CS/HB 511

1
A bill to be entitled
2An act relating to Collier County; providing a charter;
3creating 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 ordinance, and
22     WHEREAS, the Legislature has determined that it would serve
23the public interest of Collier County to provide for the
24establishment by special act of an independent special district
25within Collier County, as a way of better serving the needs of
26all children in Collier County, NOW, THEREFORE,
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  This act provides a charter for the Children's
31Trust of Collier County.
32     Section 2.  Subject to approval as provided in section 8,
33there is created an independent special district, to be known as
34the "Children's Trust of Collier County," to provide children's
35services throughout Collier County. The boundaries of the
36district shall be coterminous with the boundaries of the county.
37The governing body of the district shall be a board of trustees.
38Nothing in this act prevents the county from creating a
39children's services council pursuant to section 125.901, Florida
40Statutes.
41     Section 3.  (1)  The board of trustees shall be composed of
4215 trustees, as follows:
43     (a)  Category 1:
44     1.  The superintendent of schools of the Collier County
45School District or his or her designated senior officer.
46     2.  The Sheriff of Collier County or his or her designated
47senior officer.
48     3.  A member of the District School Board of Collier
49County, chosen annually by a majority of its members.
50     4.  A member of the Board of County Commissioners of
51Collier County, chosen annually by a majority of the
52commissioners.
53     5.  A judge assigned to preside over juvenile cases in
54Collier County, who shall sit as a voting member of the trust,
55except that he or she shall not vote or participate in the
56setting of ad valorem assessments. The chief judge of the 20th
57judicial circuit shall annually designate the judge to serve on
58the board.
59     (b)  Category 2:
60     1.  An executive or board member of the United Way, the
61Community Foundation, or a similar community organization.
62     2.  An executive or board member from a Collier County
63health or medical services organization that, in whole or in
64part, serves the needs of children.
65     3.  A student attending an educational institution who is
66between the ages of 18 and 22 at the time of appointment and is
67and remains a legal resident of the county.
68     (c)  Category 3: Two members of the Collier County
69community who have served in paid or volunteer positions in
70organizations devoted to providing children's services for at
71least 3 of the 7 years preceding appointment and whose
72backgrounds will help achieve the diversity and experience
73described in paragraph (d).
74     (d)  Category 4: Five trustees initially appointed by a
75majority of the board of county commissioners. Each trustee must
76be a legal resident of a different county commission district so
77that each district has a representative. Successor appointees,
78including the reappointment of any initial trustee in this
79category, shall be selected by the county commissioners from a
80list of three nominees for each position recommended to the
81board by the trustees. The trustees, in making recommendations
82to the county commissioners, and the commissioners, in
83appointing each of the five trustees, shall consider the
84backgrounds, qualifications, experience, and demographic
85diversity of the trustees serving in each category so as to
86result in a board of trustees with members of varied ethnicity,
87gender, and age, as well as members with managerial, financial,
88accounting, legal, health care, and social services experience.
89     (2)  The five appointees in categories 2 and 3 shall be
90selected by a majority of the other 10 trustees.
91     (3)  All trustees in categories 2, 3, and 4 must have been
92legal residents of the county for the 2 calendar years preceding
93appointment and must remain legal residents while serving as
94trustees. The trustees in category 1 need not have been legal
95residents of the county for the 2 calendar years preceding
96appointment, except for senior officers designated by the
97sheriff and the superintendent of schools. Each trustee must
98continue to retain the position that qualified him or her for
99appointment as a trustee in the applicable category. Should a
100trustee fail to retain such position, he or she shall no longer
101be eligible to serve, and his or her term shall end at such
102time.
103     (4)  The initial 10 trustees in categories 2, 3, and 4
104shall be divided into three groups, two of which shall contain
105three members each and one of which shall contain four members.
106The student representative shall serve a 2-year term and
107initially be included in the 2-year term group. After initial
108appointment, these groups shall be designated by the chair of
109the board of trustees in a blind name drawing so as to create
110the three groups with initial terms of 1, 2, and 3 years,
111respectively, to create staggered terms. The four-member group
112shall serve initial 3-year terms. Except as otherwise provided,
113each trustee shall serve a 3-year term. A trustee may serve two
114consecutive full 3-year terms in addition to any preceding
115shorter term with a duration of less than 2 years but may not
116thereafter serve without a 2-year hiatus.
117     (5)  A trustee may be removed by a vote of the majority of
118the board of county commissioners plus one after a
119recommendation by a two-thirds vote of the membership of the
120trust. A trustee may be removed for cause by a majority vote of
121the board of county commissioners after a recommendation by a
122majority vote of the trustees. If any of the trustees dies,
123resigns, is removed from office, or no longer retains the
124position or residential status that qualified the trustee for
125appointment, the vacancy created shall, as soon as practicable,
126be filled by appointment using the same method as the original
127or subsequent appointment procedure, as the case may be, and
128such appointment to fill a vacancy shall be for the unexpired
129term of the person who resigns, dies, is removed from office, or
130is no longer eligible for office.
131     (6)  The availability of appointments for the initial
132positions on the board of trustees, in all categories other than
133category 1, as well as all subsequent vacancies after initial
134terms, shall be publicly advertised, including the applicable
135criteria for each available position, so as to encourage
136qualified persons to apply for appointment prior to the making
137of recommendations or appointments by the trustees.
138Recommendations and appointments need not be made from among
139applicants who respond to the advertising, but the trustees
140shall consider any such applicants prior to making any
141recommendations or appointments.
142     Section 4.  (1)  The trust shall have the following powers
143and duties:
144     (a)  To provide for such early childhood, interventional,
145preventive, developmental, treatment, and rehabilitative
146services for children as the trustees determine are needed for
147the general welfare of the county; and provide for such other
148services for children as the trustees determine are needed for
149the general welfare of the county.
150     (b)  To allocate and provide funds to other agencies in the
151county that are operated for the benefit of children, provided
152such agencies are not under the exclusive jurisdiction of the
153public school system.
154     (c)  To collect information and statistical data that will
155be helpful to the trustees in determining the needs of children
156in the county.
157     (d)  To consult with other agencies dedicated to the
158welfare of children to prevent overlapping of services.
159     (e)  To buy or lease such real estate, equipment, and
160personal property and construct such buildings as are needed to
161execute the foregoing powers and duties, provided that no such
162purchases shall be made or building done except for cash with
163funds on hand or secured by funds deposited in financial
164institutions. Nothing in this act shall be construed to
165authorize issuance of bonds of any nature.
166     (f)  To employ and pay, on a part-time or full-time basis,
167personnel needed to execute the powers and duties of the trust.
168     (g)  To borrow money for initial administrative and
169organizational expenses and issue evidence of indebtedness in
170anticipation of the initial tax revenues so long as the amount
171is not greater than 20 percent of the anticipated revenues for
172the initial year.
173     (h)  To apply for, obtain, and receive funding grants that
174are consistent with the purpose of the trust.
175     (i)  Except as may be specifically limited or changed by
176this act, to have all powers, duties, responsibilities, and
177obligations as provided for special districts in sections
178125.901 and 125.902, Florida Statutes.
179     (2)  Promptly after the initial trustees are appointed by
180the board of county commissioners and the individuals who will
181actually serve in the category 1 positions are identified, those
182trustees shall select and appoint the remaining trustees from
183categories 2 and 3.
184     (3)  Promptly after all the trustees are initially
185appointed, the trustees of the trust shall elect a chair and
186vice chair or chair elect from among its members and other
187elected officers as deemed necessary by the trust.
188     (4)  Promptly after the trustees are initially appointed or
189designated, they shall be divided into three groups with
190staggered terms as provided in section 3.
191     (5)  The trustees of the trust shall:
192     (a)  As soon as practicable, but not later than 1 year
193after the trustees are first appointed and officers are elected,
194identify and assess the needs of the children in the county
195served by the trustees and submit to the board of county
196commissioners a written description of:
197     1.  The activities, services, and opportunities that will
198be provided to children and the anticipated schedule for
199providing those activities, services, and opportunities.
200     2.  The manner in which children will be served, including
201a description of arrangements and agreements that are proposed
202to be made with community organizations, state and local
203educational agencies, federal agencies, public assistance
204agencies, the juvenile courts, foster care agencies, and other
205applicable public and private agencies.
206     3.  The special outreach efforts that will be undertaken to
207provide services to at-risk, abused, or neglected children.
208     4.  The manner in which the trustees will seek and provide
209funding for unmet needs, including the use of available funding
210grants.
211     5.  The strategy that will be used for interagency
212coordination to maximize existing human and fiscal resources.
213     (b)  Provide training and orientation to all trustees
214sufficient to allow them to perform their duties.
215     (c)  Make and adopt bylaws and rules for the trust's
216guidance, operation, governance, and maintenance, provided such
217rules are not inconsistent with federal or state laws or county
218ordinances.
219     (d)  Provide an annual written report to be presented no
220later than 90 days after the end of each fiscal year to the
221board of county commissioners. The report shall contain, but not
222be limited to, the following:
223     1.  Information on the effectiveness of activities,
224services, and programs offered by the trust, including cost-
225effectiveness.
226     2.  A detailed anticipated budget for continuation of
227activities, services, and programs offered by the trust and a
228list of all sources of requested funding, both public and
229private.
230     3.  Procedures used for early identification of at-risk
231children who need additional or continued services and methods
232for ensuring that the additional or continued services are
233delivered and received.
234     4.  A description of the degree to which the trust's
235objectives and activities are consistent with the goals of this
236section.
237     5.  Detailed information on the various programs, services,
238and activities available to participants and the degree to which
239the programs, services, and activities have been successfully
240used by children.
241     6.  Information on programs, services, and activities that
242should be eliminated, continued, and added to the basic format
243of the trust.
244     7.  A financial statement.
245     (6)  The trustees shall maintain minutes of each meeting,
246including a record of all votes cast, and shall make such
247minutes available to any interested person.
248     (7)  Trustees shall serve without compensation but shall be
249entitled to receive reimbursement for per diem and travel
250expenses consistent with section 112.061, Florida Statutes.
251     (8)  All financial statements of the trust shall be audited
252annually by independent auditors based on generally accepted
253governmental accounting principles. The financial records shall
254also be available for audit by state auditors.
255     (9)  Within 30 days after the end of each fiscal quarter,
256the trustees shall cause to be prepared and filed with the board
257of county commissioners a financial report that shall include
258the following:
259     (a)  The total expenditures of the trust for the most
260recent fiscal quarter.
261     (b)  The total receipts of the trust during the most recent
262fiscal quarter.
263     (c)  A statement of the funds that the trust has on hand,
264has invested, or has deposited with qualified public
265depositories at the end of the most recent fiscal quarter.
266     (d)  The total administrative costs of the trust for the
267most recent fiscal quarter.
268     (10)  The trustees of the trust shall comply with all
269fiscal and other requirements in section 125.901, Florida
270Statutes.
271     Section 5.  Fiscal year; budget.-
272     (1)  The fiscal year of the district or trust shall be the
273same as that of Collier County.
274     (2)  Before the end of each fiscal year, the trust shall
275prepare and adopt a tentative annual written budget for the
276ensuing fiscal year that includes its expected income and
277expenditures and provision for a contingency fund. The tentative
278annual written budget shall be delivered to the board of county
279commissioners within 90 days before the end of each fiscal year.
280Included in each tentative annual written budget shall be an
281estimate of the millage rate necessary to be applied to raise
282the funds budgeted for expenditures, which millage rate shall
283not exceed a maximum of 50 cents for each $1,000 of assessed
284valuation of all properties within the county that are subject
285to county taxes. The adopted budget and final millage rate shall
286be certified and delivered to the board of county commissioners
287within 15 days after the trust's adoption of the final budget
288and millage rate pursuant to chapter 200, Florida Statutes.
289     (3)  Neither the final nor any preliminary or tentative
290budget of the trust shall be subject to change or modification
291by the board of county commissioners or any other authority.
292     Section 6.  Levying of ad valorem assessments; use and
293control of funds.-In order to provide funds for the trust, the
294trust may levy ad valorem taxes annually on all taxable property
295in Collier County in an amount no greater than the millage rate
296limit approved by the electorate in the countywide referendum
297pursuant to section 8, not to exceed one-half mill. The trust
298shall compute a proposed millage rate within the voter-approved
299limit necessary to fund the tentative budget and, prior to
300adopting a final budget, comply with the provisions of section
301200.065, Florida Statutes, relating to the method of fixing
302millage, and shall fix the final millage rate by resolution of
303the trustees. All taxes collected under this act, as soon as is
304reasonably practicable after the collection thereof, shall be
305paid directly to the trust by the tax collector and all other
306applicable county officials. The moneys so received by the trust
307shall be deposited in one or more qualified public depositories
308maintained by the trust. The trust's funds may be temporarily
309invested in such manner as public funds are generally approved
310for investment in the state. Except as otherwise provided, all
311disbursements shall require the signature of two persons, at
312least one of whom must be a trustee. The chair or any other
313trustee or employee who signs checks on behalf of the trust
314shall secure a surety bond in the amount of at least $1,000 for
315each $1 million or portion thereof of the trust's annual budget.
316The actual amount shall be determined by a majority of the
317trustees based on professional advice, which bond shall be
318conditioned that each such trustee or employee shall faithfully
319discharge the duties of his or her office. No other trustee or
320employee shall be required to secure bonds or other security.
321The trust shall pay the cost and premiums for such bonds. No
322funds of the trust shall be expended except by check, except
323expenditures of a petty cash account that shall not at any time
324exceed $500. All expenditures from petty cash shall be recorded
325on the books and records of the trust. No funds of the trust may
326be expended unless they are in accord with its approved budget,
327but 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.-The charter for the
341district that is created by this act may be amended only by
342special act of the Legislature. The district may be dissolved by
343a special act of the Legislature, by the electorate of Collier
344County in a referendum appearing on the ballot in a primary,
345general, or special election or by virtue of the sunset
346provisions of section 8.
347     Section 8.  Referendum.-As a condition to the creation and
348establishment of the district, it must be approved by a majority
349vote of the electorate of Collier County voting in a referendum
350appearing on the ballot in a primary, general, or special
351election. The decision to place the item on the ballot for a
352referendum shall be made by the board of county commissioners.
353The referendum shall include provisions for the district or
354trust to cease to exist, or for the authorization to levy ad
355valorem assessments to cease at the end of a stated sunset
356period of not more than 7 years and not less than 5 years, the
357actual number of years to be established in the referendum
358approved by the board of county commissioners. If the initial
359referendum is approved by the electorate, the district or trust
360may be continued at the end of the sunset period by an
361affirmative vote of 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.