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.