Senate Bill sb2086er

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    2002 Legislature                        SB 2086, 1st Engrossed



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  2         An act relating to children's services;

  3         amending s. 125.901, F.S.; providing for the

  4         creation of a council on children's services in

  5         any county that has a home rule charter;

  6         providing for council membership and terms of

  7         office; providing an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (1) of section 125.901, Florida

12  Statutes, is amended to read:

13         125.901  Children's services; independent special

14  district; council; powers, duties, and functions.--

15         (1)  Each county may by ordinance create an independent

16  special district, as defined in ss. 189.403(3) and

17  200.001(8)(e), to provide funding for children's services

18  throughout the county in accordance with this section. The

19  boundaries of such district shall be coterminous with the

20  boundaries of the county.  The county governing body shall

21  obtain approval, by a majority vote of those electors voting

22  on the question, to annually levy ad valorem taxes which shall

23  not exceed the maximum millage rate authorized by this

24  section.  Any district created pursuant to the provisions of

25  this subsection shall be required to levy and fix millage

26  subject to the provisions of s. 200.065.  Once such millage is

27  approved by the electorate, the district shall not be required

28  to seek approval of the electorate in future years to levy the

29  previously approved millage.

30         (a)  The governing board of the district shall be a

31  council on children's services, which may also be known as a


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  1  juvenile welfare board or similar name as established in the

  2  ordinance by the county governing body. Such council shall

  3  consist of 10 members, including: the superintendent of

  4  schools; a local school board member; the district

  5  administrator from the appropriate district of the Department

  6  of Children and Family Services, or his or her designee who is

  7  a member of the Senior Management Service or of the Selected

  8  Exempt Service; one member of the county governing body; and

  9  the judge assigned to juvenile cases who shall sit as a voting

10  member of the board, except that said judge shall not vote or

11  participate in the setting of ad valorem taxes under this

12  section. If In the event there is more than one judge assigned

13  to juvenile cases in a county, the chief judge shall designate

14  one of said juvenile judges to serve on the board. The

15  remaining five members shall be appointed by the Governor, and

16  shall, to the extent possible, represent the demographic

17  diversity of the population of the county.  After soliciting

18  recommendations from the public, the county governing body

19  shall submit to the Governor the names of at least three

20  persons for each vacancy occurring among the five members

21  appointed by the Governor, and the Governor shall appoint

22  members to the council from the candidates nominated by the

23  county governing body.  The Governor shall make a selection

24  within a 45-day period or request a new list of candidates.

25  All members appointed by the Governor shall have been

26  residents of the county for the previous 24-month period.

27  Such members shall be appointed for 4-year terms, except that

28  the length of the terms of the initial appointees shall be

29  adjusted to stagger the terms.  The Governor may remove a

30  member for cause or upon the written petition of the county

31  governing body.  If any of the members of the council required


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  1  to be appointed by the Governor under the provisions of this

  2  subsection shall resign, die, or be removed from office, the

  3  vacancy thereby created shall, as soon as practicable, be

  4  filled by appointment by the Governor, using the same method

  5  as the original appointment, and such appointment to fill a

  6  vacancy shall be for the unexpired term of the person who

  7  resigns, dies, or is removed from office.

  8         (b)  However, any county as defined in s. 125.011(1)

  9  may instead have a governing board consisting of 33 members,

10  including: the superintendent of schools; two representatives

11  of public postsecondary education institutions located in the

12  county; the county manager or the equivalent county officer;

13  the district administrator from the appropriate district of

14  the Department of Children and Family Services, or the

15  administrator's designee who is a member of the Senior

16  Management Service or the Selected Exempt Service; the

17  director of the county health department or the director's

18  designee; the state attorney for the county or the state

19  attorney's designee; the chief judge assigned to juvenile

20  cases, or another juvenile judge who is the chief judge's

21  designee and who shall sit as a voting member of the board,

22  except that the judge may not vote or participate in setting

23  ad valorem taxes under this section; an individual who is

24  selected by the board of the local United Way or its

25  equivalent; a member of a locally recognized faith-based

26  coalition, selected by that coalition; a member of the local

27  chamber of commerce, selected by that chamber or, if more than

28  one chamber exists within the county, a person selected by a

29  coalition of the local chambers; a member of the local school

30  readiness coalition, selected by that coalition; a

31  representative of a labor organization or union active in the


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  1  county; a member of a local alliance or coalition engaged in

  2  cross-system planning for health and social service delivery

  3  in the county, selected by that alliance or coalition; a

  4  member of the local Parent-Teachers

  5  Association/Parent-Teacher-Student Association, selected by

  6  that association; a youth representative selected by the local

  7  school system's student government; a local school board

  8  member appointed by the chair of the school board; the mayor

  9  of the county or the mayor's designee; one member of the

10  county governing body, appointed by the chair of that body; a

11  member of the state Legislature who represents residents of

12  the county, selected by the chair of the local legislative

13  delegation; an elected official representing the residents of

14  a municipality in the county, selected by the county municipal

15  league; and 4 members-at-large, appointed to the council by

16  the majority of sitting council members. The remaining 7

17  members shall be appointed by the Governor in accordance with

18  procedures set forth in paragraph (a), except that the

19  Governor may remove a member for cause or upon the written

20  petition of the council. Appointments by the Governor must, to

21  the extent reasonably possible, represent the geographic and

22  demographic diversity of the population of the county. Members

23  who are appointed to the council by reason of their position

24  are not subject to the length of terms and limits on

25  consecutive terms as provided in this section. The remaining

26  appointed members of the governing board shall be appointed to

27  serve 2-year terms, except that those members appointed by the

28  Governor shall be appointed to serve 4-year terms, and the

29  youth representative and the legislative delegate shall be

30  appointed to serve 1-year terms. A member may be reappointed;

31  however, a member may not serve for more than three


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  1  consecutive terms. A member is eligible to be appointed again

  2  after a 2-year hiatus from the council.

  3         (c)(b)  Nothing in This subsection does not shall

  4  prohibit a county from exercising such power as is provided by

  5  general or special law to provide children's services or to

  6  create a special district to provide such services.

  7         Section 2.  This act shall take effect July 1, 2002.

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