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