Florida Senate - 2013 SB 514 By Senator Sobel 33-00443-13 2013514__ 1 A bill to be entitled 2 An act relating to public school safety; providing a 3 short title; authorizing each county to create an 4 independent special district by ordinance to provide 5 funding for public school security and mental health 6 services; requiring elector approval to annually levy 7 ad valorem taxes; requiring the district to comply 8 with statutory requirements related to levying and 9 fixing millage and filing financial or compliance 10 reports; providing for the dissolution of the 11 district; requiring the governing body of the county 12 to periodically submit to the electorate the question 13 of retention or dissolution of the district; creating 14 a governing council for the district; basing the size 15 of the council on the population of the county; 16 specifying criteria for council membership; providing 17 terms of office; requiring the council to appoint a 18 chair and vice chair and elect other officers; 19 providing procedures for filling a vacancy on the 20 council; requiring council members to serve without 21 compensation; requiring members to follow certain 22 financial disclosure, noticing, and reporting 23 procedures; specifying the powers and functions of the 24 council; authorizing two or more districts to enter 25 into cooperative agreements; requiring the district to 26 provide an annual report to the school board and 27 county governing body; providing for the content of 28 the report; requiring the council to prepare a 29 tentative annual budget and compute a millage rate to 30 fund the district; requiring that all tax moneys 31 collected be paid directly to the council by the 32 county tax collector and be deposited in qualified 33 public depositories; requiring certain members to file 34 a surety bond; specifying expenditures of funds; 35 requiring the council to prepare and file quarterly 36 financial reports with the county governing body; 37 prohibiting the council from requiring certain 38 matching funds; providing that all district financial 39 records be subject to audit; providing legislative 40 intent with respect to the use of funds collected by 41 the council; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. This act may be cited as the “School Safety 46 Act.” 47 Section 2. School Safety Act.— 48 (1) SPECIAL DISTRICT.—Each county may, by ordinance, create 49 an independent special district, as defined in s. 189.403, 50 Florida Statutes, to provide countywide school security and 51 mental health referral services. The boundaries of such district 52 must be coterminous with the boundaries of the county. 53 (a) Upon adoption of the ordinance creating the district, 54 the governing body of the county enacting the ordinance shall 55 place on the ballot the question of levying ad valorem taxes at 56 a rate of up to 0.5 mills of assessed valuation of all 57 properties subject to ad valorem taxes within the county, which 58 shall be used to fund the district. The tax must be approved by 59 a majority of the electors of the county voting in a referendum 60 held for such purpose. The ballot for the referendum must 61 conform to s. 101.161, Florida Statutes. 62 (b) A district created under this section shall: 63 1. Levy and fix millage as provided in s. 200.065, Florida 64 Statutes. 65 2. Maintain the same fiscal year as the county. 66 3. Comply with all other statutory requirements of general 67 application which relate to the filing of any financial or 68 compliance reports required under part III of chapter 218, 69 Florida Statutes, or any other report or documentation required 70 by law, including the requirements of ss. 189.415, 189.417, and 71 189.418, Florida Statutes. 72 (c) The district may be dissolved by special act of the 73 Legislature, or the county governing body may, by ordinance, 74 dissolve the district subject to approval by a majority of the 75 electors in the county voting on the issue. The district may 76 also be dissolved pursuant to s. 189.4042, Florida Statutes. 77 Before dissolving the district, the county shall obligate itself 78 to assume the debts, liabilities, contracts, and outstanding 79 obligations of the district within the total millage available 80 to the county for all county and municipal purposes as provided 81 under s. 9, Article VII of the State Constitution. 82 (d) A referendum by the electorate creating the district 83 may specify that the district is not subject to reauthorization 84 or may specify the number of years the initial authorization 85 remains effective. If the referendum does not prescribe terms of 86 reauthorization, the governing body of the county shall submit 87 the question of retention or dissolution to the electorate in 88 the general election 12 years after the initial authorization. 89 1. The district council may specify, and submit to the 90 governing body of the county within 9 months before the 91 scheduled election, that the district is not subject to 92 reauthorization or may specify the number of years for which 93 reauthorization remains effective. If the district council makes 94 such specification and submission, the governing body of the 95 county shall include that information in the question submitted 96 to the electorate. If the district council does not specify and 97 submit such information, the governing body of the county shall 98 resubmit the question of reauthorization to the electorate every 99 12 years after the prior authorization. The district council may 100 recommend to the governing body of the county language for the 101 question submitted to the electorate. 102 2. This paragraph does not preclude the district council 103 from requesting that the governing body of the county submit the 104 question of retention or dissolution of a district with voter 105 approved taxing authority to the electorate at an earlier date. 106 3. This paragraph does not limit authority to dissolve a 107 district as provided under paragraph (c). 108 (e) This section does not prohibit a county from exercising 109 such power as is provided by general or special law to provide 110 or fund safety services for public schools. 111 (2) COUNCIL MEMBERSHIP.— 112 (a) If the county has a population of fewer than 100,000 113 according to the latest state census, the district shall be 114 governed by a 7-member council consisting of: 115 1. Two members who are county commissioners, appointed by 116 the board of county commissioners. 117 2. Two members who are school board members, appointed by 118 the county school board. 119 3. One member, who is an elected member of the governing 120 body of the largest municipality within the county, appointed by 121 the mayor of the municipality. 122 4. Two elected members of the county legislative 123 delegation, appointed by the chair of the delegation with the 124 assent of the delegation. Such members must be state senators or 125 state representatives in districts in which 50 percent or more 126 of the district lies within the county. Such members shall be ex 127 officio members and shall participate in all council matters but 128 may not vote on any binding resolution, motion, or matter that 129 relates to levying ad valorem taxation or assessments that may 130 be considered by the council. 131 (b) If the county has a population of 100,000 but fewer 132 than 600,000 according to the last state census, the district 133 shall be governed by a 9-member council consisting of: 134 1. Three members who are county commissioners, appointed by 135 the board of county commissioners. 136 2. Three members who are school board members, appointed by 137 the county school board. 138 3. One member, who is an elected member of the governing 139 body of the largest municipality within the county who shall be 140 appointed by the mayor of the municipality. 141 4. Two elected members of the county legislative 142 delegation, appointed by the chair of the delegation with the 143 assent of the delegation. Such members must be state senators or 144 state representatives in districts in which 50 percent or more 145 of the district lies within the county. Such members shall be ex 146 officio members and shall participate in all council matters but 147 may not vote on any binding resolution, motion, or matter that 148 relates to levying ad valorem taxation or assessments that may 149 be considered by the council. 150 (c) If the county has a population equal to or greater than 151 600,000 according to the last state census, the district shall 152 be governed by an 11-member council consisting of: 153 1. Three members who are county commissioners, appointed by 154 the board of county commissioners. 155 2. Three members who are school board members, appointed by 156 the county school board. 157 3. Three members, who are elected members of the governing 158 body of the three municipalities within the county who shall be 159 appointed by the county League of Cities, or any similar 160 successor organization. 161 4. Two elected members of the county legislative 162 delegation, appointed by the chair of the delegation with the 163 assent of the delegation. Such members must be state senators or 164 state representatives in districts in which 50 percent or more 165 of the district lies within the county. Such members shall be ex 166 officio members and shall participate in all council matters but 167 may not vote on any binding resolution, motion, or matter that 168 relates to levying ad valorem taxation or assessments that may 169 be considered by the council. 170 (d) The members shall be appointed to 4-year terms and may 171 be reappointed for one additional term of office. The length of 172 the terms of the initial appointees shall be adjusted to stagger 173 the terms. 174 (e) Immediately after appointment, the members shall elect 175 a chair and vice chair from among its members and elect other 176 officers as deemed necessary by the council. 177 (f) If any council member resigns, dies, or is removed from 178 office for cause, the vacancy shall be filled using the same 179 method as the original appointment, and the new member shall be 180 appointed for the remainder of the unexpired term. 181 (g) Members of the council shall serve without 182 compensation, but are entitled to reimbursement for per diem and 183 travel expenses in accordance with s. 112.061, Florida Statutes. 184 (h) The applicable financial disclosure, noticing, and 185 reporting requirements of the council are those of their 186 respective elected offices. The applicable financial disclosure, 187 noticing, and reporting requirements of other officers and 188 employees shall be the same as corresponding municipal 189 positions. 190 (3) COUNCIL DUTIES.— 191 (a) The council shall: 192 1. Make and adopt bylaws and rules for the council’s 193 guidance, operation, governance, and maintenance. Such rules 194 must be consistent with federal or state laws or county 195 ordinances. 196 2. Arrange for and provide training and orientation to all 197 new members sufficient to allow them to perform their duties. 198 3. Immediately after the members are appointed and the 199 officers are elected, identify and assess the security and 200 mental health referral needs of all schools served by the school 201 board. This includes, but is not limited to: 202 a. Collecting information and statistical data that will be 203 helpful to the council in determining the needs of security and 204 mental health referral services within schools operated by the 205 school board. 206 b. Determining the manner in which the council will seek 207 and provide funding for needs. 208 c. Developing a strategy that will be used for interagency 209 coordination to maximize existing human and fiscal resources. 210 4. Consult with other agencies providing security and 211 mental health referral services to schools operated by the 212 school board. 213 5. Seek grants from state, federal, and local agencies and 214 accept donations of moneys or properties from public and private 215 sources. 216 6. Lease or buy such real estate, equipment, and personal 217 property and construct such buildings as are needed to execute 218 the foregoing powers and duties. Purchases or building may not 219 be done except with funds on hand or secured by funds deposited 220 in financial institutions. This section does not authorize 221 issuance of bonds of any nature. 222 7. Sell or dispose of property or properties owned by the 223 district for fair market value. 224 8. Maintain minutes of each meeting, including a record of 225 all votes cast, and make the minutes available to any interested 226 person. 227 9. Employ, pay, and provide benefits for any part-time or 228 full-time personnel needed to carry out the powers, functions, 229 and duties of the district. 230 10. Have all powers necessary and expedient to carry out 231 the duties and functions described in this section. 232 (b) The council may: 233 1. Collect information and statistical data and conduct 234 research and assessments that are helpful to the council and the 235 county in determining the safety needs of county schools and 236 students. 237 2. Consult and coordinate with other agencies providing 238 mental health services in order to prevent the duplication of 239 services. 240 3. Provide and maintain in the county the services which 241 the council determines are needed for the safety of the schools 242 and students, which may include: 243 a. Providing funding for all necessary school security for 244 all schools operated directly by the school board. 245 b. Providing mental health referral services for all 246 students and staff within schools operated by the school board. 247 c. Allocating and providing funds to other agencies that 248 provide services. 249 (c) Two or more districts may enter into a cooperative 250 agreement to: 251 1. Share administrative costs, including staff and office 252 space if a more efficient or effective operation will result. 253 The cooperative agreement must include provisions for 254 apportioning costs between the districts, keeping separate and 255 distinct financial records for each district, and resolving any 256 conflicts that might arise under the agreement. 257 2. Seek grants, accept donations, or jointly fund programs 258 serving multicounty areas. The cooperative agreement must 259 include provisions for the adequate accounting of separate and 260 joint funds. 261 (4) ANNUAL REPORT.—The district shall provide an annual 262 written report, to be presented by January 1, to the school 263 board and the board of county commissioners. At a minimum, the 264 report must include: 265 (a) Detailed information on the various activities, 266 programs, and services available to schools, staff, and students 267 and the degree to which the programs, services, and activities 268 have been successfully used. 269 (b) Information on the effectiveness of programs, services, 270 and activities offered by the district, including cost 271 effectiveness. 272 (c) A detailed anticipated budget for continuation of 273 programs, services, or activities offered by the district, and a 274 list of all sources of funding, both public and private. 275 (d) Procedures for identification of at-risk school 276 children or staff who need additional or continued mental health 277 services and methods for ensuring that the additional or 278 continued services are received. 279 (e) Information on programs, services, and activities that 280 should be eliminated; programs, services, and activities that 281 should be continued; and programs, services, and activities that 282 should be added to the district’s basic format. 283 (f) A description of the degree to which the district’s 284 objectives and activities are consistent with the goals of this 285 section. 286 (5) DISTRICT BUDGET AND FINANCIAL MATTERS.— 287 (a) On or before July 1 of each year, the council shall, 288 pursuant to s. 189.418, Florida Statutes, prepare a tentative 289 annual budget of the district’s expected income and 290 expenditures, including a contingency fund. In addition, the 291 council shall compute a proposed millage rate of up to 0.5 mills 292 of assessed value, as necessary to fund the tentative budget. 293 The council must comply with s. 200.065, Florida Statutes. 294 (b) After the district’s budget is certified and delivered 295 to the county governing body, the budget may not be changed or 296 modified by the governing body or any other authority. 297 (c) As soon after collection as is reasonably practicable, 298 all taxes collected under this section shall be paid directly to 299 the district by the county’s revenue-collection entity. 300 (d) All moneys received by the district shall be deposited 301 into qualified public depositories, as defined in s. 280.02, 302 Florida Statutes, with separate and distinguishable accounts 303 established specifically for the district, and may be withdrawn 304 only by checks signed by the chair of the council and 305 countersigned by one other council member or by a chief 306 executive officer authorized by the council. 307 1. Upon taking office, the chair and the other member of 308 the council or chief executive officer authorized to sign checks 309 shall each file a surety bond in the sum of at least $1,000 for 310 each $1 million, or portion of such amount, of the district’s 311 annual budget, which shall be conditioned upon the faithful 312 discharge of the duties of his or her office. The premium on 313 such bond may be paid by the district as part of the expenses of 314 the council. Other members of the council are not required to 315 give bond or other security. 316 2. Funds of the district may not be expended except by 317 check, except for expenditures of up to $100, which may be made 318 from a petty cash account. All expenditures from petty cash must 319 be recorded on the books and records of the council. District 320 funds, except expenditures from petty cash, may not be expended 321 without prior approval of the council, in addition to the 322 budgeting of such funds. 323 (e) Within 10 business days after the expiration of each 324 annual quarter, the council shall prepare and file with the 325 county governing body a financial report that includes: 326 1. The council’s total expenditures for the quarter. 327 2. The council’s total receipts during the quarter. 328 3. A statement of the funds the council has on hand, has 329 invested, or has deposited at the end of the quarter. 330 4. The council’s total administrative costs for the 331 quarter. 332 (f) The council may not require any service provider to 333 provide additional matching funds as a condition of providing 334 district services or programs to schools and students. 335 (g) All financial records and accounts relating to the 336 district shall be available for audit by state auditors as they 337 are assigned from time to time to audit the affairs of the 338 county. If no annual audit of the district is conducted by the 339 state, the council shall cause an independent audit of the 340 district to be conducted. 341 (h) It is the intent of the Legislature that the funds 342 collected pursuant to this section be used to support 343 improvements in services for county schools and students and 344 that such funds not be used as a substitute for existing 345 resources or for resources that would otherwise be available for 346 such services. 347 Section 3. This act shall take effect July 1, 2013.