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DEC 14 1993 <br />BOOK 91 r-, Gu 257 <br />as the one year publication requirement appears aimed at fly by night <br />operators, the 14 year publication record of the "Sun" would appear <br />to met the statutory intent. In view of the foregoing, it is my <br />opinion that the "Sun" under its two mastheads is a newspaper in <br />which legal notices and process may be published. <br />Having reached this conclusion, attention should be directed to Section <br />50.061, F . S . , 'which sets forth the charge for publishing each <br />official notice at 70 cents per square inch for the first insertion and <br />40 cents per square inch for each subsequent insertion. When the <br />regular established minimum commercial (as opposed to "official <br />notices") rate per square inch exceeds the above rate, said minimum <br />commercial rate may be charged for legal notices. The Press Journal <br />currently charges $9.74 per square inch (a copy of their legal billing <br />table is attached) . Therefore, under Section 50.061(3) , F. S . , the <br />County and municipalities may solicit and accept written bids from <br />newspaper published in the County. <br />In view of the foregoing, it might be a good idea for the County <br />to solicit bids from the two county newspapers that appear to qualify <br />under Section 50.031, F.S. , to see if a substantial cost savings could <br />be realized. However, if the Sun were the low bidder it may be <br />prudent to seek a declaratory judgement from the court as to the <br />legality of using the Sun under Chapter 50, F.S. , before actually <br />placing legal notices. Such a proceeding is relatively uncomplicated <br />and can be accomplished with very little expense. <br />Assistant County Attorney Terry O'Brien advised that it is not <br />difficult to file a request for declaratory judgment in Court, and <br />we could do that while simultaneously requesting bids from both <br />newspapers. <br />Attorney Vitunac explained that although staff is comfortable <br />that the Vero Beach Sun is a legal newspaper, it is better to make <br />absolutely sure by obtaining a declaratory judgment. <br />ON MOTION by Commissioner Adams, SECONDED by <br />Commissioner Macht, the Board unanimously (4-0, <br />Chairman Bird being absent) directed the Purchasing <br />Department to prepare bids for publishing legal <br />advertisements and other official notices for <br />calendar year 1994, and directed the Legal <br />Department to seek a declaratory judgment as to the <br />legality of using the Vero Beach Sun under Chapter <br />50, F.S., before actually placing legal notices. <br />CITY OF VERO BEACH REQUEST FOR JOINT RESOLUTION ON USE OF TOURIST <br />TAX REVENUES <br />Deputy County Attorney Will Collins commented from the <br />attached memo dated December 6, 1993: <br />38 <br />