Senate Bill sb3182er
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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; providing expenditure
10 authority and procedures for budgeted funds up
11 to $5,000; authorizing expenditures by
12 electronic wire transfers under specified
13 procedures; providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 3 of chapter 2000-461, Laws of
18 Florida, is amended to read:
19 Section 3. Membership.--Such council shall consist of
20 11 10 members, including:
21 (1) The senior administrator of the Broward County
22 Health Department; the superintendent of schools; a local
23 school board member, chosen by a majority of the School Board
24 of Broward County; the district administrator from district X
25 of the Department of Children and Family Services, or his or
26 her designee who is a member of the Senior Management Service
27 or of the Selected Exempt Service; one member of the County
28 Commission, chosen by a majority of the Broward County Board
29 of County Commissioners; and a judge assigned to juvenile
30 cases who shall sit as a voting member of the board, except
31 that said judge shall not vote or participate in the setting
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2004 Legislature SB 3182, 1st Engrossed
1 of ad valorem taxes under this section. The chief judge of the
2 17th judicial circuit shall designate which judge shall serve
3 on the board. All of the proceeding members shall serve 4-year
4 terms effective January 2, 2001.
5 (2) The remaining five members shall be appointed by
6 the Governor, and shall, to the extent possible, represent the
7 demographic diversity of the population of Broward County.
8 After soliciting recommendations from the public, the Broward
9 County Board of County Commissioners shall submit to the
10 Governor the names of at least three persons for each vacancy
11 occurring among the five members to be appointed by the
12 Governor, and the Governor shall appoint members to the
13 council from the candidates nominated. The Governor shall make
14 a selection within a 45-day period or request a new list of
15 candidates. All members appointed by the Governor shall have
16 been residents of the county for the previous 24-month period.
17 Such members shall be appointed for 4-year terms, except that
18 the length of the terms of the initial appointees shall be for
19 2 years. The Governor may remove a member for cause or upon
20 the written petition of a majority of the County Commission
21 plus one. If any of the members of the council required to be
22 appointed by the Governor under the provisions of this
23 subsection shall resign, die, or be removed from office, the
24 vacancy thereby created shall, as soon as practicable, be
25 filled by appointment by the Governor, using the same method
26 as the original appointment, and such appointment to fill a
27 vacancy shall be for the unexpired term of the person who
28 resigns, dies, or is removed from office.
29 Section 2. Section 5 of chapter 2000-461, Laws of
30 Florida, is amended to read:
31 Section 5. Fiscal Year.--
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2004 Legislature SB 3182, 1st Engrossed
1 (1) The fiscal year of the District shall be the same
2 as that of Broward County.
3 (2) On or before July 1 of each year, the Children's
4 Services Council of Broward County shall prepare and adopt a
5 tentative an annual written budget of its expected income and
6 expenditures, including a contingency fund. The tentative
7 annual written budget shall be certified and delivered to the
8 Board of County Commissioners on or before July 1 of each
9 year. Included in each tentative annual certified budget shall
10 be an estimate of the millage rate necessary to be applied to
11 raise the funds budgeted for expenditures, which millage rate
12 shall not exceed a maximum of 50 cents for each $1,000 of
13 assessed valuation of all properties within the County which
14 are subject to County taxes. The adopted budget and final
15 millage rate shall be certified and delivered to the Board of
16 County Commissioners within 15 days following the council's
17 adoption of the final budget and millage rate pursuant to
18 chapter 200, Florida Statutes.
19 (3) The budget of the Children's Services Council so
20 certified and delivered to the Board of County Commissioners
21 shall not be subject to change or modification by the Board of
22 County Commissioners or any other authority.
23 Section 3. Section 6 of chapter 2000-461, Laws of
24 Florida, is amended to read:
25 Section 6. Levying of Ad Valorem Taxes.--In order to
26 provide funds for the Children's Services Council of Broward
27 County, the council may levy ad valorem taxes annually on all
28 taxable property in the County in an amount not to exceed
29 one-half mill, provided that the authority to levy such taxes
30 has been approved by a majority vote of the electors of the
31 District voting in the Countywide Election to be held in
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1 accordance with the requirements of the constitution and the
2 laws of Florida and as set forth in this act. The council
3 shall compute a proposed millage rate within the
4 voter-approved cap necessary to fund the tentative budget and,
5 prior to adopting a final budget, comply with the provisions
6 of section 200.065, Florida Statutes, relating to the method
7 of fixing millage, and shall fix the final millage rate by
8 resolution of the council. The tax shall be assessed, levied,
9 and collected in the same manner and at the same time as is
10 provided by law of the levy, collection, and enforcement of
11 collection of County taxes. All tax money collected under this
12 act, as soon after the collection thereof as is reasonably
13 practicable, shall be paid directly to the Children's Services
14 Council by the Tax Collector of the County and all other
15 applicable County officials. The moneys so received by the
16 Children's Services Council, shall be deposited in a special
17 bank account, shall be withdrawn only by checks signed by the
18 chair of the council and counter-signed by one other member of
19 the council, who shall be so authorized by the council. The
20 chair and other member of the council who signs its checks
21 shall each give a surety bond in the amount of $1,000 which
22 bond shall be conditioned that each shall faithfully discharge
23 the duties of their office. No other member of the council
24 shall be required to give bond or other security. No funds of
25 the council shall be expended except by check as aforesaid,
26 except expenditures of petty cash account which shall not at
27 any time exceed $100. All expenditures from petty cash shall
28 be recorded on the books and records of the Children's
29 Services Council. No funds of the council, except the
30 expenditure of petty cash or issuance of checks made payable
31 for sums no greater than $5,000, shall be expended without
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2004 Legislature SB 3182, 1st Engrossed
1 prior approval of the council, in addition to the budgeting
2 thereof. Budgeted expenditures of $5,000 or less that have not
3 received prior council approval shall be authorized only upon
4 approval of the chief executive officer of the council and
5 shall be reported to the council by written report on a
6 monthly basis. For purposes of this section, electronic wire
7 transfers shall be deemed checks if written authorization for
8 each wire transfer is obtained from the council chair and by
9 an authorized council member.
10 Section 4. This act shall take effect upon becoming a
11 law.
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