(LATE FILED)Amendment
Bill No. 1221
Amendment No. 797171
CHAMBER ACTION
Senate House
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1Representative Goldstein offered the following:
2
3     Amendment (with title amendment)
4     Between lines 140-141 insert:
5     Section 1.  Section 125.903, Florida Statutes, is created
6to read:
7     125.903  Services for seniors and adults with developmental
8disabilities; independent special district; council; powers,
9duties, and functions.--
10     (1)  Broward county may by ordinance create an independent
11special district, as defined in ss. 189.403(3) and
12200.001(8)(e), to provide funding for services for seniors and
13adults with developmental disabilities throughout the county in
14accordance with this section. Such ordinance shall create a
15charter for the district which addresses and contains the
16minimum requirements required by s. 189.404(3). The boundaries
17of such district must be coterminous with the boundaries of the
18county. The county governing body shall obtain approval, by a
19majority vote of those electors voting on the question, to
20annually levy ad valorem taxes that may not exceed the maximum
21millage rate authorized by this section. Such approval shall be
22obtained by submitting the question to a referendum of the
23qualified electors in the county. The referendum shall be held
24in conjunction with the next regularly scheduled general
25election, in accordance with ss. 100.342 and 100.351. A district
26created under this subsection shall levy and fix millage as
27provided in s. 200.065. Once the millage is approved by the
28electorate, the district is not required to seek approval of the
29electorate in future years to levy the previously approved
30millage. For purposes of this section, the term "senior" means a
31person who is at least 60 years of age and the term "adult with
32developmental disabilities" means an adult with developmental
33disabilities who is at least 22 years of age.
34     (a)  The governing board of the district shall be a council
35on services for seniors and adults with developmental
36disabilities. The council shall consist of 11 members, including
37the executive director of the area agency on aging or his or her
38designee who is a director of senior programs; the county
39director of human services or his or her designee who is a
40director of elderly services; one person who is a director of
41programs for adults with developmental disabilities or his or
42her designee; one member of the county governing board; one
43nonvoting member of the legislative delegation for the county
44appointed by the delegation chair; and one county representative
45of the Florida League of Cities. The executive director of the
46area agency on aging and his or her designee, the director of
47programs for adults with developmental disabilities and his or
48her designee, and the county director of human services and his
49or her designee are permanent positions. The members from the
50county governing board, the legislative delegation, and the
51Florida League of Cities shall be appointed to 2-year terms. The
52other five members must be appointed by the Governor and shall
53represent, to the greatest extent possible, the cultural
54diversity of the county's population. At least one of the
55gubernatorial designees must be an individual who is a caretaker
56or family member of a person who is 22 years of age or older and
57has a developmental disability and at least one must be 60 years
58of age or older. Recommendations for these memberships shall be
59provided by the county governing board. Three names shall be
60submitted for each vacancy, determined by category. The
61gubernatorial appointees shall be appointed to 4-year terms and
62may be reappointed for one additional term of office. The
63Governor shall make a selection within a 45-day period or
64request a new list of candidates. All members appointed by the
65Governor must have been residents of the county for the previous
6624-month period. The length of the terms of the initial
67appointees shall be adjusted to stagger the terms. The Governor
68may remove a member for cause or upon the written petition of
69the county governing body. If any of the members of the council
70required to be appointed by the Governor resign, die, or are
71removed from office, the vacancy shall be filled by appointment
72by the Governor, using the same method as the original
73appointment, and such appointment to fill a vacancy shall be for
74the unexpired term of the member who resigns, dies, or is
75removed from office.
76     (b)  This subsection does not prohibit a county from
77exercising the power authorized by general or special law to
78provide services for seniors and adults with developmental
79disabilities or to create a special district to provide those
80services.
81     (2)(a)  Each council may:
82     1.  Provide and maintain in the county the preventive,
83developmental, treatment, and rehabilitative services for
84seniors and adults with developmental disabilities which the
85council determines are needed for the general welfare of seniors
86and adults with developmental disabilities in the county.
87     2.  Provide any other services which the council determines
88are needed for the general welfare of seniors and adults with
89developmental disabilities in the county.
90     3.  Allocate and provide funds for other agencies in the
91county which are operated for the benefit of seniors and adults
92with developmental disabilities.
93     4.  Collect information and statistical data and conduct
94research and assessments that will be helpful to the council and
95the county in deciding the needs of seniors and adults with
96developmental disabilities in the county.
97     5.  Consult and coordinate with other agencies dedicated to
98the welfare of seniors and adults with developmental
99disabilities to the end that the overlapping of services will be
100prevented.
101     6.  Lease or buy real estate, equipment, and personal
102property and construct buildings as needed to execute the
103foregoing powers and functions, except that such purchases may
104not be made or building done unless paid for with cash on hand
105or secured by funds deposited in financial institutions. This
106subparagraph does not authorize a district to issue bonds of any
107nature, and a district does not have the power to require the
108imposition of any bond by the governing body of the county.
109     7.  Employ, pay, and provide benefits for any part-time or
110full-time personnel needed to execute the foregoing powers and
111functions.
112     (b)  Each council shall:
113     1.  Immediately after the members are appointed, elect a
114chair and a vice chair from among its members and elect other
115officers as deemed necessary by the council.
116     2.  Immediately after the members are appointed and
117officers are elected, identify and assess the needs of seniors
118and adults with developmental disabilities in the county served
119by the council and submit to the governing body of each county a
120written description of:
121     a.  The activities, services, and opportunities that will
122be provided to seniors and adults with developmental
123disabilities.
124     b.  The anticipated schedule for providing those
125activities, services, and opportunities.
126     c.  The manner in which seniors and adults with
127developmental disabilities will be served, including a
128description of arrangements and agreements that will be made
129with community organizations, state and local educational
130agencies, federal agencies, public assistance agencies, the
131court system, guardianship groups, and other applicable public
132and private agencies and organizations.
133     d.  The special outreach efforts that will be undertaken to
134provide services to seniors and adults with developmental
135disabilities who are at-risk, abused, or neglected and ailing
136seniors or profoundly afflicted adults with developmental
137disabilities.
138     e.  The manner in which the council will seek and provide
139funding for unmet needs.
140     f.  The strategy that will be used for interagency
141coordination to maximize existing human and fiscal resources.
142     3.  Provide training and orientation to all new members
143sufficient to allow them to perform their duties.
144     4.  Make and adopt bylaws and rules for the council's
145guidance, operation, governance, and maintenance, if such rules
146are not inconsistent with federal or state laws or county
147ordinances.
148     5.  Provide an annual written report, to be presented no
149later than January 1, to the governing body of the county. The
150annual report must contain, but need not be limited to:
151     a.  Information on the effectiveness of activities,
152services, and programs offered by the council, including cost-
153effectiveness.
154     b.  A detailed anticipated budget for continuation of
155activities, services, and programs offered by the council, and a
156list of all sources of requested funding, both public and
157private.
158     c.  Procedures used for early identification of at-risk
159seniors and adults with developmental disabilities who need
160additional or continued services and methods for ensuring that
161the additional or continued services are received.
162     d.  A description of the degree to which the council's
163objectives and activities are consistent with the goals of this
164section.
165     e.  Detailed information on the various programs, services,
166and activities available to seniors and adults with
167developmental disabilities and the degree to which the programs,
168services, and activities have been successfully used by seniors
169and adults with developmental disabilities.
170     f.  Information on programs, services, and activities that
171should be eliminated; programs, services, and activities that
172should be continued; and programs, services, and activities that
173should be added to the basic format of the council.
174     (c)  The council shall maintain minutes of each meeting,
175including a record of all votes cast, and shall make such
176minutes available to any interested person.
177     (d)  Members of the council shall serve without
178compensation, but are entitled to receive reimbursement for per
179diem and travel expenses consistent with s. 112.061.
180     (3)(a)  The district shall maintain the same fiscal year as
181that of the county.
182     (b)  On or before July 1 of each year, the council shall
183prepare a tentative annual written budget of the district's
184expected income and expenditures, including a contingency fund.
185The council shall, in addition, compute a proposed millage rate
186within the voter-approved cap necessary to fund the tentative
187budget and, prior to adopting a final budget, comply with s.
188200.065, relating to the method of fixing millage, and fix the
189final millage rate by resolution of the council. The adopted
190budget and final millage rate must be certified and delivered to
191the governing body of the county as soon as possible following
192the council's adoption of the final budget and millage rate
193under chapter 200. Included in each certified budget shall be
194the millage rate, adopted by resolution of the council,
195necessary to be applied to raise the funds budgeted for district
196operations and expenditures. District millage may not exceed 0.5
197mills of assessed valuation of all properties within the county
198which are subject to ad valorem county taxes.
199     (c)  After the budget of the district is certified and
200delivered to the governing body of the county, the budget may
201not be changed or modified by the governing body of the county
202or any other authority.
203     (d)  All taxes collected under this section, as soon after
204collection as is reasonably practicable, shall be paid directly
205to the council by the tax collector of the county or the clerk
206of the circuit court, if the clerk collects delinquent taxes.
207     (e)1.  All moneys received by the council shall be
208deposited in qualified public depositories, as defined in s.
209280.02, with separate and distinguishable accounts established
210specifically for the council and may be withdrawn only by checks
211signed by the chair of the council and countersigned by one
212other member of the council or by a chief executive officer
213authorized by the council.
214     2.  Upon entering the duties of office, the chair and the
215other member of the council or chief executive officer who signs
216its checks shall each give a surety bond in the sum of at least
217$1,000 for each $1 million or portion thereof of the council's
218annual budget, which bond shall be conditioned upon the faithful
219discharge of the duties of his or her office. The premium on
220such bond may be paid by the district as part of the expense of
221the council. Other members of the council may not be required to
222give bond or other security.
223     3.  Funds of the district may not be expended except by
224check, except expenditures from a petty cash account, which
225account may not at any time exceed $100. All expenditures from
226petty cash must be recorded on the books and records of the
227council. Funds of the council, except expenditures from petty
228cash, may not be expended without prior approval of the council,
229in addition to the budgeting thereof.
230     (f)  Within 10 days, exclusive of weekends and legal
231holidays, after the expiration of each quarter-annual period,
232the council shall prepare and file with the governing body of
233the county a financial report that includes:
234     1.  The total expenditures of the council for the quarter-
235annual period.
236     2.  The total receipts of the council during the quarter-
237annual period.
238     3.  A statement of the funds the council has on hand, has
239invested, or has deposited with qualified public depositories at
240the end of the quarter-annual period.
241     4.  The total administrative costs of the council for the
242quarter-annual period.
243     (4)  Any district created under this section may be
244dissolved by a special act of the Legislature, or the county
245governing body may by ordinance dissolve the district subject to
246the approval of the electorate. If any district is dissolved
247under this subsection, each county shall first obligate itself
248to assume the debts, liabilities, contracts, and outstanding
249obligations of the district within the total millage available
250to the county governing body for all county and municipal
251purposes as provided for under section 9, Article VII of the
252State Constitution. Any district may also be dissolved under s.
253189.4042.
254     (5)  After or during the first year of operation of the
255council, the governing body of the county, at its option, may
256fund in whole or in part the budget of the council from its own
257funds.
258     (6)  Any district created under this section shall comply
259with all other statutory requirements of general application
260which relate to the filing of any financial reports or
261compliance reports required under part III of chapter 218, or
262any other report or documentation required by law, including the
263requirements of ss. 189.415, 189.417, and 189.418.
264     (7)(a)  Each county may by ordinance create a dependent
265special district within the boundaries of the county for the
266purpose of providing preventive, developmental, treatment, and
267rehabilitative services for seniors and adults with
268developmental disabilities. The district may seek grants from
269state, federal, and local agencies and accept donations from
270public and private sources if the district complies with
271paragraphs (1)(a) and (2)(b) and has a budget that requires
272approval through an affirmative vote of the governing body of
273the county or that may be vetoed by the governing body of the
274county.
275     (b)  If the provisions of a county charter relating to the
276membership of the governing board of a dependent special
277district conflict with paragraph (1)(a), a county may by
278ordinance create a dependent special district within the
279boundaries of the county for the purpose of providing
280preventive, developmental, treatment, and rehabilitative
281services for seniors and adults with developmental disabilities,
282and the district may seek grants from state, federal, and local
283agencies and accept donations from public and private sources if
284the district complies with paragraph (2)(b) and has a budget
285that requires approval through an affirmative vote of the
286governing body of the county or that may be vetoed by the
287governing body of the county.
288     (8)  It is the intent of the Legislature that the funds
289collected under this section be used to support improvements in
290services for seniors and adults with developmental disabilities
291and that such funds not be used as a substitute for existing
292resources or for resources that would otherwise be available for
293services for seniors and adults with developmental disabilities.
294     (9)  Two or more councils may enter into a cooperative
295agreement to share administrative costs, including, but not
296limited to, staff and office space, if a more efficient or
297effective operation will result. The cooperative agreement must
298include provisions on apportioning costs between the councils,
299keeping separate and distinct financial records for each
300council, and resolving any conflicts that might arise under the
301cooperative agreement.
302     (10)  Two or more councils may enter into a cooperative
303agreement to seek grants, accept donations, or jointly fund
304programs serving multicounty areas. The cooperative agreement
305must include provisions for the adequate accounting of separate
306and joint funds.
307     (11)  Councils or districts shall not require any public or
308private service provider to provide additional matching funds as
309a condition of the council or district providing services or
310programs to seniors and adults with developmental disabilities.
311     Section 2.  Part V of chapter 125, Florida Statutes,
312consisting of sections 125.901, 125.902, and 125.903, Florida
313Statutes, and entitled "Children's Services," is renamed as
314"Human Services."
315     Section 3.  Paragraph (b) of subsection (4) of section
316189.404, Florida Statutes, is amended to read:
317     189.404  Legislative intent for the creation of independent
318special districts; special act prohibitions; model elements and
319other requirements; general-purpose local government/Governor
320and Cabinet creation authorizations.--
321     (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
322AUTHORIZATIONS.--Except as otherwise authorized by general law,
323only the Legislature may create independent special districts.
324     (b)  A county may create an independent special district
325which shall be adopted by a charter in accordance with s.
326125.901, s. 125.903, or s. 154.331 or chapter 155, or which
327shall be established by ordinance in accordance with s. 190.005,
328or as otherwise authorized by general law.
329
330
331================ T I T L E  A M E N D M E N T =============
332     Delete the entire title and insert:
333
A bill to be entitled
334An act relating to housing; amending ss. 125.0167 and
335201.031, F.S.; authorizing certain counties operating
336under a home rule charter to levy the discretionary surtax
337for purposes of establishing and funding a Housing
338Assistance Loan Trust Fund to assist in providing housing
339for low-income and moderate-income families; prohibiting
340certain counties from levying the surtax unless approved
341by a majority of the electors of the county voting in a
342referendum; providing requirements for holding a
343referendum; providing for the future repeal of ss.
344125.0167 and 201.031, F.S., relating to the surtax on
345documents for purposes of funding housing assistance;
346amending s. 201.0205, F.S.; deleting references to ch. 83-
347220, Laws of Florida, to conform; updating cross
348references; repealing s. 3 of ch. 83-220, Laws of Florida,
349as amended, relating to the former repeal date established
350for the discretionary surtax on documents; creating s.
351125.903, F.S.; authorizing Broward county to create an
352independent special district to provide funding for
353services for seniors and adults with developmental
354disabilities; requiring a district charter; requiring
355approval by a majority vote of electors to annually levy
356ad valorem taxes not to exceed a certain maximum;
357requiring a referendum; creating a governing board for the
358special district; specifying criteria for membership to
359the governing board; providing terms of office; clarifying
360that a county may provide services for seniors and adults
361with developmental disabilities or create a special
362district to provide such services by general or special
363law; specifying the powers and functions of a council on
364services for seniors and adults with developmental
365disabilities; requiring each council to appoint a chair
366and a vice chair and elect officers, to identify and
367assess the needs of the seniors and adults with
368developmental disabilities in the county served by the
369council, to provide training and orientation to new
370members of the council, to make and adopt bylaws and rules
371for the council's operation and governance, and to provide
372an annual written report to the governing body of the
373county; requiring the council to maintain minutes of each
374meeting and to serve without compensation; requiring the
375council to prepare a tentative annual budget and to
376compute a millage rate to fund the tentative budget;
377requiring that all tax moneys collected be paid directly
378to the council on services for seniors and adults with
379developmental disabilities by the tax collector of the
380county and deposited in qualified public depositories;
381specifying expenditures of funds; requiring the council to
382prepare and file a financial report with the governing
383body of the county; providing that a district may be
384dissolved by a special act of the Legislature or by
385ordinance by the governing body of the county; specifying
386obligations of the county if a district is dissolved;
387authorizing the governing body of a county to fund the
388budget of the council on services for seniors and adults
389with developmental disabilities from its own funds after
390or during the council's first year of operation; requiring
391a special district to comply with statutory requirements
392related to the filing of a financial or compliance report;
393authorizing a county to create a dependent special
394district to provide certain services for seniors and
395adults with developmental disabilities; authorizing the
396district to seek grants and accept donations from public
397and private sources; providing legislative intent with
398respect to the use of funds collected by a council on
399services for seniors and adults with developmental
400disabilities; providing that two or more councils on
401services for seniors and adults with developmental
402disabilities may enter into a cooperative agreement to
403share administrative costs, staff, and office space and
404seek grants, accept donations, or jointly fund programs
405serving multicounty areas; prohibiting councils or
406districts from requiring matching funds from certain
407service providers as a condition to provision of services
408by the council or district; renaming part V of chapter
409125, F.S.; amending s. 189.404, F.S.; revising county
410authority to create an independent special district to
411include a reference to s. 125.903, F.S.; providing an
412effective date.
413


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