| 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 the |
| 5 | county to approve the purchase of real estate or the |
| 6 | construction of a building by a council on children's |
| 7 | services; requiring a council on children's services to |
| 8 | submit a tentative budget and proposed millage rate to the |
| 9 | governing body of the county; requiring the governing body |
| 10 | of the county to take public testimony on the council's |
| 11 | tentative budget and proposed millage rate; providing for |
| 12 | the governing body of the county to approve the budget |
| 13 | before final adoption by a council on children's services; |
| 14 | specifying that millage levied and fixed by a council on |
| 15 | children's services does not count against the millage |
| 16 | limit applicable to the county under the State |
| 17 | Constitution; limiting the authority of the governing body |
| 18 | of the county over funds related to the council on |
| 19 | children's services; requiring the governing body of the |
| 20 | county to take public testimony on the effectiveness of a |
| 21 | council on children's services; requiring the electors of |
| 22 | a county to periodically vote on whether to retain or |
| 23 | dissolve a council on children's services; requiring a |
| 24 | council on children's services to give priority in the use |
| 25 | of funds to the provision of children's services rather |
| 26 | than to the purchase of real estate or the construction of |
| 27 | buildings; expressing legislative intent on application of |
| 28 | the act; providing an effective date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Section 125.901, Florida Statutes, is amended |
| 33 | to read: |
| 34 | 125.901 Children's services; independent special district; |
| 35 | council; powers, duties, and functions; public records |
| 36 | exemption.- |
| 37 | (1) Each county may by ordinance create an independent |
| 38 | special district, as defined in ss. 189.403(3) and |
| 39 | 200.001(8)(e), to provide funding for children's services |
| 40 | throughout the county in accordance with this section. The |
| 41 | boundaries of such district shall be coterminous with the |
| 42 | boundaries of the county. The county governing body must shall |
| 43 | obtain approval, by a majority vote of those electors voting on |
| 44 | the question, to annually levy ad valorem taxes that may which |
| 45 | shall not exceed the maximum millage rate authorized by this |
| 46 | section. Any district created pursuant to the provisions of this |
| 47 | subsection shall be required to levy and fix millage subject to |
| 48 | the provisions of s. 200.065. Once such millage is approved by |
| 49 | the electorate, the district may shall not be required to seek |
| 50 | approval of the electorate in future years to levy the |
| 51 | previously approved millage. |
| 52 | (a) The governing board of the district shall be a council |
| 53 | on children's services, which may also be known as a juvenile |
| 54 | welfare board or similar name as established in the ordinance by |
| 55 | the county governing body. Such council shall consist of 11 10 |
| 56 | members, including: the superintendent of schools; a local |
| 57 | school board member; the district administrator from the |
| 58 | appropriate district of the Department of Children and Family |
| 59 | Services, or his or her designee who is a member of the Senior |
| 60 | Management Service or of the Selected Exempt Service; two |
| 61 | members one member of the county governing body; and the judge |
| 62 | assigned to juvenile cases, who shall sit as a voting member of |
| 63 | the board, except that the said judge may shall not vote or |
| 64 | participate in the setting of ad valorem taxes under this |
| 65 | section. If there is more than one judge is assigned to juvenile |
| 66 | cases in a county, the chief judge shall designate one of the |
| 67 | said juvenile judges to serve on the board. The remaining five |
| 68 | members shall be appointed by the Governor, and shall, to the |
| 69 | extent possible, represent the demographic diversity of the |
| 70 | population of the county. After soliciting recommendations from |
| 71 | the public, the county governing body shall submit to the |
| 72 | Governor the names of at least three persons for each vacancy |
| 73 | occurring among the five members appointed by the Governor, and |
| 74 | the Governor shall appoint members to the council from the |
| 75 | candidates nominated by the county governing body. The Governor |
| 76 | shall make a selection within a 45-day period or request a new |
| 77 | list of candidates. All members appointed by the Governor must |
| 78 | shall have been residents of the county for the previous 24- |
| 79 | month period. Such members shall be appointed for 4-year terms, |
| 80 | except that the length of the terms of the initial appointees |
| 81 | shall be adjusted to stagger the terms. The Governor may remove |
| 82 | a member for cause or upon the written petition of the county |
| 83 | governing body. If any of the members of the council required to |
| 84 | be appointed by the Governor under the provisions of this |
| 85 | subsection shall resign, die, or are be removed from office, the |
| 86 | vacancy thereby created shall, as soon as practicable, be filled |
| 87 | by appointment by the Governor, using the same method as the |
| 88 | original appointment, and such appointment to fill a vacancy |
| 89 | shall be for the unexpired term of the person who resigns, dies, |
| 90 | or is removed from office. |
| 91 | (b) However, any county as defined in s. 125.011(1) may |
| 92 | instead have a governing board consisting of 33 members, |
| 93 | including: the superintendent of schools; two representatives of |
| 94 | public postsecondary education institutions located in the |
| 95 | county; the county manager or the equivalent county officer; the |
| 96 | district administrator from the appropriate district of the |
| 97 | Department of Children and Family Services, or the |
| 98 | administrator's designee who is a member of the Senior |
| 99 | Management Service or the Selected Exempt Service; the director |
| 100 | of the county health department or the director's designee; the |
| 101 | state attorney for the county or the state attorney's designee; |
| 102 | the chief judge assigned to juvenile cases, or another juvenile |
| 103 | judge who is the chief judge's designee and who shall sit as a |
| 104 | voting member of the board, except that the judge may not vote |
| 105 | or participate in setting ad valorem taxes under this section; |
| 106 | an individual who is selected by the board of the local United |
| 107 | Way or its equivalent; a member of a locally recognized faith- |
| 108 | based coalition, selected by that coalition; a member of the |
| 109 | local chamber of commerce, selected by that chamber or, if more |
| 110 | than one chamber exists within the county, a person selected by |
| 111 | a coalition of the local chambers; a member of the early |
| 112 | learning coalition, selected by that coalition; a representative |
| 113 | of a labor organization or union active in the county; a member |
| 114 | of a local alliance or coalition engaged in cross-system |
| 115 | planning for health and social service delivery in the county, |
| 116 | selected by that alliance or coalition; a member of the local |
| 117 | Parent-Teachers Association/Parent-Teacher-Student Association, |
| 118 | selected by that association; a youth representative selected by |
| 119 | the local school system's student government; a local school |
| 120 | board member appointed by the chair of the school board; the |
| 121 | mayor of the county or the mayor's designee; one member of the |
| 122 | county governing body, appointed by the chair of that body; a |
| 123 | member of the state Legislature who represents residents of the |
| 124 | county, selected by the chair of the local legislative |
| 125 | delegation; an elected official representing the residents of a |
| 126 | municipality in the county, selected by the county municipal |
| 127 | league; and four 4 members-at-large, appointed to the council by |
| 128 | the majority of sitting council members. The remaining seven 7 |
| 129 | members shall be appointed by the Governor pursuant to in |
| 130 | accordance with procedures set forth in paragraph (a), except |
| 131 | that the Governor may remove a member for cause or upon the |
| 132 | written petition of the council. Appointments by the Governor |
| 133 | must, to the extent reasonably possible, represent the |
| 134 | geographic and demographic diversity of the population of the |
| 135 | county. Members who are appointed to the council by reason of |
| 136 | their position are not subject to the length of terms and limits |
| 137 | on consecutive terms as provided in this section. The remaining |
| 138 | appointed members of the governing board shall be appointed to |
| 139 | serve 2-year terms, except that those members appointed by the |
| 140 | Governor shall be appointed to serve 4-year terms, and the youth |
| 141 | representative and the legislative delegate shall be appointed |
| 142 | to serve 1-year terms. A member may be reappointed.; However, a |
| 143 | member may not serve for more than three consecutive terms. A |
| 144 | member is eligible to be appointed again after a 2-year hiatus |
| 145 | from the council. |
| 146 | (c) This subsection does not prohibit a county from |
| 147 | exercising such power as is provided by general or special law |
| 148 | to provide children's services or to create a special district |
| 149 | to provide such services. |
| 150 | (2)(a) Each council on children's services shall have all |
| 151 | of the following powers and functions: |
| 152 | 1. To provide and maintain in the county such preventive, |
| 153 | developmental, treatment, and rehabilitative services for |
| 154 | children as the council determines are needed for the general |
| 155 | welfare of the county. |
| 156 | 2. To provide such other services for all children as the |
| 157 | council determines are needed for the general welfare of the |
| 158 | county. |
| 159 | 3. To allocate and provide funds for other agencies in the |
| 160 | county which are operated for the benefit of children, if those |
| 161 | funds provided they are not under the exclusive jurisdiction of |
| 162 | the public school system. |
| 163 | 4. To collect information and statistical data and to |
| 164 | conduct research that which will be helpful to the council and |
| 165 | the county in deciding the needs of children in the county. |
| 166 | 5. To consult and coordinate with other agencies dedicated |
| 167 | to the welfare of children to the end that the overlapping of |
| 168 | services will be prevented. |
| 169 | 6. To lease or buy such real estate, equipment, and |
| 170 | personal property and to construct such buildings as are needed |
| 171 | to execute the foregoing powers and functions, except provided |
| 172 | that no such purchases may not shall be made or building done |
| 173 | unless paid for with cash on hand or secured by funds deposited |
| 174 | in financial institutions. The governing body of the county must |
| 175 | approve by resolution the purchase of real estate or the |
| 176 | construction of a building by the council. Nothing in This |
| 177 | subparagraph does not shall be construed to authorize a district |
| 178 | to issue bonds of any nature, and nor shall a district may not |
| 179 | have the power to require the imposition of any bond by the |
| 180 | governing body of the county. |
| 181 | 7. To employ, pay, and provide benefits for any part-time |
| 182 | or full-time personnel needed to execute the foregoing powers |
| 183 | and functions. |
| 184 | (b) Each council on children's services shall: |
| 185 | 1. Immediately after the members are appointed, elect a |
| 186 | chair and a vice chair from among its members, and elect other |
| 187 | officers as deemed necessary by the council. |
| 188 | 2. Immediately after the members are appointed and |
| 189 | officers are elected, identify and assess the needs of the |
| 190 | children in the county served by the council and submit to the |
| 191 | governing body of each county a written description of: |
| 192 | a. The activities, services, and opportunities that will |
| 193 | be provided to children. |
| 194 | b. The anticipated schedule for providing those |
| 195 | activities, services, and opportunities. |
| 196 | c. The manner in which children will be served, including |
| 197 | a description of arrangements and agreements that which will be |
| 198 | made with community organizations, state and local educational |
| 199 | agencies, federal agencies, public assistance agencies, the |
| 200 | juvenile courts, foster care agencies, and other applicable |
| 201 | public and private agencies and organizations. |
| 202 | d. The special outreach efforts that will be undertaken to |
| 203 | provide services to at-risk, abused, or neglected children. |
| 204 | e. The manner in which the council will seek and provide |
| 205 | funding for unmet needs. |
| 206 | f. The strategy that which will be used for interagency |
| 207 | coordination to maximize existing human and fiscal resources. |
| 208 | 3. Provide training and orientation to all new members |
| 209 | sufficient to allow them to perform their duties. |
| 210 | 4. Make and adopt bylaws and rules and regulations for the |
| 211 | council's guidance, operation, governance, and maintenance |
| 212 | which, provided such rules and regulations are not inconsistent |
| 213 | with federal or state laws or county ordinances. |
| 214 | 5. Provide an annual written report, to be presented no |
| 215 | later than January 1, to the governing body of the county. The |
| 216 | annual report shall contain, but need not be limited to, the |
| 217 | following information: |
| 218 | a. Information on the effectiveness of activities, |
| 219 | services, and programs offered by the council, including cost- |
| 220 | effectiveness. |
| 221 | b. A detailed anticipated budget for continuation of |
| 222 | activities, services, and programs offered by the council, and a |
| 223 | list of all sources of requested funding, both public and |
| 224 | private. |
| 225 | c. Procedures used for early identification of at-risk |
| 226 | children who need additional or continued services and methods |
| 227 | for ensuring that the additional or continued services are |
| 228 | received. |
| 229 | d. A description of the degree to which the council's |
| 230 | objectives and activities are consistent with the goals of this |
| 231 | section. |
| 232 | e. Detailed information on the various programs, services, |
| 233 | and activities available to participants and the degree to which |
| 234 | the programs, services, and activities have been successfully |
| 235 | used by children. |
| 236 | f. Information on programs, services, and activities that |
| 237 | should be eliminated; programs, services, and activities that |
| 238 | should be continued; and programs, services, and activities that |
| 239 | should be added to the basic format of the children's services |
| 240 | council. |
| 241 | (c) The council shall maintain minutes of each meeting, |
| 242 | including a record of all votes cast, and shall make such |
| 243 | minutes available to any interested person. |
| 244 | (d) Members of the council shall serve without |
| 245 | compensation, but are shall be entitled to receive reimbursement |
| 246 | for per diem and travel expenses consistent with the provisions |
| 247 | of s. 112.061. |
| 248 | (3)(a) The fiscal year of the district shall be the same |
| 249 | as that of the county. |
| 250 | (b)1. On or before June 15 July 1 of each year, the |
| 251 | council on children's services shall prepare and submit to the |
| 252 | governing body of the county a tentative annual written budget |
| 253 | of the district's expected income and expenditures, including a |
| 254 | contingency fund. The council shall, in addition, compute and |
| 255 | submit to the governing body of the county a proposed millage |
| 256 | rate within the voter-approved cap necessary to fund the |
| 257 | tentative budget and, prior to adopting a final budget, comply |
| 258 | with the provisions of s. 200.065, relating to the method of |
| 259 | fixing millage, and shall fix the final millage rate by |
| 260 | resolution of the council. The council shall include with the |
| 261 | submissions the council's rationale for the budget and millage |
| 262 | rate, as well as a detailed explanation for any significant |
| 263 | changes in the proposed use of funds from the prior year's |
| 264 | approved budget. |
| 265 | 2.a. Within 20 days after receiving the tentative budget |
| 266 | and proposed millage rate from the council, the governing body |
| 267 | of the county shall hold a public hearing and receive public |
| 268 | testimony on the tentative budget and proposed millage rate. The |
| 269 | governing body of the county shall by resolution approve the |
| 270 | budget or reject it and direct the council to submit a revised |
| 271 | tentative budget within 10 days for approval or rejection by the |
| 272 | governing body. The council may not adopt a final budget until |
| 273 | the budget has been approved by the governing body. |
| 274 | b. The authority under this subparagraph for the governing |
| 275 | body of the county to approve the budget of the council does |
| 276 | not: |
| 277 | (I) Cause the millage levied and fixed by the council to |
| 278 | count toward the maximum millage authorized for all county |
| 279 | purposes under s. 9, Art. VII of the State Constitution; |
| 280 | (II) Authorize the governing body of the county to require |
| 281 | the council to expend funds generated from the levy of ad |
| 282 | valorem taxes under this section for purposes other than |
| 283 | children's services; or |
| 284 | (III) Authorize the governing body of the county to expend |
| 285 | funds generated from the levy of ad valorem taxes under this |
| 286 | section. |
| 287 | 3. Before adopting a final budget, the council must comply |
| 288 | with the provisions of s. 200.065, relating to the method of |
| 289 | fixing millage, and shall fix the final millage rate by |
| 290 | resolution of the council. |
| 291 | 4. The adopted budget and final millage rate shall be |
| 292 | certified and delivered to the governing body of the county as |
| 293 | soon as possible following the council's adoption of the final |
| 294 | budget and millage rate pursuant to chapter 200. Included in |
| 295 | each certified budget shall be the millage rate, adopted by |
| 296 | resolution of the council, necessary to be applied to raise the |
| 297 | funds budgeted for district operations and expenditures. In no |
| 298 | circumstances, however, shall any district levy millage to |
| 299 | exceed a maximum of 0.5 mills of assessed valuation of all |
| 300 | properties within the county which are subject to ad valorem |
| 301 | county taxes. |
| 302 | (c) The adopted budget of the district so certified and |
| 303 | delivered to the governing body of the county under paragraph |
| 304 | (b) is shall not be subject to change or modification by the |
| 305 | governing body of the county or any other authority. |
| 306 | (d) All tax money collected under this section, as soon |
| 307 | after the collection thereof as is reasonably practicable, shall |
| 308 | be paid directly to the council on children's services by the |
| 309 | tax collector of the county, or the clerk of the circuit court |
| 310 | if the clerk collects delinquent taxes. |
| 311 | (e)1. All moneys received by the council on children's |
| 312 | services shall be deposited in qualified public depositories, as |
| 313 | defined in s. 280.02, with separate and distinguishable accounts |
| 314 | established specifically for the council and shall be withdrawn |
| 315 | only by checks signed by the chair of the council and |
| 316 | countersigned by either one other member of the council on |
| 317 | children's services or by a chief executive officer who shall be |
| 318 | so authorized by the council. |
| 319 | 2. Upon entering the duties of office, the chair and the |
| 320 | other member of the council or chief executive officer who signs |
| 321 | its checks shall each give a surety bond in the sum of at least |
| 322 | $1,000 for each $1 million or portion thereof of the council's |
| 323 | annual budget, which bond shall be conditioned that each shall |
| 324 | faithfully discharge the duties of his or her office. The |
| 325 | premium on such bond may be paid by the district as part of the |
| 326 | expense of the council. No other member of the council shall be |
| 327 | required to give bond or other security. |
| 328 | 3. No Funds of the district may not shall be expended |
| 329 | except by check as aforesaid, except for expenditures from a |
| 330 | petty cash account, which may shall not at any time exceed $100. |
| 331 | All expenditures from petty cash shall be recorded on the books |
| 332 | and records of the council on children's services. No Funds of |
| 333 | the council on children's services, except excepting |
| 334 | expenditures from petty cash, may not shall be expended without |
| 335 | prior approval of the council, in addition to the budgeting |
| 336 | thereof. |
| 337 | (f) Within 10 days, exclusive of weekends and legal |
| 338 | holidays, after the expiration of each quarter annual period, |
| 339 | the council on children's services shall cause to be prepared |
| 340 | and filed with the governing body of the county a financial |
| 341 | report that includes which shall include the following: |
| 342 | 1. The total expenditures of the council for the quarter |
| 343 | annual period. |
| 344 | 2. The total receipts of the council during the quarter |
| 345 | annual period. |
| 346 | 3. A statement of the funds the council has on hand, has |
| 347 | invested, or has deposited with qualified public depositories at |
| 348 | the end of the quarter annual period. |
| 349 | 4. The total administrative costs of the council for the |
| 350 | quarter annual period. |
| 351 | (4)(a) Any district created pursuant to the provisions of |
| 352 | this section may be dissolved by a special act of the |
| 353 | Legislature, or the county governing body may by ordinance |
| 354 | dissolve the district subject to the approval of the electorate. |
| 355 | (b) Notwithstanding paragraph (a), beginning in May 2016, |
| 356 | and in May every 8 years thereafter, the governing body of the |
| 357 | county shall hear public testimony relating to the effectiveness |
| 358 | of the council on children's services and shall submit the |
| 359 | question of retention or dissolution of the district to the |
| 360 | electors in the August primary election immediately following |
| 361 | the hearing. If the electorate votes to dissolve the district, |
| 362 | the district shall be dissolved. |
| 363 |
|
| 364 | If any district is dissolved pursuant to the provisions of this |
| 365 | subsection, each county must shall first obligate itself to |
| 366 | assume the debts, liabilities, contracts, and outstanding |
| 367 | obligations of the district within the total millage available |
| 368 | to the county governing body for all county and municipal |
| 369 | purposes as provided for under s. 9, Art. VII of the State |
| 370 | Constitution. Any district may also be dissolved pursuant to the |
| 371 | provisions of s. 189.4042. |
| 372 | (5) After or during the first year of operation of the |
| 373 | council on children's services, the governing body of the |
| 374 | county, at its option, may fund in whole or in part the budget |
| 375 | of the council on children's services from its own funds. |
| 376 | (6) Any district created pursuant to the provisions of |
| 377 | this section shall comply with all other statutory requirements |
| 378 | of general application which relate to the filing of any |
| 379 | financial reports or compliance reports required under part III |
| 380 | of chapter 218, or any other report or documentation required by |
| 381 | law, including the requirements of ss. 189.415, 189.417, and |
| 382 | 189.418. |
| 383 | (7)(a) Each county may by ordinance create a dependent |
| 384 | special district within the boundaries of the county for the |
| 385 | purpose of providing preventive, developmental, treatment, and |
| 386 | rehabilitative services for children. The district may is |
| 387 | authorized to seek grants from state, federal, and local |
| 388 | agencies and to accept donations from public and private sources |
| 389 | if, provided that the district complies with the provisions of |
| 390 | paragraphs (1)(a) and (2)(b), and provided that the district has |
| 391 | a budget that requires approval through an affirmative vote of |
| 392 | the governing body of the county or that may be vetoed by the |
| 393 | governing body of the county. |
| 394 | (b) If the provisions of a county charter relating to the |
| 395 | membership of the governing board of a dependent special |
| 396 | district conflict with paragraph (1)(a), a county may by |
| 397 | ordinance create a dependent special district within the |
| 398 | boundaries of the county for the purpose of providing |
| 399 | preventive, developmental, treatment, and rehabilitative |
| 400 | services for children, and the district may shall be authorized |
| 401 | to seek grants from state, federal, and local agencies and to |
| 402 | accept donations from public and private sources if, provided |
| 403 | that the district complies with the provisions of paragraph |
| 404 | (2)(b), and provided that the district has a budget that |
| 405 | requires approval through an affirmative vote of the governing |
| 406 | body of the county or that may be vetoed by the governing body |
| 407 | of the county. |
| 408 | (8) It is the intent of the Legislature that the funds |
| 409 | collected pursuant to the provisions of this section shall be |
| 410 | used to support improvements in children's services and that |
| 411 | such funds may shall not be used as a substitute for existing |
| 412 | resources or for resources that would otherwise be available for |
| 413 | children's services. The council on children's services shall |
| 414 | give priority in the use of funds under this section to the |
| 415 | provision of children's services rather than to the purchase of |
| 416 | real estate or the construction of buildings. |
| 417 | (9) Two or more councils on children's services may enter |
| 418 | into a cooperative agreement to share administrative costs, |
| 419 | including, but not limited to, staff and office space, if a more |
| 420 | efficient or effective operation will result. The cooperative |
| 421 | agreement shall include provisions on apportioning costs between |
| 422 | the councils, keeping separate and distinct financial records |
| 423 | for each council, and resolving any conflicts that might arise |
| 424 | under the cooperative agreement. |
| 425 | (10) Two or more councils on children's services may enter |
| 426 | into a cooperative agreement to seek grants, to accept |
| 427 | donations, or to jointly fund programs serving multicounty |
| 428 | areas. The cooperative agreement shall include provisions for |
| 429 | the adequate accounting of separate and joint funds. |
| 430 | (11) Personal identifying information of a child or the |
| 431 | parent or guardian of the child, held by a council on children's |
| 432 | services, juvenile welfare board, or other similar entity |
| 433 | created under this section or by special law, or held by a |
| 434 | service provider or researcher under contract with such entity, |
| 435 | is exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 436 | Constitution. This exemption applies to such information held |
| 437 | before, on, or after the effective date of this exemption. |
| 438 | Section 2. It is the intent of the Legislature that the |
| 439 | revisions made by this act to s. 125.901, Florida Statutes, |
| 440 | apply to any council on children's services in existence on the |
| 441 | effective date of this act and to any council created on or |
| 442 | after the effective date of this act. It is further the intent |
| 443 | of the Legislature that the revisions made by this act to the |
| 444 | process by which a council develops a budget for the special |
| 445 | district apply to the budget for the 2010-2011 fiscal year of |
| 446 | the district. |
| 447 | Section 3. This act shall take effect upon becoming a law. |