in the county,
district or municipality, the board
of county commissioners, or the gov-
erning authority of the municipality
or district, shall by resolution order
an election to be held in the county,
district or municipality and shall give
at least thirty days' notice of the
election by publication in a news-
paper published within the county,
district or municipality as the case
may be. The publication shall be
made at least once each week for
four consecutive weeks during the
thirty days' period. x x x

101.20 Sample ballots; counties
using paper ballots.-Upon comple-
tion of the list of qualified candi-
dates, in counties where paper bal-
lots are used, the board of county
commissioners shall publish in a
newspaper of general circulation, in
the county at least twenty days be-
fore any primary, general or special
election of whatever nature, a sam-
ple ballot form, x x x
101.41 Sample ballots; counties
using voting machines.-x x x
(2) Upon completion of the list of
qualified candidates, the board of
county commissioners shall publish
in a newspaper of general circulation,
in the county at least twenty days
before any primary, general or spe-
cial election of whatever nature, a
sample ballot form, x x x


101.63
tion-. .
cants for


Absentee ballot; publica-
. The names of all appli-
absentee ballots received by


the supervisor during any week prior
to an election shall be listed alpha-
betically by precinct and said list
shall be posted at the court house
or published once in a newspaper
published in the county during the
week following the receipt of such
applications.

101.73 Description of election dis-
tricts and precincts. Within ten
days after there is any change in the
division, number or boundaries of the
election precincts, or of the location
of the polling places, the county com-
missioners shall make in writing an
accurate description of any new or
altered election precincts, setting
forth the boundary lines thereof, so
as to designate accurately the limits
of each precinct. They shall at the
same time name, clearly define and
describe in writing the polling place
which they have established in each
new or altered election precinct or in
any precinct in which they may have
changed the polling place. Such
changes shall be recorded in the reg-
istry of deeds in the clerk of the
circuit court's office for such county.
Upon the recording of the changes,
the county commissioners shall pub-
lish the change four times in some
newspaper in the county, x x x.

102.012 Inspectors and clerks to
conduct elections.-x x x
(7) The board of county commis-
sioners shall publish the names of
the inspectors and .clerks once in a
newspaper published in the county,
at least fifteen days before the elec-
tion day. x x x
102.121 State canvassing board to
issue certificates.-. The certifi-
cates, the one including the result of
the election for presidential electors
and representatives to congress, and
the other including the result of the
election for state officers, members
of the legislature and state senators,
shall be recorded in the secretary of
state's office in a book to be kept by
him for that purpose. He shall have
a certified copy of each certificate
published once in one or more news-
papers printed in Tallahassee.
102.61 Primary election expendi-
tures. This section duplicates in
many respects Section 99.172 and is
supplanted thereby for all practical
purposes.










' FLORIDA LAW OF THE PRESS


COUNTY OFFICERS
116.05 Examination and publica-
tion by comptroller.-The comptroller
shall have examined and verified any
of the reports of fees, commissions, or
other remuneration collected by state
and county officers, whenever in his
judgment the same may be neces-
sary, and the comptroller shall cause
the matter and things in each of said
reports to be published one time in a
newspaper published in the county in
which such report originated, in such
form as he shall direct, and the ex-
pense of such publication shall be
paid by the county commissioners of
such county.
116.21 Unclaimed bond money;
limitation.-x x x
(2) The sheriffs and clerks of the
various courts of the respective coun-
ties may, during the month of July
of each year, hereafter make and
compile a list of any or all unclaimed
bond and evidence moneys which
came into their hands as provided in
subsection (1) above. Such compi-
lation shall list in addition to the
name of the defendant, the names of
such bondsmen, if known, and shall
specify the respective amounts of
such unclaimed bonds or evidence
moneys. Such list or compilation
shall be published one time during
the month of July in a newspaper of
general circulation in the county
served by such sheriff or clerk and
said notice shall specify that unless
such bond moneys or evidence mon-
eys are claimed on or before the first
day of September after such publi-
cation that same shall be declared
forfeited to such county. Proof of
such publication shall be made by
the publisher of such newspaper and
shall be filed and recorded in the
minutes of the county commissioners
of such county, x x x
(4) The cost of publishing the no-
tices as required by subsection (2)
shall be paid by the county commis-
sioners, xx x.
124.02 Notice of change in com-
missioners' district boundaries. -
Whenever the boundaries of existing
county commissioners' districts are
changed, an accurate description of
the boundaries of such districts, as
changed, shall be published once
each week for four consecutive
weeks (four publications being suf-


ficient) in a newspaper published in
said county, x x x
125.08 Contracts by county com-
missioners in counties of more than
39,000 population for the working of
any road or street, the construction
and building of any bridge, directing
or building of any house, for the pur-
chase of goods, supplies and material,
must be advertised once each week
for at least two weeks in some news-
paper of general circulation in the
county, calling for bids upon such
work or supplies. In a county hav-
ing a population of less than 39,000
and more than 10,000, contracts
which shall exceed $500.00 shall be
advertised once each week for at
least two weeks in some newspaper
of general circulation in the county.
In counties of less than 10,000, con-
tracts to exceed $300.00 must be ad-
vertised once each week for at least
two weeks in a newspaper of general
circulation in the county.

FORM
NOTICE OF BIDS
NOTICE IS HEREBY GIVEN that the
Board of County Commissioners of.....
-. ........... County, Florida, will receive
sealed bids until 10:00 o'clock A. M. on
Monday, December 10th, 1951 for
1 new 11/ ton truck, short wheel
base, dual wheels.
Bids to be submitted on Lease Rental
Basis for 18 months and Net price in 30
days.
The Board reserves the right to reject
any or all bids. This by order of the
Board, November 13, 1951.
KATE GILLIS, Clerk Board
County Commisisoners,
Walton County, Florida.
Section 125.33 Closing, vacating,
and abandoning roads, streets, etc.-
County Commission is authorized to
close, vacate and abandon any pub-
lic or private street, road, alley, way,
or other place used for travel, or any
portion thereof within its jurisdiction
and outside the corporate limits of
any town or city, by resolution at the
request of the United States govern-
ment or any branch thereof. Notice
shall be published one time within
thirty days following adoption of
resolution in one issue of a newspaper
of general circulation published in
the county.
NOTICE BY PUBLICATION
CLOSING ROAD
TO WHOM IT MAY CONCERN:
YOU WILL TAKE NOTICE that the
Board of Bond Trustees, upon petition of









FLORIDA LAW OF THE PRESS


a qualified land owner will at 10 A. M.,
on October 2, 1951, at the County Court-
house in Palatka, Florida, consider
whether or not the County will renounce
and disclaim any right of the County
and Public in and to any land or inter-
est therein, acquired for road or highway
purposes, particularly described as fol-
lows:
Part of the old road leading from
Florahome, Putnam County, Florida,
to the Palatka-Interlachen-Hawthorne
road, beginning approximately 1117
feet West of the Southeast corner of
Section 34, Township 9 South, Range
24 East, and extending Northerly and
Easterly East of Lake Grandin, and
continuing to a point on the North
line of Section 23, Township 9 South,
Range 24 East.
Persons interested may appear and be
heard at the time and place above speci-
fied.
DATED this 8th day of August, 1951.
BOARD OF BOND TRUSTEES OF
PUTNAM COUNTY, FLORIDA.
By D. C. Hayes, Chairman.
Aug. 9-16-23-30, 1951.

125.35 County commissioners may
sell real or personal property belong-
ing to the county when determined
to 'be for the best interest of the
county only after notice of such sales
calling for bids shall be published
once a week for at least two weeks
in some newspaper of general circu-
lation published in the county.

125.37 County commissioners may
exchange real property of county not
needed for county purpose for other
real property which is needed for
county purpose when notice of such
exchange, setting forth terms and
conditions thereof, shall have been
published once a week for at least
two weeks in a newspaper of general
circulation published in the county.
125.46 Regulations for govern-
ment of county recreation areas.-
County commissioners may make
necessary regulations for the govern-
ment of parks, bathing beaches,
waterways, recreation areas and the
like owned and operated by the
county. Such regulations shall be
promulgated by posting copies thereof
at the courthouse for four consecu-
tive weeks or by publication once
each week in a newspaper published
in the county for the same period.
xxx
126.02 Ne w counties; organiza-
tion, etc.-At the first meeting of
the board of county commissioners
of a newly created county, the board
may arrange for purchase or other-
wise secure supplies' for the county


officers of such new county where
such supplies may by law be pur-
chased by the county and may pub-
lish notice for bids for furnishing
such supplies where publication of
notice is required by law. x x x

128.04 County financial reports;
publication; expense.-All county fi-
nancial reports made to the comp-
troller shall, in condensed form, be
published in at least one newspaper
published in the county from which
said reports shall be received, and
the expense of publication shall be
paid from the general fund of the
county.

129.03 Summary statement of
tentative budget to be advertised one
time in a newspaper of general cir-
culation published in the county
calling public hearing on the budget.

130.04 County Bonds. In case
the issuing of bonds shall be author-
ized by the result of such election,
the county commissioners shall cause
notice to be given by publication in
a newspaper published in the county
(or in some newspaper published in
the same judicial circuit, if there be
none published in the county) that
they will receive bids for the pur-
chase of county bonds at the clerk's
office, on or before the expiration of
thirty days from the first publication
of such notice. The notice shall spe-
cify the amount of bonds offered for
sale, the rate of interest, and the
time when principal and installments
of interest shall be due and payable.
Any and all bids shall be rejected if
the commissioners shall deem it to
the best interest for the county so to
do, and they may cause a new notice
to be given in like manner inviting
other bids for said bonds; x x x.
132.09 Refunding Bonds.- When
sold, the refunding bonds (except as
otherwise expressly provided) shall
be sold pursuant to the terms of a
notice of sale which shall be pub-
lished at least twice. The first pub-
lication to be not less than seven days
before the date fixed for the sale and
to be published in a newspaper pub-
lished in the unit, or if no newspaper
is published in the unit, then in a
newspaper published in the county,
or if no newspaper is published in the
county, then in a newSpaper pub-
lished in Tallahassee, and in the dis-









FLORIDA LAW OF THE PRESS


creation of the governing body of the
unit may be published in a financial
newspaper in the city of New York.
Such notices shall state the time and
place and when and where sealed
bids will be received, shall state the
amount of bonds, their dates, maturi-
ties, denominations and interest rate
or rates (which may be a maximfim
rate), interest payment dates, an out-
line of the terms, if any, on which
they are redeemable or become pay-
able before maturity, the amount
which must be deposited with the bid
to secure its performance if accepted,
and such other pertinent informa-
tion as the governing body of the
unit may determine. x x x

135.01 County Buildings.-When-
ever any board of county commis-
sioners shall deem it necessary to
erect or repair any courthouse, jail,
or other county building, erect an ad-
dition or additions to any courthouse,
jail or other county building, they
shall give notice for thirty days in
some newspaper published in said
county, or in some newspaper pub-
lished in the judicial circuit, if there
be none published in the county, that
at the next regular meeting of the
board after the publication of the
said notice, such question or ques-
tions, will be acted upon by said
board. x x x

COUNTY DEPOSITORIES

136.07 Depositories to make re-
ports; boards to publish monthly
statements.-Any bank acting as de-
pository shall, at the end of each
and every month, file with the board
for which it is a depository a report,
showing the balances on hand at the
beginning of the month, on sums
received and paid out during the
month, balances on hand at the end
of the month and return with said
report all checks or warrant or war-
rants properly canceled which the
said bank has paid during the month;
each board shall make and publish
a statement monthly and at such
other time as now required, or at
such other times as may be required
by the comptroller or the board of
county commisisoners and other such
reports and statements regarding the
conditions of each and every fund,
as now or as may be hereafter re-
quired by law. x x x


COUNTY SEATS
138.02 Commissioners to order
election.-The county commissioners
of any county in this state, upon re-
ceiving such petition as is specified
in 138.01 (to change the location of
the county seat) shall order an elec-
tion to be held at the several pre-
cincts of such county for the loca-
tion of such county seat, giving not
less than thirty days' notice thereof,
xx x.

COUNTY ROAD DISTRICTS
139.04 Notice of election to be
published. The board of county
commissioners of the county shall
cause a notice of said election (to
create or abolish a special road dis-
trict) to be published once a week
for four successive weeks prior there-
to in a newspaper published in the
county, and having a general circu-
lation throughout the county; x x x.
139.07 Cost of election and notice.
The cost of the publication of
the said notice of such election (to
create special road districts), and of
the election itself shall be paid by
the board of county commissioners
out of the first money collected from
the special tax districts.
SPECIAL ROAD AND BRIDGE
DISTRICTS
140.03 Notice of election. The
board of county commissioners shall
have a notice of such election (to
create special road and bridge dis-
trict) published for not less than
thirty days next preceding the date
of such election, which said notice
shall set out the territory proposed
to be included a general de-
scription of the roads and bridges
proposed to be constructed, recon-
structed, or rebuilt, together with the
estimated cost of same and the man-
ner in which payment for the con-
struction of same is to be made. x x x
140.06 Advertising for bids;-As
soon as practicable after constituting
said special road and bridge district,
the board of county commissioners
shall have proper plans and specifi-
cations for the construction, recon-
struction, or rebuilding of such roads
and bridges prepared; and after ad-
vertising the same in the manner
prescribed by law, shall award the









FLORIDA LAW OF THE PRESS


contract for such construction, re-
construction or rebuilding to the low-
est responsible bidder; x x x.
140.22 May be abolished by ma-
jority vote; notice.-Any special road
and bridge district may be abolished
by a majority vote at an election
called by the board of county com-
missioners of the county for the pur-
pose, after publication of such notice
(139.04) as is required to create
such special road and bridge dis-
trict. x x x

COUNTY LIBRARIES
150.02 Notice of meeting of com-
missioners.-The board of county
commissioners in any county, before
taking action to provide for the es-
tablishment, operation and mainten-
ance of a free library or free library
service in such county, shall cause
notice of such contemplated action
to be given by publication once each
week for two successive weeks in
some newspaper designated by such
board, published in such county, giv-
ing the date of the meeting at which
such action is proposed to be taken.
COUNTY HOSPITALS
155.04 Public county hospitals;
petitions; election; establishment.-
Whenever the board of county com-
missioners of any county in the State
of Florida shall be presented with a
petition signed by five per cent of the
resident freeholders of such county,
asking that an annual tax may. be
levied for the establishment and
maintenance of a public hospital at
a place in the county named therein,
and shall specify in said petition the
maximum amount of money proposed
to be expended in purchasing or
building said hospital, such board of
county commissioners shall submit
the question to the qualified electors
of the county who are freeholders at
the next general election to be held
in the county, or at a special election
called for that purpose, first giving
thirty days notice thereof in one or
more newspapers published in the
county x x x.
156.08 Duty of clerk.-The clerk,
on report being filed, as provided in
156.07, if it be in favor of the pro-
posed work, shall cause a notice to
be given by publication, for three
consecutive weeks, in the town-


ship or townships where the proposed
work is located, and one at the door
of the court house in said county, of
the pendency of the petition men-
tioned in 156.02 (to establish drain,
ditch or water course), and the time
set for the hearing thereof, which
notice shall state briefly the proposed
beginning, course and terminus of
said ditch, with the names of the
owners of land who will be affected
thereby, so far as can be ascertained
by them. x x x

COUNTY DRAINAGE
157.01 Public ditch, drain or ca-
nal.-. Upon filing such petition,
(to establish public ditch, drain or
canal filed by majority of land own-
ers affected by said ditch, drain or
canal) and plat with the county
commissioners, they shall lay the
same over until the next regular
meeting and give notice by publica-
tion for three weeks, in some news-
paper published in the county, of
the date when they will consider said
petition, citing all persons who may
be interested to appear and present
any reason why such petition should
be granted.

157.03 Bids for construction of
ditch, drain or canal.-Call for bids
to construct ditch, drain or canal,
advertised once a week for three
weeks in a newspaper published in
the county; in case first bids are re-
jected, commisisoners may advertise
for further bids.

157.18 When necessary, in the
opinion of c o u n t y commissioners,
drains may be enlarged or repaired
and bids for such work shall be let
after public advertisement for such
time as commissioners shall provide
by resolution.

157.21 When county commission-'
ers determine on petition of one-
fourth of property owners originally
assessed for drain, to enlarge or
deepen said drain, commissioners
shall advertise for bids for such work,
not less than two weeks in a news-
paper published in the county. In
case first bids are rejected, may ad-
vertise for further bids.

157.22 Bids to repair public drain,
advertising not less than 30 days in
newspaper published in the county.










FLORIDA LAW OF THE PRESS


157.23 Call for meeting to hear
complaints on assessments for con-
struction; repair, etc., of drains,
county commissioners shall give no-
tice in a newspaper published in the,
county, for not less than two weeks
prior to meeting date.
157.27 When drain needs repair,
fact shall be published in at least one
issue of newspaper published in the
county prior to order of county com-
missioners directing such repairs to
be made.
157.28 Awarding contracts for re-
pair. etc.-If the estimated cost of
repairing any such ditch, drain or
canal shall exceed one hundred
dollars, then the contract shall be
let to the lowest responsible bidder
after giving four weeks' previous no-
tice by advertising once each week in
some newspaper published in the
county, x x x.
157.31 Notice of re-assessment for
drainage.-In all such cases (where
there has been an attempt to estab-
lish a public ditch, drain or canal,
and the commissioners in pursuance
of such attempt have proceeded, to
establish such ditch; drain or canal,
but there has been a failure to com-
ply with the law, the lands benefited
by such ditch, etc., shall be subject to
re-assessment within 3 years from
final completion of work, in case for-
mer assessment be defective). The
board of county commisisoners, upon
the matter being brought to its at-
tention, shall cause to be published
in some newspaper published in the
county, once a week for a period of
three weeks, a notice substantially in
the following form:
NOTICE BY PUBLICATION
NOTICE OF RE-ASSESSMENT
FOR DRAINAGE
Whereas, it has been discovered that
the proceedings to establish a public
ditch, 'drain or canal, commencing at
.-..-..-- .. and running in a general
...............-- ...-. course through the follow-
ing lands, viz .............. .......... .............
were defective, and the assessment in
pursuance thereof made was invalid, or
irregular and not made in, compliance
with law, now, therefore, notice is here-
by given to all persons interested, that
the county commissioners of .......-........
county, will be in session at ..- -
o'clock in the forenoon, at the co u rt
house, on the .............. day of ......... ,
19....... for the purpose of providing for
a re-assessment of the property specially
benefited by the said public ditch, drain
or canal, and all persons interested are


hereby notified to attend on the said day,
and present objections, if any, to the said
re-assessment, and are further notified
that the board will give a hearing to all
parties interested, and act on the said
matter at the asid meeting."

157.32 Reviewing complaints and
making assessment against property
benefited.-If it shall appear to the
board, after hearing all parties inter-
ested, that the public ditch, drain or
canal has been an actual special
benefit to the property served by it,
. the board shall give notice once
a week for two weeks, by publishing
the same in some newspaper pub-
lished in the county, that at its next
regular meeting it will be in session
for the purpose of reviewing the as-
sessments and hearing complaints
against the same. x x x

EROSION PREVENTION
158.08 When time warrants,
bonds or certificates of indebtedness
of said districts are to be sold at
public sale, notice thereof shall be
given once each week for two con-
secutive weeks in a newspaper pub-
lished in the county where district
lies.
158.10 Special taxing districts for
purposes of protecting lands from
damage by erosion, storm, etc., uni-
form tax levy.-Notice of meeting of
governing board of district to assess
and levy taxes shall be published
once each week for two consecutive
weeks in the county where the dis-
trict is located.

MUNICIPALITIES
165.03 Publication of notice to as-
semble and organize.-Whenever any
community of persons, both male
and female, who are freeholders and
registered voters, shall desire to form
a municipal corporation under the
provisions of this chapter, they shall,
for a period of not less than thirty
days, cause to be published in some
newspaper of the county, or by post-
ing in three places of public resort in
the immediate vicinage, a notice re-
quiring all persons, male and female,
who are freeholders and who are
registered voters, residing in the pro-
posed corporate limits, which shall
be stated in this notice, to assemble
at a certain time and place to select
officers and organize a municipal
government.










FLORIDA LAW OF THE PRESS


165.20 Council to keep record and
publish ordinances.-T he c i t y o r
town council shall keep or cause to
be kept a regular record of their pro-
ceedings and ordinances, and they
shall promulgate, without unneces-
sary delay, all laws and ordinances
which they may enact by posting at
the door of the city or town hall, and
at one other public place within mu-
nicipality, or by publishing the same
in any newspaper in said city or
town, in either case for a period of
not less than four weeks.
165.27 When municipality surren-
ders franchise of incorporation, the
Secretary of State shall, upon noti-
fication, "give notice in two gazettes
of such surrender."
166.06 Notice of election of char-
ter board.--Notice of said election
shall be given by the clerk or secre-
tary of the council or legislative de-
partment, by publishing the same in
a newspaper published in such city
or town once each week for four con-
secutive weeks next preceding said
election, the first publication thereof
to be not less than twenty-five days
prior to such election; but if no
newspaper is published in such city
or town, then said notice shall be
published as aforesaid in a news-
paper published in the county, and
three copies of said notice shall be
posted at least twenty-five days be-
fore said election in said city or
town, one at the city or town hall,
and at two other conspicuous places
in such city or town.
FORM
NOTICE OF GENERAL ELECTION
You will please take notice that a
general election will be held in the City
of.--.-. ---- ..................- Florida, on the
------------------- day of _- -1
.t i....-.......... --- ........... d ay of...-- ....----
....................... for the purpose of electing a
.....h .. .. and ........... ..
The place of voting will be at.........--
------ ..........---...................... in the
City of-...- ............................... Florida, and
the polls will be open at ................. A. M.
and close at ..............-----... P. M ........................
...........--------.............. and ..................... .............
--...--------.....................have been appointed in-
spectors of election and -- -------
has been appointed Clerk of the election.
All persons desiring to avail themselves
of their right of franchise will register
with the City Clerk at once. The regis-
tration books will close.......-----------
days prior to the date of the election.
Dated at .... -- .. ,-- Florida,
this ..........- .........--- day of .......................,
-...-. FLORIDA
By .......... .........- ._ ....... Mayor.


166.11 Proposed charter or char-
ter amendments to be published prior
to election; notice of election.-The
clerk or secretary of the council or
legislative department of such city or
town shall have said proposed charter
or charter amendments, together
with a notice of the election, pub-
lished in a newspaper published in
such city or town once each week for
four successive weeks next preceding
said election, the first publication
thereof to be not less than twenty-
five days prior thereto; but if no
newspaper is published in such city
or town, the said charter or charter
amendments and notice of election
shall be published as aforesaid in a
newspaper published in the county,
and three copies of said charter or
charter amendments and said notice
of election shall be posted for at least
twenty-five days prior to said election
in said city or town, one at the city
or town hall and at two other con-
spicuous places in said city or town.

167.06 City council may have gar-
bage removed.-The council of any
city or town of this state, whether
said city or town be incorporated
under the general incorporation act,
or under a special charter, may enter
into an agreement with any individ-
ual, company or corporation for the
gathering and disposal of its waste,
garbage, night soil, dead animals and
other refuse of said city or town,
upon such terms and for such period
of time, not to exceed thirty years,
as may be agreed upon between said
city or town council and individual,
company or corporation; provided,
that if such agreement involve a
greater annual cost to said city or
town than it is now paying for the
same quality or amount of service,
said agreement shall be ratified by
a majority of votes of the freeholders
of said city or town, and voting at
an election to be held for that pur-
pose; and provided further, that if
such election be held, a copy of said
agreement, together with a notice of
said election shall be published in a
newspaper in said city or town for
four consecutive weeks prior to said
election.
167.10 Municipal property owners
who are required by resolution of mu-
nicipal council to fill in vacant lands
which may be lower than streets ad-
joining such lands, and who are non-










FLORIDA LAW OF THE PRESS


residents or cannot be found within
municipality, shall be notified by
publication of said resolution for two
weeks in some newspaper published
in municipality.

167.45 Thirty days' notice of in-
tention to levy an annual special
property tax for water works and fire
protection within municipality shall
be given by publication in newspaper
published in said municipality once
each week.

167.46 Collection of and sale for
taxes.-The tax collector of any city
or town shall proceed substantially
in the same manner in the collection
of taxes and sale of property for the
nonpayment of taxes as state tax col-
lectors.
(See Section 193.51 and following
on county tax collection.)

167.71 When owners of more
than one-half of described area
within municipality petition govern-
ing body for restrictions on said area
for purpose of federal housing ad-
ministration loans, governing body
shall publish said petition and pro-
posed restrictions without notice of
public hearing thereon, for four con-
secutive weeks prior to hearing date.

169.03 Issuance of bonds to be
submitted to election. Before any
bonds (for municipal purpose) are
issued, the question of issuing them,
as well as the amount to be issued,
shall be submitted at an election as
provided in 169.01, in such manner
and after suchpublic notice as may
be deemed necessary by the city
council; x x x.

169.08 Council may levy tax to
pay principal and interest.-City or
town council may levy debt service
tax, after notice of intention to con-
sider said levy published once each
week for at least four weeks in some
newspaper of general circulation
published in the city or town and
when no newspaper is published
therein, in some newspaper published
in the nearest city or town thereto in
the same county, the said notice to
state also the time and place of the
meeting at which the matter is to be
considered.


SPECIAL ASSESSMENTS
170.05 Publication of resolution
for local improvements.-Upon the
adoption of the resolution to declare
special assessments, the municipality
shall cause said resolution to be pub-
lished one time in a newspaper of
general circulation published in said
municipality, and if there be no
newspaper published in said munici-
pality, the governing authority of
said municipality shall cause said
resolution to be published once a
week for a period of two weeks in a
newspaper of g e n e r a circulation
published in said municipality, the
governing authority of said munici-
pality shall cause said resolution to
be published once a week for a period
of two weeks in a newspaper of gen-
eral circulation published in the
county in which said municipality is
located.
170.07 Publication of special as-
sessment roll.-Upon the completion
of said assessment roll, the governing
authority of the municipality shall
cause a copy thereof to be published
two times successively, once each
week, in a newspaper of general cir-
culation, published in said munici-
pality, and if there be no newspaper
published in said municipality, the
governing authority of said munici-
pality shall cause said copy of said
special assessment roll to be pub-
lished once a week, for a period of
three weeks, in a newspaper of gen-
eral circulation, published in the
county in which said municipality is
located; and in the publication of
said special assessment roll the gov-
erning authority of the municipality
shall cause to be attached to the
copy of the assessment roll published
a notice directed to all property
owners interested in said assessments,
of the time and place where com-
plaints will be heard with reference
to said assessments, and when said
assessment roll will be finally ap-
proved and confirmed by the govern-
ing authority of the municipality
sitting as an equalizing board.
170.13 Special assessment bonds
advertised for sale.-All bonds issued
under the provisions of this chapter
shall be advertised for sale on sealed
bids, which advertisement shall be
published once a week for three
weeks in a newspaper of general cir-









FLORIDA LAW OF THE PRESS


culation published in the. municipal-
ity offering said bonds for sale, and
if there be no newspaper published
in said municipality, the governing
authority of said municipality shall
cause the advertisement for the sale
of said bonds to be published in a
newspaper of genera circulation
published in the county in which said
municipality is located. Notice of said
sale may at the option of the govern-
ing authority of a municipality be
published once a week for two weeks
in a financial paper published in the
City of New York, Chicago, or To-
ledo, or any newspaper of general
circulation published in a city in the
State of Florida having a population
of not less than twenty thousand in-
habitants according to the last fed-
eral census. x x x

170.18 Notice required where no
newspaper is published in county in
w h i c h municipality is situated.-
Where by any of the provisions of
this chapter any notice is required to
be given by publication in a news-
paper, if there be no newspaper pub-
lished in the county in which the
municipality is situated, then such
notice shall be posted for the pre-
scribed period of time in at least
five public places in the municipal-
ity, one of which shall be the city
or town hall, or the place of meeting
of the governing authority, if there
be no city or town hall.

TERRITORIAL LIMITS

171.01 Contracting of territorial
limits.-If any incorporated city or
town shall desire to contract its ter-
ritorial limits by excluding from its
corporate limits and jurisdiction any
portion of its incorporated territory,
it shall be lawful so to do in the
following manner: The council of
such city or town, by ordinance, shall
declare its desire to exclude such
district, describing the same by metes
and bounds, and shall call an elec-
tion of the registered voters of the
remaining district of the said city or
town to approve or disapprove of the
said ordinance. Each election shall be
held separately in the respective dis-
tricts, but upon the same day; and
thirty days' public notice shall be
given of the time, purpose and place
of said election, by proclamation is-
sued by the mayor, which proclama-


tion shall contain a copy of said
ordinance. x x x

171.04 Extension of territorial lim-
its.-If any incorporated city or town
shall desire to change its territorial
limits by the annexation of any un-
incorporated tract of land lying con-
tiguous thereto and within the same
county, it is lawful so to do in the
following manner: If such tract con-
tains less than ten registered voters,
the council of said city or town shall,
by ordinance duly passed and ap-
proved as provided by law, declare
its intention to annex such tract of
land to said city or town at the ex-
piration of thirty days from the ap-
proval of said ordinance, which said
ordinance shall thereupon be pub-
lished once a week for four consecu-
tive weeks in some newspaper pub-
lished in such city or town; x x x.
CITY-DISTRICT MERGER
171.12 Consolidation of taxing
district.-In order to effect a con-
solidation or merger of any such dis-
trict with and into any city or town,
the council, commission or governing
body of such district and the coun-
cil, commission or governing body of
such town or city shall adopt a joint
resolution resolving that said district
shall be consolidated with and be
merged into such city or town and
that it shall exist only under the
name of and be one and the same
with such city or town. And such
resolution shall provide for and call
an election to determine whether said
district shall be consolidated with
and merged into such city or town.
. Said joint resolution shall be
published once a week for at least
two consecutive weeks prior to such
election in a newspaper published
within the boundaries of such dis-
trict and of such city or town, and
the publication of such joint resolu-
tion shall be deemed sufficient notice
of said election. x x x

TAX FORECLOSURE'

173.04 Foreclosure of municipal
taxes and liens.-x x x
In municipal tax foreclosure suits,
jurisdiction of any lands upon which
taxes, tax certificates and special as-
sessments are delinquent and of all
parties interested therein or having
any lien thereon shall be obtained by










FLORIDA LAW OF THE PRESS


publication of a notice to be issued
as of course by the clerk of the cir-
cuit court in which such bill is filed
on the request of complaint, once
each week for not less than four con-
secutive weeks, directed to all persons
and corporations interested in or
having any lien or claim upon any
of the lands described in said notice
and said bill. Such notice shall de-
scribe the lands involved and the
respective principal amounts sought
to be recovered in such suit for taxes,
tax certificates and special assess-
ments on such respective parcels of
land, and requiring all such parties to
appear and defend said suit on or be-
fore a rule day specified in said no-
tice, which shall be not less than four
weeks after the date of the first pub-
lication of such notice. Said notice
may be in substantially the follow-
ing form, with blanks appropriately
filled in:

NOTICE BY PUBLICATION

IN THE CIRCUIT COURT FOR ... -
..--............. ......COUNTY, FLORIDA.
IN CHANCERY.
Name City or Town, )
Complainant,
vs.
Certain lands upon which ......
--........... (here insert the word
"taxes," or the words "special )
assessments" or both, as the I
case may be) are delinquent,
Defendant.
NOTICE
To all persons and corporations interested
in or having any lien or claim upon
any of the lands described herein:
You are hereby notified that (name
city or town) has filed its bill of com-
plaint in the above named court to fore-
close delinquent .. --..-...... ... ---.....
(here insert the words "tax liens, tax
certificates or special assessments," as
the case may be) with interest and pen-
alties, upon the parcels of land set forth
in the following schedule, the aggregate
amount of such ............-- ............. ....
(here insert the words "tax liens, tax
certificates or special assessments," as
the case may be) interest and penalties,
against said respective parcels of land, as
set forth in said bill of complaint, being
set opposite such parcels in the follow-
ing schedule, to-wit:
DESCRIPTION OF LANDS
Amount of ............... -- --... (here
insert the word "taxes," or the words
"special assessments" or both, as the case
may be).
In addition to the amounts set opposite
each parcel of land in the foregoing
schedule, interest and penalties, as pro-
vided by law, on such delinquent taxes
and special assessments, together with a
proportionate part of the costs and ex-
penses of this suit, are sought to be en-
forced and foreclosed in this suit.


You are hereby notified to appear and
make your defenses to said bill of com-
plaint on or before the .......--- ..... day
of --................ ..-- ......- ... and if you fail
to do so on or before said date the bill
will be taken as confessed by you and
you will be barred from thereafter con-
testing said suit, and said respective par-
cels of land will be sold by decree of
said court for nonpayment of said taxes
and assessment liens and interest and
penalties thereon and the costs of this
suit.
IN WITNESS WHEREOF, I have here-
unto set my hand and affixed the official
seal of said Court, this.........-. .... day of

Clerk of said Court
By .. -.. ........ ....... -------
Deputy Clerk
Proof of publication of said notice,
as herein required, shall be by affi-
davit of the publisher or some agent
or employee thereof filed in said
cause.

173.09 Sale of parcels of land
upon which judgment has been en-
tered for delinquent taxes, tax cer-
tificates and special assessments,
shall be held after notice of such
sale once each week for two consecu-
tive weeks in a newspaper published
in the city or town of the complain-
ant, or if no such newspaper, in a
newspaper published in the county
in which the suit is pending.

POLICE AND FIREMEN

174.20 Notice of special election
on civil service for municipal police
and fireman shall be published once
each week for four consecutive weeks
preceding the election in a newspaper
published in a municipality or in the
county.

MUNICIPAL ZONING

176.05 Zoning districts.-The gov-
erning body of the said municipality
shall provide for the manner in
which such regulations and restric-
tions and the boundaries of zoning
districts shall be determined, estab-
lished, and enforced, and from time
to time amended, supplemented, or
changed. However, no such regula-
tion, restriction, or boundary shall
become effective until after a public
hearing in relation thereto, at which
parties in interest and citizens shall
have an opportunity to be heard. At
least fifteen days' notice of the time
and place of such hearing shall be
published in a newspaper of general
circulation in said municipality x x x.









FLORIDA LAW OF THE PRESS


TAX ADJUSTMENT BOARD
178.02 The board shall upon the
adoption of a proper resolution ad-
vertise either in a newspaper or by
posting in some public place, that a
municipal tax adjustment board has
been created and the times and
places that meetings will be held for
the purpose of considering applica-
tions for the adjustment of taxes and
assessments.

MUNICIPAL PUBLIC WORKS
180.09 Issuance of mortgage reve-
nue certificate.-Upon the adoption
of resolution or ordinance by the city
council, or other legislative body, by
whatever name known, authorizing
the issuance of mortgage revenue
certificates or debentures, a notice
thereof shall be published once a
week for two consecutive weeks in a
newspaper of general circulation in
the county in which the municipality
is located ... ; provided, that if any
of the mortgage revenue certificates
or debentures are to be purchased by
the United States of America, or any
instrumentality or subdivision there-
of, it shall not be necessary to adver-
tise or offer the same for sale by
competitive bidding.

180.24 Construction contracts. -
Bids for contracts for construction
of municipal public works which ex-
ceed $1000 shall be advertised by
publication of notice in a newspaper
of general circulation for two con-
secutive weeks in county in which
municipality is located or by posting
three notices in conspicuous places in
municipality.
180.25 Contents of notice of is-
suance of certificates.-The form of
the notice for advertising the pro-
posed issuance of mortgage revenue
certificates or debentures shall con-
tain the amount of the certificates to
be sold and the rate of interest there-
on; a description in general terms of
the utility to be constructed; the
time, place and date where bids for
the sale of the same are to be re-
ceived; and such other pertinent in-
formation as may be deemed neces-
sary.
181.05 Notice of municipal reve-
nue bond election.-When necessary
under constitution to approve is-


suance of bonds, an election shall be
held anytime after notice thereof
shall have been published no more
than once a week for two consecutive
weeks.
MUNICIPAL PARKING
183.13 Notice of ordinance auth-
orizing parking facilities.-Notwith-
standing the provisions of any other
law, either general, special or local,
or the provisions of any charter or
charter amendment theretofore
adopted by such municipality, or the
provisions of any ordinance, resolu-
tion, by-law, rule or regulation of
such municipality, it shall not be
necessary to publish any ordinance
adopted under the provisions of this
chapter either before or after its
final passage. The council shall,
however, cause to be published once
in a newspaper published in the mu-
nicipality a notice reciting that such
ordinance, setting forth its title, has
been adopted by the council and that
any action or proceeding to contest
the validity of such ordinance or any
of its provisions must be commenced
within thirty days after the publica-
tion of such notice, x x x
MUNICIPAL SEWERS
184.05 Sanitary sewers; special
assessment.-Notice for bids on con-
struction or reconstruction of sani-
tary sewers and sewer improvements
shall be advertised once in a news-
paper published in a municipality,
and if the estimated cost exceeds
$10,000, in a newspaper of general
circulation in the state.
Objections to assessment roll: no-
tice published once in a newspaper
published in the municipality.
Sale of assessment liens: notice of
sale published one time in a news-
paper in the municipality.

SEWER SERVICE CHARGE
184.09 After the adoption by the
council of a resolution setting forth
the preliminary schedule or schedules
fixing and classifying or changing
rates, fees and charges for sewage
disposal, notice of such public hear-
ing, setting forth the proposed sched-
ule or schedule of rates, fees and
charges, shall be given by one publi-
cation in a newspaper published in
the municipality.










FLORIDA LAW OF THE PRESS


SEWER FINANCING
184.20 Publication of notice.--If
no newspaper is published in a mu-
nicipality acting under the terms and
provisions of this chapter, the re-
quirements herein contained for the
publication of any and all notice or
notices shall be complied with if said
publication is made for the required
time or times in a newspaper pub-
lished in the county in which said
municipality is located, x x x,

GENERAL TAXATION
192.30 Notice of application to va-
cate plat.-
(1) Persons making applications
for vacation of plats either in whole
or in part shall give notice of their
intention to apply to the board of
county commissioners to vacate said
plat either in whole or in part by
legal notice published in the news-
paper nearest the tract or parcel of
land in said county in not less than
two weekly issues of said paper and
must attach to the petition for vaca-
tion the proof of such publication,
x xx.

MURPHY ACT SALE
192.38 Trustees of the Internal
Improvement Fund may sell lands
vesting in state under the Murphy
Act after giving such notice as may
be fixed by said trustees.

NOTICE BY PUBLICATION
SALE OF MURPHY ACT LANDS
.............-..... -COUNTY, FLORIDA
NOTICE I9 HEREBY GIVEN, That
pursuant to Section 9 of Chapter 18296,
LAWS OF FLORIDA, ACTS OF 1937,
known as the MURPHY ACT, the fol-
lowing described land in.--...-
County, Florida, will be offered for sale
at Public Outcry for the highest and best
cash bid, subject to the right of the
TRUSTEES OF THE INTERNAL IM-
PROVEMENT FUND, to reject any and
all bids, at the Court House, beginning at
.............. o'clock .....--....... on the ..-.. ---.......
day of ...-....................-- ..... Easement for
road right of way 200 feet wide will be
reserved from any parcel through which
there is an existing State Road.
DESCRIPTION
(Here insert legal descriptions of lands
involved).
TRUSTEES OF THE INTERNAL
IMPROVEMENT FUND OF THE
STATE OF FLORIDA.
(Circuit Court Seal)
By....................--- -----------......
Agent, Trustees I. I. Fund,
-.-.----- ..-..-.County


192.381 No publication of a no-
tice of sale or sale at auction to the
highest and best bidder of lands ac-
quired by state through delinquent
ad valorem tax liens and the Murphy
Act shall be necessary.

COUNTY TAXES
193.03 Increase in county budget.
-When estimated c o u n t y budget
shows more than five per cent in-
crease, public hearing shall be held
and notice thereof shall be published
for two successive weeks in a news-
paper of general circulation pub-
lished in the county in which hearing
is to be held.

193.11 Assessment of real and
personal property; assessors to visit
precincts.-
.The county assessor of taxes
or his assistants may make at least
one visit to each precinct for the
purpose of receiving tax returns after
having given ten days' notice by pub-
lication in a newspaper, if there be a
newspaper published in the county,
of such visit, between the first day
of January and the first day of
March. x x x

193.25 Tax equalization board
meetings.-Due notice of meeting of
county commissioners and tax asses-
sor for purpose of perfecting, review-
ing and equalizing tax assessments,
shall be given by publication in a
newspaper published in the county.
Should the board increase the value
of any real or personal property
taxed by the tax assessor, due notice
thereof shall be given by publication
in a newspaper published in such
county.
193.36 Clerk to make and publish
statement of taxes charged to col-
lector; other statements.-As soon as
the assessment roll shall be delivered
to the tax collector, the clerk of the
circuit court shall make out and
publish a statement showing the
amount of taxes charged to the tax
collector to be collected for the cur-
rent year and the apportionment of
the same in separate columns to the
several funds for which such taxes
have been levied; and at each
monthly meeting of the county com-
missioners thereafter, and until the
tax books are closed, he shall publish
a statement giving each fund credit









FLORIDA LAW OF THE PRESS


HOW TO CHARGE FOR PUBLISHING DELINQUENT TAX LIST

The legal rate for publishing delinquent county and district tax adver-
tising now is 25 cents per line for FOUR insertions, or at the rate of 61/4
cents per line per insertion. This rate was established by the 1953 Legis-
lature by amendment to Section 193.51 of the Florida Statutes.
The rate is 25 cents per line SINGLE COLUMN. The charge is allowed
regardless of whether the line contains only one word or figure. When the
delinquent tax list is two columns wide (and it usually is) this will double
the rate of 25 cents per line for single column, but this law does NOT allow
an extra charge for the column rule valley as allowed by law in other legal
advertising.
The publishing newspaper is not allowed to charge for the head notice
in the delinquent tax list. (See Section 193.51.)
The tax list is to be set in agate,as required for all other legal notices.
The Clerk of the Circuit Court is charged with the duty of auditing the
Publisher's charges. Payment is made out of County Funds or District
Funds, as the case may be, and the publishing cost is added to the bill of
the Delinquent Taxpayer when he redeems the delinquent certificate.
Duties of the Publisher in the delinquent tax list publication are set out
in Sections 193.51, 193.52 and 193,53, Florida Statutes.
Form for Head Notice of delinquent tax list is contained in Section 193.52.


with the amount collected thereon as
shown by the reports of the tax col-
lector in his office, and when the tax
books are closed he shall publish a
like statement showing the amounts
specifically allowed the tax collector
on account of errors and insolvencies
and the amount of each fund un-
collected. The aforesaid statement
shall be posted by the clerk of the
circuit court at the courthouse door,
and published in a newspaper, when
one is published in the county, and
the costs of publishing the same shall
be paid by the county commissioners.
193.41 Taxes are due on Novem-
ber first or as soon thereafter as
assessment roll is in hands of tax
collector, of which he shall give no-
tice by publication.
193.47 Sale of personal property,
etc.-When personal property shall
be levied upon for any taxes, the tax
collector or his deputy shall give
public notice of the time and place
of sale and of the property to be
sold at least fifteen days previous to
the sale by advertisement, to be
posted up in at least three public
places in the county, one of which
shall be at the courthouse door, one
in the election district in which the
owner resides, and one at the voting


place of the district where the prop-
erty is located and where such sale
shall be made at public auction x x x.

193.51 Date taxes delinquent; ad-
vertising and selling lands for unpaid
taxes; redemption before sale.-Prior
to sale of lands for unpaid taxes, the
tax collector shall publish a delin-
quent tax list once each week for
four consecutive weeks in some news-
paper published in the county, said
newspaper to be selected by the board
of county commissioners at their
first regular meeting in February of
each year, and the newspaper so se-
lected shall have been continuously
published in the county for a period
of not less than one year prior to its
selection; provided that should there
be no such newspaper, a newspaper
published for a less period of time
may be selected, and if there be no
such newspaper published in the
county, then by posting in three
public places in the county, one of
which shall be at the court house,
and the newspaper charges for ad-
vertising shall be twenty-five cents
per line for the four insertions, per
single column, and, if there be no
newspaper published in the county
the tax collector shall receive the
same for posting at three public









FLORIDA LAW OF THE PRESS


places, but in neither case shall there
be any charge for the head notice.
Charges at the rates specified here-
in shall be computed and paid for
on the basis of 6-point type on 6-
point body, and shall be charged
without discount, rebate, commission
or refund.
The clerk of the circuit court for
the county shall audit said pub-
lisher's charges or the tax collector's
charges for posting, as the case may
be, and the board of county commis-
sioners shall pay the same out of the
county funds, if the taxes are county
taxes but if the taxes are special
district taxes then such costs shall
be paid from such district's funds.
xxx

193.52 Copy of advertisement to
be filed with clerk; collector's fees;
time of sale; form of notice.-A copy
of the newspaper containing the ad-
vertisement shall be filed in the of-
fice of the clerk of the circuit court
within ten days after said sale .

NOTICE
Notice is hereby given that the follow-
ing described lands will be sold at public
auction on the -... .......day of .. ... ---......
at......... ------.. ,........................ the county
of .............-.........-- .....-... State of Florida,
to pay the amount due for taxes herein
set opposite to the same, together with
all costs of such sale and advertising.
Description of Land

Sec. Twp. Rge. Acr.
Owner Amount of Taxes and Costs
To be signed:
Tax Collector.....................--
County.

193.53 Publisher to furnish copy
of advertisement to collector, clerk
and comptroller; proof of publica-
tion. The publisher, proprietor or
foreman of any newspaper publish-
ing such notice shall forward a copy
of each number of his paper contain-
ing such notice to the tax collector
and the clerk of the circuit court and
the comptroller by mail, and when
the publication of the tax sale notice
is completed, as provided by law, the
publisher shall make affidavit thereto
in the form prescribed by the comp-
troller and annexed to the tax col-
lector's report of the tax sale or list
of lands sold as provided by 193.58.


193.55 Erroneous tax sales. -
Should any tax collector sell any
lands upon which the taxes have
been paid, he shall be liable to the
owners of said lands for twice the
amount of the tax, and in addition
pay all legitimate expenses the owner
may be put to in clearing his titles,
including a reasonable attorney's fee
to be fixed by the court, and refund
to the state all amounts for which
he may be credited on account of
such illegal sale, including cost of
advertising. The tax collector shall
be responsible to the publisher for
costs of advertising lands on which
the taxes have been paid, and the
tax assessor shall be responsible to
the publisher for costs of advertising
lands doubly assessed.

NOTICE FOR TAX DEED
194.16 Upon receipt of an appli-
cation filed by a tax certificate
holder, other than a county, for a
tax deed on real estate sold for non-
payment of taxes and after the
proper fees have been paid, the clerk
shall cause a notice in substantially
the following form to be published
once each week for four successive
weeks (four publications each one
week apart) in some newspaper of
general circulation published in the
county where the lands are located.
As many tax certificates may be in-
cluded in the notice as the applicant
desires:

FORM OF NOTICE
NOTICE OF APPLICATION FOR
TAX DEED
Notice is hereby given that ....-.......--
......--.............-.., the holder of the following
certificates has filed said certificates for
a tax deed to be issued thereon. The
certificate numbers and years of issu-
ance, the description of the property, and
the names in which it was assessed are
as follows:
Certificate No............-- -
Year of Issuance -...........- -
Description of Property ....... ...............
Name in which assessed .......................-----
(If more than one certificate, follow
above order for each additional certifi-
cate.)
All of said property being in the
County of ... ...................... ........- ,State of
Florida.
Unless such certificate or certificates
shall be redeemed according to law the
property described in such certificate or
certificates will be sold to the highest
bidder at the court house door on the
first Monday in month of ...-........... ....,
19 ......., which is the ................... day
of.............................-----.. .. 19.......









FLORIDA LAW OF THE PRESS


Dated this.
19....-.......


-day of................--......


Clerk of Circuit Court of
-............ ..-. County, Florida.

194.17 Proof of publication of no-
tice for tax deed holder, other than
county.-Proof of the publication ...
shall be filed by the clerk of the cir-
cuit court in his office on or before
the date fixed for making of the sale.
x x x.

194.23 Di s p os a of landowner's
funds.-The clerk of the circuit
court, if on the first day of January
of each year he shall have on hand
any funds belonging to owners of
land that has been sold for taxes and
which f u n d s have remained un-
claimed for longer than three months,
shall publish, in one issue a notice
in some newspaper in the county, to
the effect that he has on hand such
funds and that unless the owner shall
apply for same on or before the first
day of the month succeeding the
month in which the notice is pub-
lished, such funds will be paid into
the general funds of the county, x x x
194.47 Jurisdiction of all lands
upon which a certificate has been
issued at the tax collector's sale of
delinquent taxes on all such lands
as are bid off by him for the county
and which taxes have not been re-
deemed or purchased, and of all
parties interested therein or having
any len thereon at the date of filing
of suit to foreclose against tax de-
linquent lands shall be obtained by
publication of notice, to be issued as
of course on request of the plaintiff
by the clerk of circuit court in which
such bill is filed, directed in general
terms to all persons, firms or corpo-
rations having any interest in or
lien upon any of the lands described
in said notice, and said bill of com-
plaint. It shall not be necessary in
said notice to set forth the names
of such parties. Said notice shall
describe the lands involved, and re-
quire all such parties to appear and
show cause before said circuit court
on or before a day certain specified
in said notice, which day shall be
not less than fifteen days, nor more
than thirty days, after the date of
publication of such notice. Such no-
tice shall be published one time in a
newspaper of g e n e r a 1 circulation
published in the county in which the


lands are situated, such publication
to be made not later than thirty days
after the filing of said bill of com-
plaint. The newspaper charges for
publishing such notice shall be at
the rate and in the size prescribed
by general law regulating legal ad-
vertisements.

SALE OF COUNTY TAX LAND
194.55 x x x.
(2) The board of county commis-
sioners shall sell and convey such
lands at public sale in the following
maner: Any person desiring to pur-
chase any parcel of said land shall
deposit with the clerk of the circuit
court the amount of his initial bid,
which shall be not less than the price
as determined by the board of county
commissioners and recorded in the
book marked "county lands acquired
for delinquent taxes," plus the esti-
mated cost of advertising the same
for public sale, and all fees of the
clerk incident thereto provided by
law, and upon receipt of such deposit,
the clerk of the circuit court shall
immediately publish a notice in a
newspaper of general circulation pub-
lished in the county where the land
is situated, which notice shall be
published once each week for two
successive weeks, two publications
being sufficient, which shall notify all
concerned that such land will be of-
fered at public sale to the highest
bidder for cash at the court house door
in the county where the land is situ-
ated, on the day to be specified there-
in, which day shall be not less than
fifteen days nor more than thirty
days from the date of the first pub-
lication of the notice. Said sale may
be held on any day of the week ex-
cept Sunday, and at any time speci-
fied in the notice between the hours
of 11 a.m. and 2 p.m. of said day of
sale. If such lands are within the
corporate limits of a municipality
other than the county seat, such sale
must be advertised to be held and
held at the city or town hall door of
such municipality if the board of
county commissioners by resolution
specifically so designate such place
of sale. x x x

194.60 Lands belonging to a
county under tax laws for two years
may be sold to the highest bidder
after the clerk of the circuit court
has advertised such lands for sale,









FLORIDA LAW OF THE PRESS


once each week for four consecutive
weeks in a newspaper published in a
municipality where the lands lie in
such municipality, or for four con-
secutive weeks in a newspaper of gen-
eral circulation of the territory in
which the land to be sold is situated
where it is outside a municipality.
196.18 Murphy Act lands.-In all
such suits, if it shall affirmatively ap-
pear to the court that the title to the
property involved therein is vested in
the State of Florida, and that the
plaintiff has delinquent tax or assess-
ment liens thereon, the court shall
order and decree that said property
be sold at public sale to the highest
and best bidder for cash, on a legal
sales day within the legal hours of
sale, at the court house door of the
county, or the city hall door of any
city, village or town, in which said
property is situated, by a special mas-
ter named by the court, after notice
of such sale, designating the place of
said sale, shall have been published
once at least seven days prior thereto
in a newspaper qualified to publish
legal advertisements in said county.
xxx

INTANGIBLE TAXES
199.18 When tax deemed delin-
quent; tax executions.-
(1) Taxes on intangible personal
property shall be deemed delinquent
on the first day of April of the year
following that for which the assess-
ment was made. On April fifteenth
the tax collector shall advertise one
time, in a newspaper selected by the
board of county commissioners at
their regular meeting in February of
each year, said newspaper to be
qualified to publish legal advertising
as provided by chapter 49, Florida
Statutes, a notice setting forth the
names of delinquent intangible prop-
erty taxpayers and the amount of
tax due by each and advising them
that such taxes are now drawing in-
terest at the rate of one per cent per
month and that unless such taxes are
paid before the first day of May tax
executions will issue thereon; which
advertisement shall be paid for by
the county at the rate provided by
law for legal advertisements and the
proportionate cost of such advertise-
ment shall be added to the delinquent
taxes and paid by the taxpayer as
and when the taxes are paid. The


form of the notice and the form of
the tax execution provided for herein
shall be prescribed by the comptrol-
ler.
xxx
(3) When it shall become neces-
sary for the tax collector to advertise
property for sale under execution or
executions, he shall include in one
notice of sale the names of the own-
ers, general descriptions of all prop-
erties to be sold on said sales day,
the amount of the execution against
each owner, and the date, place and
time of sale. x x x

TANGIBLE PERSONAL PROPERTY
TAXES
200.19 Due notice of the original
meeting of the county commissioners
for the purpose of perfecting, review-
ing and equalizing the assessments
and valuation of tangible personal
property as shown by the tax roll
shall be given by publication once
each week for two successive weeks
in a newspaper published in the
county, said newspaper to be selected
by the board of county commissioners
at its regular meeting in February
of each year, and the newspaper so
selected shall have been continuously
published in the county for a period
of one year prior to its selection, or,
if there be no such newspaper, a
newspaper published for a less period
of time may be selected. The adver-
tisement shall be paid for by the
county at the rate provided by law
for official or legal advertisements.
200.27 When tax deemed delin-
quent; advertisements; warrant s;,
fees of deputy tax collectors.-Taxes
on tangible personal property shall
be deemed delinquent on the first day
of April of the year following that
for which the assessment was made.
On April fifteenth, the tax collector
shall advertise one time in some
newspaper published in the county,
said newspaper to be selected by the
board of county commissioners at
their regular meeting of February of
each year, and the newspaper so
selected shall have been continuously
published in the county for a period
of not less than one year prior to
its selection, or if there be no such
newspaper, a newspaper published
for a less period of time may be
selected, a notice setting forth the
names of delinquent tangible per-









FLORIDA LAW OF THE PRESS


sonal property taxpayers and the
amount of tax due by each and ad-
vising them that such delinquent
tangible personal property taxes, are
now drawing interest at the rate of
one per cent per month and that
unless such delinquent tangible per-
sonal property taxes are paid before
the first day of May warrants will
issue thereon directing levy upon and
seizure of the tangible personal prop-
erty of the taxpayer for unpaid taxes;
which advertisement shall be paid
for by the county at the rate provided
by law for official or legal advertise-
ment and the proportionate cost of
such advertisement shall be added to
the delinquent taxes as and when
they are collected. x x x
200.28 Sale of tangible personal
property after seizure.-When tan-
gible personal property shall be levied
upon for any delinquent taxes as
provided for in the preceding section,
the tax collector or his deputy shall
give public notice of the time and
place of sale and of the property to
be sold at least fifteen days previous
to the sale by advertisement, to be
posted in at least three public places
in the county, one of which shall be
at the court house door, x x x.
TAX ON OIL PRODUCTION
211.16 Issuance of tax deed.-
(1) No tax deed as herein provided
for shall issue until thirty days after
the first publication or posting of
notice of application for tax deed,
such notice to give-the name of the
owner, if known, or can be ascer-
tained from the records hereinafter
prescribed to be examined by the
clerk, and a description of the land,
such notice also to state that a tax
deed will issue after the expiration
of thirty days. The clerk of the cir-
cuit court or the tax official of any
other political subdivision to whom
application shall be made for such
tax deed shall advertise notice of
such application by publishing the"
same once each week for two succes-
sive weeks in some newspaper of
general circulation wherein the land
lies. x x x

SALES TAX
212.16(4) (5) A vehicle seized for
importing articles into Florida with-
out paying the sales or use tax, shall


be sold by the Comptroller to the
highest bidder within thirty days of
proper notice in a newspaper pub-
lished in the county where the prop-
erty is to be sold.
SCHOOL DISTRICTS
230.07 Change in boundaries of
county board election districts.-The
county board of any county may
make any changes in the boundaries
of any county board election district
of the county which they deem neces-
sary to meet the requirements pre-
scribed in this chapter at any meet-
ing of the county board held in Jan-
uary of the year of any general elec-
tion. Such changes in boundaries
shall be shown by resolutions spread
upon the minutes of the county
board, shall be recorded in the office
of the clerk of the circuit court, and
shall be published as required for
fixing such county board election
districts in the first instance.
(230.06, prior to 1947 amendment
provided for publication at least once
in a newspaper published in the
county).

SCHOOL TAX AREAS
230.23 Powers and duties of coun-
ty school board.-When petition is
filed requesting creation of elemen-
tary or high school tax area for pur-
pose of building, repairing or adding
to school buildings and equipment,
the county school board shall call a
hearing and advertise in a local
newspaper of general circulation at
least once a notice of the proposed
hearing, the subject matter to be
discussed and legal description of
proposed territory of tax area.
SCHOOL DISTRICT ELECTIONS
230.39 Procedure for conducting
biennial school district elections.-
The manner and method for con-
ducting the biennial school district
elections shall be as prescribed in
chapter 236; provided, that the
county board shall publish once each
week for four successive weeks, be-
ginning not more than forty-five days
nor less than thirty days prior to

the date set for the election, in some
newspaper .published in the county
and with general circulation through-
out the county, a notice of the elec-
tion; x x x.









FLORIDA LAW OF THE PRESS


SALES TAX RULE

Newspapers and Magazines
Rule 8 of Comptroller C. M. Gay under the Sales and Use Tax of Florida
in its application to Florida newspapers is as follows:
Receipts from the sale of newspapers are not subject to the tax.
In order to constitute a newspaper, the publication must contain at least
the following elements:
(a) It must be published at stated short intervals (usually daily
or weekly).
(b) It must not when its successive issues are put together con-
stitute a book.
(c) It must be intended for circulation among the general public.
(d) It must contain matters of general interest and reports of
current events.
Notwithstanding the fact that the publication may be devoted primarily
to matters of specialized interest, such as legal, mercantile, political, re-
ligious or sporting matters, if in addition to the special interest it serves,
the alleged newspaper contains general news of the day, information of
current events, and news of importance and of current interest to the
general public, it is entitled to be classed as a newspaper.
Press clipping services are exempt from tax.
Sales of mailing lists are taxable.


SCHOOL TEXTBOOKS
233.14 Bids or proposals; adver-
tisement and its contents.-Begin-
ning on or before January tenth of
any year in which purchases are to
be made, the state board shall adver-
tise in a newspaper published in Tal-
lahassee, Florida, once each week for
a period of four weeks preceding the
date on which the bids shall be re-
ceived, that a certain designated time
not later than February tenth sealed
bids or proposals to be deposited with
the secretary of state will be received
from publishers for furnishing the
book or books or other instructional
materials proposed to be adopted as
listed in the advertisement for a
period of three years, dating from
July first following the adoption.
The advertisement shall state that
each bid shall be accompanied by a
specimen copy of each book included
in the bid, which specimen copies
shall be identical with those fur-
nished to the members of the text-
book rating committee as prescribed
hereafter in this section and with
those furnished to the state and
county superintendents as provided
in 233.18. The advertisement shall


state that a contract covering the
adoption of a book or boks shall be
for a definite term of three years and
shall continue in effect thereafter
until written notice is given before
January tenth of any year by either
party of decision to terminate the
contract effective at the end of that
scholastic year. The advertisement
shall fix the time within which the
required contract must be executed
and shall state that the state text-
book purchasing board reserves the
right to reject any or all bids or pro-
posals. The advertisement shall also
give information as to how specifica-
tions which have been adopted by the
state board in regard to paper, bind-
ing, cover boards, and mechanical
make-up can be secured, x x x

SCHOOL BUILDING CONTRACTS
235.31 Advertising and awarding
contracts for building or improve-
ments.-As soon as practicable after
any bond issue has been voted upon
and authorized or funds have been
made available for the construction,
repair, alteration, or otherwise for
the improvement of any school build-
ing; and after plans for the work









FLORIDA LAW OF THE PRESS


have been approved by the state
superintendent, the county board,
after advertising the same in the
manner prescribed by law, shall
award the contract for such building
or improvements to the lowest re-
sponsible bidder therefore; provided,
that the county board may within its
discretion reject any and all bids re-
ceived if it deems the same expedient,
and may re-advertise calling for new
bids. For a project costing ten thou-
sand dollars or less, the county board
may arrange for the building to be
erected on a day labor basis.

SCHOOL DISTRICT ELECTIONS

236.32 Procedure for holding and
conducting school district elections.
-The procedure for holding and
conducting school district elections
shall be as prescribed respectively in
subsections (1), (2), (3), and (4)
below:
(1) PROCEDURE FOR ORGANIZ-
ING SCHOOL DISTRICTS. The
manner and method of organizing
school districts shall be as follows:
XXX
(d) Publication of notice. The
petition provided above and a notice
giving the time and place of the
election shall be published once a
week for four successive weeks in a
newspaper published in the county
and of general circulation through-
out the county, x x x
(3) PROCEDURE FOR HOLDING
AND CONDUCTING A SPECIAL
ELECTION W H E N CONSOLIDA-
TION OF DISTRICTS IS PRO-
POSED.-Any two or more contigu-
ous school districts in the State of
Florida may be consolidated, or any
school district may be divided and
merged with any one or more dis-
tricts contiguous thereto, as herein
authorized; x x x.
(d) Publication of notice. The
county board shall publish once each
week for four successive weeks in
some newspaper published in the
county, of general circulation
throughout the county, notice of the
election, giving the description of the
proposed school district and of the
districts involved in the proposed
consolidation. x x x
(4) PROCEDURE FOR HOLDING
AND CONDUCTING BIENNIAL
ELECTION WHEN REORGANIZA-


TION OF DISTRICTS IS IN-
VOLVED.-x x x
(f) County board to give notice of
election and appoint inspectors.-The
county board shall cause a notice of
said election to be published at least
twice, not less than fifteen days and
not more than thirty days before the
time set for the election, such notice
to be published once each week for
two consecutive weeks in not more
than two newspapers published with-
in the county and having a general
circulation in the territory in which
the election is to be held. The
notice of election shall contain: (1)
a statement of time of the election
and the voting places; (2) a state-
ment of the questions to be voted
upon at the election; (3) the quali-
fications of persons entitled to vote
on each ballot; (4) a description of
the boundaries of the proposed school
district; (5) and a list or description
of the original school districts or
parts of districts included in the pro-
posed district.
SCHOOL BONDS
236.38 Publication of resolution.-
It shall be the duty of the county
board, when the resolution propos-
ing a bond issue has been approved
by the state superintendent or when
such a proposal has been rejected by
the state superintendent and a new
petition signed by thirty-five per cent
of the qualified electors of the district
has been presented, and when the
resolution authorizing an election
has been adopted as set forth above,
to cause such resolution to be pub-
lished once each week for four suc-
cessive weeks in some newspaper
published in said school district, if
there be a newspaper published in
said district, and if no newspaper be
published therein, then in some
newspaper published in the county
in which said district is located;
provided, that this resolution may
also include a notice of election as
prescribed in 236.39.
236.39 Notice of election; qualifi-
cation of electors.-The said county
board shall also at the meeting, at
which is passed the resolution pro-
vided for in 236.37 order that an
election shall be held in said school
district to determine whether or not
there shall be issued by said district
the bonds provided for in said reso-









FLORIDA LAW OF THE PRESS


lution, in which election only the
duly qualified electors thereof who
are freeholders shall vote, and prior
to the time of holding said election
the said county board shall cause
to be published once each week for
four successive weeks in a newspaper
published in said district a notice of
the holding of said election which
shall specify the time and place or
places of the holding thereof, or if
there be no newspaper published in
said district, then in some newspaper
published in the county in which said
district is located; provided, that the
resolution, prescribed in 236.37, may
be incorporated in and published as
a part of the notice prescribed in this
section.

236.43 Receiving bids and sale of
bonds.-
(1) In case the issuance of bonds
shall be authorized at said election,
or in case any bonds outstanding
against the district are being re-
funded, the county board shall cause
notice to be given by publication in
some newspaper published in the
county that said board will receive
bids for the purchase of the bonds
at the office .of the county superin-
tendent of said county. The notice
shall be published twice and the first
publication shall be given not less
than thirty days prior to the date set
for receiving the bids. Said notice
shall specify the amount of the bonds
offered for sale and shall state
whether the bids shall be sealed
bids or whether the bonds are to be
sold at auction, shall give the sched-
ule of maturities of the proposed
bonds and such other pertinent in-
formation as may be prescribed by
regulations of the state board. x x x
236.57 Financial report. T he
county -superintendent shall publish
an annual financial report for each
school district having issued bonds
during the year and for each district
having bonds previously issued and
unretired in a newspaper of general
circulation in the district, or of the
county in which the district is lo-
cated.
NEW SCHOOL DISTRICTS
236.59 Procedure for holding and
conducting an election to provide for
the organization of more adequate
school districts.-In any county in


Florida in which there is any special
tax school district which does not
contain a high school having at least
one hundred pupils enrolled in grades
ten, eleven and twelve, it shall be the
duty of the county superintendent of
public instruction of such county, on
or before August 15 preceding the
date set by law for the biennial school
district elections, to prepare a ten-
tative plan for the organization of
more adequate districts in the county
as hereinafter set forth, and it shall
be the duty of the county board of
public instruction, when such a plan
is proposed, to act upon the proposal
and adopt a satisfactory plan, and to
call an election for the organization
of more adequate districts in the
county. x x x
(5) COUNTY BOARD TO GIVE
NOTICE OF ELECTION.-It shall be
the duty of the county board to cause
notices of said election for the or-
ganization of adequate districts to be
published once each week for two
successive weeks beginning not more
than thirty days and not less than
fifteen days before the date of the
election, such notices to be published
in a newspaper published within the
county and having general circula-
tion in the county. The notice
of the election for each of the pro-
posed districts shal contain (a) a
statement of the time of the elec-
tion and the voting places, (b) a
statement of the questions to be
voted on at the election, (c) the
qualifications of persons entitled to
vote in the election, (d) a descrip-
tion of the boundaries of the pro-
posed district, and (e) a list of the
original school districts or parts of
school districts to be included in the
proposed district.
SCHOOL BUDGETS
237.12 Public hearings; budgets to
be submitted to the state superinten-
dent.-On or before August 1 of each
year, the county board of each
county having tentatively approved
each separate part of the budget and
the entire budget for the schools of
the county, shall cause a summary
of the tentative budgets, including
the proposed millage levies as pre-
scribed by the state board, to be ad-
vertised one time in a newspaper of
general circulation published in the
county, or by posting at the court-
house door if there be no such news-









FLORIDA LAW OF THE PRESS


paper, and the advertisement shall
state that the county board shall
meet on a day fixed in the advertise-
ment not earlier than one week and
not later than two weeks from the
date of the advertising but before
August 1 for the purpose of a public
hearing concerning the tentatively
approved budgets. The county board
shall meet upon the date fixed in the
advertisement for the public hearing
and from day to day thereafter if it
deems it necessary for the purpose of
holding further public hearings and
making whatever revisions in the
budget it may deem necessary. x x x

TIDAL LANDS
253.08 Tidal lands in Dade and
Palm Beach counties.-The trustees
of the internal improvement fund
may sell and convey the islands and
submerged lands mentioned in
253.06 and 253.07 upon such prices
and terms as they shall see fit, after
giving notice by publication in a
newspaper published in the county
in which such lands are included, not
less than once a week for four con-
secutive weeks, x x x

253.13. All other tidal lands.-The
trustees of the internal improvement
fund may sell and convey the islands
and submerged lands, granted by
253.12, upon such prices and terms
as they see fit, after giving notice by
publication in a newspaper published
in the county seat of the county, in
which such islands or submerged
lands are located, not less than once
a week for four consecutive weeks,
in order that any persons who have
objections to such sale may have op-
portunity to present the same; x x x.

PUBLIC LANDS
253.52 Placing oil and gas leases
on market by board.-Sale of oil and
gas leases on state lands by trustees
of the internal improvement fund,
after notice by publication not less
than once a week for four consecu-
tive weeks in a newspaper in Leon
county and in a similar newspaper
for similar period of time published
in the vicinity of the lands offered
in the lease.


Public hearing on lease of land
within three miles of incorporated
city, publication once in a newspaper
in vicinity of lands to be leased.

270.07 Certain public lands not to
be sold without advertisement.-No
lands in the State of Florida that
are now, or may hereafter be, vested
in the trustees of the internal im-
provement fund of the State of Flor-
ida, or the state board of education
of the State of Florida, shall be sold,
conveyed or disposed of by the said
trustees or by the said board of edu-
cation until notice by publication
shall have been given for the full
term of thirty days prior to such
sale; provided, that this section shall
not apply to homestead, railroad or
canal grants, as now provided for by
law.
270.08 Notice of sale of public
lands by advertisement.-When the
trustees of the internal improvement
fund, or the state board of educa-
tion, shall decide or regard it ex-
pedient to sell any of the lands that
are now, or may hereafter be, vested
in the trustees of the internal im-
provement fund of the State of Flor-
ida, or in the state board of educa-
tion, they shall give thirty days' no-
tice of such sale, by publication in
some newspaper published in the
county or counties where such lands
to be sold are situated, and also such
other papers as may be deemed ad-
visable, once each week; which said
notice shall contain a description of
the lands, state the terms of sale, the
time and place where such lands
shall be sold, and notify the people
that they will receive bids therefore
at Tallahassee, Florida, from the
time of giving such notice until the
day of sale. In case said trustees are
making the sale, they shall require
the persons publishing said notice to
file with them immediately after the
expiration of the time of such sale,
proof of said publication, which shall,
at all times, be subject to inspection,
by any person desiring to see same.
And in case the said state board of
education is proceeding to make such
sale, it shall likewise require such
persons publishing said notice to file
with it, immediately after the expira-
tion of the time of said sale, proof of
said publication, which shall at all
times be subject to inspection by any
person desiring to see same.









FLORIDA LAW OF THE PRESS


STATE PURCHASING COUNCIL
The state of Florida has established a state purchasing council under
Chapter 287, Florida Statutes 1953, whose authority is limited to making
purchasing regulations, compiling information about purchasing and prices,
arranging for competitive bids which may establish prices not only for
purchases by the state but by county and municipal groups as well, and
for giving assistance generally in making purchasing contracts. The council
consists of the governor, the cabinet officers and heads of major departments.
The following definition of a purchase has been given by General Pur-
chasing Regulation No. 002:
"Any single order for commodities covering one item or a group of items
issued to a vendor constitutes a purchase."
The following are NOT purchases of commodities:
Transactions involving (a) the transfer, sale or exchange of personal
property between state agencies, (b) rental or hiring of equipment which is
not a part of a rental purchase contract, or space, (c) insurance, (d) con-
tractual or professional services, (e) utilities, (f) transportation of persons
or things, (g) telephone, telegraph or postage.
Please bear in mind that the purchasing provisions of this chapter do
not affect purchases of printing, which are controlled by Chapter 283.
In determining how advertising shall be run, the following excerpts from
an opinion of Attorney General Richard W. Ervin are pertinent:
"The first publication of the advertising for competitive bids must be
made not less than fourteen days prior to the date set for receiving the
bids and the second publication must be made not less than seven days
prior to the date on which bids are to be received (Sundays included)."


STATE PURCHASING COUNCIL
287.08 Purchases in excess of
$1,000; bids; notice. No purchase
shall be made where the purchase
price thereof is in excess of one thou-
sand dollars unless made upon com-
petitive bids received; and when the
purchase price is in excess of two
thousand dollars no purchase shall
be made unless competitive bids are
received after advertising therefore in
a newspaper of general circulation at
least once a week for not less than
two consecutive weeks prior to the
date on which bids are to be received;
provided, however, that if the execu-
tive head of any agency of the state
of Florida shall determine that a real
emergency exists in regard to the
purchase of any commodities, so that
the delay incident to giving oppor-
tunity for competitive bidding would
be detrimental to the interests of the
state of Florida, then and in such
event the provisions herein for com-
petitive bidding shall not apply and
the head of such agency may author-
ize or make purchases of such com-


modities, without giving opportunity
for competitive bidding thereon, but
such head of the agency shall, within
ten days after such determination
and purchase, file with the purchas-
ing council and with the state budget
commission a written statement of
the commodity purchased and a cer-
tificate as to the conditions and cir-
cumstances constituting such emer-
gency.

VETERANS' GUARDIANSHIP
293.08 Notice by court of petition
filed for appointment of guardian.-
Upon the filing of a petition for the
appointment of a guardian, under
the provisions of this chapter, the
court shall cause such notice to be
given as provided by law.
GUARDIAN SALE
294.10 Guardian's petition for au-
thority to sell ward's real estate; no-
tice by publication required.-When
any guardian of the estate of an in-
fant or incompetent shall have the










FLORIDA LAW OF THE PRESS


control or management of any real
estate, the property of such infant or
incompetent, and shall deem it neces-
sary or expedient to sell the same,
the guardian shall apply either in
term time or in vacation by petition
to the county judge or judge of the
circuit court for the county in which
said real estate may be situated for
authority to sell the same, and if the
prayer of said petition shall appear
to the judge reasonable and just and
financially beneficial to the estate of
the ward, he may authorize said
guardian to sell said estate under
such conditions as the interest of said
infant or incompetent may, in the
opinion of the said judge, seem to re-
quire. Such authority shall not be
granted unless the guardian shall
have given previous notice, published
once a week for four successive weeks
in a newspaper published in the
c o u n t y where the application is
made, of his intention to make appli-
cation to such judge for authority to
sell the same, setting forth in said
notice the time and place and to
what judge said application will be
made.

DRAINAGE DISTRICT
298.02 Notice of application to
form drainage district.-Immediately
after the petition shall have been
filed, the clerk in whose office the
same has been filed, shall give notice
by causing publication to be made
once a week for four consecutive
weeks in some newspaper published
in each county in which lands and
other property described in the pe-
tition are situate, and said notice
shall be substantially in the follow-
ing form:

NOTICE BY PUBLICATION
NOTICE OF APPLICATION TO FORM
A DRAINAGE DISTRICT
Notice is hereby given to all persons
interested in the following described
lands in ...-........---...... ............ county, Florida,
viz.: (Here describe the property as set
out in the petition)-........-------------------------...... -
that a petition asking that the foregoing
lands be formed into drainage district
under chapter 298, of the Florida Statutes,
has been filed in this office, and that the
foregoing lands will be affected by the
formation of said drainage district and
rendered liable to taxation for the pur-
pose of paying the expenses of organi-
zation, and making and maintaining the
'improvements that may be necessary to
affect the reclamation of the lands in-
cluded in such district, and you and each
of you are hereby notified to aDpear on


the first rule day occurring not less than
twenty days after this notice has been
published for four weeks as required by
said chapter, at the office of the clerk
of the circuit court of ..................-.
county, and show -cause, if any there be,
why said drainage district, as set forth
in said petition, shall not be organized
as a pubic corporation of the State of
Florida.
Date of first publication ....... 19
Clerk of the Circuit Court of
.----------...-...--.County, Florida
The certificates of the clerk or the
affidavit of another, with a copy of
said notice affixed, showing that said
notice has been published as required
by this chapter, shall be sufficient
evidence of such fact. x x x
298.05 Revival of cause on death
of party to any proceedings under
chapter; constructive service on non-
residents. No action under this
chapter shall abate by reason of the
death or disability of any party to
any proceeding, but upon suggestion
of such death or disability the cause
shall be immediately revived in the
name of the heirs, devisees or their
legal representatives if the heirs,
devisees or legal representatives of
the deceased party are nonresidents,
notice by publication shall be given
them in the manner and for the time
provided for in 298.02, and the cause
shall then proceed in all respects as
in case of the original parties being
in court.
298.07 Amending former decree
incorporating district; changing
boundary lines and plan of reclama-
tion; form of n o t i c e; objections,
hearing an determination on peti-
tion As soon as petition for per-
mission to amend decree incorporat-
ing the district-or change boundaries
shall have been filed the clerk of
the court shall give notice by caus-
ing publication to be made once a
week for four consecutive weeks in
some newspaper published in each
county in which lands and other
property described are situate, said
notice to be substantially in the fol-
lowing form:

NOTICE BY PUBLICATION
NOTICE OF DRAINAGE HEARING
To the owners and all persons inter-
ested in the lands corporate, and other
property in and adjacent to ....--
drainage district:
You, and each of you, are hereby noti-
fied that ---------.......
(here state by whom petition was filed),










FLORIDA LAW OF THE PRESS


has filed in the office of the circuit court
of .............................. county, Florida, a pe-
tition praying said court for permission
to ...---................. ------ ..... ---...... --...-
(here insert the prayer of said petition),
and unless you show cause to the con-
trary on or before the first rule day of
the circuit court of said county, after
the publication of this notice as required
by law, the prayer of said petition may
be granted.
Date of first publication............... day
of ....... ............ --............. 19..--....
Clerk of Circuit Court of
-..................-........... County.

CONSOLIDATING DISTRICTS

298.08 After affirmative vote of
majority of acreage owners in adja-
cent districts to be consolidated, a
petition may be filed in Circuit Court
and notice thereof shall be given by
causing publication to be made once
a week for four consecutive weeks in
some newspaper published in each
county in which lands and other
property described in petition are
situate.

EXTENDING LIFE OF DISTRICT

298.09 When the time for which
any drainage district was created is
sought to be extended, the board of
supervisors shall call a meeting of
landowners of district and notice
thereof stating the time, place and
purpose of such meeting shall be
published once a week for two con-
secutive weeks in some newspaper
published in each county in which
lands of the district are situate.

ELECTION OF SUPERVISORS
298.11-Notice of meeting of land-
owners in drainage district for pur-
pose of electing members of board
of supervisors shall be given by
causing publication thereof to be
made once a week for two consecu-
tive weeks in some newspaper pub-
lished in each county in which lands
of district are situate.

FINANCIAL STATEMENT
298.17 The board of supervisors
shall report to the landowners in
drainage district the results of the
annual audit of the treasurer's books
and publish a statement showing the
amount of money received and paid
out during year and the amount in
treasury at beginning and end of
year.


RECLAMATION PLAN
298.27 If it should be found that
the plan of reclamation as originally
adopted requires modification by
widening, lowering, or deepening etc.,
the canals or ditches or otherwise
improving the other works authorized
by the reclamation plan, the super-
visors may file its petition in office
of clerk of court organizing district
praying for permission to change
said plan. Notice of filing of peti-
tion shall be given and a hearing
held in same manner as provided in
298.07, arite.

298.33 Form of notice of filing of
commissioners' report; publication of
notice.-Upon the filing of the report
of the commissioners appointed to
appraise land for rights-of-way, hold-
ing basins and other drainage works
of the district, the clerk of said cir-
cuit court shall give notice thereof,
by causing publication to be made
once a week for two consecutive
weeks in some newspaper published
in each county in the district, the
last publication to be made at least
ten days before a rule day of said cir-
cuit court, to be named in such no-
tice, on which exceptions may be
filed. It shall not be necessary for
the clerk to name the parties inter-
ested, but it shall be sufficient to
say:

NOTICE BY PUBLICATION
NOTICE OF FILING COMMISSIONERS'
REPORT FOR.....-.......--... .
DRAINAGE DISTRICT
Notice is hereby given to all persons
interested in the following described land
and property in ...............-- .. ... county
(or counties), in the State of Florida,
viz.: (Here describe land and property)
included within .......--------- Drainage
District" that the commissioners here-
tofore appointed to -assess benefits and
damages to the property and lands situ-
ate in said drainage district and to ap-
praise the cash value of the land neces-
sary to be taken for right of ways, hold-
ing basins and other works of said dis-
trict, within or without the limits of said
district, filed their report in this office on
the ........... day of -............-- .......... 19....
and you and each of you are hereby not-
fied that you may examine said report
and file exception to all, or 'any part
thereof, on or before the first Monday in
-..---------. 19 .........
First publication .. ......- 19 .
Clerk of the Circuit Court,
.....------.......... County. Florida.
Provided, that where lands in dif-
ferent counties are contained in said










FLORIDA LAW OF THE PRESS


report, the said notice shall be pub-
lished in some newspaper in each
county in which such lands so af-
fetced are situate, and it shall not be
necessary to publish a list of all said
lands in each county, but only that
part of same situated in the respec-
tive counties.
298.42 Owners of land assessed
for construction of canals, etc., may
pay taxes in advance.-Any person
owning lands assessed for the con-
struction of any canal, ditch or other
improvement, under the provisions of
this chapter, shall have the right
and privilege of paying such tax as-
sessment, notice of which right and
privilege shall be given by publication
in a newspaper of general circulation
in the county or counties where the
lands are situated for not less than
two weeks prior to the time fixed.
to the treasurer of the board of
supervisors of the district, at any
time on or before a date to be fixed
by resolution of the board of super-
visors; and the amount to be paid
shall be the full amount of the tax
levied, less any amount added thereto
to meet interest, x x x

298.45 Suits to enforce liens; sales
of land; notice of suit; form; pro-
ceeds of sale.-Drainage district may
enforce delinquent tax liens by suit
in chancery, with service of process
upon non-residents under existing
law.

SALE OF DELINQUENT LANDS
298.46 After suits to enforce tax
liens, court shall direct master to
sell lands after sale is advertised
(which may include all land de-
scribed in decree and ordered sold)
once each week for two consecutive
weeks in some newspaper published
in the county.
READJUSTMENT OF BENEFITS
298.55 Readjustment of assess-
ment benefits; notice.-Circuit Court
shall give notice of filing of petition
by 25% or more of acreage owners
in district for readjustment of as-
sessment benefits and hearing on said
petition; by publication once a week
for four consecutive weeks in some
newspaper published in each county
in which lands and other property
are situate. Such notice may be in
the following form-


NOTICE BY PUBLICATION
Notice is hereby given to all persons
interested in the lands included within
the .--.---......- ....... drainage district
that a petition has 'been filed in the of-
fice of the clerk of the circuit court of
-- --_----. -county, ...... --... ----
praying for a readjustment of the assess-
ment of benefits for the purpose of mak-
ing a more equitable basis for the levy
of the maintenance tax in said district,
and that said petition will be heard by
said -circuit court on the first day of the
next -............. term of said court.
Date of first publication ................
19-.........
Clerk of the circuit court of
.--.... ----......... -.--.. ---. county.

ASSESSING BENEFITS

298.77 Assessments; read us t-
ment, procedure, notice, hearings,
etc.-
(1) Whenever the board of super-
visors or the owners of twenty-five
per cent or more of the acreage of the
land of any drainage district situated
wholly in a single county existing
under the general drainage laws of
Florida, now chapter 298, Florida
Statutes, joined by the holders of
not less than ninety-five per cent of
the indebtedness outstanding against
said district, shall file a petition with
the clerk of the circuit court organ-
izing such district, praying for
readjustment of the assessment of
benefits for the purpose of making a
more equitable basis for the levy of
taxes to pay the indebtedness of such
district and to maintain its drainage
system, the said clerk shall give no-
tice of the filing and hearing of said
petition by publication once a week
for four consecutive weeks in some
newspaper published in each county
in which lands and other property
are situate.
(2) Such notice may be in the fol-
lowing form:

NOTICE BY PUBLICATION
NOTICE IS HEREBY GIVEN to all
persons interested in the lands included
within the .............-... Drainage District
that a petition has been filed in the of-
fice of the Clerk of the Circuit Court of
...........- .......... County, Florida, praying
for a readjustment of the assessment of
benefits for the purpose of making a
more equitable basis for the levy of taxes
against the various pieces and parcels of
land in said district to pay its indebted-
ness and maintain its drainage system,
and that said petition will be heard by
the said circuit court on the-.. ........... day
of .................--- ... 19 .........









FLORIDA LAW OF THE PRESS


Dated ----- .-._- ., 19 ----..----
D acted. ... ..........................., 19...-.. --... .
Clerk of the Circuit Court of
-...........--............... county.

PILOT COMMISSIONERS
310.23 Board to examine cargo,
record, etc.-. In all cases of in-
quiries, examinations and surveys,
relating to vessels and cargoes on
board thereof, as specified in this
chapter, the said board shall give
notice to all persons interested in, or
having charge of the subject matter
of such inquiry, examination or sur-
vey, by advertisement in at least one
daily newspaper printed and pub-
lished in the said port for which they
are appointed, of the pendancy of
such inquiry, examination or survey,
and of the time and place of com-
pleting the same; the expense where-
of shall be added to and paid with
the fee for making each inquiry, ex-
amination or survey.

HIGHWAY PATROL
321.02 Supplies and equipment for
highway patrol; bids.- All sup-
plies and equipment consisting of
single items or in lots, of a value of
more than three hundred dollars,
shall be purchased by advertising for
sealed bids at least once a week for
not less than two consecutive weeks.
Purchases shall be made by accept-
ing the bid of the lowest responsible
bidder; the right being reserved to
reject all bids. x x x

MOTOR CARRIERS
323.03 Common carriers; certifi-
cate of convenience required.-Notice
of hearing on applications of auto
transportation companies to obtain
certificate of convenience and ne-
cesisty from Railroad and Public
Utilities commission for operation of
motor vehicles for transportation of
persons and property as a common
carrier, shall be published by said
commission in one or more news-
papers of general circulation in the
territory proposed to be served. Ap-
plications for transfer or assignment
of existing certificates of convenience
are subject to same provisions of
hearing and notice as original appli-
cations for such certificates.
323.04 Private contract carriers;'
certificate of convenience required.-


Notice of hearing on applications of
auto transportation companies to ob-
tain certificate of convenience and
necessity from railroad and public
utilities commission for operation of
motor vehicles for transportation of
persons or property as a private con-
tract carrier shall be published by
said commission in one or more news-
papers of general circulation in the
territory proposed to be served. Ap-
plications for transfer or assignment
of existing certificates are subject to
same provisions as to public hearings
and notice as original applications
for such certificates.

COUNTY AIRPORTS
332.08 Rules and regulations for
government of county owned airports.
-x x x Where a county operates one
or more airports, its regulations for
the government thereof shall be .
promulgated by posting a copy at the
courthouse and at every such airport
for four consecutive weeks or by pub-
lication once a week in a newspaper
published in the county for the same
period. x x x

AIRPORT ZONING
333.05 Zoning regulations; adop-
tion, notice.-Fifteen days' notice of
a public hearing on the adoption of
proposed airport zoning regulations
shall be published in an official
paper or a paper of general circula-
tion in the political subdivision or
subdivision in which the airport haz-
ard area to be zoned is located.

TURNPIKE AUTHORITY
340.06 Contracts or agreements by
the state turnpike authority for the
expenditure of more than fifteen
hundred dollars, other than compen-
sation for personal services, shall be
by written contract after advertise-
men for not less than two consecu-
tive weeks in a newspaper of general
circulation published in Dade county
or such other publications as the
authority may determine.

340.08 No advertisement is neces-
sary for leasing, lending, granting or
conveying to the turnpike authority
by any county, city, public agency or
officer of state, any real property
necessary to effectuate purpose of
turnpike law.










FLORIDA LAW OF THE PRESS


340.23 Trafic control.--The au-
thority is authorized to adopt and
promulgate rules and regulations
with respect to the use of a project
and such rules and regulations shall
not take effect until published in a
newspaper of g e n e r a circulation
published in Dade county, Florida,
and such other publications as the
authority may determine, and duly
filed in the office of the secretary of
state.

STATE ROAD DEPARTMENT
341.14 Duty of state road depart-
ment.-The state road department
shall prepare plans and specifications
for all proposed work, other than
maintenance work of a regular or
routine nature, and advertise for bids
on same at least once a week for not
less than two consecutive weeks in
some newspaper having a general
circulation in the county where the
proposed work is located.

ROAD DEPARTMENT PURCHASES
341.15 Advertisement for bids.-
. The state road department shall
not purchase supplies or equipment
of the value of three thousand dollars
or more for each individual purchase
except upon competitive bids received
after advertising therefore in a news-
paper of general circulation at least
once a week for not less than two
consecutive weeks prior to the date
upon which bids are to be received;
the state road department may, at its
discretion, award a contract to the
lowest responsible bidder or it may
reject all bids and proceed to re-
advertise.

ROAD DEPARTMENT BUDGET
341.20 The state road department
budget of road maintenance and con-
struction work to be done during
ensuing year shall be published once
in one of the newspapers of the state
of general circulation published in
each of the following cities: Jackson-
ville, Pensacola, Tampa, Orlando and
Miami, together with a notice of the
time and place of the public meeting
for considering such budget of work.

STATE ROADS
341.64 Certain streets designated
as state roads.-x x x


(5) The state road department is
authorized ... to prescribe rules and
regulations for traffic and traffic sig-
nal lighting upon such designated
municipal connecting link roads lo-
cated therein to the extent provided
by law, rule or regulation for traffic
upon state roads, and such rules and
regulations, when made and once
published in a newspaper published
and ,having a general circulation in
such city or town or posted at the
city hall when there is no such news-
paper, shall supersede any and all
regulations relating to such traffic
made by such city or town to the
extent that the same may be incon-
sistent therewith.
COUNTY ROADS
343.14 Letting out road work to
lowest bidder.-In awarding any
work on county roads and bridges by
contract, the same shall be let to
the lowest competent bidder, after
due notice by publication in a news-
paper published in the county where
such contract is made, for a period
of two weeks prior to the making of
such contract for bids, based upon
specifications furnished by the board
of county commissioners, x x x
CLOSING ROAD
343.36 The clerk of the circuit
court shall cause a copy of the fol-
lowing notice to be published once a
week for four consecutive times, prior
to the date set for the hearing, in a
newspaper published in the county
and qualified to publish legal notices
and advertisements.
NOTICE BY PUBLICATION
NOTICE OF PROCEEDINGS FOR THE
CLOSING OF A ROAD
TO WHOM IT MAY CONCERN:
You will take notice that the Board of
County Commissioners of -. .. -
County (upon its own motion), (upon pe-
tition of a qualified land owner), (will
at --..... -. .m. on the ........ ........... day of
................. .at the County Courthouse
in --.................................----- Florida, .con-
sider and determine whether or not the
County (will vacate, abandon, discon-
tinue and close), (will renounce and dis-
claim any right of the County and public
in and to any land or interest therein,
acquired for road or highway purposes),
(will renounce and disclaim any right of
,the County and public in and to any
land or interest therein delineated upon
any map or plat recorded in....-........... ),
which said street, road or highway is
more particularly described as follows:
(here insert description)
PERSONS INTERESTED MAY APPEAR









FLORIDA LAW OF THE PRESS


AND BE HEARD AT THE TIME AND
PLACE ABOVE SPECIFIED.
BOARD OF COMMISSIONERS
OF ..-................. --....... COUNTY
By...................-- ...-- ...... ..------- ----.
Chairman or Vice-Chairman
343.43 Publication of notice of in-
tention to abandon. Before any
county road or street shall be closed
and vacated, any right of the county
or public in and to any land, or in-
terest therein delineated on any re-
corded map or plat as a street, road,
or highway shall be renounced and
disclaimed, the board of county com-
missioners shall hold a public hear-
ing therein, and shall publish notice
thereof one time, in a newspaper of
general circulation in such county
at least two weeks prior to the date
stated therein for such hearing. After
such public hearing, any action of
the board of county commissioners
. shall be evidenced by a resolu-
tion duly adopted and entered upon
the minutes of said board Notice
of the adoption of such a resolution
by the board of county commissioners
of any county shall be published one
time, within thirty days following its
adoption, in one issue of a newspaper
of general circulation published in
the county. The proof of publication
of notice of public hearing, the reso-
lution as adopted, and the proof of
publication of the notice of the adop-
tions of such resolution may be re-
corded in the deed records of the
county.

PURCHASE OF BONDS
344.14 The state board of admin-
istration shall give due notice of its
purpose to purchase road district,
road and bridge district or county
bond or bonds by publication of such
notice, at least one of which notices
shall be published in a newspaper
regularly published in the county
where such bonds were issued. Such
notice shall call for sealed bids and
shall state the time and place at
which said bids shall be opened.

REGULATING TIRES
346.05 The provisions of this
chapter regulating width of tires of
vehicles with heavy loads on im-
proved roads shall not be operative
in any county of the state until the
county commissioners of such county
at a regular meeting shall give notice
by advertisement in a newspaper


published in the county for four
weeks.
346.06 Due notice of the adoption
of this chapter regulating width of
tires of vehicles hauling heavy loads
on improved roads shall be given by
the publication of the adopting reso-
lution for a period of sixty days as
provided for in 346.05.

LICENSE FOR FERRY, ETC.
347.02 Notice of application.-Any
person desiring license to estab-
lish ferries, toll bridges, mills and
dams, and log ditches shall advertise
in a newspaper published in the
county wherein the privilege is to be
granted, or if there be no newspaper
published in said county, in a news-
paper published in the adjoining or
nearest county thereto; and shall
also post in three conspicuous places
in said county notice of his intention
to apply to the county commissioners
for leave, specifying the object of his
application.
347.14 Intention to make applica-
tion for franchise rights to construct,
operate and maintain bridges, cause-
ways, tunnels, toll highways and fer-
ries upon all bays, inlets, bayous, la-
goons and sounds, classifiable as state
lands, submerged or otherwise, or
over lands or waters where grantee
shall ac q uire title or proprietary
rights by eminent domain, bordering
on or connecting with the Gulf of
Mexico and making up one continu-
ous expanse and body of water or
land and water and lying within ter-
ritorial limits of one or more coun-
ties, must be advertised in a news-
paper of general circulation pub-
lished in each of the counties where-
in the privilege is to be granted, for
a period of four full weeks, once a
week. The contents of the notices
declaring such intention shall de-
scribe the locality wherein the privi-
lege is sought, and exactly the na-
ture, extent, and character of such
privilege.
LIMITED ACCESS
348.03 Highway authorities of
state, county or municipalities may
establish limited access facilities for
public use, after notice by publication
in a newspaper of general circulation
at least 15 days before such author-
ity is to be effective and appropriate









FLORIDA LAW OF THE PRESS


traffic signs shall be erected along
facility affected as notice to public
travel of action of highway authori-
ties to establish such facilities.

RAILROAD COMMISSION

350.40 Notice to common carriers
before changing rates. The said
commissioners, before changing, re-
vising, fixing, adopting or allowing
any schedule of rates or prescribing
any such rules and regulations, shall
give public notice of their intended
action in such newspapers and for
such time as shall be deemed fair
and reasonable by said commissioners
to all common carriers to be affected
and to the public generally, of the
times and places of their meetings
x x x.

350.41 Publication of notice may
be dispensed with.-Where the public
interest does not require that public
notice shall be given in a newspaper,
publication of notice of change, re-
vision, etc., of schedule of rates may
be omitted, and the commissioners
shall give personal notice to the
common carriers and other parties
interested.

CATTLE BRANDS

350.47 Railroads to keep records
of marks and brands of cattle killed
or injured.-Every person operating
any railroad in this state, shall keep
a record, in a book for that purpose,
at the nearest depot, of the ear
marks and brands and flesh marks
and description of all live stock killed
or injured by trains operated by
them, stating the number of mile
post nearest to where such stock was
killed or injured, which said record
book shall be, at all times, open to
the inspection of the public. Where
said railroad is not fenced, the per-
son operating said road, shall publish
one time in some newspaper, pub-
lished at the county seat of the
county in which such stock was killed
or injured, the ear marks and brands
and flesh marks and description of
said stock. Any person failing to
comply with any of the provisions
of this section, shall be punished by
a fine not exceeding one thousand
dollars, or imprisonment not exceed-
ing six months.


OBSERVATION TOWERS
350.70 Appliction for franchise to
construct an observation tower shall
be advertised in a newspaper for four
full weeks in a county where the
privilege is sought.

SALE OF NON-PERISHABLES
355.03 Sale by carrier to enforce
lien shall be preceded by notice pub-
lished once a week for two successive
weeks in a newspaper of general cir-
culation at the place of sale or near-
est place where such newspaper is
published.
TELEPHONE SYSTEM HEARING
364.33 Notice of time and place
of hearing on application for certifi-
cate of convenience for construction
of telephone system shall be pub-
lished once a week for three con-
secutive weeks in newspaper of gen-
eral circulation in each territory
affected.
364.34 Telephone systems, opera-
tion, construction.-Notice of hearing
on application for certificate of ne-
cessity for construction, operation
and control of telephone line, plant
or system shall be published once a
week for three consecutive weeks in
newspaper of general circulation in
each territory affected.
STATE BOARD OF CONSER-
VATION
370.02 All rules and regulations of
boards of conservation shall be pub-
lished in a newspaper or newspapers
of general circulation in the state.
OYSTERS AND SHELL FISH
370.16 When any qualified person
desires to lease a part of the bottom
or bed of any of the waters of this
state for the purpose of growing oys-
ters or clams, where the riparian
owner is not known, notice of appli-
cation for lease of water bottom or
bed for growing oysters or clams
shall be given by publication for
four weeks in some newspaper pub-
lished in the county in which the
water bottoms lie. In all cases of
lease cancellation, the board shall,
after sixty days' notice by publication
in some newspaper published in the
state having a general statewide cir-
culation, sell such lease to the high-










FLORIDA LAW OF THE PRESS


est and best bidder. Notice of desig-
nation of oyster conservation dis-
tricts shall be published once each
week for two consecutive weeks.
370.17 Sponge conservation dis-
tricts; creation.-Notice of the des-
ignation of sponge conservation dis-
tricts shall be published once each
week for two consecutive weeks.
Rules, regulations and orders and
all revisions and amendments there-
to, prescribing closed seasons, or pre-
scribing the means and methods of
harvesting sponges adopted by the
board, shall be filed in the office of
the secretary of state and notice
thereto shall be published in a news-
paper of general circulation in the
conservation district affected within
ten days from the adoption thereof.

GAME AND FRESH WATER FISH
COMMISSION
372.021 Notice of adoption, re-
vision or amendment of rules, regu-
lations and orders of the state game
and fresh water fish commission
shall be given by one publication in
each congressional district in a news-
paper having general circulation in
and published in such district. Any
local rule, regulation or order shall
be published one time in a newspaper
of general circulation published in
the area or areas affected within ten
days from the date of its adoption.
372.061 Meetings of commisison,
notice.-Due and proper notice shall
be given, publishing the place and
date of meetings of game and fresh
water fish commission.
372.74 Game and fish agreements
with the U. S. Forest Service.-Notice
of rules and regulations under co-
operative agreement for development
of game and other bird and animal
management to be published in
newspapers in Baker, Co 1 umbia,
Marion, Lake, Putnam and Liberty
counties twice prior to opening of
the state hunting season in such
areas.
FLOOD CONTROL
378.10 Notice of filing petition.-
Immediately after a petition to cre-
ate a flood control district shall have
been filed, the clerk of the circuit
court in each county in which land
in the proposed district will be lo-


cated shall give notice by causing
publication to be made once each
week for four consecutive weeks (four
times being sufficient in some news-
paper published in the county, and
said notice shall be substantially in
the following form:

NOTICE BY PUBLICATION
NOTICE OF APPLICATION TO FORM
A DISTRICT UNDER THE PROVISIONS
OF CHAPTER ......--.......... (this chapter)
NOTICE IS HEREBY GIVEN to all per-
sons who are the owners of real estate
within the following described bounda-
ries:
(Here follows boundary description)
THAT a petition has been filed in this
office where any interested person may
examine the same, asking that the lands
within the foregoing boundaries be
formed into a district under chapter
-.-----.. ... (this chapter) and stating that
the real estate in said district will be
affected by the formation of said dis-
trict and made liable for taxes for the
purpose of paying the expense of organi-
zation and the district's allocated part of
the cost of improvements, and the main-
tenance and operation of the same, and
you and each of you owning real estate
within the boundaries of said proposed
district as above described, are r ereby
notified to appear not later than the
first rule day occurring not less than
twenty (20) days after this notice has
been published for four consecutive
weeks, as required by said chapter, at
the office of the Clerk of the Circuit
Court of.. .........-...C.....County and show
cause in writing, if cause there be, why
said district ,as set forth in said petition,
shall not be organized as a public cor-
poration of the State of Florida.
Date of first publication -...-.., 19 ...
CLERK OF CIRCUIT COURT OF
S..........- -. .... County, Florida
378.23 Hearings on benefits.--x x x
The clerk shall cause to be published
in some newspaper published in his
county for four consecutive weeks
(four publications being sufficient),
a notice that the said board has as-
certained the benefits which will ac-
crue to land and other real property
in the district, and said notice shall
be substantially in the following
form:
NOTICE is hereby given to all per-
sons who are owners of real estate
within -----...---- ..____ District that for
the purpose of determining amounts
of taxes to be assessed annually upon
all real estate within said district
which will be benefited by the works
of said district, the governing board
thereof has ascertained benefits
which will accrue and has shown the
same on a list with the property
affected thereby or on a map of said
district filed in the office of the clerk










FLORIDA LAW OF THE PRESS


of the circuit court of each county
having lands in said district, where
any person interested therein may
examine the same and procure infor-
mation therefrom. Based on the part
or percentage to be determined each
year by said board, of the maximum
annual benefits to be hereby de-
termined, taxes will be imposed on
said real estate at a tax rate to be
ascertained by multiplying three-
tenths mill by the part or proportion
for that year of maximum annual
benefits.
Any owner of real estate in said
district may file his objections, if
any there be, to the benefits as ascer-
tained by the governing board as
the same affects real estate owned by
him. Such objections shall be in
writing, and filed with the board
not later than ten days prior to the
---------- day of ------------------- 19-----
on which last named day the board
will hold a hearing at the office of
the board, at which any person hav-
ing filed objections in the manner
specified, or the representative or at-
torney for such person, may appear
and be heard orally in support of his
filed objections.
378.28 Flood control budget; hear-
ing.-Intention to adopt a budget for
a flood control district for the en-
suing fiscal year shall be published
between May 10 and May 15 of each
year, for two consecutive weeks in a
newspaper published in the county
seat of each county having land in
the district.

378.44 Publication of notices, pro-
cesses, papers, etc. Whenever in
flood control law, the publication of
any notice, process, or paper is re-
quired or provided for, unless other-
wise expressly provided, the publica-
tion thereof in some newspaper or
newspapers as defined in Chapter 49,
Florida Statutes, having general cir-
culation within the area to be af-
fected, shall be taken and considered
as being sufficient..

STATE BOARD OF HEALTH
381.16 Rules and regulations, pub-
lication.-The state board of health
shall publish, in such place and man-
ner as they deem best to give the
greatest publicity, rules and regula-
tions of the board.


381.17 Quarantine regulations;
publication.-All quarantine regula-
tions of the state health officer shall
be published in the most practicable
manner in the several counties,
cities or other places where quaran-
tine may be established.

387.03 Sewage discharge permits.
-Notice of revocation, modification
or change, by state board of health,
of permit for discharge of sewage
shall be published for two weeks in
newspaper published in county in
which well, cavity or sink is located.
MOSQUITO CONTROL DISTRICTS
388.03 Publication of call for elec-
tion; form.-The call for election to
determine whether or not county
shall become mosquito control dis-
trict shall be published once each
week in four weekly issues of a news-
paper of general circulation in such
county, the first issue of such publi-
cation being not less than twenty-
two days before such election. The
said call shall be in substance as
follows:
To the qualified electors of an-- i-----
--------county: Take notice. An
election is hereby called on the ----
day of --------, 19 .-- to de-
termine whether or not..---------------
county shall become an an ti-mosquito
district; and, (in counties having a
population less than sixty-five thou-
sand according to the latest federal
or state census,) whether or not,
the work shall be conducted by a
separate or special board of anti-
mosquito commissioners.
388.21 Board may contract for
work or employ direct.-The board
may have any and all work per-
formed by contract with or without
advertisement, or without contract
by machinery, equipment and labor
employed directly by the board.

388.22 Annual report.-The board
shall make an annual report of its
work and publish the same if it is
deemed advisable.
389.03 Publication of call for elec-
tion. The county commissioners
shall publish the said petition pray-
ing for the creation of a mosquito
control district with the names of
all signers thereto for a period of
thirty days, at the expense of the









FLORIDA LAW OF THE PRESS


petitioners, in a newspaper published
in the proposed district x x x.

389.04 Election results, publica-
tion.-If the results of the election
are favorable to the formation of a
mosquito control district, said re-
sults shall be published for fifteen
days in a newspaper in the district
or by posting for same period of
time.

390.05 Mosquito control districts,
creating; alternative system. The
county commissioners shall fix the
date for an election to determine
creation of a mosquito control dis-
trict and shall have a notice thereof
published once each week during four
successive weeks in a newspaper pub-
lished in said county. The notice
shall describe the territory proposed
to be included in the mosquito con-
trol district and the amount of bonds
to be authorized.
390.06 Result of election.-If the
election results are favorable to cre-
ating such mosquito control district,
then the county commissioners shall
declare and publish the boundaries
of said district once each week for
two successive weeks in a newspaper
published in the county where such
district is located.
390.20 Sale of bo onds on bids.-
The board of commissioners may sell
all or any part of its bonds to the
highest bidder after advertisement
once each week for four successive
weeks in a newspaper published in
the county in which said mosquito
control district is located. Said board
may reject all bids and may readver-
tise said bonds for sale from time to
time until all of said bonds are sold.
390.23 Advertising of contracts
optional.-. .'. The board may have
any and a all work performed by con-
tract with or without advertisement,
or without contract, by machinery,
equipment and labor employed di-
rectly by the board.

HOUSING AUTHORITY

421.15 Notice of sale of housing
authorities debentures shall be pub-
lished at least five days prior to sale
in a newspaper in the community
and in a financial paper in New York
or Chicago.


421.29 Regional housing author-
ity.-Notice of public hearing on cre-
ation or expansion of said authority
shall be given at least ten days prior
to hearing, in newspaper published
in such county, or if there is no
newspaper published in such county,
then in a newspaper of general cir-
culation in county published in state.
RURAL ELECTRIC COOP-
ERATIVES
425.19 Notice of the winding up
proceedings of cooperatives who vol-
untarily dissolve shall be published
once a week for two consecutive
weeks in a newspaper of general cir-
culation in county of the coopera-
tive's principal office. Proof of such
publication shall be filed in office of
secretary of state with articles of dis-
solution.
WORKMEN'S COMPENSATION
440.56 Before industrial commis-
sion makes, amends or repeals any
rule for the prevention of accidents
and industrial or occupational dis-
eases or for the construction or re-
pair of places of employment, notice
of a public hearing on such rule shall
be published in such newspapers as
the commission may prescribe and
after adoption of said rule, shall be
promptly published in such manner
as the commission may prescribe.
UNEMPLOYMENT COMPEN-
SATION
443.12 Industrial Commission;
powers, duties. The Commission
shall have power to adopt, amend, or
rescind such rules and regulations as
it deems necessary to administer this
act. Such rules and regulations shall
be effective upon publication in the
manner, not inconsistent with the
provisions of this chapter, which the
commission shall prescribe. General
and special rules may be adopted,
amended, or rescinded by the com-
mission only after public hearing or
opportunity to be heard thereon, of
which proper notice has been given.
General rules shall become effective
ten days after filing with the secre-
tary of state and publication in one
or more newspapers of general cir-
culation in this state.
The commission shall cause to be
printed and distributed to the public
the text of this chapter, the regula-









FLORIDA LAW OF THE PRESS


tions and rules it adopts, its annual
report to the governor, and any other
matter the commission deems rele-
vant and suitable, and shall furnish
this information to any person upon
application therefore; provided that
the printing of any pamphlet, rules,
circulars or reports required by this
chapter shall contain no matter ex-
cept the actual data necessary to
complete same or the actual lan-
guage of the said rule or regulation,
together with proper notices thereof;
and provided further, where the
amount involved exceeds two hun-
dred dollars that in advance of any
such printing being done or con-
tracted for, sealed written bids there-
for shall be asked for by the com-
mission and the lowest and best bid
therefore shall be accepted.

BASIC SCIENCE LAW

456.12 The board of examiners in
the basic sciences shall give public
notice of the time and place of all
examinations to be held under this
chapter, in such manner as the board
may deem expedient and in ample
time to allow all candidates to com-
ply with the provisions of this chap-
ter.

MEDICAL EXAMINERS

458.04 Notice of meetings of the
board of medical examiners shall be
given by publication once a week for
four successive weeks'in a newspaper
of general circulation throughout the
state.

CHIROPRACTIC EXAMINERS

460.05 At least thirty days' notice
of the time and place of holding ex-
aminations by the board of chiro-
practic examiners shall be given by
publication once a week for four
consecutive weeks in a newspaper of
general circulation throughout the
state.
460.14 Issue and reissue of certifi-
cates.-. Before the board shall
issue a certificate to an applicant to
whom certificate has been refused
upon the grounds in this chapter
stated, or restore the certificate of
any person which may have been
revoked, the board shall publish no-
tice in a newspaper of general circu-


lation, once each week for two con-
secutive weeks of the application be-
fore said board to issue or reissue
the certificate of the person to whom
a certificate has been refused, or a
person whose certificate has been re-
voked, to the end that opportunity
may be afforded to any person to
show cause to the board why such
application should not be acted upon
by said board.

NATUROPATHIC EXAMINERS
462.04 Notice of meetings of the
board of naturopathic examiners
shall be given by publication thereof
once a week for four successive weeks
in one or more newspapers of general
circulation through the state.

OPTOMETRY BOARD
463.03 At least thirty days' notice
of any regular meeting of board of
optometry shall be given by one pub-
lication in a newspaper of general
circulation throughout the state.

PHARMACY BOARD
465.021 Notice of all meetings of
the board of pharmacy shall be given
at least thirty days in advance of
said meetings. Publication of the
time and place of meetings in the
journal of the Florida state pharma-
ceutical association or in any news-
paper, magazine, or other periodical
in general circulation to Florida
pharmacists or written notice by the
secretary to the members of the
board and to others who have filed
with the secretary of the board a
written request for notice, of the
time and place of meetings shall con-
stitute due notice.

BOARD OF ARCHITECTURE
467.07 The names and post office
address of each officer of the board
of architecture and copy of rules and
regulations as adopted, repealed or
modified, shall upon election and
adoption, be published in at least one
daily newspaper in the state.
467.08 Examinations; N otic e.-
Notice of the time and place of hold-
ing examinations by the board of
architecture shall be published in at
least one daily newspaper in the
state.









FLORIDA LAW OF THE PRESS


PROFESSIONAL ENGINEERS
471.27 Where personal service
can not be made, or where registered
notice is returned undelivered, the
secretary of the state board of en-
gineer examiners shall cause a short,
simple notice to the registrant to be
published for four consecutive weeks
(four publications being sufficient)
in a newspaper published in the
county wherein the registrant's last
known address appears as shown on
the records of the board, or if no
newspaper be published in said
county, then said notice may be pub-
lished in a newspaper published in
an adjoining county. If said address
appears in some state, territory or
country other than the State of
Florida, then said notice may be
published in the county wherein the
board may have its headquarters.
Said notices shall contain the name
of the registrant, his last known ad-
dress, the number of his registration
certificate under which he has been
registered to practice in Florida, the
time of the preferring of the charges,
the date set for the hearing of said
charges, the nature of the charges
and the place where said hearing will
be held. Due proof of service or of
publication shall be filed with the
secretary of the board and shall be
recorded by him in the minutes of
the boards. x x x

471.36 Roster of engineers.-The
board shall, during the month of
April in each year, certify and pub-
lish a complete list of registered pro-
fessional engineers, with their busi-
ness addresses, in a newspaper pub-
lished in the State of Florida.

LAND SURVEYORS
472.12 The board shall, during the
month of April of each year, certify
and publish a complete list of regis-
tered land surveyors with their busi-
ness addresses in a newspaper pub-
lished in the State of Florida.

PUBLIC ACCOUNTANTS
473.13 The state board of ac-
countancy may, in its discretion, es-
tablish such rules and regulations as
to the publication of lists of persons
holding Certificates as certified public
accountants and public accountants,
as may in the judgment of the board


be for the best interests of the pro-
fession.
MARKED BOTTLES AND BOXES
506.01 Description to be published.
-Any person engaged in manufac-
turing, bottling or selling soda waters,
mineral or aerated waters, porter,
ale, beer, cider, ginger ale, small
beer, lager beer, weiss beer, white
beer or other beverages or medicine,
medical preparations, perfumery, oils,
compounds or mixtures, in bottles,
siphons, fountains, tins or kegs, with
his name or other marks or devices
branded, stamped, engraved, etched,
blown, impressed or otherwise pro-
duced upon such bottles, siphons,
fountains, tins or kegs, or the boxes
used by him shall cause a descrip-
tion of the name, marks or devices
to be printed once each week, for
three weeks successively, in a news-
paper published in the county in
which notice was filed with the clerk
of the court.
ICE CREAM CONTAINERS
506.32 Any person seeking to reg-
ister names, marks or devices under
the milk and ice cream container law
shall first cause such description to
be printed once in each week, for two
weeks successively, in a newspaper
published in the county in which
said description may be filed with the
circuit clerk.
506.34 Proof of publication; notice
of intention. The affidavit of the
printer or publisher of a newspaper
published within this state, or of his
foreman or clerk, showing the publi-
cation of the description required by
506.32, annexed to a printed copy
of the notice as published, shall be
received as evidence of the publica-
tion, and also of the matters therein
stated, in all courts and places.
HOTELS
510.06 Notice of time and place
of sale of unclaimed articles left in
hotels, apartments, rooming or
boarding houses shall be advertised
in a newspaper published at or near-
est the place where such articles
were left and where such sale is to
take place, once a week for four con-
secutive weeks, or by three notices
posted in a public place. Such notice
shall contain a description of the










FLORIDA LAW OF THE PRESS


article or articles to be sold and the
time and place of sale.

511.45 Advertising r o o m rates,
particular data to be included; pen-
alties.-It shall be a misdemeanor
for any person who operates, or who
has control of the operation of, any
hotel, apartment house, rooming
house, motor court, tourist camp or
trailer camp, as the same are defined
by Chapters 510, 511 and 513, Florida
Statutes, to publish or cause to be
published (orally, in writing, or by
any other means) any advertisement
which includes a statement relating
to the room rates obtaining at such
hotel, apartment house, rooming
house, motor court, tourist camp or
trailer camp, unless such advertise-
ment shall with equal prominence
contain additional data relating to
such room rates in the following par-
ticulars:
(a) Whether the rate advertised is
for single or multiple occupancy of
the room:
(b) The number of rooms available
in each price level where such ad-
vertisement indicates varying rates;
and
(c) The dates or period of time
during which such advertised rates
are available. x x x
The provisions of this section do
not apply to any listing in a direc-
tory published in book or pamphlet
form by any non profit association
composed of hotels, or of apartment
houses, or of rooming houses, or of
motor courts, or of tourist camps, or
of trailer camps. x x x

SMALL LOAN BUSINESS
516.05 In making investigations
of the facts concerning an applica-
tion for license to operate a small
loan business, the licensing official
may hold a public hearing, at least
ten days' notice of which shall be
published in a newspaper of general
circulation in the community where
the applicant proposes to do busi-
ness.

DOG AND HORSE RACING
550.06 The clerk of board of
county commissioners shall publish
notice of election for ratification of
racing permit once each week for
two consecutive weeks in one or more


newspapers of general circulation in
said county.

INTOXICATING BEVERAGES
562.40 Upon the filing of a return
of a schedule of property seized, the
clerk of the circuit court shall issue
a citation, directed'to all persons,
firms and corporations owning, hav-
ing or claiming an interest in or lien
upon the seized property, giving no-
tice of the seizure and directing that
all persons, firms or corporations
owning, having or claiming an inter-
est therein or lien thereon to file
claim to, on, or in said property
within the time fixed in said citation,
as to persons, firms and corporations
not personally served, and within
twenty days from personal service of
said citation, if the value of the
property is shown by the return to
have an approximate value of more
than $400.00. The citation shall be
published once a week for three con-
secutive weeks in some newspaper of
general publication published in the
county, if there be such a newspaper
published in the county, and notice
of such publication place be made
by affidavit as provided in chapter
49, Florida Statutes, which affidavit
shall be filed and become a part of
the record in the cause. Failure of
the record to show proof of such
publication shall not affect any judg-
ment made in the cause unless it
shall affirmatively appear that no
such publication was made.

FORM
IN THE CIRCUIT COURT OF THE
.........JUDICIAL CIRCUIT, ON AND
FOR........ COUNTY, FLORIDA.
IN RE FORFEITURE OF THE
FOLLOWING DESCRIBED
PROPERTY:
(here describe property)
THE STATE OF FLORIDA TO:
ALL PERSONS, FIRMS AND CORPORA-
TIONS OWNING, HAVING OR
CLAIMIING AN INTEREST IN OR
LIEN ON THE ABOVE DESCRIBED
PROPERTY:
YOU AND EACH OF YOU are hereby
notified that the above described prop-
erty has' been seized, under and by virtue
of 'chapter 562, Florida Statutes *as
amended, and is now in the possession
of the Board of County Commissioners of
this county, and you, and each of you,
are hereby further notified that a peti-
tion, under said chapter, has been filed
in the Circuit Court of the................ .
Judicial Circuit, in and for..............
County, Florida, seeking the forfeiture of
the said property, and you are hereby di-
rected and required to file your claim, if
any you have, and show cause, on or










FLORIDA LAW OF THE PRESS


before--..... ..... 195...., if not per-
sonally served with process herein, anp
within twenty days from personal service
if personally served with process herein,
why the said property should not be for-
feited pursuant to said chapter. Should
you fail to file claim as herein directed
judgment will be entered herein against
you in due course. Persons not person-
ally served with process may obtain a
copy of the petition for forfeiture filed
herein from the undersigned clerk of
court.
WITNESS my hand and the seal of the
above mentioned court, at- ---
Florida, this ............... ........... 195...
(pOURT SEAL)
Clerk of the above mentioned court
By ..........-----------..-..........---
Deputy Clerk

BEVERAGE LAW
562.405 Sales of property under
judgment of forfeiture shall be at
public sale to the highest and best
bidder therefore for cash after two
weeks' public notice as the court may
direct.

LOCAL OPTION ELECTIONS
567.01 County commission shall
give thirty days' notice of a local
optional election by publishing a
copy of the order for election in one
newspaper in each and every town in
the county in which a newspaper is
published. Proof of publication shall
be filed with the board.

SEA ISLAND COTTON
579.06 County commissioners shall
give notice of an election on the
creation of a cotton production con-
trol district for not less than thirty
days preceding the election date.
SOIL CONSERVATION
582.01 When used in soil conser-
vation law, "due notice" means notice
published at least twice, with an in-
terval of at least seven days between
the two publication dates, in a news-
paper or other publication of general
circulation within the appropriate
area, or if no such publication of
general circulation be available, by
posting at a reasonable number of
conspicuous places within the appro-
priate area, such posting to include,
where possible, posting at public
places where it may be customary to
post notices concerning county or
municipal affairs generally. At any
hearing held pursuant to such no-
tice, at the time and place designated


in such notice, adjournment may be
made from time to time without the
necessity of renewing such notice for
such adjourned dates.

582.11 Necessity for creating soil
conservation district, hearing, notice.
-Due notice to be given on the pro-
posed hearing on the question of
necessity of creating a soil conser-
vation district.

582.12 Creating soil conservation
district, referendum.-Due notice to
precede referendiun on creation of
soil conservation district.

582.14 Referendum results. -The
board shall publish the result of such
referendum.
582.18 Election of supervisors of
soil conservation districts.-Due no-
tice shall be given of election for
supervisors of each district and the
results of such election shall be
published.
582.21 Adoption of land-use regu-
lations.-Due notice shall be given by
supervisors of their intention to con-
duct referendum on adoption, amend-
ment or repeal, of land-use regula-
tions within soil conservation dis-
trict. Notice shall recite the proposed
regulations or state where copies
thereof may be examined.
582.30 Discontinuance of soil con-
servation district.-Due notice shall
be given of election on terminating
existence of soil conservation district.

LIVESTOCK BOARD
585.22 When any area is placed
under general quarantine (except
tick eradication) the board shall give
notice by publication at least once in
a newspaper to be selected by board
within county embracing quarantine
area and by posting at door of court-
house in said county.
585.24 Cattle fever tick eradica-
tion; quarantine.-When the board
decides to place any area under cat-
tle fever tick eradication quaran-
tine, public notice thereof shall be
given by publication once each week
in at least one newspaper of general
circulation to be selected by the board
in each county within said quaran-
tine area, for two successive weeks
(two publications being sufficient),










FLORIDA LAW OF THE PRESS


before work is to commence, and by
posting copies of said notice at the
door of the courthouse in each
county, at least eight days before the
commencement of the work. x x x

585.25 Dipping schedules.-Notice
of adoption of resolution fixing dip-
ping schedule for animals in cattle
fever tick eradication quarantine
area shall be published once a week
for two successive weeks, two publi-
cations being sufficient, in a news-
paper published in or near the area
of quarantine and by posting said
.notice at courthouse door in the
county or as near as convenient to
every dipping vat to be used, for
eight days before dipping shall begin.
585.30 Fever tick eradication;
procedure where owner fails or re-
fuses to dip.-Notice of public sale
of cattle impounded for failure to
dip, shall be published two times in
newspaper published in the county
where cattle are penned. First pub-
lication shall be not less than ten
days prior to sale date.

LIVESTOCK AT LARGE

588.17 Disposition of impounded
livestock.-In the event the owner of
impounded livestock is unknown or
cannot be found, service upon the
owner shall be obtained by once pub-
lishing a notice in a newspaper of
general circulation where the live-
stock is impounded (Sundays and
holidays excluded). Such notice shall
be in substantially the following
form:
FORM
TO WHOM IT MAY CONCERN:
You are hereby notified that the fol-
lowing described livestock (giving full
and accurate description of same, includ-
ing marks and brands) is now impounded
at (giving location where livestock is
impounded) ..-.............................. .- ...........
and the amount due by reason of such
impounding is .. .... ......... dollars.
The above described livestock will, un-
less redeemed within three days from
date hereof, be offered for sale at public
auction to the highest and best bidder for
cash.
--. .- .--------------- .- .---------------


Date
Sheriff of ......


..County, Florida


Notice of sale of unredeemed im-
pounded livestock shall be published
in a newspaper of general circulation
in the said county (excluding Sun-


days and holidays) and by posting a
copy of such notice at the court
house door. Such notice of sale shall
be in substantially the following
form:

FORM
(Name of owner, if known, otherwise
'To Whom It May Concern') you are
hereby notified that I-will offer for sale
and sell at public sale to the highest and
best bidder for cash the following de-
scribed livestock (giving full and accu-
rate description of each head of live-
stock) at .......- ...... ......o'clock, ....... M .
(the hour of sale to be between 11 o'clock
A.M. and 2 o'clock P.M. Eastern Stand-
ard Time )on the..................day of........
at the following place ............................
(which place shall be where the livestock
is impounded or at the place provided by
the county commissioners for the taking
up and keeping of such livestock) to sat-
isfy a claim in the sum of.................... for
fees, expenses for feeding and case and
costs hereof.
Date
Sheriff of............ ...County, Florida

BOARD OF FORESTRY
589.10 Disposition o f lands.-
Thirty days' public notice of the dis-
position of lands under the jurisdic-
tion of the board of forestry shall be
given in the manner deemed reason-
able by the board.
590.01 Protection of forests. -
Public notice of the establishment of
forest protection districts shall be
published in some one or more news-
papers of general circulation in the
region affected, once each week for
three successive weeks (three inser-
tions), and such additional publicity
shall be given to the establishment
of said district as the board may
deem necessary.
591.21 Sale of forest products.-
The sale of forest products in excess
of five hundred dollars for the total
contract shall be advertised in one
issue each of two consecutive weeks
in a county newspaper of general
circulation.
CITRUS FRUIT
601.12 Orders, rules and regula-
tions of said commission shall be
published one time within ten days
after promulgated in at least one
daily newspaper of general circula-
tion in each of two cities within the
citrus producing area of state to be
selected by commission.









FLORIDA LAW OF THE PRESS


CORPORATIONS
608.10 The certificate of incorpo-
ration or by-laws of a corporation
may require notice of the time and
place of stockholders meetings to be
published in one or more newspapers
in addition to mailing notice. Where
directors fix a date prior to a meeting,
when the stock transfer book will be
closed for purpose of determining
stockholders eligible to vote and to
notice of meetings and adjournment
thereof, notice shall be published five
days before the date so fixed in a
newspaper published in the city, town
or county where the corporation's
principal office is located and in each
town or city where an agency for
transfer of shares is maintained.

608:27 Dissolution, voluntary. -
The secretary of state shall publish
one time in a newspaper published in
the county where the principal of-
fice of the corporation is located, a
notice that a resolution to dissolve a
corporation has been filed. The
manager or publisher of such news-
paper shall file with the secretary of
state proof of publication of the no-
tice and payment by the corporation
of the cost of publication.
608.36 Dissolution or cancellation
of permit, failure to report and pay
capital stock tax.-The secretary of
state shall publish annually, on Jan-
uary first, a list of corporations sub-
ject to dissolution or permit cancel-
lation for failure to pay capital stock
tax, giving notice by publication in a
newspaper one time in the county in
which the home office of each domes-
tic corporation is located and in a
p a p e r published in Tallahassee,
Florida, in cases of foreign corpora-
tions, that a proclamation dissolving
or cancelling the permits of such
corporations will be issued three
months from the date of publication.
FAIRS OR EXPOSITIONS
615.08 Notice of the time, place
and purpose of the first meeting of
the corporation shall be published
once a week for at least two weeks
before such meeting in a newspaper
published in the county where the
corporation has its principal place
of business if such notice is not
waived by majority of subscribing in-
corporators.


615.15 Increase and reduction of
capital stock.--Any corporation or-
ganized under this chapter may in-
crease or reduce its capital stock to
any amount by holding an election
of the stockholders at its place of
business after having published no-
tice of the time, place and object
of the meeting once a week for two
successive weeks prior thereto in a
newspaper published in the county.
xxx

PUBLIC FAIR ASSOCIATIONS
616.03 Notice of intention to ap-
ply for charter to conduct and oper-
ate public fairs and expositions for
development of agricultural, horti-
cultural, livestock and other state
and county resources, stating the
time when the application will be
made, shall be published in a news-
paper in the county where the prin-
cipal office of said association shall
be located once each week for four
consecutive weeks, setting forth
briefly the charter and objects of
the association to be formed.
616.05 Charter amendment.-No-
tice by publication shall be given of
charter amendments of such asso-
ciations.

NON PROFIT CORPORATIONS
617.05 Any such corporation wish-
ing to dissolve may present a peti-
tion to the circuit judge, who shall
direct notice thereof to be published
for such time as he may judge to
be expedient, x x x
617.14 Incorporation of labor
groups.-Notice of intention to pre-
sent the proposed charter to circuit
judge shall state the name of the
judge, date the charter will be pre-
sented, and general nature and ne-
cessity of the charter, and be pub-
lished in a newspaper of general cir-
culation in the proper county at least
ten days prior to filing.
AGRICULTURAL MARKETING
ASSOCIATIONS
618.11 By-laws of said associa-
tions may require notice of meetings
to be given by publication in news-
paper of general circulation pub-
lished at principal place of business
of association, ten days prior to
meeting, instead of mailing notice.









FLORIDA LAW OF THE PRESS


618.25 Dissolution.-Notice of fil-
ing petition to dissolve an agricul-
tural cooperative marketing asso-
ciation with circuit judge shall be
published for such time as judge
directs.
LIMITED PARTNERSHIP
620.31 List of limited partnerships
failing to renew certificates of
authority to do business shall be
published in a newspaper one time
in county of location of home office
of said partnerships.
FOREIGN ASSOCIATIONS
622.06 Every foreign association
may transact business in this state
in its name, without including as a
part thereof, or displaying or pub-
lishing in connection or conjunction
therewith, the words "not incorpo-
rated," or any similar words, and
without making any other showing
or display of the fact that it is un-
incorporated, and without recording,
registering or publishing its name as
a trade, business or fictitious name.
Any other law or laws heretofore or
hereafter enacted with respect to an
unincorporated association, company
or group of persons doing business
under any trade, business or fictitious
name or style including the word
"company" or "association" or "so-
ciety," or with respect to the record-
ing, registration or publication of any
trade, business or fictitious name or
style, shall not apply to nor govern
nor control an association, and every
association is and shall be exempted
from the provisions and requirements
thereof.
INSURANCE
625.11 Notice of revocation of
certificate of authority of any in-
surer or surety company, for failure
to pay any judgment or decree or
for attaching an unlawful provision
to a fire insurance policy, shall be
published in some weekly or daily
newspaper published in Tallahassee
or Jacksonville, Florida, for at least
one week.
626.01 Examinations of affairs of
insurers or proposed insurers.-Re-
sults of such examinations may, in
discretion of insurance commissioner,
be published in one or more news-
papers of state.


626.08 Revocation of certificate.-
Notice of revocation of certificates of
any insurer or surety company shall
be published in some newspaper pub-
lished at the capital.

626.09 Statements, etc., to be pub-
lished.-The insurance commissioner
shall annually in the month of
April publish in some newspaper
published at the capital, a list of all
insurers authorized to do business in
this state, showing in tabular form
the assets, liabilities and other essen-
tial data and information regarding
the statements made and accepted.

626.15 Duties of receiver; filing of
claims, etc.-A receiver appointed for
any insurance, indemnity or surety
company shall, within thirty days
after his appointment, cause notice
of his appointment to be given by
advertisement in a newspaper irt
Leon County, Florida, once each week
for eight consecutive weeks, and call-
ing on all persons who may have
claims against such insurance, in-
demnity or surety company to pre-
sent the same to the receiver, and to
make legal proof thereof.

631.08 Securities of fire insurance
companies.-Notice of sale of bonds
filed as securities shall be advertised
for thirty days prior to sale date in
some paper published in the City of
Tallahassee. Said notice shall indi-
cate the bonds to be sold and the
company depositing them.

649.02 Insurance Commissioner;
examination. Commissioner may
publish in one or more newspapers
of the state the results of his exami-
nation of the affairs of a limited
surety company.
649.06 Deposit required and cir-
cumstances under which released.-
When a limited surety company has
ceased to do business and examina-
tion by the commissioner shall not
disclose any unsettled claims or out-
standing obligations, the commis-
sioner shall publish once each week
for four consecutive weeks in a
newspaper of general circulation of
the county in which the office and
principal place of business of the
company is located, calling for the
filing of any claims within 90 days
of the date of the first publication.










FLORIDA LAW OF THE PRESS


649.19 Limited surety companies.
-Notice of revocation of certificate
of authority of such companies shall
be published in some newspaper pub-
lished at the capital.

BANKS
658.07 Statement of bank or trust
companies' assets and liabilities shall
be published in a newspaper pub-
lished in county where bank or trust
company is located. Copy of publica-
tion and affidavit of publication shall
be filed with bank commissioner and
tax assessor.
659.05 Certificate of authorization
to transact business.-Said certificate
shall state that the corporation
named therein is authorized to
transact a general banking or trust
business, and the bank or trust com-
pany shall cause said certificate to
be published one time in some news-
paper of general circulation pub-
lished in the city or county where the
bank or trust company is located.
659.51 Safe deposit boxes, non-
payment of rent.-The time, place
and manner of sale of contents of
safe deposit boxes for non-payment
of rent shall be posted conspicuously
on the premises of the lessor and
advertised once in a newspaper of
general circulation in the community.
660.08 Securities of trust com-
panies.-The state treasurer shall at
all times keep records of said securi-
ties filed with him, ready for inspec-
tion and he shall allow said records
to be inspected by any person to
whom said company is liable or by
any court or officer who shall have
appointed said company to any still
existing obligation upon which said
company is surety.
661.16 Procedure by banking com-
missioner as to unsound banks.-Or-
ders of commissioner freezing de-
posits of unsound banks and trust
companies shall not become effective
until ten days' notice by publication
of intention of commissioner to apply
to circuit court where bank is lo-
cated, or of Leon County, to have
such order confirmed.
661.18 Unsound banks; approval
of segregation and settlement plan.-
Notice of approval of said plan and
appearance date for court confirma-


tion of the plan, shall be published
in a newspaper located in the county
in which the bank is located; if no
newspaper is published in the county,
then in a newspaper published in an
adjoining county.

661.21 Notice to present claims.
-When liquidator has been ap-
pointed for bank or trust company,
notice to persons having claims
against such company to present the
same and make legal proof thereof,
shall be given by advertisement in
a newspaper of general circulation
in county where bank or trust com-
pany is located, and each week for
nine consecutive weeks.

661.32 Reorganization; banks un-
der conservatorship. Commissioner
shall give ten days' notice of the
date that plan of reorganization of
said banks will be presented to the
court for confirmation by publication
in a newspaper located in the city
or county in which the institution to
be reorganized is situated, and if
there is no newspaper within said
city or county, publication may be
made in such newspaper as shall be
designated by the commissioner.
661.33 Conservator's return of
banking business to board of direc-
tors.-When the affairs of a bank or
trust company under conservatorship
has been turned back to its board of
directors, notice thereof shall be pub-
lished in a newspaper in the city or
town or county in which such bank
is located, and if no newspaper is
published in such city, town or
county, then in a newspaper in an
adjoining county to be selected by
the commissioner.
661.39 Voluntary liquidation. -
Notice of voluntary liquidation shall
be made for two months in a news-
paper of general circulation located
in the county in which the bank is
closing up its affairs and notifying
its creditors to present claims against
bank for payment.
BANK LIQUIDATION FORM
NOTICE is hereby given that all of the
stockholders of the Bank of...-.......-..........
a corporation with its principal place of
business in the City of .... .............. ,
-......-...-.- .... county, Florida, have voted
that the said banking company go into
voluntary liquidation and dbe c 1 osed,
which fact has been certified to the
Banking Commission of the State of Flor-










FLORIDA LAW OF THE PRESS


ida, and said company now closing up its
affairs. All creditors of said banking
company are hereby notified to present
their claims against the company for
payment within the time provided by
law.
By order of Board of Directors this
10th day of January, 195.....
President
ATTEST:
Cashier
(SEAL)
January 14, 21, 28, February 4, 11, 18, 25,
March 3, 10 and .17. 195 .....

661.44 Unclaimed redistributed
dividends. Before the cancellation
of any such dividend checks or war-
rants, thirty days' notice of inten-
tion so to do shall be published in the
county in which the bank or trust
company is or was located, and if no
newspaper is located within said
county, then the notice shall be pub-
lished in a newspaper of general cir-
culation in an adjoining county.

BUILDING AND LOAN
ASSOCIATIONS
665.03 The articles of incorpora-
tion of said association, together with
notice of intention to apply to the
governor for letters patent thereon,
shall be published one time in a
newspaper, published in the county
where the place of business is to be
located, which notice shall be signed
with the names of at least five of
the subscribers.

665.09 Publication of comptrol-
ler's certificate. The association
shall cause the certificate of author-
ity to conduct business to be pub-
lished one time in a newspaper pub-
lished in the city or county where
the association is located.

665.11 Board of directors, election.
Notice of election of board of
directors shall be given at least ten
days previous thereto, by publication
in some newspaper of general circu-
lation published in the town or city
where such association is located, or
if no such newspaper is published,
then in some newspaper within the
county, or the one nearest said lo-
cation. xx x

666.03 Voluntary dissolution.-A
building and loan association shall
publish notice of voluntary dissolu-
tion once each week for eight con-


secutive weeks in a newspaper pub-
lished in the town or county in which
the association is located, and such
notice shall set forth the fact that
the association plans to voluntarily
close out its affairs, and call on all
creditors and stockholders to present
their claims.

666.06 Requirements of associa-
tions liquidating under other state
law to continue under this chapter.-
The provisions of this chapter shall
apply to associations that shall here-
after avail themselves of such pro-
visions and to associations which
were liquidating under chapter 16841,
acts of 1935, on June 12, 1939, pro-
viding the trustees of such an asso-
ciation shall resolve to continue the
liquidation of such association under
the provisions of this chapter, in
which event a copy of such resolution
shall be published in the town or
county in which the association is
located once a week for four con-
secutive weeks and a certified copy of
such resolution, together with proof
of publication thereof, shall be filed
with the comptroller. x x x

667.09 Publication of notice call-
ing for proof of claims against asso-
ciation.-The comptroller shall, after
the confirmation of the appointment
of such liquidator, cause notice to
be given by advertisement in a news-
paper in the county where the asso-
ciation is located, once each week for
nine consecutive weeks, calling on
all persons who may have claims
against such association to present
the same and to make legal proof
thereof.

WAREHOUSEMEN
678.33 Advertisement of sale of
goods to satisfy warehousemen lien
thereon shall describe the goods to
be sold, the name of owner or person
on whose account the goods are held,
and the time and place of sale and
shall be published once a week for
two consecutive weeks in a news-
paper published in the place where
such sale is to be held.

678.34 Perishable and hazardous
goods.-If goods are of a perishable
nature, or by keeping will deteriorate
greatly in value, or will be liable to
injure other property, warehouseman
may, after failure of owner to satisfy









FLORIDA LAW OF THE PRESS


lien, sell goods at public or private
sale without advertising.
678.37 Sale of unclaimed goods.-
Notice of sale of perishables un-
claimed for ten days shall be given
for two days and sale of nonperish-
ables unclaimed for ninety days shall
be given for thirty days in one news-
paper published at the place of sale,
designating the time and place of
said sale.

CHATTEL MORTGAGES

698.03 Notice of sale of property
under mortgage to U. S. Government
or any agencies thereunder making
agricultural loans, shall be published
at least twice, the first of which shall
be not less than twenty days prior
to sale, in a newspaper published in
county where sale shall occur. If no
newspaper is published in said
county, then publication may be in
newspaper published in adjoining
county. Notice shall describe prop-
erty to be sold, state time, place and
conductor of sale and amount due.

LIVESTOCK MORTGAGES
699.02 Notice of sale of livestock
under mortgage shall be published at
least twice, the first of which shall
not be less than 15 days prior to sale,
in a newspaper published in county
where sale shall occur. If no news-
paper is published in said county,
then publication may be in news-
paper in adjoining county. Notice
shall describe mortgaged property to
be sold, state time and place of sale,
name of person conducting sale and
amount due.

MORTGAGE FORECLOSURE

702.02 Notice of sale of mortgaged
property under final decree of fore-
closure shall be published once only
at least 7 days prior to the sale, in
a newspaper circulated in the county
where the sale is to be held and shall
contain a description of the property
to be sold; the time and place of
sale, a statement that the sale will
be made pursuant to a final decree of
foreclosure, specifying the court in
which the cause be pending and the
docket number of the case, and the
name of the clerk making the sale.


WRECKED COTTON
706.01 Persons taking up cotton
afloat in the rivers of this state shall
give early notice of such finding, by
advertisement at the port to which
said cotton was destined, giving the
marks or brands on said cotton, the
place of finding and the finder's
name.

LOST TIMBER
706.11 The public custodian of
timber and lumber immediately upon
the recovery of any timber or lumber
shall give notice for five days in some
newspaper published at said cus-
todian's port giving the description,
quantity and stamp of such timber
or lumber, stating that unless said
timber or lumber be called for and
identified by the owner within five
days, the same will be sold as pro-
vided in 706.14. x x x
706.14 Sale of lost timber.-Notice
of said sale shall be advertised for
five days.

ESTRAYS
707.08 Estrays. Circuit court
clerk shall advertise description and
name of taker-up of estrays at court-
house door and in a newspaper pub-
lished in county once a week for
four weeks.
707.09 Sale of Estrays.-Ten days'
notice of said sale shall be given at
such places as is usual for advertis-
ing sheriff's sales of the county.
cf.-55.44 Execution sales, notice.

GENERAL ASSIGNMENTS
727.05 Notice.-Assignee shall give
notice of assignment by publication
in a newspaper, published in the
county where the assigned property
is situated or wherein a portion of
the same is, once a week for four
consecutive weeks, to all the credi-
tors of the assignor, calling upon said
creditors to file with him within sixty
days, if such creditors reside in the
state, or if beyond the limits of the
state, within four months, sworn
statements of their claims against
said assignor by mail a copy of the
newspaper containing said notice to
each of the said creditors, as far as
he may know them.










FLORIDA LAW OF THE PRESS


727.08 Discharge of assignee. -
Assignee's notice of application for
discharge shall be published for 30
days in newspaper in county where
original notice of assignment was
made.
(See 727.05)

PROBATE OF ESTATES

732.09 Citation by publication to
answer any petition may be pub-
lished once a week for four consecu-
tive weeks, four publications being
sufficient, in a newspaper published
in the county where the court is lo-
cated in substantially the following
form:

NOTICE BY PUBLICATION
'-_IN THE COUNTY JUDGE'S COURT....
-.................... County, Florida
Estate of ..-------.-----------. Deceased.
The State of Florida to............-......---
and all other persons concerned:
You are hereby notified that a petition
has been filed in said court praying for
......... ........ -... .. ....... -----
and you are hereby required to file your
written defenses thereto within forty
days after the first publication or posting
hereof. Should you fail therein, decree
will be entered in due course upon said
petition.
WITNESS my hand and the seal of said
Court at --....... ... --- ..County, Florida,
this......... ..day of ._.._......-... ........,
A. D. 19.....
County Judge
By....... -. --. ... .... ..
Clerk
First published or posted on ...-......
732.10 Service or publication when
not otherwise provided.-When any
citation, notice, pleading or other
writing is required by this law to be
served or published and the manner
thereof is not specified, such service
or publication may be made as pro-
vided in this law for the service or
publication of citations.

732.28 Notice of probate.-Notice
of the admission of a will to probate
shall be published once a week for
four consecutive weeks in a news-
paper published in the county, four
publications being sufficient, ad-
dressed to all persons interested, in
substantially the following form:

NOTICE BY PUBLICATION
IN THE COUNTY JUDGE'S COURT
-----............. ............ County, Florida
Estate of ......... ,---- Deceased.
The State of Florida to all persons in-
terested in the estate of said decedent:


You are hereby notified that a written
instrument purporting to be the last will
and testament of said decedent has been
admitted to probate in said court.
You are hereby commanded within six
calendar months from the date of the
first publication of this notice to appear
in said court and show cause, if any you
can, why the action of said court in ad-
mitting said will to probate should not
stand unrevoked.
County Judge
---........... County, Florida
By-- -------
Clerk
First publication on ..............................

733.15 Notice to creditors.-Every
personal representative shall cause a
notice to be published once a week
for four consecutive weeks, four pub-
lications being sufficient, in a news-
paper published in the county where-
in said letters have been granted,
notifying all persons having claims
or demands against the estate of the
decedent to file their claims in the
office of the county judge granting
such letters within eight calendar
months from the time of the first
publication of said notice. x x x

NOTICE BY PUBLICATION
IN THE COUNTY JUDGE'S COURT, IN
AND FOR..._..... ...- ........-- COUNTY,
FLORIDA.
IN PROBATE
No. ---- --
IN RE: Estate of:
Deceased.
To all Creditors and All Persons Having
Claims or Demands Against Said Es-
tate:
You, and each of you, are hereby noti-
fied and required to present any claims
and demands which you, or either of
you, may have against the estate of
.......................-.. .-..~.. deceased, late of
-__ -- -..., County, Florida, to the
Honorable --........... -- ---... County
Judge of --._-...... ..... County, and file
the same in his office in the County
Court House in... _......_...-... County,
Florida, within eight calendar months
from the date of the first publication
hereof. Such claims or demands to con-
tain the legal address of the claimant
and to be sworn to and presented as
aforesaid, or same will be barred. See
Section 733.16, Florida Statutes.
Date -..... --.._............ 19 ......
As Administrator of the Estate of
As executor of the Last Will and
Testament of
Deceased.
Attorney for --..--...........
First publication on ......... 19..

734.22 Final settlement and dis-
charge.-Notice of filing of personal
representative's final report and ap-









FLORIDA LAW OF THE PRESS


plication for discharge shall be pub-
lished once a week for four consecu-
tive weeks, four publications being
sufficient.

NOTICE BY PUBLICATION
NOTICE OF FILING FINAL RETURN,
AND PETITION FOR FINAL
DISCHARGE
IN THE COUNTY JUDGE'S COURT IN
AND FOR DADE COUNTY, FLORIDA,
-IN PROBATE, NO. 25199.
In re: Estate of
I. B. RAULERSON, a/k/a
IGNATIUS BROWN RAULERSON,
DECEASED.
Notice is hereby given that I have filed
my final account as administratrix of the
estate of I. B. RAULERSON, a/k/a IG-
NATIUS BROWN RAULERSON, DE-
CEASED; that I have filed my petition
for final discharge; and that on the 12th
day of October 1951, I will apply to the
Honorable W. F. Blanton, County Judge
of Dade County, Florida for approval of
said final account and for final discharge
as administratrix of the estate of I. B.
RAULERSON a/k/a IGNATIUS BROWN
RAULERSON, Deceased.
This llth day of Sentember, 1951.
ELIZABETH P. RAULERSON,
Administratrix,
KANTER & MARKS
Attorneys for the Administratrix
9/12-19-26 10/3

734.25 Determination of benefici-
aries.-In a petition to determine
beneficiaries or amounts and shares
due to each, citation shall be pub-
lished, directed to all persons claim-
ing beneficial interest in decedent's
estate, where there are or may be
unknown persons having interest in
said estate.
cf.-732.09 citation by publication.

734.32 Estates of persons absent
for seven years.-Notice of date of
hearing on application for letters of
administration on estate of person
believed dead because of seven years'
absence shall be published as pro-
vided in this law.
cf.-732.10 method of publication
when not otherwise provided.

734.34 Legal presumption o f
death.-Notice of the establishment
of legal presumption of death shall
be published as provided in this law,
and also once a week for four con-
secutive weeks in a newspaper pub-
lished at or nearest the place where
the supposed decedent was last heard
from, requiring the supposed de-
cedent, if alive, or any person for
him, to produce, within three months
from the date of its first insertion,


satisfactory evidence of his con-
tinuance in life.

735.10 Administration unnecessary,
optional publication of notice. -
Those who shall have procured the
entry of the order of administration
unnecessary, or any one or more of
them may, at their election, publish
a notice to all persons having claims
or demands against the estate of the
decedent, that an order of admin-
istration unnecessary has been en-
tered by the county judge. Such no-
tice shall specify the total cash value
of the estate and the names and ad-
dresses of those to whom it has been
assigned by such order. Such notice,
if published, shall be published once
a week for four consecutive weeks
in a newspaper published in the
county wherein such order was en-.
tered, and proof of publication filed
with the county judge.
GUARDIANSHIP
744.29 (1) When a notice or ci-
tation is required to be published in
a newspaper by this law, unless
otherwise specified by law, publica-
tion shall be once a week for four
weeks in a newspaper authorized to
publish legal notices in the county
of the guardianship, four publica-
tions being sufficient. If no news-
paper is published in the county of
the guardianship, then such notice
may be published as aforesaid in a
newspaper authorized to publish le-
gal notices in any adjoining county.
In lieu of publication in a newspaper
in an adjoining county, such nbtice
or citation may be by posting at not
fewer than three public places in the
county of the guardianship, one of
which shall be at the courthouse,
such other places to be prescribed by
the county judge. Proof of publica-
tion or of posting shall be by affida-
vit.
When notice or citation is required
by this law and the manner and
duration of such notice or citation is
not specified, such notice or citation
may be in such manner and for such
length of time before the hearing as
the county judge may deem proper.
xxx

744.33 Appointment of guardian
for incompetent, hearing.-Notice of
filing of petition for appointment of
guardian for incompetent, when fil-









FLORIDA LAW OF THE PRESS


ing is subsequent to adjudication of
incompetent, shall be given respond-
ent and relatives, if any can be found
within judge's jurisdiction, if not,
then by publication or otherwise as
judge deems proper.

745.02. Leases of oil, gas or min-
eral rights. The guardian of the
property of the ward shall give no-
tice of date and place of hearing on
petition for appointment of guardian
to make oil, gas or mineral lease upon
real estate of ward, for one week
prior to the time the county judge
shall hear such petition, by publish-
ing the same in some newspaper of
general circulation in the county in
which leases are to be issued, and in
the county where the land is located,
one issue of the paper in each county
being sufficient. Notice shall state
time and place where such petition
will be heard.

CURATORS

747.07 The appointment of a cur-
ator for an incompetent shall be
made only after a hearing upon due
notice to his or her family, or rela-
tives, or after such personal or such
published notice as may be required
by an order of court.

CLOSING HIGHWAY

779.14 Seven days' notice shall be
given prior to hearing on petition
to close or restrict use of highways
for security reasons by publication
in a newspaper having general cir-
culation in the city, town or county
in which such property is located.

FICTITIOUS NAME

865.09 Intention to register ficti-
tious name under which person pro-
poses to operate with clerk of court
shall be advertised at least once a
week for four consecutive weeks in
some newspaper as defined by law in
county where registration is to be
made.


NOTICE BY PUBLICATION
NOTICE IS HEREBY GIVEN that the
undersigned, desiring to engage in busi-
ness under the fictitious name of....
------------------------------........... at .................. ..........
(address)
intends to register the said name with
the clerk of the circuit court of -....
county, Florida.
Dated at .----. .... ............ Florida, this
day of ...........----........ A. D. 19 ..
Owners
Date of first publication .....-- .........

NOTICE OF STATE APPEAL
924.13 Trial court may order no-
tice to defendant of appeal by state
by publication in such newspaper and
for such time as it deems proper.

INQUESTS
936.14 The coroner shall publish
in some public newspaper printed in
or nearest to the county where body
was found, the name and description
of the deceased, if the same can be
ascertained, and the amount of
money, property or other valuables
found in his possession, in cases in
which no person entitled thereto
shall claim the same.
EXECUTIVE CLEMENCY
940.02 When any person intends
to apply for the remission of any fine
or forfeiture, or the commutation of
any punishment, or for a pardon, he
shall cause to be posted for the pe-
riod of ten days, at the court house
door and in two or more other places
in the county where the offense for
which the fine, forfeiture, punish-
ment, penalty or sentence sought to
be remitted, commuted or pardoned
shall have been committed, or to be
published for such period in a news-
paper in said county, a notice that
he will make application, one copy
of which shall, except when pub-
lished in a newspaper, be posted in
the neighborhood or settlement where
the same was committed. Such no-
tice shall state the nature of the
charge or oense of which he was
convicted, and the time or term of
the court when convicted.










FLORIDA LAW OF THE PRESS


METHODS OF AMENDING OR REVISING THE CONSTITUTION


ARTICLE XVII
Section 1. Method of amending
constitution.-Either branch of the
Legislature, at any regular session,
or at any special or extraordinary
session thereof called for such pur-
pose either in the governor's original
call or any amendment thereof, may
propose the revision or amendment
of any portion or portions of this
Constitution. Any such revision or
amendment may relate to one sub-
ject or any number of subjects, but
no amendment shall consist of more
than one revised article of the Con-
stitution.
If the proposed revision or amend-
ment is agreed to by three-fifths of
the members elected to each Houe,
it shall be entered upon their respec-
tive Journals with the yeas and nays
and published in one newspaper in
each county where a newspaper is
published for two times, one publica-
tion to be made not earlier than ten
weeks and the other not later than
six weeks, immediately preceding the
election at which the same is to be
voted upon, and thereupon submit-
ted to the electors of the State for
approval or rejection at the next
General Election, provided, however,
that such revision or amendment
may be submitted for approval or
rejection in a special election under
the conditions described in and in
the manner provided by Section 3
of Article XVII of this Constitution.
If a majority of the electors voting
upon the amendment adopt, such
amendment the same shall become
a part of this Constitution.

ARTICLE XVII
Section 2. Method of revising con-
stitution.-If at any time the Legis-
lature, by a vote of two-thirds of
all the members of both Houses, shall
determine that a revision of this
Constitution is necessary, such de-
termination shall be entered upon
their respective Journals, with the
yea's and nay's thereon. Notice of
said action shall be published weekly
in one newspaper in every county in
which a newspaper is published, for
three months preceding the next
general election of Representatives
and in those counties where no news-


paper is published, notice shall be
given by posting at the several poll-
ing precincts in such counties for six
weeks next preceding said election.
The electors at said election may vote
for or against the revision in ques-
tion. If a majority of the electors
so voting be in favor of revision, the
Legislature chosen at such election
shall provide by law for a Convention
to revise the Constitution, said Con-
vention to be held within six months
after the passage of such law. The
Convention shall consist of a num-
ber equal to the membership of the
House of Representatives, and shall
be apportioned among the several
counties in the same manner as
members of said House.

ARTICLE XVII
Section 3. Method of amending
constitution at special election.-If
at any regular or special or extra
session, the Legislature, by vote of
three-fourths of all members elected
to each House, shall determine that
any emergency requiring an early
decision by the electors of the State
exists, an Amendment to this Con-
stitution dealing with the subject
matter of such emergency may be
proposed, and if the proposed
Amendment be agreed to by a three-
fourths vote of all the members
elected to each House, the same shall
be entered upon their respective
journals with the yeas and nays
thereon. Thereupon, at the same ses-
sion, the Legislature shall provide
for a special election to be held not
less than ninety nor more than one
hundred eighty days after adjourn-
ment and for publication of notice
thereof, at which special election the
proposed Amendment shall be sub-
mitted to the electors of the State
for approval or rejection; provided,
that if a general election of Repre-
sentatives is to occur within said
period, such Amendment shall be
submitted to the electors at such
general election.
If a majority of the electors voting
upon the proposed Amendment shall
adopt the Amendment, the same
shall become a part of this Coristi-
tution. This Amendment shall not be
held to supersede or in anywise affect
any existing proposed Amendment










FLORIDA LAW OF THE PRESS


WHAT ARE PUBLIC RECORDS?

Newspaper, radio and television newsmen have a right to inspect public
records at any reasonable time during the normal office hours of the official
having custody of such records.
This applies, in the case of television and photographers, to the right to
make exact copies of such records.
However, this does not apply to all documents or other matter in such
public offices. This right of inspection applies only to official writings con-
cerning official acts of public bodies or public officials when the law requires
that a written record be made, such as public laws, titles to real property,
records of completed court proceedings when not sealed by court order,
election results and the minutes pf official acts of public bodies.
By law, such records as juvenile court proceedings, certain tax records
of the state, accident reports and some police records, much of the informa-
tion of the State Board of Health and results of investigations of such
agencies as the Florida Milk Commission and the minor state regulatory
boards are not public records and may not be seen except by permission of
the custodian. In the case of a request by the governor for an advisory
opinion from the Supreme Court of Florida, the request is not public until it
and the opinion have been returned to the governor.
Only one agency, the state senate, is authorized by the Constitution to
meet in executive or secret session, and this to consider suspensions, appoint-
ments and similar business.


shall adopt the Amendments, but
shall be regarded as an additional
method of Amendment thereto.
AMENDMENT TO U. S.
CONSTITUTION
107.03 Election of delegates.-The
delegates composing the convention
shall be held in each county of this
state on a date to be fixed by the
governor, not less than five months
and not more than ten months after
the date of the proposal by the con-
gress. The governor shall issue his
call for such election at least forty-
five days prior to the date thereof,
which, as soon as issued, shall be
published by the secretary of state
at least one time, in a newspaper of
general circulation in each county.
xxx
107.06 Clerks and inspectors;
compensation fixed.--The board of
county commissioners of each county
shall appoint clerks and inspectors
of election for such special election
in accordance with the general elec-
tion laws, except that such appoint-
ments may be made at any time more
than five days prior to the election;


whereupon they shall publish the
names of such inspectors and clerks
in a newspaper printed in the county.
xxx

ATTORNEY GENERAL'S RECORD
16.01 The attorney general shall
make and keep in his office a
record of all his official acts and pro-
ceedings, containing copies of all his
official opinions, reports and corre-
spondence, and also keep and pre-
serve in his office all official letters
and communications to him, and
cause a registry and index thereof to
be made and kept, all of which offi-
cial papers and records shall be sub-
ject to the inspection of the governor
of the state, and to the disposition
of the legislature by act or resolution
thereof.

COMPTROLLER'S RECORDS
17.17 The office of comptroller,
and his books, files, documents, rec-
ords, papers shall always be subject
to the examination of the governor
or any person he may authorize to
examine them.










FLORIDA LAW OF THE PRESS


TREASURER'S RECORDS
18.06 The office of treasurer of
Florida and his records shall always
be subject to the examination of the
governor or any person he may
authorize to examine them.

JUVENILE COURT RECORDS
39.03 .(Any record of the child)
made by any law enforcement officer
or other person except the officers
and employees of the juvenile court
(shall be made in a separate record
kept for that purpose, identifying the
child only by the initials and juve-
nile court case number of the child;
shall not be a public record; and
shall not be open to inspection by
anyone other than the officers and
employees of the juvenile court and
by the child, the parents or legal cus-
todians of the child, and their at-
torneys.
39.12 Privileged information. -
xxx
(3) Juvenile court records shall not
be public records, and shall not be
open to inspection by the public.
Records shall be inspected only upon
order of the judge, by persons deemed
by the judge to have a proper inter-
est therein, except that a child and
the parents or legal custodians of
the child and their attorneys shall
always have the right to inspect and
copy any official record pertaining to
the child. The judge may permit
authorized representatives of recog-
nized organizations compiling statis-
tics for proper purposes to inspect
and make abstracts from official rec-
ords, under whatever conditions upon
their use and disposition the judge
may deem proper, and may punish
by contempt proceedings any viola-
tion of those conditions.
(4) All information obtained in
discharge of official duty by any
judge, counselor, assistant counselor,
or employee of any juvenile court
shall be privileged, and shall not be
disclosed to anyone other than the
authorized personnel of the juvenile
court and others entitled under this
chapter to receive that information,'
except upon order of the judge.
71.18 Re-establishment of l a n d
titles destroyed by fire.-The circuit
court clerk sli- keep records of par-
ties to such sits, date petition filed


and land description, which record
shall be open to public at all times.
ADOPTION RECORDS
72.27 The court files, records and
papers in proceedings for the adop-
tion of minors are hereby declared
to be confidential, and shall be in-
dexed, where filed as required by law,
in the name borne by the minor be-
fore adoption and in the name borne
by the minor after adoption. At any
time during the progress of the cause
the court may enter an order im-
pounding all files, records and papers
therein. In all adoption proceedings,
upon entry of a final decree, the
court files, records and papers shall
be sealed and shall not be open to
inspection except upon order of said
court. Provided further, that all
adoption records of the state welfare
board and licensed child-placing
agencies are hereby declared to be
confidential, and shall not be open
to inspection.
PUBLIC RECORDS OPEN
119.01 All state, county and mu-
nicipal records shall at all times be
open for a personal inspection of any
citizen of Florida, and those in
charge of such records shall not re-
fuse this privilege to any citizen.
119.02 Penalty.-Any official who
shall violate the provisions of 119.01
shall be subject to removal or im-
peachment and in addition shall be
deemed guilty of a misdemeanor and
upon conviction shall be punished
by a fine not exceeding one hundred
dollars, or imprisonment in the
county jail not exceeding three
months.
119.03 Photographing public rec-
ords.-In all cases where the public
or any person interested has a right
to inspect or take extracts or make
copies from any public record, in-
struments or documents, any such
person shall hereafter have the right
of access to said records, documents
or instruments for the purpose of
making photographs of the same
while in the possession, custody and
control of the lawful custodian there-
of, or his authorized deputy. Such
work shall be done under the super-
vision of the lawful custodian of
the said records, who shall have the
right to adopt and enforce reason-









FLORIDA LAW OF THE PRESS


able rules governing the said work.
Said work shall, where possible, be
done in the room where the said rec-
ords, documents or instruments are
by law kept, but if the same in the
judgment of the lawful custodian of
the said records, documents or in-
struments be impossible or imprac-
ticable, then the said work shall be
done in such other room or place as
nearly adjacent to the court house
as may be, to be determined by the
board of county commissioners of the
said county. Where the providing of
another room or place is necessary,
the expense of providing the same
shall be paid by the person desiring
to photograph the said records, in-
struments or documents. While the
said work hereinbefore mentioned is
in progress, the lawful custodian of
said records may charge the person
desiring to make the said photo-
graphs for the services of a deputy
of the lawful custodian of said rec-
ords, documents or instruments to
supervise the same, or for the serv-
ices of the said lawful custodian of
the same in so doing at a rate of
compensation to be agreed upon by
the person desiring to make the said
photographs and the custodian of
the said records, documents or in-
struments, or in case the same fail
to agree as to the said charge, then
by the board of county commission-
ers of said county.
COUNTY RECORDS
125.11 The board of county com-
missioners of each county shall keep
proper minutes of their proceedings
and proper books of accounts of their
dealing with the county finance.
They shall keep their books open for
inspection.
125.13 County Commissioners' ac-
counts.-The book containing item-
ized statements of all expenditures in
the respective county commissioners'
districts shall at all times be depos-
ited in the office of the clerk of the
circuit court of the counties, respec-
tively, and shall at all times be open
and subject to inspection by any
citizen of the county.

130.13 Annual report of county
bond trustees. The said trustees
shall annually on such day as may
be required by the board of county
commissioners render a report to the


said board, in which they shall state
the amounts of money received and
for what purposes and from what
sources, severally, and when received,
and where and how the same has
been invested, and enumerating the
kind and amount of securities held
therefore, describing the same sepa-
rately, and such other matters as
may be required by the board in
order to have a full understanding;
which said report shall be published
at length by order of the board.
MUNICIPAL RECORDS
165.22 All meetings of any city or
town council or board of aldermen of
any city or town in the State of
Florida, shall be held open to the
public of any such city or town, and
all records and books of any such city
or town shall be at all times open to
the inspection of any of the citizens-
thereof.
Any city or town councilman, or
member of any board of aldermen,
or other city or town official, who
shall violate the provisions of this
section, shall, upon conviction, be
fined not more than one hundred
dollars, or be imprisoned not more
than two months.
Such conviction shall immediately
vacate the office held by such city
or town councilman, or member of
the board of aldermen, or other offi-
cer of such city or town.
INHERITANCE-ESTATE TAXES
198.09 Except in accordance with
proper judicial order, or as otherwise
provided by law, it is unlawful for
the commissioner, or any deputy
commissioner, examiner, appraiser,
attorney or other employee, to di-
vulge or make known in any manner
the value of any estate or any par-
ticulars set forth or disclosed in any
report or return required. Nothing
herein shall be construed to prohibit
the publication of statistics, so clas-
sified as to prevent the identification
of particular reports or returns and
the items thereof; provided, however,
that the commissioner may permit
the commissioner of internal revenue,
or any collector of internal revenue,
or internal revenue agent of the
United States or the proper officer
of any state imposing an estate tax
or inheritance tax, or the authorized
representative of such officer, to in-










FLORIDA LAW OF THE PRESS


spect the estate tax returns of any
individual, or may furnish to such
officer or his authorized representa-
tives an abstract of the return of
any executor or furnish information
concerning any item contained in
any return or disclosed by the report
of any investigation of the return of
any executor.

MOTOR FUEL TAXES

207.36 The records and files in
the office of the comptroller apper-
taining to this chapter shall be avail-
able to the public at any time during
business hours. x x x
208.58 Motor fuel tax refunds.-
The comptroller's records of tax re-
funds on motor fuels used for agri-
cultural or commercial fishing pur-
poses shall be open to public inspec-
tion.
209.14 Information privileged. -
Any information obtained by the
comptroller or his agent or repre-
sentative as a result of a report, in-
vestigation or verification in this
chapter authorized to be made, shall
be confidential and any person di-
vulging any such information except
upon order of a court of competent
jurisdiction or to an officer of the
state entitled to receive the same in
his official capacity shall be guilty
of a misdemeanor and upon convic-
tion shall be fined not less than
twenty-five dollars nor more than
five hundred dollars.

CIGARETTE TAXES
210.19 The (beverage) director
shall keep records showing the total
amount of taxes collected, which rec-
ords shall disclose the amount of
taxes collected for any municipality
levying a tax as herein authorized
and which records shall be open to
the public during the regular office
hours of the director.

SALES TAX ADVERTISING
212.07 Persons engaged in busi-
ness taxable under the Florida sales
and use tax shall not advertise, di-
rectly or indirectly, that any part
of the tax will be absorbed or that
the business will relieve the pur-
chaser of the payment of any or all
of the tax.


TEXT BOOK RATING
COMMITTEE

233.10 Findings of committee con-
fidential.-The findings of the com-
mittee, including the grading and
rating of books, shall be in executive
session. Any person who reveals any
of the findings of the committee ex-
cept as herein provided shall be
guilty of a misdemeanor and upon
conviction thereof shall be fined not
to exceed five hundred dollars, or
imprisoned in the county jail for a
term not to exceed six months.

ANATOMICAL BOARD

245.05 Records.-Minutes of said
board and records of receipt and
distribution of dead human bodies
are open to board members and
state's attorneys.

PUBLIC SAFETY DEPARTMENT

317.17 All accident reports made
by persons involved in accidents shall
be without prejudice to the individual
so reporting and shall be for the con-
fidential use of the department or
other state agencies having use of
the records or accident prevention
purposes, except that the department
may disclose the identity of a person
involved in an accident when such
identity is not otherwise known or
when such person denies his presence
at such accident. No such report
shall be used as evidence in any
trial, civil or criminal, arising out of
an accident, except that the depart-
ment shall furnish upon demand of
any person who has, or claims to
have, made such a report or, upon
demand of any court, a certificate
showing that a specified accident re-
port has or has not been made to
the department solely to prove a
compliance or a failure to comply
with the requirements that such a
report be made to the department.

TURNPIKE AUTHORITY
RECORDS
340.31 The secretary treasurer
shall keep full and correct minutes
of the meetings and final actions of
the authority, which minutes shall
be open to the inspection of the
public at all reasonable times.










FLORIDA LAW OF THE PRESS


STATE BOARD OF HEALTH
381.30 (1) Every person acting as
the attending practitioner, who is
authorized to practice medicine, os-
teopathic medicine, chiropractic, na-
turopathy or veterinary medicine
under chapters 458, 459, 460, 462,
and 474, Florida Statutes, shall re-
port immediately to the state board
of health, upon the diagnosis or sus-
picion of the existence of diseases
which are communicable among hu-
mans or from animals to humans.
xxx
(4) Any report made pursuant to
this act shall be treated as confiden-
tial and any fact so reported shall
not be made public except as shall
be reasonably necessary in the inter-
est of public health. No such report
shall be considered a violation of the
confidential relationship of prac-
titioner and patient.
xx
382.35 Disclosure of information.
(1) All birth records of this state
shall be considered confidential docu-
ments and shall be open to inspec-
tion only as hereinbefore or herein-
after provided for.
(2) Disclosure of illegitimacy of
birth or other information from
which it can be ascertained may be
made only upon order of a court of
competent jurisdiction where such
information is necessary for the de-
termination of personal or property
rights and then only for such pur-
poses or upon the application of
the registrant, if of legal age.
(3) Certified copies of the original
birth certificate or any new or
amendatory certificate, exclusive of
that portion containing medical de-
tails and legitimacy status, shall be
issued only by the state registrar and
only to the registrant, if of legal age,
his or her parent or guardian or
other legal representative, health and
social agencies upon approval of the
state registrar, any agency of the
State of Florida or the United States
for official purposes or upon order of
any court of competent jurisdiction.
(4) The state registrar shall, upon
request, furnish to any applicant, a
short form certificate of birth or
birth card in such form as the state
registrar may designate which shall
contain only the name, color, sex,
date of birth, place of birth, date of


filing of the original certificate and
certificate number which shall be
certified to by the state registrar. All
such short form certificates of birth
or birth cards including those for
persons born out of wedlock or of un-
known parentage or for legitimate
or adopted persons shall be identical
in form, color, size, wording and ar-
rangement of items.
(5) The state registrar shall upon
request of any person having a proper
interest therein supply a certified
copy of all or part of any marriage,
divorce or death recorded under the
provisions of this chapter.
(6) Any copy of any record regis-
tered under the provisions of this act
or any part thereof when properly
certified by the state registrar shall
be prima facie evidence in all courts
and cases of the facts therein stated.
xxx
382.44 Delayed birth certificates.
-Records of delayed birth certifi-
cates are public records.
384.10 Reports of venereal disease
cases not subject to public inspection.
-All reports of cases of venereal
disease shall be filed in a safe or
some place of safekeeping in the of-
fice of the state board of health, and
shall not be subject to public inspec-
tion. No clerk or officer of the state
board of health shall give out any
personal information as to such re-
ported cases, except upon the de-
mand of the judge of a court em-
powered to deal with the operation
of this law; nor shall the reports of
cases of venereal disease be made to
the state board of health, or any city
or county board of health, except in
a sealed, stamped envelope, which
shall be furnished the physicians of
the state without cost to them by
the state board of health; provided,
however, that all such reports shall
be available to said state board of
health and may be used by it for the
purpose of requiring persons so re-
ported as being infected with vene-
real disease to take treatment there-
for as required by law.
STATE WELFARE BOARD
409.38 (1) (a) On or before the
tenth day of October, 1951, and on
or before the tenth day of each quar-
ter thereafter each district welfare
board in the state shall file with










FLORIDA LAW OF THE PRESS


the clerk of the circuit court of every
county in its district a list of the
names of all persons who have re-
ceived welfare payments during the
previous month showing opposite
each name the amount of such pay-
ments received for such period. Such
lists shall be retained by the said
clerks of the circuit court as part
of the records of their respective
offices.
(b) It shall be the duty of the
state welfare board and the comp-
troller to furnish the several district
welfare boards with all necessary in-
formation to carry out the provisions
of this section.
(2) The board of commissioners of
state institutions shall be authorized
and empowered to suspend com-
pliance with the terms and provisions
of this act at any time the best in-
terests of the general public will best
be served for such periods as to said
board shall be deemed necessary.
(3) (a) Except as specifically auth-
orized or required by this section, it
shall be unlawful for any person, for
himself, or for any other person,
body, association, firm, corporation,
group or agency, to solicit, disclose,
receive, make use of, or to authorize,
knowingly permit, participate in or
acquiesce in the use of, any of the
lists of names of public assistance
recipients herein required to be filed,
or parts of such lists, for commercial
or political purposes of any nature.
(b) In case this law is suspended
as provided in Subsection (2), then
each county clerk shall destroy all
records provided herein to be filed
in the office of county clerk.
(c) Any person who violates any
provision of this section shall be
guilty of a misdemeanor and, upon
conviction, shall be punished by a
fine of not more than five hundred
dollars or imprisonment in the county
jail for not more than three months,
or by both such fine and imprison-
ment.

ENGINEER EXAMINERS
472.10 The records of the board
shall be open to public inspection.
REAL ESTATE COMMISSION
475.06 The members of the com-
mission are entitled to the same pro-
tection and immunities as are other


judicial officers, and the acts of the
agents and employees of the commis-
sion, acting within the scope of their
authority and employment, shall not
be called in question except by the
commission. Its papers, documents,
reports or evidence shall not be sub-
ject to subpoena, without its consent,
until after the same shall have been
published at a hearing held under
this chapter unless, after notice to
the commission, and hearing, the
court shall determine that the com-
mission or the accused will not be
unreasonably hindered or embar-
rassed.
STATE MILK COMMISSION
501.17 No member of said com-
mission, nor any officer, agent or em-
ployee thereof, shall divulge to any
person the contents of any document,
paper or record examined by him in
the performance of his duties here-
under, or any information obtained
by him in the course of his investi-
gations, except as may be required
to carry out the purposes of this
chapter. Any person violating the
provisions of this section shall be
guilty of a misdemeanor and shall
be punishable by a fine not exceeding
five hundred dollars or imprisonment
not exceeding one year.
INSURANCE COMMISSIONER
627.73(3) Insurance Commission-
er's reports, records, etc.-Commis-
sioner's papers, documents, reports or
evidence are not subject to subjoena
without his consent until after the
same shall have been published at a
hearing held under Chapter 627,
Florida Statutes, unless after notice
to commissioner and hearing the
court shall determine that commis-
sioner shall not be unnecessarily hin-
dered or embarrassed.
627.74 Termination of appoint-
ment of insurance agents.-Informa-
tion furnished insurance commis-
sioner as to reasons for terminating
appointment of said agent is privi-
leged.
627.75 Termination of appoint-
ment of insurance solicitors.-Infor-
mation furnished insurance commis-
sioner as to reasons for terminating
appointment of said solicitor is privi-
leged.
634.06(3) Investigation of pros-
pective life insurance agents.-Infor-










FLORIDA LAW OF THE PRESS


mation contained in credit and char-
acter report on agents qualifying for
first time furnished insurance com-
missioner is privileged.

STATE BANKING DEPARTMENT

658.10 (1) Information from the
records of the department shall be
revealed only with the consent of the
commissioner, but shall be subject to
subpoena.

660.08 Deposit of securities in
state treasury.-State treasurer shall
at all times keep prepared and ready
for inspection a record of securities
deposited with him by trust com-
panies, such records to be inspected
by any person to whom said com-
pany is liable, or by any court or
officer who shall have appointed the
company to any still existing obliga-
tion upon which the company is
surety.

CARE OF PUBLIC RECORDS
839.13 If any judge, justice,
mayor, alderman, clerk, sheriff, coro-
ner, or other public officer, or any
person whatsoever, shall steal, em-
bezzle, alter, corruptly withdraw,
falsify or avoid, any record, process,
charter, gift, grant, conveyance, or
contract, or any paper filed in any
judicial proceeding in any court of
this state, or shall knowingly and
willfully take off, discharge or con-
ceal any issue, forfeited recogniz-
ance, or other forfeiture, or other
paper above mentioned, or shall
forge, deface or falsify any docu-
ment or instrument recorded, or filed
in any court, or any registry, ac-
knowledgment, or certificate, or shall
fraudulently alter, deface or falsify
any minutes, documents, books, or
any proceedings whatever of or be-
longing to any public office within
this state; or if any person shall
cause or procure any of the offenses
aforesaid to be committed, or be in
anywise concerned therein, the per-
son so offending shall be punished by
being imprisoned not exceeding one
year or by fine not exceeding one
thousand dollars.
In any prosecution under this sec-
tion, it shall not be necessary to
prove the ownership or value of any
paper or instrument involved.


GRAND JURY RECORDS

905.17 No person shall be present
at the sessions of the grand jury ex-
cept the witness under examination,
the prosecuting attorney, the court
reporter or stenographer, and the
interpreter, if any. The stenographic
records, notes or any transcript
thereof made by the court reporter
or stenographer shall be filed with
the clerk of the court and kept by
him in a sealed container not subject
to inspection by the public. Such
notes, records and transcriptions
shall be opened and released by the
clerk upon the request of any grand
jury for the use of such grand jury
and shall be opened and released by
the clerk upon the order of the trial
judge for use pursuant to the pro-
visions of 905.27, Florida Statutes,
but not otherwise. No person shall
be present while the grand jurors are
deliberating or voting. Any person
violating either of the above pro-
hibitions may be held in contempt
of court.
905.27 Testimony not to be dis-
closed; exceptions.-No grand juror,
prosecuting attorney, or special le-
gal counsel, court reporter, interpre-
ter, or any other person appearing
before the grand jury, shall disclose
the testimony of a witness examined
before the grand jury or other evi-
dence received by it except when re-
quired by a court to disclose the tes-
timony of a witness examined before
the grand jury for the purpose of
ascertaining whether it is consistent
with that of the witness given before
the court, or to disclose the testimony
given before the grand jury by any
person upon a charge against such
person for perjury in giving his tes-
timony or upon trial therefore, or
when permitted by the court in fur-
therance of justice. Any person vio-
lating the provisions of this act shall
be guilty of a criminal contempt of
court, and punished accordingly.

PAROLE COMMISSION

947.14 Records of commission.-
(1) It shall be the duty of the
commission to obtain and place in its
permanent records information as
complete as may be practicably avail-
able on every person who may be-
come subject to parole. x x x









FLORIDA LAW OF THE PRESS


PRIVILEGE

The right to publish or broadcast a statement without danger of being
legally liable for defamatory words therein is a matter called privilege.
Privilege is of two kinds. One is called absolute privilege. The other is
a qualified privilege.
Absolute privilege is a legal immunity which protects the reporter or
broadcaster in quoting any part of a law enacted by Congress or by a state
legislature, in quoting fairly and with reasonable accuracy from judicial
proceedings in established courts, both civil and military, and in quoting
official reports to and by the executive head of a department of government.
Absolute privilege protects members of Congress and the state legislatures
from prosecution for anything they say on the floor of the legislative body
while in session, and protects the reporter who fairly and without malice
informs the public what was said. There seems to be no question that
privilege attaches to reports of legislative committees and testimony of wit-
nesses subpoenaed before them.
Qualified privilege gives a reporter or broadcaster protection when a
statement, otherwise defamatory, is made truthfully, in good faith and with-
out malice where the subject is a matter of public interest or where the
listener or reader has a legitimate interest in the subject. This right even
extends to the right to criticize, disparage or tell outright lies about the
government. (Pennekamp vs. State, 328 U. S. 331, 66 S. Ct. 1024). Such
privilege stops short of the line where the overthrow of the government by
force or other illegal means is advocated. (City of Chicago v. Tribune, 139
N.E. 86, 28 A.L.R. 1368).


(6) The commission may make
such rules as to the privacy or privi-
lege of such information and its use
by others than the commission and
its staff as may be deemed expedient
in the performance of its duties.

CONSTITUTION
Article III, Section 13. Open
doors; adjournment of one house.-
The doors of each House shall be
kept open during its session except
the Senate while sitting in Executive
session; and neither shall, without
the consent of the other, adjourn for
more than three days or to any other
town than that in which they may
be holding their session.


CONSTITUTIONAL PROVISIONS

Article XVI, Section 6. Publica-
tion and distribution of laws.-The
legislature shall p r o v i d e for the
speedy publication and distribution
of all laws it may enact. Decisions
of the Supreme Court and all laws
and judicial decisions shall be free
for publication by any person. But
no judgment of the Supreme Court
shall take effect until the decision of
the Court in such case shall be filed
with the clerk of said Court.









FLORIDA LAW OF THE PRESS


DEFAMATION, LIBEL, SLANDER

In today's new world, the reporter and commentator may easily become
confused if he tries to distinguish between libel as once applied chiefly to
newspapers, and slander which arose from gossip or spoken rebuke. Actually,
defamation is a combination of the two. Applied to radio and television
as well as newspapers and other writings, it is becoming the name of the
criminal offense of destroying another's personal reputation.
The chief elements of libel, slander or defamation that would bring the
author into court are lack of truth, and evidence of malice. A newsman
may make an honest mista-ke, such as naming the wrong person accused
of a felony, but he has a legal opportunity to retract and thus escape pun-
ishment. But if a lie is published or broadcast, attended by a malicious
desire to do harm to another by the author or broadcaster, then there is
no defense.
Another prime element is that a third person must have read or heard
the statement complained of. A private conversation or correspondence be-
tween two persons cannot be actionable. It is only when false and malicious
statements come to the attention of a third person that damage to reputa-
tion may occur.
Our courts have held that to call a person a Communist today is defama-
tory. One may not safely accuse another of a crime, or of having a loath-
some disease, or of being insane, or impotent, or cruel; it is actionable to
accuse a woman of lack of chastity.
It is no defense to use the words "It is alleged." The newsman should
be careful in quoting public documents, because some are privileged and
some are not. Privileged documents may be quoted freely without danger
of libel. But a bill of complaint, for instance, is not privileged until the
court has acted on it, and it is dangerous, therefore, to quote its contents
until then.
The safe rule is not to print or broadcast anything about another person
that will injure him in his social, business or official relations of life, unless
it is clearly privileged. The unsworn statements of police officers are not
privileged, but statements made by judge, attorneys and witnesses in a
court and applying to the case before it are privileged and may be quoted
freely but truthfully and without malice or intentional distortion.
Newspapers have a protection in the law of retraction. Radio stations
are not liable for defamatory remarks if they have used due care in seeing
that persons apt to make defamatory remarks are not allowed unrestrained
use of the microphone.


DEFENSE AGAINST LIBEL and the statements therein, which
0.01 Notie c n p t he alleges to be false and defamatory.
770.01 Notice condition precedent
to action or prosecution for libel'.- 770.02 Correction, apology, or re-
Before any civil action is brought for traction by newspaper.-If it appears
publication, in a newspaper or peri- upon the trial that said article was
odical, of a libel, the plaintiff shall, published in good faith, that its fal-
at least five days before instituting sity was due to an honest mistake of
such action, serve notice in writing the facts, and that there were reas-
on defendant, specifying the article, unable grounds for believing that the









FLORIDA LAW OF THE PRESS


statements in said article were true,
and that within ten days after the
service of said notice a full and fair
correction, apology and retraction
was published in the same editions or
corresponding issues of the news-
paper or periodical in which said
article appeared, and in as conspicu-
ous place and type as was said origi-
nal article, then the plaintiff in such
case shall recover only actual dam-
ages.

RADIO LIABILITY
770.03 Civil liability of radio
broadcasting stations, etc.-The own-
er, lessee, licensee or operator of a
radio broadcasting station shall have
the right, but shall not be compelled,
to require the submission of a written
copy of any statement intended to be
broadcast over such station twenty-
four hours before the time of the
intended broadcast thereof; and
when such owner, lessee, licensee or
operator has so required the submis-
sion of such copy, such owner, lessee,
licensee or operator shall not be
liable in damages for any libelous or
slanderous utterance made by or for
the person or party submitting a copy
of such proposed broadcast which
is not contained in such copy; but
this section shall not be construed to
relieve the person or party, or the
agents or servants of such person or
party, making any such libelous or
slanderous utterance from liability
therefore.

770.04 Civil liability of radio. or
television broadcast stations; care to
prevent publication or utterance re-
quired.-The owner, licensee, or op-
erator of a radio or television broad-
casting station, and the agents or
employees of any such owner, li-
censee or operator, shall not be liable
for any damages for any defamatory
statement published or uttered in or
as a part of a radio or television
broadcast, by one other than such
owner, licensee or operator, or gen-
eral agent or employees thereof, un-
less it shall be alleged and proved by
the complaining party, that such
owner, licensee, operator, general
agent or employee, has failed to exer-
ise dj Fcare to prevent the publica-
tion or utterance of such statement
in such broadcasts, provided, how-
ever, the exercise of due care shall
be construed to include the bona fide


compliance with any federal law or
the regulation of any federal regu-
latory agency.

PUNISHMENT
836.01 Punishment for libel.-Any
person convicted of the publication
of a libel shall be punished by im-
prisonment not exceeding one year,
or by fine not exceeding one thousand
dollars.

IMMORALITY CHARGED

836.02 Must give name of the
party written about.-No person shall
print, write, publish, circulate or dis-
tribute within this state any news-
paper, magazine, periodical, pamph-
let or other publication of any char-
acter, either written or printed,
wherein the alleged immoral acts of
any person are stated or pretended
to be stated, or wherein it is inti-
mated that any person has been
guilty of any immorality, unless such
written or printed publication shall
in such article publish in full the true
name of the person intended to be
charged with the commission of such
acts of immorality.
Any person convicted of any vio-
lation of this section shall be pun-
ished by a fine not to exceed five
hundred dollars, or by imprisonment
not to exceed one year. Any person
who shall aid in any way in the writ-
ing or printing of any literature in
violation of this section shall be pun-
ished in the same manner as the
principal might be punished upon
conviction; provided, nothing in this
section shall apply to mechanical
employees in printing offices, or to
newsboys.
836.03 Owner or editor of the
paper also guilty.-Any owner, man-
ager, publisher or editor of any news-
paper or other publication who per-
mits any anonymous communication
or communications such as is signed
otherwise than with the true name
of the writer, and such name pub-
lished therewith to appear in the
columns of his publication in which
said communication any person is
attacked in his good name, or it is
attempted to bring disgrace or ridi-
cule upon any person, such owner,
manager, publisher or editor shall be
punished by a fine not to exceed five









FLORIA LAW OF THE PRESS


hundred dollars or imprisonment not
to exceed one year.
WANT OF CHASTITY
836.04 Defamation.- Whoe ve r
speaks of and concerning any woman,
married or unmarried, falsely and
maliciously imputing to her a want
of chastity, shall be punished by im-
prisonment not exceeding one year,
or by fine not exceeding five hundred
dollars.
THREATS
836.05 Threats to accuse another
of crime; extortion.-Whoever, either
verbally or by a written or printed
communication, maliciously threatens
to accuse another of any crime or
offense, or by such communication
maliciously threatens an injury to
the person or property of another,
with intent thereby to extort money
or any pecuniary advantage whatso-
ever, or with intent to compel the
person so threatened, or any other
person, to do any act against his
will, shall be punished by imprison-
ment in the state prison not exceed-
ing ten year.
DEROGATORY REMARKS
836.06 Punishment for making de-
rogatory statements concerning banks
and building and loan associations.-
Any person who shall willfully and
maliciously make, circulate or trans-
mit to another or others any false
statement, rumor or suggestion, writ-
ten, printed or by word of mouth,
which is directly or by inference de-
rogatory to the financial condition
or affects the solvency or financial
standing of any banking institution
or building and loan association do-
ing business in this state, or who
shall counsel, aid, procure or induce
another to start, transmit or circulate
any such statement or rumor, shall
be guilty of a misdemeanor, and upon
conviction thereof shall be punished
by a fine of not exceeding five hun-
dred dollars, or by imprisonment for
a term not exceeding one year.
NOTICE FOR LIBEL
836.07 Notice condition precedent
to prosecution for libel.-Before any
criminal action is brought for publi-
cation, in a newspaper periodical, of
a libel, the prosecutor shall at least


five days before instituting such ac-
tion serve notice in writing on de-
fendant, specifying the article and
the statements therein which he al-
leges to be false and defamatory.
836.08 Correction, apology, or re-
traction by newspaper.-If it appears
upon the trial that said article was
published in good faith, that its fal-
sity was due to an honest mistake
of the facts, and that there were
reasonable grounds for believing that
the statements in said article were
true, and that within ten days after
the service of said notice a full and
fair correction, apology and retrac-
tion was published in the same edi-
tions or corresponding issues of the
newspaper or periodical in which
said article appeared, and in as con-
spicuous place and type as was said
original article, and if, in a criminal
proceeding, a verdict of "guilty" is
rendered on such a state of facts,
the defendant shall be fined one dol-
lar and the costs, and no more.
LIBELOUS STATEMENT
836.09 Communicating libelous
matter to newspapers; penalty.-If
any person shall state, deliver, or
transmit by any means whatever, to
the manager, editor, publisher or re-
porter of any newspaper or periodical
for publication therein any false and
libelous statement concerning any
person, .then and there known by
such person to be false or libelous,
and thereby secure the publication
of the same he shall be guilty of a
misdemeanor.
WRITTEN THREAT
836.10 Written threats to kill or
do bodily injury; punishment. If
any person writes or composes and
also sends or procures the sending of
any letter or inscribed communica-
tion, so written or composed, whether
such letter or communication be
signed or anonymous, to any person,
containing a threat to kill or to do
bodily injury to the person to whom
such letter or communication is sent,
or a threat to kill or do bodily in-
jury to any member of the family of
the person to whom such letter or
communication is sent, the person so
writing or composing and so sending
or procuring the sending of such let-
ter or communication, shall upon
conviction be fined not more than









FLORIDA LAW OF THE PRESS


THE RIGHT OF PRIVACY

The right to privacy of an individual does not prohibit publication or
broadcasting of matter which is of public or general nature.
Our courts hold (as in the Cross Creek case involving Marjorie Kinnan
Rawlings) that any person who engages in public affairs and public life
has by inference given permission to quote or portray him or her. People
who are parts of a crowd have no such right of privacy as to protect them
from television or the news photographer's camera.
The right of privacy does not exist where the person himself has published
matter complained of, nor where a person has become so prominent that
by his very prominence he has dedicated his life to the public and thereby
waived his right to privacy. There can be no privacy in that which already
is public.
It does not exist in the dissemination of news and news events, nor in
the discussion of events in the life of a person in whom the public has a
rightful interest, nor where the information would be of public benefit, as
in the case of a candidate for public office.
The right of privacy can only be violated by printings, writings, pictures
or other permanent publications or reproductions (probably including movies
and television). It cannot be violated by word of mouth.
Any right of action may accrue only when the publication complained of
is made for gain or profit, as where a person's picture is taken without
consent and used in advertising. Because right of privacy cannot be violated
by word of mouth, no right of action on this score can accrue from unauthor-
ized radio broadcasting.


two thousand dollars or be sentenced
to the penitentiary for a period not
exceeding ten years.

EXPOSURE TO HATRED

836.11 Publications which tend to
expose persons to hatred, contempt
or ridicule prohibited.-
(1) It shall be unlawful to print,
publish, distribute or cause to be
printed, published or distributed by
any means, or in any manner what-
soever, any publication, handbill,
dodger, circular, booklet, pamphlet,
leaflet, card, sticker, periodical, lit-
erature, paper or other printed ma-
terial which tends to expose any in-
dividual or any religious group to
hatred, contempt, ridicule or oblo-
quy unless the following is clearly
printed or written thereon:
(a) The true name and post-office
address of the person, firm, partner-
ship, corporation or organization


causing the same to be printed, pub-
lished or distributed; and,
(b) If such name is that of a firm,
corporation or organization, the
name and post office address of the
individual acting in its behalf in
causing such printing, publication or
distribution.
(2) Any person, firm or corpora-
tion violating any of the sections of
this statute shall upon conviction
thereof be subjected to a fine not ex-
ceeding the sum of five hundred dol-
lars, or imprisonment in the county
penitentiary for a period not exceed-
ing ninety days, or both such fine
and imprisonment in the discretion
of the court.

LIBEL INDICTMENT

906.15 Libel.-No indictment or
information for libel shall be invalid
or insufficient for the reason that it
does not set forth extrinsic facts for
the purpose of showing the applica-








800


FLORIDA LAW OF THE PRESS

FREEDOM OF SPEECH AND PRESS


There is little court law in Florida on the boundaries of freedom of speech
and freedom of the press. What there is appears to suffer from the same
latent defects that led to a reversal of the state courts by the Supreme
Court of the United States in the Pennekamp case. So far the highest U. S.
urt has not been called on to decide a question of press freedom in Florida.
he Declaration of Rights in the Constitution of Florida, in Section 13,
reads in part as follows:
"Every person may fully speak and write his sentiments on
all subjects, being responsible for the abuse of that right, and no
laws shall be passed to restrain or abridge the liberty of speech
or of the press ..."
In recent years, some courts have begun to consider under the general
word "press" the rights not only of newspapers, but of radio and television
s"atiolns as well. So today, when we say "freedom of the press" it is gen-
erally considered to mean freedom for all the legitimate agencies through
which news flows to the public.
One may freely publish a newspaper. But no one may establish a radio
or television station without the approval of a federal agency, and such
approval must be renewed at frequent intervals. To this extent, there is
less freedom of expression by radio and television stations than by news-
papers.
Freedom of the press means absence of prior censorship and freedom
from prosecution for free expression after publication. This is subject only
to punishment for the abuse of the right.
S lir.-and television tatinnos are bound by rules of the Federal Com-


, munications Commission, and thus their "freedom" is subordinate to these
rules as well as to state law.
Newspapers may print anything they please, so long as it is true and
published for good motives.
The subject of press freedom arose in Florida in 1951, following passage
of an election code which sharply abridged the rights of newspapers, radio
and television stations to deal with candidates for political office or their
friends and supporters. The Supreme Court of Florida, in two test cases,
generally upheld the election laws on the ground that the police power of
the state was properly invoked to stop unbridled spending of money for
political advertising. (Smith vs. Ervin, 64 Southern 2nd 166; Ervin et al
vs. Finlay, 64 Southern 2d 175).


tion to the party alleged to be libeled
of the defamatory matter on which
the indictment or information is
founded.
TRUTH AS DEFENSE
Sec. 13, Declaration of Rig h ts
(Constitution) In all criminal


prosecutions and civil actions for
libel, the truth may be given in evi-
dence to the jury, and if it shall ap-
pear that the matter charged as li-
belous is true, and was published for
good motives, the party shall be ac-
quitted or exonerated.


I









FLORIDA LAW OF THE PRESS

FALSE OR ILLEGAL ADVERTISING


PLACEMENT OF CHILDREN X
72.40 It shall be unlawful for any
person to advertise by any medium
any offer or solicitation for the place-
ment or adoption, of any child.

HANDBILLS IN AUTOMOBILES
317.72 Advertising lodging or eat-
ing facilities; motor vehicles.-It is
unlawful to throw printed materials
advertising lodging or eating facili-
ties or prevailing rates into motor
vehicles or to solicit patronage for
any such facilities from any occupant
of any motor vehicle.
FALSE RUMOR OF DISEASE
381.18 Penalty for disseminating
false rumor of disease.--Whoever
falsely or maliciously disseminates or
spreads rumors or reports concerning
the existence of any infectious or
contagious disease shall be punished
by imprisonment not exceeding six
months, or by fine not exceeding one
thousand dollars.
HANDLING OF DIVORCE
454.33 Advertisements relative to
handling divorce cases.-It is unlaw-
ful for any person to publish in any
newspaper or upon any billboard,
signboard or other public place, any
notice or advertisement to the effect
that divorces can be procured by
such person, unless the person, so
publishing said advertisement or
notice shall sign in full his name or
the name of one or more members of
the firm publishing such advertise-
ment and unless he or they so pub-
lishing be duly licensed members of
the bar authorized to practice in the
circuit courts of the State of Florida.'
xxx


ment of any medicine whereby the
monthly periods of women could be
regulated, or whereby the menses, if
suspended, could be reestablished;
(c) causing the publication or circu-
lation of fraudulent advertising rela-
tive to any disease of the sexual
organs.

OPTOMETRIST ADVERTISING -
463.14 It is unlawful for any per-
son practicing optometry to adver-
tise any price or credit terms on
prescriptive or corrective lenses,
frames, complete prescriptive or cor-
rective glasses or any optometric
service; to advertise in any manner
that will tend to mislead or deceive
the public; to solicit optometric pa-
"tronage by advertising that he or
some other person or group of per-
sons possess better qualifications or
are best trained to perform the serv-
ice or to render any optometric serv-
ice pursuant to such advertising.
DENTURES


466.35 Soliciting or advertisements
by unlicensed persons. Any un-
licensed person who shall solicit or
advertise by mail, card, newspaper,
pamphlet, radio or otherwise, to the
general public to construct, repro-
duce, or repair prosthetic dentures,
bridges, plates, or other appliances to
be used or worn as substitutes for
natural teeth, or for regulation of
natural teeth, shall be guilty of a
misdemeanor, x x x

FOOD, DRUGS, COSMETICS
500.19 Advertisement of food, etc.,
deemed false.-(1) An advertisement
of a food, drug, device, or cosmetic
i,, -~ ,mrn + "falc Of itF i. C fal,


./


ADVERTISING BY PHYSICIAN or misleading in any particular.
S(2) For the purpose of this chap-
458.12 The holder of a license to ter the advertisement of a drug or
practice medicine in the state may device representing it to have any
be disciplined if he is found guilty of effect in albuminuria, appendicitis,
(a) untrue, fraudulent, misleading or arteriosclerosis, blood poison, bone
deceptive advertising; advertising disease, Bright's disease, cancer, car-
that he is able to treat or cure dis- buncles, cholocystitis, diabetes, diph-
eases by any secret method, proced- theria, dropsy, erysipelas, gall-stones,
ure, treatment or medicine; or that heart and vascular diseases, high
he is able to cure manifestly incur- blood pressure, mastoiditis, measles,
able disease; (b) causing the publi- meningitis, mumps, nephritis, otitis
cation or circulation of an advertise- media, paralysis, pneumonia, polio-









FLORIDA LAW OF THE PRESS


myelitis (infantile paralysis), pros-
tate gland disorders, pyelitis, scarlet
fever, sexual impotence, sinus infec-
tion, smallpox, tuberculosis, tumors,
typhoid, uremia, venereal diseases,
shall also be deemed to be false; ex-
cept that no advertisement not in
violation of subsection (1) shall be
deemed to be false under this sub-
section if it is disseminated only to
members of the medical, dental, or
veterinary professions, or appears
only in the scientific periodicals of
these professions, or is disseminated
only for the purpose of public health
education by persons not commer-
cially interested, directly or indi-
rectly, in the sale of such drugs or
devices; provided, that when the
commissioner determines that an
advance in medical science has made
any type of self-medication safe as
to any of the diseases named above,
the commissioner shall by regulation
authorize the advertisement of drugs
having curative or therapeutic effect
for such disease, subject to such con-
ditions and restrictions as the com-
missioner may deem necessary in the
interests of public health; provided,
that this subsection shall not be con-
strued as indicating that self-medi-
cation for diseases other than those
named herein is safe or efficacious.
500.24 Violations of food, drug
'sand cosmetic law.- x x x
(3) No publisher, radio broad-
cast licensee, or agency or medium
for the dissemination of an adver-
tisement, except the manufacturer,
packer, distributor, or seller of the
article to which a false advertisement
relates, shall be liable under this sec-
tion by reason of the dissemination
by him of such false advertisement,
unless he has refused, on the request
of the commissioner, to furnish the
commissioner the name and post of-
fice address of the manufacturer,
packer, distributor, seller or adver-
tising agency, residing in the State
of Florida, who caused him to dis-
seminate such advertisement.
FALSE MONEY LENDING ACT
516.13 False publication of rates,
etc. prohibited. No person shall
print, publish or distribute or cause
to be printed, published or distrib-
uted in any manner whatsoever any
printed or written statement with
regard to the rates, terms or condi-


tions for the lending of money, credit,
goods or things in action in amounts
of three hundred dollars or less,
which is false or calculated to de-
ceive.

RACING INFORMATION
550.35 Transmission of racing in-
formation for illegal gambling pur-
poses.-(1) It shall be unlawful for
any person to transmit or comuni-
cate to another by any means or
communicate to another by any
means whatsoever the results, chang-
ing odds, track conditions, jockey
changes, or any other information
relating to any horse race from any
race track in this state, between the
period of time beginning one hour
prior to the first race of any day and
ending thirty minutes after the post-
ing of the official results of each race
as to that particular race, excepting
that this time may be reduced to per-
mit the transmitting of the results of
the last race each day not sooner
than fifteen minutes after the official
posting of such results. Provided,
however, that the state racing com-
mission may, by rule, permit the im-
mediate transmission by radio, tele-
vision, or press wire of any pertinent
information concerning not more
than two feature races each week.
xxx

CITRUS DEALER'S LICENSE
601.67 Said license may be re-
voked or suspended when such dealer
has made, printed, published, dis-
tributed, or caused, authorized, or
knowingly permitted the making,
printing, publication or distribution
of false statements, descriptions, or
promises of such a character as to
reasonably induce any person to act
to his damage or injury, if the said
citrus fruit dealer then knew or, by
the exercise of reasonable care and
inquiry, could have known of the
falsity of such statements, descrip-
tions or promises.
INSURANCE PRACTICES
643.04 Unfair methods of compe-
tition and unfair or deceptive acts or
practices defined.-The following are
hereby defined as unfair methods of
competition and unfair and deceptive
acts or practices in the business of
insurance. xxx










FLORIDA LAW OF THE PRESS


(2) False information and adver-
tising generally.-Making, publishing,
disseminating, circulating, or placing
before the public, or causing, directly
or indirectly, to be made, published,
disseminated, circulated, or placed
before the public, in a newspaper,
magazine or other publication, or in
the form of a notice, circular, pamph-
let, letter or poster, or over any radio
station, or in any other way, an ad-
vertisement, announcement or state-
ment containing any assertion, repre-
sentation or statement with respect
to the business of insurance or with
respect to any person in the conduct
of his insurance business, which is
untrue, deceptive or misleading.
(3) Defamation. -Making, pub-
lishing,, disseminating, or circulating,
directly or indirectly, or aiding, abet-
ting or encouraging the making, pub-
lishing, disseminating or circulating
of any oral or written statement or
any pamphlet, circular, article or lit-
erature which is false, or maliciously
critical of or derogatory to the finan-
cial condition of an insurer, and
which is calculated to injure any
person engaged in the business of
insurance. x x x
(5) False financial statements.-
Filing with any supervisory or other
public official, or making, publishing,
disseminating, circulating or deliver-
ing to any person, or placing before
the public, or causing directly or in-
directly, to be made, published, dis-
seminated, circulated, delivered to
any person, or placed before the pub-
lic, any false statement of financial
condition of an insurer with intent to
deceive. x x x
UNAUTHORIZED BANKING
659.52 No person other than
banks shall advertise that it is ac-
cepting deposits and issuing notes or
certificates therefore; nor make use
of or circulate any certificates or
circulars or any written or printed
paper whatever having thereon any
words to lead public to believe that
its business is that of a bank or trust
company. This provision does not
relate to savings banks, Morris plan
banks or credit unions.
BASTARDY
742.09 Publishing names.-It shall
be unlawful for the owner, publisher,
manager or operator of, or any per-


son responsible for, any newspaper,
magazine, radio station or other pub-
lication, or any radio broadcaster,
to publish the name of any of the
parties to any court proceeding in-
stituted or prosecuted under this act;
and any person violating this pro-
vision shall be guilty of a misde-
meanor and be punished by impris-
onment in the county jail not ex-
ceeding twelve months or by fine
not exceeding one thousand dollars
or both.

CALLING A COWARD
783.03 Whoever publishes another
person as a coward, or uses any other
contemptuous language, for not
fighting a duel, shall be punished by
imprisonment not exceeding six
months, or by fine not exceeding
three hundred dollars.

ENDURANCE CONTESTS
785.04 No person shall advertise
or aid in advertising any marathon,
walkathon, skatathon, bikethon, or
other mental or physical endurance
contest. Penalty for violation is fine
of not more than one thousand dol-
lars or imprisonment not exceeding
twelve months.

NAME OF FEMALE
794.03 Unlawful to publish name
of female raped, etc.-No person shall
print and publish or cause to be
printed and published in any news-
paper, magazine, periodical or any
other publication in the State of
Florida the name or identity of any
female raped or upon whom an as-
sault with intent to commit rape has
been committed or may be commit-
ted.
794.04 Punishment for violation
of 794.03.-Whoever is convicted of
the violation of the provisions of
794.03 shall be punished by a fine
of not more than one thousand dol-
lars or by imprisonment in the
county jail for not more than twelve
months.

ABORTIONS
797.02 Advertising drugs, etc., for
abortion. Whoever knowingly ad-
vertises, prints, publishes, distributes
or circulates, or knowingly causes to
be advertised, printed, published, dis-










FLORIDA LAW OF THE PRESS


LOTTERIES AND GIVE-AWAYS

Both newspapers and radio stations have frequent opportunities to en-
gage in promotional give-away programs, which either are in fact illegal
lotteries, or are close to being lotteries.
Section 849.09 makes it illegal not only to participate in a lottery, but
also to advertise any lottery scheme, or even to aid in a lottery by printing
the materials used in such a scheme.
These are the elements of a lottery, and all must be present to constitute
an illegal operation:
1. A prize, something of value which is given away through the award
by chance. This may be a basket of groceries, a free amusement place ticket,
a set of dishes or an automobile.
2. An award by chance, as in drawing numbers out of a hat, or in
holding a particular number obtained by chance.
3. Consideration, which means some effort on the part of the winning
participant, even though it is no more than entering a store or a movie or
buying groceries at a certain store.
All three elements must be present. The most difficult to determine is
consideration, but as a general rule, if the person does anything at all to
get in position to be awarded a prize by chance, then the courts have gen-
erally held such effort is consideration enough. Of course, in bolita, as an
example of a commonly recognized lottery, the consideration is money paid
by the buyer of a ticket.
In Florida racing, the results may be gambling but this type of lottery
has been legalized by the state. No other lottery has been so recognized,
and any publisher or station owner who enters into a plan which includes
the three elements of a lottery, does so at his peril.


tribute or circulated, any pamph-
let, printed paper, book, newspaper
notice, advertisement or reference
containing words or language giving
or conveying any notice, hint or ref-
erence to any person, or the name of
any person, real or fictitious, from
whom, or to any place, house, shop
or office where any poison, drug,
mixture, preparation, medicine or
noxious thing, or any instrument or
means whatever, or any advice, di-
rection, information or knowledge
may be obtained for the purpose of
causing or procuring the miscarriage
of any woman pregnant with child,
shall be punished by imprisonment
in the state prison not exceeding one
year, or by fine not exceeding one
thousand dollars.
MERCHANDISE
0 817.06 .Misleading advertisements
prohibited. No person shall .
make, publish, disseminate, circulate
or place before the public in a


newspaper or other publication or in
the form of a book, notice, handbill,
poster, bill, circular, pamphlet or let-
ter or in any other way, an advertise-
ment of any sort regarding merchan-
dise, securities, service or anything
offered to the public for sale or other-
wise, which advertisement contains
any assertion, representation or
statement which is untrue, decep-
tive or misleading.
BANK BILL COPY
831.24 Issuing shop bills similar
to bank notes.--Whoever engraves,
prints, issues, utters or circulates a
shop bill or advertisement in the sim-
ilitude, form and appearance of a
bank bill, on paper similar to paper
used for bank bills, with vignettes,
figures or decoration used on bank
bills, or having the general appear-
ance of a bank bill, shall be punished
by imprisonment not exceeding
ninety days, or by fine not exceeding
fifty dollars.









FLORIDA LAW OF THE PRESS


CONTEMPT OF COURT'

Contempt of court is an offense against the dignity, conduct or proper
orders of a court while in session. The judge of a court may punish for
contempt with jail sentences.
Writers and newscasters are free to criticize the courts, like any other
public agency, but such criticism must not hamper justice. News reporter
have the same rights in a court as any other member of the public-but no/
more. They may attend trials, take photographs and record the proceedings
for radio and television only by permisison of the presiding judge. A refusal
to obey his orders may be punished by a citation for contempt and a jail
sentence, if the courts believe that such refusal constitutes "a clear and
present danger to the administration of justice."
In this same connection, Florida courts have held that a news reporter
may be sent to jail for refusing to divulge the source of information printed
about the action of a grand jury while the grand jury is in session. /
A criminal contempt is conduct which is directed against the authority
and dignity of a court or judge acting judicially. A civil contempt is failure
to do something ordered to be done by a court or judge in a civil case for
the benefit of the opposing party.
Direct contempt is an insult committed in the presence of a judge or
court in session, or improper conduct so close as to impede justice, as in/
persisting in trying to take pictures when ordered to stop. Indirect contempt
is an act committed at a distance under circumstances that tend to degrade
a court, such as false or grossly inaccurate reports of a trial in progress.
Truth is not necessarily a defense in a contempt action. A judge must
give a hearing to those held in contempt. Finally, the conduct or publica-
tion leading to a contempt citation must clearly have a reasonable tendency
to impede the course of justice, and present a clear and present danger to
the rights of litigants.


OBSCENE LITERATURE
847.01 Whoever prints or pub-
lishes books, pamphlets or other
thing containing obscene language,
prints or pictures for purpose of sale,
circulation, or loan shall be punished
by imprisonment in state prison not
exceeding one year, or by fine not
exceeding one hundred dollars.

LOTTERY PROHIBITED
849.09 It shall be unlawful for
any person to* advertise any lottery
scheme or device in any newsapper
or by circulars, posters, pamphlets,
radio, telegraph, telephone, or other-
wise; or aid or assist in the setting
up, promoting or conducting of any
lottery or lottery drawing, whether
by writing, printing or in any other
manner whatsoever, or attempt to
operate, conduct or advertise any lot-


tery scheme or device; or any person
convicted of violating any of the pro-
visions hereof shall be punished by
imprisonment in the state prison for
not less than one year nor more than
five years.

LOTTERIES
Art. III, 323 (Constitution) Lot-
teries.-Lotteries are hereby prohib-
ited in this state.

849.10 Printing lottery tickets, etc.,
prohibited.-It is unlawful for any
person to print, publish, or knowing-
ly permit to be printed or published,
any lottery ticket or advertisement,
circular, bill, poster, pamphlet, list or
schedule, announcement or notice, of
lottery prizes or drawings or any
other matter or thing in any way
connected with any lottery drawing,
scheme or device, or to set up any










FLORIDA LAW OF THE PRESS


type or plate for any such purpose,
to be used or distributed in this state,
or to be sent out of this state. x x x
Any violation of this section shall
be a felony, and shall be punished
by a fine of not less than one hun-
dred dollars, nor more than three
thousand dollars, or by imprisonment
in the state penitentiary not less
than one year nor more than five
years.
DEFORMED PERSONS
867.01 Whoever knowingly adver-
tises or causes to be advertised, ex-
hibition of deformed person shall,
upon conviction, be punished by im-
prisonment in state prison not ex-
ceeding one year or by fine not ex-
ceeding one thousand dollars.
COMMUNISM
876.02 Criminal anarchy, com-
munism, etc., defined and made a
felony; penalty.-Any person who, by
word of mouth or writing advocates,
advises, or teaches the duty, neces-
sity or propriety of overthrowing or


overturning existing forms of con-
stitutional government by force or
violence; of disobeying or sabotaging
or hindering the carrying out of the
laws, orders, or decrees of duly con-
stituted civil, naval or military au-
thorities; or by the assassination of
officials of the government of the
United States or of the State of
Florida, or by any unlawful means or
under the guidance of or in collabo-
ration with officials, agents or repre-
sentatives of a foreign state or an
international revolutionary party or
group; or prints, publishes, edits, is-
sues or knowingly circulates, sells,
distributes, or publicly displays any
book, paper, document, or written or
printed matter in any form, contain-
ing or advocating, advising or teach-
ing the doctrine that constitutional
government should be overthrown by
force, violence, or any unlawful
means shall be guilty of a
felony and upon conviction thereof
be subject to imprisonment for not
more than ten years or a fine of not
more than ten thousand dollars, or
both.


MISCELLANEOUS LAWS OF NEWSPAPER AND RADIO


CONTEMPT
38.22 Power to punish. Every
court may punish contempts against
it, whether such contempt be direct,
indirect, or constructive, .... but the
punishment imposed by a justice of
the peace shall not exceed twenty
dollars fine, or twenty-four hours'
imprisonment.
38.23 Contempts defined.-A re-
fusal to obey any legal order, man-
date or decree, made or given by any
judge either in term time or in vaca-
tion relative to any of the business of
said court, after due notice thereof,
shall be considered a contempt, and
punished accordingly. But nothing
said or written, or published, in vaca-
tion, to or of any judge, or of any
decision made by a judge, shall in
any case be construed to be a con-
tempt.

JURY DUTY EXEMPTION
40.08 Editorial and news depart-
ment workers on daily and weekly
newspapers are exempt from jury
duty.


ELECTION CODE
99.161 Contributions; e pendi-
tures, etc.-x x x
(3) CAMPAIGN TREASURER
AND DEPUTY; DESIGNATION OF
DEPOSITORIES; REMOVAL; VA-
CANCY, FILLING.-
(a) Each candidate for nomination
for, or election to, political office in
the State of Florida, upon or before,
and as a condition precedent to,
qualifying as such candidate, shall
appoint one campaign treasurer and
shall designate one campaign depos-
itory and shall file the name and
address of each with the officer be-
fore whom such candidate is required
by law to qualify. The candidate may
designate himself or any other elector
to act as such campaign treasurer
and may designate as his campaign
depository any bank authorized by
law to transact business in the State
of Florida. x x x
(4) CAMPAIGN TREASURER IN
CHARGE OF FUNDS; TIME LIMIT.
(a) No contribution or expenditure
of money or other thing of value,









FLORIDA LAW OF THE PRESS


nor obligation therefore, shall be
made, received, or incurred, directly
or indirectly, in furtherance of the
candidacy of any candidate for po-
litical office in the State of Florida
except throUgh the duly appointed
campaign treasurer or deputy cam-
paign treasurers of the candidate.
xxx x
(6) EXPENDITURES RESTRICT-
ED TO AMOUNTS ON DEPOSIT.-
No campaign treasurer or deputy
campaign treasurer shall authorize
the incurring of any expense in be-
half of the candidate, or in further-
ance or aid of his candidacy, unless
there are monies on deposit in the
campaign depository to the credit of
the account known as the Campaign
Fund of the candidate sufficient to
pay the amount of the expenses so
authorized, together with all other
expenses previously authorized.
(7) WRITTEN AUTHORIZATION
OF EXPENDITURE REQUIRED.-
No expenses shall be incurred by any
candidate for election or nomination
to political office, or by any person,
corporation, or association in his be-
half, or in furtherance or aid of his
candidacy, unless prior to the incur-
ring of the expense a written order
shall be made in and upon the form
prescribed, and signed by the cam-
paign treasurer of the candidate
authorizing the expenditure, and no
money shall be withdrawn or paid
by any campaign depository from
any campaign fund account except
upon the presentation of the written
order, so signed, accompanied by the
certificate of the person claiming the
payment, which certificate shall state
that the amount named in the order,
or such part thereof as may be
claimed, naming the amount claimed,
is justly due and owing to the claim-
ant, that the order truly states all
of the purposes for which the in-
debtedness was incurred, and that
no person other than the claimant
is interested, directly or indirectly,
in the payment of the claim, and
unless an order for payment in and
upon the form prescribed, and signed
by the campaign treasurer or deputy
treasurer, is presented to the cam-
paign depository; provided that any
such authorization may be issued by
the campaign treasurer to the can-
didate for traveling expenses still to
be incurred. The order authorizing
such expenditure, the certificate, and


the order for payment shall be on
the same piece of paper. x x x
(11) NOT APPLICABLE TO CAN-
DIDATES FOR MUNICIPAL OF-
FICES.-This section shall not apply
to candidates for municipal offices.
(12) SECRETARY OF STATE TO
PRESCRIBE FORMS. Appropriate
forms necessary to effectuate the
purposes of this act, including the
campaign treasurer's reports, the
statements by the campaign deposi-
tory, the deposit slips, and the order
authorizing expenditures, the certifi-
cate of the person to whom payment
is made, and the order for payment,
shall be prescribed and approved by
the secretary of state of the State
of Florida. x x x
99.172 Expenditures allowed in
furtherance of candidacy at any elec-
tion.-No person, in the furtherance
of his candidacy for nomination or
election for public office in any elec-
tion, shall himself, or by any other
person, or state or county executive
committee, or on behalf of any other
person, directly or indirectly, give,
pay or expend any money or give or
pay anything of value, or authorize
any expenditure or become pecuniar-
ily liable, except for the following
purposes: (1) fee for qualifying, (2)
for his traveling expenses while
campaigning, (3) stenographic work,
(4) clerks at his campaign head-
quarters to address, prepare and mail
campaign literature, (5) telegrams,
(6) telephones, (7) postage, (8)
freight, (9) express, (10) stationery,
(11) list of electors, (12) office rent,
(13) newspaper advertising, (14) ad-
vertising on television, (15) advertis-
ing in magazines and other periodi-
cals, (16) advertising on billboards,
on banners and on streamers, (17)
printing and the renting of halls in
which to address the electors, (18)
radio time, (19) the renting or buying
of public address equipment and the
automotive equipment necessary to
transport and operate it and (20)
compensation for campaign treasurer
and/or campaign manager of the
candidate at his main headquarters.
No candidate shall pay money or
give anything of value for the privi-
lege of speaking at a political meet-
ing in the furtherance of his candi-
dacy, nor shall anyone speaking for
a candidate pay money or give any-
thing of value for such privilege.









FLORIDA LAW OF THE PRESS


The expenditure of any money or
giving, paying or promising to give
or pay any money or anything of
value directly or indirectly by any
candidate in furtherance of his can-
didacy for nomination in any elec-
tion, except for the purposes author-
ized by this section is prohibited.

104.071 Remuneration by candi-
date for services, support, etc.-It is
unlawful for any person or candidate
. to :
(2) give or promise to give, pay,
loan any money or other thing of
value to the owner, editor, publisher
or agent of any newspaper or other
periodical as compensation or reward
for, or to induce him to advocate or
oppose, through the columns of his
paper, any candidate for nomination
in any election, and no such owner,
editor, publisher or agent shall give,
solicit or accept such payment or
reward, or .
104.34 Circulating charges against
any candidate; requirements. It
shall be unlawful for any candidate
or other person, during eighteen days
preceding the day of any election, to
publish or circulate or cause to be
circulated any charge against or at-
tack against any candidate unless
such charge has been personally
served upon the candidate at least
eighteen days prior to the day of
election, and any person failing to
comply with this section shall, upon
conviction, be guilty of a misde-
meanor. Any answer to a charge or
attack that contains defensive matter
shall not be construed to be a charge
or attack.
104.36 Distribution of literature,
etc., near polling places.-On the day
of any election it shall be unlawful
for any person to distribute any po-
litical pamphlets, cards or literature
of any kind, or solicit votes, or ap-
proach any elector in an attempt to
solicit votes within 100 yards of any
polling place. All peace officers or
election officials shall arrest any per-
son violating the provisions of this
section in their presence. Any per-
son violating the provisions of this
section shall be, upon conviction,
guilty of a misdemeanor.
104.37 Political literature circu-
lated prior to election; requirements.
All political advertisements and all


campaign literature published or cir-
culated prior to or on the day of any
election shall be signed by the author
thereof, and if the same is being
published and circulated by a club
or committee, then it shall be signed
by the chairman and secretary of
such club or committee, and if such
literature is in circular form it shall
have upon it the name of the printer
or publisher. All political advertise-
ments appearing in newspapers shall
be marked "paid advertisements."
Any person who publishes or circu-
lates any campaign literature or ad-
vertisement in violation of this sec-
tion shall, upon conviction, be guilty
of a misdemeanor.
104.38 Newspaper assailing candi-
date in an election; space for reply.
-If any newspaper in its columns
assails the personal character of any
candidate for nomination in any
election, or charges said candidate
with malfeasance or misfeasance in
office, or otherwise attacks his offi-
cial record, or gives to another free
space for such purpose, such news-
paper shall upon request of such
candidate immediately publish free
of cost any reply he may make there-
to in as conspicuous a place and in
the same kind of type as the matter
that calls for such reply, provided
such reply does not take up more
space than the matter replied to.
Any person or firm failing to comply
with the provisions of this section
shall, upon conviction, be guilty of
a misdemeanor.
RADIO STATION WRUF
241.38 Radio broadcasting sta-
tion; operation and maintenance.-
There is established at the Univer-
sity of Florida in Gainesville a radio
broadcasting station to be operated
under the supervision of the engi-
neering college of the university.
The board of control may enter
into contracts for the operation and
maintenance of the station.
The station shall be of a power not
to exceed 5 K.W. maximum, and shall
be so designed and constructed that,
by the use of suitable pickup appa-
ratus, broadcasts may be made over
a leased wire from the state capitol
at Tallahassee, the Florida State
University at Tallahassee, and the
Florida state marketing bureau at
Jacksonville. The time for broad-









FLORIDA LAW OF THE PRESS


casting from the sttion shall be di-
vided among the state capitol, the
Florida State University, the Florida
state marketing bureau and the Uni-
versity of Florida in such manner as
the board of control may prescribe.
The commissioner of agriculture
shall cause to be broadcasted such
useful information concerning mar-
keting conditions, crops and weather,
as he may deem necessary for the
best interests of the state.
PRIVATE WIRE SERVICE
365.01 Definitions.-x x x
(4) "Private wire" means any and
all "wire service," service equipment,
facilities, conduits, poles, wires, cir-
cuits, systems by which or by means
of which service is furnished for
communications purposes, either
through the medium of telephone,
telegraph, teletypewriter, loud-
speaker, radio, television, or any
other means, or by which the voice
or electrical impulses are sent over
a wire .
365.04 Private wire; contract to
declare purpose; exceptions. Ex-
empts newspapers, radio stations and
press associations from requirement
that private wire service can be sup-
plied only under contract.
A.S.C.A.P. REGULATION
543.06 Broadcasts by radio sta-
tions within state.-Any person who
owns, leases, operates or manages a
radio broadcasting, radio receiving or
radio rebroadcasting station within
this state, may receive, broadcast and
rebroadcast copyrighted vocal or in-
strumental musical compositions, the
copyrights of which are owned or
controlled by any combination de-
clared unlawful by 543.01, without
the payment, to such combination
or to its agents. representatives or
assigns, of any license fee or other
exaction declared illegal and non-
collectible by the terms hereof.
543.07 Radio stations within state
affiliated with stations outside of
state using compositions.--When a
radio receiving, radio broadcasting
or radio rebroadcasting station is af-
filiated with any person owning,
leasing or operating a radio broad-
casting station outside this state
from whence copyrighted vocal or
instrumental musical compositions


originate or emanate, and which are
received, used, broadcast or rebroad-
cast within this state, in accordance
with the terms of any affiliation
agreement or other contract, then
such person owning, leasing, operat-
ing or managing a radio broadcast-
ing station outside this state, is pro-
hibited from in any manner charg-
ing or attempting to charge, or col-
lecting or attempting to collect, from
any person who owns, leases, oper-
ates, or manages a radio broadcast-
ing, radio receiving or radio rebroad-
casting station within this state, any
herein declared noncollectible license
fee or other exaction, for the purpose
of paying or repaying the same out-
side of this state to any combina-
tion, or its members, stockholders or
other interested parties, declared un-
lawful by 543.01.
Any person collecting or attempt-
ing to collect such license fee or other
exaction against such persons within
this state for the purpose of paying
or reimbursing itself for having paid
any such license fee or other exaction
herein declared unlawful and non-
collectible, shall be deemed guilty of
a violation of the provisions of this
chapter; and the person from with-
out this state is declared to be an
agent and representative of such
combination as declared illegal and
unlawful by 543.01 and shall be sub-
ject to all the penalties hereof.
FRAUDS
725.03 Newspaper subscription.-
No person shall be liable to pay for
any newspaper, periodical or other
like matter, unless he shall subscribe
for or order the same in writing.
OBSTRUCTING JUSTICE
843.16 Unlawful to install radio
equipment using assigned frequency
of state or law enforcement officers;
exceptions; penalties. No person
shall install in any motor vehicle or
business establishment, except
emergency vehicles as herein defined,
or places established by municipal,
county, state, or federal authority for
governmental purposes, any fre-
quency modulation radio receiving
equipment so adjusted or tuned as
to receive messages or signals on fre-
quencies assigned by the federal com-
munications commission to police or
law enforcement officers of any city









FLORIDA LAW OF THE PRESS


or county of the State of Florida or
to the State of Florida or any of its
agencies. Provided, nothing herein
shall be construed to affect any radio
station licensed by the federal com-
munications system or any
holders of a valid amateur radio op-
erator or station license issued by the
federal communications commission.
xxx

SUNDAY TRADE

855.01 Law prohibiting following
business or trade on Sunday does not


apply to preparation, circulation and
sale of newspapers on Sunday.
NEWSPAPERS EXEMPT
855.02 Prohibition against selling
goods on Sunday does not apply to
newspapers.
FICTITIOUS NAMES
865.09 It shall be unlawful to en-
gage in business under a fictitious
name until intention to operate under
said name be advertised and regis-
tered with the clerk of the circuit
court. (See 865.09 Legal Ads).


POLITICAL AD DEFINITION
104.371 Political advertisement defined.
-Political advertisement is an expression
by any mass media, attracting public at-
tention, whether radio, television, news-
paper, magazine, periodical, direct mail,
display or by any means other than by the
spoken word in direct conversation which
will transmit any idea furthering the can-
didacy for public office of any person.









FLORIDA LAW OF THE PRESS 91


INDEX
PAGE
A
Abortions, illegal advertising --..-. ..........---------- -.-------.. 83
Absentee ballots .---_-................-- __------- -----.........---- --_ 22
Adoption of adults .--.--------.............----------19
Adoption of children ---------..._ -------18
Adoption records ......-... --------------------........... 69
Adults, adoption .............----------.-----..-.-......... 19
Advertising by physician .---_.--.-----.--------------------............- 81
Advertising, misleading .........---------------------------.... 84
Advertising, optometrist ------- -----81
Advertising, sales tax _-- ..------... ------.-... ----- -- 71
Agricultural market associations ---------.. .......------------.---.----------. 59
Airport zoning --.._...._-...... ...------ --. ---. .---------- 47
Anatomical board ---.....-----------------------.- ------- 71
Appellate notice -....- ----- ---............- ----............. 16
Architecture, board ---_---------..- ....---------.. -- ---------- ... -.. 54
ASCAP regulations -----------------------.------------------- 89
Assignments, general ......... ------------..------ ------ 63
Associations, foreign -------...-----...... ............-------------... 60
Attorney general's records --- ------ -------.... ...... ................... 68


B

Bank bills --------------.......... ------------------ 84
Bank, liquidation ---------._-------.........----.-------..........------------- --. 61
Banking department, records .....- ........-------------------------- 74
Banking, unauthorized .......-----... ------.----.---- ....... ------- ...-. 83
Banks --- -------------------------------------------- 61
Basic science law ... --.... --.---------.........- ... ............. ----------- -54
Bastardy -..-_ .- --.-......................... ..... ...... _......... ......__.....-- 83
Beverage law ------.----. --................... ...... ..------------------------...... ........_ 57
Beverages, intoxicating ------------------...... ..-------------------- 56
Beverages, local option elections ------------------ -----------......... 57
Birth certificates -.......------------------- ------.-.............. -- ........ 72
Bond election, notice --- ---------------...... ........... 22
Bond money, unclaimed ........._. _..__ ----------------..-. -------. ---._ --.--.. 23
Bonds, county ----..................._ _. ..... --------- 24
Bonds, refunding --.__.___ _..--------------._...........-- .... 24
Bonds, state board of administration .......------...........-------..... 49
Bonds, validation ................---------------- ---- ...... 20
Bonds or securities, sale --._.. .-- ...... ---- --....... ----------........ 6
Bookies _---------------- ------_ ------------------ -. .........- ..... ...-.. 89
Bottles and boxes, marks ----.. -----................ ...-- ----... 55
Building and loan associations --....-------------...-............................... 62













FLORIDA LAW OF THE PRESS


Chastity, want of -- ----------......-...........

Chattel mortgages -----------....--........

Cattle brands ....-...-----------..-...-----

Child placing, juvenile court .............-----------

Children, adoption -------- --- --.- -----

Children, placement, illegal solicitation .....-----------

Chiropractic examiners ---............-.........--- -- ...

Cigarette taxes, records .........---................--------

Citrus dealers' license revocation or suspension ---

Citrus fruit --.----... --... --....-- ..... ---------

Closing highway --... -------.------ _----..----

Closing road -------------..---

Communism ----------------


Comptroller's records ----- -------

Constitution, amendment ......-...-----------

Cdnstitution, revision ........... -----

Constitution, United States, amendment -__-

Constructive service of process -..--------------

Contempt _.__.......- -------.....---------

Contempt of court ........------------------

Cotton, sea island ......-----..... -------.

Cotton, wrecked -------------__........... ---..

Corporations ---_------.....- ----------

Corporations, non-profit ---.......------......

County airports --------------

County assessment .. ------------------------

County bonds -.._....-------------.....

County budget ......----------------------

County buildings -.....--------------------.---

County, closing road -------------------_ ------

County commission, contracts ----------------

County commission, sale of property --.----


PAGE


- 78

- 63

- 50

- 6

. 18

S81

S54

- 71

82

- 58

66

S48


--- --------- 68

.. .---------- 67

-- ------ 67

------68

- ---------- 6

------------- 86

-------------- 85

----------- 57

--------- 63

--- ------- 59

-----.......-- 59

-.-------- 47

--------- 33

--------------- ---- 24
--------- 24

----------- 25

----.---- 48

.---------- 23

--------- 24


County commissioner districts, change -..... ------------------..

County depositories ---------... ........---------------------

County drainage ------......-------------.

County financial reports ....-----__-----....-....- ------- -------__ .----

County hospitals ---_..- ------- -------..- --------..

County, intangible taxes --.----..-_.... ......----------..------------

County libraries ---_...- ------........-------....-------------

County, Murphy Act lands ...----------.---------

County, organization ...------..._..... -------........--------- ------.----

County officers, fees and commissions ------------------.......

County, personal property sale ..............-------------- .-------......-.-----

County records -----..-----...-..-----......------------.-------


-----------------------------

-----------------------------

-----------------------------

-----------------------------

----------------------------

-----------------------------

-----------------------------

-----------------------------

-----------------------------

------------------------------

----------------------


----------------

----------------

----------------

----------------

----------------

----------------

----------------

----------------


------------

------------

------------

------------


------------

------------









FLORIDA LAW OF THE PRESS


PAGE
County recreation areas --- --------- ------- -----.... -----. 24
County road districts -...-------------------------.--.- 25
County roads ........-.-.. ---------------.-...--. .......-------------... 48
County seat, change .....------.-------- -.. ... ....------------------------.. 25
County, tangible property -.. ....... -------------------- 37
County, tax equalization .---..--.---_-..-.-..--------------------- 33
County tax land, sale ... --------.....- -------------------- 36
County, tax sale .-----------------..---- -- ------- 34
County taxes -- ----------_~...---- --.------- ------------------. 33
County taxes, advertising ------------ 35
Coward, publication .------------------------------ 83
Curators ..--- ..----.----.-.. ..... -------------........ -- 66

D

Defamation -_---_-... ......... .-------- -.-----------------.---- 76
Defaulting officers -- ---- ------ 6
Defense against publication ---.....--.._--- .--- -----------16
Deformed persons, illegal advertising ------...--...........---........------- 86
Delinquent lands, sale ........... --------------------- 46
Dentures, advertising .............-------------------------... 81
Depositions .--....--_......_.......--------_- ..... ---------------- 20
Derogatory remarks .------------------- 78
Disease, false rumor ---....----....... -------- --- 81
Divorce, advertisement prohibited ....._..- ............----------------------- 81
Dog and horse racing __...--------.-- 56
Drainage district, benefits ..----------------- 46
Drainage district, election of supervisors .------------------------- 45
Drainage district, extending life ...--------- -....--.. ---------..--- 45
Drainage district, financial statement .---...------------- 45
Drainage district, reclamation plan ...--..........-----.-------------..._ 45
Drainage district, sale of delinquent lands ............ -------------- 46
Drainage districts ...-----....----------------------- 44
Drainage districts, consolidating ..-----.....--------------------- 45

E

Election code, contributions --...-... --.....- -- ... ..-------...-.. ---- 86
Election code, distribution of literature ....... -------------...---- 88
Election code, expenditures by candidate .. ......-----------------...-- 87
Election code, forms for expenditure .... ....-------------------------- 87
Election code, unlawful charges _...--------_-... --.......---------------- 88
Election, county road districts --....... ----------------- -- 25
Election districts, description ...-- --------------- ----------- 22
Election, general, notice -_ ..-.... ..........--------------------------- .....21
Election, special, notice .--- ------------------ 21
Election, state canvassing board -----..---- ----..-----.......------ 22









FLORIDA LAW OF THE PRESS


Elections and electors -
Elections, inspectors and clerks --
Elections, local option -- ------..-......
Electors, registration .. --- --
Eminent domain --..--- ...--.---.--
Endurance contests, illegal advertising
Engineer examiners, records -.----
Engineers, professional -------
Erosion districts -------
Erosion prevention ----
Estates, probate -------
Estrays ---.--.-..... .. .-.
Executive clemency ------------ .


Fairs or expositions
False money lending ------..
False or illegal advertising
Ferry license -- --
Fictitious name
Fictitious names, prohibition -
Flood control ----------
Food, drugs and cosmetics, advertising
Forestry board ---.-----. -----...-......--.-- -----
Forms of Notice by Publication
Adoption -----.. .. ... .-..- --
Bank Liquidation .-- ---
Beverage, Property Forfeiture
Closing Road ... -- -------------
Commissioner's Sale -- -
Condemnation Suit --. -
County Commission Purchase -----
Delinquent Tax Sale ----
Drainage District, Assessment -
Drainage District, Change -.---.
Drainage District, Formation ----
Drainage District, Readjustment -.
Drainage, Reassessment ---
Estates, Final Settlement ---.-
Estates, Notice to Creditors -------
Estates, Probate Petition ..--- ----.
Fictitious Name -----------....
Flood Control District, Formation
Foreclosure, City Tax Lien -.........


PAGE
21
22
57
21
19
83
73
55
27
27
64
63
66


--- 18
61
-------- 56
23, 48
----- 15
19
-- ---- 23
----- 35
----- 45
.----- 44
.. ---- 44
---- 46
---- 27
-.----.-- 65
.-..--- 64
-- ---- 64
---.-- 66
.---- 51
----.- 31









FLORIDA LAW OF THE PRESS 95

PAGE
Forms of Notice by Publication-(Continued)
Free Dealership Application 16
General Election, City ------ 28
Impounded Livestock, Sale 58
Impounding Livestock 58
Impress Lien, Suit--- 14
Land Title Notice -.. .. 18
Local Bill ----- --- 5
Mortgage Foreclosure -. 13
Murphy Act Land Sale ----- -- 33
Notice of Separation -- 16
Notice to Creditors ---15
Personal Property Sale -------- ------ 14
Proof of Publication-General --.------ 11
Proof of Publication-Local Bill ... 5
Quiet Title Suit -------------- 13, 17
Real Property Sale ... -------- .. 15
Sale of Corporate Stock .------- --- 14
Special Master's Sale .. ------ 15
Suit for Divorce -------.----- ....... 13
Tax Deed Application ...----------------- 35
Frauds, newspaper subscription ----. -- -. 89
Free Dealer, application --------- .... .. 16
Freedom of speech and press .------ -- -----. 80

G
Game and Fresh Water Fish Commission, notice of meeting 51
Game and Fresh Water Fish Commission, Rules 51
Game and fish agreements ----- -- 51
General election, notice---- ..-...... 21
Grand jury records ------ 74
Guardian, sale of property ....... ......... .... ...------.... 43
Guardianship -------- .....------ ---- ....... .... .............. 65

H
Handbills, illegal -----------. --- -81
Hatred, exposure to .............------------- 79
Highway patrol ... .. .. .. ... .. .. ...------------ 47
Highway patrol, accident reports ---------------.---- -- -- ...... 71
Hotels ----------55
Housing authority ------------ -..... 53

I
Ice cream containers .---- ---... 55
Illegal tax recovery 6----------









9 FLORIDA LAW OF THE PRESS

Immorality charged .-----.. ............... --....------- ------- 77
Inheritance-estate taxes, records -----------------.......... :.--------- ------ -. 70
Inquest __-------------------------_- ...-------------- -- ------ --- 66
Insurance _-----------------------------_.. -------------- --... -------.... ..... 60
Insurance commissioner, records ......--------. --... 73
Insurance, unfair practices ..------------_ ....------------------. --------. 82
Intangible taxes .- ---....--........ -----------. --------- 37
Intoxicating beverages --.----------------..--- 56

J

Jury duty exemption .........-------------------------.-.....------------ ---- 86
Juvenile court records .......-----------------------------69

L

Land surveyors ...--------------.... ...--.. 55
Landlord and tenant -..-- ---- --------------- 20
Lands titles, re-establishment .-----......... ---- ------------ 18
Legal advertising rates ...---------------..---..--. ----------------- -11
Legal time -..--. .. .......----- ....---- ----- .... -------------------------- 5
Libel -...... ..... ... --------------- ----- ------- ------------ 76
Libel, constitutional provision --.......----------..---------- 80
Libel, defense ...-- ...--- -------- ---------------- 76
Libel, indictment -...- -.... .. ... .. ...------------------------------ ----- 79
Libel, notice -....-....-- .---.--------- ---------- ----- --------- 78
Liens, statutory -....... ------------..--------------- 20
Limited access highways --..-.. ........---.-- -------------------- 49
Livestock board _...-. ...-.... .......----------- --- --- -- 57
Livestock board, fever tick ..----------_---------------.-- 57
Livestock, impounded ----------.....-- ... ..--------.. ....--- ----- 58
Livestock, impounded, sale --.......... ..--------------------- 58
Livestock, mortgages -... ---------- --... ------------ --- 63
Local laws, notice ____------_...----------_... -----...--.....---------- 5
Local laws, proof of publication ...----------.--------------------.. 5
Lost papers and records -...............-------------.---------- --- 17
Lotteries, prohibition ------ ---... .................-----------------.------------------.. 85
Lotteries and giveaways ...... .------------.....-------------------------.....-- -- 84

M

Medical examiners ... ... ....-..-_..... ----------..-----. .-- -------- 54
Merchandise, illegal advertising -.....................-----------------------. 84
Merger, city-district --------......... -----.---..---------- 30
Miscellaneous laws of newspaper and radio ......-------....--- 86
Mortgage foreclosure ............ ----------...........---------------...---- 63
Mortgages, chattel --.. --------------.---------------. 63
Mortgages, livestock --- ---.....--... .........------------..-...--..----------.. ..------ 63











FLORIDA LAW OF THE PRESS


Mosquito control districts ...------------------
Motor carriers, notice of hearing ---_-_.__.
Motor fuel taxes, records .....-- -----.-----
Municipal parking ------------..... ..
Municipal records ....----.....---
Municipal zoning --........----- ----------
Municipalities, bonds ......-- ............----
Municipalities, charter board election --
Municipalities, civil service --....---
Municipalities, collection of taxes --....-
Municipalities, filling vacant lands _---_
Municipalities, fire protection tax .-----__
Municipalities, garbage removal .--..-..-.
Municipalities, merger .-- .....-------- .
Municipalities, organization ..-_-- --.. -
Municipalities, police and firemen -----
Municipalities, restrictions .-----. ..--
Municipalities, special assessments -----
Municipalities, tax foreclosure __..----..
Municipality, construction contracts ---
Municipality, ordinances ------......._..-
Municipality, public works _.........----.
Municipality, revenue bond election ----
Municipality, sewer financing --------.---
Municipality, sewer service charge ...---
Municipality, sewers -. .- ---.........---.---
Municipality, tax adjustment board .---
Municipality, territorial limits .....-------
Murphy Act lands, county tax sale ---__-
Murphy Act sale ..... -------------........

N

Naturopathic examiners ..-------------- --..
New counties, organization --__--.......
Newspaper, definition ...-----_-.... .------
Newspaper, suspended publication ---...
Newspapers, fraudulent subscription
Newspapers, Sunday trade exemption .-
Non-perishables, sale -.----
Notice to Appear ......-. ......---------- .
Notice to Defend ----------..........


Obscene literature
Observation towers


PAGE
-- ---- ----- 52
---------------- 47
--------------- 71
.- ---------- ----- 32
.-- -I- --------- 70
-------. ----- --- 31
--..-. ---------- 29
--- ------------ 28
---------- ---- 31
-.---------------- 29
....-------- .------ 28
..-------- 29
.------------ 28
-.. ----- -- -- 30
-------- 27
--------- -- -- 31
----------- 29
------------- 29
------------ ---30
--------------- 32
-- -------.----- 28
--- ------- -- 32
----------------- 32
------------- 33
------- ---. 32
------------ 32
-------------- 32
---------------- 30
---------------- 37
33


-------- 54
...----- 24
------- 10
------- 12
------- 89
------- 90
50
-------.-.--------------------- 8
----8-- 8
8


85
-- 50










FLORIDA LAW OF THE PRESS


Obstructing justice ----------------....... .....
Oil production, tax -------__ .---. --
Optometrist, advertising --- ---
Oysters and shell fish, lease .. ..-----.
Optometry board -.._ ---- ----


P


Pardons ---- .----
Parking, municipality ---
Parole commission, records ---
Partnership, limited ... -------------------
Perpetuating testimony ---
Pharmacy board ---... ---.._------ --.---
Physician, advertising -----
Pilot commissioners .....-_._...- --------.
Posting ---_ ----- ----
Press, freedom ....---..---......
Private wire service ----------_....---.----


----------- ---------- 66
-32
S 74
----..-.....-------60
-- 21
-------------- 54
---- ------------81
----------.------47
10
--------------80
.......-.--........-- ........ 89


Privilege __ -- __ __- -.-... .__---- -------- 75
Privileged information, juvenile court --------69
Probate of estates .--... .. -------------------- .----. 64
Proceeding in rem .- _------------.---.------------.- 17
Proof of publication, uniform affidavit ...- ------... -........----...------- 11
Public accountants _---__- --------55
Public fair associations----------- --------- ---- 59
Public lands -_ ---------------------- 42
Public records -----------------------------68
Public records, care --_..... -------------------- ------------. 74
Public records open -----------------69
Public safety department -----------------71
Publication, defense ----- ---------------...----- 16
Publication required ......----------- --------- -------------- 10
Purchasing council, state --------------- 43


Quiet title, suit ----


Racing information, transmission illegal ...-----------------
Radio, illegal frequencies ------ ---...........
Radio liability --.________ ------ -...- ---- -


-----82
------ 89
--- 77


PAGE
* 89
38
81
50










FLORIDA LAW OF THE PRESS


Radio Station WRUF ----- -----------
Radio stations, ASCAP ------------------
Railroad Commission -- ------- -.
Rape, name of female ..---------- --------
Real estate commission, records -------- ------. --......... ----.
Reclamation plan .....-- ---.. ------------..
Records, adoption -....-.. ------- ---.--- -
Records, attorney general -__ -------
Records, cigarette taxes --... ------
Records, comptroller -- ------------ ---------
Records, constitutional provisions ------------.......----
Records, county --..------..~_
Records, inheritance-estate taxes -- ---- ..--
Records, juvenile court --.-----.... -..... ----------..
Records, motor fuel taxes --. ----..-..-.....---
Records, municipal .............. ...-------- -- ...-
Records, public -
Records, treasurer __-__ -----_ ------
Registration books --- ----------------
Registration, time ----.-----------
Rent, distress ...--- --... .......................
Revenue bond election, municipality --------
Right of privacy .......----------------
Roads, closing -------. ..----- .--- -.----. ----. --.----... ---------------
Roads, limited access ......----... ---------.....
Roads, vacating or abandoning ..-..........-------...
Rural electric cooperatives ---------------............


S

Sales tax advertising ----------...........---------
Sales tax rule ---.-------..-. .. -..........----------------
Sales tax, seized vehicle ------...........- ...------------..
Sample ballots, notice -----------....- ---------------
School bonds ..-----_.. --------..-------
School bonds, election ..---....-.....-----------
School bonds, sale -----....--- ---.........- .---------
School budgets, public hearing --...........-----. .....
School building contracts ----...--------.... ----------
Schools, county financial report ...------------.. --....... --
School district elections ...---... ------------------ ------
School districts, change in boundaries ------------------------
School districts, new --.. -- -------........
'School tax areas -.... ---------
School textbooks, purchase ----..-.......... --....... -


PAGE
88
--89
-- 50
------ 83
----.. 73
-----. -...- 45
...---- 69
.. 68
.. 71
68
------ 75
70
70
-..--- 69
71
----- 70
69
69
... 21
------. 21
-----...... 20
S--32
S 79
---. -..... 66
----....- 49
-----..-. 23
-.--.-- 53


..-----.. 71
------ 39
------.. 38
------- 22
------- 40
------ 40
------ 41
--.-------41
-----.-39
-------41
.---- 38, 40
.--. -, 38
----.-- 41
----..- 38
----- 39











FLORIDA LAW OF THE PRESS


Sea island cotton -..---.. ....... ---- --.-----
Service by publication -....- ----....-...... -- -------
Service by publication, sworn statement ...................----
Sewer financing .... ------...- ...... -...... ---
Sewer service charge ---. --....-.... ---- .. .---------- .
Sewers, municipality ---- .......------------
Slander -__-...--------- .......-----.-----
Small loan business ..............------------
Soil conservation ............------................
Special assessment bonds ---------........ --- -.
Special assessment roll __....--..------.. ... __ ...
Special assessments, municipality ----------------....------
Special election, notice .--------------------
Special legislation .......----------.. .-
Special road and bridge districts ------...---------------.-
Special road and bridge districts, abolition --------.------__
Speech, freedom ..................- -----...----
Sponge conservation districts ..-------.............. ..--------
State appeal, notice .........-------------------------- -----
State board of administration, bond purchase ...---------
State board of conservation ........--. ....------------
State board of health ----...-..-......... ---------...
State board of health, records .---........_..----------_
State canvassing board .-.......--------------.---.- .------.
State milk commission, records .-------.....--------------
State purchasing council -----. _----------...
State road department ...........------__.....
State road department, budget ------------_._...- ..-......
State road department, purchases --------------..- ..---.
State roads ----.--... ----------...- -
State welfare board, records ------------
Statutory liens .... ---_ ------------------------
Sunday trade prohibited .---_..- -------------..--
Supervisors, drainage districts ------------...... -


Tangible property -_............ .-.....---------. --------
Tax adjustment board, municipality ---------...... ........ -
Tax deed, notice ------.-....-----..........---- ---- ..-----
Tax deed, proof of publication .........---------------.---. .
Tax foreclosure, municipalities ---..--..-...........
Taxes, county delinquent -------.
Telephone hearing ----____....-------


PAGE
.------ 57
-------- 6
S 7------
...------ 33
----- 32
------- 32
-.---.--- 76
S---- 56
------.- 57
------- 29
-. ----- 29
-- ----. --. 29
------- 21
----..- 5
-...... 25
-------- 26
----------85
.....------- 51
.-------- 66
---..---- 49
----.----50
---..----- 52
-------. 72
-- -..... 22
---------73
--------43
----- 48
-----... 48
------- 48
-----....-- 48
-- ----- 72
----..... 20


---.. 37
..-- 32
---- 35
..---- 36
------ 30
---- 34
-- 50


-




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs