HB 1567 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to Broward County; amending chapter 2000-
13	461, Laws of Florida, relating to the Children’s Services
14	Council of Broward County; increasing the membership of
15	the council; revising requirements concerning delivery of
16	the written budget to Broward County; revising procedures
17	concerning levying of ad valorem taxes; exempting the
18	council from payment of fees, taxes, or incremental tax
19	revenues to community redevelopment agencies; providing
20	expenditure authority and procedures for budgeted funds up
21	to $5,000; authorizing expenditures by electronic wire
22	transfers under specified procedures; providing effective
23	dates.
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25	Be It Enacted by the Legislature of the State of Florida:
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27	Section 1. Effective October 1, 2004, section 3 of chapter
28	2000-461, Laws of Florida, is amended to read:
29	Section 3. Membership.--Such council shall consist of 11
30	10members, including:
31	(1) The senior administrator of the Broward County Health
32	Department; thesuperintendent of schools; a local school board
33	member, chosen by a majority of the School Board of Broward
34	County; the district administrator from district X of the
35	Department of Children and Family Services, or his or her
36	designee who is a member of the Senior Management Service or of
37	the Selected Exempt Service; one member of the County
38	Commission, chosen by a majority of the Broward County Board of
39	County Commissioners; and a judge assigned to juvenile cases who
40	shall sit as a voting member of the board, except that said
41	judge shall not vote or participate in the setting of ad valorem
42	taxes under this section. The chief judge of the 17th judicial
43	circuit shall designate which judge shall serve on the board.
44	All of the proceeding members shall serve 4-year terms effective
45	January 2, 2001.
46	(2) The remaining five members shall be appointed by the
47	Governor, and shall, to the extent possible, represent the
48	demographic diversity of the population of Broward County. After
49	soliciting recommendations from the public, the Broward County
50	Board of County Commissioners shall submit to the Governor the
51	names of at least three persons for each vacancy occurring among
52	the five members to be appointed by the Governor, and the
53	Governor shall appoint members to the council from the
54	candidates nominated. The Governor shall make a selection within
55	a 45-day period or request a new list of candidates. All members
56	appointed by the Governor shall have been residents of the
57	county for the previous 24-month period. Such members shall be
58	appointed for 4-year terms, except that the length of the terms
59	of the initial appointees shall be for 2 years. The Governor may
60	remove a member for cause or upon the written petition of a
61	majority of the County Commission plus one. If any of the
62	members of the council required to be appointed by the Governor
63	under the provisions of this subsection shall resign, die, or be
64	removed from office, the vacancy thereby created shall, as soon
65	as practicable, be filled by appointment by the Governor, using
66	the same method as the original appointment, and such
67	appointment to fill a vacancy shall be for the unexpired term of
68	the person who resigns, dies, or is removed from office.
69	Section 2. Section 5 of chapter 2000-461, Laws of Florida,
70	is amended to read:
71	Section 5. Fiscal Year.--
72	(1) The fiscal year of the District shall be the same as
73	that of Broward County.
74	(2) On or before July 1 of each year, the Children's
75	Services Council of Broward County shall prepare and adopt a
76	tentativeanannual written budget of its expected income and
77	expenditures, including a contingency fund. The tentative annual
78	written budget shall be certified anddelivered to the Board of
79	County Commissioners on or before July 1 of each year. Included
80	in each tentative annualcertifiedbudget shall be an estimate
81	of the millage rate necessary to be applied to raise the funds
82	budgeted for expenditures, which millage rate shall not exceed a
83	maximum of 50 cents for each $1,000 of assessed valuation of all
84	properties within the County which are subject to County taxes.
85	The adopted annual budget and final millage rate shall be
86	certified and delivered to the Board of County Commissioners
87	within 15 days following the council's adoption of final budget
88	and millage rate pursuant to chapter 200, Florida Statutes.
89	(3) The budget of the Children's Services Council so
90	certified and delivered to the Board of County Commissioners
91	shall not be subject to change or modification by the Board of
92	County Commissioners or any other authority.
93	Section 3. Section 6 of chapter 2000-461, Laws of Florida,
94	is amended to read:
95	Section 6. Levying of Ad Valorem Taxes.--In order to
96	provide funds for the Children's Services Council of Broward
97	County, the council may levy ad valorem taxes annually on all
98	taxable property in the County in an amount not to exceed one-
99	half mill, provided that the authority to levy such taxes has
100	been approved by a majority vote of the electors of the District
101	voting in the Countywide Election to be held in accordance with
102	the requirements of the constitution and the laws of Florida and
103	as set forth in this act. The council shall compute a proposed
104	millage rate within the voter-approved cap necessary to fund the
105	tentative budget and, prior to adopting a final budget, comply
106	with the provisions of section 200.065, Florida Statutes,
107	relating to the method of fixing millage, and shall fix the
108	final millage rate by resolution of the council.The tax shall
109	be assessed, levied, and collected in the same manner and at the
110	same time as is provided by law of the levy, collection, and
111	enforcement of collection of County taxes.All tax money
112	collected under this act, as soon after the collection thereof
113	as is reasonably practicable, shall be paid directly to the
114	Children's Services Council by the Tax Collector of the County
115	and all other applicable County officials. Notwithstanding any
116	general law or special act to the contrary, the council shall
117	have an exemption from remitting to any community development
118	agency any fees, taxes, or incremental tax revenues attributable
119	to increased property valuations within each applicable
120	community redevelopment area.The moneys so received by the
121	Children's Services Council, shall be deposited in a special
122	bank account, shall be withdrawn only by checks signed by the
123	chair of the council and countersigned by one other member of
124	the council, who shall be so authorized by the council. The
125	chair and other member of the council who signs its checks shall
126	each give a surety bond in the amount of $1,000 which bond shall
127	be conditioned that each shall faithfully discharge the duties
128	of their office. No other member of the council shall be
129	required to give bond or other security. No funds of the council
130	shall be expended except by check as aforesaid, except
131	expenditures of petty cash account which shall not at any time
132	exceed $100. All expenditures from petty cash shall be recorded
133	on the books and records of the Children's Services Council. No
134	funds of the council, except the expenditure of petty cash or
135	issuance of checks made payable for sums no greater than $5,000,
136	shall be expended without prior approval of the council, in
137	addition to the budgeting thereof. Budgeted expenditures of
138	$5,000 or less that have not received prior council approval
139	shall only be authorized upon approval of the chief executive
140	officer of the council and shall be reported to the council by
141	written report on a monthly basis. For the purposes of this
142	section, electronic wire transfers shall be deemed checks if
143	written authorization for each wire transfer is obtained from
144	the council chair and by an authorized council member.
145	Section 4. Except as otherwise provided herein, this act
146	shall take effect upon becoming a law.