HB 1501CS

CHAMBER ACTION



1The Elder & Long-Term Care Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to Broward County; creating the Broward
7County Council for Services for Seniors and Adults with
8Developmental Disabilities; creating an independent
9special district to provide funding for services for
10seniors and adults with developmental disabilities;
11requiring approval by a majority vote of electors to
12annually levy ad valorem taxes not to exceed a certain
13maximum; creating a governing board for the district;
14specifying criteria for membership to the governing board;
15providing terms of office; specifying the powers and
16functions of the council; requiring the council to appoint
17a chair and vice chair and elect officers, to identify and
18assess the needs of seniors and adults with developmental
19disabilities, to provide training and orientation to new
20members of the council, to make and adopt bylaws and rules
21for the council's operation and governance, and to provide
22an annual report to the Broward County Board of County
23Commissioners; requiring the council to maintain minutes
24of each meeting and to serve without compensation;
25requiring the council to prepare a tentative annual budget
26and to compute a millage rate to fund the tentative
27budget; requiring that all tax moneys collected be paid
28directly to the council by the Broward County Tax
29Collector and deposited in qualified public depositories;
30specifying expenditures of funds; requiring the council to
31prepare and file a financial report to the Broward County
32Board of County Commissioners; providing that the district
33may be amended or dissolved by a special act of the
34Legislature; authorizing the Broward County Board of
35County Commissioners to fund the budget of the council
36from its own funds after or during the council's first
37year of operation; requiring the district to comply with
38statutory requirements related to the filing of a
39financial or compliance report; authorizing the district
40to seek grants and accept donations from public and
41private sources; providing legislative intent with respect
42to the use of funds collected by the council; prohibiting
43the council from requiring certain matching funds;
44requiring a referendum; providing a ballot statement;
45providing an effective date.
46
47     WHEREAS, the Legislature has determined that it would
48serve the public interest to establish an independent
49special district to provide services to seniors and adults
50with developmental disabilities within Broward County, NOW,
51THEREFORE,
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Services for seniors and adults with
56developmental disabilities; independent special district;
57council; powers, duties, and functions.--
58     (1)  There is hereby created an independent special
59district, as defined in sections 189.403 and 200.001, Florida
60Statutes, to provide funding for services for seniors and adults
61with developmental disabilities throughout Broward County in
62accordance with this act. The boundaries of such district shall
63be coterminous with the boundaries of Broward County. The
64district created pursuant to this act shall levy and fix millage
65as provided in section 200.065, Florida Statutes. Once the
66millage is approved by the electorate, the district is not
67required to seek approval of the electorate in future years to
68levy the previously approved millage. For purposes of this
69section, the term "senior" means a person who is at least 60
70years of age, and the term "adult with developmental
71disabilities" means an adult with developmental disabilities who
72is at least 22 years of age.
73     (2)  The governing board of the district shall be the
74Broward County Council for Services for Seniors and Adults with
75Developmental Disabilities. The council shall consist of 11
76members, including the executive director of the Area Agency on
77Aging of Broward County or his or her designee who is a director
78of senior programs; the Broward County Director of Human
79Services or his or her designee who is a director of elderly
80services; one person who is director of programs for adults with
81developmental disabilities or his or her designee; one member of
82the Broward County Board of County Commissioners; one nonvoting
83member of the Broward County Legislative Delegation appointed by
84the delegation chair; and one representative of the Broward
85League of Cities. The executive director of the Area Agency on
86Aging of Broward County or his or her designee, the director of
87programs for adults with developmental disabilities or his or
88her designee, and the Broward County Director of Human Services
89or his or her designee are permanent positions. The members
90appointed from the Broward County Board of County Commissioners,
91the Broward County Legislative Delegation, and the Broward
92League of Cities shall be appointed to 2-year terms. The other
93five members shall be appointed by the Governor and shall
94represent, to the greatest extent possible, the cultural
95diversity of Broward County's population. At least one of the
96gubernatorial designees must be an individual who is a caretaker
97or family member of a person who is 22 years of age or older and
98has a developmental disability, and at least one must be 60
99years of age or older. Recommendations for these memberships
100shall be provided by the Broward County Board of County
101Commissioners. Three names shall be submitted for each vacancy,
102determined by category. The gubernatorial appointees shall be
103appointed to 4-year terms and may be reappointed for one
104additional term of office. The Governor shall make a selection
105within a 45-day period or request a new list of candidates. All
106members appointed by the Governor must have been residents of
107Broward County for the previous 24-month period. The length of
108the terms of the initial appointees shall be adjusted to stagger
109the terms. The Governor may remove a member for cause or upon
110the written petition of the Broward County Board of County
111Commissioners. If any of the members of the Council required to
112be appointed by the Governor resigns, dies, or is removed from
113office, the vacancy shall be filled by appointment by the
114Governor, using the same method as the original appointment, and
115such appointment to fill a vacancy shall be for the unexpired
116term of the member who resigns, dies, or is removed from office.
117     (3)(a)  The Broward County Council for Services for Seniors
118and Adults with Developmental Disabilities may:
119     1.  Provide and maintain in the county the preventive,
120developmental, treatment, and rehabilitative services for
121seniors and adults with developmental disabilities which the
122council determines are needed for the general welfare of seniors
123and adults with developmental disabilities.
124     2.  Provide any other services which the council determines
125are needed for the general welfare of seniors and adults with
126developmental disabilities in the county.
127     3.  Allocate and provide funds for other agencies in the
128county which are operated for the benefit of seniors and adults
129with developmental disabilities.
130     4.  Collect information and statistical data and conduct
131research and assessments that will be helpful to the council and
132the county in deciding the needs of seniors and adults with
133developmental disabilities in the county.
134     5.  Consult and coordinate with other agencies dedicated to
135the welfare of seniors and adults with developmental
136disabilities to the end that the overlapping of services will be
137prevented.
138     6.  Seek grants from state, federal, and local agencies and
139accept donations from public and private sources.
140     7.  Lease or buy real estate, equipment, and personal
141property and construct buildings as needed to execute the
142foregoing powers and functions, except that such purchases may
143not be made or building done unless paid for with cash on hand
144or secured by funds deposited in financial institutions. This
145subparagraph does not authorize a district to issue bonds of any
146nature, and a district does not have the power to require the
147imposition of any bond by the governing body of the county.
148     8.  Employ, pay, and provide benefits for any part-time or
149full-time personnel needed to execute the foregoing powers and
150functions.
151     (b)  The Broward County Council for Services for Seniors
152and Adults with Developmental Disabilities shall:
153     1.  Immediately after the members are appointed, elect a
154chair and vice chair from among its members and elect other
155officers as deemed necessary by the council.
156     2.  Immediately after the members are appointed and
157officers are elected, identify and assess the needs of seniors
158and adults with developmental disabilities in the county and
159submit to the Broward County Board of County Commissioners a
160written description of:
161     a.  The activities, services, and opportunities that will
162be provided to seniors and adults with developmental
163disabilities.
164     b.  The anticipated schedule for providing those
165activities, services, and opportunities.
166     c.  The manner in which seniors and adults with
167developmental disabilities will be served, including a
168description of arrangements and agreements that will be made
169with community organizations, state and local educational
170agencies, federal agencies, public assistance agencies, the
171court system, guardianship groups, and other applicable public
172and private agencies and organizations.
173     d.  The special outreach efforts that will be undertaken to
174provide services to seniors and adults with developmental
175disabilities who are at risk, abused, or neglected and ailing
176seniors or profoundly afflicted adults with developmental
177disabilities.
178     e.  The manner in which the council will seek and provide
179funding for unmet needs.
180     f.  The strategy that will be used for interagency
181coordination to maximize existing human and fiscal resources.
182     3.  Provide training and orientation to all new members
183sufficient to allow them to perform their duties.
184     4.  Make and adopt bylaws and rules for the council's
185guidance, operation, governance, and maintenance, if such rules
186are not inconsistent with federal or state laws or county
187ordinances.
188     5.  Provide an annual written report, to be presented no
189later than January 1, to the Broward County Board of County
190Commissioners. The annual report must contain, but need not be
191limited to:
192     a.  Information on the effectiveness of activities,
193services, and programs offered by the council, including cost
194effectiveness.
195     b.  A detailed anticipated budget for continuation of
196activities, services, and programs offered by the council and a
197list of all sources of requested funding, both public and
198private.
199     c.  Procedures used for early identification of at-risk
200seniors and adults with developmental disabilities who need
201additional or continued services and methods for ensuring that
202the additional or continued services are received.
203     d.  A description of the degree to which the council's
204objectives and activities are consistent with the goals of this
205section.
206     e.  Detailed information of the various programs, services,
207and activities available to seniors and adults with
208developmental disabilities.
209     f.  Information on programs, services, and activities that
210should be eliminated; programs, services, and activities that
211should be continued; and programs, services, and activities that
212should be added to the basic format of the council.
213     (c)  The council shall maintain minutes of each meeting,
214including a record of all votes cast, and shall make such
215minutes available to any interested person.
216     (d)  Members of the council shall serve without
217compensation, but are entitled to receive reimbursement for per
218diem and travel expenses consistent with section 112.061,
219Florida Statutes.
220     (4)(a)  The district shall maintain the same fiscal year as
221that of Broward County.
222     (b)  On or before July 1 of each year, the council shall
223prepare a tentative annual written budget of the district's
224expected income and expenditures, including a contingency fund.
225The council shall, in addition, compute a proposed millage rate
226within the voter-approved cap necessary to fund the tentative
227budget and, prior to adopting a final budget, comply with
228section 200.065, Florida Statutes, relating to the method of
229fixing millage, and fix the final millage rate by resolution of
230the council. The adopted budget and final millage rate must be
231certified and delivered to the Broward County Board of County
232Commissioners as soon as possible following the council's
233adoption of the final budget and millage rate under chapter 200,
234Florida Statutes. Included in each certified budget shall be the
235millage rate, adopted by resolution of the council, necessary to
236be applied to raise the funds budgeted for district operations
237and expenditures. District millage may not exceed 0.5 mills of
238assessed valuation of all properties within Broward County which
239are subject to ad valorem county taxes.
240     (c)  After the budget of the district is certified and
241delivered to the Broward County Board of County Commissioners,
242the budget may not be changed or modified by the Broward County
243Board of County Commissioners or any other authority.
244     (d)  All taxes collected under this section, as soon after
245collection as is reasonably practicable, shall be paid directly
246to the council by the Broward County Revenue Collection
247Division.
248     (e)1.  All moneys received by the council shall be
249deposited in qualified public depositories, as defined in
250section 280.02, Florida Statutes, with separate and
251distinguishable accounts established specifically for the
252council and may be withdrawn only by checks signed by the chair
253of the council and countersigned by one other member of the
254council or by a chief executive officer authorized by the
255council.
256     2.  Upon entering the duties of office, the chair and the
257other member of the council or chief executive officer who signs
258its checks shall each file a surety bond in the sum of at least
259$1,000 for each $1 million or portion thereof of the council's
260annual budget, which bond shall be conditioned upon the faithful
261discharge of the duties of his or her office. The premium on
262such bond may be paid by the district as part of the expenses of
263the council. Other members of the council may not be required to
264give bond or other security.
265     3.  Funds of the district may not be expended except by
266check, except expenditures from a petty cash account, which
267account may not at any time exceed $100. All expenditures from
268petty cash must be recorded on the books and records of the
269council. Funds of the council, except expenditures from petty
270cash, may not be expended without prior approval of the council,
271in addition to the budgeting thereof.
272     (f)  Within 10 days, exclusive of weekends and legal
273holidays, after the expiration of each quarter-annual period,
274the council shall prepare and file with the Broward County Board
275of County Commissioners a financial report that includes:
276     1.  The total expenditures of the council for the quarter-
277annual period.
278     2.  The total receipts of the council during the quarter-
279annual period.
280     3.  A statement of the funds the council has on hand, has
281invested, or has deposited with qualified public depositories at
282the end of the quarter-annual period.
283     4.  The total administrative costs of the council for the
284quarter-annual period.
285     (5)  The district created under this act may be amended or
286dissolved by a special act of the Legislature.
287     (6)  After or during the first year of operation of the
288council, the Broward County Board of County Commissioners, at
289its option, may fund in whole or in part the budget of the
290council from its own funds.
291     (7)  The district created under this act shall comply with
292all other statutory requirements of general application which
293relate to the filing of any financial reports or compliance
294reports required under part III of chapter 218, Florida
295Statutes, or any other report or documentation required by law,
296including the requirements of sections 189.415, 189.417, and
297189.418, Florida Statutes.
298     (8)  The Broward County Council for Services for Seniors
299and Adults with Developmental Disabilities shall not require any
300public or private service provider to provide additional
301matching funds as a condition of the council's or district's
302providing services or programs to seniors and adults with
303developmental disabilities.
304     Section 2.  Referendum.--The Broward County Board of County
305Commissioners shall call and the Supervisor of Elections of
306Broward County shall conduct, in conjunction with the primary
307election to be held on September 5, 2006, a referendum as
308follows:
309
310Creating the Council for Services for Seniors and Adults with
311Developmental Disabilities and authorization of taxation.
312
313Shall an independent special district known as the "Council for
314Services for Seniors and Adults with Developmental Disabilities"
315be created by special act of the Legislature with authority to
316levy each year an ad valorem tax not to exceed one-half of one
317mill to fund services for seniors and adults with developmental
318disabilities?
319
320Yes ___
321No  ___
322     Section 3.  This act and the provisions of section 1 which
323authorize ad valorem taxation shall take effect only upon
324approval by a majority vote of those qualified electors of
325Broward County voting in a referendum to be held in conjunction
326with the primary election held on September 5, 2006, in
327accordance with the provisions of law relating to elections
328currently in force, except that this section and section 2 of
329this act shall take effect upon becoming a law.


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