| 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 the requirements concerning delivery |
| 6 | of the written budget to Broward County; revising |
| 7 | procedures concerning levying of ad valorem taxes; |
| 8 | limiting the expenditure of fees, taxes, or incremental |
| 9 | tax revenues paid to community redevelopment agencies for |
| 10 | children's programs and services; requiring interlocal |
| 11 | agreements between the council and applicable community |
| 12 | redevelopment agencies; providing expenditure authority |
| 13 | and procedures for budgeted funds up to $5,000; |
| 14 | authorizing expenditures by electronic wire transfers |
| 15 | under specified procedures; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Section 3 of chapter 2000-461, Laws of Florida, |
| 20 | is amended to read: |
| 21 | Section 3. Membership.--Such council shall consist of 11 |
| 22 | 10 members, including: |
| 23 | (1) The senior administrator of the Broward County Health |
| 24 | Department; the superintendent of schools; a local school board |
| 25 | member, chosen by a majority of the School Board of Broward |
| 26 | County; the district administrator from district X of the |
| 27 | Department of Children and Family Services, or his or her |
| 28 | designee who is a member of the Senior Management Service or of |
| 29 | the Selected Exempt Service; one member of the County |
| 30 | Commission, chosen by a majority of the Broward County Board of |
| 31 | County Commissioners; and a judge assigned to juvenile cases who |
| 32 | shall sit as a voting member of the board, except that said |
| 33 | judge shall not vote or participate in the setting of ad valorem |
| 34 | taxes under this section. The chief judge of the 17th judicial |
| 35 | circuit shall designate which judge shall serve on the board. |
| 36 | All of the proceeding members shall serve 4-year terms effective |
| 37 | January 2, 2001. |
| 38 | (2) The remaining five members shall be appointed by the |
| 39 | Governor, and shall, to the extent possible, represent the |
| 40 | demographic diversity of the population of Broward County. After |
| 41 | soliciting recommendations from the public, the Broward County |
| 42 | Board of County Commissioners shall submit to the Governor the |
| 43 | names of at least three persons for each vacancy occurring among |
| 44 | the five members to be appointed by the Governor, and the |
| 45 | Governor shall appoint members to the council from the |
| 46 | candidates nominated. The Governor shall make a selection within |
| 47 | a 45-day period or request a new list of candidates. All members |
| 48 | appointed by the Governor shall have been residents of the |
| 49 | county for the previous 24-month period. Such members shall be |
| 50 | appointed for 4-year terms, except that the length of the terms |
| 51 | of the initial appointees shall be for 2 years. The Governor may |
| 52 | remove a member for cause or upon the written petition of a |
| 53 | majority of the County Commission plus one. If any of the |
| 54 | members of the council required to be appointed by the Governor |
| 55 | under the provisions of this subsection shall resign, die, or be |
| 56 | removed from office, the vacancy thereby created shall, as soon |
| 57 | as practicable, be filled by appointment by the Governor, using |
| 58 | the same method as the original appointment, and such |
| 59 | appointment to fill a vacancy shall be for the unexpired term of |
| 60 | the person who resigns, dies, or is removed from office. |
| 61 | Section 2. Section 5 of chapter 2000-461, Laws of Florida, |
| 62 | is amended to read: |
| 63 | Section 5. Fiscal Year.-- |
| 64 | (1) The fiscal year of the District shall be the same as |
| 65 | that of Broward County. |
| 66 | (2) On or before July 1 of each year, the Children's |
| 67 | Services Council of Broward County shall prepare and adopt a |
| 68 | tentative an annual written budget of its expected income and |
| 69 | expenditures, including a contingency fund. The tentative annual |
| 70 | written budget shall be certified and delivered to the Board of |
| 71 | County Commissioners on or before July 1 of each year. Included |
| 72 | in each tentative annual certified budget shall be an estimate |
| 73 | of the millage rate necessary to be applied to raise the funds |
| 74 | budgeted for expenditures, which millage rate shall not exceed a |
| 75 | maximum of 50 cents for each $1,000 of assessed valuation of all |
| 76 | properties within the County which are subject to County taxes. |
| 77 | The adopted budget and final millage rate shall be certified and |
| 78 | delivered to the Board of County Commissioners within 15 days |
| 79 | following the council's adoption of the final budget and millage |
| 80 | rate pursuant to chapter 200, Florida Statutes. |
| 81 | (3) The budget of the Children's Services Council so |
| 82 | certified and delivered to the Board of County Commissioners |
| 83 | shall not be subject to change or modification by the Board of |
| 84 | County Commissioners or any other authority. |
| 85 | Section 3. Section 6 of chapter 2000-461, Laws of Florida, |
| 86 | is amended to read: |
| 87 | Section 6. Levying of Ad Valorem Taxes.--In order to |
| 88 | provide funds for the Children's Services Council of Broward |
| 89 | County, the council may levy ad valorem taxes annually on all |
| 90 | taxable property in the County in an amount not to exceed one- |
| 91 | half mill, provided that the authority to levy such taxes has |
| 92 | been approved by a majority vote of the electors of the District |
| 93 | voting in the Countywide Election to be held in accordance with |
| 94 | the requirements of the constitution and the laws of Florida and |
| 95 | as set forth in this act. The council shall compute a proposed |
| 96 | millage rate within the voter-approved cap necessary to fund the |
| 97 | tentative budget and, prior to adopting a final budget, comply |
| 98 | with the provisions of section 200.065, Florida Statutes, |
| 99 | relating to the method of fixing millage, and shall fix the |
| 100 | final millage rate by resolution of the council. The tax shall |
| 101 | be assessed, levied, and collected in the same manner and at the |
| 102 | same time as is provided by law of the levy, collection, and |
| 103 | enforcement of collection of County taxes. All tax money |
| 104 | collected under this act, as soon after the collection thereof |
| 105 | as is reasonably practicable, shall be paid directly to the |
| 106 | Children's Services Council by the Tax Collector of the County |
| 107 | and all other applicable County officials. All funds remitted by |
| 108 | the council to any community redevelopment agency, including any |
| 109 | fees, taxes, or incremental tax revenues attributable to |
| 110 | increased property valuations within each applicable community |
| 111 | redevelopment area, shall only be expended for children's |
| 112 | programs and services. Each applicable community redevelopment |
| 113 | agency shall enter into and have an effective interlocal |
| 114 | agreement concerning such programs and services with the council |
| 115 | prior to the expenditure of such funds. The moneys so received |
| 116 | by the Children's Services Council, shall be deposited in a |
| 117 | special bank account, shall be withdrawn only by checks signed |
| 118 | by the chair of the council and counter-signed by one other |
| 119 | member of the council, who shall be so authorized by the |
| 120 | council. The chair and other member of the council who signs its |
| 121 | checks shall each give a surety bond in the amount of $1,000 |
| 122 | which bond shall be conditioned that each shall faithfully |
| 123 | discharge the duties of their office. No other member of the |
| 124 | council shall be required to give bond or other security. No |
| 125 | funds of the council shall be expended except by check as |
| 126 | aforesaid, except expenditures of petty cash account which shall |
| 127 | not at any time exceed $100. All expenditures from petty cash |
| 128 | shall be recorded on the books and records of the Children's |
| 129 | Services Council. No funds of the council, except the |
| 130 | expenditure of petty cash or issuance of checks made payable for |
| 131 | sums no greater than $5,000, shall be expended without prior |
| 132 | approval of the council, in addition to the budgeting thereof. |
| 133 | Budgeted expenditures of $5,000 or less that have not received |
| 134 | prior council approval shall only be authorized upon approval of |
| 135 | the chief executive officer of the council and shall be reported |
| 136 | to the council by written report on a monthly basis. For |
| 137 | purposes of this section, electronic wire transfers shall be |
| 138 | deemed checks if written authorization for each wire transfer is |
| 139 | obtained from the council chair and by an authorized council |
| 140 | member. |
| 141 | Section 4. This act shall take effect upon becoming a law. |