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