HB 0229

1
A bill to be entitled
2An act relating to services for seniors and adults with
3developmental disabilities; authorizing each county to
4create an independent special district to provide funding
5for services for seniors and adults with developmental
6disabilities; requiring approval by a majority vote of
7electors to annually levy ad valorem taxes not to exceed a
8certain maximum; creating a governing board for the
9special district; specifying criteria for membership to
10the governing board; providing terms of office; clarifying
11that a county may provide services for seniors and adults
12with developmental disabilities or create a special
13district to provide such services by general or special
14law; specifying the powers and functions of a council on
15services for seniors and adults with developmental
16disabilities; requiring each council to appoint a chair
17and a vice chair and elect officers, to identify and
18assess the needs of the seniors and adults with
19developmental disabilities in the county served by the
20council, to provide training and orientation to new
21members of the council, to make and adopt bylaws and rules
22for the council's operation and governance, and to provide
23an annual written report to the governing body of the
24county; requiring the council to maintain minutes of each
25meeting and to serve without compensation; requiring the
26council to prepare a tentative annual budget and to
27compute a millage rate to fund the tentative budget;
28requiring that all tax moneys collected be paid directly
29to the council on services for seniors and adults with
30developmental disabilities by the tax collector of the
31county and deposited in qualified public depositories;
32specifying expenditures of funds; requiring the council to
33prepare and file a financial report with the governing
34body of the county; providing that a district may be
35dissolved by a special act of the Legislature or by
36ordinance by the governing body of the county; specifying
37obligations of the county if a district is dissolved;
38authorizing the governing body of a county to fund the
39budget of the council on services for seniors and adults
40with developmental disabilities from its own funds after
41or during the council's first year of operation; requiring
42a special district to comply with statutory requirements
43related to the filing of a financial or compliance report;
44authorizing a county to create a dependent special
45district to provide certain services for seniors and
46adults with developmental disabilities; authorizing the
47district to seek grants and accept donations from public
48and private sources; providing legislative intent with
49respect to the use of funds collected by a council on
50services for seniors and adults with developmental
51disabilities; providing that two or more councils on
52services for seniors and adults with developmental
53disabilities may enter into a cooperative agreement to
54share administrative costs, staff, and office space and
55seek grants, accept donations, or jointly fund programs
56serving multicounty areas; prohibiting councils or
57districts from requiring matching funds from certain
58service providers as a condition to provision of services
59by the council or district; providing an effective date.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Services for seniors and adults with
64developmental disabilities; independent special district;
65council; powers, duties, and functions.--
66     (1)  Each county may by ordinance create an independent
67special district, as defined in ss. 189.403 and 200.001, Florida
68Statutes, to provide funding for services for seniors and adults
69with developmental disabilities throughout the county in
70accordance with this section. The boundaries of such district
71must be coterminous with the boundaries of the county. The
72county governing body shall obtain approval, by a majority vote
73of those electors voting on the question, to annually levy ad
74valorem taxes that may not exceed the maximum millage rate
75authorized by this section. A district created under this
76subsection shall levy and fix millage as provided in s. 200.065,
77Florida Statutes. Once the millage is approved by the
78electorate, the district is not required to seek approval of the
79electorate in future years to levy the previously approved
80millage. For purposes of this section, the term "senior" means a
81person who is at least 60 years of age and the term "adult with
82developmental disabilities" means an adult with developmental
83disabilities who is at least 22 years of age.
84     (a)  The governing board of the district shall be a council
85on services for seniors and adults with developmental
86disabilities. The council shall consist of 11 members, including
87the executive director of the area agency on aging or his or her
88designee who is a director of senior programs; the county
89director of human services or his or her designee who is a
90director of elderly services; one person who is a director of
91programs for adults with developmental disabilities or his or
92her designee; one member of the county governing board; one
93nonvoting member of the legislative delegation for the county
94appointed by the delegation chair; and one county representative
95of the Florida League of Cities. The executive director of the
96area agency on aging and his or her designee, the director of
97programs for adults with developmental disabilities and his or
98her designee, and the county director of human services and his
99or her designee are permanent positions. The members from the
100county governing board, the legislative delegation, and the
101Florida League of Cities shall be appointed to 2-year terms. The
102other five members must be appointed by the Governor and shall
103represent, to the greatest extent possible, the cultural
104diversity of the county's population. At least one of the
105gubernatorial designees must be an individual who is a caretaker
106or family member of a person who is 22 years of age or older and
107has a developmental disability and at least one must be 60 years
108of age or older. Recommendations for these memberships shall be
109provided by the county governing board. Three names shall be
110submitted for each vacancy, determined by category. The
111gubernatorial appointees shall be appointed to 4-year terms and
112may be reappointed for one additional term of office. The
113Governor shall make a selection within a 45-day period or
114request a new list of candidates. All members appointed by the
115Governor must have been residents of the county for the previous
11624-month period. The length of the terms of the initial
117appointees shall be adjusted to stagger the terms. The Governor
118may remove a member for cause or upon the written petition of
119the county governing body. If any of the members of the council
120required to be appointed by the Governor resign, die, or are
121removed from office, the vacancy shall be filled by appointment
122by the Governor, using the same method as the original
123appointment, and such appointment to fill a vacancy shall be for
124the unexpired term of the member who resigns, dies, or is
125removed from office.
126     (b)  This subsection does not prohibit a county from
127exercising the power authorized by general or special law to
128provide services for seniors and adults with developmental
129disabilities or to create a special district to provide those
130services.
131     (2)(a)  Each council may:
132     1.  Provide and maintain in the county the preventive,
133developmental, treatment, and rehabilitative services for
134seniors and adults with developmental disabilities which the
135council determines are needed for the general welfare of seniors
136and adults with developmental disabilities in the county.
137     2.  Provide any other services which the council determines
138are needed for the general welfare of seniors and adults with
139developmental disabilities in the county.
140     3.  Allocate and provide funds for other agencies in the
141county which are operated for the benefit of seniors and adults
142with developmental disabilities.
143     4.  Collect information and statistical data and conduct
144research and assessments that will be helpful to the council and
145the county in deciding the needs of seniors and adults with
146developmental disabilities in the county.
147     5.  Consult and coordinate with other agencies dedicated to
148the welfare of seniors and adults with developmental
149disabilities to the end that the overlapping of services will be
150prevented.
151     6.  Lease or buy real estate, equipment, and personal
152property and construct buildings as needed to execute the
153foregoing powers and functions, except that such purchases may
154not be made or building done unless paid for with cash on hand
155or secured by funds deposited in financial institutions. This
156subparagraph does not authorize a district to issue bonds of any
157nature, and a district does not have the power to require the
158imposition of any bond by the governing body of the county.
159     7.  Employ, pay, and provide benefits for any part-time or
160full-time personnel needed to execute the foregoing powers and
161functions.
162     (b)  Each council shall:
163     1.  Immediately after the members are appointed, elect a
164chair and a vice chair from among its members and elect other
165officers as deemed necessary by the council.
166     2.  Immediately after the members are appointed and
167officers are elected, identify and assess the needs of seniors
168and adults with developmental disabilities in the county served
169by the council and submit to the governing body of each county a
170written description of:
171     a.  The activities, services, and opportunities that will
172be provided to seniors and adults with developmental
173disabilities.
174     b.  The anticipated schedule for providing those
175activities, services, and opportunities.
176     c.  The manner in which seniors and adults with
177developmental disabilities will be served, including a
178description of arrangements and agreements that will be made
179with community organizations, state and local educational
180agencies, federal agencies, public assistance agencies, the
181court system, guardianship groups, and other applicable public
182and private agencies and organizations.
183     d.  The special outreach efforts that will be undertaken to
184provide services to seniors and adults with developmental
185disabilities who are at-risk, abused, or neglected and ailing
186seniors or profoundly afflicted adults with developmental
187disabilities.
188     e.  The manner in which the council will seek and provide
189funding for unmet needs.
190     f.  The strategy that will be used for interagency
191coordination to maximize existing human and fiscal resources.
192     3.  Provide training and orientation to all new members
193sufficient to allow them to perform their duties.
194     4.  Make and adopt bylaws and rules for the council's
195guidance, operation, governance, and maintenance, if such rules
196are not inconsistent with federal or state laws or county
197ordinances.
198     5.  Provide an annual written report, to be presented no
199later than January 1, to the governing body of the county. The
200annual report must contain, but need not be limited to:
201     a.  Information on the effectiveness of activities,
202services, and programs offered by the council, including cost-
203effectiveness.
204     b.  A detailed anticipated budget for continuation of
205activities, services, and programs offered by the council, and a
206list of all sources of requested funding, both public and
207private.
208     c.  Procedures used for early identification of at-risk
209seniors and adults with developmental disabilities who need
210additional or continued services and methods for ensuring that
211the additional or continued services are received.
212     d.  A description of the degree to which the council's
213objectives and activities are consistent with the goals of this
214section.
215     e.  Detailed information on the various programs, services,
216and activities available to seniors and adults with
217developmental disabilities and the degree to which the programs,
218services, and activities have been successfully used by seniors
219and adults with developmental disabilities.
220     f.  Information on programs, services, and activities that
221should be eliminated; programs, services, and activities that
222should be continued; and programs, services, and activities that
223should be added to the basic format of the council.
224     (c)  The council shall maintain minutes of each meeting,
225including a record of all votes cast, and shall make such
226minutes available to any interested person.
227     (d)  Members of the council shall serve without
228compensation, but are entitled to receive reimbursement for per
229diem and travel expenses consistent with s. 112.061, Florida
230Statutes.
231     (3)(a)  The district shall maintain the same fiscal year as
232that of the county.
233     (b)  On or before July 1 of each year, the council shall
234prepare a tentative annual written budget of the district's
235expected income and expenditures, including a contingency fund.
236The council shall, in addition, compute a proposed millage rate
237within the voter-approved cap necessary to fund the tentative
238budget and, prior to adopting a final budget, comply with s.
239200.065, Florida Statutes, relating to the method of fixing
240millage, and fix the final millage rate by resolution of the
241council. The adopted budget and final millage rate must be
242certified and delivered to the governing body of the county as
243soon as possible following the council's adoption of the final
244budget and millage rate under chapter 200, Florida Statutes.
245Included in each certified budget shall be the millage rate,
246adopted by resolution of the council, necessary to be applied to
247raise the funds budgeted for district operations and
248expenditures. District millage may not exceed 0.5 mills of
249assessed valuation of all properties within the county which are
250subject to ad valorem county taxes.
251     (c)  After the budget of the district is certified and
252delivered to the governing body of the county, the budget may
253not be changed or modified by the governing body of the county
254or any other authority.
255     (d)  All taxes collected under this section, as soon after
256collection as is reasonably practicable, shall be paid directly
257to the council by the tax collector of the county or the clerk
258of the circuit court, if the clerk collects delinquent taxes.
259     (e)1.  All moneys received by the council shall be
260deposited in qualified public depositories, as defined in s.
261280.02, Florida Statutes, with separate and distinguishable
262accounts established specifically for the council and may be
263withdrawn only by checks signed by the chair of the council and
264countersigned by one other member of the council or by a chief
265executive officer authorized by the council.
266     2.  Upon entering the duties of office, the chair and the
267other member of the council or chief executive officer who signs
268its checks shall each give a surety bond in the sum of at least
269$1,000 for each $1 million or portion thereof of the council's
270annual budget, which bond shall be conditioned upon the faithful
271discharge of the duties of his or her office. The premium on
272such bond may be paid by the district as part of the expense of
273the council. Other members of the council may not be required to
274give bond or other security.
275     3.  Funds of the district may not be expended except by
276check, except expenditures from a petty cash account, which
277account may not at any time exceed $100. All expenditures from
278petty cash must be recorded on the books and records of the
279council. Funds of the council, except expenditures from petty
280cash, may not be expended without prior approval of the council,
281in addition to the budgeting thereof.
282     (f)  Within 10 days, exclusive of weekends and legal
283holidays, after the expiration of each quarter-annual period,
284the council shall prepare and file with the governing body of
285the county a financial report that includes:
286     1.  The total expenditures of the council for the quarter-
287annual period.
288     2.  The total receipts of the council during the quarter-
289annual period.
290     3.  A statement of the funds the council has on hand, has
291invested, or has deposited with qualified public depositories at
292the end of the quarter-annual period.
293     4.  The total administrative costs of the council for the
294quarter-annual period.
295     (4)  Any district created under this section may be
296dissolved by a special act of the Legislature, or the county
297governing body may by ordinance dissolve the district subject to
298the approval of the electorate. If any district is dissolved
299under this subsection, each county shall first obligate itself
300to assume the debts, liabilities, contracts, and outstanding
301obligations of the district within the total millage available
302to the county governing body for all county and municipal
303purposes as provided for under section 9, Article VII of the
304State Constitution. Any district may also be dissolved under s.
305189.4042, Florida Statutes.
306     (5)  After or during the first year of operation of the
307council, the governing body of the county, at its option, may
308fund in whole or in part the budget of the council from its own
309funds.
310     (6)  Any district created under this section shall comply
311with all other statutory requirements of general application
312which relate to the filing of any financial reports or
313compliance reports required under part III of chapter 218,
314Florida Statutes, or any other report or documentation required
315by law, including the requirements of ss. 189.415, 189.417, and
316189.418, Florida Statutes.
317     (7)(a)  Each county may by ordinance create a dependent
318special district within the boundaries of the county for the
319purpose of providing preventive, developmental, treatment, and
320rehabilitative services for seniors and adults with
321developmental disabilities. The district may seek grants from
322state, federal, and local agencies and accept donations from
323public and private sources if the district complies with
324paragraphs (1)(a) and (2)(b) and has a budget that requires
325approval through an affirmative vote of the governing body of
326the county or that may be vetoed by the governing body of the
327county.
328     (b)  If the provisions of a county charter relating to the
329membership of the governing board of a dependent special
330district conflict with paragraph (1)(a), a county may by
331ordinance create a dependent special district within the
332boundaries of the county for the purpose of providing
333preventive, developmental, treatment, and rehabilitative
334services for seniors and adults with developmental disabilities,
335and the district may seek grants from state, federal, and local
336agencies and accept donations from public and private sources if
337the district complies with paragraph (2)(b) and has a budget
338that requires approval through an affirmative vote of the
339governing body of the county or that may be vetoed by the
340governing body of the county.
341     (8)  It is the intent of the Legislature that the funds
342collected under this section be used to support improvements in
343services for seniors and adults with developmental disabilities
344and that such funds not be used as a substitute for existing
345resources or for resources that would otherwise be available for
346services for seniors and adults with developmental disabilities.
347     (9)  Two or more councils may enter into a cooperative
348agreement to share administrative costs, including, but not
349limited to, staff and office space, if a more efficient or
350effective operation will result. The cooperative agreement must
351include provisions on apportioning costs between the councils,
352keeping separate and distinct financial records for each
353council, and resolving any conflicts that might arise under the
354cooperative agreement.
355     (10)  Two or more councils may enter into a cooperative
356agreement to seek grants, accept donations, or jointly fund
357programs serving multicounty areas. The cooperative agreement
358must include provisions for the adequate accounting of separate
359and joint funds.
360     (11)  Councils or districts shall not require any public or
361private service provider to provide additional matching funds as
362a condition of the council or district providing services or
363programs to seniors and adults with developmental disabilities.
364     Section 2.  This act shall take effect upon becoming a law.


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