HB 1587

1
A bill to be entitled
2An act relating to seniors' services; authorizing each
3county to create an independent special district to
4provide funding for seniors' services; requiring approval
5by a majority vote of electors to annually levy ad valorem
6taxes not to exceed a certain maximum; creating a
7governing board for the special district; specifying
8criteria for membership to the governing board; providing
9terms of office; clarifying that a county may provide
10seniors' services or create a special district to provide
11such services by general or special law; specifying the
12powers and functions of a council on seniors' services;
13requiring each council to appoint a chair and a vice chair
14and elect officers, to identify and assess the needs of
15the seniors in the county served by the council, to
16provide training and orientation to new members of the
17council, to make and adopt bylaws and rules for the
18council's operation and governance, and to provide an
19annual written report to the governing body of the county;
20requiring the council to maintain minutes of each meeting
21and to serve without compensation; requiring the council
22to prepare a tentative annual written budget and to
23compute millage rate to fund the tentative budget;
24requiring that all tax money collected be paid directly to
25the council on seniors' services by the tax collector of
26the county and deposited in qualified public depositories;
27specifying expenditures of funds; requiring the council to
28prepare and file a financial report with the governing
29body of the county; providing that a district may be
30dissolved by a special act of the Legislature or by
31ordinance by the governing body of the county; specifying
32obligations of the county if a district is dissolved;
33providing that the governing body of a county may fund the
34budget of the council on seniors' services from its own
35funds after or during the council's first year of
36operation; requiring a special district to comply with
37statutory requirements related to the filing of a
38financial or compliance report; authorizing a county to
39create a dependent special district to provide certain
40services for seniors; authorizing the district to seek
41grants from several sources and to accept donations from
42public and private sources; providing legislative intent
43with respect to the use of funds collected by a council on
44seniors' services; providing that two or more councils on
45seniors' services may enter into a cooperative agreement
46to share administrative costs, staff, and office space and
47to seek grants, to accept donations, or to jointly fund
48programs serving multicounty areas; providing an effective
49date.
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  Seniors' services; independent special
54district; council; powers, duties, and functions.--
55     (1)  Each county may by ordinance create an independent
56special district, as defined in sections 189.403(3) and
57200.001(8)(e), Florida Statutes, to provide funding for seniors'
58services throughout the county. The boundaries of such district
59shall be coterminous with the boundaries of the county. The
60county governing body shall obtain approval, by a majority vote
61of those electors voting on the question, to annually levy ad
62valorem taxes that may not exceed the maximum millage rate
63authorized by this section. Any district created pursuant to
64this subsection shall levy and fix millage as provided in
65section 200.065, Florida Statutes. Once the millage is approved
66by the electorate, the district is not required to seek approval
67of the electorate in future years to levy the previously
68approved millage.
69     (a)  The governing board of the district shall be a council
70on seniors' services, which may also be known as an elderly
71advocacy board or similar name as established in the ordinance
72by the county governing body. The council shall consist of 10
73members, including the executive director of the area agency on
74aging or his or her designee who is a director of senior
75programs; the county director of human services or his or her
76designee who is a director of elderly services; one member of
77the county governing board; one nonvoting member of the
78legislative delegation for the county appointed by the
79delegation chair; and one county representative of the Florida
80League of Cities. The executive director of the area agency on
81aging and his or her designee and the county director of human
82services and his or her designee are permanent positions. The
83members from the county governing board, the legislative
84delegation, and the Florida League of Cities shall serve 2-year
85terms. The other five members shall be appointed by the Governor
86and shall represent, to the greatest extent possible, the
87cultural diversity of the county's population. A minimum of two
88of the five gubernatorial designees shall be 60 years of age or
89older. Recommendations for these memberships shall be provided
90by the county governing board. Three names shall be submitted
91for each vacancy, determined by category. The gubernatorial
92appointments will be for a 4-year term and may be reappointed
93for one additional term of office. The Governor shall make a
94selection within a 45-day period or request a new list of
95candidates. All members appointed by the Governor must have been
96residents of the county for the previous 24-month period. The
97length of the terms of the initial appointees shall be adjusted
98to stagger the terms. The Governor may remove a member for cause
99or upon the written petition of the county governing body. If
100any of the members of the council required to be appointed by
101the Governor resign, die, or are removed from office, the
102vacancy shall be filled by appointment by the Governor, using
103the same method as the original appointment, and such
104appointment to fill a vacancy shall be for the unexpired term of
105the person who resigns, dies, or is removed from office.
106     (b)  This subsection does not prohibit a county from
107exercising such power as is provided by general or special law
108to provide seniors' services or to create a special district to
109provide such services.
110     (2)(a)  Each council on seniors' services may:
111     1.  Provide and maintain in the county such preventive,
112developmental, treatment, and rehabilitative services for
113seniors as the council determines are needed for the general
114welfare of the county.
115     2.  Provide such other services for all seniors as the
116council determines are needed for the general welfare of the
117county.
118     3.  Allocate and provide funds for other agencies in the
119county which are operated for the benefit of seniors.
120     4.  Collect information and statistical data and conduct
121research that will be helpful to the council and the county in
122deciding the needs of seniors in the county.
123     5.  Consult and coordinate with other agencies dedicated to
124the welfare of seniors to the end that the overlapping of
125services will be prevented.
126     6.  Lease or buy real estate, equipment, and personal
127property and construct buildings as needed to execute the
128foregoing powers and functions, except that such purchases may
129not be made or building done unless paid for with cash on hand
130or secured by funds deposited in financial institutions. This
131subparagraph does not authorize a district to issue bonds of any
132nature and a district does not have the power to require the
133imposition of any bond by the governing body of the county.
134     7.  Employ, pay, and provide benefits for any part-time or
135full-time personnel needed to execute the foregoing powers and
136functions.
137     (b)  Each council on seniors' services shall:
138     1.  Immediately after the members are appointed, elect a
139chair and a vice chair from among its members, and elect other
140officers as deemed necessary by the council.
141     2.  Immediately after the members are appointed and
142officers are elected, identify and assess the needs of the
143seniors in the county served by the council and submit to the
144governing body of each county a written description of:
145     a.  The activities, services, and opportunities that will
146be provided to seniors.
147     b.  The anticipated schedule for providing those
148activities, services, and opportunities.
149     c.  The manner in which seniors will be served, including a
150description of arrangements and agreements which will be made
151with community organizations, state and local educational
152agencies, federal agencies, public assistance agencies, the
153court system, guardianship groups, and other applicable public
154and private agencies and organizations.
155     d.  The special outreach efforts that will be undertaken to
156provide services to at-risk, abused, or neglected seniors.
157     e.  The manner in which the council will seek and provide
158funding for unmet needs.
159     f.  The strategy that will be used for interagency
160coordination to maximize existing human and fiscal resources.
161     3.  Provide training and orientation to all new members
162sufficient to allow them to perform their duties.
163     4.  Make and adopt bylaws and rules for the council's
164guidance, operation, governance, and maintenance, if such rules
165are not inconsistent with federal or state laws or county
166ordinances.
167     5.  Provide an annual written report, to be presented no
168later than January 1 of each year, beginning in 2005, to the
169governing body of the county. The annual report must contain,
170but need not be limited to:
171     a.  Information on the effectiveness of activities,
172services, and programs offered by the council, including cost-
173effectiveness.
174     b.  A detailed anticipated budget for continuation of
175activities, services, and programs offered by the council, and a
176list of all sources of requested funding, both public and
177private.
178     c.  Procedures used for early identification of at-risk
179seniors who need additional or continued services and methods
180for ensuring that the additional or continued services are
181received.
182     d.  A description of the degree to which the council's
183objectives and activities are consistent with the goals of this
184section.
185     e.  Detailed information on the various programs, services,
186and activities available to participants and the degree to which
187the programs, services, and activities have been successfully
188used by seniors.
189     f.  Information on programs, services, and activities that
190should be eliminated; programs, services, and activities that
191should be continued; and programs, services, and activities that
192should be added to the basic format of the seniors' services
193council.
194     (c)  The council shall maintain minutes of each meeting,
195including a record of all votes cast, and shall make such
196minutes available to any interested person.
197     (d)  Members of the council shall serve without
198compensation, but are entitled to receive reimbursement for per
199diem and travel expenses consistent with section 112.061,
200Florida Statutes.
201     (3)(a)  The fiscal year of the district shall be the same
202as that of the county.
203     (b)  On or before July 1 of each year, the council on
204seniors' services shall prepare a tentative annual written
205budget of the district's expected income and expenditures,
206including a contingency fund. The council shall, in addition,
207compute a proposed millage rate within the voter-approved cap
208necessary to fund the tentative budget and, prior to adopting a
209final budget, comply with the provisions of section 200.065,
210Florida Statutes, relating to the method of fixing millage, and
211shall fix the final millage rate by resolution of the council.
212The adopted budget and final millage rate shall be certified and
213delivered to the governing body of the county as soon as
214possible following the council's adoption of the final budget
215and millage rate pursuant to chapter 200, Florida Statutes.
216Included in each certified budget shall be the millage rate,
217adopted by resolution of the council, necessary to be applied to
218raise the funds budgeted for district operations and
219expenditures. Any district millage may not exceed 0.5 mills of
220assessed valuation of all properties within the county which are
221subject to ad valorem county taxes.
222     (c)  After the budget of the district is certified and
223delivered to the governing body of the county, it may not be
224changed or modified by the governing body of the county or any
225other authority.
226     (d)  All tax money collected under this section, as soon
227after collection as is reasonably practicable, shall be paid
228directly to the council on seniors' services by the tax
229collector of the county, or the clerk of the circuit court if
230the clerk collects delinquent taxes.
231     (e)1.  All moneys received by the council on seniors'
232services shall be deposited in qualified public depositories, as
233defined in section 280.02, Florida Statutes, with separate and
234distinguishable accounts established specifically for the
235council and shall be withdrawn only by checks signed by the
236chair of the council and countersigned by one other member of
237the council on seniors' services or by a chief executive officer
238authorized by the council.
239     2.  Upon entering the duties of office, the chair and the
240other member of the council or chief executive officer who signs
241its checks shall each give a surety bond in the sum of at least
242$1,000 for each $1 million or portion thereof of the council's
243annual budget, which bond shall be conditioned that each shall
244faithfully discharge the duties of his or her office. The
245premium on such bond may be paid by the district as part of the
246expense of the council. No other member of the council shall be
247required to give bond or other security.
248     3.  Funds of the district may not be expended except by
249check, and except expenditures from a petty cash account, which
250may not at any time exceed $100. All expenditures from petty
251cash must be recorded on the books and records of the council on
252seniors' services. Funds of the council on seniors' services,
253excepting expenditures from petty cash, may not be expended
254without prior approval of the council, in addition to the
255budgeting thereof.
256     (f)  Within 10 days, exclusive of weekends and legal
257holidays, after the expiration of each quarter annual period,
258the council on seniors' services shall prepare and file with the
259governing body of the county a financial report that includes:
260     1.  The total expenditures of the council for the quarter
261annual period.
262     2.  The total receipts of the council during the quarter
263annual period.
264     3.  A statement of the funds the council has on hand, has
265invested, or has deposited with qualified public depositories at
266the end of the quarter annual period.
267     4.  The total administrative costs of the council for the
268quarter annual period.
269     (4)  Any district created pursuant to this section may be
270dissolved by a special act of the Legislature, or the county
271governing body may by ordinance dissolve the district subject to
272the approval of the electorate. If any district is dissolved
273pursuant to this subsection, each county shall first obligate
274itself to assume the debts, liabilities, contracts, and
275outstanding obligations of the district within the total millage
276available to the county governing body for all county and
277municipal purposes as provided for under section 9, Article VII
278of the State Constitution. Any district may also be dissolved
279pursuant to section 189.4042, Florida Statutes.
280     (5)  After or during the first year of operation of the
281council on seniors' services, the governing body of the county,
282at its option, may fund in whole or in part the budget of the
283council on seniors' services from its own funds.
284     (6)  Any district created pursuant to this section shall
285comply with all other statutory requirements of general
286application which relate to the filing of any financial reports
287or compliance reports required under part III of chapter 218,
288Florida Statutes, or any other report or documentation required
289by law, including the requirements of sections 189.415, 189.417,
290and 189.418, Florida Statutes.
291     (7)(a)  Each county may by ordinance create a dependent
292special district within the boundaries of the county for the
293purpose of providing preventive, developmental, treatment, and
294rehabilitative services for seniors. The district may seek
295grants from state, federal, and local agencies and accept
296donations from public and private sources, if the district
297complies with paragraphs (1)(a) and (2)(b) and has a budget that
298requires approval through an affirmative vote of the governing
299body of the county or may be vetoed by the governing body of the
300county.
301     (b)  If the provisions of a county charter relating to the
302membership of the governing board of a dependent special
303district conflict with paragraph(1)(a), a county may by
304ordinance create a dependent special district within the
305boundaries of the county for the purpose of providing
306preventive, developmental, treatment, and rehabilitative
307services for seniors and the district may seek grants from
308state, federal, and local agencies and accept donations from
309public and private sources, if the district complies with
310paragraph (2)(b) and has a budget that requires approval through
311an affirmative vote of the governing body of the county or may
312be vetoed by the governing body of the county.
313     (8)  It is the intent of the Legislature that the funds
314collected pursuant to this section be used to support
315improvements in seniors' services and that such funds not be
316used as a substitute for existing resources or for resources
317that would otherwise be available for seniors' services.
318     (9)  Two or more councils on seniors' services may enter
319into a cooperative agreement to share administrative costs,
320including, but not limited to, staff and office space, if a more
321efficient or effective operation will result. The cooperative
322agreement must include provisions on apportioning costs between
323the councils, keeping separate and distinct financial records
324for each council, and resolving any conflicts that might arise
325under the cooperative agreement.
326     (10)  Two or more councils on seniors' services may enter
327into a cooperative agreement to seek grants, to accept
328donations, or to jointly fund programs serving multicounty
329areas. The cooperative agreement must include provisions for the
330adequate accounting of separate and joint funds.
331     Section 2.  This act shall take effect upon becoming a law.


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