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.