Ordinance 90-064 ORDINANCE NO. 90-__64 c~
AN ORDINANCE CONCERNING THE PROVISION OF -'
CHILDREN'S SUPPORT SERVICES THROUGHOUT COLLIER
COUNTY; CREATING A COUNTYWIDE SPECIAL TAXING~
DISTRICT; PROVIDING FOR A GOVERNING BODY TO ~
KNOWN AS THE CHILDREN'S SERVICES COUNCIL OF
COLLIER COUNTY; PROVIDING FOR THE MEMBERSHIP tl
AND DUTIES OF THE COUNCIL; PROVIDING FINANCIA~
'REQUIREMENTS AND BUDGET PROCEDURES;"PROVIDING~ ' '-::-- - ......
FOR AUTHORIZATION OF THE LEVY OF AD VALOREM
TAXES NOT TO EXCEED ONE-HALF MILL, SUBJECT TO
A REFERENDUM; SETTING FORTH A REFERENDUM
REQUIREMENT; PROVIDING FOR FILING WITH THE
SECRETARY OF STATE; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 125.901, Florida Statutes, authorizes each
county of the State of Florida to create an independent special
district to provide juvenile welfare services throughout the
county in accordance with said section; and
WHEREAS, the Board of County Commissioners, acting in its
capacity and authority as the governing body of Collier County,
Florida, has determined that it would serve the public interest to
establish said independent special district; and
WHEREAS it is the intent of the Board of County Commissioners
to create a Children's Services Council to govern the independent
special district to provide a needs assessment to the Board of
County Commissioners and to recommend a funding source, if needed.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. INTENT AND APPLICATION
It is the intent of the Board of County Commissioners to
exercise its capacity and authority to act as th,_: governing body
of Collier County for the purpose of creating an independent
special district to provide services for childre,~ throughout
Collier County in accordance with Section 125.901, Florida
Statutes. The boundaries of such district shall be coterminous
with the geographic boundaries of Collier County, Florida.
SECTION TWO. TITLE
This Ordinance may be cited as the "Children's Services
Council Ordinance".
SECTION THREE. CREATION OF AN INDEPENDENT SPECIAL DISTRICT
In accordance with the authority set forth in Section
125.901, Florida' Statutes, there Ss hereby created an'Independent:
Special District (District) to provide services for children
throughout Collier County. The governing body of the District
shall be a board to be known as the Children's Services Council of
Collier County (Council).
SECTION FOUR. MEMBERSHIP
The Children's Services Council of Collier County shall
consist of ten members, including the Superintendent of Schools, a
local School Board member (as selected by the School Board), the
District Administrator from the Florida Department of Health and
Rehabilitative Services or his designee, a member of the Board of
County Commissioners (as selected by the Chairman of the Board of
County Commissioners), and the judge assigned to juvenile cases
who shall sit as a voting member of the Council, except that said
Judge shall not vote or participate in the setting of ad valorem
taxes under this Ordinance. In the event there is more than one
Judge assigned to juvenile cases in Collier County, the chief
judge of the circuit shall designate one of said judges to serve
on the Council. The other five members of the Council shall be
appointed by the Governor and shall serve for terms of four (4)
years each. After soliciting recommendations from the public, the
Board of County Commissioners shall submit to the Governor the
names of at least three persons for each position among the five
members to be appointed by the Governor, and th.~ Governor shall
appoint members to the Council from the candida%es nominated by
the Board of County Commissioners. All members appointed by the
Governor shall have been residents of the county for the previous
24-month period. Such members so appointed sha~l serve for terms
of four years each, except that the length of the terms of the
initial appointees shall be ad~ed~stagger the terms. If any 600~ q.~ ?Ar.~
of the members of the Council required to be appointed by the
Governor under the provisions of this ordinance shall resign, die,
a~ bm ~emov,d from offica, the vacancy th.toby created shall
soon as practicable, be filled by the Governor, and such
appointment to fill a vacancy shall be for the unexpired term of
the'person'who resigns, dies?:or is removed-iron office.
SECTION FIVE. POWERS AND DUTIES
The Children's Services Council of Collier County shall have
the following powers and duties:
(a) To provide and maintain in the County such child
guidance, psychological or psychiatric clinics for children as the
Council detezT~ines are needed for the general public health,
safety and welfare of the County.
(b) To provide for the care of dependent children and to
provide such other services for all children as the Council
determines ars no.dad for the general public h~alth, safety and
welfare of the County.
(c) To allocate and provide funds for other agencies in the
County which are operated for the benefit of children, provided
they are not under the exclusive jurisdiction of the public school
system.
(d) To collect information and statistical data which will
be helpful to the Council in deciding the needs of children in the
County.
(e) To consult with other agencies dedicated to the welfare
of children to the end of that the overlapping of services will be
prevented.
(f) To lease or buy such real estate, equipment, and
personal property and to construct such buildings as are needed to
execute the foregoing powers and duties, provided that no such
purchases shall be made or building done except for cash with
funds on hand.
(g) To employ and pay, on a part-time or full-time basis,
personnel needed to execute the foregoing powers and duties.
(h) Books of account shall be kept by the Council or its
clerical assistants, and the fiscal affairs of the Council shall
be exclusively audit0d by state auditors as are assigned from time
to time to audit the affairs of the County officials, and may be
audited from time to time by the internal auditor for the Clerk of
(i) To levy taxes if approved by a referendum held pursuant
to Section 125.901, Florida Statutes.
(j) To accept gifts, grants and other sources of funding
from public and private entities.
Any of the foregoing powers and duties which relate to the
expenditure of funds by the District shall not be construed and
are not intended to impose any financial or funding responsibility
on the Board of County Commissioners or Collier County nor shall
same obligate the Board of County Commissioners to submit the
issue of a tax levy by referendum to the electors of Collier
County. =
SECTION SIX. FISCAL YEAR AND BUDGET
(a) The fiscal year of the District and Children's Services
Council shall be the same as that of Collier County.
(b) On or before July 1 of each year, the Children's
Services Council shall prepare and adopt an annual written budget
of its expected income and expenditures, including a contingency
fund. The written budget shall be certified and delivered to the
Board of County Commissioners on or before July i of each year.
Included in each certified budget shall be an estimate of the
millage rate necessary to be applied to raise the funds budgeted
for expenditure, which millage rate shall not exceed a maximum of
50 cents for each $1,000 of assessed valuation of all properties
within the County which are subject to County taxes.
(c) As approved by law, the budget of the Children's
Services Council, so certified and delivered to the Board of
County Commissioners, shall not be subject to change or
modification by the Board of County Commissioners or any other
authority.
SECTION SEVEN. LEVYING OF AD VALOREM TAXES
In order to provide funds for the Children's Services
Council, the District may levy ad valorem taxes annually on all
taxable property in the County in an amount~ not to exceed
(1/2) mill, provided that the authority to levy such taxes has
been approved by a majority vote of the electors of the District
voting in a countywide election to be held in accordance with the
requirements of the Constitution, the laws of Florida and as set
forth in this Ordinance. Such referendum shall be called only
upon the authority and pursuant to the direction of the Board of
County Commissioners by resolution. The Children's Services
Council shall present a needs assessment with a recommendation
regarding funding needs, if any, and funding source options prior
to submission of the question of tax levy to referendum. The tax
shall be assessed, levied and collected in the same manner and at
the same time as is provided by law for the le~y, collection, and
enforcement of collection of County taxes. All tax money
collected under this Ordinance, as soon after the collection
thereof as is reasonably practicable, shall be paid directly to
the Council by the Tax Collector. The moneys so received by the
Council shall be deposited in a special bank account, shall be
withdrawn only by checks signed by the chair of the Council and
countersigned by one other member of the Council, who shall be so
authorized by the Council. The chair and other members of the
Council who sign the Council's checks shall each give a surety
bond in the amount of one thousand dollars ($1,000.00), which bond
shall be conditioned such that each shall faithfully discharge the
duties of their office. No other member of the Council shall be
required to give bond or other security. No funds of the Council
shall be expended except by check as aforesaid, except
expenditures from a petty cash account which shall not at any time
39 ,'. 364
5
exceed twenty-five dollars ($25.00). Ail expenditures from petty
cash shall be recorded on the books and records of the Council.
No funds of the Council, except the expenditure of petty cash,
shall be expended without prior approval of the Council, in
addition to the budgeting thereof.
SECTION"EIGHT. 'FINANCIAL REPORTING AND FUNDING' ...... : ............
(a) Within ten days after the expiration of each quarter of
an annual period, the Council shall cause to be prepared and filed
with the Board of County Commissioners a financial report which
shall include the following:
(1) The total expenditures of the Council for the
preceding quarter.
(2) The total receipts of the Council for the preceding
quarter.
(3) A statement of the funds which the Council has on
hand or in banks at the end of the preceding quarter.
(b) '"After the first year of operation of the Council, the
Board of County Commissioners may, at its option, fund the budget
of the Council from its own funds.
SECTION NINE. REFERENDUM REQUIREMENT
(a) The authority of the Council to exercise the taxing
authority within the District as set forth in Section Seven hereby
shall be presented for approval by placing the question on the
ballot to the Collier County electorate at a referendum election
to be called at the discretion and by resolution of the Board.·of
County Commissioners.
(b) The question on the ballot shall be substantially as
follows:
AD VALOREM TAX LEVY TO FUND THE
CHILDREN'S SERVICES COUNCIL
Shall the Children's Services Council created by Ordinance
No. 90- 64 to provide improvement of services for children
throughout Collier County be granted the authority to levy each
year an ad valorem tax not to exceed one-half mill to fund such
services for children?
~' YES (for approval)
NO (for rejection)
SECTION TEN. CONFLICT AND SEVERABILITY
In the'~"event' this Ordinance c0nflt6t~-~ith¥~nY"-other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a separate,
distinot, and tndQpendent provision and such holding shall not
affect the validity of the remaining portion.
SECTION ELEVEN. EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this .~/J~ day ofw.;~-~ , 1990.
.ATTEST: {;/ .. BOARD OF COUNTY COMMISSIONERS
~." JAMES.. C"' GI~.'.E~, Cler/k OF COLLIER COUNTY, FLORIDA
L ../ .. .. .:' ~: MA~ A: HASSE, FR., Chairman
Approved?,as to. form and
legal~'sufficiency:
~-oC Brenda C. Wi/?son
Assistant County Attorney
lret~O, ofStat~% Of{Ic~th~
ond ocknow~edgeme_nt of I~ot
flli~3g received tl3~s_~,~ day ·
....................................... il
STATE OF FLORIDA ) "~";~'l
1.?...~ COUNTY OF COLLIER ) ':':~!:
:--I, JAMES C. GILES, Clerk of Courts in and for the
,...:"::' Twentieth Judicial Circuit, Collier County, Florida, do '~'
hereby certify that the foregoing ts a true copy of:
Ordinance No. 90-64
which was adopted by the Board of County Commissioners on
the 31st day of July, 1990, during Regular Session.
'~':i:~ . WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 2nd
day of August, 1990.
JAMES C. GILES
Clerk of Courts and Cler~.'
Ex-officio to Board of ',
County Commissioners .
8¥: /s/Maureen Kenyon "~9 .' '
Deputy Clerk
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