Marion County’s “transparency” plan lacks independence
The Marion County Commission will consider a new ordinance on Sept. 16 that would allow the county to publish legal notices only on its own website, rather than through independent outlets.
The meeting agenda claims the measure will “increase accessibility and transparency.” Let’s be clear: making government the sole publisher of its own legal obligations doesn’t enhance transparency—it removes independent oversight.
To advertise this very hearing, the county had to publish its notice in the “Ocala Star-Banner.” But if this ordinance passes, future ordinances could be enacted with notice posted only on the county’s website.
What’s at stake
What types of notices could move to the county website? Legal or special legislation, code enforcement actions, disclosures of tax impacts by value adjustment boards, advertisements of real or personal property with delinquent taxes (s. 197.402), hearing notices, millage rates and budgets (s. 200.065), turnpike project notices (s. 338.223), and public-private partnership notices (ss. 348.0308 and 348.7605)—just to name a few.
Imagine challenging a foreclosure or zoning change and being told the county “posted notice” on its own website. Would you trust government staff to certify their own compliance? Currently, independent publishers like the “Ocala Gazette” sign affidavits each week verifying what notices were published to the public. That safeguard disappears if the county takes over.
Every notice the “Gazette” publishes runs in multiple formats: in print to subscribers and retail racks, in our weekly e-edition delivered by email, on our website (averaging 125,000 views from 83,000 unique users each month), and on the statewide repository FloridaPublicNotices.com. That’s broad, layered distribution and, most importantly, independent verification.
Independence matters
Florida lawmakers gave counties the option in 2022 under HB 7049 to post notices on their own websites. But it’s a choice, not a mandate. Some counties, including Citrus and Polk, have already rejected this option because independent notice to the public matters and the public recognized it and raised their voices in opposition.
We know from experience that government staff sometimes miss deadlines for public notice. When that happens now, the remedy is public and documented through newspapers. But if government becomes its own publisher, who verifies the correction?
And let’s be honest: the “Gazette” covers government aggressively, publishing facts that sometimes upset advertisers or officials. The public needs independent fact finders so they can hold public officials in Marion County responsible for the decisions they make.
That independence is exactly why notices to the public belong in newspapers.
What does the public want?
A Mason-Dixon survey this year found 92% of Floridians believe governments should be required to publish notices in newspapers and on FloridaPublicNotices.com, while 71% said they would be unlikely to seek them out on a government website.
Newspaper sites deliver daily content, attract engaged local audiences, and archive notices in a free, searchable format. And while critics like to dismiss print, it remains a vital medium for seniors and low-income residents—groups often most affected by tax assessments, zoning changes, and property disputes.
The cost-savings mirage
The commission insists the change will save taxpayer dollars. But the law itself makes savings doubtful. Under Chapter 50, residents can request to receive notices by first-class mail or email.
As Sam Morley, attorney for the Florida Press Association, explains: “The statutory language does not include language that allows the county to charge registrants for the mailing.”
That means taxpayers pay for postage, staff time, and recordkeeping. If even a fraction of households request mailed notices, costs could easily surpass any supposed savings.
The county must also allow other government entities to use its website for legal notices—and must honor mailing requests for those, too. How much staff will that require? How will municipalities and districts be billed? And will they even agree to rely on the county website, given their frequent disagreements with the county on budgets and public safety?
Morley further warns that counties assume new liabilities when they self-publish: precise time stamping, affidavit certification, and potential lawsuits if errors occur.
And even if savings exist, they are tiny. Public notice spending is already just a sliver of the budget. Marion County currently budgets $218,000 a year for advertising legal notices to the public and most of it is paid to the Ocala Star-Banner.
For context, the county budgeted $257,900 this year to create and promote “Insider” social media videos of Carl Zalak exploring Marion County gems.
Transparency and independence are worth far more.
A better path
Three local newspapers currently qualify to run Marion County’s notices: the “Ocala Star-Banner,” the “Ocala Gazette,” and the “Voice of South Marion.” The county does not seek competitive bids except for the delinquent tax roll—which, under this ordinance, would vanish from newspapers entirely.
The “Gazette” has offered to save the county an estimated 40% by switching its notices to a locally owned paper. County officials have refused to discuss it. Perhaps that’s because the “Gazette” covers county government most closely.
By shifting notices to its own website, the county is asking the public to accept government as both messenger and monitor. The Florida Press Association warns: “Government posting of government notices on government websites removes third-party neutrality.”
Transparency requires oversight. Independence ensures accountability. When government controls the process from start to finish, the safeguard of outside verification is lost.
Other counties have rejected this path. Marion should too. As former Florida Press Association President Jim Fogler asked when this law passed: “When a law is working, why change it?”
The current system works. Notices are published to the public in print and online, they are archived statewide and verified by independent publishers. That is what true transparency looks like.
Please reach out to your elected officials and encourage them to keep things as they are.
Marion County Commissioners
Carl Zalak [email protected]
Kathy Bryant [email protected]
Michelle Stone [email protected]
Craig Curry [email protected]
Matt McClain [email protected]
Clerk of Court and Comptroller for Marion County
Greg Harrell [email protected]
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