Senate Bill sb3182

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                      SB 3182

    By Senator Campbell





    32-2597A-04                                        See HB 1405

  1                      A bill to be entitled

  2         An act relating to Broward County; amending

  3         chapter 2000-461, Laws of Florida, relating to

  4         the Children's Services Council of Broward

  5         County; increasing the membership of the

  6         council; revising the requirements concerning

  7         delivery of the written budget to Broward

  8         County; revising procedures concerning levying

  9         of ad valorem taxes; requiring interlocal

10         agreements between the council and applicable

11         community redevelopment agencies; providing

12         expenditure authority and procedures for

13         budgeted funds up to $5,000; authorizing

14         expenditures by electronic wire transfers under

15         specified procedures; providing an effective

16         date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 3 of chapter 2000-461, Laws of

21  Florida, is amended to read:

22         Section 3.  Membership.--Such council shall consist of

23  11 10 members, including:

24         (1)  The senior administrator of the Broward County

25  Health Department; the superintendent of schools; a local

26  school board member, chosen by a majority of the School Board

27  of Broward County; the district administrator from district X

28  of the Department of Children and Family Services, or his or

29  her designee who is a member of the Senior Management Service

30  or of the Selected Exempt Service; one member of the County

31  Commission, chosen by a majority of the Broward County Board

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    Florida Senate - 2004        (NP)                      SB 3182
    32-2597A-04                                        See HB 1405




 1  of County Commissioners; and a judge assigned to juvenile

 2  cases who shall sit as a voting member of the board, except

 3  that said judge shall not vote or participate in the setting

 4  of ad valorem taxes under this section. The chief judge of the

 5  17th judicial circuit shall designate which judge shall serve

 6  on the board. All of the proceeding members shall serve 4-year

 7  terms effective January 2, 2001.

 8         (2)  The remaining five members shall be appointed by

 9  the Governor, and shall, to the extent possible, represent the

10  demographic diversity of the population of Broward County.

11  After soliciting recommendations from the public, the Broward

12  County Board of County Commissioners shall submit to the

13  Governor the names of at least three persons for each vacancy

14  occurring among the five members to be appointed by the

15  Governor, and the Governor shall appoint members to the

16  council from the candidates nominated. The Governor shall make

17  a selection within a 45-day period or request a new list of

18  candidates. All members appointed by the Governor shall have

19  been residents of the county for the previous 24-month period.

20  Such members shall be appointed for 4-year terms, except that

21  the length of the terms of the initial appointees shall be for

22  2 years. The Governor may remove a member for cause or upon

23  the written petition of a majority of the County Commission

24  plus one. If any of the members of the council required to be

25  appointed by the Governor under the provisions of this

26  subsection shall resign, die, or be removed from office, the

27  vacancy thereby created shall, as soon as practicable, be

28  filled by appointment by the Governor, using the same method

29  as the original appointment, and such appointment to fill a

30  vacancy shall be for the unexpired term of the person who

31  resigns, dies, or is removed from office.

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    Florida Senate - 2004        (NP)                      SB 3182
    32-2597A-04                                        See HB 1405




 1         Section 2.  Section 5 of chapter 2000-461, Laws of

 2  Florida, is amended to read:

 3         Section 5.  Fiscal Year.--

 4         (1)  The fiscal year of the District shall be the same

 5  as that of Broward County.

 6         (2)  On or before July 1 of each year, the Children's

 7  Services Council of Broward County shall prepare and adopt a

 8  tentative an annual written budget of its expected income and

 9  expenditures, including a contingency fund. The tentative

10  annual written budget shall be certified and delivered to the

11  Board of County Commissioners on or before July 1 of each

12  year. Included in each tentative annual certified budget shall

13  be an estimate of the millage rate necessary to be applied to

14  raise the funds budgeted for expenditures, which millage rate

15  shall not exceed a maximum of 50 cents for each $1,000 of

16  assessed valuation of all properties within the County which

17  are subject to County taxes. The adopted budget and final

18  millage rate shall be certified and delivered to the Board of

19  County Commissioners within 15 days following the council's

20  adoption of the final budget and millage rate pursuant to

21  chapter 200, Florida Statutes.

22         (3)  The budget of the Children's Services Council so

23  certified and delivered to the Board of County Commissioners

24  shall not be subject to change or modification by the Board of

25  County Commissioners or any other authority.

26         Section 3.  Section 6 of chapter 2000-461, Laws of

27  Florida, is amended to read:

28         Section 6.  Levying of Ad Valorem Taxes.--In order to

29  provide funds for the Children's Services Council of Broward

30  County, the council may levy ad valorem taxes annually on all

31  taxable property in the County in an amount not to exceed

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    Florida Senate - 2004        (NP)                      SB 3182
    32-2597A-04                                        See HB 1405




 1  one-half mill, provided that the authority to levy such taxes

 2  has been approved by a majority vote of the electors of the

 3  District voting in the Countywide Election to be held in

 4  accordance with the requirements of the constitution and the

 5  laws of Florida and as set forth in this act. The council

 6  shall compute a proposed millage rate within the

 7  voter-approved cap necessary to fund the tentative budget and,

 8  prior to adopting a final budget, comply with the provisions

 9  of section 200.065, Florida Statutes, relating to the method

10  of fixing millage, and shall fix the final millage rate by

11  resolution of the council. The tax shall be assessed, levied,

12  and collected in the same manner and at the same time as is

13  provided by law of the levy, collection, and enforcement of

14  collection of County taxes. All tax money collected under this

15  act, as soon after the collection thereof as is reasonably

16  practicable, shall be paid directly to the Children's Services

17  Council by the Tax Collector of the County and all other

18  applicable County officials. The moneys so received by the

19  Children's Services Council, shall be deposited in a special

20  bank account, shall be withdrawn only by checks signed by the

21  chair of the council and counter-signed by one other member of

22  the council, who shall be so authorized by the council. The

23  chair and other member of the council who signs its checks

24  shall each give a surety bond in the amount of $1,000 which

25  bond shall be conditioned that each shall faithfully discharge

26  the duties of their office. No other member of the council

27  shall be required to give bond or other security. No funds of

28  the council shall be expended except by check as aforesaid,

29  except expenditures of petty cash account which shall not at

30  any time exceed $100. All expenditures from petty cash shall

31  be recorded on the books and records of the Children's

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    Florida Senate - 2004        (NP)                      SB 3182
    32-2597A-04                                        See HB 1405




 1  Services Council. No funds of the council, except the

 2  expenditure of petty cash or issuance of checks made payable

 3  for sums no greater than $5,000, shall be expended without

 4  prior approval of the council, in addition to the budgeting

 5  thereof. Budgeted expenditures of $5,000 or less that have not

 6  received prior council approval shall be authorized only upon

 7  approval of the chief executive officer of the council and

 8  shall be reported to the council by written report on a

 9  monthly basis. For purposes of this section, electronic wire

10  transfers shall be deemed checks if written authorization for

11  each wire transfer is obtained from the council chair and by

12  an authorized council member.

13         Section 4.  This act shall take effect upon becoming a

14  law.

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