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| 1 | A bill to be entitled | ||
| 2 | An act relating to the Juvenile Welfare Board of Pinellas | ||
| 3 | County; providing legislative intent; amending, codifying, | ||
| 4 | and reenacting chapters 23483 (1945), 24826 (1947), 25500 | ||
| 5 | (1949), 26356 (1949), 61-2675, 65-2101, 70-894, 79-555, | ||
| 6 | 92-228, 93-311, 95-473, and 2000-427, Laws of Florida; | ||
| 7 | repealing all prior special acts relating to the Juvenile | ||
| 8 | Welfare Board of Pinellas County; providing an effective | ||
| 9 | date. | ||
| 10 | |||
| 11 | Be It Enacted by the Legislature of the State of Florida: | ||
| 12 | |||
| 13 | Section 1.Pursuant to section 189.429, Florida Statutes, | ||
| 14 | this act constitutes the codification of all special acts | ||
| 15 | relating to the Juvenile Welfare Board of Pinellas County. It is | ||
| 16 | the intent of the Legislature in enacting this law to provide a | ||
| 17 | single, comprehensive special act charter for the board, | ||
| 18 | including all current legislative authority granted to the board | ||
| 19 | by its several legislative enactments and any additional | ||
| 20 | authority granted by this act. It is further the intent of this | ||
| 21 | act to preserve all board authority in addition to any authority | ||
| 22 | contained in chapter 298, Florida Statutes, as amended from time | ||
| 23 | to time. | ||
| 24 | Section 2.Chapters 23483 (1945), 24826 (1947), 25500 | ||
| 25 | (1949), 26356 (1949), 61-2675, 65-2101, 70-894, 79-555, 92-228, | ||
| 26 | 93-311, 95-473, and 2000-427, Laws of Florida, are amended, | ||
| 27 | codified, reenacted, and repealed as herein provided. | ||
| 28 | Section 3. The charter for the Juvenile Welfare Board of | ||
| 29 | Pinellas County is re-created and reenacted to read: | ||
| 30 | PART I. | ||
| 31 | There is hereby created for Pinellas County, Florida, the | ||
| 32 | Juvenile Welfare Board of Pinellas County, which shall consist | ||
| 33 | of eleven (11) members. One (1) member shall be the county | ||
| 34 | superintendent of public instruction, and the second member | ||
| 35 | shall be a judge in the juvenile division of the Sixth Circuit | ||
| 36 | Court, who each shall hold office on the board during the term | ||
| 37 | of office in the official capacity stated. The third and fourth | ||
| 38 | members shall be the state attorney and the public defender for | ||
| 39 | the county, and the fifth member shall be an appointed member of | ||
| 40 | the Board of County Commissioners of Pinellas County, Florida, | ||
| 41 | who each shall hold office on the board during the term of | ||
| 42 | office in the official capacity stated. The other six (6) | ||
| 43 | members shall be appointed by the Governor of the State of | ||
| 44 | Florida and confirmed by the Senate. All appointments of | ||
| 45 | members of the board required to be made by the Governor shall | ||
| 46 | be for the term of four (4) years each. If any of the members | ||
| 47 | of the board required to be appointed by the Governor under the | ||
| 48 | provisions of this section shall resign, die, or be removed from | ||
| 49 | office, the vacancy thereby created shall, as soon as | ||
| 50 | practicable, be filled by appointment by the Governor, and such | ||
| 51 | appointment to fill a vacancy shall be for the unexpired term of | ||
| 52 | the person who resigns, dies, or is removed from office. | ||
| 53 | PART 2. | ||
| 54 | (a) The board hereby created shall have the following | ||
| 55 | powers and duties: | ||
| 56 | 1. To provide and maintain in the county such preventive, | ||
| 57 | developmental, treatment, and rehabilitative services for | ||
| 58 | children as the Board determines are needed for the general | ||
| 59 | welfare of the county. | ||
| 60 | 2. To provide such other services for children as the | ||
| 61 | Board determines are needed for the general welfare of the | ||
| 62 | county. | ||
| 63 | 3. To allocate and provide funds for other agencies in the | ||
| 64 | county which are operated for the benefit of juveniles, provided | ||
| 65 | they are not under the exclusive jurisdiction of the public | ||
| 66 | school system. | ||
| 67 | 4. To collect information and statistical data which will | ||
| 68 | be helpful to the board in deciding the needs of juveniles in | ||
| 69 | the county and to consult with other agencies dedicated to the | ||
| 70 | welfare of juveniles to the end that the overlapping of services | ||
| 71 | will be prevented. | ||
| 72 | 5. To lease or buy such real estate, equipment, and | ||
| 73 | personal property and to construct such buildings as are needed | ||
| 74 | to execute the foregoing powers and duties, provided that no | ||
| 75 | such purchases shall be made or building done except for cash | ||
| 76 | with funds on hand, and to employ and pay on a part or full-time | ||
| 77 | basis personnel needed to execute the foregoing powers and | ||
| 78 | duties. | ||
| 79 | 6. Books of account shall be kept by the Board or its | ||
| 80 | staff, and the fiscal affairs of such Board shall be audited | ||
| 81 | annually by certified public accountants selected by the Board | ||
| 82 | for such purposes. | ||
| 83 | (b) The Juvenile Welfare Board of Pinellas County shall be | ||
| 84 | exempt from the payment of any fees, taxes, or increment | ||
| 85 | revenues to community redevelopment agencies established | ||
| 86 | pursuant to part III of chapter 163, Florida Statutes, except to | ||
| 87 | the extent that such fees, taxes, or increment revenues have | ||
| 88 | previously been pledged to bonds, notes, or other forms of | ||
| 89 | indebtedness authorized and issued by the governing body of a | ||
| 90 | municipality or a community redevelopment agency before May 5, | ||
| 91 | 1993. With respect to the fees, taxes, or increment revenues | ||
| 92 | that, before May 5, 1993, have previously been pledged to bonds, | ||
| 93 | notes, or other forms of indebtedness, the Juvenile Welfare | ||
| 94 | Board of Pinellas County shall be exempt from the payment of any | ||
| 95 | further fees, taxes, or increment revenues to community | ||
| 96 | redevelopment agencies, upon the payment or other defeasance of | ||
| 97 | such bonds, notes, or other forms of indebtedness. | ||
| 98 | PART 3. | ||
| 99 | Section 1. | ||
| 100 | (a) After this act becomes a law, the Juvenile Welfare | ||
| 101 | Board of Pinellas County shall adopt an annual fiscal year which | ||
| 102 | shall be the same as that of the Board of County Commissioners | ||
| 103 | of Pinellas County. | ||
| 104 | (b) On or before July 1st of each year hereafter, the | ||
| 105 | Juvenile Welfare Board of Pinellas County shall prepare and | ||
| 106 | adopt an annual written budget of its expected income and | ||
| 107 | expenditures, including a contingency fund. The said written | ||
| 108 | budget shall be certified and delivered to the Board of County | ||
| 109 | Commissioners of Pinellas County on or before the first day of | ||
| 110 | July each year. Included in each certified budget shall be an | ||
| 111 | estimate of the millage rate necessary to be applied to raise | ||
| 112 | the funds budgeted for expenditures, which millage rate shall | ||
| 113 | not exceed a maximum of $1.00 for each $1,000.00 of assessed | ||
| 114 | valuation of all properties within Pinellas County which are | ||
| 115 | subject to county taxes. | ||
| 116 | (c) Said budget of the Juvenile Welfare Board of Pinellas | ||
| 117 | County so certified and delivered to the Board of County | ||
| 118 | Commissioners of Pinellas County shall not be subject to change | ||
| 119 | or modification by the said Board of County Commissioners, or | ||
| 120 | any other authority. | ||
| 121 | Section 2. | ||
| 122 | (a) In order to provide funds for the board, there shall | ||
| 123 | be levied annually on all property in Pinellas County which is | ||
| 124 | subject to county taxes an additional tax of up to one dollar | ||
| 125 | ($1.00) for each one thousand dollars ($1,000.00) of assessed | ||
| 126 | valuation of said property for the year 1990 and each subsequent | ||
| 127 | year. | ||
| 128 | (b) The Board of County Commissioners shall direct the | ||
| 129 | levy of said additional tax at the millage rate so certified by | ||
| 130 | the Juvenile Welfare Board of Pinellas County, up to a maximum | ||
| 131 | of one dollar ($1.00) for each one thousand dollars ($1,000.00) | ||
| 132 | of the assessed valuation of all property in the county which is | ||
| 133 | subject to county tax. | ||
| 134 | (c) The additional tax above provided shall be assessed, | ||
| 135 | levied, and collected in the same manner and at the same time, | ||
| 136 | and its collection shall be enforced in the same manner and at | ||
| 137 | the same time, as is provided by law for the levy, collection, | ||
| 138 | and enforcement of collection of other county taxes. All tax | ||
| 139 | money collected under the terms of this act, as soon after the | ||
| 140 | collection thereof as is reasonably practical, shall be paid | ||
| 141 | directly to the Juvenile Welfare Board of Pinellas County by the | ||
| 142 | tax collector of the county or the clerk of the circuit court if | ||
| 143 | he or she collects delinquent taxes. The moneys so received by | ||
| 144 | the Juvenile Welfare Board of Pinellas County shall be deposited | ||
| 145 | in a special bank account and shall be withdrawn only by checks | ||
| 146 | signed by the chair of said board, and countersigned by one | ||
| 147 | other member of the juvenile welfare board who shall be so | ||
| 148 | authorized by the board. | ||
| 149 | (d) No funds of the Juvenile Welfare Board of Pinellas | ||
| 150 | County shall be expended except by check or an appropriate | ||
| 151 | electronic transfer method as aforesaid, except expenditures | ||
| 152 | from a petty cash account which shall not at any time exceed one | ||
| 153 | hundred dollars ($100.00). All expenditures from petty cash | ||
| 154 | shall be recorded on the books and records of the juvenile | ||
| 155 | welfare board. | ||
| 156 | (e) No funds of the Juvenile Welfare Board of Pinellas | ||
| 157 | County excepting expenditures from petty cash shall be expended | ||
| 158 | without prior approval of the board, in addition to the | ||
| 159 | budgeting thereof. | ||
| 160 | (f) It is the intent of the Legislature that the funds | ||
| 161 | collected pursuant to the provisions of this act shall be used | ||
| 162 | to support improvements in children’s services and that such | ||
| 163 | funds not be used as a substitute for existing resources or for | ||
| 164 | resources that would otherwise be available for children’s | ||
| 165 | services. | ||
| 166 | Section 3. Within ten (10) days after the expiration of | ||
| 167 | each quarter annual period, the Juvenile Welfare Board of | ||
| 168 | Pinellas County shall cause to be prepared and filed with the | ||
| 169 | Board of County Commissioners of Pinellas County a financial | ||
| 170 | report which shall include the following: | ||
| 171 | (a) The total expenditures of the Board for said quarter | ||
| 172 | annual period. | ||
| 173 | (b) The total receipts of the Board during said quarter | ||
| 174 | annual period. | ||
| 175 | (c) A statement of the funds the Board has on hand or in | ||
| 176 | banks at the end of said quarter annual period. | ||
| 177 | PART 4. | ||
| 178 | If in the judgment of the Board of County Commissioners of | ||
| 179 | Pinellas County the Juvenile Welfare Board of Pinellas County | ||
| 180 | needs additional funds to further its purposes and its work, | ||
| 181 | then said Board of County Commissioners is hereby authorized to | ||
| 182 | furnish such additional funds to the Juvenile Welfare Board of | ||
| 183 | Pinellas County from its contingency or other reserves. | ||
| 184 | Section 4.If any provision of this act or the application | ||
| 185 | thereof to any person or circumstance is held invalid, the | ||
| 186 | invalidity shall not affect other provisions or applications of | ||
| 187 | the act which can be given effect without the invalid provision | ||
| 188 | or application, and to this end the provisions of this act are | ||
| 189 | declared severable. | ||
| 190 | Section 5.In the event of a conflict between the | ||
| 191 | provisions of this act and the provisions of any other act, the | ||
| 192 | provisions of this act shall control to the extent of such | ||
| 193 | conflict. | ||
| 194 | Section 6.This act shall be construed as a remedial act | ||
| 195 | and shall be liberally construed to promote the purpose for | ||
| 196 | which it is intended. | ||
| 197 | Section 7.Chapters 23483 (1945), 24826 (1947), 25500 | ||
| 198 | (1949), 26356 (1949), 61-2675, 65-2101, 70-894, 79-555, 92-228, | ||
| 199 | 93-311, 95-473, and 2000-427, Laws of Florida, are repealed. | ||
| 200 | Section 8. This act shall take effect upon becoming a law. | ||
| 201 | |||