April 02, 2020
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HB 1405

1
A bill to be entitled
2An act relating to Broward County; amending chapter 2000-
3461, Laws of Florida, relating to the Children's Services
4Council of Broward County; increasing the membership of
5the council; revising the requirements concerning delivery
6of the written budget to Broward County; revising
7procedures concerning levying of ad valorem taxes;
8limiting the expenditure of fees, taxes, or incremental
9tax revenues paid to community redevelopment agencies for
10children's programs and services; requiring interlocal
11agreements between the council and applicable community
12redevelopment agencies; providing expenditure authority
13and procedures for budgeted funds up to $5,000;
14authorizing expenditures by electronic wire transfers
15under specified procedures; providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 3 of chapter 2000-461, Laws of Florida,
20is amended to read:
21     Section 3.  Membership.--Such council shall consist of 11
2210 members, including:
23     (1)  The senior administrator of the Broward County Health
24Department; the superintendent of schools; a local school board
25member, chosen by a majority of the School Board of Broward
26County; the district administrator from district X of the
27Department of Children and Family Services, or his or her
28designee who is a member of the Senior Management Service or of
29the Selected Exempt Service; one member of the County
30Commission, chosen by a majority of the Broward County Board of
31County Commissioners; and a judge assigned to juvenile cases who
32shall sit as a voting member of the board, except that said
33judge shall not vote or participate in the setting of ad valorem
34taxes under this section. The chief judge of the 17th judicial
35circuit shall designate which judge shall serve on the board.
36All of the proceeding members shall serve 4-year terms effective
37January 2, 2001.
38     (2)  The remaining five members shall be appointed by the
39Governor, and shall, to the extent possible, represent the
40demographic diversity of the population of Broward County. After
41soliciting recommendations from the public, the Broward County
42Board of County Commissioners shall submit to the Governor the
43names of at least three persons for each vacancy occurring among
44the five members to be appointed by the Governor, and the
45Governor shall appoint members to the council from the
46candidates nominated. The Governor shall make a selection within
47a 45-day period or request a new list of candidates. All members
48appointed by the Governor shall have been residents of the
49county for the previous 24-month period. Such members shall be
50appointed for 4-year terms, except that the length of the terms
51of the initial appointees shall be for 2 years. The Governor may
52remove a member for cause or upon the written petition of a
53majority of the County Commission plus one. If any of the
54members of the council required to be appointed by the Governor
55under the provisions of this subsection shall resign, die, or be
56removed from office, the vacancy thereby created shall, as soon
57as practicable, be filled by appointment by the Governor, using
58the same method as the original appointment, and such
59appointment to fill a vacancy shall be for the unexpired term of
60the person who resigns, dies, or is removed from office.
61     Section 2.  Section 5 of chapter 2000-461, Laws of Florida,
62is amended to read:
63     Section 5.  Fiscal Year.--
64     (1)  The fiscal year of the District shall be the same as
65that of Broward County.
66     (2)  On or before July 1 of each year, the Children's
67Services Council of Broward County shall prepare and adopt a
68tentative an annual written budget of its expected income and
69expenditures, including a contingency fund. The tentative annual
70written budget shall be certified and delivered to the Board of
71County Commissioners on or before July 1 of each year. Included
72in each tentative annual certified budget shall be an estimate
73of the millage rate necessary to be applied to raise the funds
74budgeted for expenditures, which millage rate shall not exceed a
75maximum of 50 cents for each $1,000 of assessed valuation of all
76properties within the County which are subject to County taxes.
77The adopted budget and final millage rate shall be certified and
78delivered to the Board of County Commissioners within 15 days
79following the council's adoption of the final budget and millage
80rate pursuant to chapter 200, Florida Statutes.
81     (3)  The budget of the Children's Services Council so
82certified and delivered to the Board of County Commissioners
83shall not be subject to change or modification by the Board of
84County Commissioners or any other authority.
85     Section 3.  Section 6 of chapter 2000-461, Laws of Florida,
86is amended to read:
87     Section 6.  Levying of Ad Valorem Taxes.--In order to
88provide funds for the Children's Services Council of Broward
89County, the council may levy ad valorem taxes annually on all
90taxable property in the County in an amount not to exceed one-
91half mill, provided that the authority to levy such taxes has
92been approved by a majority vote of the electors of the District
93voting in the Countywide Election to be held in accordance with
94the requirements of the constitution and the laws of Florida and
95as set forth in this act. The council shall compute a proposed
96millage rate within the voter-approved cap necessary to fund the
97tentative budget and, prior to adopting a final budget, comply
98with the provisions of section 200.065, Florida Statutes,
99relating to the method of fixing millage, and shall fix the
100final millage rate by resolution of the council. The tax shall
101be assessed, levied, and collected in the same manner and at the
102same time as is provided by law of the levy, collection, and
103enforcement of collection of County taxes. All tax money
104collected under this act, as soon after the collection thereof
105as is reasonably practicable, shall be paid directly to the
106Children's Services Council by the Tax Collector of the County
107and all other applicable County officials. All funds remitted by
108the council to any community redevelopment agency, including any
109fees, taxes, or incremental tax revenues attributable to
110increased property valuations within each applicable community
111redevelopment area, shall only be expended for children's
112programs and services. Each applicable community redevelopment
113agency shall enter into and have an effective interlocal
114agreement concerning such programs and services with the council
115prior to the expenditure of such funds. The moneys so received
116by the Children's Services Council, shall be deposited in a
117special bank account, shall be withdrawn only by checks signed
118by the chair of the council and counter-signed by one other
119member of the council, who shall be so authorized by the
120council. The chair and other member of the council who signs its
121checks shall each give a surety bond in the amount of $1,000
122which bond shall be conditioned that each shall faithfully
123discharge the duties of their office. No other member of the
124council shall be required to give bond or other security. No
125funds of the council shall be expended except by check as
126aforesaid, except expenditures of petty cash account which shall
127not at any time exceed $100. All expenditures from petty cash
128shall be recorded on the books and records of the Children's
129Services Council. No funds of the council, except the
130expenditure of petty cash or issuance of checks made payable for
131sums no greater than $5,000, shall be expended without prior
132approval of the council, in addition to the budgeting thereof.
133Budgeted expenditures of $5,000 or less that have not received
134prior council approval shall only be authorized upon approval of
135the chief executive officer of the council and shall be reported
136to the council by written report on a monthly basis. For
137purposes of this section, electronic wire transfers shall be
138deemed checks if written authorization for each wire transfer is
139obtained from the council chair and by an authorized council
140member.
141     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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