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Agenda 04/13/2010 Item #12A Agenda Item No. 12A April 13, 2010 Page 1 of 38 EXECUTIVE SUMMARY The COUDty AttorDey is preseDting to the Board a request by the Collier ChildreD's Trust PropoDeDts Political Committee to adopt a statemeDt or resolution iD furtheraDce of House Bill 511 and SeDate BillU62 which, if enacted, would create a mechanism whereby Collier COUDty citizeDs could establish a ChildreD's Trust as aD independeDt special district. A statemeDt or resolutioD is required by Section 189.404(2)(e)(4), Florida Statutes, and is iDteDded to certify that the proposed district is consistent with approved local government plaDS aDd cODfirm that the local government has DO objectioD to the creatioD ofthe district. OBJECTIVE: That the Board of County Commissioners (Board) considers a request by the Collier Children's Trust Proponents Political Committee (Committee) to approve a statement or resolution as required by Section 189.404(2)(e)(4), Florida Statutes, in furtherance of House Bill 511 and Senate Bill 1162. CONSIDERATIONS: This matter is being presented to the Board in this manner due to time constraints, as the Legislature is currently in Session. It will be presented by Alan M, Horton, the Committee Chair, and attorney Richard C. Grant. According to the Committee, House Bill 511 and Senate Bill 1162 would create a mechanism whereby Collier County citizens could establish a Children's Trust as an independent special district. TIlls Children's Trust would serve the same purpose and provide the same services as a Children Services Council permitted by Section 125.901, Florida Statutes. Collier County does not currently have a Children Services Council, and the Committee has asked the Collier County Delegation to introduce these local bills during the current Legislative Session. In anticipation of their enactment and the subsequent creation of the Children's Trust, the Committee is requesting that the Board approve and adopt a resolution or official statement pursuant to Section 189.404(2)(e)(4), Florida Statutes. This statement or resolution would: 1) confirm that the proposed district is consistent with approved local government plans; and 2) state that the local government has no objection to the creation of the proposed district. The correspondence (and enclosures) from the Collier Children's Trust Proponents Political Committee to the County Manager is attached for your reference. LEGAL CONSIDERATIONS: In essence, the creation of this proposed district requires this Board's consent by resolution or official statement. -JAK FISCAL IMP ACT: If created, which will require approval of the electorate, the District would have the authority to tax up to .5 of a mill (50 cents for each $1,000 of property valuation). Based upon $62.9 billion in anticipated taxable value for FY 11 (10% decrease from FY 10), .5 mills will generate $31.4 million dollars (.1 mil would generate $6.3 million). GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: None. Prepared by: Jeffrey A. Klatzkow, County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 12A April 13, 2010 Page 2 of 38 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 12A This item to be heard at 10:30 a.m. The County Attorney is presenting to the Board a request by the Collier Childrens Trust Proponents Political Committee to adopt a statement or resolution in furtherance of House Bill 511 and Senate Bill 1162 which. if enacted, would create a mechanism whereby Collier County citizens could establish a Childrens Trust as an independent special district. A statement or resolution is required by Section 189.404(2)(e) (4), Florida Statutes. and is intended to certify that the proposed district is consistent with approved local government plans and confirm that the local government has no objection to the creation of the district. 4/13/20109:00:00 AM Date Prepared By Jeff Klatzkow County Attorney 3/25/2010 4:01 :31 PM Date Approved By Jeff Klatzkow County Attorney 3/3012010 10:47 AM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 411120109:11 AM Date Approved By Randy Greenwald Office of Management & Budget Management/Budget Analyst Office of Management & Budget 4111201011:01 AM Leo E. Ochs, Jr. Date Approved By County Managers Office County Manager County Managers Office 4/4/20101:55 PM Agenda Item No. 12A April 13, 2010 Page 3 of 38 Collier Children's Trust Proponents Political Committee c/o 5551 Ridgewood Drive, Suite 401 Naples, Florida 34108 March 24, 2010 Mr. Leo E. Ochs, Jr. Collier County Manager County Manager's Office 3301 E. Tamiami Trail Naples, FL 34112 Re: House Bill 511 and Senate Bill 1162 Dear Leo: This letter follows a conversation you had earlier this week with Dick Grant. It constitutes our request that the Board of County COl11missioners approve and adopt a statement or resolution in accord with Florida Statutes I 89.404(2)(e)(4) to the Florida legislature with reference to pending House Bill 5 11 and Senate Bill ] 162. These are local Collier County bills that have been introduced in the legislature by the Collier County Delegation at the request of this political cOl11mittee. F.S. 189.404(2)(e)(4) provides that such a statel11ent or resolution is required before any special district is created. Even though the referenced bills will not create a special district, but rather only an enabling mechanism that would permit the Board of County Commissioners and the voters to do so in the future, we have been advised by the staff of the House Military and Local Affairs Committee, the committee that will be considering the House Bill 51 I, that it needs to receive the statement or resolution from the Board of County COl11missioners of Collier County, before it can report the bill. 1 enclose the following: I. A copy of Florida Statute l89.404(2)(e)(4). 2. A suggested letter for the Board of County Commissioners to make the statement called for in Florida Statute 189.404(2)(e)(4). 3. A summary of the bills that we provided to the Collier County Legislative Delegation last year at the time that it considered and approved the bills. 4. A copy of House Bill 5 I I and Senate Bill I 162. 5. A list of the l11embers of the Collier Children's Trust Proponents. Given that the Legislature is now in session, and that the committee on Military and Local Affairs will be l11eeting sometime in April to consider House Bill 51 I, we ask that this be placed on the Commission's agenda for its April 13,2010 meeting. Dick Grant and I, and some other members of our committee will attend the meeting to further explain this, and to respond to questions from l11embers of the Board of County COl11l11issioners. Agenda Item No. 12A April 13, 2010 Page 4 of 38 In the meantime if you have any questions about this, please contact me, or Dick Grant. Very truI y yours, Alan M. Horton Committee Chair cc: Jeffrey A. Klatzkow, Esq. Richard C. Grant, Esq. Enclosures r:\datalwd-'lfp\gfplrcg\childrenssvcslochs.ltr,docx SPECIAL DISTRICTS: GENERAL PROVISIONS Agenoa "ell I ,"u. I "f"\ April 13, 2010 P$lle1.'ll1lf 38 deClaratory statement or failure of the Legislature to asS a special act shall render the district dependent. p t'lislory.-S, 5, ch. 89-169: S. 78, ch. 92-279; s. 55, ell. 92-326; s, g, ell. 95-324; 6.44. ch. 2001-266; 5.167, ch. 2003-261 !lII189,404 Legislative intent lor the crealion 01 Independent special districts; special act prohibl. Hons; model elements and other requirements; gener- al_purpose locar governmenVGovernor and Cabinet creation authorizations.- (1) LEGISLATIVE INTENT.-It is the intent of the Legislature that, after September 30, 1989, at a mini- mum, the requirements of subsection (3) must be satis- fied when an independent special district is created. (2) SPECIAL ACTS PROHIBITED.-Pursuant to s. 11(a)(21), Art. III at the State Constitution, the Legisla- ture hereby prohibits specIal laws or general laws of local application which: (a) Create independent special districts that do not, at a minimum, conform to the minimum requirements il) subsection (3); (b) Exempt independent special district elections from the appropriate requirements in s. 189.405; (c) Exempt an Independent special district from the requirements for bond referenda in s. 189.408; (d) Exempt an independent special district from the reporting, notice, or public meetings requirements of s. 189.4085, s. 189.415, s. 189.417, or s. 189.418; (9) Create an independent special district for which a statement has not been submitted to the LegiSlature that documents the following: 1, The purpose of the proposed district; 2. The authority of the proposed district; 3. An explanation of why the district is the best alternative; and 4. A resolution or official statement of the govern~ ing boayo-r an approprJaI~ dLllllil ri::,ll dUI url118 local jurrsa:iCrron Wid iii I wi ,;\,,! I lilt:: 1--'1 UfJU~oJ J;::,ll ka Is located statin that the creation or me proposoo district is cons/sten WI e approve aca gaver nt plans of the local qovernln01:lu~~~e ~=vernment has no objection to the crea e r IiiI district. (3) Ivoll,lIvlUlvl R[QLJiR[M~eneral laws or special acts that create or authorize t e creation of independent special districts and are enacted after September 30,1989, must address and require the fol- lowing in their charters: (a) The purpose of the district. (b) The powers, functions, and duties of the district regarding ad valorem taxation, bond issuance, other revenue-raising capabilities, budget preparation and approval, liens and foreclosure of liens, use of tax deeds and tax certificates as appropriate for non-ad valorem assessments, and contractual agreements. (c) The methods for estabiishing the district. (d) The method for amending the charter of the dis- trict. (e) The membership and organization of the gov- erning board of the district. If a district created after September 301 1989, uses a one-aere/ane-vote elec- tion principle, it shall provide for a governing board con- sisting of five members. Three members shall consti- tute a quorum. (f) The maximum compensation of a governing board member. (g) The administrative duties of the governing board of the district. (h) The applicable financial disclosure, noticing, and reporting requirements. (i) If a district has authority to issue bonds, the pro- cedures and requirements for issuing bonds. U) The procedures for conducting any district elec- tions or referenda required and the qualifications of an elector of the district. (k) The methods for financing the district.. (i) If an independent special district has the author- ity to levy ad valorem taxes, other than taxes levied for the payment of bonds and taxes levied for periods not longer than 2 years when authorized by vote of the electors of the district, the millage, rate th~t is author- ized. (m) The method or methods for collecting non-ad valorem assessments, fees, or service charges. (n) Pianning requirements. (0) Geographic boundary limitations. (4) LOCAL GOVERNMENT/GOVERNOR AND CABiNET CREATiON AUTHORIZATIONS.-Except as otherwise authorized by general law, only the Legis. !ature may create independent special districts. (a) A municipality may create an independent spe- cial district which shall be established by ordinance in accordance with s. 190.005, or as otherwise authorized in general law. (b) A county may create an independent special district which shall be adopted by a charter in accord- ance with s. 125.901 or s. 154.331 or chapter 155, or which shall be established by ordinance in accordance with s. 190.005, or as otherwise authorized by general law. (c) The Governor and Cabinet may create an independent special district which shall be established by rule in accordance with s. 190.005 or as otherwise authorized in general law. The Governor and Cabinet may also approve the establishment of a charter for the creation of an independent special district which shall be in accordance with s. 373.1962, or as otherwise authorized in general law. (d)1. Any combination of two or more counties may create a regional special district which shall be established in accordance with s. 950.001, or as other- wise authorized in general law. 2. Any combination of two or more counties or municipalities may create a regional special district which shall be established in accordance with s. 373.1962, or as otherwise authorized by general law. 3. Any combination of two or more counties', municipalities, or other political subdivisions may create a regional special district in accordance with s. 163.567, or as otherwise authorized in general law. (5) STATUS STATEMENT.~After October 1, 1997, the charter of any newly created special district shall contain and, as practical, the charter of a preexist- ing special district shall be amended to contain, a refer- ence to the status of the special district as dependent or independent. When nec:~ssary, the status statement shall be amended to conform with the department's I, , I 1713 Ch.189 SPECIAL DISTRICTS: GENERAL PROVISIONS determination or declaratory statement. regarding the status of the district. Hlstory.~. a, ell. B9-169; 6.106, ch. 90-136: s. 6, ch. 97.255. 189..4041 Dependent special dlstrlcts.- (1) A charter forthe creation of a dependent special district created after September 30, 19S9, shali be adopted only by ordinance of a county or municipal governing body having jurisdiction over the area affected. '(2) A county is authorized to create dependent spe- cial districts within the boundary lines of the county, subject to the approval of the governing body of the incorporated area affected. . (3) A municipality is authorized to create depen- dent special districts within the boundary lines of the municipality. (4) Dependent special distncts created by a county or municipality shali be created by adoption of an ordi' nance that includes: (a) The purpose, powers, functions, arid duties of the distnct. (b) The geographic boundary iimitations of the dis- trict. (c) The authonty of the disfrict. (d) An explanation of why the district is the best alternative. -. (a)' The membership. organization, compensation, j administrative duties of the governing board. (f) The applicable financial disclosure, noticing, and r~porting requirements. (g) The methods for financing the district. (h) A declaration that the creation of the district is consistent with the approved local government com- prehensive plans. Hiatory.-s. 7, 0/1. 89-169; &. 7, ch. 97-255. 189.4042 Merger and dissolution procedures.- (1)(a) The merger or dissolution of dependent spe- cial distncts may be effectuated by an ordinance of the general-purpose local governmental entity wherein-the geographical area of the district or districts is located. However, a county may not dissolve a special district that is dependent to a municipality or vice versa, or a dependent distnct created by special act. (b) A copy of any ordinance and of any changes to a charter affecting the status or boundaries of one or more special districts shall be filed with the Special Dis- trict Informetion Program within 30 days of such activ- ity. (2). The merger or dissolution of an independent special district or a-dependent district created and oper- ating pursuant to a special act may only be effectuated by the legislature unless otherwise provided by gen- erallaw.,lf an inactive_independent district was created by a county or municipality through a referendum, the county or municipality that created the district may dis- solve the district after publishing notice as described in s. 1 S9.4044. If an independent distnct was created by _.9. county or municipality by referendum or any other -ocedure, the county or municipality that created the .strict may merge or dissolve the district pursuant to (he same procedure by which the independent district was created. However, for any independent district that has ad valorem taxation powers, the same procedure required. to grant such independent district ad valorem taxation powers shall also be required to dissolve or merge the district. (3) The provisions of this section shall not apply 10 community, development districts implemented pursu- ant, to chapter ,190 or to, water management districts created and operated pursuant to chapter 373. History.-s. 8, eh. 89-169: s. 8, en. 97-255; s. 1, eh. 98-320: s. 142, ch, 2001.268. 189.4044 SpeCial procedures for Inactive districts. (1) The depertment shali declare inective any spe- cial district in this state by documenting that: (a) The special disfrict meels one of the following criteria: 1. The registered agent of the district, the chair Qf the governing body of the district, or the governing body of the appropriate local general-purpose governmenl notifies the department in writing that the district has taken no action for 2 or more years; 2. Following an inquiry from the department, the registered agent of the district, the chair of the govern- ing body of the district, or the governing body of the appropriate local general~purpose government notifies the department in writing that the district has not had a governing board or a sufficient number of governing board members to constitute a quorum for 2 or more years or the registered agent of the district, the chair of the governing body of the district, orthe govemlng body of the appropriate local general-purpose government fails to respond to the depanment's inquiry within 21 days; or 3. The department determines, pursuant to s. 189.421, that the district has failed to file any at the reports listed in s. 1 S9.41 9. (b) The department, speciai district, or local gener- al-purpose government published a notice of proposed declaration of inactive status in a newspaper of general circulation in the county or municipality in which the ter- ritory of.the special district is located and sent a copy of such notice by certified mail to the registered agent or chair of the board, if any. Such notice must include the name ofthe special district, the law under which it was organized and operating, a general description of the territory included in the special district, and a statement that any objections must be filed pursuant to chapter 120 within 21 days after the publication date; and (c) Twenty-one days have eiapsed from the publi- cation date of the notice of proposed declaration of inactive status and no administrative appeals were filed. (2) If any special district is declared inective pursU- ent to this section, the property or assets of the speCial district are subject to legal process for payment of any debts of the district. After the payment of all the debls of said inactive special district, the remainder of I~ property or assets shali escheat to the county or ipality wherein located. If, however, it shali sary, in order to pay any such debt, to levy a . taxes on the property in the territory or limits of the In tive special district, the same may be assessed and Ie,. ied by order of the local general-purpose governme 1714 F.S. 2009 \ [S. 2009 1. wherein the same is situated ! the county property apprai t county tax collector. t (3) In the case of a distri, Ihe Le9islature, the departrr declaration of inactive stat' House of Representatives Senate. The notice of dec shall reference each knoVl i amending the charter of an) : be inactive under this sectic \lve status shall be sufficient rt. III of the State Constitut tura to repeal any speclalla of a district created by 01 urpose governments, the otice of declaration of inac .overning body of each lac ent that created the dist. reated by interlocal agreE end a notice of declaratlo 'hair of the governing bl urpose government whic greement. (4) The entity that ( eclared inactive under th district by repealin[ riate means. ._s.10,ch. 89-169: s.10,c 189.4045 Financial alt, (1) The government j, pecial d!stricts shall aSSL ceive title to all proper, ecial districts, The prop .s determination of the p ness so assumed and 1 hall be retired. (2) Unless otherwise e dissolution of a SpSI ansfer the title to all Prol ecial district govern urpose government, \I debtedness of the preE '(3) The provisions ot mmunity developmenl , chapter 190 or to wa ted and operated pursl tilstory._s.11,eh.89-1S9;s.11 189.4047 Refund of ,a dependent speciel c r an improvement or s as created; no bonds t e speciaf assessmen1 r municipality which cr 'ines that the demand. o longer exists or thl hich the special aSSE en purchased by a ta , be preserved for env : nnot receive the ber. '~re levied, unspent Agenda Item No. 12A April 13, 2010 Page 7 of 38 DRAFT March 24, 2010 Board of County Commissioners of Collier County Naples, Florida Hon. Larry Cretul, Speaker Florida House of Representatives. Tallahassee, Florida and Hon. Jeff Atwater President Florida Senate Tallahassee, Florida Re: House Bill 511 and Senate Bill 1162 Dear Speaker Cretul and President Atwater: It is our understanding that If enacted into law, House Bill 511 and Senate Bill 1162 (a special act for Collier County) would create a mechanism whereby the citizens of Collier County could establish a Children's Trust, as an independent special district that would serve the same purpose and provide the same services, as would a Children Services Council that each county in Florida is permitted to establish, as an independent special district pursuant to Florida Statutes 125.901. Collier County does not currently have a Children's Services Council. It is our further understanding that the governing body of a Children's Trust that could be established under the special act would be configured differently from that provided for in Florida Statutes 125.901, and would include some additional measures designed to provide greater public accountability . We hereby advise you that if the referenced special bills were enacted into law, the subsequent creation of a Children's Trust in accord with it would be consistent with the local govemment plans of Collier County and, as a board, we would then have no objection to the creation of a Children's Trust as an independent district. At this time there has been no request to this board to place such a referendum on the ballot and accordingly there has been no voter approval to create a Children's Trust. I Agenda Item No. 12A April 13, 2010 Page 8 of 38 This letter is sent to you pursuant to Florida Statutes 189.404(2)(e)4 and is intended to serve as the official statement of this board that is called for in it. This board gave approval to this letter in its regular meeting held on April, 13, 2010, after due public notice of it, as an item on the agenda for that meeting. Very truly yours, Fred Coyle Chairman 2 Agenda Item No. 12A April 13, 2010 Page 9 of 38 SUMMARY OF PROPOSED SPECIAL ACT TO PERMIT CREATION CHILDREN'S TRUST OF COLLIER COUNTY For four years a local working group of community-minded citizens have been discussing the establishment of a children's services council or trust in Collier County. Several Florida counties have such councils. In order to create a children's services council or trust, the county electorate must vote to do so by referendum. The purpose of a children's services councilor trust is to provide a sustainable public funding source for the provision of services to benefit and support children. A children's services councilor trust is a public body independent of the county commission and the school board. It would have taxing authority, its own board or trustees, and would make all the decisions with respect to the expenditure of funds. Florida Statutes 125.901 permits each county to create a council. It provides for a 10- person council, some of whose members are designated by virtue of their status, such as the juvenile judge, a county commissioner, a school board member and the superintendent of schools, and others who are appointed by the governor based upon recommendations from the board of county commissioners. Florida Statutes 125.901 also permits the enactment of unique special legislation for a county. The local working group believes that it would benefit our community and better serve Collier County to have special legislation enacted that would permit the composition of the members of the children's services councilor trust to differ from that in the Florida Statutes 125.901. The working group is forming a political committee called Collier Children's Trust Proponents. Its chairman is Alan Horton. The group has drafted a proposed special act, which it is requesting the Collier county delegation of the Florida Legislature to place on its agenda for the 2010 general session. Under the proposed special act the board of trustees would include 15 members. It would include the sheriff, the superintendent of schools, a county commissioner, a member of the school board, and a juvenile court judge. It would also include 5 members, one of whom is selected from each county commission district who are initially appointed by the county commission, with replacements thereafter appointed by the county commission, but selected from a group of 3 candidates recommended to the county commission by the board of trustees. The remaining 5 members would include one youth member, two citizens at large who have experience dealing with children's affairs, and representatives of the health care, or community organizations. Gubernatorial appointments are eliminated in favor of a collaborative process with the council trustees themselves selecting certain members, and/or making recommendations to the board of county commissioners for others. The proposed special act has been drafted with considerable care. Generally it provides the trust would have the same powers and authority as contained in Florida Statutes 125.901. The proposed special act requires that in order to create a children's services councilor trust the electorate must approve it by a majority vote at a future election, and that the total taxing Agenda Item No. 12A April 13, 2010 Page 10 of 38 authority not exceed .5 of a mill (50 cents for each $1,000 of property valuation). It also provides that any referendum to establish a children's services councilor trust must contain a sunset provision such that the trust's existence would term limit after not more than 7, and not less than 5 years unless renewed by subsequent vote of the electorate. Collier ChildreD's Trust ProPoDeDts. a political committee Alan M. Horton, Chairman and member Thomas G. Schneider, Treasurer and member Richard C. Grant, Secretary and member Michael V. Reagen, member John Sorey, III, member Ned Sachs, member r:\d.ta\w(t.sf~]drm.'vcs\ptoposed--cpec..Rd._cIoelr; FLORIDA Agenda Item No. 12A April 13, 2010 Page 11 of 38 REPRESENTATIVES HOUSE o F ~~1 ~O 1 A bill to be entitled 2 An act relating to Collier County; providing a short 3 title; 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 powers and duties of the board; authorizing reimbursement 7 8 9 10 11 12 13 14 for per diem and travel expenses; requiring certain reports and audits; specifying a fiscal year; providing financial requirements and budget procedures; authorizing the levy of ad valorem assessments and providing a millage cap; requiring a surety bond of certain persons; providing requirements for amendment or dissolution of the district; providing for referendums; providing an effective date. 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 special act, 22 and 23 WHEREAS, the Legislature has determined that it would serve 24 the public interest of Collier County to provide for the 25 establishment by special act of an independent special district 26 within Collier County that has a governing board membership that 27 differs from that provided for in section 125.901, Florida Page 1 of 14 CODING: Words slFiGkBIl are deletions; words underlined are additions. hb0511-00 I l FLORIDA H 0 USE o F Agenda Item No. 12A April 13, 2010 Page 12 of 38 R E PRE S E N TAT I V E S HB 511 2010 28 Statutes, as a way of better serving the needs of all children 29 in Collier County, NOW, THEREFORE, 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. This act may be cited as the "Children's Trust 34 Act of Collier County." 35 Section 2. Subject to approval as provided in section 8, 36 there is created an independent special district to provide 37 children's services throughout Collier County. The boundaries of 38 the district shall be coterminous with the boundaries of the 39 county. The governing body of the district shall be a board of 40 trustees to be known as the "Children' s Trust of Collier 41 County." Nothing in this act prevents the county from creating a 42 children's services council pursuant to section 125.901, Florida 43 Statutes. 44 Section 3. (1) The trust shall be composed of 15 45 trustees, as follows: 46 (a) Category 1: 47 1. The superintendent of schools of the Collier County 48 School District or his or her designated senior officer. 49 2. The Sheriff of Collier County or his or her designated 50 senior officer. 51 3. A member of the District School Board of Collier 52 County, chosen annually by a majority of its members. 53 4. A member of the Board of County Commissioners of 54 Collier County, chosen annually by a majority of the 55 conunissioners. Page 2 of 14 CODING: Words slFiGkell are deletions; words underlined are additions. hb0511-00 FLORIDA HOUSE Agenda Item No. 12A April 13, 2010 Page 13 of 38 R E PRE S E N TAT I V E S o F HB511 2010 56 5. A judge assigned to preside over juvenile cases in 57 Collier County, who shall sit as a voting member of the trust, 58 except that he or she shall not vote or participate in the 59 setting of ad valorem assessments. The chief judge of the 20th 60 judicial circuit shall annually designate the judge to serve on 61 the board. 62 (b) Category 2: 63 1. An executive or board member of the United Way, the 64 Community Foundation, or a similar community organization. 65 2. An executive or board member from a Collier County 66 health or medical services organization that, in whole or in 67 part, serves the needs of children. 68 3. A student attending an educational institution who is 69 between the ages of 18 and 22 at the time of appointment and is 70 and remains a legal resident of the county. 71 (c) Category 3: Two members of the Collier County 72 community who have served in paid or volunteer positions in 73 organizations devoted to providing children's services for at 74 least 3 of the 7 years preceding appointment and whose 75 backgrounds will help achieve the diversity and experience 76 described in paragraph (d). 77 (d) Category 4: Five trustees initially appointed by a 78 majority of the board of county commissioners. Each trustee must 79 be a legal resident of a different county commission district so 80 that each district has a representative. Successor appointees, 81 including the reappointment of any initial trustee in this 82 category, shall be selected by the county commissioners from a 83 list of three nominees for each position recommended to the Page 3 of 14 CODING: Words slFiekeR are deletions; words underlined are additions. hb0511-00 FLORIDA H 0 USE Agenda Item No. 12A April 13, 2010 Page 14 of 38 R E PRE S E N TAT I V E S o F HB511 2010 84 board by the trustees. The trustees, in making recommendations 85 to the county commissioners, and the commissioners, in 86 appointing each of the five trustees, shall consider the 87 backgrounds, qualifications, experience, and demographic 88 diversity of the trustees serving in each category so as to 89 result in a board of trustees with members of varied ethnicity, 90 gender, and age, as well as members with managerial, financial, 91 accounting, legal, health care, and social services experience. 92 (2) The five appointees in categories 2 and 3 shall be 93 selected by a malority of the other 10 trustees. 94 (3) All trustees in categories 2, 3, and 4 must have been 95 legal residents of the county for the 2 calendar years preceding 96 appointment and must remain legal residents while serving as 97 trustees. The trustees in category 1 need not have been legal 98 residents of the county for the 2 calendar years preceding 99 appointment, except for senior officers designated by the 100 sheriff and the superintendent of schools. Each trustee must 101 continue to retain the position that qualified him or her for 102 appointment as a trustee in the applicable category. Should a 103 trustee fail to retain such position, he or she shall no longer 104 be eligible to serve, and his or her term shall end at such 105 time. 106 (4) The initial 10 trustees in categories 2, 3, and 4 107 shall be divided into three groups, two of which shall contain 108 three members each and one of which shall contain four members. 109 The student representative shall serve a 2-year term and 110 initially be included in the 2-year term group. After initial 111 appointment, these groups shall be designated by the chair of Page 4 of 14 CODING: Words stRel\efl are deletions; words underlined are additions. hb0511-00 FLORIDA H 0 USE Agenda Item No. 12A April 13, 2010 Page 15 of 38 REPRESENTATIVES o F HB 511 2010 112 the board of trustees in a blind name drawing so as to create 113 the three groups with initial terms of 1, 2, and 3 years, 114 respectively, to create staggered terms. The four-member group 115 shall serve initial 3-year terms. Except as otherwise provided, 116 each trustee shall serve a 3-year term. A trustee may serve two 117 consecutive full 3-year terms in addition to any preceding lIB shorter term with a duration of less than 2 years but may not 119 thereafter serve without a 2-year hiatus. 120 (5) A trustee may be removed by a vote of the majority of 121 the board of county commissioners plus one after a 122 recommendation by a two-thirds vote of the membership of the 123 trust. A trustee may be removed for cause by a majority vote of 124 the board of county commissioners after a recommendation by a 125 majority vote of the trustees. If any of the trustees dies, 126 resigns, is removed from office, or no longer retains the 127 position or residential status that qualified the trustee for 128 appointment, the vacancy created shall, as soon as practicable, 129 be filled by appointment using the same method as the original 130 or subsequent appointment procedure, as the case may be, and 131 such appointment to fill a vacancy shall be for the unexpired 132 term of the person who resigns, dies, is removed from office, or 133 is no longer eligible for office. 134 (6) The availability of appointments for the initial 135 positions on the board of trustees, in all categories other than 136 category 1, as well as all subsequent vacancies after initial 137 terms, shall be publicly advertised, including the applicable 138 criteria for each available position, so as to encourage 139 qualified persons to apply for appointment prior to the making Page 5 of 14 CODING: Words~. are deletions; words underlined are addijions. hb0511-00 FLORIDA Agenda Item No. 12A April 13, 2010 Page 16 of 38 REPRESENTATIVES H 0 USE o F HB511 2010 140 141 142 143 144 145 146 147 of recommendations or appointments by the trustees. Recommendations and appointments need not be made from among applicants who respond to the advertising, but the trustees shall consider any such applicants prior to making any recommendations or appointments. Section 4. and duties: (a) To provide for such early childhood, interventional, (1) The trust shall have the following powers 148 preventive, developmental, treatment, and rehabilitative 149 services for children as the trustees determine are needed for 150 the general welfare of the county; and provide for such other 151 services for children as the trustees determine are needed for 152 the general welfare of the county. 153 (b) To allocate and provide funds to other agencies in the 154 county that are operated for the benefit of children, provided 155 such agencies are not under the exclusive jurisdiction of the 156 public school system. 157 (cl To collect information and statistical data that will 158 be helpful to the trustees in determining the needs of children 159 in the county. 160 (d) To consult with other agencies dedicated to the 161 welfare of children to prevent overlapping of services. 162 (e) To buy or lease such real estate, equipment, and 163 ~=rsonal pr~~erty and construct such buildings as are needed to 164 execute the foregoing powers and duties, provided that no such 165 purchases shall be made or building done except for cash with 166 funds on hand or secured by funds deposited in financial Page 6 of 14 CODING: Words ~ are deletions; words underlined are additions. hb0511-00 FLORIDA H 0 USE o F Agenda Item No. 12A April 13, 2010 Page 17 of 38 R E PRE S E N TAT I V E S HB511 2010 167 institutions. Nothing in this act shall be construed to 168 authorize issuance of bonds of any nature. 169 (f) To employ and pay, on a part-time or full-time basis, 170 personnel needed to execute the powers and duties of the trust. 171 (g) To borrow money for initial administrative and 172 organizational expenses and issue evidence of indebtedness in 173 anticipation of the initial tax revenues so long as the amount 174 is not greater than 20 percent of the anticipated revenues for 175 the initial year. 176 (h) To apply for, obtain, and receive funding grants that 177 are consistent with the purpose of the trust. 178 (i) Except as may be specifically limited or changed by 179 this act, to have all powers, duties, responsibilities, and 180 obligations as provided for special districts in sections 181 125.901 and 125,902, Florida Statutes. 182 (2) Promptly after the initial trustees are appointed by 183 the board of county commissioners and the individuals who will 184 actually serve in the category 1 positions are identified, those 185 trustees shall select and appoint the remaining trustees from 186 categories 2 and 3. 187 (3) Promptly after all the trustees are initially 188 appointed, the trustees of the trust shall elect a chair and 189 vice chair or chair elect from among its members and other 190 elected officers as deemed necessary by the trust. 191 (4) Promptly after the trustees are initially appointed or 192 designated, they shall be divided into three groups with 193 staggered terms as provided in section 3. 194 (5) The trustees of the trust shall: Page 7 of 14 CODING: Words slRGlIef\ are deletions; words unde~ined are additions. hb0511-00 FLORIDA Agenda Item No. 12A April 13, 2010 Page 18 of 38 R E PRE S E N TAT I V E S H 0 USE o F HB511 2010 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 (a) As soon as practicable, but not later than I year after the trustees are first appointed and officers are elected, identify and assess the needs of the children in the county served by the trustees and submit to the board of county commissioners a written description of: 1. The activities, services, and opportunities that will be provided to children and the anticipated schedule for providing those activities, services, and opportunities. 2. The manner in which children will be served, including a description of arrangements and agreements that are proposed to be made with community organizations, state and local educational agencies, federal agencies, public assistance agencies, the juvenile courts, foster care agencies, and other applicable public and private agencies. 3. The special outreach efforts that will be undertaken to provide services to at-risk, abused, or neglected children. 4. The manner in which the trustees will seek and provide funding for unmet needs, including the use of available funding grants. 5. The strategy that will be used for interagency coordination to maximize existing human and fiscal resources. (b) Provide training and orientation to all trustees sufficient to allow them to perform their duties. (c) Make and adopt bylaws and rules for the trust's "----.--..-- guidance, operation, governance, and maintenance, provided such rules are not inconsistent with federal or state laws or county ordinances. Page 8 of 14 CODING: Words str-iGkefl are deletions; words underlined are additions. hb0511-00 FLORIDA H 0 USE Agenda Item No. 12A April 13, 2010 Page 19 of 38 REPRESENTATIVES o F HB511 2010 222 (d) Provide an annual written report to be presented no 223 later than 90 days after the end of each fiscal year to the 224 board of county commissioners. The report shall contain, but not 225 be limited to, the following: 226 1. Information on the effectiveness of activities, 227 services, and programs offered by the trust, including cost- 228 effectiveness. 229 2. A detailed anticipated budget for continuation of 230 activities, services, and programs offered by the trust and a 231 list of all sources of requested funding, both public and 232 private. 233 3. Procedures used for early identification of at-risk 234 children who need additional or continued services and methods 235 for ensuring that the additional or continued services are 236 delivered and received. 237 4. A description of the degree to which the trust's 238 objectives and activities are consistent with the goals of this 239 section. 240 5. Detailed information on the various programs, services, 241 and activities available to participants and the degree to which 242 the programs, services, and activities have been successfully 243 used by children. 244 6. Information on programs, services, and activities that 245 should be eliminated, continued, and added to the basic format 246 of the trust. 247 7. A financial statement. Page 9 of 14 CODING: Words slFiGI\eH are deletions; words underlined are additions. hb0511-QO H 0 USE Agenda Item No. 12A April 13, 2010 Page 20 of 38 REPRESENTATIVES FLORIDA 248 o F HB 511 2010 (6) The trustees shall maintain minutes of each meeting, 249 including a record of all votes cast, and shall make such 250 minutes available to any interested person. 251 (7) Trustees shall serve without compensation but shall be 252 entitled to receive reimbursement for per diem and travel 253 expenses consistent with section 112.061, Florida Statutes. 254 (8) All financial statements of the district shall be 255 audited annually by independent auditors based on generally 256 accepted governmental accounting principles. The financial 257 records shall also be available for audit by state auditors. 258 (9) Within 30 days after the end of each fiscal quarter, 259 the trust shall cause to be prepared and filed with the board a 260 financial report that shall include the following: 261 (a) The total expenditures of the trust for the most 262 recent fiscal quarter. (b) The total receipts of the trust during the most recent 263 264 fiscal quarter. 265 (e) A statement of the funds that the trust has on hand, 266 has invested, or has deposited with qualified public 267 depositories at the end of the most recent fiscal quarter. 268 (d) The total administrative costs of the trust for the 269 most recent fiscal quarter. (10) The trustees of the trust shall comply with all 270 271 fiscal and other requirements in section 125.901, Florida 272 Statutes. 273 274 Section 5. Fiscal year; budget.- (1) The fiscal year of the district or trust shall be the 275 same as that of Collier County. Page 10 of 14 CODING: Words stFiGlIM are deletions; words underlined are additions. hb0511-00 FLORIDA Agenda Item No. 12A April 13, 2010 Page 21 of 38 REPRESENTATIVES H 0 USE o F HB511 2010 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 (2) Before the end of each fiscal year, the trust shall prepare and adopt a tentative annual written budget for the ensuing fiscal year that includes its expected income and expenditures and provision for a contingency fund. The tentative annual written budget shall be delivered to the board within 90 days before the end of each fiscal year. Included in each tentative annual written budget shall be an estimate of the millage rate necessary to be applied to raise the funds budgeted for expenditures, which millage rate shall not exceed a maximum of 50 cents for each $1,000 of assessed valuation of all properties within the county that are subject to county taxes. The adopted budget and final millage rate shall be certified and delivered to the board within 15 days after the trust's adoption of the final budget and millage rate pursuant to chapter 200, Florida Statutes. (3) Neither the final nor any preliminary or tentative budget of the trust shall be subject to change or modification by the board of county commissioners or any other authority. Section 6. Levying of ad valorem assessments; use and control of funds.-In order to provide funds for the trust, the trust may levy ad valorem taxes annually on all taxable property in Collier County in an amount no greater than the millage rate limit approved by the electorate in the countywide referendum pursuant to section 8, not to exceed one-half mill. The trust --..-------- shall compute a proposed millage rate within the voter-approved limit necessary to fund the tentative budget and, prior to adopting a final budget, comply with the provisions of section 200.065, Florida Statutes, relating to the method of fixing Page 11 of 14 CODING: Words slfiGk€fl are deletions; words underlined are add~ions. hb0511-00 FLORIDA H 0 USE Agenda Item No. 12A April 13, 2010 Page 22 of 38 REPRESENTATIVES o F HBS11 2010 304 millage, and shall fix the final millage rate by resolution of 305 the trustees. All assessments collected under this act, as soon 306 as is reasonably practicable after the collection thereof, shall 307 be paid directly to the trust by the tax collector and all other 308 applicable county officials. The moneys so received by the trust 309 shall be deposited in one or more investment accounts maintained 310 by the trust. The trust's funds may be temporarily invested in 311 such manner as public funds are generally approved for 312 investment in the state. Except as otherwise provided, all 313 disbursements shall require the signature of two persons, at 314 least one of whom must be a trustee. The chair or any other 315 trustee or employee who signs checks on behalf of the trust 316 shall secure a surety bond in the amount of at least $1,000 for 317 each $1 million of funds assessed annually. The actual amount 318 shall be determined by a majority of the trustees based on 319 professional advice, which bond shall be conditioned that each 320 trustee shall faithfully discharge the duties of his or her 321 office. No other trustee or employee shall be required to secure 322 bonds or other security, The trust shall pay the cost and 323 premiums for such bonds. No funds of the trust shall be expended 324 except by check, except expenditures of a petty cash account 325 that shall not at any time exceed $500. No funds of the trust 326 may be expended unless they are in accord with its approved . ~32.__J:.u.<iget, _bu~,:,::!I"1.~::~__s~~~~ up'=event~':'.u~,:,:.~_ee_s _from peri_odic~~_l y 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. Page 12 of 14 CODING: Words slfislIen are deletions; words underlined are additions. hb0511-00 FLORIDA H 0 USE Agenda Item No. 12A April 13, 2010 Page 23 of 38 R E PRE S E N TAT I V E S o F HB 511 2010 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.-A district or trust 341 that is created by this act may be amended only by special act 342 of the Legislature. It may be dissolved by the electorate of 343 Collier County in a referendum appearing on the ballot in a 344 primary, general, or special election or by virtue of the sunset 345 provisions of section 8. 346 Section 8. Referendum.-As a condition to the creation and 347 establishment of the district or trust, it must be approved by a 348 majority vote of the electorate of Collier County voting in a 349 referendum appearing on the ballot in a primary, general, or 350 special election. The decision to place the item on the ballot 351 for a referendum shall be made by the board of county 352 commissioners in the manner provided in section 125.901, Florida 353 Statutes. The referendum shall include provisions for the 354 district or trust to cease to exist, or for the authorization to 355 levy ad valorem ,::~""--slTle_I11::_~__~()---,,-~a:,,,~ilt _the~~o~ a stated 356 sunset period of not more than 7 years and not less than 5 357 years, the actual number of years to be established in the 358 referendum approved by the board. If the initial referendum is 359 approved by the electorate, the district or trust may be Page 13 of 14 CODING: Words slFiGkefl are deletions; words underlined are additions. hb0511-00 FLORIDA H 0 USE o F Agenda Item No. 12A April 13, 2010 Page 24 of 38 R E PRE S E N TAT I V E S HB511 2010 360 continued at the end of the sunset period by an affirmative vote 361 of the electorate in a subsequent referendum. 362 Section 9. This act shall take effect only upon its 363 approval by a majority 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 primary, general, or special election in Collier County, 367 except that this section shall take effect upon this act 368 becoming a law. Page 14 of 14 CODING: Words slfiekefl are deletions; words underlined are additions. hb0511-00 Florida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 25 of 38 37-01042-10 1 A bill to be entitled 2 An act relating to Collier County; providing a short 3 title; creating an independent special district to 4 provide children's services in the county; providing 5 for a governing board; providing for membership, 6 terms, and powers and duties of the board; authorizing 7 reimbursement for per diem and travel expenses; 8 requiring certain reports and audits; specifying a 9 fiscal year; providing financial requirements and 10 budget procedures; authorizing the levy of ad valorem 11 assessments and providing a millage cap; requiring a 12 surety bond of certain persons; providing requirements 13 for amendment or dissolution of the district; 14 providing for referendums; providing an effective 15 date. 16 17 WHEREAS, credible studies have shown that there is an unmet 18 funding gap for services necessary to address the needs of 19 children in Collier County, and 20 WHEREAS, section 125.901, Florida Statutes, authorizes the 21 creation of an independent special district to provide 22 children's services throughout each county and permits an 23 individual---county-to- establi-sh such aoist-rict:--by- special--act,----- 24 and 25 WHEREAS, the Legislature has determined that it would serve 26 the public interest of Collier County to provide for the 27 establishment by special act of an independent special district 28 within Collier County that has a governing board membership that 29 differs from that provided for in section 125.901, Florida Page 1 of 13 CODING: Words otricJccn are deletions; words underlined are additions. Florida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 26 of 38 37-01042-10 30 Statutes, as a way of better serving the needs of all children 31 in Collier County, NOW, THEREFORE, 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. This act may be cited as the nChildren's Trust 36 Act of Collier County. " 37 Section 2. Subject to approval as provided in section 8, 38 there is created an independent special district to provide 39 children's services throughout Collier County. The boundaries of 40 the district shall be coterminous with the boundaries of the 41 county. The governing bOdy of the district shall be a board of 42 trustees to be known as the .Children's Trust of Collier 43 County." Nothing in this act prevents the county from creating a 44 children's services council pursuant to section 125.901, Florida ~-S "Sfa-tutes-;-.--- -- -~--~-.---~- ---. ___u_______ ....____ _ ___ _____ 46 Section 3. (1) The trust shall be composed of 15 trustees, 47 as follows: 48 la) Cateqory 1: 49 1. The superintendent of schools of the Collier County 50 School District or his or her designated senior officer. 51 2. The Sheriff of Collier County or his or her desiqnated -~57 ~-sen--ror-omcer.--.---- ~----- 53 3. A member of the District School Board of Collier County, 54 chosen annually by a majority of its members. 55 4. A member of the Board of County Commissioners of Collier 56 County, chosen annually by a majority of the commissioners. 57 5. A judge assiqned to preside over juvenile cases in 58 Collier County, who shall sit as a voting member of the trust, Page 2 of 13 CODING: Words Gtriclccn are deletions; words underlined are additions. Florida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 27 of 38 37-01042-10 59 except that he or she shall not vote or participate in the 60 setting of ad valorem assessments. The chief ludge of the 20th 61 judicial circuit shall annually designate the ludge to serve on 62 the board. 63 (b) Category 2: 64 1. An executive or board member of the United Way, the 65 Community Foundation, or a similar community organization. 66 2. An executive or board member from a Collier County 67 health or medical services organization that, in whole or in 68 part, serves the needs of children. 69 3. A student attending an educational institution who is 70 between the ages of 18 and 22 at the time of appointment and is 71 and remains a legal resident of the county. 72 (c) Category 3: Two members of the Collier County community 73 who have served in paid or volunteer positions in organizations -9-4- --devote-ct--t-o--p-rovi--di-ng--chi-l-dfeftLs--ser-vi.ces.. f-e-r-at~least-3 --ef~e--;>- 75 years preceding appointment and whose backgrounds will help 76 achieve the diversity and experience described in paragraph (d). 77 (d) Category 4: Five trustees initially appointed by a 78 majority of the board of county commissioners. Each trustee must 79 be a legal resident of a different county commission district so 80 that each district has a representative. Successor appointees, -81: --.-rncludirrg-the-re-apPol-ntJnent--of any initial-trustee-in-t-h-i-s. 82 category, shall be selected by the county commissioners from a 83 list of three nominees for each position recommended to the 84 board by the trustees. The trustees, in making recommendations 85 to the county commissioners, and the commissioners, in 86 appointing each of the five trustees, shall consider the 87 backgrounds, qualifications, experience, and demographic Page 3 of 13 CODING: Words otricJ(cn are deletions; words underlined are additions. F~orida Senate - 20~O Agenda Item No. 12A April 13, 2010 Page 28 of 38 37-01042-10 88 diversity of the trustees serving in each category so as to 89 result in a board of trustees with members of varied ethnicity, 90 gender, and age, as well as members with managerial, financial, 91 accounting, legal, health care, and social services experience. 92 (2) The five appointees in categories 2 and 3 shall be 93 selected by a majority of the other 10 trustees. 94 (3) All trustees in categories 2, 3, and 4 must have been 95 legal residents of the county for the 2 calendar years preceding 96 appointment and must remain legal residents while serving as 97 trustees. The trustees in category 1 need not have been legal 98 residents of the county for the 2 calendar years preceding 99 appointment, except for senior officers designated by the 100 sheriff and the superintendent of schools. Each trustee must 101 continue to retain the position that qualified him or her for 102 appointment as a trustee in the applicable category. Should a . -. --1-8 "U-s4o-ee---f-aH-~u-i-!'l----fr"-efl--F'G.&-H:-i-0&;--he-- e-r---she--.shal-l-ne----l-<m~-r- 104 be eligible to serve, and his or her term shall end at such 105 time. 106 (4) The initial 10 trustees in categories 2, 3, and 4 shall 107 be divided into three groups, two of which shall contain three 108 members each and one of which shall contain four members. The 109 student representative shall serve a 2-year term and initially -1'1.-0 .. ---be-in-crud:ed--in-the---z--vear-t erm-group-;-.:A.f ter-i-ni-t+al~appointment-,---- 111 these groups shall be designated by the chair of the board of 112 trustees in a blind name drawinq so as to create the three 113 groups with initial terms of 1, 2, and 3 years, respectively, to 114 create staggered terms. The four-member group shall serve 115 initial 3-year terms. Except as otherwise provided, each trustee 116 shall serve a 3-year term. A trustee may serve two consecutive Page 4 of 13 CODING: Words Gtriekcn are deletions; words underlined are additions. Florida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 29 of 38 37-01042-10 117 full 3-year terms in addition to any preceding shorter term with 118 a duration of less than 2 years but may not thereafter serve 119 without a 2-year hiatus. 120 (5) A trustee may be removed by a vote of the maiority of 121 the board of county commissioners plus one after a 122 recommendation by a two-thirds vote of the membership of the 123 trust. A trustee may be removed for cause by a majority vote of 124 the board of county commissioners after a recommendation by a 125 majority vote of the trustees. If any of the trustees dies, 126 resigns, is removed from office, or no longer retains the 127 position or residential status that qualified the trustee for 128 appointment, the vacancy created shall, as soon as practicable, 129 be filled by appointment using the same method as the original 130 or subsequent appointment procedure, as the case may be, and 131 such appointment to fill a vacancy shall be for the unexpired . -----1:-3.. --t-erm--ed' .-t~-s-en---w-fto res igns, dic::;, in rCll\o,,'cd fr-om officc, -er-- 133 is no longer eligible for office. 134 (6) The availability of appointments for the initial 135 positions on the board of trustees, in all categories other than 136 category 1, as well as all subsequent vacancies after initial 137 terms, shall be publicly advertised, including the applicable 138 criteria for each available position, so as to encourage 1"3"9- uintmerrt--uriur--to-the---maJd: 140 of recommendations or appointments by the trustees. 141 Recommendations and appointments need not be made from among 142 applicants who respond to the advertising, but the trustees 143 shall consider any such applicants prior to making any 144 recommendations or appointments. 145 Section 4. (1) The trust shall have the following powers Page 5 of 13 CODING: Words ntriekcn are deletions; words underlined are additions. Florida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 30 of 38 37-01042-10 146 and duties: 147 (al To provide for such early childhood, interventional, 148 preventive, developmental, treatment, and rehabilitative 149 services for children as the trustees determine are needed for 150 the general welfare of the county; and provide for such other 151 services for children as the trustees determine are needed for 152 the general welfare of the county. 153 (b) To allocate and provide funds to other agencies in the 154 county that are operated for the benefit of children, provided 155 such agencies are not under the exclusive jurisdiction of the 156 public school system. 157 (c) To collect information and statistical data that will 158 be helpful to the trustees in determining the needs of children 159 in the county. 160 (d) To consult with other agencies dedicated to the welfare -e~~~~to pro~ont 0~or13pping of ocrvicoo. 162 (el To buy or lease such real estate, equipment, and 163 personal property and construct such buildings as are needed to 164 execute the foregoing powers and duties, provided that no such 165 purchases shall be made or building done except for cash with 166 funds on hand or secured by funds deposited in financial 167 institutions. Nothing in this act shall be construed to -1 ---a-u-t-h-orize issttanC:<l of bOl,ds of any--na1:ure~-----_.~- 169 (f) To employ and pay, on a part-time or full-time basis, 170 personnel needed to execute the powers and duties of the trust. 171 (g) To borrow money for initial administrative and 172 organizational expenses and issue evidence of indebtedness in 173 anticipation of the initial tax revenues so long as the amount 174 is not greater than 20 percent of the anticipated revenues for Page 6 of 13 CODING: Words otricJ(cn are deletions; words underlined are additions. Florida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 31 of 38 37-01042-10 175 the initial year. 176 (h) To apply for, obtain, and receive funding grants that 177 are consistent with the purpose of the trust. 178 (i) Except as may be specifically limited or changed by 179 this act, to have all powers, duties, responsibilities, and 180 obligations as provided for special districts in sections 181 125.901 and 125.902, Florida Statutes. 182 (2) Promptly after the initial trustees are appointed by 183 the board of county commissioners and the individuals who will 184 actually serve in the category 1 positions are identified, those 185 trustees shall select and appoint the remaining trustees from 186 categories 2 and 3. 187 (3) Promptly after all the trustees are initially 188 appointed, the trustees of the trust shall elect a chair and 189 vice chair or chair elect from among its members and other C.LCC1:ca oIIicer" :w deemed -neceoe:J.ry by thc true+-o 191 (4) Promptly after the trustees are initially appointed or 192 designated, they shall be divided into three groups with 193 staggered 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 after 196 the trustees are first appointed and officers are elected, 1 -i-dettt-i-f-y---a1'l.~-es-s---t-he---ne-eds--of-the--eh-i-i-d-r<!n. .i-n-the-county-- 198 served by the trustees and submit to the board of county 199 commissioners a written description of: 200 1. The activities, services, and opportunities that will be 201 provided to children and the anticipated schedule for providing 202 those activities, services, and opportunities. 203 2. The manner in which children will be served, including a Page 7 of 13 CODING: Words otricken are deletions; words underlined are additions. Florida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 32 of 38 37-01042-10 204 description of arrangements and agreements that are proposed to 205 be made with community organizations, state and local 206 educational agencies, federal agencies, public assistance 207 agencies, the juvenile courts, foster care agencies, and other 208 applicable public and private agencies. 209 3. The special outreach efforts that will be undertaken to 210 provide services to at-risk, abused, or neglected children. 211 4. The manner in which the trustees will seek and provide 212 funding for unmet needs, including the use of available funding 213 grants. 214 5. The strategy that will be used for interagency 215 coordination to maximize existing human and fiscal resources. 216 (b) Provide training and orientation to all trustees 217 sufficient to allow them to perform their duties. 218 (c) Make and adopt bylaws and rules for the trust's "'" '"' a . ,",,,,", 220 rules are not inconsistent with federal or state laws or county 221 ordinances. 222 (d) Provide an annual written report to be presented no 223 later than 90 days after the end of each fiscal year to the 224 board of county commissioners. The report shall contain, but not 225 be limited to, the following: - - 22.& - _.~ . 1-;-Informati or , Ou tbe---effe-cti-ven-e-s-s---o-f--aet-i-vi-t-i-e s , 227 services, and programs offered by the trust, including cost- 228 effectiveness. 229 2. A detailed anticipated budget for continuation of 230 activities, services, and programs offered by the trust and a 231 list of all sources of requested funding, both public and 232 private. Page 8 of 13 CODING: Words atEickoR are deletions; words underlined are additions. F10rida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 33 of 38 37-01042-10 233 3. Procedures used for early identification of at-risk 234 children who need additional or continued services and methods 235 for ensuring that the additional or continued services are 236 delivered and received. 237 4. A description of the degree to which the trust's 238 objectives and activities are consistent with the goals of this 239 section. 240 5. Detailed information on the various programs, services, 241 and activities available to participants and the degree to which 242 the programs, services, and activities have been successfully 243 used by children. 244 6. Information on programs, services, and activities that 245 should be eliminated, continued, and added to the basic format 246 of the trust. 247 7. A financial statement. h) The trust..ees- ,1]<>11 "1aintain min"te.s-o.f,-each meeting, 249 including a record of all votes cast, and shall make such 250 minutes available to any interested person. 251 (7) Trustees shall serve without compensation but shall be 252 entitled to receive reimbursement for per diem and travel 253 expenses consistent with section 112.061, Florida Statutes. 254 (8) All financial statements of the district shall be ~ ~ 256 accepted governmental accounting principles. The financial 257 records shall also be available for audit by state auditors. 258 (9) Within 30 days after the end of each fiscal quarter, 259 the trust shall cause to be prepared and filed with the board a 260 financial report that shall include the following: 261 (a) The total expenditures of the trust for the most recent Page 9 of 13 CODING: Words otricJccn are deletions; words underlined are additions. 262 263 264 265 266 267 26B 269 270 271 272 273 274 275 276 ~ 27B 279 2BO 2B1 2B2 283 -2--'<. 285 286 2B7 2BB 289 290 F10rida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 34 of 38 37-01042-10 fiscal quarter. (b) The total receipts of the trust during the most recent fiscal quarter. (c) A statement of the funds that the trust has on hand, has invested, or has deposited with qualified public depositories at the end of the most recent fiscal quarter. (d) The total administrative costs of the trust for the most recent fiscal quarter. (10) The trustees of the trust shall comply with all fiscal and other requirements in section 125.901, Florida Statutes. Section 5. Fiscal year; budget.- (1) The fiscal year of the district or trust shall be the same as that of Collier County. (2) Before the end of each fiscal year, the trust shall prepare and adopt a tentative annual written budqet for the . ~, ,~~l ar that incl :~ expenditures and provision for a continqency fund. The tentative annual written budget shall be delivered to the board within 90 days before the end of each fiscal year. Included in each tentative annual written budget shall be an estimate of the millage rate necessary to be applied to raise the funds budqeted for expenditures, which millage rate shall not exceed a maximum ., '''' aeh---$1,-B-EH1-e~---a=essed vctluat.i..vH vI dJ: properties within the county that are subject to county taxes. The adopted budqet and final millage rate shall be certified and delivered to the board within 15 days after the trust's adoption of the final budqet and millaqe rate pursuant to chapter 200, Florida Statutes. (3) Neither the final nor any preliminary or tentative -- Page 10 of 13 CODING: Words otrielccn are deletions; words underlined are additions. 307 308 309 310 311 312 ~ 314 315 316 317 318 319 F10rida Senate - 2010 Agenda Item NO'1-;A-r April 13, 2010 Page 35 of 38 37-01042-10 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 budget of the trust shall be subject to change or modification by the board of county commissioners or any other authority. Section 6. Levying of ad valorem assessments; use and control of funds.-In order to provide funds for the trust, the trust may levy ad valorem taxes annually on all taxable property in Collier County in an amount no greater than the millage rate limit approved by the electorate in the countywide referendum pursuant to section 8, not to exceed one-half mill. The trust shall compute a proposed millage rate within the voter-approved limit necessary to fund the tentative budget and, prior to adopting a final budget, comply with the provisions of section 200.065, Florida Statutes, relating to the method of fixing millage, and shall fix the final millage rate by resolution of the trustees. All assessments collected under this act, as soon as is reasonably practicable after the collection thereof, shall be p.id dira~t]y to t~e t~lst by the tax collector and all other applicable county officials. The moneys so received by the trust shall be deposited in one or more investment accounts maintained by the trust. The trust's funds may be temporarily invested in such manner as public funds are generally approved for investment in the state. Except as otherwise provided, all disbursements shall require the signature of two persons, at .~----wOOm--m~~ -a--t-r-tl-s-t-Be .--'r~-h-a4r .EH'-a-fl-Y~ trustee or employee who signs checks on behalf of the trust shall secure a surety bond in the amount of at least $1,000 for each $1 million of funds assessed annually. The actual amount shall be determined by a majority of the trustees based on professional advice, which bond shall be conditioned that each trustee shall faithfully discharge the duties of his or her Page 11 of 13 CODING: Words otrioJccR are deletions; words underlined are additions. 336 337 338 339 340 341 --3-4 L 343 344 345 346 347 348 F10rida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 36 of 38 37-01042-10 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 ~~" office. No other trustee or employee shall be required to secure bonds or other security. The trust shall pay the cost and premiums for such bonds. No funds of the trust shall be expended except by check, except expenditures of a petty cash account that shall not at any time exceed $500. No funds of the trust may be expended unless they are in accord with its approved budget, but nothing shall prevent the trustees from periodically approving revisions to particular budget line items. Except for the expenditure of petty cash or issuance of checks made payable for sums no greater than $5,000, no funds of the trust shall be expended without prior written approval of the trustees. However, budgeted expenditures of $5,000 or less may be made by the chief executive officer of the trust without the prior written approval of the trustees but shall be reported to the trustees by written report during the month in which any such ~ .F wire transfers shall be deemed to be checks if written authorization for each wire transfer is obtained in the same manner as checks are approved. Section 7. Amendment and dissolution.-A district or trust that is created by this act may be amended only by special act of the Legislature. It may be dissolved by the electorate of Co' lier -€OUl,t~ in. a---re-f~eftGtlm appearing on the bal-l-&t----Hl--a primary, general, or special election or by virtue of the sunset provisions of section 8. Section 8. Referendum.-As a condition to the creation and establishment of the district or trust, it must be approved by a majority vote of the electorate of Collier County voting in a referendum appearing on the ballot in a primary, general, or Page 12 of 13 CODING: Words otrielcen are deletions; words underlined are additions. F10rida Senate - 2010 Agenda Item No. 12A April 13, 2010 Page 37 of 38 37-01042-10 349 special election. The decision to place the item on the ballot 350 for a referendum shall be made by the board of county 351 commissioners in the manner provided in section 125.901, Florida 352 Statutes. The referendum shall include provisions for the 353 district or trust to cease to exist, or for the authorization to 354 levy ad valorem assessments to cease at the end of a stated 355 sunset period of not more than 7 years and not less than 5 356 years, the actual number of years to be established in the 357 referendum approved by the board. If the initial referendum is 358 approved by the electorate, the district or trust may be 359 continued at the end of the sunset period by an affirmative vote 360 of the electorate in a subsequent referendum. 361 Section 9. This act shall take effect only upon its 362 approval by a majority vote of those qualified electors of 363 Collier County voting in a referendum to be held by the Board of in rt""lnjl1nrrlf"1n wirh 365 next primary, general, or special election in Collier County, 366 except that this section shall take effect upon this act 367 becoming a law. Page 13 of 13 CODING: Words otricJccfi are deletions; words underlined are additions. Agenda Item No. 12A April 13, 2010 Page 38 of 38 COLLIER CHILDREN'S TRUST PROPONENTS Name. address, and positioD. other principal officers Full Name MailiDfl Address Committee Title or PositioD Alan M. Horton 7023 Greentree Drive, Chairman and member cell 287-0889 Naples, FL 34108 home: 598-3373 alanmhorton@comcast.net Thomas G. Schneider 704 Turkey Oak Lane, Treasurer and member home:S98-188S Naples, FL 34108 tgschneider@comcast.net Richard C. Grant 151 Caribbean Road, Secretary and member ceU-564-930S Naples, FL 34108 I'l!rant(Qlgfoac.com Michael V. Reagen 10391 Regent Circle, member bome-S97-5238 Naples, FL 34109 -,~, Mikelalnaoleschamber.ol'l! John Sorey, ill 220 Gulf Sbore Blvd. N., member home-263-7588 Naples, FL 34102 isorev<a\naolesl!ov.com I ~J ., home-403-9477 Naples, FL 34103 -- 1m -._- .~