HB 511

1
A bill to be entitled
2An act relating to Collier County; providing a short
3title; creating an independent special district to provide
4children's services in the county; providing for a
5governing board; providing for membership, terms, and
6powers and duties of the board; authorizing reimbursement
7for per diem and travel expenses; requiring certain
8reports and audits; specifying a fiscal year; providing
9financial requirements and budget procedures; authorizing
10the levy of ad valorem assessments and providing a millage
11cap; requiring a surety bond of certain persons; providing
12requirements for amendment or dissolution of the district;
13providing for referendums; providing an effective date.
14
15     WHEREAS, credible studies have shown that there is an unmet
16funding gap for services necessary to address the needs of
17children in Collier County, and
18     WHEREAS, section 125.901, Florida Statutes, authorizes the
19creation of an independent special district to provide
20children's services throughout each county and permits an
21individual county to establish such a district by special act,
22and
23     WHEREAS, the Legislature has determined that it would serve
24the public interest of Collier County to provide for the
25establishment by special act of an independent special district
26within Collier County that has a governing board membership that
27differs from that provided for in section 125.901, Florida
28Statutes, as a way of better serving the needs of all children
29in Collier County, NOW, THEREFORE,
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  This act may be cited as the "Children's Trust
34Act of Collier County."
35     Section 2.  Subject to approval as provided in section 8,
36there is created an independent special district to provide
37children's services throughout Collier County. The boundaries of
38the district shall be coterminous with the boundaries of the
39county. The governing body of the district shall be a board of
40trustees to be known as the "Children's Trust of Collier
41County." Nothing in this act prevents the county from creating a
42children's services council pursuant to section 125.901, Florida
43Statutes.
44     Section 3.  (1)  The trust shall be composed of 15
45trustees, as follows:
46     (a)  Category 1:
47     1.  The superintendent of schools of the Collier County
48School District or his or her designated senior officer.
49     2.  The Sheriff of Collier County or his or her designated
50senior officer.
51     3.  A member of the District School Board of Collier
52County, chosen annually by a majority of its members.
53     4.  A member of the Board of County Commissioners of
54Collier County, chosen annually by a majority of the
55commissioners.
56     5.  A judge assigned to preside over juvenile cases in
57Collier County, who shall sit as a voting member of the trust,
58except that he or she shall not vote or participate in the
59setting of ad valorem assessments. The chief judge of the 20th
60judicial circuit shall annually designate the judge to serve on
61the board.
62     (b)  Category 2:
63     1.  An executive or board member of the United Way, the
64Community Foundation, or a similar community organization.
65     2.  An executive or board member from a Collier County
66health or medical services organization that, in whole or in
67part, serves the needs of children.
68     3.  A student attending an educational institution who is
69between the ages of 18 and 22 at the time of appointment and is
70and remains a legal resident of the county.
71     (c)  Category 3: Two members of the Collier County
72community who have served in paid or volunteer positions in
73organizations devoted to providing children's services for at
74least 3 of the 7 years preceding appointment and whose
75backgrounds will help achieve the diversity and experience
76described in paragraph (d).
77     (d)  Category 4: Five trustees initially appointed by a
78majority of the board of county commissioners. Each trustee must
79be a legal resident of a different county commission district so
80that each district has a representative. Successor appointees,
81including the reappointment of any initial trustee in this
82category, shall be selected by the county commissioners from a
83list of three nominees for each position recommended to the
84board by the trustees. The trustees, in making recommendations
85to the county commissioners, and the commissioners, in
86appointing each of the five trustees, shall consider the
87backgrounds, qualifications, experience, and demographic
88diversity of the trustees serving in each category so as to
89result in a board of trustees with members of varied ethnicity,
90gender, and age, as well as members with managerial, financial,
91accounting, legal, health care, and social services experience.
92     (2)  The five appointees in categories 2 and 3 shall be
93selected by a majority of the other 10 trustees.
94     (3)  All trustees in categories 2, 3, and 4 must have been
95legal residents of the county for the 2 calendar years preceding
96appointment and must remain legal residents while serving as
97trustees. The trustees in category 1 need not have been legal
98residents of the county for the 2 calendar years preceding
99appointment, except for senior officers designated by the
100sheriff and the superintendent of schools. Each trustee must
101continue to retain the position that qualified him or her for
102appointment as a trustee in the applicable category. Should a
103trustee fail to retain such position, he or she shall no longer
104be eligible to serve, and his or her term shall end at such
105time.
106     (4)  The initial 10 trustees in categories 2, 3, and 4
107shall be divided into three groups, two of which shall contain
108three members each and one of which shall contain four members.
109The student representative shall serve a 2-year term and
110initially be included in the 2-year term group. After initial
111appointment, these groups shall be designated by the chair of
112the board of trustees in a blind name drawing so as to create
113the three groups with initial terms of 1, 2, and 3 years,
114respectively, to create staggered terms. The four-member group
115shall serve initial 3-year terms. Except as otherwise provided,
116each trustee shall serve a 3-year term. A trustee may serve two
117consecutive full 3-year terms in addition to any preceding
118shorter term with a duration of less than 2 years but may not
119thereafter serve without a 2-year hiatus.
120     (5)  A trustee may be removed by a vote of the majority of
121the board of county commissioners plus one after a
122recommendation by a two-thirds vote of the membership of the
123trust. A trustee may be removed for cause by a majority vote of
124the board of county commissioners after a recommendation by a
125majority vote of the trustees. If any of the trustees dies,
126resigns, is removed from office, or no longer retains the
127position or residential status that qualified the trustee for
128appointment, the vacancy created shall, as soon as practicable,
129be filled by appointment using the same method as the original
130or subsequent appointment procedure, as the case may be, and
131such appointment to fill a vacancy shall be for the unexpired
132term of the person who resigns, dies, is removed from office, or
133is no longer eligible for office.
134     (6)  The availability of appointments for the initial
135positions on the board of trustees, in all categories other than
136category 1, as well as all subsequent vacancies after initial
137terms, shall be publicly advertised, including the applicable
138criteria for each available position, so as to encourage
139qualified persons to apply for appointment prior to the making
140of recommendations or appointments by the trustees.
141Recommendations and appointments need not be made from among
142applicants who respond to the advertising, but the trustees
143shall consider any such applicants prior to making any
144recommendations or appointments.
145     Section 4.  (1)  The trust shall have the following powers
146and duties:
147     (a)  To provide for such early childhood, interventional,
148preventive, developmental, treatment, and rehabilitative
149services for children as the trustees determine are needed for
150the general welfare of the county; and provide for such other
151services for children as the trustees determine are needed for
152the general welfare of the county.
153     (b)  To allocate and provide funds to other agencies in the
154county that are operated for the benefit of children, provided
155such agencies are not under the exclusive jurisdiction of the
156public school system.
157     (c)  To collect information and statistical data that will
158be helpful to the trustees in determining the needs of children
159in the county.
160     (d)  To consult with other agencies dedicated to the
161welfare of children to prevent overlapping of services.
162     (e)  To buy or lease such real estate, equipment, and
163personal property and construct such buildings as are needed to
164execute the foregoing powers and duties, provided that no such
165purchases shall be made or building done except for cash with
166funds on hand or secured by funds deposited in financial
167institutions. Nothing in this act shall be construed to
168authorize issuance of bonds of any nature.
169     (f)  To employ and pay, on a part-time or full-time basis,
170personnel needed to execute the powers and duties of the trust.
171     (g)  To borrow money for initial administrative and
172organizational expenses and issue evidence of indebtedness in
173anticipation of the initial tax revenues so long as the amount
174is not greater than 20 percent of the anticipated revenues for
175the initial year.
176     (h)  To apply for, obtain, and receive funding grants that
177are consistent with the purpose of the trust.
178     (i)  Except as may be specifically limited or changed by
179this act, to have all powers, duties, responsibilities, and
180obligations as provided for special districts in sections
181125.901 and 125.902, Florida Statutes.
182     (2)  Promptly after the initial trustees are appointed by
183the board of county commissioners and the individuals who will
184actually serve in the category 1 positions are identified, those
185trustees shall select and appoint the remaining trustees from
186categories 2 and 3.
187     (3)  Promptly after all the trustees are initially
188appointed, the trustees of the trust shall elect a chair and
189vice chair or chair elect from among its members and other
190elected officers as deemed necessary by the trust.
191     (4)  Promptly after the trustees are initially appointed or
192designated, they shall be divided into three groups with
193staggered 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
196after the trustees are first appointed and officers are elected,
197identify and assess the needs of the children in the county
198served by the trustees and submit to the board of county
199commissioners a written description of:
200     1.  The activities, services, and opportunities that will
201be provided to children and the anticipated schedule for
202providing those activities, services, and opportunities.
203     2.  The manner in which children will be served, including
204a description of arrangements and agreements that are proposed
205to be made with community organizations, state and local
206educational agencies, federal agencies, public assistance
207agencies, the juvenile courts, foster care agencies, and other
208applicable public and private agencies.
209     3.  The special outreach efforts that will be undertaken to
210provide services to at-risk, abused, or neglected children.
211     4.  The manner in which the trustees will seek and provide
212funding for unmet needs, including the use of available funding
213grants.
214     5.  The strategy that will be used for interagency
215coordination to maximize existing human and fiscal resources.
216     (b)  Provide training and orientation to all trustees
217sufficient to allow them to perform their duties.
218     (c)  Make and adopt bylaws and rules for the trust's
219guidance, operation, governance, and maintenance, provided such
220rules are not inconsistent with federal or state laws or county
221ordinances.
222     (d)  Provide an annual written report to be presented no
223later than 90 days after the end of each fiscal year to the
224board of county commissioners. The report shall contain, but not
225be limited to, the following:
226     1.  Information on the effectiveness of activities,
227services, and programs offered by the trust, including cost-
228effectiveness.
229     2.  A detailed anticipated budget for continuation of
230activities, services, and programs offered by the trust and a
231list of all sources of requested funding, both public and
232private.
233     3.  Procedures used for early identification of at-risk
234children who need additional or continued services and methods
235for ensuring that the additional or continued services are
236delivered and received.
237     4.  A description of the degree to which the trust's
238objectives and activities are consistent with the goals of this
239section.
240     5.  Detailed information on the various programs, services,
241and activities available to participants and the degree to which
242the programs, services, and activities have been successfully
243used by children.
244     6.  Information on programs, services, and activities that
245should be eliminated, continued, and added to the basic format
246of the trust.
247     7.  A financial statement.
248     (6)  The trustees shall maintain minutes of each meeting,
249including a record of all votes cast, and shall make such
250minutes available to any interested person.
251     (7)  Trustees shall serve without compensation but shall be
252entitled to receive reimbursement for per diem and travel
253expenses consistent with section 112.061, Florida Statutes.
254     (8)  All financial statements of the district shall be
255audited annually by independent auditors based on generally
256accepted governmental accounting principles. The financial
257records shall also be available for audit by state auditors.
258     (9)  Within 30 days after the end of each fiscal quarter,
259the trust shall cause to be prepared and filed with the board a
260financial report that shall include the following:
261     (a)  The total expenditures of the trust for the most
262recent fiscal quarter.
263     (b)  The total receipts of the trust during the most recent
264fiscal quarter.
265     (c)  A statement of the funds that the trust has on hand,
266has invested, or has deposited with qualified public
267depositories at the end of the most recent fiscal quarter.
268     (d)  The total administrative costs of the trust for the
269most recent fiscal quarter.
270     (10)  The trustees of the trust shall comply with all
271fiscal and other requirements in section 125.901, Florida
272Statutes.
273     Section 5.  Fiscal year; budget.-
274     (1)  The fiscal year of the district or trust shall be the
275same as that of Collier County.
276     (2)  Before the end of each fiscal year, the trust shall
277prepare and adopt a tentative annual written budget for the
278ensuing fiscal year that includes its expected income and
279expenditures and provision for a contingency fund. The tentative
280annual written budget shall be delivered to the board within 90
281days before the end of each fiscal year. Included in each
282tentative annual written budget shall be an estimate of the
283millage rate necessary to be applied to raise the funds budgeted
284for expenditures, which millage rate shall not exceed a maximum
285of 50 cents for each $1,000 of assessed valuation of all
286properties within the county that are subject to county taxes.
287The adopted budget and final millage rate shall be certified and
288delivered to the board within 15 days after the trust's adoption
289of the final budget and millage rate pursuant to chapter 200,
290Florida Statutes.
291     (3)  Neither the final nor any preliminary or tentative
292budget of the trust shall be subject to change or modification
293by the board of county commissioners or any other authority.
294     Section 6.  Levying of ad valorem assessments; use and
295control of funds.-In order to provide funds for the trust, the
296trust may levy ad valorem taxes annually on all taxable property
297in Collier County in an amount no greater than the millage rate
298limit approved by the electorate in the countywide referendum
299pursuant to section 8, not to exceed one-half mill. The trust
300shall compute a proposed millage rate within the voter-approved
301limit necessary to fund the tentative budget and, prior to
302adopting a final budget, comply with the provisions of section
303200.065, Florida Statutes, relating to the method of fixing
304millage, and shall fix the final millage rate by resolution of
305the trustees. All assessments collected under this act, as soon
306as is reasonably practicable after the collection thereof, shall
307be paid directly to the trust by the tax collector and all other
308applicable county officials. The moneys so received by the trust
309shall be deposited in one or more investment accounts maintained
310by the trust. The trust's funds may be temporarily invested in
311such manner as public funds are generally approved for
312investment in the state. Except as otherwise provided, all
313disbursements shall require the signature of two persons, at
314least one of whom must be a trustee. The chair or any other
315trustee or employee who signs checks on behalf of the trust
316shall secure a surety bond in the amount of at least $1,000 for
317each $1 million of funds assessed annually. The actual amount
318shall be determined by a majority of the trustees based on
319professional advice, which bond shall be conditioned that each
320trustee shall faithfully discharge the duties of his or her
321office. No other trustee or employee shall be required to secure
322bonds or other security. The trust shall pay the cost and
323premiums for such bonds. No funds of the trust shall be expended
324except by check, except expenditures of a petty cash account
325that shall not at any time exceed $500. No funds of the trust
326may be expended unless they are in accord with its approved
327budget, but nothing shall prevent the trustees from periodically
328approving revisions to particular budget line items. Except for
329the expenditure of petty cash or issuance of checks made payable
330for sums no greater than $5,000, no funds of the trust shall be
331expended without prior written approval of the trustees.
332However, budgeted expenditures of $5,000 or less may be made by
333the chief executive officer of the trust without the prior
334written approval of the trustees but shall be reported to the
335trustees by written report during the month in which any such
336expenditures are made. For purposes of this section, electronic
337wire transfers shall be deemed to be checks if written
338authorization for each wire transfer is obtained in the same
339manner as checks are approved.
340     Section 7.  Amendment and dissolution.-A district or trust
341that is created by this act may be amended only by special act
342of the Legislature. It may be dissolved by the electorate of
343Collier County in a referendum appearing on the ballot in a
344primary, general, or special election or by virtue of the sunset
345provisions of section 8.
346     Section 8.  Referendum.-As a condition to the creation and
347establishment of the district or trust, it must be approved by a
348majority vote of the electorate of Collier County voting in a
349referendum appearing on the ballot in a primary, general, or
350special election. The decision to place the item on the ballot
351for a referendum shall be made by the board of county
352commissioners in the manner provided in section 125.901, Florida
353Statutes. The referendum shall include provisions for the
354district or trust to cease to exist, or for the authorization to
355levy ad valorem assessments to cease at the end of a stated
356sunset period of not more than 7 years and not less than 5
357years, the actual number of years to be established in the
358referendum approved by the board. If the initial referendum is
359approved by the electorate, the district or trust may be
360continued at the end of the sunset period by an affirmative vote
361of the electorate in a subsequent referendum.
362     Section 9.  This act shall take effect only upon its
363approval by a majority vote of those qualified electors of
364Collier County voting in a referendum to be held by the Board of
365County Commissioners of Collier County in conjunction with the
366next primary, general, or special election in Collier County,
367except that this section shall take effect upon this act
368becoming a law.


CODING: Words stricken are deletions; words underlined are additions.