Bill Text: FL S1162 | 2010 | Regular Session | Introduced
Bill Title: Children's Trust Act of Collier County
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Rules, companion bill(s) passed, see CS/CS/HB 511 (Ch. 2010-242) [S1162 Detail]
Download: Florida-2010-S1162-Introduced.html
Florida Senate - 2010 (NP) SB 1162 By Senator Richter 37-01042-10 20101162__ 1 A bill to be entitled 2 An act relating to Collier County; providing a short 3 title; creating an independent special district to 4 provide children’s services in the county; providing 5 for a governing board; providing for membership, 6 terms, and powers and duties of the board; authorizing 7 reimbursement for per diem and travel expenses; 8 requiring certain reports and audits; specifying a 9 fiscal year; providing financial requirements and 10 budget procedures; authorizing the levy of ad valorem 11 assessments and providing a millage cap; requiring a 12 surety bond of certain persons; providing requirements 13 for amendment or dissolution of the district; 14 providing for referendums; providing an effective 15 date. 16 17 WHEREAS, credible studies have shown that there is an unmet 18 funding gap for services necessary to address the needs of 19 children in Collier County, and 20 WHEREAS, section 125.901, Florida Statutes, authorizes the 21 creation of an independent special district to provide 22 children’s services throughout each county and permits an 23 individual county to establish such a district by special act, 24 and 25 WHEREAS, the Legislature has determined that it would serve 26 the public interest of Collier County to provide for the 27 establishment by special act of an independent special district 28 within Collier County that has a governing board membership that 29 differs from that provided for in section 125.901, Florida 30 Statutes, as a way of better serving the needs of all children 31 in Collier County, NOW, THEREFORE, 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. This act may be cited as the “Children’s Trust 36 Act of Collier County.” 37 Section 2. Subject to approval as provided in section 8, 38 there is created an independent special district to provide 39 children’s services throughout Collier County. The boundaries of 40 the district shall be coterminous with the boundaries of the 41 county. The governing body of the district shall be a board of 42 trustees to be known as the “Children’s Trust of Collier 43 County.” Nothing in this act prevents the county from creating a 44 children’s services council pursuant to section 125.901, Florida 45 Statutes. 46 Section 3. (1) The trust shall be composed of 15 trustees, 47 as follows: 48 (a) Category 1: 49 1. The superintendent of schools of the Collier County 50 School District or his or her designated senior officer. 51 2. The Sheriff of Collier County or his or her designated 52 senior officer. 53 3. A member of the District School Board of Collier County, 54 chosen annually by a majority of its members. 55 4. A member of the Board of County Commissioners of Collier 56 County, chosen annually by a majority of the commissioners. 57 5. A judge assigned to preside over juvenile cases in 58 Collier County, who shall sit as a voting member of the trust, 59 except that he or she shall not vote or participate in the 60 setting of ad valorem assessments. The chief judge of the 20th 61 judicial circuit shall annually designate the judge to serve on 62 the board. 63 (b) Category 2: 64 1. An executive or board member of the United Way, the 65 Community Foundation, or a similar community organization. 66 2. An executive or board member from a Collier County 67 health or medical services organization that, in whole or in 68 part, serves the needs of children. 69 3. A student attending an educational institution who is 70 between the ages of 18 and 22 at the time of appointment and is 71 and remains a legal resident of the county. 72 (c) Category 3: Two members of the Collier County community 73 who have served in paid or volunteer positions in organizations 74 devoted to providing children’s services for at least 3 of the 7 75 years preceding appointment and whose backgrounds will help 76 achieve the diversity and experience described in paragraph (d). 77 (d) Category 4: Five trustees initially appointed by a 78 majority of the board of county commissioners. Each trustee must 79 be a legal resident of a different county commission district so 80 that each district has a representative. Successor appointees, 81 including the reappointment of any initial trustee in this 82 category, shall be selected by the county commissioners from a 83 list of three nominees for each position recommended to the 84 board by the trustees. The trustees, in making recommendations 85 to the county commissioners, and the commissioners, in 86 appointing each of the five trustees, shall consider the 87 backgrounds, qualifications, experience, and demographic 88 diversity of the trustees serving in each category so as to 89 result in a board of trustees with members of varied ethnicity, 90 gender, and age, as well as members with managerial, financial, 91 accounting, legal, health care, and social services experience. 92 (2) The five appointees in categories 2 and 3 shall be 93 selected by a majority of the other 10 trustees. 94 (3) All trustees in categories 2, 3, and 4 must have been 95 legal residents of the county for the 2 calendar years preceding 96 appointment and must remain legal residents while serving as 97 trustees. The trustees in category 1 need not have been legal 98 residents of the county for the 2 calendar years preceding 99 appointment, except for senior officers designated by the 100 sheriff and the superintendent of schools. Each trustee must 101 continue to retain the position that qualified him or her for 102 appointment as a trustee in the applicable category. Should a 103 trustee fail to retain such position, he or she shall no longer 104 be eligible to serve, and his or her term shall end at such 105 time. 106 (4) The initial 10 trustees in categories 2, 3, and 4 shall 107 be divided into three groups, two of which shall contain three 108 members each and one of which shall contain four members. The 109 student representative shall serve a 2-year term and initially 110 be included in the 2-year term group. After initial appointment, 111 these groups shall be designated by the chair of the board of 112 trustees in a blind name drawing so as to create the three 113 groups with initial terms of 1, 2, and 3 years, respectively, to 114 create staggered terms. The four-member group shall serve 115 initial 3-year terms. Except as otherwise provided, each trustee 116 shall serve a 3-year term. A trustee may serve two consecutive 117 full 3-year terms in addition to any preceding shorter term with 118 a duration of less than 2 years but may not thereafter serve 119 without a 2-year hiatus. 120 (5) A trustee may be removed by a vote of the majority of 121 the board of county commissioners plus one after a 122 recommendation by a two-thirds vote of the membership of the 123 trust. A trustee may be removed for cause by a majority vote of 124 the board of county commissioners after a recommendation by a 125 majority vote of the trustees. If any of the trustees dies, 126 resigns, is removed from office, or no longer retains the 127 position or residential status that qualified the trustee for 128 appointment, the vacancy created shall, as soon as practicable, 129 be filled by appointment using the same method as the original 130 or subsequent appointment procedure, as the case may be, and 131 such appointment to fill a vacancy shall be for the unexpired 132 term of the person who resigns, dies, is removed from office, or 133 is no longer eligible for office. 134 (6) The availability of appointments for the initial 135 positions on the board of trustees, in all categories other than 136 category 1, as well as all subsequent vacancies after initial 137 terms, shall be publicly advertised, including the applicable 138 criteria for each available position, so as to encourage 139 qualified persons to apply for appointment prior to the making 140 of recommendations or appointments by the trustees. 141 Recommendations and appointments need not be made from among 142 applicants who respond to the advertising, but the trustees 143 shall consider any such applicants prior to making any 144 recommendations or appointments. 145 Section 4. (1) The trust shall have the following powers 146 and duties: 147 (a) To provide for such early childhood, interventional, 148 preventive, developmental, treatment, and rehabilitative 149 services for children as the trustees determine are needed for 150 the general welfare of the county; and provide for such other 151 services for children as the trustees determine are needed for 152 the general welfare of the county. 153 (b) To allocate and provide funds to other agencies in the 154 county that are operated for the benefit of children, provided 155 such agencies are not under the exclusive jurisdiction of the 156 public school system. 157 (c) To collect information and statistical data that will 158 be helpful to the trustees in determining the needs of children 159 in the county. 160 (d) To consult with other agencies dedicated to the welfare 161 of children to prevent overlapping of services. 162 (e) To buy or lease such real estate, equipment, and 163 personal property and construct such buildings as are needed to 164 execute the foregoing powers and duties, provided that no such 165 purchases shall be made or building done except for cash with 166 funds on hand or secured by funds deposited in financial 167 institutions. Nothing in this act shall be construed to 168 authorize issuance of bonds of any nature. 169 (f) To employ and pay, on a part-time or full-time basis, 170 personnel needed to execute the powers and duties of the trust. 171 (g) To borrow money for initial administrative and 172 organizational expenses and issue evidence of indebtedness in 173 anticipation of the initial tax revenues so long as the amount 174 is not greater than 20 percent of the anticipated revenues for 175 the initial year. 176 (h) To apply for, obtain, and receive funding grants that 177 are consistent with the purpose of the trust. 178 (i) Except as may be specifically limited or changed by 179 this act, to have all powers, duties, responsibilities, and 180 obligations as provided for special districts in sections 181 125.901 and 125.902, Florida Statutes. 182 (2) Promptly after the initial trustees are appointed by 183 the board of county commissioners and the individuals who will 184 actually serve in the category 1 positions are identified, those 185 trustees shall select and appoint the remaining trustees from 186 categories 2 and 3. 187 (3) Promptly after all the trustees are initially 188 appointed, the trustees of the trust shall elect a chair and 189 vice chair or chair elect from among its members and other 190 elected officers as deemed necessary by the trust. 191 (4) Promptly after the trustees are initially appointed or 192 designated, they shall be divided into three groups with 193 staggered terms as provided in section 3. 194 (5) The trustees of the trust shall: 195 (a) As soon as practicable, but not later than 1 year after 196 the trustees are first appointed and officers are elected, 197 identify and assess the needs of the children in the county 198 served by the trustees and submit to the board of county 199 commissioners a written description of: 200 1. The activities, services, and opportunities that will be 201 provided to children and the anticipated schedule for providing 202 those activities, services, and opportunities. 203 2. The manner in which children will be served, including a 204 description of arrangements and agreements that are proposed to 205 be made with community organizations, state and local 206 educational agencies, federal agencies, public assistance 207 agencies, the juvenile courts, foster care agencies, and other 208 applicable public and private agencies. 209 3. The special outreach efforts that will be undertaken to 210 provide services to at-risk, abused, or neglected children. 211 4. The manner in which the trustees will seek and provide 212 funding for unmet needs, including the use of available funding 213 grants. 214 5. The strategy that will be used for interagency 215 coordination to maximize existing human and fiscal resources. 216 (b) Provide training and orientation to all trustees 217 sufficient to allow them to perform their duties. 218 (c) Make and adopt bylaws and rules for the trust’s 219 guidance, operation, governance, and maintenance, provided such 220 rules are not inconsistent with federal or state laws or county 221 ordinances. 222 (d) Provide an annual written report to be presented no 223 later than 90 days after the end of each fiscal year to the 224 board of county commissioners. The report shall contain, but not 225 be limited to, the following: 226 1. Information on the effectiveness of activities, 227 services, and programs offered by the trust, including cost 228 effectiveness. 229 2. A detailed anticipated budget for continuation of 230 activities, services, and programs offered by the trust and a 231 list of all sources of requested funding, both public and 232 private. 233 3. Procedures used for early identification of at-risk 234 children who need additional or continued services and methods 235 for ensuring that the additional or continued services are 236 delivered and received. 237 4. A description of the degree to which the trust’s 238 objectives and activities are consistent with the goals of this 239 section. 240 5. Detailed information on the various programs, services, 241 and activities available to participants and the degree to which 242 the programs, services, and activities have been successfully 243 used by children. 244 6. Information on programs, services, and activities that 245 should be eliminated, continued, and added to the basic format 246 of the trust. 247 7. A financial statement. 248 (6) The trustees shall maintain minutes of each meeting, 249 including a record of all votes cast, and shall make such 250 minutes available to any interested person. 251 (7) Trustees shall serve without compensation but shall be 252 entitled to receive reimbursement for per diem and travel 253 expenses consistent with section 112.061, Florida Statutes. 254 (8) All financial statements of the district shall be 255 audited annually by independent auditors based on generally 256 accepted governmental accounting principles. The financial 257 records shall also be available for audit by state auditors. 258 (9) Within 30 days after the end of each fiscal quarter, 259 the trust shall cause to be prepared and filed with the board a 260 financial report that shall include the following: 261 (a) The total expenditures of the trust for the most recent 262 fiscal quarter. 263 (b) The total receipts of the trust during the most recent 264 fiscal quarter. 265 (c) A statement of the funds that the trust has on hand, 266 has invested, or has deposited with qualified public 267 depositories at the end of the most recent fiscal quarter. 268 (d) The total administrative costs of the trust for the 269 most recent fiscal quarter. 270 (10) The trustees of the trust shall comply with all fiscal 271 and other requirements in section 125.901, Florida Statutes. 272 Section 5. Fiscal year; budget.— 273 (1) The fiscal year of the district or trust shall be the 274 same as that of Collier County. 275 (2) Before the end of each fiscal year, the trust shall 276 prepare and adopt a tentative annual written budget for the 277 ensuing fiscal year that includes its expected income and 278 expenditures and provision for a contingency fund. The tentative 279 annual written budget shall be delivered to the board within 90 280 days before the end of each fiscal year. Included in each 281 tentative annual written budget shall be an estimate of the 282 millage rate necessary to be applied to raise the funds budgeted 283 for expenditures, which millage rate shall not exceed a maximum 284 of 50 cents for each $1,000 of assessed valuation of all 285 properties within the county that are subject to county taxes. 286 The adopted budget and final millage rate shall be certified and 287 delivered to the board within 15 days after the trust’s adoption 288 of the final budget and millage rate pursuant to chapter 200, 289 Florida Statutes. 290 (3) Neither the final nor any preliminary or tentative 291 budget of the trust shall be subject to change or modification 292 by the board of county commissioners or any other authority. 293 Section 6. Levying of ad valorem assessments; use and 294 control of funds.—In order to provide funds for the trust, the 295 trust may levy ad valorem taxes annually on all taxable property 296 in Collier County in an amount no greater than the millage rate 297 limit approved by the electorate in the countywide referendum 298 pursuant to section 8, not to exceed one-half mill. The trust 299 shall compute a proposed millage rate within the voter-approved 300 limit necessary to fund the tentative budget and, prior to 301 adopting a final budget, comply with the provisions of section 302 200.065, Florida Statutes, relating to the method of fixing 303 millage, and shall fix the final millage rate by resolution of 304 the trustees. All assessments collected under this act, as soon 305 as is reasonably practicable after the collection thereof, shall 306 be paid directly to the trust by the tax collector and all other 307 applicable county officials. The moneys so received by the trust 308 shall be deposited in one or more investment accounts maintained 309 by the trust. The trust’s funds may be temporarily invested in 310 such manner as public funds are generally approved for 311 investment in the state. Except as otherwise provided, all 312 disbursements shall require the signature of two persons, at 313 least one of whom must be a trustee. The chair or any other 314 trustee or employee who signs checks on behalf of the trust 315 shall secure a surety bond in the amount of at least $1,000 for 316 each $1 million of funds assessed annually. The actual amount 317 shall be determined by a majority of the trustees based on 318 professional advice, which bond shall be conditioned that each 319 trustee shall faithfully discharge the duties of his or her 320 office. No other trustee or employee shall be required to secure 321 bonds or other security. The trust shall pay the cost and 322 premiums for such bonds. No funds of the trust shall be expended 323 except by check, except expenditures of a petty cash account 324 that shall not at any time exceed $500. No funds of the trust 325 may be expended unless they are in accord with its approved 326 budget, but nothing shall prevent the trustees from periodically 327 approving revisions to particular budget line items. Except for 328 the expenditure of petty cash or issuance of checks made payable 329 for sums no greater than $5,000, no funds of the trust shall be 330 expended without prior written approval of the trustees. 331 However, budgeted expenditures of $5,000 or less may be made by 332 the chief executive officer of the trust without the prior 333 written approval of the trustees but shall be reported to the 334 trustees by written report during the month in which any such 335 expenditures are made. For purposes of this section, electronic 336 wire transfers shall be deemed to be checks if written 337 authorization for each wire transfer is obtained in the same 338 manner as checks are approved. 339 Section 7. Amendment and dissolution.—A district or trust 340 that is created by this act may be amended only by special act 341 of the Legislature. It may be dissolved by the electorate of 342 Collier County in a referendum appearing on the ballot in a 343 primary, general, or special election or by virtue of the sunset 344 provisions of section 8. 345 Section 8. Referendum.—As a condition to the creation and 346 establishment of the district or trust, it must be approved by a 347 majority vote of the electorate of Collier County voting in a 348 referendum appearing on the ballot in a primary, general, or 349 special election. The decision to place the item on the ballot 350 for a referendum shall be made by the board of county 351 commissioners in the manner provided in section 125.901, Florida 352 Statutes. The referendum shall include provisions for the 353 district or trust to cease to exist, or for the authorization to 354 levy ad valorem assessments to cease at the end of a stated 355 sunset period of not more than 7 years and not less than 5 356 years, the actual number of years to be established in the 357 referendum approved by the board. If the initial referendum is 358 approved by the electorate, the district or trust may be 359 continued at the end of the sunset period by an affirmative vote 360 of the electorate in a subsequent referendum. 361 Section 9. This act shall take effect only upon its 362 approval by a majority vote of those qualified electors of 363 Collier County voting in a referendum to be held by the Board of 364 County Commissioners of Collier County in conjunction with the 365 next primary, general, or special election in Collier County, 366 except that this section shall take effect upon this act 367 becoming a law.
