Bill Text: FL H1227 | 2010 | Regular Session | Introduced

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Bill Title: Children's Services

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Military & Local Affairs Policy (EDCA), companion bill(s) passed, see CS/CS/CS/SB 2014 (Ch. 2010-210) [H1227 Detail]

Download: Florida-2010-H1227-Introduced.html

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HB 1227

1	A bill to be entitled
2	An act relating to children's services; amending s.
3	125.901, F.S.; revising the membership of councils on
4	children's services; requiring the governing body of the
5	county to approve the purchase of real estate or the
6	construction of a building by a council on children's
7	services; requiring a council on children's services to
8	submit a tentative budget and proposed millage rate to the
9	governing body of the county; requiring the governing body
10	of the county to take public testimony on the council's
11	tentative budget and proposed millage rate; providing for
12	the governing body of the county to approve the budget
13	before final adoption by a council on children's services;
14	specifying that millage levied and fixed by a council on
15	children's services does not count against the millage
16	limit applicable to the county under the State
17	Constitution; limiting the authority of the governing body
18	of the county over funds related to the council on
19	children's services; requiring the governing body of the
20	county to take public testimony on the effectiveness of a
21	council on children's services; requiring the electors of
22	a county to periodically vote on whether to retain or
23	dissolve a council on children's services; requiring a
24	council on children's services to give priority in the use
25	of funds to the provision of children's services rather
26	than to the purchase of real estate or the construction of
27	buildings; expressing legislative intent on application of
28	the act; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1. Section 125.901, Florida Statutes, is amended
33	to read:
34	125.901 Children's services; independent special district;
35	council; powers, duties, and functions; public records
36	exemption.-
37	(1) Each county may by ordinance create an independent
38	special district, as defined in ss. 189.403(3) and
39	200.001(8)(e), to provide funding for children's services
40	throughout the county in accordance with this section. The
41	boundaries of such district shall be coterminous with the
42	boundaries of the county. The county governing body must shall
43	obtain approval, by a majority vote of those electors voting on
44	the question, to annually levy ad valorem taxes that may which
45	shall not exceed the maximum millage rate authorized by this
46	section. Any district created pursuant to the provisions of this
47	subsection shall be required to levy and fix millage subject to
48	the provisions of s. 200.065. Once such millage is approved by
49	the electorate, the district may shall not be required to seek
50	approval of the electorate in future years to levy the
51	previously approved millage.
52	(a) The governing board of the district shall be a council
53	on children's services, which may also be known as a juvenile
54	welfare board or similar name as established in the ordinance by
55	the county governing body. Such council shall consist of 11 10
56	members, including: the superintendent of schools; a local
57	school board member; the district administrator from the
58	appropriate district of the Department of Children and Family
59	Services, or his or her designee who is a member of the Senior
60	Management Service or of the Selected Exempt Service; two
61	members one member of the county governing body; and the judge
62	assigned to juvenile cases, who shall sit as a voting member of
63	the board, except that the said judge may shall not vote or
64	participate in the setting of ad valorem taxes under this
65	section. If there is more than one judge is assigned to juvenile
66	cases in a county, the chief judge shall designate one of the
67	said juvenile judges to serve on the board. The remaining five
68	members shall be appointed by the Governor, and shall, to the
69	extent possible, represent the demographic diversity of the
70	population of the county. After soliciting recommendations from
71	the public, the county governing body shall submit to the
72	Governor the names of at least three persons for each vacancy
73	occurring among the five members appointed by the Governor, and
74	the Governor shall appoint members to the council from the
75	candidates nominated by the county governing body. The Governor
76	shall make a selection within a 45-day period or request a new
77	list of candidates. All members appointed by the Governor must
78	shall have been residents of the county for the previous 24-
79	month period. Such members shall be appointed for 4-year terms,
80	except that the length of the terms of the initial appointees
81	shall be adjusted to stagger the terms. The Governor may remove
82	a member for cause or upon the written petition of the county
83	governing body. If any of the members of the council required to
84	be appointed by the Governor under the provisions of this
85	subsection shall resign, die, or are be removed from office, the
86	vacancy thereby created shall, as soon as practicable, be filled
87	by appointment by the Governor, using the same method as the
88	original appointment, and such appointment to fill a vacancy
89	shall be for the unexpired term of the person who resigns, dies,
90	or is removed from office.
91	(b) However, any county as defined in s. 125.011(1) may
92	instead have a governing board consisting of 33 members,
93	including: the superintendent of schools; two representatives of
94	public postsecondary education institutions located in the
95	county; the county manager or the equivalent county officer; the
96	district administrator from the appropriate district of the
97	Department of Children and Family Services, or the
98	administrator's designee who is a member of the Senior
99	Management Service or the Selected Exempt Service; the director
100	of the county health department or the director's designee; the
101	state attorney for the county or the state attorney's designee;
102	the chief judge assigned to juvenile cases, or another juvenile
103	judge who is the chief judge's designee and who shall sit as a
104	voting member of the board, except that the judge may not vote
105	or participate in setting ad valorem taxes under this section;
106	an individual who is selected by the board of the local United
107	Way or its equivalent; a member of a locally recognized faith-
108	based coalition, selected by that coalition; a member of the
109	local chamber of commerce, selected by that chamber or, if more
110	than one chamber exists within the county, a person selected by
111	a coalition of the local chambers; a member of the early
112	learning coalition, selected by that coalition; a representative
113	of a labor organization or union active in the county; a member
114	of a local alliance or coalition engaged in cross-system
115	planning for health and social service delivery in the county,
116	selected by that alliance or coalition; a member of the local
117	Parent-Teachers Association/Parent-Teacher-Student Association,
118	selected by that association; a youth representative selected by
119	the local school system's student government; a local school
120	board member appointed by the chair of the school board; the
121	mayor of the county or the mayor's designee; one member of the
122	county governing body, appointed by the chair of that body; a
123	member of the state Legislature who represents residents of the
124	county, selected by the chair of the local legislative
125	delegation; an elected official representing the residents of a
126	municipality in the county, selected by the county municipal
127	league; and four 4 members-at-large, appointed to the council by
128	the majority of sitting council members. The remaining seven 7
129	members shall be appointed by the Governor pursuant to in
130	accordance with procedures set forth in paragraph (a), except
131	that the Governor may remove a member for cause or upon the
132	written petition of the council. Appointments by the Governor
133	must, to the extent reasonably possible, represent the
134	geographic and demographic diversity of the population of the
135	county. Members who are appointed to the council by reason of
136	their position are not subject to the length of terms and limits
137	on consecutive terms as provided in this section. The remaining
138	appointed members of the governing board shall be appointed to
139	serve 2-year terms, except that those members appointed by the
140	Governor shall be appointed to serve 4-year terms, and the youth
141	representative and the legislative delegate shall be appointed
142	to serve 1-year terms. A member may be reappointed.; However, a
143	member may not serve for more than three consecutive terms. A
144	member is eligible to be appointed again after a 2-year hiatus
145	from the council.
146	(c) This subsection does not prohibit a county from
147	exercising such power as is provided by general or special law
148	to provide children's services or to create a special district
149	to provide such services.
150	(2)(a) Each council on children's services shall have all
151	of the following powers and functions:
152	1. To provide and maintain in the county such preventive,
153	developmental, treatment, and rehabilitative services for
154	children as the council determines are needed for the general
155	welfare of the county.
156	2. To provide such other services for all children as the
157	council determines are needed for the general welfare of the
158	county.
159	3. To allocate and provide funds for other agencies in the
160	county which are operated for the benefit of children, if those
161	funds provided they are not under the exclusive jurisdiction of
162	the public school system.
163	4. To collect information and statistical data and to
164	conduct research that which will be helpful to the council and
165	the county in deciding the needs of children in the county.
166	5. To consult and coordinate with other agencies dedicated
167	to the welfare of children to the end that the overlapping of
168	services will be prevented.
169	6. To lease or buy such real estate, equipment, and
170	personal property and to construct such buildings as are needed
171	to execute the foregoing powers and functions, except provided
172	that no such purchases may not shall be made or building done
173	unless paid for with cash on hand or secured by funds deposited
174	in financial institutions. The governing body of the county must
175	approve by resolution the purchase of real estate or the
176	construction of a building by the council. Nothing in This
177	subparagraph does not shall be construed to authorize a district
178	to issue bonds of any nature, and nor shall a district may not
179	have the power to require the imposition of any bond by the
180	governing body of the county.
181	7. To employ, pay, and provide benefits for any part-time
182	or full-time personnel needed to execute the foregoing powers
183	and functions.
184	(b) Each council on children's services shall:
185	1. Immediately after the members are appointed, elect a
186	chair and a vice chair from among its members, and elect other
187	officers as deemed necessary by the council.
188	2. Immediately after the members are appointed and
189	officers are elected, identify and assess the needs of the
190	children in the county served by the council and submit to the
191	governing body of each county a written description of:
192	a. The activities, services, and opportunities that will
193	be provided to children.
194	b. The anticipated schedule for providing those
195	activities, services, and opportunities.
196	c. The manner in which children will be served, including
197	a description of arrangements and agreements that which will be
198	made with community organizations, state and local educational
199	agencies, federal agencies, public assistance agencies, the
200	juvenile courts, foster care agencies, and other applicable
201	public and private agencies and organizations.
202	d. The special outreach efforts that will be undertaken to
203	provide services to at-risk, abused, or neglected children.
204	e. The manner in which the council will seek and provide
205	funding for unmet needs.
206	f. The strategy that which will be used for interagency
207	coordination to maximize existing human and fiscal resources.
208	3. Provide training and orientation to all new members
209	sufficient to allow them to perform their duties.
210	4. Make and adopt bylaws and rules and regulations for the
211	council's guidance, operation, governance, and maintenance
212	which, provided such rules and regulations are not inconsistent
213	with federal or state laws or county ordinances.
214	5. Provide an annual written report, to be presented no
215	later than January 1, to the governing body of the county. The
216	annual report shall contain, but need not be limited to, the
217	following information:
218	a. Information on the effectiveness of activities,
219	services, and programs offered by the council, including cost-
220	effectiveness.
221	b. A detailed anticipated budget for continuation of
222	activities, services, and programs offered by the council, and a
223	list of all sources of requested funding, both public and
224	private.
225	c. Procedures used for early identification of at-risk
226	children who need additional or continued services and methods
227	for ensuring that the additional or continued services are
228	received.
229	d. A description of the degree to which the council's
230	objectives and activities are consistent with the goals of this
231	section.
232	e. Detailed information on the various programs, services,
233	and activities available to participants and the degree to which
234	the programs, services, and activities have been successfully
235	used by children.
236	f. Information on programs, services, and activities that
237	should be eliminated; programs, services, and activities that
238	should be continued; and programs, services, and activities that
239	should be added to the basic format of the children's services
240	council.
241	(c) The council shall maintain minutes of each meeting,
242	including a record of all votes cast, and shall make such
243	minutes available to any interested person.
244	(d) Members of the council shall serve without
245	compensation, but are shall be entitled to receive reimbursement
246	for per diem and travel expenses consistent with the provisions
247	of s. 112.061.
248	(3)(a) The fiscal year of the district shall be the same
249	as that of the county.
250	(b)1. On or before June 15 July 1 of each year, the
251	council on children's services shall prepare and submit to the
252	governing body of the county a tentative annual written budget
253	of the district's expected income and expenditures, including a
254	contingency fund. The council shall, in addition, compute and
255	submit to the governing body of the county a proposed millage
256	rate within the voter-approved cap necessary to fund the
257	tentative budget and, prior to adopting a final budget, comply
258	with the provisions of s. 200.065, relating to the method of
259	fixing millage, and shall fix the final millage rate by
260	resolution of the council. The council shall include with the
261	submissions the council's rationale for the budget and millage
262	rate, as well as a detailed explanation for any significant
263	changes in the proposed use of funds from the prior year's
264	approved budget.
265	2.a. Within 20 days after receiving the tentative budget
266	and proposed millage rate from the council, the governing body
267	of the county shall hold a public hearing and receive public
268	testimony on the tentative budget and proposed millage rate. The
269	governing body of the county shall by resolution approve the
270	budget or reject it and direct the council to submit a revised
271	tentative budget within 10 days for approval or rejection by the
272	governing body. The council may not adopt a final budget until
273	the budget has been approved by the governing body.
274	b. The authority under this subparagraph for the governing
275	body of the county to approve the budget of the council does
276	not:
277	(I) Cause the millage levied and fixed by the council to
278	count toward the maximum millage authorized for all county
279	purposes under s. 9, Art. VII of the State Constitution;
280	(II) Authorize the governing body of the county to require
281	the council to expend funds generated from the levy of ad
282	valorem taxes under this section for purposes other than
283	children's services; or
284	(III) Authorize the governing body of the county to expend
285	funds generated from the levy of ad valorem taxes under this
286	section.
287	3. Before adopting a final budget, the council must comply
288	with the provisions of s. 200.065, relating to the method of
289	fixing millage, and shall fix the final millage rate by
290	resolution of the council.
291	4. The adopted budget and final millage rate shall be
292	certified and delivered to the governing body of the county as
293	soon as possible following the council's adoption of the final
294	budget and millage rate pursuant to chapter 200. Included in
295	each certified budget shall be the millage rate, adopted by
296	resolution of the council, necessary to be applied to raise the
297	funds budgeted for district operations and expenditures. In no
298	circumstances, however, shall any district levy millage to
299	exceed a maximum of 0.5 mills of assessed valuation of all
300	properties within the county which are subject to ad valorem
301	county taxes.
302	(c) The adopted budget of the district so certified and
303	delivered to the governing body of the county under paragraph
304	(b) is shall not be subject to change or modification by the
305	governing body of the county or any other authority.
306	(d) All tax money collected under this section, as soon
307	after the collection thereof as is reasonably practicable, shall
308	be paid directly to the council on children's services by the
309	tax collector of the county, or the clerk of the circuit court
310	if the clerk collects delinquent taxes.
311	(e)1. All moneys received by the council on children's
312	services shall be deposited in qualified public depositories, as
313	defined in s. 280.02, with separate and distinguishable accounts
314	established specifically for the council and shall be withdrawn
315	only by checks signed by the chair of the council and
316	countersigned by either one other member of the council on
317	children's services or by a chief executive officer who shall be
318	so authorized by the council.
319	2. Upon entering the duties of office, the chair and the
320	other member of the council or chief executive officer who signs
321	its checks shall each give a surety bond in the sum of at least
322	$1,000 for each $1 million or portion thereof of the council's
323	annual budget, which bond shall be conditioned that each shall
324	faithfully discharge the duties of his or her office. The
325	premium on such bond may be paid by the district as part of the
326	expense of the council. No other member of the council shall be
327	required to give bond or other security.
328	3. No Funds of the district may not shall be expended
329	except by check as aforesaid, except for expenditures from a
330	petty cash account, which may shall not at any time exceed $100.
331	All expenditures from petty cash shall be recorded on the books
332	and records of the council on children's services. No Funds of
333	the council on children's services, except excepting
334	expenditures from petty cash, may not shall be expended without
335	prior approval of the council, in addition to the budgeting
336	thereof.
337	(f) Within 10 days, exclusive of weekends and legal
338	holidays, after the expiration of each quarter annual period,
339	the council on children's services shall cause to be prepared
340	and filed with the governing body of the county a financial
341	report that includes which shall include the following:
342	1. The total expenditures of the council for the quarter
343	annual period.
344	2. The total receipts of the council during the quarter
345	annual period.
346	3. A statement of the funds the council has on hand, has
347	invested, or has deposited with qualified public depositories at
348	the end of the quarter annual period.
349	4. The total administrative costs of the council for the
350	quarter annual period.
351	(4)(a) Any district created pursuant to the provisions of
352	this section may be dissolved by a special act of the
353	Legislature, or the county governing body may by ordinance
354	dissolve the district subject to the approval of the electorate.
355	(b) Notwithstanding paragraph (a), beginning in May 2016,
356	and in May every 8 years thereafter, the governing body of the
357	county shall hear public testimony relating to the effectiveness
358	of the council on children's services and shall submit the
359	question of retention or dissolution of the district to the
360	electors in the August primary election immediately following
361	the hearing. If the electorate votes to dissolve the district,
362	the district shall be dissolved.
363
364	If any district is dissolved pursuant to the provisions of this
365	subsection, each county must shall first obligate itself to
366	assume the debts, liabilities, contracts, and outstanding
367	obligations of the district within the total millage available
368	to the county governing body for all county and municipal
369	purposes as provided for under s. 9, Art. VII of the State
370	Constitution. Any district may also be dissolved pursuant to the
371	provisions of s. 189.4042.
372	(5) After or during the first year of operation of the
373	council on children's services, the governing body of the
374	county, at its option, may fund in whole or in part the budget
375	of the council on children's services from its own funds.
376	(6) Any district created pursuant to the provisions of
377	this section shall comply with all other statutory requirements
378	of general application which relate to the filing of any
379	financial reports or compliance reports required under part III
380	of chapter 218, or any other report or documentation required by
381	law, including the requirements of ss. 189.415, 189.417, and
382	189.418.
383	(7)(a) Each county may by ordinance create a dependent
384	special district within the boundaries of the county for the
385	purpose of providing preventive, developmental, treatment, and
386	rehabilitative services for children. The district may is
387	authorized to seek grants from state, federal, and local
388	agencies and to accept donations from public and private sources
389	if, provided that the district complies with the provisions of
390	paragraphs (1)(a) and (2)(b), and provided that the district has
391	a budget that requires approval through an affirmative vote of
392	the governing body of the county or that may be vetoed by the
393	governing body of the county.
394	(b) If the provisions of a county charter relating to the
395	membership of the governing board of a dependent special
396	district conflict with paragraph (1)(a), a county may by
397	ordinance create a dependent special district within the
398	boundaries of the county for the purpose of providing
399	preventive, developmental, treatment, and rehabilitative
400	services for children, and the district may shall be authorized
401	to seek grants from state, federal, and local agencies and to
402	accept donations from public and private sources if, provided
403	that the district complies with the provisions of paragraph
404	(2)(b), and provided that the district has a budget that
405	requires approval through an affirmative vote of the governing
406	body of the county or that may be vetoed by the governing body
407	of the county.
408	(8) It is the intent of the Legislature that the funds
409	collected pursuant to the provisions of this section shall be
410	used to support improvements in children's services and that
411	such funds may shall not be used as a substitute for existing
412	resources or for resources that would otherwise be available for
413	children's services. The council on children's services shall
414	give priority in the use of funds under this section to the
415	provision of children's services rather than to the purchase of
416	real estate or the construction of buildings.
417	(9) Two or more councils on children's services may enter
418	into a cooperative agreement to share administrative costs,
419	including, but not limited to, staff and office space, if a more
420	efficient or effective operation will result. The cooperative
421	agreement shall include provisions on apportioning costs between
422	the councils, keeping separate and distinct financial records
423	for each council, and resolving any conflicts that might arise
424	under the cooperative agreement.
425	(10) Two or more councils on children's services may enter
426	into a cooperative agreement to seek grants, to accept
427	donations, or to jointly fund programs serving multicounty
428	areas. The cooperative agreement shall include provisions for
429	the adequate accounting of separate and joint funds.
430	(11) Personal identifying information of a child or the
431	parent or guardian of the child, held by a council on children's
432	services, juvenile welfare board, or other similar entity
433	created under this section or by special law, or held by a
434	service provider or researcher under contract with such entity,
435	is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
436	Constitution. This exemption applies to such information held
437	before, on, or after the effective date of this exemption.
438	Section 2. It is the intent of the Legislature that the
439	revisions made by this act to s. 125.901, Florida Statutes,
440	apply to any council on children's services in existence on the
441	effective date of this act and to any council created on or
442	after the effective date of this act. It is further the intent
443	of the Legislature that the revisions made by this act to the
444	process by which a council develops a budget for the special
445	district apply to the budget for the 2010-2011 fiscal year of
446	the district.
447	Section 3. This act shall take effect upon becoming a law.

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