HB 1501

1
A bill to be entitled
2An act relating to Broward County; creating the Broward
3County Council for Services for Seniors and Adults with
4Developmental Disabilities; creating an independent
5special district to provide funding for services for
6seniors and adults with developmental disabilities;
7requiring approval by a majority vote of electors to
8annually levy ad valorem taxes not to exceed a certain
9maximum; creating a governing board for the district;
10specifying criteria for membership to the governing board;
11providing terms of office; specifying the powers and
12functions of the council; requiring the council to appoint
13a chair and vice chair and elect officers, to identify and
14assess the needs of seniors and adults with developmental
15disabilities, to provide training and orientation to new
16members of the council, to make and adopt bylaws and rules
17for the council's operation and governance, and to provide
18an annual report to the Broward County Board of County
19Commissioners; requiring the council to maintain minutes
20of each meeting and to serve without compensation;
21requiring the council to prepare a tentative annual budget
22and to compute a millage rate to fund the tentative
23budget; requiring that all tax moneys collected be paid
24directly to the council by the Broward County Tax
25Collector and deposited in qualified public depositories;
26specifying expenditures of funds; requiring the council to
27prepare and file a financial report to the Broward County
28Board of County Commissioners; providing that the district
29may be amended or dissolved by a special act of the
30Legislature; authorizing the Broward County Board of
31County Commissioners to fund the budget of the council
32from its own funds after or during the council's first
33year of operation; requiring the district to comply with
34statutory requirements related to the filing of a
35financial or compliance report; authorizing the district
36to seek grants and accept donations from public and
37private sources; providing legislative intent with respect
38to the use of funds collected by the council; requiring a
39referendum; providing a ballot statement; providing an
40effective date.
41
42     WHEREAS, the Legislature has determined that it would
43serve the public interest to establish an independent
44special district to provide services to seniors and adults
45with developmental disabilities within Broward County, NOW,
46THEREFORE,
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Services for seniors and adults with
51developmental disabilities; independent special district;
52council; powers, duties, and functions.--
53     (1)  There is hereby created an independent special
54district, as defined in sections 189.403 and 200.001, Florida
55Statutes, to provide funding for services for seniors and adults
56with developmental disabilities throughout Broward County in
57accordance with this act. The boundaries of such district shall
58be coterminous with the boundaries of Broward County. The
59district created pursuant to this act shall levy and fix millage
60as provided in section 200.065, Florida Statutes. Once the
61millage is approved by the electorate, the district is not
62required to seek approval of the electorate in future years to
63levy the previously approved millage. For purposes of this
64section, the term "senior" means a person who is at least 60
65years of age, and the term "adult with developmental
66disabilities" means an adult with developmental disabilities who
67is at least 22 years of age.
68     (2)  The governing board of the district shall be the
69Broward County Council for Services for Seniors and Adults with
70Developmental Disabilities. The council shall consist of 11
71members, including the executive director of the Area Agency on
72Aging of Broward County or his or her designee who is a director
73of senior programs; the Broward County Director of Human
74Services or his or her designee who is a director of elderly
75services; one person who is director of programs for adults with
76developmental disabilities or his or her designee; one member of
77the Broward County Board of County Commissioners; one nonvoting
78member of the Broward County Legislative Delegation appointed by
79the delegation chair; and one representative of the Broward
80League of Cities.  The executive director of the Area Agency on
81Aging of Broward County or his or her designee, the director of
82programs for adults with developmental disabilities or his or
83her designee, and the Broward County Director of Human Services
84or his or her designee are permanent positions. The members
85appointed from the Broward County Board of County Commissioners,
86the Broward County Legislative Delegation, and the Broward
87League of Cities shall be appointed to 2-year terms. The other
88five members shall be appointed by the Governor and shall
89represent, to the greatest extent possible, the cultural
90diversity of Broward County's population. At least one of the
91gubernatorial designees must be an individual who is a caretaker
92or family member of a person who is 22 years of age or older and
93has a developmental disability, and at least one must be 60
94years of age or older. Recommendations for these memberships
95shall be provided by the Broward County Board of County
96Commissioners. Three names shall be submitted for each vacancy,
97determined by category. The gubernatorial appointees shall be
98appointed to 4-year terms and may be reappointed for one
99additional term of office. The Governor shall make a selection
100within a 45-day period or request a new list of candidates. All
101members appointed by the Governor must have been residents of
102Broward County for the previous 24-month period. The length of
103the terms of the initial appointees shall be adjusted to stagger
104the terms. The Governor may remove a member for cause or upon
105the written petition of the Broward County Board of County
106Commissioners. If any of the members of the Council required to
107be appointed by the Governor resigns, dies, or is removed from
108office, the vacancy shall be filled by appointment by the
109Governor, using the same method as the original appointment, and
110such appointment to fill a vacancy shall be for the unexpired
111term of the member who resigns, dies, or is removed from office.
112     (3)(a)  The Broward County Council for Services for Seniors
113and Adults with Developmental Disabilities may:
114     1.  Provide and maintain in the county the preventive,
115developmental, treatment, and rehabilitative services for
116seniors and adults with developmental disabilities which the
117council determines are needed for the general welfare of seniors
118and adults with developmental disabilities.
119     2.  Provide any other services which the council determines
120are needed for the general welfare of seniors and adults with
121developmental disabilities in the county.
122     3.  Allocate and provide funds for other agencies in the
123county which are operated for the benefit of seniors and adults
124with developmental disabilities.
125     4.  Collect information and statistical data and conduct
126research and assessments that will be helpful to the council and
127the county in deciding the needs of seniors and adults with
128developmental disabilities in the county.
129     5.  Consult and coordinate with other agencies dedicated to
130the welfare of seniors and adults with developmental
131disabilities to the end that the overlapping of services will be
132prevented.
133     6.  Seek grants from state, federal, and local agencies and
134accept donations from public and private sources.
135     7.  Lease or buy real estate, equipment, and personal
136property and construct buildings as needed to execute the
137foregoing powers and functions, except that such purchases may
138not be made or building done unless paid for with cash on hand
139or secured by funds deposited in financial institutions. This
140subparagraph does not authorize a district to issue bonds of any
141nature, and a district does not have the power to require the
142imposition of any bond by the governing body of the county.
143     8.  Employ, pay, and provide benefits for any part-time or
144full-time personnel needed to execute the foregoing powers and
145functions.
146     (b)  The Broward County Council for Services for Seniors
147and Adults with Developmental Disabilities shall:
148     1.  Immediately after the members are appointed, elect a
149chair and vice chair from among its members and elect other
150officers as deemed necessary by the council.
151     2.  Immediately after the members are appointed and
152officers are elected, identify and assess the needs of seniors
153and adults with developmental disabilities in the county and
154submit to the Broward County Board of County Commissioners a
155written description of:
156     a.  The activities, services, and opportunities that will
157be provided to seniors and adults with developmental
158disabilities.
159     b.  The anticipated schedule for providing those
160activities, services, and opportunities.
161     c.  The manner in which seniors and adults with
162developmental disabilities will be served, including a
163description of arrangements and agreements that will be made
164with community organizations, state and local educational
165agencies, federal agencies, public assistance agencies, the
166court system, guardianship groups, and other applicable public
167and private agencies and organizations.
168     d.  The special outreach efforts that will be undertaken to
169provide services to seniors and adults with developmental
170disabilities who are at risk, abused, or neglected and ailing
171seniors or profoundly afflicted adults with developmental
172disabilities.
173     e.  The manner in which the council will seek and provide
174funding for unmet needs.
175     f.  The strategy that will be used for interagency
176coordination to maximize existing human and fiscal resources.
177     3.  Provide training and orientation to all new members
178sufficient to allow them to perform their duties.
179     4.  Make and adopt bylaws and rules for the council's
180guidance, operation, governance, and maintenance, if such rules
181are not inconsistent with federal or state laws or county
182ordinances.
183     5.  Provide an annual written report, to be presented no
184later than January 1, to the Broward County Board of County
185Commissioners. The annual report must contain, but need not be
186limited to:
187     a.  Information on the effectiveness of activities,
188services, and programs offered by the council, including cost
189effectiveness.
190     b.  A detailed anticipated budget for continuation of
191activities, services, and programs offered by the council and a
192list of all sources of requested funding, both public and
193private.
194     c.  Procedures used for early identification of at-risk
195seniors and adults with developmental disabilities who need
196additional or continued services and methods for ensuring that
197the additional or continued services are received.
198     d.  A description of the degree to which the council's
199objectives and activities are consistent with the goals of this
200section.
201     e.  Detailed information of the various programs, services,
202and activities available to seniors and adults with
203developmental disabilities.
204     f.  Information on programs, services, and activities that
205should be eliminated; programs, services, and activities that
206should be continued; and programs, services, and activities that
207should be added to the basic format of the council.
208     (c)  The council shall maintain minutes of each meeting,
209including a record of all votes cast, and shall make such
210minutes available to any interested person.
211     (d)  Members of the council shall serve without
212compensation, but are entitled to receive reimbursement for per
213diem and travel expenses consistent with section 112.061,
214Florida Statutes.
215     (4)(a)  The district shall maintain the same fiscal year as
216that of Broward County.
217     (b)  On or before July 1 of each year, the council shall
218prepare a tentative annual written budget of the district's
219expected income and expenditures, including a contingency fund.
220The council shall, in addition, compute a proposed millage rate
221within the voter-approved cap necessary to fund the tentative
222budget and, prior to adopting a final budget, comply with
223section 200.065, Florida Statutes, relating to the method of
224fixing millage, and fix the final millage rate by resolution of
225the council. The adopted budget and final millage rate must be
226certified and delivered to the Broward County Board of County
227Commissioners as soon as possible following the council's
228adoption of the final budget and millage rate under chapter 200,
229Florida Statutes. Included in each certified budget shall be the
230millage rate, adopted by resolution of the council, necessary to
231be applied to raise the funds budgeted for district operations
232and expenditures. District millage may not exceed 0.5 mills of
233assessed valuation of all properties within Broward County which
234are subject to ad valorem county taxes.
235     (c)  After the budget of the district is certified and
236delivered to the Broward County Board of County Commissioners,
237the budget may not be changed or modified by the Broward County
238Board of County Commissioners or any other authority.
239     (d)  All taxes collected under this section, as soon after
240collection as is reasonably practicable, shall be paid directly
241to the council by the Broward County Revenue Collection
242Division.
243     (e)1.  All moneys received by the council shall be
244deposited in qualified public depositories, as defined in
245section 280.02, Florida Statutes, with separate and
246distinguishable accounts established specifically for the
247council and may be withdrawn only by checks signed by the chair
248of the council and countersigned by one other member of the
249council or by a chief executive officer authorized by the
250council.
251     2.  Upon entering the duties of office, the chair and the
252other member of the council or chief executive officer who signs
253its checks shall each file a surety bond in the sum of at least
254$1,000 for each $1 million or portion thereof of the council's
255annual budget, which bond shall be conditioned upon the faithful
256discharge of the duties of his or her office. The premium on
257such bond may be paid by the district as part of the expenses of
258the council. Other members of the council may not be required to
259give bond or other security.
260     3.  Funds of the district may not be expended except by
261check, except expenditures from a petty cash account, which
262account may not at any time exceed $100. All expenditures from
263petty cash must be recorded on the books and records of the
264council. Funds of the council, except expenditures from petty
265cash, may not be expended without prior approval of the council,
266in addition to the budgeting thereof.
267     (f)  Within 10 days, exclusive of weekends and legal
268holidays, after the expiration of each quarter-annual period,
269the council shall prepare and file with the Broward County Board
270of County Commissioners a financial report that includes:
271     1.  The total expenditures of the council for the quarter-
272annual period.
273     2.  The total receipts of the council during the quarter-
274annual period.
275     3.  A statement of the funds the council has on hand, has
276invested, or has deposited with qualified public depositories at
277the end of the quarter-annual period.
278     4.  The total administrative costs of the council for the
279quarter-annual period.
280     (5)  The district created under this act may be amended or
281dissolved by a special act of the Legislature.
282     (6)  After or during the first year of operation of the
283council, the Broward County Board of County Commissioners, at
284its option, may fund in whole or in part the budget of the
285council from its own funds.
286     (7)  The district created under this act shall comply with
287all other statutory requirements of general application which
288relate to the filing of any financial reports or compliance
289reports required under part III of chapter 218, Florida
290Statutes, or any other report or documentation required by law,
291including the requirements of sections 189.415, 189.417, and
292189.418, Florida Statutes.
293     Section 2.  Referendum.--The Broward County Board of County
294Commissioners is hereby directed to call a special referendum
295election to be held in conjunction with the primary election
296held on September 5, 2006, to carry out the purposes and intent
297of this act and to do all things necessary to implement and fund
298the Broward County Council for Services for Seniors and Adults
299with Developmental Disabilities and the independent special
300district created hereby in accordance with the terms of this act
301and the laws pertaining to elections. The items that shall
302appear on the ballot on September 5, 2006, the date of the
303primary election of 2006, shall be as follows:
304
305Creating the Council for Services for Seniors and Adults with
306Developmental Disabilities.
307
308An independent special district known as the "Broward County
309Council for Services for Seniors and Adults with Developmental
310Disabilities" is created to fund the improvement of services for
311seniors and adults with developmental disabilities.
312
313Yes ___
314No  ___
315
316Authorizing Tax Rate for the Council for Services for Seniors
317and Adults with Developmental Disabilities.
318
319The Broward County Council for Services for Seniors and Adults
320with Developmental Disabilities is authorized to levy each year
321an ad valorem tax not to exceed 0.5 mills to fund services for
322seniors and adults with developmental disabilities.
323
324Yes____
325No_____
326     Section 3.  This act and the provisions of section 1 which
327authorize ad valorem taxation shall take effect only upon
328approval by a majority vote of those qualified electors of
329Broward County voting in a referendum to be held in conjunction
330with the primary election held on September 5, 2006, in
331accordance with the provisions of law relating to elections
332currently in force, except that this section and section 2 of
333this act shall take effect upon becoming a law.


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