HB 0055 2003
1	A bill to be entitled
2	An act relating to the Children's Services Council of Palm
3	Beach County; providing for codification of special acts
4	relating to the Children's Services Council of Palm Beach
5	County as a single act; amending, codifying, reenacting,
6	and repealing all special acts related to the district;
7	providing an effective date.
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9	Be It Enacted by the Legislature of the State of Florida:
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11	Section 1.Pursuant to section 189.429, Florida Statutes,
12	this act constitutes the codification of all special acts
13	relating to the Children's Services Council of Palm Beach
14	County. It is the intent of the Legislature in enacting this law
15	to provide a single, comprehensive special act for the District
16	including all current legislative authority granted to the
17	District by its several legislative enactments. It is further
18	the intent of this act to preserve all District authority in
19	addition to any authority contained in section 125.901, Florida
20	Statutes, as amended from time to time.
21	Section 2.Chapters 93-362 and 2000-433, Laws of Florida,
22	are codified, reenacted, and repealed as herein provided.
23	Section 3.The Children's Services Council of Palm Beach
24	County shall be exempt from provisions of part III, chapter 163,
25	Florida Statutes, as follows:
26	(1) The Children's Services Council of Palm Beach County
27	shall be exempt from payment of any fees, taxes, or increment
28	revenue to community redevelopment agencies established pursuant
29	to part III, chapter 163, Florida Statutes, except to the extent
30	that such fees, taxes, or increment revenues have previously
31	been pledged to bonds, notes, or other forms of indebtedness
32	authorized and issued by the governing body of a municipality or
33	a community redevelopment agency before December 31, 1991,
34	unless the said municipality or community redevelopment agency
35	determines that such payment does not impair debt service
36	requirements and waives the requirement to pay any fees, taxes,
37	or increment revenues. With respect to the fees, taxes, or
38	increment revenues that, before December 31, 1991, have
39	previously been pledged to bonds, notes, or other forms of
40	indebtedness, the Children's Services Council of Palm Beach
41	County shall be exempt from the payment of any further fees,
42	taxes, or increment revenues to community redevelopment
43	agencies, upon the payment, refinancing, or other defeasance of
44	such bonds, notes, or other forms of indebtedness.
45	(2) If any section, subsection, sentence, clause, or
46	phrase of this act is held to be invalid or unconstitutional by
47	any court of competent jurisdiction, said holding shall in no
48	way affect the validity of the remaining portions of this act.
49	Additionally, if any court of competent jurisdiction determines
50	that s. 10, Art. I of the State Constitution would be violated
51	by subsection (1) by unconstitutionally impairing the obligation
52	of those holders of bonds or notes issued by a community
53	redevelopment agency prior to December 31, 1991, which community
54	redevelopment agency received payments from the Children's
55	Services Council of Palm Beach County which were applied to said
56	bonds or notes prior to December 31, 1991, then the Children's
57	Services Council of Palm Beach County shall make only those
58	payments to the affected community redevelopment agency as would
59	remedy said impairment; upon the cessation of the impairment or
60	retirement of the bonds or notes, whichever shall first occur,
61	the exemption created by this act to part III, chapter 163,
62	Florida Statutes, shall be applied.
63	Section 4.The maximum ad valorem millage rate which the
64	Children's Services Council of Palm Beach County is authorized
65	to levy shall be as follows:
66	(1) Notwithstanding the provisions of section 125.901,
67	Florida Statutes, the Children's Services Council of Palm Beach
68	County is authorized to levy ad valorem taxes in an amount not
69	to exceed 1.0 mill of assessed valuation of all properties
70	within Palm Beach County which are subject to ad valorem county
71	taxes. Any such tax shall be levied pursuant to the provisions
72	of chapter 200, Florida Statutes, with the adopted budget and
73	final millage rate being certified and delivered by the
74	Children's Services Council of Palm Beach County to the county,
75	to be assessed, collected, and enforced in the same manner and
76	at the same time as is provided by law for the assessment,
77	collection, and enforcement of other ad valorem taxes in Palm
78	Beach County.
79	(2) The provisions of subsection (1) which authorize the
80	levy of ad valorem taxation shall take effect only upon the
81	approval by a majority vote of the qualified electors of Palm
82	Beach County, as required by s. 9, Art. VII of the State
83	Constitution, voting in a referendum to be held by the Board of
84	County Commissioners of Palm Beach County in conjunction with
85	any subsequent regular primary or general election. The
86	specific regular primary or general election in which the
87	referendum is held shall be determined by the Children's
88	Services Council of Palm Beach County. Such election shall be
89	held in accordance with the provisions of law relating to
90	elections currently in force in Palm Beach County. If the
91	electors do not approve the levy of ad valorem taxation in the
92	referendum held pursuant to this section, no further referendum
93	may be held under this act.
94	Section 5.If any provision of this act or the application
95	thereof to any person or circumstance is held invalid, the
96	invalidity shall not affect other provisions or applications of
97	the act which can be given effect without the invalid provision
98	or application, and to this end the provisions of this act are
99	declared severable.
100	Section 6.In the event of a conflict between the
101	provisions of this act and the provisions of any other act, the
102	provisions of this act shall control to the extent of such
103	conflict.
104	Section 7.This act shall be construed as a remedial act
105	and shall be liberally construed to promote the purpose for
106	which it is intended.
107	Section 8.Chapters 93-362 and 2000-433, Laws of Florida,
108	are repealed.
109	Section 9. This act shall take effect upon becoming a law.
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