Senate Bill sb2420

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    Florida Senate - 2004                                  SB 2420

    By Senator Campbell





    32-1089-04

  1                      A bill to be entitled

  2         An act relating to seniors' services;

  3         authorizing each county to create an

  4         independent special district to provide funding

  5         for seniors' services; requiring approval by a

  6         majority vote of electors to annually levy ad

  7         valorem taxes not to exceed a certain maximum;

  8         creating a governing board for the special

  9         district; specifying criteria for membership to

10         the governing board; providing terms of office;

11         clarifying that a county may provide seniors'

12         services or create a special district to

13         provide such services by general or special

14         law; specifying the powers and functions of a

15         council on seniors' services; requiring each

16         council to appoint a chair and a vicechair and

17         elect officers, to identify and assess the

18         needs of the seniors in the county served by

19         the council, to provide training and

20         orientation to new members of the council, to

21         make and adopt bylaws and rules for the

22         council's operation and governance, and to

23         provide an annual written report to the

24         governing body of the county; requiring the

25         council to maintain minutes of each meeting and

26         to serve without compensation; requiring the

27         council to prepare a tentative annual written

28         budget and to compute millage rate to fund the

29         tentative budget; requiring that all tax money

30         collected be paid directly to the council on

31         seniors' services by the tax collector of the

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    Florida Senate - 2004                                  SB 2420
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 1         county and deposited in qualified public

 2         depositories; specifying expenditures of funds;

 3         requiring the council to prepare and file a

 4         financial report with the governing body of the

 5         county; providing that a district may be

 6         dissolved by a special act of the Legislature

 7         or by ordinance by the governing body of the

 8         county; specifying obligations of the county if

 9         a district is dissolved; providing that the

10         governing body of a county may fund the budget

11         of the council on seniors' services from its

12         own funds after or during the council's first

13         year of operation; requiring a special district

14         to comply with statutory requirements related

15         to the filing of a financial or compliance

16         report; authorizing a county to create a

17         dependent special district to provide certain

18         services for seniors; authorizing the district

19         to seek grants from several sources and to

20         accept donations from public and private

21         sources; providing legislative intent with

22         respect to the use of funds collected by a

23         council on seniors' services; providing that

24         two or more councils on seniors' services may

25         enter into a cooperative agreement to share

26         administrative costs, staff, and office space

27         and to seek grants, to accept donations, or to

28         jointly fund programs serving multicounty

29         areas; providing an effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2004                                  SB 2420
    32-1089-04




 1         Section 1.  Seniors' services; independent special

 2  district; council; powers, duties, and functions.--

 3         (1)  Each county may by ordinance create an independent

 4  special district, as defined in sections 189.403(3) and

 5  200.001(8)(e), Florida Statutes, to provide funding for

 6  seniors' services throughout the county in accordance with

 7  this section. The boundaries of such district shall be

 8  coterminous with the boundaries of the county. The county

 9  governing body shall obtain approval, by a majority vote of

10  those electors voting on the question, to annually levy ad

11  valorem taxes that may not exceed the maximum millage rate

12  authorized by this section. Any district created pursuant to

13  this subsection shall levy and fix millage as provided in

14  section 200.065, Florida Statutes. Once the millage is

15  approved by the electorate, the district is not required to

16  seek approval of the electorate in future years to levy the

17  previously approved millage.

18         (a)  The governing board of the district shall be a

19  council on seniors' services, which may also be known as an

20  elderly advocacy board or similar name as established in the

21  ordinance by the county governing body. The council shall

22  consist of 10 members, including the executive director of the

23  area agency on aging or his or her designee who is a director

24  of senior programs; the county director of human services or

25  his or her designee who is a director of elderly services; one

26  member of the county governing board; one non-voting member of

27  the legislative delegation for the county appointed by the

28  delegation chair; and one county representative of the Florida

29  League of Cities. The executive director of the area agency on

30  aging and his or her designee and the county director of human

31  services and his or her designee are permanent positions. The

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    Florida Senate - 2004                                  SB 2420
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 1  members from the county governing board, the legislative

 2  delegation, and the Florida League of Cities shall serve

 3  2-year terms. The other five members shall be appointed by the

 4  Governor and shall represent, to the greatest extent possible,

 5  the cultural diversity of the county's population. A minimum

 6  of two of the five gubernatorial designees shall be 60 years

 7  of age or older. Recommendations for these memberships shall

 8  be provided by the county governing board. Three names shall

 9  be submitted for each vacancy, determined by category. The

10  gubernatorial appointments will be for a 4-year term and may

11  be reappointed for one additional term of office. The Governor

12  shall make a selection within a 45-day period or request a new

13  list of candidates.  All members appointed by the Governor

14  must have been residents of the county for the previous

15  24-month period. The length of the terms of the initial

16  appointees shall be adjusted to stagger the terms. The

17  Governor may remove a member for cause or upon the written

18  petition of the county governing body.  If any of the members

19  of the council required to be appointed by the Governor

20  resign, die, or are removed from office, the vacancy shall be

21  filled by appointment by the Governor, using the same method

22  as the original appointment, and such appointment to fill a

23  vacancy shall be for the unexpired term of the person who

24  resigns, dies, or is removed from office.

25         (b)  This subsection does not prohibit a county from

26  exercising such power as is provided by general or special law

27  to provide seniors' services or to create a special district

28  to provide such services.

29         (2)(a)  Each council on seniors' services may:

30         1.  Provide and maintain in the county such preventive,

31  developmental, treatment, and rehabilitative services for

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    Florida Senate - 2004                                  SB 2420
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 1  seniors as the council determines are needed for the general

 2  welfare of the county.

 3         2.  Provide such other services for all seniors as the

 4  council determines are needed for the general welfare of the

 5  county.

 6         3.  Allocate and provide funds for other agencies in

 7  the county which are operated for the benefit of seniors.

 8         4.  Collect information and statistical data and

 9  conduct research that will be helpful to the council and the

10  county in deciding the needs of seniors in the county.

11         5.  Consult and coordinate with other agencies

12  dedicated to the welfare of seniors to the end that the

13  overlapping of services will be prevented.

14         6.  Lease or buy real estate, equipment, and personal

15  property and construct buildings as needed to execute the

16  foregoing powers and functions, except that such purchases may

17  not be made or building done unless paid for with cash on hand

18  or secured by funds deposited in financial institutions. This

19  subparagraph does not authorize a district to issue bonds of

20  any nature and a district does not have the power to require

21  the imposition of any bond by the governing body of the

22  county.

23         7.  Employ, pay, and provide benefits for any part-time

24  or full-time personnel needed to execute the foregoing powers

25  and functions.

26         (b)  Each council on seniors' services shall:

27         1.  Immediately after the members are appointed, elect

28  a chair and a vice chair from among its members, and elect

29  other officers as deemed necessary by the council.

30         2.  Immediately after the members are appointed and

31  officers are elected, identify and assess the needs of the

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    Florida Senate - 2004                                  SB 2420
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 1  seniors in the county served by the council and submit to the

 2  governing body of each county a written description of:

 3         a.  The activities, services, and opportunities that

 4  will be provided to seniors.

 5         b.  The anticipated schedule for providing those

 6  activities, services, and opportunities.

 7         c.  The manner in which seniors will be served,

 8  including a description of arrangements and agreements which

 9  will be made with community organizations, state and local

10  educational agencies, federal agencies, public assistance

11  agencies, the court system, guardianship groups, and other

12  applicable public and private agencies and organizations.

13         d.  The special outreach efforts that will be

14  undertaken to provide services to at-risk, abused, or

15  neglected seniors.

16         e.  The manner in which the council will seek and

17  provide funding for unmet needs.

18         f.  The strategy that will be used for interagency

19  coordination to maximize existing human and fiscal resources.

20         3.  Provide training and orientation to all new members

21  sufficient to allow them to perform their duties.

22         4.  Make and adopt bylaws and rules for the council's

23  guidance, operation, governance, and maintenance, if such

24  rules are not inconsistent with federal or state laws or

25  county ordinances.

26         5.  Provide an annual written report, to be presented

27  no later than January 1, to the governing body of the county.

28  The annual report must contain, but need not be limited to:

29         a.  Information on the effectiveness of activities,

30  services, and programs offered by the council, including

31  cost-effectiveness.

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 1         b.  A detailed anticipated budget for continuation of

 2  activities, services, and programs offered by the council, and

 3  a list of all sources of requested funding, both public and

 4  private.

 5         c.  Procedures used for early identification of at-risk

 6  seniors who need additional or continued services and methods

 7  for ensuring that the additional or continued services are

 8  received.

 9         d.  A description of the degree to which the council's

10  objectives and activities are consistent with the goals of

11  this section.

12         e.  Detailed information on the various programs,

13  services, and activities available to participants and the

14  degree to which the programs, services, and activities have

15  been successfully used by seniors.

16         f.  Information on programs, services, and activities

17  that should be eliminated; programs, services, and activities

18  that should be continued; and programs, services, and

19  activities that should be added to the basic format of the

20  seniors' services council.

21         (c)  The council shall maintain minutes of each

22  meeting, including a record of all votes cast, and shall make

23  such minutes available to any interested person.

24         (d)  Members of the council shall serve without

25  compensation, but are entitled to receive reimbursement for

26  per diem and travel expenses consistent with section 112.061,

27  Florida Statutes.

28         (3)(a)  The fiscal year of the district shall be the

29  same as that of the county.

30         (b)  On or before July 1 of each year, the council on

31  seniors' services shall prepare a tentative annual written

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    Florida Senate - 2004                                  SB 2420
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 1  budget of the district's expected income and expenditures,

 2  including a contingency fund. The council shall, in addition,

 3  compute a proposed millage rate within the voter-approved cap

 4  necessary to fund the tentative budget and, prior to adopting

 5  a final budget, comply with the provisions of section 200.065,

 6  Florida Statutes, relating to the method of fixing millage,

 7  and shall fix the final millage rate by resolution of the

 8  council. The adopted budget and final millage rate shall be

 9  certified and delivered to the governing body of the county as

10  soon as possible following the council's adoption of the final

11  budget and millage rate pursuant to chapter 200, Florida

12  Statutes. Included in each certified budget shall be the

13  millage rate, adopted by resolution of the council, necessary

14  to be applied to raise the funds budgeted for district

15  operations and expenditures. Any district millage may not

16  exceed 0.5 mills of assessed valuation of all properties

17  within the county which are subject to ad valorem county

18  taxes.

19         (c)  After the budget of the district is certified and

20  delivered to the governing body of the county, it may not be

21  changed or modified by the governing body of the county or any

22  other authority.

23         (d)  All tax money collected under this section, as

24  soon after collection as is reasonably practicable, shall be

25  paid directly to the council on seniors' services by the tax

26  collector of the county, or the clerk of the circuit court if

27  the clerk collects delinquent taxes.

28         (e)1.  All moneys received by the council on seniors'

29  services shall be deposited in qualified public depositories,

30  as defined in section 280.02, Florida Statutes, with separate

31  and distinguishable accounts established specifically for the

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 1  council and shall be withdrawn only by checks signed by the

 2  chair of the council and countersigned by one other member of

 3  the council on seniors' services or by a chief executive

 4  officer authorized by the council.

 5         2.  Upon entering the duties of office, the chair and

 6  the other member of the council or chief executive officer who

 7  signs its checks shall each give a surety bond in the sum of

 8  at least $1,000 for each $1 million or portion thereof of the

 9  council's annual budget, which bond shall be conditioned that

10  each shall faithfully discharge the duties of his or her

11  office.  The premium on such bond may be paid by the district

12  as part of the expense of the council. No other member of the

13  council shall be required to give bond or other security.

14         3.  Funds of the district may not be expended except by

15  check, and except expenditures from a petty cash account,

16  which may not at any time exceed $100. All expenditures from

17  petty cash must be recorded on the books and records of the

18  council on seniors' services. Funds of the council on seniors'

19  services, excepting expenditures from petty cash, may not be

20  expended without prior approval of the council, in addition to

21  the budgeting thereof.

22         (f)  Within 10 days, exclusive of weekends and legal

23  holidays, after the expiration of each quarter annual period,

24  the council on seniors' services shall prepare and file with

25  the governing body of the county a financial report that

26  includes:

27         1.  The total expenditures of the council for the

28  quarter annual period.

29         2.  The total receipts of the council during the

30  quarter annual period.

31  

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 1         3.  A statement of the funds the council has on hand,

 2  has invested, or has deposited with qualified public

 3  depositories at the end of the quarter annual period.

 4         4.  The total administrative costs of the council for

 5  the quarter annual period.

 6         (4)  Any district created pursuant to this section may

 7  be dissolved by a special act of the Legislature, or the

 8  county governing body may by ordinance dissolve the district

 9  subject to the approval of the electorate. If any district is

10  dissolved pursuant to this subsection, each county shall first

11  obligate itself to assume the debts, liabilities, contracts,

12  and outstanding obligations of the district within the total

13  millage available to the county governing body for all county

14  and municipal purposes as provided for under section 9,

15  Article VII of the State Constitution. Any district may also

16  be dissolved pursuant to section 189.4042, Florida Statutes.

17         (5)  After or during the first year of operation of the

18  council on seniors' services, the governing body of the

19  county, at its option, may fund in whole or in part the budget

20  of the council on seniors' services from its own funds.

21         (6)  Any district created pursuant to this section

22  shall comply with all other statutory requirements of general

23  application which relate to the filing of any financial

24  reports or compliance reports required under part III of

25  chapter 218, Florida Statutes, or any other report or

26  documentation required by law, including the requirements of

27  sections 189.415, 189.417, and 189.418, Florida Statutes.

28         (7)(a)  Each county may by ordinance create a dependent

29  special district within the boundaries of the county for the

30  purpose of providing preventive, developmental, treatment, and

31  rehabilitative services for seniors. The district may seek

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 1  grants from state, federal, and local agencies and accept

 2  donations from public and private sources, if the district

 3  complies with paragraphs (1)(a) and (2)(b) and has a budget

 4  that requires approval through an affirmative vote of the

 5  governing body of the county or may be vetoed by the governing

 6  body of the county.

 7         (b)  If the provisions of a county charter relating to

 8  the membership of the governing board of a dependent special

 9  district conflict with paragraph (1)(a), a county may by

10  ordinance create a dependent special district within the

11  boundaries of the county for the purpose of providing

12  preventive, developmental, treatment, and rehabilitative

13  services for seniors and the district may seek grants from

14  state, federal, and local agencies and accept donations from

15  public and private sources, if the district complies with

16  paragraph (2)(b) and has a budget that requires approval

17  through an affirmative vote of the governing body of the

18  county or may be vetoed by the governing body of the county.

19         (8)  It is the intent of the Legislature that the funds

20  collected pursuant to this section be used to support

21  improvements in seniors' services and that such funds not be

22  used as a substitute for existing resources or for resources

23  that would otherwise be available for seniors' services.

24         (9)  Two or more councils on seniors' services may

25  enter into a cooperative agreement to share administrative

26  costs, including, but not limited to, staff and office space,

27  if a more efficient or effective operation will result. The

28  cooperative agreement must include provisions on apportioning

29  costs between the councils, keeping separate and distinct

30  financial records for each council, and resolving any

31  conflicts that might arise under the cooperative agreement.

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 1         (10)  Two or more councils on seniors' services may

 2  enter into a cooperative agreement to seek grants, to accept

 3  donations, or to jointly fund programs serving multicounty

 4  areas. The cooperative agreement must include provisions for

 5  the adequate accounting of separate and joint funds.

 6         Section 2.  This act shall take effect upon becoming a

 7  law.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Authorizes a county to create an independent special
      district to provide funding for seniors' services.
12    Requires approval by a majority vote of electors to
      annually levy ad valorem taxes, not to exceed a certain
13    maximum. Creates a governing board for the special
      district. Specifies the powers and functions of a council
14    on seniors' services. Requires each council to identify
      and assess the needs of the seniors in the county served
15    by the council and to provide an annual written report to
      the governing body of the county. Requires the council to
16    prepare a budget and compute the millage rate. Requires
      the council to prepare and file a financial report with
17    the governing body of the county. Provides that a
      district may be dissolved by a special act of the
18    Legislature or by ordinance by the governing body of the
      county. (See bill for details.)
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