HB 761

1
A bill to be entitled
2An act relating to senior services; providing definitions;
3authorizing each county to create an independent special
4district by ordinance to provide funding for services for
5seniors; requiring approval by a majority vote of electors
6to annually levy ad valorem taxes; requiring the district
7to comply with statutory requirements related to the
8filing of financial or compliance reports; providing for
9the dissolution of the district; creating a governing
10council for the district; specifying criteria for
11membership to the council; providing terms of office;
12requiring the council to serve without compensation;
13specifying the powers and functions of the council;
14requiring the council to appoint a chair and vice chair
15and elect other officers, identify and assess the needs of
16seniors, provide training and orientation to new members
17of the council, make and adopt bylaws and rules for the
18council's operation and governance, and provide an annual
19report to the county governing body; requiring the council
20to maintain minutes of each meeting; authorizing two or
21more councils to enter into cooperative agreements;
22requiring the council to prepare a tentative annual budget
23and to compute a millage rate to fund the tentative
24budget; requiring that all tax moneys collected be paid
25directly to the council by the county tax collector and be
26deposited in qualified public depositories; specifying
27expenditures of funds; requiring the council to prepare
28and file quarterly financial reports to the county
29governing body; authorizing the county governing body to
30fund the budget of the council from its own funds after or
31during the council's first year of operation; prohibiting
32the council from requiring certain matching funds;
33providing legislative intent with respect to the use of
34funds collected by the council; providing a directive to
35the Division of Statutory Revision; providing an effective
36date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Services for seniors; independent special
41district; council; powers, duties, and functions.--
42     (1)  DEFINITIONS.--As used in this section, the term
43"senior" means a person who is at least 60 years of age.
44     (2)  SPECIAL DISTRICT.--Each county may create by ordinance
45an independent special district, as defined in ss. 189.403 and
46200.001, Florida Statutes, to provide countywide funding for
47senior services.
48     (a)  The boundaries of such district must be coterminous
49with the boundaries of the county.
50     (b)  The county governing body must obtain approval, by a
51majority vote of electors voting on the question, to annually
52levy ad valorem taxes within the maximum millage rate authorized
53by this section. A district created pursuant to this section
54shall levy and fix millage as provided in s. 200.065, Florida
55Statutes. Once the millage is approved, the district need not
56seek the electorate's approval to levy the approved millage in
57future years.
58     (c)  A district shall maintain the same fiscal year as the
59county.
60     (d)  A district shall comply with all other statutory
61requirements of general application that relate to the filing of
62any financial or compliance reports required under part III of
63chapter 218, Florida Statutes, or any other report or
64documentation required by law, including the requirements of ss.
65189.415, 189.417, and 189.418, Florida Statutes.
66     (e)  A district may be dissolved by a special act of the
67Legislature, or the county governing body may by ordinance
68dissolve the district subject to the approval of the electorate.
69A district may also be dissolved pursuant to s. 189.4042,
70Florida Statutes. If a district is dissolved, the county must
71first obligate itself to assume the debts, liabilities,
72contracts, and outstanding obligations of the district within
73the total millage available to the county for all county and
74municipal purposes as provided under s. 9, Art. VII of the State
75Constitution.
76     (f)  This section does not prohibit a county from
77exercising such power as is provided by general or special law
78to provide or fund services for seniors.
79     (3)  COUNCIL MEMBERSHIP.--
80     (a)  The district shall be governed by a 9-member council
81consisting of:
82     1.  Two permanent positions representing:
83     a.  The executive director of the area agency on aging or a
84designee who is a director of senior programs in the county.
85     b.  The county director of social services or a designee
86who is a director of elderly services.
87     2.  Three members each appointed for 2-year terms
88representing:
89     a.  The county governing body.
90     b.  The county's legislative delegation appointed by the
91delegation chair, who is a nonvoting member.
92     c.  The League of Cities in the county.
93     3.  Four members appointed by the Governor and
94representing, to the greatest extent possible, the cultural
95diversity of the county's population, of which at least one
96member is 60 years of age or older. All members appointed by the
97Governor must have been county residents during the previous 24
98months.
99     a.  Three names shall be submitted to the Governor by the
100county governing body for each vacancy. The Governor shall make
101a selection within 45 days after receipt or request a new list
102of candidates.
103     b.  The appointees shall each be appointed to 4-year terms
104and may be reappointed for one additional term of office. The
105length of the terms of the initial appointees shall be adjusted
106to stagger the terms.
107     c.  The Governor may remove a member for cause or upon the
108written petition of the county governing body. If any council
109member appointed by the Governor resigns, dies, or is removed
110from office, the vacancy shall be filled by appointment by the
111Governor, using the same method as the original appointment, and
112such appointment shall be for the unexpired term of the member
113who resigns, dies, or is removed from office.
114     (b)  Members of the council shall serve without
115compensation, but are entitled to receive reimbursement for per
116diem and travel expenses consistent with s. 112.061, Florida
117Statutes.
118     (4)  COUNCIL DUTIES.--
119     (a)  The council shall:
120     1.  Immediately after the members are appointed, elect a
121chair and vice chair from among its members and elect other
122officers as deemed necessary by the council.
123     2.  Immediately after the members are appointed and
124officers are elected, identify and assess the needs of seniors
125within the county and submit a written report to the county
126governing body which describes:
127     a.  The activities, services, and opportunities that will
128be provided to seniors.
129     b.  The manner in which seniors will be served, including a
130description of arrangements and agreements that will be made
131with community organizations, state and local educational
132agencies, federal agencies, public assistance agencies, the
133court system, guardianship groups, and other applicable public
134and private agencies and organizations.
135     c.  The anticipated schedule for providing those
136activities, services, and opportunities.
137     d.  The special outreach efforts that will be undertaken to
138provide services to seniors who are at risk, abused, or
139neglected, or who are ailing.
140     e.  The manner in which the council will seek and obtain
141funding for unmet needs.
142     f.  The strategy for interagency coordination in order to
143maximize existing human and fiscal resources.
144     3.  Provide training and orientation to all new members to
145allow them to perform their duties.
146     4.  Make and adopt bylaws and rules for the council's
147guidance, operation, governance, and maintenance which are
148consistent with applicable federal or state laws or county
149ordinances.
150     5.  Provide an annual written report, to be presented no
151later than January 1, to the county governing body. At a
152minimum, the annual report must include:
153     a.  Information on the effectiveness of activities,
154services, and programs offered by the district, including cost-
155effectiveness.
156     b.  A detailed anticipated budget for the continuation of
157activities, services, and programs offered by the district and a
158list of all sources of requested funding, both public and
159private.
160     c.  Procedures used for the early identification of at-risk
161seniors who need additional or continued services and methods
162for ensuring that the additional or continued services are
163received.
164     d.  A description of the degree to which the council's
165objectives and activities are consistent with the goals of this
166section.
167     e.  Detailed information on the various programs, services,
168and activities available to seniors.
169     f.  Information on programs, services, and activities that
170should be eliminated; programs, services, and activities that
171should be continued; and programs, services, and activities that
172should be added to the basic format of the council.
173     (b)  The council may:
174     1.  Provide and maintain in the county the preventive,
175developmental, treatment, and rehabilitative services for
176seniors which the council determines are needed for the general
177welfare of such persons.
178     2.  Provide any other services that the council determines
179are needed for the general welfare of seniors in the county.
180     3.  Allocate and provide funds to other county agencies
181that operate for the benefit of seniors.
182     4.  Collect information and statistical data and conduct
183research and assessments that are helpful to the council and the
184county in determining the needs of seniors in the county.
185     5.  Consult and coordinate with other agencies dedicated to
186the welfare of seniors in order to prevent the duplication of
187services.
188     6.  Seek grants from state, federal, and local agencies and
189accept donations from public and private sources.
190     7.  Lease or buy real estate, equipment, and personal
191property and construct buildings as needed to carry out the
192powers, functions, and duties of the district, except that such
193purchases may not be made or buildings constructed unless paid
194for with cash on hand or secured by funds deposited in a
195financial institution. This subparagraph does not authorize a
196district to issue bonds of any nature, and a district may not
197require the imposition of a bond by the county governing body.
198     8.  Employ, pay, and provide benefits for any part-time or
199full-time personnel needed to carry out the powers, functions,
200and duties of the district.
201     (c)  The council shall maintain minutes of each meeting,
202including a record of all votes cast, and shall make such
203minutes available to any interested person.
204     (d)  Two or more councils may enter into a cooperative
205agreement to:
206     1.  Share administrative costs, including staff and office
207space, if a more efficient or effective operation will result.
208The cooperative agreement must include provisions for
209apportioning costs between the councils, keeping separate and
210distinct financial records for each council, and resolving any
211conflicts that might arise under the agreement.
212     2.  Seek grants, accept donations, or jointly fund programs
213serving multicounty areas. The cooperative agreement must
214include provisions for the adequate accounting of separate and
215joint funds.
216     (5)  COUNCIL BUDGET.--
217     (a)  On or before July 1 of each year, the council shall
218prepare a tentative annual written budget of the district's
219expected income and expenditures, including a contingency fund.
220In addition, the council shall compute a proposed millage rate
221within the voter-approved cap necessary to fund the tentative
222budget and, prior to adopting a final budget, comply with s.
223200.065, Florida Statutes, relating to the method of fixing
224millage, and fix the final millage rate by resolution of the
225council. The adopted budget and final millage rate must be
226certified and delivered to the county governing body as soon as
227possible following the council's adoption of the final budget
228and millage rate under chapter 200, Florida Statutes. The
229adopted millage rate necessary to raise the funds budgeted for
230district operations and expenditures must be included in each
231certified budget. District millage may not exceed 0.5 mills of
232assessed valuation of all properties within the county that are
233subject to ad valorem county taxes.
234     (b)  After the budget of the district is certified and
235delivered to the county governing body, the budget may not be
236changed or modified by the governing body or any other
237authority.
238     (c)  As soon after collection as is reasonably practicable,
239all taxes collected under this section shall be paid directly to
240the council by the county's revenue-collection entity.
241     (d)  All moneys received by the council must be deposited
242in qualified public depositories, as defined in s. 280.02,
243Florida Statutes, with separate and distinguishable accounts
244established specifically for the council, and may be withdrawn
245only by checks signed by the chair of the council and
246countersigned by one other member of the council or by a chief
247executive officer authorized by the council.
248     1.  Upon taking office, the chair and the other member of
249the council or the chief executive officer authorized to sign
250checks shall each file a surety bond in the sum of at least
251$1,000 for each $1 million, or portion thereof, of the council's
252annual budget, which shall be conditioned upon the faithful
253discharge of the duties of his or her office. The premium on
254such bond may be paid by the district as part of the expenses of
255the council. Other members of the council are not required to
256give bond or other security.
257     2.  Funds of the district may be expended only by check,
258except expenditures from a petty cash account that may not
259exceed $100. All expenditures from petty cash must be recorded
260on the books and records of the council. Funds of the council,
261except expenditures from petty cash, may be expended only after
262prior approval of the council, in addition to the budgeting
263thereof.
264     (e)  After the expiration of each annual quarter, within 10
265business days, the council shall prepare and file with the
266county governing body a financial report that includes:
267     1.  The council's total expenditures for the quarter.
268     2.  The council's total receipts during the quarter.
269     3.  A statement of the funds the council has on hand, has
270invested, or has deposited with qualified public depositories at
271the end of the quarter.
272     4.  The council's total administrative costs for the
273quarter.
274     (f)  After or during the first year of operation of the
275council, the county governing body may fund in whole or in part
276the council's budget from its own funds.
277     (g)  The council may not require any public or private
278service provider to provide additional matching funds as a
279condition of the council's or district's providing services or
280programs to seniors.
281     (h)  It is the intent of the Legislature that the funds
282collected pursuant to this section be used to support
283improvements in services for seniors and that such funds not be
284used as a substitute for existing resources or for resources
285that would otherwise be available for such services.
286     Section 2.  The Division of Statutory Revision is directed
287to place this section in part V of chapter 125, Florida
288Statutes, and to appropriately retitle that part.
289     Section 3.  This act shall take effect July 1, 2009.


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