1 | The Committee on Local Government & Veterans' Affairs recommends |
2 | the following: |
3 |
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4 | Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to seniors' services; creating s. 125.903, |
8 | F.S.; authorizing each county to create an independent |
9 | special district to provide funding for seniors' services; |
10 | requiring approval by a majority vote of electors to |
11 | annually levy ad valorem taxes not to exceed a certain |
12 | maximum; creating a governing board for the special |
13 | district; specifying criteria for membership to the |
14 | governing board; providing terms of office; clarifying |
15 | that a county may provide seniors' services as provided by |
16 | general or special law or may create a special district by |
17 | ordinance to provide such services; specifying the powers |
18 | and functions of a council on seniors' services; requiring |
19 | each council to appoint a chair and a vice chair and to |
20 | elect officers; providing duties and responsibilities of |
21 | the council; requiring the council to serve without |
22 | compensation; specifying expenditures of funds; providing |
23 | that a district may be dissolved by a special act of the |
24 | Legislature or by ordinance of the governing body of the |
25 | county; specifying obligations of the county if a district |
26 | is dissolved; providing that the governing body of a |
27 | county may fund the budget of the council on seniors' |
28 | services from its own funds after or during the council's |
29 | first year of operation; requiring a special district to |
30 | comply with statutory requirements related to the filing |
31 | of a financial or compliance report; authorizing a county |
32 | to create a dependent special district to provide certain |
33 | services for seniors; authorizing the district to seek |
34 | grants from several sources and to accept donations from |
35 | public and private sources; providing legislative intent |
36 | with respect to the use of funds collected by a council on |
37 | seniors' services; providing that two or more councils on |
38 | seniors' services may enter into a cooperative agreement |
39 | to share administrative costs, staff, and office space and |
40 | to seek grants, accept donations, or jointly fund programs |
41 | serving multicounty areas; redesignating pt. V of ch. 125, |
42 | F.S., as "Children's and Seniors' Services"; amending s. |
43 | 189.404, F.S., relating to authority to create an |
44 | independent special district, to conform; providing an |
45 | effective date. |
46 |
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47 | Be It Enacted By the Legislature of the State of Florida: |
48 |
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49 | Section 1. Section 125.903, Florida Statutes, is created |
50 | to read: |
51 | 125.903 Seniors' services; independent special district; |
52 | council; powers, duties, and functions.-- |
53 | (1) Each county may by ordinance create an independent |
54 | special district, as defined in ss. 189.403(3) and |
55 | 200.001(8)(e), to provide funding for seniors' services |
56 | throughout the county. The boundaries of such district shall be |
57 | coterminous with the boundaries of the county. The county |
58 | governing body shall obtain approval, by a majority vote of |
59 | those electors voting on the question, to annually levy ad |
60 | valorem taxes that may not exceed the maximum millage rate |
61 | authorized by this section. Any district created pursuant to |
62 | this subsection shall levy and fix millage as provided in s. |
63 | 200.065. Once the millage is approved by the electorate, the |
64 | district is not required to seek approval of the electorate in |
65 | future years to levy the previously approved millage. |
66 | (a) The governing board of the district shall be a council |
67 | on seniors' services, which may also be known as an elderly |
68 | advocacy board or similar name as established in the ordinance |
69 | by the county governing body. The council shall consist of 10 |
70 | members, including the executive director of the area agency on |
71 | aging or his or her designee who is a director of senior |
72 | programs; the county director of human services or his or her |
73 | designee who is a director of elderly services; one member of |
74 | the county governing board; one nonvoting member of the |
75 | legislative delegation for the county appointed by the |
76 | delegation chair; and one county representative of the Florida |
77 | League of Cities. The executive director of the area agency on |
78 | aging and his or her designee and the county director of human |
79 | services and his or her designee are permanent positions. The |
80 | members from the county governing board, the legislative |
81 | delegation, and the Florida League of Cities shall serve 2-year |
82 | terms. The other five members shall be appointed by the Governor |
83 | and shall represent, to the greatest extent possible, the |
84 | cultural diversity of the county's population. A minimum of two |
85 | of the five gubernatorial designees shall be 60 years of age or |
86 | older. Recommendations for these memberships shall be provided |
87 | by the county governing board. Three names shall be submitted |
88 | for each vacancy, determined by category. The gubernatorial |
89 | appointments shall be for a 4-year term and may be reappointed |
90 | for one additional term of office. The Governor shall make a |
91 | selection within a 45-day period or request a new list of |
92 | candidates. All members appointed by the Governor must have been |
93 | residents of the county for the previous 24-month period. The |
94 | length of the terms of the initial appointees shall be adjusted |
95 | to stagger the terms. The Governor may remove a member for cause |
96 | or upon the written petition of the county governing body. If |
97 | any of the members of the council required to be appointed by |
98 | the Governor resign, die, or are removed from office, the |
99 | vacancy shall be filled by appointment by the Governor, using |
100 | the same method as the original appointment, and such |
101 | appointment to fill a vacancy shall be for the unexpired term of |
102 | the person who resigns, dies, or is removed from office. |
103 | (b) This subsection does not prohibit a county from |
104 | exercising such power as is provided by general or special law |
105 | to provide seniors' services or to create a special district to |
106 | provide such services. |
107 | (2)(a) Each council on seniors' services may: |
108 | 1. Provide and maintain in the county such preventive, |
109 | developmental, treatment, and rehabilitative services for |
110 | seniors as the council determines are needed for the general |
111 | welfare of the county. |
112 | 2. Provide such other services for all seniors as the |
113 | council determines are needed for the general welfare of the |
114 | county. |
115 | 3. Allocate and provide funds for other agencies in the |
116 | county which are operated for the benefit of seniors. |
117 | 4. Collect information and statistical data and conduct |
118 | research that will be helpful to the council and the county in |
119 | deciding the needs of seniors in the county. |
120 | 5. Consult and coordinate with other agencies dedicated to |
121 | the welfare of seniors to the end that the overlapping of |
122 | services will be prevented. |
123 | 6. Lease or buy real estate, equipment, and personal |
124 | property and construct buildings as needed to execute the |
125 | foregoing powers and functions, except that such purchases may |
126 | not be made or building done unless paid for with cash on hand |
127 | or secured by funds deposited in financial institutions. This |
128 | subparagraph does not authorize a district to issue bonds of any |
129 | nature and a district does not have the power to require the |
130 | imposition of any bond by the governing body of the county. |
131 | 7. Employ, pay, and provide benefits for any part-time or |
132 | full-time personnel needed to execute the foregoing powers and |
133 | functions. |
134 | (b) Each council on seniors' services shall: |
135 | 1. Elect a chair and a vice chair from among its members, |
136 | and elect other officers as deemed necessary by the council. |
137 | 2. Identify and assess the needs of the seniors in the |
138 | county served by the council and submit to the governing body of |
139 | each county a written description of: |
140 | a. The activities, services, and opportunities that will |
141 | be provided to seniors. |
142 | b. The anticipated schedule for providing those |
143 | activities, services, and opportunities. |
144 | c. The manner in which seniors will be served, including a |
145 | description of arrangements and agreements which will be made |
146 | with community organizations, state and local educational |
147 | agencies, federal agencies, public assistance agencies, the |
148 | court system, guardianship groups, and other applicable public |
149 | and private agencies and organizations. |
150 | d. The special outreach efforts that will be undertaken to |
151 | provide services to at-risk, abused, or neglected seniors. |
152 | e. The manner in which the council will seek and provide |
153 | funding for unmet needs. |
154 | f. The strategy that will be used for interagency |
155 | coordination to maximize existing human and fiscal resources. |
156 | 3. Provide training and orientation to all new members |
157 | sufficient to allow them to perform their duties. |
158 | 4. Make and adopt bylaws and rules for the council's |
159 | guidance, operation, governance, and maintenance, if such rules |
160 | are not inconsistent with federal or state laws or county |
161 | ordinances. |
162 | 5. Provide an annual written report, to be presented no |
163 | later than January 1 of each year, beginning in 2005, to the |
164 | governing body of the county. The annual report must contain, |
165 | but need not be limited to: |
166 | a. Information on the effectiveness of activities, |
167 | services, and programs offered by the council, including cost- |
168 | effectiveness. |
169 | b. A detailed anticipated budget for continuation of |
170 | activities, services, and programs offered by the council and a |
171 | list of all sources of requested funding, both public and |
172 | private. |
173 | c. Procedures used for early identification of at-risk |
174 | seniors who need additional or continued services and methods |
175 | for ensuring that the additional or continued services are |
176 | received. |
177 | d. A description of the degree to which the council's |
178 | objectives and activities are consistent with the goals of this |
179 | section. |
180 | e. Detailed information on the various programs, services, |
181 | and activities available to participants and the degree to which |
182 | the activities, services, and programs have been successfully |
183 | used by seniors. |
184 | f. Information on activities, services, and programs that |
185 | should be eliminated; activities, services, and programs that |
186 | should be continued; and activities, services, and programs that |
187 | should be added to the basic format of the seniors' services |
188 | council. |
189 | (c) The council shall maintain minutes of each meeting, |
190 | including a record of all votes cast, and shall make such |
191 | minutes available to any interested person. |
192 | (d) Members of the council shall serve without |
193 | compensation, but are entitled to receive reimbursement for per |
194 | diem and travel expenses consistent with s. 112.061. |
195 | (3)(a) The fiscal year of the district shall be the same |
196 | as that of the county. |
197 | (b) On or before July 1 of each year, the council on |
198 | seniors' services shall prepare a tentative annual written |
199 | budget of the district's expected income and expenditures, |
200 | including a contingency fund. The council shall, in addition, |
201 | compute a proposed millage rate within the voter-approved cap |
202 | necessary to fund the tentative budget; shall, prior to adopting |
203 | a final budget, comply with the provisions of s. 200.065 |
204 | relating to the method of fixing millage; and shall fix the |
205 | final millage rate by resolution of the council. The adopted |
206 | budget and final millage rate shall be certified and delivered |
207 | to the governing body of the county as soon as possible |
208 | following the council's adoption of the final budget and millage |
209 | rate pursuant to chapter 200. Included in each certified budget |
210 | shall be the millage rate, adopted by resolution of the council, |
211 | necessary to be applied to raise the funds budgeted for district |
212 | operations and expenditures. Any district millage may not exceed |
213 | 0.5 mills of assessed valuation of all properties within the |
214 | county which are subject to ad valorem county taxes. |
215 | (c) After the budget of the district is certified and |
216 | delivered to the governing body of the county, the budget may |
217 | not be changed or modified by the governing body of the county |
218 | or any other authority. |
219 | (d) All tax moneys collected under this section, as soon |
220 | after collection as is reasonably practicable, shall be paid |
221 | directly to the council on seniors' services by the tax |
222 | collector of the county or the clerk of the circuit court, if |
223 | the clerk collects delinquent taxes. |
224 | (e)1. All moneys received by the council on seniors' |
225 | services shall be deposited in qualified public depositories, as |
226 | defined in s. 280.02, with separate and distinguishable accounts |
227 | established specifically for the council, and shall be withdrawn |
228 | only by checks signed by the chair of the council and |
229 | countersigned by one other member of the council on seniors' |
230 | services or by a chief executive officer authorized by the |
231 | council. |
232 | 2. Upon entering the duties of office, the chair and the |
233 | other member of the council or chief executive officer who signs |
234 | council checks shall each give a surety bond in the sum of at |
235 | least $1,000 for each $1 million or portion thereof of the |
236 | council's annual budget, which bond shall be conditioned that |
237 | each shall faithfully discharge the duties of his or her office. |
238 | The premium on such bond may be paid by the district as part of |
239 | the expense of the council. No other member of the council shall |
240 | be required to give bond or other security. |
241 | 3. Funds of the district may not be expended except by |
242 | check, except expenditures made from a petty cash account, which |
243 | may not at any time exceed $100. All expenditures from petty |
244 | cash must be recorded on the books and records of the council on |
245 | seniors' services. Funds of the council on seniors' services, |
246 | excepting expenditures from petty cash, may not be expended |
247 | without prior approval of the council, in addition to the |
248 | budgeting thereof. |
249 | (f) Within 10 days, exclusive of weekends and legal |
250 | holidays, after the expiration of each quarter-annual period, |
251 | the council on seniors' services shall prepare and file with the |
252 | governing body of the county a financial report that includes: |
253 | 1. The total expenditures of the council for the quarter- |
254 | annual period. |
255 | 2. The total receipts of the council during the quarter- |
256 | annual period. |
257 | 3. A statement of the funds the council has on hand, has |
258 | invested, or has deposited with qualified public depositories at |
259 | the end of the quarter-annual period. |
260 | 4. The total administrative costs of the council for the |
261 | quarter-annual period. |
262 | (4) Any district created pursuant to this section may be |
263 | dissolved by a special act of the Legislature, or the county |
264 | governing body may by ordinance dissolve the district subject to |
265 | the approval of the electorate. If any district is dissolved |
266 | pursuant to this subsection, each county shall first obligate |
267 | itself to assume the debts, liabilities, contracts, and |
268 | outstanding obligations of the district within the total millage |
269 | available to the county governing body for all county and |
270 | municipal purposes as provided for under s. 9, Art. VII of the |
271 | State Constitution. Any district may also be dissolved pursuant |
272 | to s. 189.4042. |
273 | (5) After or during the first year of operation of the |
274 | council on seniors' services, the governing body of the county, |
275 | at its option, may fund in whole or in part the budget of the |
276 | council on seniors' services from its own funds. |
277 | (6) Any district created pursuant to this section shall |
278 | comply with all other statutory requirements of general |
279 | application which relate to the filing of any financial reports |
280 | or compliance reports required under part III of chapter 218 or |
281 | any other report or documentation required by law, including the |
282 | requirements of ss. 189.415, 189.417, and 189.418. |
283 | (7)(a) Each county may by ordinance create a dependent |
284 | special district within the boundaries of the county for the |
285 | purpose of providing preventive, developmental, treatment, and |
286 | rehabilitative services for seniors. The district may seek |
287 | grants from state, federal, and local agencies and accept |
288 | donations from public and private sources, if the district |
289 | complies with paragraphs (1)(a) and (2)(b) and has a budget that |
290 | requires approval through an affirmative vote of the governing |
291 | body of the county or that may be vetoed by the governing body |
292 | of the county. |
293 | (b) If the provisions of a county charter relating to the |
294 | membership of the governing board of a dependent special |
295 | district conflict with paragraph (1)(a), a county may by |
296 | ordinance create a dependent special district within the |
297 | boundaries of the county for the purpose of providing |
298 | preventive, developmental, treatment, and rehabilitative |
299 | services for seniors, and the district may seek grants from |
300 | state, federal, and local agencies and accept donations from |
301 | public and private sources, if the district complies with |
302 | paragraph (2)(b) and has a budget that requires approval through |
303 | an affirmative vote of the governing body of the county or that |
304 | may be vetoed by the governing body of the county. |
305 | (8) It is the intent of the Legislature that the funds |
306 | collected pursuant to this section be used to support |
307 | improvements in seniors' services and that such funds not be |
308 | used as a substitute for existing resources or for resources |
309 | that would otherwise be available for seniors' services. |
310 | (9) Two or more councils on seniors' services may enter |
311 | into a cooperative agreement to share administrative costs, |
312 | including, but not limited to, staff and office space, if a more |
313 | efficient or effective operation will result. The cooperative |
314 | agreement must include provisions on apportioning costs between |
315 | the councils, keeping separate and distinct financial records |
316 | for each council, and resolving any conflicts that might arise |
317 | under the cooperative agreement. |
318 | (10) Two or more councils on seniors' services may enter |
319 | into a cooperative agreement to seek grants, to accept |
320 | donations, or to jointly fund programs serving multicounty |
321 | areas. The cooperative agreement must include provisions for the |
322 | adequate accounting of separate and joint funds. |
323 | Section 2. Part V of chapter 125, Florida Statutes, |
324 | consisting of sections 125.901, 125.902, and 125.903, Florida |
325 | Statutes, and entitled "Children's Services," is redesignated as |
326 | "Children's and Seniors' Services." |
327 | Section 3. Paragraph (b) of subsection (4) of section |
328 | 189.404, Florida Statutes, is amended to read: |
329 | 189.404 Legislative intent for the creation of independent |
330 | special districts; special act prohibitions; model elements and |
331 | other requirements; general-purpose local government/Governor |
332 | and Cabinet creation authorizations.-- |
333 | (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION |
334 | AUTHORIZATIONS.--Except as otherwise authorized by general law, |
335 | only the Legislature may create independent special districts. |
336 | (b) A county may create an independent special district |
337 | which shall be adopted by a charter in accordance with s. |
338 | 125.901, s. 125.903, or s. 154.331, or chapter 155, or which |
339 | shall be established by ordinance in accordance with s. 190.005, |
340 | or as otherwise authorized by general law. |
341 | Section 4. This act shall take effect upon becoming a law. |