1 | A bill to be entitled |
2 | An act relating to Collier County; providing a charter; |
3 | creating an independent special district to provide |
4 | children's services in the county; providing for a |
5 | governing board; providing for membership, terms, and |
6 | powers and duties of the board; authorizing reimbursement |
7 | for per diem and travel expenses; requiring certain |
8 | reports and audits; specifying a fiscal year; providing |
9 | financial requirements and budget procedures; authorizing |
10 | the levy of ad valorem assessments and providing a millage |
11 | cap; requiring a surety bond of certain persons; providing |
12 | requirements for amendment or dissolution of the district; |
13 | providing for referendums; providing an effective date. |
14 |
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15 | WHEREAS, credible studies have shown that there is an unmet |
16 | funding gap for services necessary to address the needs of |
17 | children in Collier County, and |
18 | WHEREAS, section 125.901, Florida Statutes, authorizes the |
19 | creation of an independent special district to provide |
20 | children's services throughout each county and permits an |
21 | individual county to establish such a district by ordinance, and |
22 | WHEREAS, the Legislature has determined that it would serve |
23 | the public interest of Collier County to provide for the |
24 | establishment by special act of an independent special district |
25 | within Collier County, as a way of better serving the needs of |
26 | all children in Collier County, NOW, THEREFORE, |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. This act provides a charter for the Children's |
31 | Trust of Collier County. |
32 | Section 2. Subject to approval as provided in section 8, |
33 | there is created an independent special district, to be known as |
34 | the "Children's Trust of Collier County," to provide children's |
35 | services throughout Collier County. The boundaries of the |
36 | district shall be coterminous with the boundaries of the county. |
37 | The governing body of the district shall be a board of trustees. |
38 | Nothing in this act prevents the county from creating a |
39 | children's services council pursuant to section 125.901, Florida |
40 | Statutes. |
41 | Section 3. (1) The board of trustees shall be composed of |
42 | 15 trustees, as follows: |
43 | (a) Category 1: |
44 | 1. The superintendent of schools of the Collier County |
45 | School District or his or her designated senior officer. |
46 | 2. The Sheriff of Collier County or his or her designated |
47 | senior officer. |
48 | 3. A member of the District School Board of Collier |
49 | County, chosen annually by a majority of its members. |
50 | 4. A member of the Board of County Commissioners of |
51 | Collier County, chosen annually by a majority of the |
52 | commissioners. |
53 | 5. A judge assigned to preside over juvenile cases in |
54 | Collier County, who shall sit as a voting member of the trust, |
55 | except that he or she shall not vote or participate in the |
56 | setting of ad valorem assessments. The chief judge of the 20th |
57 | judicial circuit shall annually designate the judge to serve on |
58 | the board. |
59 | (b) Category 2: |
60 | 1. An executive or board member of the United Way, the |
61 | Community Foundation, or a similar community organization. |
62 | 2. An executive or board member from a Collier County |
63 | health or medical services organization that, in whole or in |
64 | part, serves the needs of children. |
65 | 3. A student attending an educational institution who is |
66 | between the ages of 18 and 22 at the time of appointment and is |
67 | and remains a legal resident of the county. |
68 | (c) Category 3: Two members of the Collier County |
69 | community who have served in paid or volunteer positions in |
70 | organizations devoted to providing children's services for at |
71 | least 3 of the 7 years preceding appointment and whose |
72 | backgrounds will help achieve the diversity and experience |
73 | described in paragraph (d). |
74 | (d) Category 4: Five trustees initially appointed by a |
75 | majority of the board of county commissioners. Each trustee must |
76 | be a legal resident of a different county commission district so |
77 | that each district has a representative. Successor appointees, |
78 | including the reappointment of any initial trustee in this |
79 | category, shall be selected by the county commissioners from a |
80 | list of three nominees for each position recommended to the |
81 | board by the trustees. The trustees, in making recommendations |
82 | to the county commissioners, and the commissioners, in |
83 | appointing each of the five trustees, shall consider the |
84 | backgrounds, qualifications, experience, and demographic |
85 | diversity of the trustees serving in each category so as to |
86 | result in a board of trustees with members of varied ethnicity, |
87 | gender, and age, as well as members with managerial, financial, |
88 | accounting, legal, health care, and social services experience. |
89 | (2) The five appointees in categories 2 and 3 shall be |
90 | selected by a majority of the other 10 trustees. |
91 | (3) All trustees in categories 2, 3, and 4 must have been |
92 | legal residents of the county for the 2 calendar years preceding |
93 | appointment and must remain legal residents while serving as |
94 | trustees. The trustees in category 1 need not have been legal |
95 | residents of the county for the 2 calendar years preceding |
96 | appointment, except for senior officers designated by the |
97 | sheriff and the superintendent of schools. Each trustee must |
98 | continue to retain the position that qualified him or her for |
99 | appointment as a trustee in the applicable category. Should a |
100 | trustee fail to retain such position, he or she shall no longer |
101 | be eligible to serve, and his or her term shall end at such |
102 | time. |
103 | (4) The initial 10 trustees in categories 2, 3, and 4 |
104 | shall be divided into three groups, two of which shall contain |
105 | three members each and one of which shall contain four members. |
106 | The student representative shall serve a 2-year term and |
107 | initially be included in the 2-year term group. After initial |
108 | appointment, these groups shall be designated by the chair of |
109 | the board of trustees in a blind name drawing so as to create |
110 | the three groups with initial terms of 1, 2, and 3 years, |
111 | respectively, to create staggered terms. The four-member group |
112 | shall serve initial 3-year terms. Except as otherwise provided, |
113 | each trustee shall serve a 3-year term. A trustee may serve two |
114 | consecutive full 3-year terms in addition to any preceding |
115 | shorter term with a duration of less than 2 years but may not |
116 | thereafter serve without a 2-year hiatus. |
117 | (5) A trustee may be removed by a vote of the majority of |
118 | the board of county commissioners plus one after a |
119 | recommendation by a two-thirds vote of the membership of the |
120 | trust. A trustee may be removed for cause by a majority vote of |
121 | the board of county commissioners after a recommendation by a |
122 | majority vote of the trustees. If any of the trustees dies, |
123 | resigns, is removed from office, or no longer retains the |
124 | position or residential status that qualified the trustee for |
125 | appointment, the vacancy created shall, as soon as practicable, |
126 | be filled by appointment using the same method as the original |
127 | or subsequent appointment procedure, as the case may be, and |
128 | such appointment to fill a vacancy shall be for the unexpired |
129 | term of the person who resigns, dies, is removed from office, or |
130 | is no longer eligible for office. |
131 | (6) The availability of appointments for the initial |
132 | positions on the board of trustees, in all categories other than |
133 | category 1, as well as all subsequent vacancies after initial |
134 | terms, shall be publicly advertised, including the applicable |
135 | criteria for each available position, so as to encourage |
136 | qualified persons to apply for appointment prior to the making |
137 | of recommendations or appointments by the trustees. |
138 | Recommendations and appointments need not be made from among |
139 | applicants who respond to the advertising, but the trustees |
140 | shall consider any such applicants prior to making any |
141 | recommendations or appointments. |
142 | Section 4. (1) The trust shall have the following powers |
143 | and duties: |
144 | (a) To provide for such early childhood, interventional, |
145 | preventive, developmental, treatment, and rehabilitative |
146 | services for children as the trustees determine are needed for |
147 | the general welfare of the county; and provide for such other |
148 | services for children as the trustees determine are needed for |
149 | the general welfare of the county. |
150 | (b) To allocate and provide funds to other agencies in the |
151 | county that are operated for the benefit of children, provided |
152 | such agencies are not under the exclusive jurisdiction of the |
153 | public school system. |
154 | (c) To collect information and statistical data that will |
155 | be helpful to the trustees in determining the needs of children |
156 | in the county. |
157 | (d) To consult with other agencies dedicated to the |
158 | welfare of children to prevent overlapping of services. |
159 | (e) To buy or lease such real estate, equipment, and |
160 | personal property and construct such buildings as are needed to |
161 | execute the foregoing powers and duties, provided that no such |
162 | purchases shall be made or building done except for cash with |
163 | funds on hand or secured by funds deposited in financial |
164 | institutions. Nothing in this act shall be construed to |
165 | authorize issuance of bonds of any nature. |
166 | (f) To employ and pay, on a part-time or full-time basis, |
167 | personnel needed to execute the powers and duties of the trust. |
168 | (g) To borrow money for initial administrative and |
169 | organizational expenses and issue evidence of indebtedness in |
170 | anticipation of the initial tax revenues so long as the amount |
171 | is not greater than 20 percent of the anticipated revenues for |
172 | the initial year. |
173 | (h) To apply for, obtain, and receive funding grants that |
174 | are consistent with the purpose of the trust. |
175 | (i) Except as may be specifically limited or changed by |
176 | this act, to have all powers, duties, responsibilities, and |
177 | obligations as provided for special districts in sections |
178 | 125.901 and 125.902, Florida Statutes. |
179 | (2) Promptly after the initial trustees are appointed by |
180 | the board of county commissioners and the individuals who will |
181 | actually serve in the category 1 positions are identified, those |
182 | trustees shall select and appoint the remaining trustees from |
183 | categories 2 and 3. |
184 | (3) Promptly after all the trustees are initially |
185 | appointed, the trustees of the trust shall elect a chair and |
186 | vice chair or chair elect from among its members and other |
187 | elected officers as deemed necessary by the trust. |
188 | (4) Promptly after the trustees are initially appointed or |
189 | designated, they shall be divided into three groups with |
190 | staggered terms as provided in section 3. |
191 | (5) The trustees of the trust shall: |
192 | (a) As soon as practicable, but not later than 1 year |
193 | after the trustees are first appointed and officers are elected, |
194 | identify and assess the needs of the children in the county |
195 | served by the trustees and submit to the board of county |
196 | commissioners a written description of: |
197 | 1. The activities, services, and opportunities that will |
198 | be provided to children and the anticipated schedule for |
199 | providing those activities, services, and opportunities. |
200 | 2. The manner in which children will be served, including |
201 | a description of arrangements and agreements that are proposed |
202 | to be made with community organizations, state and local |
203 | educational agencies, federal agencies, public assistance |
204 | agencies, the juvenile courts, foster care agencies, and other |
205 | applicable public and private agencies. |
206 | 3. The special outreach efforts that will be undertaken to |
207 | provide services to at-risk, abused, or neglected children. |
208 | 4. The manner in which the trustees will seek and provide |
209 | funding for unmet needs, including the use of available funding |
210 | grants. |
211 | 5. The strategy that will be used for interagency |
212 | coordination to maximize existing human and fiscal resources. |
213 | (b) Provide training and orientation to all trustees |
214 | sufficient to allow them to perform their duties. |
215 | (c) Make and adopt bylaws and rules for the trust's |
216 | guidance, operation, governance, and maintenance, provided such |
217 | rules are not inconsistent with federal or state laws or county |
218 | ordinances. |
219 | (d) Provide an annual written report to be presented no |
220 | later than 90 days after the end of each fiscal year to the |
221 | board of county commissioners. The report shall contain, but not |
222 | be limited to, the following: |
223 | 1. Information on the effectiveness of activities, |
224 | services, and programs offered by the trust, including cost- |
225 | effectiveness. |
226 | 2. A detailed anticipated budget for continuation of |
227 | activities, services, and programs offered by the trust and a |
228 | list of all sources of requested funding, both public and |
229 | private. |
230 | 3. Procedures used for early identification of at-risk |
231 | children who need additional or continued services and methods |
232 | for ensuring that the additional or continued services are |
233 | delivered and received. |
234 | 4. A description of the degree to which the trust's |
235 | objectives and activities are consistent with the goals of this |
236 | section. |
237 | 5. Detailed information on the various programs, services, |
238 | and activities available to participants and the degree to which |
239 | the programs, services, and activities have been successfully |
240 | used by children. |
241 | 6. Information on programs, services, and activities that |
242 | should be eliminated, continued, and added to the basic format |
243 | of the trust. |
244 | 7. A financial statement. |
245 | (6) The trustees shall maintain minutes of each meeting, |
246 | including a record of all votes cast, and shall make such |
247 | minutes available to any interested person. |
248 | (7) Trustees shall serve without compensation but shall be |
249 | entitled to receive reimbursement for per diem and travel |
250 | expenses consistent with section 112.061, Florida Statutes. |
251 | (8) All financial statements of the trust shall be audited |
252 | annually by independent auditors based on generally accepted |
253 | governmental accounting principles. The financial records shall |
254 | also be available for audit by state auditors. |
255 | (9) Within 30 days after the end of each fiscal quarter, |
256 | the trustees shall cause to be prepared and filed with the board |
257 | of county commissioners a financial report that shall include |
258 | the following: |
259 | (a) The total expenditures of the trust for the most |
260 | recent fiscal quarter. |
261 | (b) The total receipts of the trust during the most recent |
262 | fiscal quarter. |
263 | (c) A statement of the funds that the trust has on hand, |
264 | has invested, or has deposited with qualified public |
265 | depositories at the end of the most recent fiscal quarter. |
266 | (d) The total administrative costs of the trust for the |
267 | most recent fiscal quarter. |
268 | (10) The trustees of the trust shall comply with all |
269 | fiscal and other requirements in section 125.901, Florida |
270 | Statutes. |
271 | Section 5. Fiscal year; budget.- |
272 | (1) The fiscal year of the district or trust shall be the |
273 | same as that of Collier County. |
274 | (2) Before the end of each fiscal year, the trust shall |
275 | prepare and adopt a tentative annual written budget for the |
276 | ensuing fiscal year that includes its expected income and |
277 | expenditures and provision for a contingency fund. The tentative |
278 | annual written budget shall be delivered to the board of county |
279 | commissioners within 90 days before the end of each fiscal year. |
280 | Included in each tentative annual written budget shall be an |
281 | estimate of the millage rate necessary to be applied to raise |
282 | the funds budgeted for expenditures, which millage rate shall |
283 | not exceed a maximum of 50 cents for each $1,000 of assessed |
284 | valuation of all properties within the county that are subject |
285 | to county taxes. The adopted budget and final millage rate shall |
286 | be certified and delivered to the board of county commissioners |
287 | within 15 days after the trust's adoption of the final budget |
288 | and millage rate pursuant to chapter 200, Florida Statutes. |
289 | (3) Neither the final nor any preliminary or tentative |
290 | budget of the trust shall be subject to change or modification |
291 | by the board of county commissioners or any other authority. |
292 | Section 6. Levying of ad valorem assessments; use and |
293 | control of funds.-In order to provide funds for the trust, the |
294 | trust may levy ad valorem taxes annually on all taxable property |
295 | in Collier County in an amount no greater than the millage rate |
296 | limit approved by the electorate in the countywide referendum |
297 | pursuant to section 8, not to exceed one-half mill. The trust |
298 | shall compute a proposed millage rate within the voter-approved |
299 | limit necessary to fund the tentative budget and, prior to |
300 | adopting a final budget, comply with the provisions of section |
301 | 200.065, Florida Statutes, relating to the method of fixing |
302 | millage, and shall fix the final millage rate by resolution of |
303 | the trustees. All taxes collected under this act, as soon as is |
304 | reasonably practicable after the collection thereof, shall be |
305 | paid directly to the trust by the tax collector and all other |
306 | applicable county officials. The moneys so received by the trust |
307 | shall be deposited in one or more qualified public depositories |
308 | maintained by the trust. The trust's funds may be temporarily |
309 | invested in such manner as public funds are generally approved |
310 | for investment in the state. Except as otherwise provided, all |
311 | disbursements shall require the signature of two persons, at |
312 | least one of whom must be a trustee. The chair or any other |
313 | trustee or employee who signs checks on behalf of the trust |
314 | shall secure a surety bond in the amount of at least $1,000 for |
315 | each $1 million or portion thereof of the trust's annual budget. |
316 | The actual amount shall be determined by a majority of the |
317 | trustees based on professional advice, which bond shall be |
318 | conditioned that each such trustee or employee shall faithfully |
319 | discharge the duties of his or her office. No other trustee or |
320 | employee shall be required to secure bonds or other security. |
321 | The trust shall pay the cost and premiums for such bonds. No |
322 | funds of the trust shall be expended except by check, except |
323 | expenditures of a petty cash account that shall not at any time |
324 | exceed $500. All expenditures from petty cash shall be recorded |
325 | on the books and records of the trust. No funds of the trust may |
326 | be expended unless they are in accord with its approved budget, |
327 | but nothing shall prevent the trustees from periodically |
328 | approving revisions to particular budget line items. Except for |
329 | the expenditure of petty cash or issuance of checks made payable |
330 | for sums no greater than $5,000, no funds of the trust shall be |
331 | expended without prior written approval of the trustees. |
332 | However, budgeted expenditures of $5,000 or less may be made by |
333 | the chief executive officer of the trust without the prior |
334 | written approval of the trustees but shall be reported to the |
335 | trustees by written report during the month in which any such |
336 | expenditures are made. For purposes of this section, electronic |
337 | wire transfers shall be deemed to be checks if written |
338 | authorization for each wire transfer is obtained in the same |
339 | manner as checks are approved. |
340 | Section 7. Amendment and dissolution.-The charter for the |
341 | district that is created by this act may be amended only by |
342 | special act of the Legislature. The district may be dissolved by |
343 | a special act of the Legislature, by the electorate of Collier |
344 | County in a referendum appearing on the ballot in a primary, |
345 | general, or special election or by virtue of the sunset |
346 | provisions of section 8. |
347 | Section 8. Referendum.-As a condition to the creation and |
348 | establishment of the district, it must be approved by a 60- |
349 | percent vote of the electorate of Collier County voting in a |
350 | referendum appearing on the ballot in a general election. The |
351 | decision to place the item on the ballot for a referendum shall |
352 | be made by the board of county commissioners. The referendum |
353 | shall include provisions for the district or trust to cease to |
354 | exist, or for the authorization to levy ad valorem assessments |
355 | to cease at the end of a stated sunset period of not more than 7 |
356 | years and not less than 5 years, the actual number of years to |
357 | be established in the referendum approved by the board of county |
358 | commissioners. If the initial referendum is approved by the |
359 | electorate, the district or trust may be continued at the end of |
360 | the sunset period by an affirmative 60-percent vote of the |
361 | electorate in a subsequent referendum. |
362 | Section 9. This act shall take effect only upon its |
363 | approval by a 60-percent vote of those qualified electors of |
364 | Collier County voting in a referendum to be held by the Board of |
365 | County Commissioners of Collier County in conjunction with the |
366 | next general election in Collier County, except that this |
367 | section shall take effect upon this act becoming a law. |