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A bill to be entitled |
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An act relating to the Children's Services Council of Palm |
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Beach County; providing for codification of special acts |
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relating to the Children's Services Council of Palm Beach |
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County as a single act; amending, codifying, reenacting, |
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and repealing all special acts related to the district; |
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providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1.Pursuant to section 189.429, Florida Statutes, |
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this act constitutes the codification of all special acts |
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relating to the Children's Services Council of Palm Beach |
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County. It is the intent of the Legislature in enacting this law |
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to provide a single, comprehensive special act for the District |
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including all current legislative authority granted to the |
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District by its several legislative enactments. It is further |
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the intent of this act to preserve all District authority in |
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addition to any authority contained in section 125.901, Florida |
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Statutes, as amended from time to time. |
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Section 2.Chapters 93-362 and 2000-433, Laws of Florida, |
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are codified, reenacted, and repealed as herein provided. |
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Section 3.The Children's Services Council of Palm Beach |
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County shall be exempt from provisions of part III, chapter 163, |
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Florida Statutes, as follows: |
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(1) The Children's Services Council of Palm Beach County |
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shall be exempt from payment of any fees, taxes, or increment |
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revenue to community redevelopment agencies established pursuant |
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to part III, chapter 163, Florida Statutes, except to the extent |
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that such fees, taxes, or increment revenues have previously |
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been pledged to bonds, notes, or other forms of indebtedness |
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authorized and issued by the governing body of a municipality or |
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a community redevelopment agency before December 31, 1991, |
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unless the said municipality or community redevelopment agency |
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determines that such payment does not impair debt service |
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requirements and waives the requirement to pay any fees, taxes, |
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or increment revenues. With respect to the fees, taxes, or |
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increment revenues that, before December 31, 1991, have |
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previously been pledged to bonds, notes, or other forms of |
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indebtedness, the Children's Services Council of Palm Beach |
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County shall be exempt from the payment of any further fees, |
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taxes, or increment revenues to community redevelopment |
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agencies, upon the payment, refinancing, or other defeasance of |
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such bonds, notes, or other forms of indebtedness. |
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(2) If any section, subsection, sentence, clause, or |
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phrase of this act is held to be invalid or unconstitutional by |
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any court of competent jurisdiction, said holding shall in no |
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way affect the validity of the remaining portions of this act. |
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Additionally, if any court of competent jurisdiction determines |
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that s. 10, Art. I of the State Constitution would be violated |
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by subsection (1) by unconstitutionally impairing the obligation |
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of those holders of bonds or notes issued by a community |
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redevelopment agency prior to December 31, 1991, which community |
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redevelopment agency received payments from the Children's |
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Services Council of Palm Beach County which were applied to said |
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bonds or notes prior to December 31, 1991, then the Children's |
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Services Council of Palm Beach County shall make only those |
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payments to the affected community redevelopment agency as would |
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remedy said impairment; upon the cessation of the impairment or |
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retirement of the bonds or notes, whichever shall first occur, |
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the exemption created by this act to part III, chapter 163, |
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Florida Statutes, shall be applied. |
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Section 4.The maximum ad valorem millage rate which the |
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Children's Services Council of Palm Beach County is authorized |
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to levy shall be as follows: |
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(1) Notwithstanding the provisions of section 125.901, |
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Florida Statutes, the Children's Services Council of Palm Beach |
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County is authorized to levy ad valorem taxes in an amount not |
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to exceed 1.0 mill of assessed valuation of all properties |
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within Palm Beach County which are subject to ad valorem county |
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taxes. Any such tax shall be levied pursuant to the provisions |
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of chapter 200, Florida Statutes, with the adopted budget and |
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final millage rate being certified and delivered by the |
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Children's Services Council of Palm Beach County to the county, |
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to be assessed, collected, and enforced in the same manner and |
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at the same time as is provided by law for the assessment, |
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collection, and enforcement of other ad valorem taxes in Palm |
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Beach County. |
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(2) The provisions of subsection (1) which authorize the |
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levy of ad valorem taxation shall take effect only upon the |
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approval by a majority vote of the qualified electors of Palm |
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Beach County, as required by s. 9, Art. VII of the State |
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Constitution, voting in a referendum to be held by the Board of |
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County Commissioners of Palm Beach County in conjunction with |
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any subsequent regular primary or general election. The |
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specific regular primary or general election in which the |
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referendum is held shall be determined by the Children's |
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Services Council of Palm Beach County. Such election shall be |
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held in accordance with the provisions of law relating to |
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elections currently in force in Palm Beach County. If the |
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electors do not approve the levy of ad valorem taxation in the |
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referendum held pursuant to this section, no further referendum |
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may be held under this act. |
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Section 5.If any provision of this act or the application |
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thereof to any person or circumstance is held invalid, the |
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invalidity shall not affect other provisions or applications of |
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the act which can be given effect without the invalid provision |
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or application, and to this end the provisions of this act are |
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declared severable. |
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Section 6.In the event of a conflict between the |
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provisions of this act and the provisions of any other act, the |
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provisions of this act shall control to the extent of such |
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conflict. |
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Section 7.This act shall be construed as a remedial act |
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and shall be liberally construed to promote the purpose for |
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which it is intended. |
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Section 8.Chapters 93-362 and 2000-433, Laws of Florida, |
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are repealed. |
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Section 9. This act shall take effect upon becoming a law. |
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