Florida Senate - 2010                                    SB 1216
       
       
       
       By Senator Negron
       
       
       
       
       28-00933B-10                                          20101216__
    1                        A bill to be entitled                      
    2         An act relating to children’s services; amending s.
    3         125.901, F.S.; revising the membership of councils on
    4         children’s services; requiring the governing body of
    5         the county to approve the purchase of real estate or
    6         the construction of a building by a council on
    7         children’s services; requiring a council on children’s
    8         services to submit a tentative budget and proposed
    9         millage rate to the governing body of the county;
   10         requiring the governing body of the county to take
   11         public testimony on the council’s tentative budget and
   12         proposed millage rate; providing for the governing
   13         body of the county to approve the budget before final
   14         adoption by a council on children’s services;
   15         specifying that millage levied and fixed by a council
   16         on children’s services does not count against the
   17         millage limit applicable to the county under the State
   18         Constitution; requiring the governing body of the
   19         county to take public testimony and periodically vote
   20         to retain or dissolve a council on children’s
   21         services; requiring the electors of a county to
   22         periodically vote on whether to retain or dissolve a
   23         council on children’s services; requiring a council on
   24         children’s services to give priority in the use of
   25         funds to the provision of children’s services rather
   26         than to the purchase of real estate or the
   27         construction of buildings; expressing legislative
   28         intent on application of the act; providing an
   29         effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 125.901, Florida Statutes, is amended to
   34  read:
   35         125.901 Children’s services; independent special district;
   36  council; powers, duties, and functions; public records
   37  exemption.—
   38         (1) Each county may by ordinance create an independent
   39  special district, as defined in ss. 189.403(3) and
   40  200.001(8)(e), to provide funding for children’s services
   41  throughout the county in accordance with this section. The
   42  boundaries of such district shall be coterminous with the
   43  boundaries of the county. The county governing body must shall
   44  obtain approval, by a majority vote of those electors voting on
   45  the question, to annually levy ad valorem taxes that may which
   46  shall not exceed the maximum millage rate authorized by this
   47  section. Any district created pursuant to the provisions of this
   48  subsection shall be required to levy and fix millage subject to
   49  the provisions of s. 200.065. Once such millage is approved by
   50  the electorate, the district may shall not be required to seek
   51  approval of the electorate in future years to levy the
   52  previously approved millage.
   53         (a) The governing board of the district shall be a council
   54  on children’s services, which may also be known as a juvenile
   55  welfare board or similar name as established in the ordinance by
   56  the county governing body. Such council shall consist of 11 10
   57  members, including: the superintendent of schools; a local
   58  school board member; the district administrator from the
   59  appropriate district of the Department of Children and Family
   60  Services, or his or her designee who is a member of the Senior
   61  Management Service or of the Selected Exempt Service; two
   62  members one member of the county governing body; and the judge
   63  assigned to juvenile cases, who shall sit as a voting member of
   64  the board, except that the said judge may shall not vote or
   65  participate in the setting of ad valorem taxes under this
   66  section. If there is more than one judge is assigned to juvenile
   67  cases in a county, the chief judge shall designate one of the
   68  said juvenile judges to serve on the board. The remaining five
   69  members shall be appointed by the Governor, and shall, to the
   70  extent possible, represent the demographic diversity of the
   71  population of the county. After soliciting recommendations from
   72  the public, the county governing body shall submit to the
   73  Governor the names of at least three persons for each vacancy
   74  occurring among the five members appointed by the Governor, and
   75  the Governor shall appoint members to the council from the
   76  candidates nominated by the county governing body. The Governor
   77  shall make a selection within a 45-day period or request a new
   78  list of candidates. All members appointed by the Governor must
   79  shall have been residents of the county for the previous 24
   80  month period. Such members shall be appointed for 4-year terms,
   81  except that the length of the terms of the initial appointees
   82  shall be adjusted to stagger the terms. The Governor may remove
   83  a member for cause or upon the written petition of the county
   84  governing body. If any of the members of the council required to
   85  be appointed by the Governor under the provisions of this
   86  subsection shall resign, die, or are be removed from office, the
   87  vacancy thereby created shall, as soon as practicable, be filled
   88  by appointment by the Governor, using the same method as the
   89  original appointment, and such appointment to fill a vacancy
   90  shall be for the unexpired term of the person who resigns, dies,
   91  or is removed from office.
   92         (b) However, any county as defined in s. 125.011(1) may
   93  instead have a governing board consisting of 33 members,
   94  including: the superintendent of schools; two representatives of
   95  public postsecondary education institutions located in the
   96  county; the county manager or the equivalent county officer; the
   97  district administrator from the appropriate district of the
   98  Department of Children and Family Services, or the
   99  administrator’s designee who is a member of the Senior
  100  Management Service or the Selected Exempt Service; the director
  101  of the county health department or the director’s designee; the
  102  state attorney for the county or the state attorney’s designee;
  103  the chief judge assigned to juvenile cases, or another juvenile
  104  judge who is the chief judge’s designee and who shall sit as a
  105  voting member of the board, except that the judge may not vote
  106  or participate in setting ad valorem taxes under this section;
  107  an individual who is selected by the board of the local United
  108  Way or its equivalent; a member of a locally recognized faith
  109  based coalition, selected by that coalition; a member of the
  110  local chamber of commerce, selected by that chamber or, if more
  111  than one chamber exists within the county, a person selected by
  112  a coalition of the local chambers; a member of the early
  113  learning coalition, selected by that coalition; a representative
  114  of a labor organization or union active in the county; a member
  115  of a local alliance or coalition engaged in cross-system
  116  planning for health and social service delivery in the county,
  117  selected by that alliance or coalition; a member of the local
  118  Parent-Teachers Association/Parent-Teacher-Student Association,
  119  selected by that association; a youth representative selected by
  120  the local school system’s student government; a local school
  121  board member appointed by the chair of the school board; the
  122  mayor of the county or the mayor’s designee; one member of the
  123  county governing body, appointed by the chair of that body; a
  124  member of the state Legislature who represents residents of the
  125  county, selected by the chair of the local legislative
  126  delegation; an elected official representing the residents of a
  127  municipality in the county, selected by the county municipal
  128  league; and four 4 members-at-large, appointed to the council by
  129  the majority of sitting council members. The remaining seven 7
  130  members shall be appointed by the Governor pursuant to in
  131  accordance with procedures set forth in paragraph (a), except
  132  that the Governor may remove a member for cause or upon the
  133  written petition of the council. Appointments by the Governor
  134  must, to the extent reasonably possible, represent the
  135  geographic and demographic diversity of the population of the
  136  county. Members who are appointed to the council by reason of
  137  their position are not subject to the length of terms and limits
  138  on consecutive terms as provided in this section. The remaining
  139  appointed members of the governing board shall be appointed to
  140  serve 2-year terms, except that those members appointed by the
  141  Governor shall be appointed to serve 4-year terms, and the youth
  142  representative and the legislative delegate shall be appointed
  143  to serve 1-year terms. A member may be reappointed.; However, a
  144  member may not serve for more than three consecutive terms. A
  145  member is eligible to be appointed again after a 2-year hiatus
  146  from the council.
  147         (c) This subsection does not prohibit a county from
  148  exercising such power as is provided by general or special law
  149  to provide children’s services or to create a special district
  150  to provide such services.
  151         (2)(a) Each council on children’s services shall have all
  152  of the following powers and functions:
  153         1. To provide and maintain in the county such preventive,
  154  developmental, treatment, and rehabilitative services for
  155  children as the council determines are needed for the general
  156  welfare of the county.
  157         2. To provide such other services for all children as the
  158  council determines are needed for the general welfare of the
  159  county.
  160         3. To allocate and provide funds for other agencies in the
  161  county which are operated for the benefit of children, if those
  162  funds provided they are not under the exclusive jurisdiction of
  163  the public school system.
  164         4. To collect information and statistical data and to
  165  conduct research that which will be helpful to the council and
  166  the county in deciding the needs of children in the county.
  167         5. To consult and coordinate with other agencies dedicated
  168  to the welfare of children to the end that the overlapping of
  169  services will be prevented.
  170         6. To lease or buy such real estate, equipment, and
  171  personal property and to construct such buildings as are needed
  172  to execute the foregoing powers and functions, except provided
  173  that no such purchases may not shall be made or building done
  174  unless paid for with cash on hand or secured by funds deposited
  175  in financial institutions. The governing body of the county must
  176  approve by resolution the purchase of real estate or the
  177  construction of a building by the council. Nothing in This
  178  subparagraph does not shall be construed to authorize a district
  179  to issue bonds of any nature, and nor shall a district may not
  180  have the power to require the imposition of any bond by the
  181  governing body of the county.
  182         7. To employ, pay, and provide benefits for any part-time
  183  or full-time personnel needed to execute the foregoing powers
  184  and functions.
  185         (b) Each council on children’s services shall:
  186         1. Immediately after the members are appointed, elect a
  187  chair and a vice chair from among its members, and elect other
  188  officers as deemed necessary by the council.
  189         2. Immediately after the members are appointed and officers
  190  are elected, identify and assess the needs of the children in
  191  the county served by the council and submit to the governing
  192  body of each county a written description of:
  193         a. The activities, services, and opportunities that will be
  194  provided to children.
  195         b. The anticipated schedule for providing those activities,
  196  services, and opportunities.
  197         c. The manner in which children will be served, including a
  198  description of arrangements and agreements that which will be
  199  made with community organizations, state and local educational
  200  agencies, federal agencies, public assistance agencies, the
  201  juvenile courts, foster care agencies, and other applicable
  202  public and private agencies and organizations.
  203         d. The special outreach efforts that will be undertaken to
  204  provide services to at-risk, abused, or neglected children.
  205         e. The manner in which the council will seek and provide
  206  funding for unmet needs.
  207         f. The strategy that which will be used for interagency
  208  coordination to maximize existing human and fiscal resources.
  209         3. Provide training and orientation to all new members
  210  sufficient to allow them to perform their duties.
  211         4. Make and adopt bylaws and rules and regulations for the
  212  council’s guidance, operation, governance, and maintenance
  213  which, provided such rules and regulations are not inconsistent
  214  with federal or state laws or county ordinances.
  215         5. Provide an annual written report, to be presented no
  216  later than January 1, to the governing body of the county. The
  217  annual report shall contain, but need not be limited to, the
  218  following information:
  219         a. Information on the effectiveness of activities,
  220  services, and programs offered by the council, including cost
  221  effectiveness.
  222         b. A detailed anticipated budget for continuation of
  223  activities, services, and programs offered by the council, and a
  224  list of all sources of requested funding, both public and
  225  private.
  226         c. Procedures used for early identification of at-risk
  227  children who need additional or continued services and methods
  228  for ensuring that the additional or continued services are
  229  received.
  230         d. A description of the degree to which the council’s
  231  objectives and activities are consistent with the goals of this
  232  section.
  233         e. Detailed information on the various programs, services,
  234  and activities available to participants and the degree to which
  235  the programs, services, and activities have been successfully
  236  used by children.
  237         f. Information on programs, services, and activities that
  238  should be eliminated; programs, services, and activities that
  239  should be continued; and programs, services, and activities that
  240  should be added to the basic format of the children’s services
  241  council.
  242         (c) The council shall maintain minutes of each meeting,
  243  including a record of all votes cast, and shall make such
  244  minutes available to any interested person.
  245         (d) Members of the council shall serve without
  246  compensation, but are shall be entitled to receive reimbursement
  247  for per diem and travel expenses consistent with the provisions
  248  of s. 112.061.
  249         (3)(a) The fiscal year of the district shall be the same as
  250  that of the county.
  251         (b)1. On or before June 15 July 1 of each year, the council
  252  on children’s services shall prepare and submit to the governing
  253  body of the county a tentative annual written budget of the
  254  district’s expected income and expenditures, including a
  255  contingency fund. The council shall, in addition, compute and
  256  submit to the governing body of the county a proposed millage
  257  rate within the voter-approved cap necessary to fund the
  258  tentative budget and, prior to adopting a final budget, comply
  259  with the provisions of s. 200.065, relating to the method of
  260  fixing millage, and shall fix the final millage rate by
  261  resolution of the council. The council shall include with the
  262  submissions the council’s rationale for the budget and millage
  263  rate, as well as a detailed explanation for any significant
  264  changes in the proposed use of funds from the prior year’s
  265  approved budget.
  266         2.a.Within 20 days after receiving the tentative budget
  267  and proposed millage rate from the council, the governing body
  268  of the county shall hold a public hearing and receive public
  269  testimony on the tentative budget and proposed millage rate. The
  270  governing body of the county shall by resolution approve the
  271  budget or reject it and direct the council to submit a revised
  272  tentative budget within 10 days for approval or rejection by the
  273  governing body. The council may not adopt a final budget until
  274  the budget has been approved by the governing body.
  275         b. The authority under this subparagraph for the governing
  276  body of the county to approve the budget of the council does not
  277  cause the millage levied and fixed by the council to count
  278  toward the maximum millage authorized for all county purposes
  279  under s. 9, Art. VII of the State Constitution.
  280         3. Before adopting a final budget, the council must comply
  281  with the provisions of s. 200.065, relating to the method of
  282  fixing millage, and shall fix the final millage rate by
  283  resolution of the council.
  284         4. The adopted budget and final millage rate shall be
  285  certified and delivered to the governing body of the county as
  286  soon as possible following the council’s adoption of the final
  287  budget and millage rate pursuant to chapter 200. Included in
  288  each certified budget shall be the millage rate, adopted by
  289  resolution of the council, necessary to be applied to raise the
  290  funds budgeted for district operations and expenditures. In no
  291  circumstances, however, shall any district levy millage to
  292  exceed a maximum of 0.5 mills of assessed valuation of all
  293  properties within the county which are subject to ad valorem
  294  county taxes.
  295         (c) The adopted budget of the district so certified and
  296  delivered to the governing body of the county under paragraph
  297  (b) is shall not be subject to change or modification by the
  298  governing body of the county or any other authority.
  299         (d) All tax money collected under this section, as soon
  300  after the collection thereof as is reasonably practicable, shall
  301  be paid directly to the council on children’s services by the
  302  tax collector of the county, or the clerk of the circuit court
  303  if the clerk collects delinquent taxes.
  304         (e)1. All moneys received by the council on children’s
  305  services shall be deposited in qualified public depositories, as
  306  defined in s. 280.02, with separate and distinguishable accounts
  307  established specifically for the council and shall be withdrawn
  308  only by checks signed by the chair of the council and
  309  countersigned by either one other member of the council on
  310  children’s services or by a chief executive officer who shall be
  311  so authorized by the council.
  312         2. Upon entering the duties of office, the chair and the
  313  other member of the council or chief executive officer who signs
  314  its checks shall each give a surety bond in the sum of at least
  315  $1,000 for each $1 million or portion thereof of the council’s
  316  annual budget, which bond shall be conditioned that each shall
  317  faithfully discharge the duties of his or her office. The
  318  premium on such bond may be paid by the district as part of the
  319  expense of the council. No other member of the council shall be
  320  required to give bond or other security.
  321         3. No Funds of the district may not shall be expended
  322  except by check as aforesaid, except for expenditures from a
  323  petty cash account, which may shall not at any time exceed $100.
  324  All expenditures from petty cash shall be recorded on the books
  325  and records of the council on children’s services. No Funds of
  326  the council on children’s services, except excepting
  327  expenditures from petty cash, may not shall be expended without
  328  prior approval of the council, in addition to the budgeting
  329  thereof.
  330         (f) Within 10 days, exclusive of weekends and legal
  331  holidays, after the expiration of each quarter annual period,
  332  the council on children’s services shall cause to be prepared
  333  and filed with the governing body of the county a financial
  334  report that includes which shall include the following:
  335         1. The total expenditures of the council for the quarter
  336  annual period.
  337         2. The total receipts of the council during the quarter
  338  annual period.
  339         3. A statement of the funds the council has on hand, has
  340  invested, or has deposited with qualified public depositories at
  341  the end of the quarter annual period.
  342         4. The total administrative costs of the council for the
  343  quarter annual period.
  344         (4)(a) Any district created pursuant to the provisions of
  345  this section may be dissolved by a special act of the
  346  Legislature, or the county governing body may by ordinance
  347  dissolve the district subject to the approval of the electorate.
  348         (b) Notwithstanding paragraph (a), beginning in May 2016,
  349  and in May every 8 years thereafter, the governing body of the
  350  county shall hear public testimony relating to the effectiveness
  351  of the council on children’s services and shall vote by
  352  ordinance whether to retain or dissolve the district. Regardless
  353  of its decision, the governing body of the county shall submit
  354  the question of retention or dissolution of the district to the
  355  electors in the August primary election immediately following
  356  its decision. If the electorate votes to dissolve the district,
  357  the district shall be dissolved.
  358  
  359  If any district is dissolved pursuant to the provisions of this
  360  subsection, each county must shall first obligate itself to
  361  assume the debts, liabilities, contracts, and outstanding
  362  obligations of the district within the total millage available
  363  to the county governing body for all county and municipal
  364  purposes as provided for under s. 9, Art. VII of the State
  365  Constitution. Any district may also be dissolved pursuant to the
  366  provisions of s. 189.4042.
  367         (5) After or during the first year of operation of the
  368  council on children’s services, the governing body of the
  369  county, at its option, may fund in whole or in part the budget
  370  of the council on children’s services from its own funds.
  371         (6) Any district created pursuant to the provisions of this
  372  section shall comply with all other statutory requirements of
  373  general application which relate to the filing of any financial
  374  reports or compliance reports required under part III of chapter
  375  218, or any other report or documentation required by law,
  376  including the requirements of ss. 189.415, 189.417, and 189.418.
  377         (7)(a) Each county may by ordinance create a dependent
  378  special district within the boundaries of the county for the
  379  purpose of providing preventive, developmental, treatment, and
  380  rehabilitative services for children. The district may is
  381  authorized to seek grants from state, federal, and local
  382  agencies and to accept donations from public and private sources
  383  if, provided that the district complies with the provisions of
  384  paragraphs (1)(a) and (2)(b), and provided that the district has
  385  a budget that requires approval through an affirmative vote of
  386  the governing body of the county or that may be vetoed by the
  387  governing body of the county.
  388         (b) If the provisions of a county charter relating to the
  389  membership of the governing board of a dependent special
  390  district conflict with paragraph (1)(a), a county may by
  391  ordinance create a dependent special district within the
  392  boundaries of the county for the purpose of providing
  393  preventive, developmental, treatment, and rehabilitative
  394  services for children, and the district may shall be authorized
  395  to seek grants from state, federal, and local agencies and to
  396  accept donations from public and private sources if, provided
  397  that the district complies with the provisions of paragraph
  398  (2)(b), and provided that the district has a budget that
  399  requires approval through an affirmative vote of the governing
  400  body of the county or that may be vetoed by the governing body
  401  of the county.
  402         (8) It is the intent of the Legislature that the funds
  403  collected pursuant to the provisions of this section shall be
  404  used to support improvements in children’s services and that
  405  such funds may shall not be used as a substitute for existing
  406  resources or for resources that would otherwise be available for
  407  children’s services. The council on children’s services shall
  408  give priority in the use of funds under this section to the
  409  provision of children’s services rather than to the purchase of
  410  real estate or the construction of buildings.
  411         (9) Two or more councils on children’s services may enter
  412  into a cooperative agreement to share administrative costs,
  413  including, but not limited to, staff and office space, if a more
  414  efficient or effective operation will result. The cooperative
  415  agreement shall include provisions on apportioning costs between
  416  the councils, keeping separate and distinct financial records
  417  for each council, and resolving any conflicts that might arise
  418  under the cooperative agreement.
  419         (10) Two or more councils on children’s services may enter
  420  into a cooperative agreement to seek grants, to accept
  421  donations, or to jointly fund programs serving multicounty
  422  areas. The cooperative agreement shall include provisions for
  423  the adequate accounting of separate and joint funds.
  424         (11) Personal identifying information of a child or the
  425  parent or guardian of the child, held by a council on children’s
  426  services, juvenile welfare board, or other similar entity
  427  created under this section or by special law, or held by a
  428  service provider or researcher under contract with such entity,
  429  is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  430  Constitution. This exemption applies to such information held
  431  before, on, or after the effective date of this exemption.
  432         Section 2. It is the intent of the Legislature that the
  433  revisions made by this act to s. 125.901, Florida Statutes,
  434  apply to any council on children’s services in existence on the
  435  effective date of this act and to any council created on or
  436  after the effective date of this act. It is further the intent
  437  of the Legislature that the revisions made by this act to the
  438  process by which a council develops a budget for the special
  439  district apply to the budget for the 2010-2011 fiscal year of
  440  the district.
  441         Section 3. This act shall take effect upon becoming a law.