Bill Text: HB 1567, Engrossed 1

HB 1567, Engrossed 1

2003

A bill to be entitled

An act relating to Broward County; amending chapter 2000-

461, Laws of Florida, relating to the Children’s Services

Council of Broward County; increasing the membership of

the council; revising requirements concerning delivery of

the written budget to Broward County; revising procedures

concerning levying of ad valorem taxes; exempting the

council from payment of fees, taxes, or incremental tax

revenues to community redevelopment agencies; providing

expenditure authority and procedures for budgeted funds up

to $5,000; authorizing expenditures by electronic wire

transfers under specified procedures; providing effective

dates.

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

Section 1. Effective October 1, 2004, section 3 of chapter

2000-461, Laws of Florida, is amended to read:

Section 3. Membership.--Such council shall consist of 11

10members, including:

(1) The senior administrator of the Broward County Health

Department; thesuperintendent of schools; a local school board

member, chosen by a majority of the School Board of Broward

County; the district administrator from district X of the

Department of Children and Family Services, or his or her

designee who is a member of the Senior Management Service or of

the Selected Exempt Service; one member of the County

Commission, chosen by a majority of the Broward County Board of

County Commissioners; and a judge assigned to juvenile cases who

shall sit as a voting member of the board, except that said

judge shall not vote or participate in the setting of ad valorem

taxes under this section. The chief judge of the 17th judicial

circuit shall designate which judge shall serve on the board.

All of the proceeding members shall serve 4-year terms effective

January 2, 2001.

(2) The remaining five members shall be appointed by the

Governor, and shall, to the extent possible, represent the

demographic diversity of the population of Broward County. After

soliciting recommendations from the public, the Broward County

Board of County Commissioners shall submit to the Governor the

names of at least three persons for each vacancy occurring among

the five members to be appointed by the Governor, and the

Governor shall appoint members to the council from the

candidates nominated. The Governor shall make a selection within

a 45-day period or request a new list of candidates. All members

appointed by the Governor shall have been residents of the

county for the previous 24-month period. Such members shall be

appointed for 4-year terms, except that the length of the terms

of the initial appointees shall be for 2 years. The Governor may

remove a member for cause or upon the written petition of a

majority of the County Commission plus one. If any of the

members of the council required to be appointed by the Governor

under the provisions of this subsection shall resign, die, or be

removed from office, the vacancy thereby created shall, as soon

as practicable, be filled by appointment by the Governor, using

the same method as the original appointment, and such

appointment to fill a vacancy shall be for the unexpired term of

the person who resigns, dies, or is removed from office.

Section 2. Section 5 of chapter 2000-461, Laws of Florida,

is amended to read:

Section 5. Fiscal Year.--

(1) The fiscal year of the District shall be the same as

that of Broward County.

(2) On or before July 1 of each year, the Children's

Services Council of Broward County shall prepare and adopt a

tentativeanannual written budget of its expected income and

expenditures, including a contingency fund. The tentative annual

written budget shall be ~~certified and~~delivered to the Board of

County Commissioners on or before July 1 of each year. Included

in each tentative annual~~certified~~budget shall be an estimate

of the millage rate necessary to be applied to raise the funds

budgeted for expenditures, which millage rate shall not exceed a

maximum of 50 cents for each $1,000 of assessed valuation of all

properties within the County which are subject to County taxes.

The adopted annual budget and final millage rate shall be

certified and delivered to the Board of County Commissioners

within 15 days following the council's adoption of final budget

and millage rate pursuant to chapter 200, Florida Statutes.

(3) The budget of the Children's Services Council so

certified and delivered to the Board of County Commissioners

shall not be subject to change or modification by the Board of

County Commissioners or any other authority.

Section 3. Section 6 of chapter 2000-461, Laws of Florida,

is amended to read:

Section 6. Levying of Ad Valorem Taxes.--In order to

provide funds for the Children's Services Council of Broward

County, the council may levy ad valorem taxes annually on all

taxable property in the County in an amount not to exceed one-

half mill, provided that the authority to levy such taxes has

been approved by a majority vote of the electors of the District

voting in the Countywide Election to be held in accordance with

the requirements of the constitution and the laws of Florida and

as set forth in this act. The council shall compute a proposed

millage rate within the voter-approved cap necessary to fund the

tentative budget and, prior to adopting a final budget, comply

with the provisions of section 200.065, Florida Statutes,

relating to the method of fixing millage, and shall fix the

final millage rate by resolution of the council.~~The tax shall~~

~~be assessed, levied, and collected in the same manner and at the~~

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~~same time as is provided by law of the levy, collection, and~~

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~~enforcement of collection of County taxes.~~All tax money

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collected under this act, as soon after the collection thereof

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as is reasonably practicable, shall be paid directly to the

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Children's Services Council by the Tax Collector of the County

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and all other applicable County officials. Notwithstanding any

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general law or special act to the contrary, the council shall

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have an exemption from remitting to any community development

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agency any fees, taxes, or incremental tax revenues attributable

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to increased property valuations within each applicable

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community redevelopment area.The moneys so received by the

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Children's Services Council, shall be deposited in a special

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bank account, shall be withdrawn only by checks signed by the

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chair of the council and countersigned by one other member of

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the council, who shall be so authorized by the council. The

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chair and other member of the council who signs its checks shall

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each give a surety bond in the amount of $1,000 which bond shall

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be conditioned that each shall faithfully discharge the duties

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of their office. No other member of the council shall be

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required to give bond or other security. No funds of the council

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shall be expended except by check as aforesaid, except

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expenditures of petty cash account which shall not at any time

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exceed $100. All expenditures from petty cash shall be recorded

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on the books and records of the Children's Services Council. No

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funds of the council, except the expenditure of petty cash or

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issuance of checks made payable for sums no greater than $5,000,

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shall be expended without prior approval of the council, in

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addition to the budgeting thereof. Budgeted expenditures of

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$5,000 or less that have not received prior council approval

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shall only be authorized upon approval of the chief executive

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officer of the council and shall be reported to the council by

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written report on a monthly basis. For the purposes of this

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section, electronic wire transfers shall be deemed checks if

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written authorization for each wire transfer is obtained from

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the council chair and by an authorized council member.

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Section 4. Except as otherwise provided herein, this act

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shall take effect upon becoming a law.