From the Legal Hotline (1-877-NEWS-LAW)
Q. Is there an end date for the Chapter 50 top-navigation/prominent position requirement for public notices on our paper’s website? I do not recall an expiration date on this. Could you verify for me? Also, does that language mean that it must be on the top navigation bar or does including it in the left rail hamburger menu work?
A. There is no end date. The following language remains in the law–“a link to the legal notices webpage must be provided on the front of newspaper’s website.” Regarding your other question, I think you could argue that either format you mention is a link that is provided on the front page, and is allowed.
Q. I have several questions regarding cannabis/medical marijuana advertising—
How do you go about getting approval from the Department of Health? Has the statute been updated? It seems that I can still help a dispensary with things like SEO (search engine optimization) for their website, right? Any feedback would be greatly appreciated.
A. The rules have not been updated and remain the same (see attached).
One rule is that dispensaries may not “engage in internet advertising and marketing” unless the “advertisement [is] approved by the department.” Regarding approval, attached are some tips requesting approval from OMMU. Unfortunately, as you can see, it appears to be a complicated process that involves the dispensary submitting a “variance request.” The applicant completes each section of the form that is applicable, and attaches all required documentation based on each section’s requirements. In sum, I think your dispensary advertiser would be more familiar with how to obtain approval in the most time effective way.
Although outside advertising needs approval, brands appear to be free to make use of owned media and content marketing channels such as blogs, websites, white papers and newsletters or opt-in programs like text message lists to highlight their brands. So, I think you could help them in this regard. Here is an article on content marketing that may be of interest: https://www.mygrasslands.com/cannabis-marketing/what-is-cannabis-content-marketing
Here are the dispensary ad requirements–
A. Dispensary advertising/marketing is limited by law in Florida, as set forth below (s.381.986).
2. A medical marijuana treatment center may engage in Internet advertising and marketing under the following conditions:
a. All advertisements must be approved by the department.
b. An advertisement may not have any content that is attractive to children or which promotes the recreational use of marijuana.
c. An advertisement may not be an unsolicited pop-up advertisement.
d. Opt-in marketing must include an easy and permanent opt-out feature.
Q. I hope you’re doing well. I’ve come across an attachment that’s being shared among towing companies, and I wanted to touch base with you to verify its accuracy. I want to ensure that they’re interpreting the law correctly to not require newspaper notice.
A.Yes, this is correct. The new law ends newspaper notice regarding wrecker lien foreclosures and allows notification on a “publicly available website maintained by an approved third-party service.” The third-party service also must “electronically report to the agency via an electronic data exchange process using a web interface” the lien sale and vehicle information. We fought the newspaper exclusion all session with allies and from various angles but were not successful.
Q. I have a question regarding use of audited household circulation to qualify to run legal notices as opposed to a periodicals permit. When the law says a publication must reach 10% of households (print and online), is that total number of available households or occupied households?
Our county clerk is trying to get the definitive numbers for me since the last census in a quickly growing area like ours. So, in other words, she can go by homesteaded properties which requires they be occupied more than 6 months per year, or are we just talking available dwelling units? According to her, we have already over built and there are many more units coming over the next couple of years.
Also, our city is a municipality in a large county. Do we go by municipality numbers or do we go by the entire county numbers?
A. The household number is the line item on the census. I don’t think occupied or available come into play. As to your second question, I believe it is the intent of the law to use the city household number where the notice pertains to the municipality and the county number for county notices.
Q. Can you look at the attached legal ads from our county and give us an opinion of whether any of them are still required to be published in print based on the new statutes and the roughly 18 categories of government notices that can be placed on the county’s “publicly accessible website?”
A. These notices relate to hearings or other proceedings regarding county special assessments for water and sewer, street lighting, bulk waste, and abatement of nuisances. There is also a notice of hearing for fire district special assessment. Briefly looking at the statutes that address these assessments, they appear to require printed notice in the newspaper and do not refer to use of the county website Our position is that unless the statute allows notice via the “publicly accessible website” (i.e., the county website) or “as provided in Chapter 50” (generally the 18 notices you refer to), then printed publication in the newspaper is still required.
Q. Our county school board is now posting legally required advertisements and public notices on its own website and the county website. Previously, this information was published only in local newspapers. Is this allowed?
A. Last session, the legislature made several changes regarding school board notices that allowed them on government websites. We fought all of them and had some success keeping newspaper notices (meeting notifications) as an option but, yes, some of the notices relating to budgets and millage can now be placed on the county or the district website only.