HB 1587CS

CHAMBER ACTION




1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to seniors' services; creating s. 125.903,
8F.S.; authorizing each county to create an independent
9special district to provide funding for seniors' services;
10requiring approval by a majority vote of electors to
11annually levy ad valorem taxes not to exceed a certain
12maximum; creating a governing board for the special
13district; specifying criteria for membership to the
14governing board; providing terms of office; clarifying
15that a county may provide seniors' services as provided by
16general or special law or may create a special district by
17ordinance to provide such services; specifying the powers
18and functions of a council on seniors' services; requiring
19each council to appoint a chair and a vice chair and to
20elect officers; providing duties and responsibilities of
21the council; requiring the council to serve without
22compensation; specifying expenditures of funds; providing
23that a district may be dissolved by a special act of the
24Legislature or by ordinance of the governing body of the
25county; specifying obligations of the county if a district
26is dissolved; providing that the governing body of a
27county may fund the budget of the council on seniors'
28services from its own funds after or during the council's
29first year of operation; requiring a special district to
30comply with statutory requirements related to the filing
31of a financial or compliance report; authorizing a county
32to create a dependent special district to provide certain
33services for seniors; authorizing the district to seek
34grants from several sources and to accept donations from
35public and private sources; providing legislative intent
36with respect to the use of funds collected by a council on
37seniors' services; providing that two or more councils on
38seniors' services may enter into a cooperative agreement
39to share administrative costs, staff, and office space and
40to seek grants, accept donations, or jointly fund programs
41serving multicounty areas; redesignating pt. V of ch. 125,
42F.S., as "Children's and Seniors' Services"; amending s.
43189.404, F.S., relating to authority to create an
44independent special district, to conform; providing an
45effective date.
46
47Be It Enacted By the Legislature of the State of Florida:
48
49     Section 1.  Section 125.903, Florida Statutes, is created
50to read:
51     125.903  Seniors' services; independent special district;
52council; powers, duties, and functions.--
53     (1)  Each county may by ordinance create an independent
54special district, as defined in ss. 189.403(3) and
55200.001(8)(e), to provide funding for seniors' services
56throughout the county. The boundaries of such district shall be
57coterminous with the boundaries of the county. The county
58governing body shall obtain approval, by a majority vote of
59those electors voting on the question, to annually levy ad
60valorem taxes that may not exceed the maximum millage rate
61authorized by this section. Any district created pursuant to
62this subsection shall levy and fix millage as provided in s.
63200.065. Once the millage is approved by the electorate, the
64district is not required to seek approval of the electorate in
65future years to levy the previously approved millage.
66     (a)  The governing board of the district shall be a council
67on seniors' services, which may also be known as an elderly
68advocacy board or similar name as established in the ordinance
69by the county governing body. The council shall consist of 10
70members, including the executive director of the area agency on
71aging or his or her designee who is a director of senior
72programs; the county director of human services or his or her
73designee who is a director of elderly services; one member of
74the county governing board; one nonvoting member of the
75legislative delegation for the county appointed by the
76delegation chair; and one county representative of the Florida
77League of Cities. The executive director of the area agency on
78aging and his or her designee and the county director of human
79services and his or her designee are permanent positions. The
80members from the county governing board, the legislative
81delegation, and the Florida League of Cities shall serve 2-year
82terms. The other five members shall be appointed by the Governor
83and shall represent, to the greatest extent possible, the
84cultural diversity of the county's population. A minimum of two
85of the five gubernatorial designees shall be 60 years of age or
86older. Recommendations for these memberships shall be provided
87by the county governing board. Three names shall be submitted
88for each vacancy, determined by category. The gubernatorial
89appointments shall be for a 4-year term and may be reappointed
90for one additional term of office. The Governor shall make a
91selection within a 45-day period or request a new list of
92candidates. All members appointed by the Governor must have been
93residents of the county for the previous 24-month period. The
94length of the terms of the initial appointees shall be adjusted
95to stagger the terms. The Governor may remove a member for cause
96or upon the written petition of the county governing body. If
97any of the members of the council required to be appointed by
98the Governor resign, die, or are removed from office, the
99vacancy shall be filled by appointment by the Governor, using
100the same method as the original appointment, and such
101appointment to fill a vacancy shall be for the unexpired term of
102the person who resigns, dies, or is removed from office.
103     (b)  This subsection does not prohibit a county from
104exercising such power as is provided by general or special law
105to provide seniors' services or to create a special district to
106provide such services.
107     (2)(a)  Each council on seniors' services may:
108     1.  Provide and maintain in the county such preventive,
109developmental, treatment, and rehabilitative services for
110seniors as the council determines are needed for the general
111welfare of the county.
112     2.  Provide such other services for all seniors as the
113council determines are needed for the general welfare of the
114county.
115     3.  Allocate and provide funds for other agencies in the
116county which are operated for the benefit of seniors.
117     4.  Collect information and statistical data and conduct
118research that will be helpful to the council and the county in
119deciding the needs of seniors in the county.
120     5.  Consult and coordinate with other agencies dedicated to
121the welfare of seniors to the end that the overlapping of
122services will be prevented.
123     6.  Lease or buy real estate, equipment, and personal
124property and construct buildings as needed to execute the
125foregoing powers and functions, except that such purchases may
126not be made or building done unless paid for with cash on hand
127or secured by funds deposited in financial institutions. This
128subparagraph does not authorize a district to issue bonds of any
129nature and a district does not have the power to require the
130imposition of any bond by the governing body of the county.
131     7.  Employ, pay, and provide benefits for any part-time or
132full-time personnel needed to execute the foregoing powers and
133functions.
134     (b)  Each council on seniors' services shall:
135     1.  Elect a chair and a vice chair from among its members,
136and elect other officers as deemed necessary by the council.
137     2.  Identify and assess the needs of the seniors in the
138county served by the council and submit to the governing body of
139each county a written description of:
140     a.  The activities, services, and opportunities that will
141be provided to seniors.
142     b.  The anticipated schedule for providing those
143activities, services, and opportunities.
144     c.  The manner in which seniors will be served, including a
145description of arrangements and agreements which will be made
146with community organizations, state and local educational
147agencies, federal agencies, public assistance agencies, the
148court system, guardianship groups, and other applicable public
149and private agencies and organizations.
150     d.  The special outreach efforts that will be undertaken to
151provide services to at-risk, abused, or neglected seniors.
152     e.  The manner in which the council will seek and provide
153funding for unmet needs.
154     f.  The strategy that will be used for interagency
155coordination to maximize existing human and fiscal resources.
156     3.  Provide training and orientation to all new members
157sufficient to allow them to perform their duties.
158     4.  Make and adopt bylaws and rules for the council's
159guidance, operation, governance, and maintenance, if such rules
160are not inconsistent with federal or state laws or county
161ordinances.
162     5.  Provide an annual written report, to be presented no
163later than January 1 of each year, beginning in 2005, to the
164governing body of the county. The annual report must contain,
165but need not be limited to:
166     a.  Information on the effectiveness of activities,
167services, and programs offered by the council, including cost-
168effectiveness.
169     b.  A detailed anticipated budget for continuation of
170activities, services, and programs offered by the council and a
171list of all sources of requested funding, both public and
172private.
173     c.  Procedures used for early identification of at-risk
174seniors who need additional or continued services and methods
175for ensuring that the additional or continued services are
176received.
177     d.  A description of the degree to which the council's
178objectives and activities are consistent with the goals of this
179section.
180     e.  Detailed information on the various programs, services,
181and activities available to participants and the degree to which
182the activities, services, and programs have been successfully
183used by seniors.
184     f.  Information on activities, services, and programs that
185should be eliminated; activities, services, and programs that
186should be continued; and activities, services, and programs that
187should be added to the basic format of the seniors' services
188council.
189     (c)  The council shall maintain minutes of each meeting,
190including a record of all votes cast, and shall make such
191minutes available to any interested person.
192     (d)  Members of the council shall serve without
193compensation, but are entitled to receive reimbursement for per
194diem and travel expenses consistent with s. 112.061.
195     (3)(a)  The fiscal year of the district shall be the same
196as that of the county.
197     (b)  On or before July 1 of each year, the council on
198seniors' services shall prepare a tentative annual written
199budget of the district's expected income and expenditures,
200including a contingency fund. The council shall, in addition,
201compute a proposed millage rate within the voter-approved cap
202necessary to fund the tentative budget; shall, prior to adopting
203a final budget, comply with the provisions of s. 200.065
204relating to the method of fixing millage; and shall fix the
205final millage rate by resolution of the council. The adopted
206budget and final millage rate shall be certified and delivered
207to the governing body of the county as soon as possible
208following the council's adoption of the final budget and millage
209rate pursuant to chapter 200. Included in each certified budget
210shall be the millage rate, adopted by resolution of the council,
211necessary to be applied to raise the funds budgeted for district
212operations and expenditures. Any district millage may not exceed
2130.5 mills of assessed valuation of all properties within the
214county which are subject to ad valorem county taxes.
215     (c)  After the budget of the district is certified and
216delivered to the governing body of the county, the budget may
217not be changed or modified by the governing body of the county
218or any other authority.
219     (d)  All tax moneys collected under this section, as soon
220after collection as is reasonably practicable, shall be paid
221directly to the council on seniors' services by the tax
222collector of the county or the clerk of the circuit court, if
223the clerk collects delinquent taxes.
224     (e)1.  All moneys received by the council on seniors'
225services shall be deposited in qualified public depositories, as
226defined in s. 280.02, with separate and distinguishable accounts
227established specifically for the council, and shall be withdrawn
228only by checks signed by the chair of the council and
229countersigned by one other member of the council on seniors'
230services or by a chief executive officer authorized by the
231council.
232     2.  Upon entering the duties of office, the chair and the
233other member of the council or chief executive officer who signs
234council checks shall each give a surety bond in the sum of at
235least $1,000 for each $1 million or portion thereof of the
236council's annual budget, which bond shall be conditioned that
237each shall faithfully discharge the duties of his or her office.
238The premium on such bond may be paid by the district as part of
239the expense of the council. No other member of the council shall
240be required to give bond or other security.
241     3.  Funds of the district may not be expended except by
242check, except expenditures made from a petty cash account, which
243may not at any time exceed $100. All expenditures from petty
244cash must be recorded on the books and records of the council on
245seniors' services. Funds of the council on seniors' services,
246excepting expenditures from petty cash, may not be expended
247without prior approval of the council, in addition to the
248budgeting thereof.
249     (f)  Within 10 days, exclusive of weekends and legal
250holidays, after the expiration of each quarter-annual period,
251the council on seniors' services shall prepare and file with the
252governing body of the county a financial report that includes:
253     1.  The total expenditures of the council for the quarter-
254annual period.
255     2.  The total receipts of the council during the quarter-
256annual period.
257     3.  A statement of the funds the council has on hand, has
258invested, or has deposited with qualified public depositories at
259the end of the quarter-annual period.
260     4.  The total administrative costs of the council for the
261quarter-annual period.
262     (4)  Any district created pursuant to this section may be
263dissolved by a special act of the Legislature, or the county
264governing body may by ordinance dissolve the district subject to
265the approval of the electorate. If any district is dissolved
266pursuant to this subsection, each county shall first obligate
267itself to assume the debts, liabilities, contracts, and
268outstanding obligations of the district within the total millage
269available to the county governing body for all county and
270municipal purposes as provided for under s. 9, Art. VII of the
271State Constitution. Any district may also be dissolved pursuant
272to s. 189.4042.
273     (5)  After or during the first year of operation of the
274council on seniors' services, the governing body of the county,
275at its option, may fund in whole or in part the budget of the
276council on seniors' services from its own funds.
277     (6)  Any district created pursuant to this section shall
278comply with all other statutory requirements of general
279application which relate to the filing of any financial reports
280or compliance reports required under part III of chapter 218 or
281any other report or documentation required by law, including the
282requirements of ss. 189.415, 189.417, and 189.418.
283     (7)(a)  Each county may by ordinance create a dependent
284special district within the boundaries of the county for the
285purpose of providing preventive, developmental, treatment, and
286rehabilitative services for seniors. The district may seek
287grants from state, federal, and local agencies and accept
288donations from public and private sources, if the district
289complies with paragraphs (1)(a) and (2)(b) and has a budget that
290requires approval through an affirmative vote of the governing
291body of the county or that may be vetoed by the governing body
292of the county.
293     (b)  If the provisions of a county charter relating to the
294membership of the governing board of a dependent special
295district conflict with paragraph (1)(a), a county may by
296ordinance create a dependent special district within the
297boundaries of the county for the purpose of providing
298preventive, developmental, treatment, and rehabilitative
299services for seniors, and the district may seek grants from
300state, federal, and local agencies and accept donations from
301public and private sources, if the district complies with
302paragraph (2)(b) and has a budget that requires approval through
303an affirmative vote of the governing body of the county or that
304may be vetoed by the governing body of the county.
305     (8)  It is the intent of the Legislature that the funds
306collected pursuant to this section be used to support
307improvements in seniors' services and that such funds not be
308used as a substitute for existing resources or for resources
309that would otherwise be available for seniors' services.
310     (9)  Two or more councils on seniors' services may enter
311into a cooperative agreement to share administrative costs,
312including, but not limited to, staff and office space, if a more
313efficient or effective operation will result. The cooperative
314agreement must include provisions on apportioning costs between
315the councils, keeping separate and distinct financial records
316for each council, and resolving any conflicts that might arise
317under the cooperative agreement.
318     (10)  Two or more councils on seniors' services may enter
319into a cooperative agreement to seek grants, to accept
320donations, or to jointly fund programs serving multicounty
321areas. The cooperative agreement must include provisions for the
322adequate accounting of separate and joint funds.
323     Section 2.  Part V of chapter 125, Florida Statutes,
324consisting of sections 125.901, 125.902, and 125.903, Florida
325Statutes, and entitled "Children's Services," is redesignated as
326"Children's and Seniors' Services."
327     Section 3.  Paragraph (b) of subsection (4) of section
328189.404, Florida Statutes, is amended to read:
329     189.404  Legislative intent for the creation of independent
330special districts; special act prohibitions; model elements and
331other requirements; general-purpose local government/Governor
332and Cabinet creation authorizations.--
333     (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
334AUTHORIZATIONS.--Except as otherwise authorized by general law,
335only the Legislature may create independent special districts.
336     (b)  A county may create an independent special district
337which shall be adopted by a charter in accordance with s.
338125.901, s. 125.903, or s. 154.331, or chapter 155, or which
339shall be established by ordinance in accordance with s. 190.005,
340or as otherwise authorized by general law.
341     Section 4.  This act shall take effect upon becoming a law.


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