1 | A bill to be entitled |
2 | An act relating to services for seniors and adults with |
3 | developmental disabilities; authorizing each county to |
4 | create an independent special district to provide funding |
5 | for services for seniors and adults with developmental |
6 | disabilities; requiring approval by a majority vote of |
7 | electors to annually levy ad valorem taxes not to exceed a |
8 | certain maximum; creating a governing board for the |
9 | special district; specifying criteria for membership to |
10 | the governing board; providing terms of office; clarifying |
11 | that a county may provide services for seniors and adults |
12 | with developmental disabilities or create a special |
13 | district to provide such services by general or special |
14 | law; specifying the powers and functions of a council on |
15 | services for seniors and adults with developmental |
16 | disabilities; requiring each council to appoint a chair |
17 | and a vice chair and elect officers, to identify and |
18 | assess the needs of the seniors and adults with |
19 | developmental disabilities in the county served by the |
20 | council, to provide training and orientation to new |
21 | members of the council, to make and adopt bylaws and rules |
22 | for the council's operation and governance, and to provide |
23 | an annual written report to the governing body of the |
24 | county; requiring the council to maintain minutes of each |
25 | meeting and to serve without compensation; requiring the |
26 | council to prepare a tentative annual budget and to |
27 | compute a millage rate to fund the tentative budget; |
28 | requiring that all tax moneys collected be paid directly |
29 | to the council on services for seniors and adults with |
30 | developmental disabilities by the tax collector of the |
31 | county and deposited in qualified public depositories; |
32 | specifying expenditures of funds; requiring the council to |
33 | prepare and file a financial report with the governing |
34 | body of the county; providing that a district may be |
35 | dissolved by a special act of the Legislature or by |
36 | ordinance by the governing body of the county; specifying |
37 | obligations of the county if a district is dissolved; |
38 | authorizing the governing body of a county to fund the |
39 | budget of the council on services for seniors and adults |
40 | with developmental disabilities from its own funds after |
41 | or during the council's first year of operation; requiring |
42 | a special district to comply with statutory requirements |
43 | related to the filing of a financial or compliance report; |
44 | authorizing a county to create a dependent special |
45 | district to provide certain services for seniors and |
46 | adults with developmental disabilities; authorizing the |
47 | district to seek grants and accept donations from public |
48 | and private sources; providing legislative intent with |
49 | respect to the use of funds collected by a council on |
50 | services for seniors and adults with developmental |
51 | disabilities; providing that two or more councils on |
52 | services for seniors and adults with developmental |
53 | disabilities may enter into a cooperative agreement to |
54 | share administrative costs, staff, and office space and |
55 | seek grants, accept donations, or jointly fund programs |
56 | serving multicounty areas; prohibiting councils or |
57 | districts from requiring matching funds from certain |
58 | service providers as a condition to provision of services |
59 | by the council or district; providing an effective date. |
60 |
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61 | Be It Enacted by the Legislature of the State of Florida: |
62 |
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63 | Section 1. Services for seniors and adults with |
64 | developmental disabilities; independent special district; |
65 | council; powers, duties, and functions.-- |
66 | (1) Each county may by ordinance create an independent |
67 | special district, as defined in ss. 189.403 and 200.001, Florida |
68 | Statutes, to provide funding for services for seniors and adults |
69 | with developmental disabilities throughout the county in |
70 | accordance with this section. The boundaries of such district |
71 | must be coterminous with the boundaries of the county. The |
72 | county governing body shall obtain approval, by a majority vote |
73 | of those electors voting on the question, to annually levy ad |
74 | valorem taxes that may not exceed the maximum millage rate |
75 | authorized by this section. A district created under this |
76 | subsection shall levy and fix millage as provided in s. 200.065, |
77 | Florida Statutes. Once the millage is approved by the |
78 | electorate, the district is not required to seek approval of the |
79 | electorate in future years to levy the previously approved |
80 | millage. For purposes of this section, the term "senior" means a |
81 | person who is at least 60 years of age and the term "adult with |
82 | developmental disabilities" means an adult with developmental |
83 | disabilities who is at least 22 years of age. |
84 | (a) The governing board of the district shall be a council |
85 | on services for seniors and adults with developmental |
86 | disabilities. The council shall consist of 11 members, including |
87 | the executive director of the area agency on aging or his or her |
88 | designee who is a director of senior programs; the county |
89 | director of human services or his or her designee who is a |
90 | director of elderly services; one person who is a director of |
91 | programs for adults with developmental disabilities or his or |
92 | her designee; one member of the county governing board; one |
93 | nonvoting member of the legislative delegation for the county |
94 | appointed by the delegation chair; and one county representative |
95 | of the Florida League of Cities. The executive director of the |
96 | area agency on aging and his or her designee, the director of |
97 | programs for adults with developmental disabilities and his or |
98 | her designee, and the county director of human services and his |
99 | or her designee are permanent positions. The members from the |
100 | county governing board, the legislative delegation, and the |
101 | Florida League of Cities shall be appointed to 2-year terms. The |
102 | other five members must be appointed by the Governor and shall |
103 | represent, to the greatest extent possible, the cultural |
104 | diversity of the county's population. At least one of the |
105 | gubernatorial designees must be an individual who is a caretaker |
106 | or family member of a person who is 22 years of age or older and |
107 | has a developmental disability and at least one must be 60 years |
108 | of age or older. Recommendations for these memberships shall be |
109 | provided by the county governing board. Three names shall be |
110 | submitted for each vacancy, determined by category. The |
111 | gubernatorial appointees shall be appointed to 4-year terms and |
112 | may be reappointed for one additional term of office. The |
113 | Governor shall make a selection within a 45-day period or |
114 | request a new list of candidates. All members appointed by the |
115 | Governor must have been residents of the county for the previous |
116 | 24-month period. The length of the terms of the initial |
117 | appointees shall be adjusted to stagger the terms. The Governor |
118 | may remove a member for cause or upon the written petition of |
119 | the county governing body. If any of the members of the council |
120 | required to be appointed by the Governor resign, die, or are |
121 | removed from office, the vacancy shall be filled by appointment |
122 | by the Governor, using the same method as the original |
123 | appointment, and such appointment to fill a vacancy shall be for |
124 | the unexpired term of the member who resigns, dies, or is |
125 | removed from office. |
126 | (b) This subsection does not prohibit a county from |
127 | exercising the power authorized by general or special law to |
128 | provide services for seniors and adults with developmental |
129 | disabilities or to create a special district to provide those |
130 | services. |
131 | (2)(a) Each council may: |
132 | 1. Provide and maintain in the county the preventive, |
133 | developmental, treatment, and rehabilitative services for |
134 | seniors and adults with developmental disabilities which the |
135 | council determines are needed for the general welfare of seniors |
136 | and adults with developmental disabilities in the county. |
137 | 2. Provide any other services which the council determines |
138 | are needed for the general welfare of seniors and adults with |
139 | developmental disabilities in the county. |
140 | 3. Allocate and provide funds for other agencies in the |
141 | county which are operated for the benefit of seniors and adults |
142 | with developmental disabilities. |
143 | 4. Collect information and statistical data and conduct |
144 | research and assessments that will be helpful to the council and |
145 | the county in deciding the needs of seniors and adults with |
146 | developmental disabilities in the county. |
147 | 5. Consult and coordinate with other agencies dedicated to |
148 | the welfare of seniors and adults with developmental |
149 | disabilities to the end that the overlapping of services will be |
150 | prevented. |
151 | 6. Lease or buy real estate, equipment, and personal |
152 | property and construct buildings as needed to execute the |
153 | foregoing powers and functions, except that such purchases may |
154 | not be made or building done unless paid for with cash on hand |
155 | or secured by funds deposited in financial institutions. This |
156 | subparagraph does not authorize a district to issue bonds of any |
157 | nature, and a district does not have the power to require the |
158 | imposition of any bond by the governing body of the county. |
159 | 7. Employ, pay, and provide benefits for any part-time or |
160 | full-time personnel needed to execute the foregoing powers and |
161 | functions. |
162 | (b) Each council shall: |
163 | 1. Immediately after the members are appointed, elect a |
164 | chair and a vice chair from among its members and elect other |
165 | officers as deemed necessary by the council. |
166 | 2. Immediately after the members are appointed and |
167 | officers are elected, identify and assess the needs of seniors |
168 | and adults with developmental disabilities in the county served |
169 | by the council and submit to the governing body of each county a |
170 | written description of: |
171 | a. The activities, services, and opportunities that will |
172 | be provided to seniors and adults with developmental |
173 | disabilities. |
174 | b. The anticipated schedule for providing those |
175 | activities, services, and opportunities. |
176 | c. The manner in which seniors and adults with |
177 | developmental disabilities will be served, including a |
178 | description of arrangements and agreements that will be made |
179 | with community organizations, state and local educational |
180 | agencies, federal agencies, public assistance agencies, the |
181 | court system, guardianship groups, and other applicable public |
182 | and private agencies and organizations. |
183 | d. The special outreach efforts that will be undertaken to |
184 | provide services to seniors and adults with developmental |
185 | disabilities who are at-risk, abused, or neglected and ailing |
186 | seniors or profoundly afflicted adults with developmental |
187 | disabilities. |
188 | e. The manner in which the council will seek and provide |
189 | funding for unmet needs. |
190 | f. The strategy that will be used for interagency |
191 | coordination to maximize existing human and fiscal resources. |
192 | 3. Provide training and orientation to all new members |
193 | sufficient to allow them to perform their duties. |
194 | 4. Make and adopt bylaws and rules for the council's |
195 | guidance, operation, governance, and maintenance, if such rules |
196 | are not inconsistent with federal or state laws or county |
197 | ordinances. |
198 | 5. Provide an annual written report, to be presented no |
199 | later than January 1, to the governing body of the county. The |
200 | annual report must contain, but need not be limited to: |
201 | a. Information on the effectiveness of activities, |
202 | services, and programs offered by the council, including cost- |
203 | effectiveness. |
204 | b. A detailed anticipated budget for continuation of |
205 | activities, services, and programs offered by the council, and a |
206 | list of all sources of requested funding, both public and |
207 | private. |
208 | c. Procedures used for early identification of at-risk |
209 | seniors and adults with developmental disabilities who need |
210 | additional or continued services and methods for ensuring that |
211 | the additional or continued services are received. |
212 | d. A description of the degree to which the council's |
213 | objectives and activities are consistent with the goals of this |
214 | section. |
215 | e. Detailed information on the various programs, services, |
216 | and activities available to seniors and adults with |
217 | developmental disabilities and the degree to which the programs, |
218 | services, and activities have been successfully used by seniors |
219 | and adults with developmental disabilities. |
220 | f. Information on programs, services, and activities that |
221 | should be eliminated; programs, services, and activities that |
222 | should be continued; and programs, services, and activities that |
223 | should be added to the basic format of the council. |
224 | (c) The council shall maintain minutes of each meeting, |
225 | including a record of all votes cast, and shall make such |
226 | minutes available to any interested person. |
227 | (d) Members of the council shall serve without |
228 | compensation, but are entitled to receive reimbursement for per |
229 | diem and travel expenses consistent with s. 112.061, Florida |
230 | Statutes. |
231 | (3)(a) The district shall maintain the same fiscal year as |
232 | that of the county. |
233 | (b) On or before July 1 of each year, the council shall |
234 | prepare a tentative annual written budget of the district's |
235 | expected income and expenditures, including a contingency fund. |
236 | The council shall, in addition, compute a proposed millage rate |
237 | within the voter-approved cap necessary to fund the tentative |
238 | budget and, prior to adopting a final budget, comply with s. |
239 | 200.065, Florida Statutes, relating to the method of fixing |
240 | millage, and fix the final millage rate by resolution of the |
241 | council. The adopted budget and final millage rate must be |
242 | certified and delivered to the governing body of the county as |
243 | soon as possible following the council's adoption of the final |
244 | budget and millage rate under chapter 200, Florida Statutes. |
245 | Included in each certified budget shall be the millage rate, |
246 | adopted by resolution of the council, necessary to be applied to |
247 | raise the funds budgeted for district operations and |
248 | expenditures. District millage may not exceed 0.5 mills of |
249 | assessed valuation of all properties within the county which are |
250 | subject to ad valorem county taxes. |
251 | (c) After the budget of the district is certified and |
252 | delivered to the governing body of the county, the budget may |
253 | not be changed or modified by the governing body of the county |
254 | or any other authority. |
255 | (d) All taxes collected under this section, as soon after |
256 | collection as is reasonably practicable, shall be paid directly |
257 | to the council by the tax collector of the county or the clerk |
258 | of the circuit court, if the clerk collects delinquent taxes. |
259 | (e)1. All moneys received by the council shall be |
260 | deposited in qualified public depositories, as defined in s. |
261 | 280.02, Florida Statutes, with separate and distinguishable |
262 | accounts established specifically for the council and may be |
263 | withdrawn only by checks signed by the chair of the council and |
264 | countersigned by one other member of the council or by a chief |
265 | executive officer authorized by the council. |
266 | 2. Upon entering the duties of office, the chair and the |
267 | other member of the council or chief executive officer who signs |
268 | its 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 |
270 | annual budget, which bond shall be conditioned upon the faithful |
271 | discharge of the duties of his or her office. The premium on |
272 | such bond may be paid by the district as part of the expense of |
273 | the council. Other members of the council may not be required to |
274 | give bond or other security. |
275 | 3. Funds of the district may not be expended except by |
276 | check, except expenditures from a petty cash account, which |
277 | account may not at any time exceed $100. All expenditures from |
278 | petty cash must be recorded on the books and records of the |
279 | council. Funds of the council, except expenditures from petty |
280 | cash, may not be expended without prior approval of the council, |
281 | in addition to the budgeting thereof. |
282 | (f) Within 10 days, exclusive of weekends and legal |
283 | holidays, after the expiration of each quarter-annual period, |
284 | the council shall prepare and file with the governing body of |
285 | the county a financial report that includes: |
286 | 1. The total expenditures of the council for the quarter- |
287 | annual period. |
288 | 2. The total receipts of the council during the quarter- |
289 | annual period. |
290 | 3. A statement of the funds the council has on hand, has |
291 | invested, or has deposited with qualified public depositories at |
292 | the end of the quarter-annual period. |
293 | 4. The total administrative costs of the council for the |
294 | quarter-annual period. |
295 | (4) Any district created under this section may be |
296 | dissolved by a special act of the Legislature, or the county |
297 | governing body may by ordinance dissolve the district subject to |
298 | the approval of the electorate. If any district is dissolved |
299 | under this subsection, each county shall first obligate itself |
300 | to assume the debts, liabilities, contracts, and outstanding |
301 | obligations of the district within the total millage available |
302 | to the county governing body for all county and municipal |
303 | purposes as provided for under section 9, Article VII of the |
304 | State Constitution. Any district may also be dissolved under s. |
305 | 189.4042, Florida Statutes. |
306 | (5) After or during the first year of operation of the |
307 | council, the governing body of the county, at its option, may |
308 | fund in whole or in part the budget of the council from its own |
309 | funds. |
310 | (6) Any district created under this section shall comply |
311 | with all other statutory requirements of general application |
312 | which relate to the filing of any financial reports or |
313 | compliance reports required under part III of chapter 218, |
314 | Florida Statutes, or any other report or documentation required |
315 | by law, including the requirements of ss. 189.415, 189.417, and |
316 | 189.418, Florida Statutes. |
317 | (7)(a) Each county may by ordinance create a dependent |
318 | special district within the boundaries of the county for the |
319 | purpose of providing preventive, developmental, treatment, and |
320 | rehabilitative services for seniors and adults with |
321 | developmental disabilities. The district may seek grants from |
322 | state, federal, and local agencies and accept donations from |
323 | public and private sources if the district complies with |
324 | paragraphs (1)(a) and (2)(b) and has a budget that requires |
325 | approval through an affirmative vote of the governing body of |
326 | the county or that may be vetoed by the governing body of the |
327 | county. |
328 | (b) If the provisions of a county charter relating to the |
329 | membership of the governing board of a dependent special |
330 | district conflict with paragraph (1)(a), a county may by |
331 | ordinance create a dependent special district within the |
332 | boundaries of the county for the purpose of providing |
333 | preventive, developmental, treatment, and rehabilitative |
334 | services for seniors and adults with developmental disabilities, |
335 | and the district may seek grants from state, federal, and local |
336 | agencies and accept donations from public and private sources if |
337 | the district complies with paragraph (2)(b) and has a budget |
338 | that requires approval through an affirmative vote of the |
339 | governing body of the county or that may be vetoed by the |
340 | governing body of the county. |
341 | (8) It is the intent of the Legislature that the funds |
342 | collected under this section be used to support improvements in |
343 | services for seniors and adults with developmental disabilities |
344 | and that such funds not be used as a substitute for existing |
345 | resources or for resources that would otherwise be available for |
346 | services for seniors and adults with developmental disabilities. |
347 | (9) Two or more councils may enter into a cooperative |
348 | agreement to share administrative costs, including, but not |
349 | limited to, staff and office space, if a more efficient or |
350 | effective operation will result. The cooperative agreement must |
351 | include provisions on apportioning costs between the councils, |
352 | keeping separate and distinct financial records for each |
353 | council, and resolving any conflicts that might arise under the |
354 | cooperative agreement. |
355 | (10) Two or more councils may enter into a cooperative |
356 | agreement to seek grants, accept donations, or jointly fund |
357 | programs serving multicounty areas. The cooperative agreement |
358 | must include provisions for the adequate accounting of separate |
359 | and joint funds. |
360 | (11) Councils or districts shall not require any public or |
361 | private service provider to provide additional matching funds as |
362 | a condition of the council or district providing services or |
363 | programs to seniors and adults with developmental disabilities. |
364 | Section 2. This act shall take effect upon becoming a law. |