July 11, 2020
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House Bill 1701

House Bill 1701

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    Florida House of Representatives - 2000                HB 1701

        By Representative Wasserman Schultz






  1                      A bill to be entitled

  2         An act relating to Broward County; providing

  3         for the creation of a countywide independent

  4         special district to provide children's services

  5         throughout Broward County; providing for a

  6         governing board to be known as the Children's

  7         Service Council of Broward County; providing

  8         for the membership and duties of the council;

  9         providing financial requirements and budget

10         procedures; providing for authorization of the

11         levy of ad valorem taxes not to exceed one-half

12         mill; providing for a ballot question;

13         providing for a referendum; providing an

14         effective date.

15

16         WHEREAS, section 125.901, Florida Statues, authorizes

17  the creation of an independent special district to provide

18  children's services throughout each county of the State, and

19         WHEREAS, the Florida Legislature has determined that it

20  would serve the public interest to establish said independent

21  special district within Broward County, NOW, THEREFORE,

22

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

24

25         Section 1.  Title.--This act may be cited as the

26  "Children's Services Act of Broward County."

27         Section 2.  Creation of an Independent Special

28  District.--There is hereby created, effective January 2, 2001,

29  an independent special district to provide children's services

30  throughout Broward County.  The boundaries of the District

31  shall be coterminous with the boundaries of Broward County.

                                  1

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    Florida House of Representatives - 2000                HB 1701

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  1  The governing body of the District shall be a board of

  2  directors to be known as the Children's Services Council of

  3  Broward County.

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

  5  10 members, including:

  6         (1)  The superintendent of schools; a local school

  7  board member, chosen by a majority of the School Board of

  8  Broward County; the district administrator from district X of

  9  the Department of Children and Family Services, or his or her

10  designee who is a member of the Senior Management Service or

11  of the Selected Exempt Service; one member of the County

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

13  of County Commissioners; and a judge assigned to juvenile

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

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

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

17  17th judicial circuit shall designate which judge shall serve

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

19  terms effective January 2, 2001.

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

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

22  demographic diversity of the population of Broward County.

23  After soliciting recommendations from the public, the Broward

24  County Board of County Commissioners shall submit to the

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

26  occurring among the five members to be appointed by the

27  Governor, and the Governor shall appoint members to the

28  council from the candidates nominated. The Governor shall make

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

30  candidates. All members appointed by the Governor shall have

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

                                  2

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    Florida House of Representatives - 2000                HB 1701

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

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

  3  2 years. The Governor may remove a member for cause or upon

  4  the written petition of a majority of the County Commission

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

  6  appointed by the Governor under the provisions of this

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

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

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

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

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

12  resigns, dies, or is removed from office.

13         Section 4.  Powers and Duties.--

14         (1)  The Children's Services Council of Broward County

15  shall have the following powers and duties:

16         (a)  To provide and maintain in the County such

17  preventive, developmental, treatment, and rehabilitative

18  services for children as the council determines are needed for

19  the general welfare of the County.

20         (b)  To provide such other services for all children as

21  the council determines are needed for the general welfare of

22  the County.

23         (c)  To allocate and provide funds for other agencies

24  in the County which are operated for the benefit of children,

25  provided they are not under the exclusive jurisdiction of the

26  public school system.

27         (d)  To collect information and statistical data which

28  will be helpful to the council in deciding the needs of

29  children in the County.

30

31

                                  3

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    Florida House of Representatives - 2000                HB 1701

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  1         (e)  To consult with other agencies dedicated to the

  2  welfare of children to the end that the overlapping of

  3  services will be prevented.

  4         (f)  To lease or buy such real estate, equipment, and

  5  personal property and to construct such buildings as are

  6  needed to execute the foregoing powers and duties, provided

  7  that no such purchases shall be made or building done except

  8  for cash with funds on hand or secured by funds deposited in

  9  financial institutions.  Nothing in this act shall be

10  construed to authorize issuance of bonds of any nature.

11         (g)  To employ and pay, on a part-time or full-time

12  basis, personnel needed to execute the forgoing powers and

13  duties.

14         (2)  Books of accounts shall be kept by the council or

15  its clerical assistants, and the fiscal affairs of the board

16  shall be exclusively audited by state auditors as are assigned

17  from time to time to audit the affairs of the County

18  officials.

19         (3)  The Children's Services Council of Broward County

20  shall:

21         (a)  Immediately after the members are appointed, elect

22  a chair and vice chair from among its members, and elect other

23  officers as deemed necessary by the council.

24         (b)  Immediately after the members are appointed and

25  officers are elected, identify and assess the needs of the

26  children in Broward County served by the council and submit to

27  the County Commission of Broward County a written description

28  of:

29         1.  The activities, services, and opportunities that

30  will be provided to children.

31

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    Florida House of Representatives - 2000                HB 1701

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  1         2.  The anticipated schedule for providing those

  2  activities, services, and opportunities.

  3         3.  The manner in which children will be served,

  4  including a description of arrangements and agreements which

  5  will be made with community organizations, state and local

  6  educational agencies, federal agencies, public assistance

  7  agencies, the juvenile courts, foster care agencies, and other

  8  applicable public and private agencies.

  9         4.  The special outreach efforts that will be

10  undertaken to provide services to at-risk, abused, or

11  neglected children.

12         5.  The manner in which the council will seek and

13  provide funding for unmet needs.

14         6.  The strategy which will be used for interagency

15  coordination to maximize existing human and fiscal resources.

16         (c)  Provide training and orientation to all new

17  members sufficient to allow them to perform their duties.

18         (d)  Make and adopt bylaws and rules and regulations

19  for the council's guidance, operation, governance, and

20  maintenance, provided such rules and regulations are not

21  inconsistent with federal or state laws or county ordinances.

22         (e)  Provide an annual written report, to be presented

23  no later than January 1, to the County Commission of Broward

24  County.  The annual report shall contain, but not be limited

25  to the following information:

26         1.  Information on the effectiveness of activities,

27  services, and programs offered by the council, including

28  cost-effectiveness.

29         2.  A detailed anticipated budget for continuation of

30  activities, services, and programs offered by the council, and

31

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    Florida House of Representatives - 2000                HB 1701

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  1  a list of all sources of requested funding, both public and

  2  private.

  3         3.  Procedures used for early identification of at-risk

  4  children who need additional or continued services and methods

  5  for ensuring that the additional or continued services are

  6  received.

  7         4.  A description of the degree to which the council's

  8  objectives and activities are consistent with the goals of

  9  this section.

10         5.  Detailed information on the various programs,

11  services, and activities available to participants and the

12  degree to which the programs, services, and activities have

13  been successfully used by children.

14         6.  Information on programs, services, and activities

15  that should be eliminated; programs, services, and activities

16  that should be continued; and programs, services, and

17  activities that should be added to the basic format of the

18  Children's Services Council.

19         (4)  The council shall maintain minutes of each

20  meeting, including a record of all votes cast, and shall make

21  such minutes available to any interested person.

22         (5)  Members of the council shall serve without

23  compensation, but shall be entitled to receive reimbursement

24  for per diem and travel expenses consistent with the

25  provisions of section 112.061, Florida Statutes.

26         (6)  All financial records and accounts relating to the

27  district shall be available for audit by state auditors as

28  they are assigned from time to time to audit the affairs of

29  the County officials. If no annual audit of the district is

30  conducted by the state, the council shall cause an independent

31  audit of the District to be conducted.

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    Florida House of Representatives - 2000                HB 1701

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  1         (7)  Within 10 days, exclusive of weekends and legal

  2  holidays, after the expiration of each quarter annual period,

  3  the Children's Services Council shall cause to be prepared and

  4  filed with the County Commission of Broward County a financial

  5  report which shall include the following:

  6         (a)  The total expenditures of the council for the

  7  quarter annual period.

  8         (b)  The total receipts of the council during the

  9  quarter annual period.

10         (c)  A statement of the funds the council has on hand,

11  has invested, or has deposited with qualified public

12  depositories at the end of the quarter annual period.

13         (d)  The total administrative costs of the council for

14  the quarter annual period.

15         Section 5.  Fiscal Year.--

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

17  as that of Broward County.

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

19  Services Council of Broward County shall prepare and adopt an

20  annual written budget of its expected income and expenditures,

21  including a contingency fund.  The written budget shall be

22  certified and delivered to the Board of County Commissioners

23  on or before July 1 of each year.  Included in each certified

24  budget shall be an estimate of the millage rate necessary to

25  be applied to raise the funds budgeted for expenditures, which

26  millage rate shall not exceed a maximum of 50 cents for each

27  $1,000 of assessed valuation of all properties within the

28  County which are subject to County taxes.

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

30  certified and delivered to the Board of County Commissioners

31

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    Florida House of Representatives - 2000                HB 1701

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

  2  County Commissioners or any other authority.

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

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

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

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

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

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

  9  District voting in the Countywide Election to be held in

10  accordance with the requirements of the constitution and the

11  laws of Florida and as set forth in this act.  The tax shall

12  be assessed, levied, and collected in the same manner and at

13  the same time as is provided by law of the levy, collection,

14  and enforcement of collection of County taxes.  All tax money

15  collected under this act, as soon after the collection thereof

16  as is reasonably practicable, shall be paid directly to the

17  Children's Services Council by the Tax Collector of the County

18  and all other applicable County officials.  The moneys so

19  received by the Children's Services Council, shall be

20  deposited in a special bank account, shall be withdrawn only

21  by checks signed by the chair of the council and countersigned

22  by one other member of the council, who shall be so authorized

23  by the council.  The chair and other member of the council who

24  signs its checks shall each give a surety bond in the amount

25  of $1,000 which bond shall be conditioned that each shall

26  faithfully discharge the duties of their office.  No other

27  member of the council shall be required to give bond or other

28  security.  No funds of the council shall be expended except by

29  check as aforesaid, except expenditures of petty cash account

30  which shall not at any time exceed $100.  All expenditures

31  from petty cash shall be recorded on the books and records of

                                  8

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    Florida House of Representatives - 2000                HB 1701

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  1  the Children's Services Council.  No funds of the council,

  2  except the expenditure of petty cash, shall be expended

  3  without prior approval of the council, in addition to the

  4  budgeting thereof.

  5         Section 7.  Powers, Duties, Responsibilities and

  6  Obligations.--Except as specifically provided by this act, the

  7  Children's Services Council of Broward County shall have all

  8  powers, duties, responsibilities and obligations as provided

  9  for special districts in section 125.901, Florida Statutes as

10  amended except that the independent district created by this

11  act may only be amended or dissolved by special act of the

12  Legislature.

13         Section 8.  Referendum.--There is hereby authorized the

14  calling of a special referendum election to carry out the

15  purposes and intent of this act and to do all things necessary

16  to implement and fund the Children's Services Council and the

17  independent district created hereby in accordance with the

18  terms of this act and the laws pertaining to elections.  The

19  item that shall appear on the ballot on September 5, 2000, the

20  date of the primary election of 2000, shall be as follows:

21

22  (Title)  Creation of Children's Services Council of Broward

23  County and authorization of taxation

24

25  (Issue)  An independent special district known as "The

26  Children's Service Council of Broward County" is created to

27  fund the improvement of children's developmental, health, and

28  other children's services by the levying each year of an ad

29  valorem tax not to exceed one-half (1/2) mill for services for

30  children.

31

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    Florida House of Representatives - 2000                HB 1701

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  1  Yes       

  2

  3  No        

  4         Section 9.  This act, except for this section, which

  5  shall take effect upon becoming a law, shall take effect only

  6  if it is approved by a majority vote of those qualified

  7  electors of Broward County voting in a referendum as provided

  8  in section 8 of this act to be called by the Supervisor of

  9  Elections of Broward County on September 5, 2000, the date of

10  primary election of 2000, in accordance with the provisions of

11  law relating to elections currently enforced in Broward

12  County. In this election, procedures prescribed in sections

13  1.01.6101-101.6107, Florida Statutes, may not be used.

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