April 02, 2020
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HB 1405CS

CHAMBER ACTION




1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to Broward County; amending chapter 2000-
8461, Laws of Florida, relating to the Children's Services
9Council of Broward County; increasing the membership of
10the council; revising the requirements concerning delivery
11of the written budget to Broward County; revising
12procedures concerning levying of ad valorem taxes;
13providing expenditure authority and procedures for
14budgeted funds up to $5,000; authorizing expenditures by
15electronic wire transfers under specified procedures;
16providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 3 of chapter 2000-461, Laws of Florida,
21is amended to read:
22     Section 3.  Membership.--Such council shall consist of 11
2310 members, including:
24     (1)  The senior administrator of the Broward County Health
25Department; the superintendent of schools; a local school board
26member, chosen by a majority of the School Board of Broward
27County; the district administrator from district X of the
28Department of Children and Family Services, or his or her
29designee who is a member of the Senior Management Service or of
30the Selected Exempt Service; one member of the County
31Commission, chosen by a majority of the Broward County Board of
32County Commissioners; and a judge assigned to juvenile cases who
33shall sit as a voting member of the board, except that said
34judge shall not vote or participate in the setting of ad valorem
35taxes under this section. The chief judge of the 17th judicial
36circuit shall designate which judge shall serve on the board.
37All of the proceeding members shall serve 4-year terms effective
38January 2, 2001.
39     (2)  The remaining five members shall be appointed by the
40Governor, and shall, to the extent possible, represent the
41demographic diversity of the population of Broward County. After
42soliciting recommendations from the public, the Broward County
43Board of County Commissioners shall submit to the Governor the
44names of at least three persons for each vacancy occurring among
45the five members to be appointed by the Governor, and the
46Governor shall appoint members to the council from the
47candidates nominated. The Governor shall make a selection within
48a 45-day period or request a new list of candidates. All members
49appointed by the Governor shall have been residents of the
50county for the previous 24-month period. Such members shall be
51appointed for 4-year terms, except that the length of the terms
52of the initial appointees shall be for 2 years. The Governor may
53remove a member for cause or upon the written petition of a
54majority of the County Commission plus one. If any of the
55members of the council required to be appointed by the Governor
56under the provisions of this subsection shall resign, die, or be
57removed from office, the vacancy thereby created shall, as soon
58as practicable, be filled by appointment by the Governor, using
59the same method as the original appointment, and such
60appointment to fill a vacancy shall be for the unexpired term of
61the person who resigns, dies, or is removed from office.
62     Section 2.  Section 5 of chapter 2000-461, Laws of Florida,
63is amended to read:
64     Section 5.  Fiscal Year.--
65     (1)  The fiscal year of the District shall be the same as
66that of Broward County.
67     (2)  On or before July 1 of each year, the Children's
68Services Council of Broward County shall prepare and adopt a
69tentative an annual written budget of its expected income and
70expenditures, including a contingency fund. The tentative annual
71written budget shall be certified and delivered to the Board of
72County Commissioners on or before July 1 of each year. Included
73in each tentative annual certified budget shall be an estimate
74of the millage rate necessary to be applied to raise the funds
75budgeted for expenditures, which millage rate shall not exceed a
76maximum of 50 cents for each $1,000 of assessed valuation of all
77properties within the County which are subject to County taxes.
78The adopted budget and final millage rate shall be certified and
79delivered to the Board of County Commissioners within 15 days
80following the council's adoption of the final budget and millage
81rate pursuant to chapter 200, Florida Statutes.
82     (3)  The budget of the Children's Services Council so
83certified and delivered to the Board of County Commissioners
84shall not be subject to change or modification by the Board of
85County Commissioners or any other authority.
86     Section 3.  Section 6 of chapter 2000-461, Laws of Florida,
87is amended to read:
88     Section 6.  Levying of Ad Valorem Taxes.--In order to
89provide funds for the Children's Services Council of Broward
90County, the council may levy ad valorem taxes annually on all
91taxable property in the County in an amount not to exceed one-
92half mill, provided that the authority to levy such taxes has
93been approved by a majority vote of the electors of the District
94voting in the Countywide Election to be held in accordance with
95the requirements of the constitution and the laws of Florida and
96as set forth in this act. The council shall compute a proposed
97millage rate within the voter-approved cap necessary to fund the
98tentative budget and, prior to adopting a final budget, comply
99with the provisions of section 200.065, Florida Statutes,
100relating to the method of fixing millage, and shall fix the
101final millage rate by resolution of the council. The tax shall
102be assessed, levied, and collected in the same manner and at the
103same time as is provided by law of the levy, collection, and
104enforcement of collection of County taxes. All tax money
105collected under this act, as soon after the collection thereof
106as is reasonably practicable, shall be paid directly to the
107Children's Services Council by the Tax Collector of the County
108and all other applicable County officials. The moneys so
109received by the Children's Services Council, shall be deposited
110in a special bank account, shall be withdrawn only by checks
111signed by the chair of the council and counter-signed by one
112other member of the council, who shall be so authorized by the
113council. The chair and other member of the council who signs its
114checks shall each give a surety bond in the amount of $1,000
115which bond shall be conditioned that each shall faithfully
116discharge the duties of their office. No other member of the
117council shall be required to give bond or other security. No
118funds of the council shall be expended except by check as
119aforesaid, except expenditures of petty cash account which shall
120not at any time exceed $100. All expenditures from petty cash
121shall be recorded on the books and records of the Children's
122Services Council. No funds of the council, except the
123expenditure of petty cash or issuance of checks made payable for
124sums no greater than $5,000, shall be expended without prior
125approval of the council, in addition to the budgeting thereof.
126Budgeted expenditures of $5,000 or less that have not received
127prior council approval shall only be authorized upon approval of
128the chief executive officer of the council and shall be reported
129to the council by written report on a monthly basis. For
130purposes of this section, electronic wire transfers shall be
131deemed checks if written authorization for each wire transfer is
132obtained from the council chair and by an authorized council
133member.
134     Section 4.  This act shall take effect upon becoming a law.


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