HB 0229CS

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 services for seniors and adults with
7developmental disabilities; creating s. 125.903, F.S.;
8authorizing each county to create an independent special
9district to provide funding for services for seniors and
10adults with developmental disabilities; requiring a
11district charter; requiring approval by a majority vote of
12electors to annually levy ad valorem taxes not to exceed a
13certain maximum; requiring a referendum; creating a
14governing board for the special district; specifying
15criteria for membership to the governing board; providing
16terms of office; clarifying that a county may provide
17services for seniors and adults with developmental
18disabilities or create a special district to provide such
19services by general or special law; specifying the powers
20and functions of a council on services for seniors and
21adults with developmental disabilities; requiring each
22council to appoint a chair and a vice chair and elect
23officers, to identify and assess the needs of the seniors
24and adults with developmental disabilities in the county
25served by the council, to provide training and orientation
26to new members of the council, to make and adopt bylaws
27and rules for the council's operation and governance, and
28to provide an annual written report to the governing body
29of the county; requiring the council to maintain minutes
30of each meeting and to serve without compensation;
31requiring the council to prepare a tentative annual budget
32and to compute a millage rate to fund the tentative
33budget; requiring that all tax moneys collected be paid
34directly to the council on services for seniors and adults
35with developmental disabilities by the tax collector of
36the county and deposited in qualified public depositories;
37specifying expenditures of funds; requiring the council to
38prepare and file a financial report with the governing
39body of the county; providing that a district may be
40dissolved by a special act of the Legislature or by
41ordinance by the governing body of the county; specifying
42obligations of the county if a district is dissolved;
43authorizing the governing body of a county to fund the
44budget of the council on services for seniors and adults
45with developmental disabilities from its own funds after
46or during the council's first year of operation; requiring
47a special district to comply with statutory requirements
48related to the filing of a financial or compliance report;
49authorizing a county to create a dependent special
50district to provide certain services for seniors and
51adults with developmental disabilities; authorizing the
52district to seek grants and accept donations from public
53and private sources; providing legislative intent with
54respect to the use of funds collected by a council on
55services for seniors and adults with developmental
56disabilities; providing that two or more councils on
57services for seniors and adults with developmental
58disabilities may enter into a cooperative agreement to
59share administrative costs, staff, and office space and
60seek grants, accept donations, or jointly fund programs
61serving multicounty areas; prohibiting councils or
62districts from requiring matching funds from certain
63service providers as a condition to provision of services
64by the council or district; renaming part V of chapter
65125, F.S.; amending s. 189.404, F.S.; revising county
66authority to create an independent special district to
67include a reference to s. 125.903, F.S.; providing an
68effective date.
69
70Be It Enacted by the Legislature of the State of Florida:
71
72     Section 1.  Section 125.903, Florida Statutes, is created
73to read:
74     125.903  Services for seniors and adults with developmental
75disabilities; independent special district; council; powers,
76duties, and functions.--
77     (1)  Each county may by ordinance create an independent
78special district, as defined in ss. 189.403(3) and
79200.001(8)(e), to provide funding for services for seniors and
80adults with developmental disabilities throughout the county in
81accordance with this section. Such ordinance shall create a
82charter for the district which addresses and contains the
83minimum requirements required by s. 189.404(3). The boundaries
84of such district must be coterminous with the boundaries of the
85county. The county governing body shall obtain approval, by a
86majority vote of those electors voting on the question, to
87annually levy ad valorem taxes that may not exceed the maximum
88millage rate authorized by this section. Such approval shall be
89obtained by submitting the question to a referendum of the
90qualified electors in the county. The referendum shall be held
91in conjunction with the next regularly scheduled general
92election, in accordance with ss. 100.342 and 100.351. A district
93created under this subsection shall levy and fix millage as
94provided in s. 200.065. Once the millage is approved by the
95electorate, the district is not required to seek approval of the
96electorate in future years to levy the previously approved
97millage. For purposes of this section, the term "senior" means a
98person who is at least 60 years of age and the term "adult with
99developmental disabilities" means an adult with developmental
100disabilities who is at least 22 years of age.
101     (a)  The governing board of the district shall be a council
102on services for seniors and adults with developmental
103disabilities. The council shall consist of 11 members, including
104the executive director of the area agency on aging or his or her
105designee who is a director of senior programs; the county
106director of human services or his or her designee who is a
107director of elderly services; one person who is a director of
108programs for adults with developmental disabilities or his or
109her designee; one member of the county governing board; one
110nonvoting member of the legislative delegation for the county
111appointed by the delegation chair; and one county representative
112of the Florida League of Cities. The executive director of the
113area agency on aging and his or her designee, the director of
114programs for adults with developmental disabilities and his or
115her designee, and the county director of human services and his
116or her designee are permanent positions. The members from the
117county governing board, the legislative delegation, and the
118Florida League of Cities shall be appointed to 2-year terms. The
119other five members must be appointed by the Governor and shall
120represent, to the greatest extent possible, the cultural
121diversity of the county's population. At least one of the
122gubernatorial designees must be an individual who is a caretaker
123or family member of a person who is 22 years of age or older and
124has a developmental disability and at least one must be 60 years
125of age or older. Recommendations for these memberships shall be
126provided by the county governing board. Three names shall be
127submitted for each vacancy, determined by category. The
128gubernatorial appointees shall be appointed to 4-year terms and
129may be reappointed for one additional term of office. The
130Governor shall make a selection within a 45-day period or
131request a new list of candidates. All members appointed by the
132Governor must have been residents of the county for the previous
13324-month period. The length of the terms of the initial
134appointees shall be adjusted to stagger the terms. The Governor
135may remove a member for cause or upon the written petition of
136the county governing body. If any of the members of the council
137required to be appointed by the Governor resign, die, or are
138removed from office, the vacancy shall be filled by appointment
139by the Governor, using the same method as the original
140appointment, and such appointment to fill a vacancy shall be for
141the unexpired term of the member who resigns, dies, or is
142removed from office.
143     (b)  This subsection does not prohibit a county from
144exercising the power authorized by general or special law to
145provide services for seniors and adults with developmental
146disabilities or to create a special district to provide those
147services.
148     (2)(a)  Each council may:
149     1.  Provide and maintain in the county the preventive,
150developmental, treatment, and rehabilitative services for
151seniors and adults with developmental disabilities which the
152council determines are needed for the general welfare of seniors
153and adults with developmental disabilities in the county.
154     2.  Provide any other services which the council determines
155are needed for the general welfare of seniors and adults with
156developmental disabilities in the county.
157     3.  Allocate and provide funds for other agencies in the
158county which are operated for the benefit of seniors and adults
159with developmental disabilities.
160     4.  Collect information and statistical data and conduct
161research and assessments that will be helpful to the council and
162the county in deciding the needs of seniors and adults with
163developmental disabilities in the county.
164     5.  Consult and coordinate with other agencies dedicated to
165the welfare of seniors and adults with developmental
166disabilities to the end that the overlapping of services will be
167prevented.
168     6.  Lease or buy real estate, equipment, and personal
169property and construct buildings as needed to execute the
170foregoing powers and functions, except that such purchases may
171not be made or building done unless paid for with cash on hand
172or secured by funds deposited in financial institutions. This
173subparagraph does not authorize a district to issue bonds of any
174nature, and a district does not have the power to require the
175imposition of any bond by the governing body of the county.
176     7.  Employ, pay, and provide benefits for any part-time or
177full-time personnel needed to execute the foregoing powers and
178functions.
179     (b)  Each council shall:
180     1.  Immediately after the members are appointed, elect a
181chair and a vice chair from among its members and elect other
182officers as deemed necessary by the council.
183     2.  Immediately after the members are appointed and
184officers are elected, identify and assess the needs of seniors
185and adults with developmental disabilities in the county served
186by the council and submit to the governing body of each county a
187written description of:
188     a.  The activities, services, and opportunities that will
189be provided to seniors and adults with developmental
190disabilities.
191     b.  The anticipated schedule for providing those
192activities, services, and opportunities.
193     c.  The manner in which seniors and adults with
194developmental disabilities will be served, including a
195description of arrangements and agreements that will be made
196with community organizations, state and local educational
197agencies, federal agencies, public assistance agencies, the
198court system, guardianship groups, and other applicable public
199and private agencies and organizations.
200     d.  The special outreach efforts that will be undertaken to
201provide services to seniors and adults with developmental
202disabilities who are at-risk, abused, or neglected and ailing
203seniors or profoundly afflicted adults with developmental
204disabilities.
205     e.  The manner in which the council will seek and provide
206funding for unmet needs.
207     f.  The strategy that will be used for interagency
208coordination to maximize existing human and fiscal resources.
209     3.  Provide training and orientation to all new members
210sufficient to allow them to perform their duties.
211     4.  Make and adopt bylaws and rules for the council's
212guidance, operation, governance, and maintenance, if such rules
213are not inconsistent with federal or state laws or county
214ordinances.
215     5.  Provide an annual written report, to be presented no
216later than January 1, to the governing body of the county. The
217annual report must contain, but need not be limited to:
218     a.  Information on the effectiveness of activities,
219services, and programs offered by the council, including cost-
220effectiveness.
221     b.  A detailed anticipated budget for continuation of
222activities, services, and programs offered by the council, and a
223list of all sources of requested funding, both public and
224private.
225     c.  Procedures used for early identification of at-risk
226seniors and adults with developmental disabilities who need
227additional or continued services and methods for ensuring that
228the additional or continued services are received.
229     d.  A description of the degree to which the council's
230objectives and activities are consistent with the goals of this
231section.
232     e.  Detailed information on the various programs, services,
233and activities available to seniors and adults with
234developmental disabilities and the degree to which the programs,
235services, and activities have been successfully used by seniors
236and adults with developmental disabilities.
237     f.  Information on programs, services, and activities that
238should be eliminated; programs, services, and activities that
239should be continued; and programs, services, and activities that
240should be added to the basic format of the council.
241     (c)  The council shall maintain minutes of each meeting,
242including a record of all votes cast, and shall make such
243minutes available to any interested person.
244     (d)  Members of the council shall serve without
245compensation, but are entitled to receive reimbursement for per
246diem and travel expenses consistent with s. 112.061.
247     (3)(a)  The district shall maintain the same fiscal year as
248that of the county.
249     (b)  On or before July 1 of each year, the council shall
250prepare a tentative annual written budget of the district's
251expected income and expenditures, including a contingency fund.
252The council shall, in addition, compute a proposed millage rate
253within the voter-approved cap necessary to fund the tentative
254budget and, prior to adopting a final budget, comply with s.
255200.065, relating to the method of fixing millage, and fix the
256final millage rate by resolution of the council. The adopted
257budget and final millage rate must be certified and delivered to
258the governing body of the county as soon as possible following
259the council's adoption of the final budget and millage rate
260under chapter 200. Included in each certified budget shall be
261the millage rate, adopted by resolution of the council,
262necessary to be applied to raise the funds budgeted for district
263operations and expenditures. District millage may not exceed 0.5
264mills of assessed valuation of all properties within the county
265which are subject to ad valorem county taxes.
266     (c)  After the budget of the district is certified and
267delivered to the governing body of the county, the budget may
268not be changed or modified by the governing body of the county
269or any other authority.
270     (d)  All taxes collected under this section, as soon after
271collection as is reasonably practicable, shall be paid directly
272to the council by the tax collector of the county or the clerk
273of the circuit court, if the clerk collects delinquent taxes.
274     (e)1.  All moneys received by the council shall be
275deposited in qualified public depositories, as defined in s.
276280.02, with separate and distinguishable accounts established
277specifically for the council and may be withdrawn only by checks
278signed by the chair of the council and countersigned by one
279other member of the council or by a chief executive officer
280authorized by the council.
281     2.  Upon entering the duties of office, the chair and the
282other member of the council or chief executive officer who signs
283its checks shall each give a surety bond in the sum of at least
284$1,000 for each $1 million or portion thereof of the council's
285annual budget, which bond shall be conditioned upon the faithful
286discharge of the duties of his or her office. The premium on
287such bond may be paid by the district as part of the expense of
288the council. Other members of the council may not be required to
289give bond or other security.
290     3.  Funds of the district may not be expended except by
291check, except expenditures from a petty cash account, which
292account may not at any time exceed $100. All expenditures from
293petty cash must be recorded on the books and records of the
294council. Funds of the council, except expenditures from petty
295cash, may not be expended without prior approval of the council,
296in addition to the budgeting thereof.
297     (f)  Within 10 days, exclusive of weekends and legal
298holidays, after the expiration of each quarter-annual period,
299the council shall prepare and file with the governing body of
300the county a financial report that includes:
301     1.  The total expenditures of the council for the quarter-
302annual period.
303     2.  The total receipts of the council during the quarter-
304annual period.
305     3.  A statement of the funds the council has on hand, has
306invested, or has deposited with qualified public depositories at
307the end of the quarter-annual period.
308     4.  The total administrative costs of the council for the
309quarter-annual period.
310     (4)  Any district created under this section may be
311dissolved by a special act of the Legislature, or the county
312governing body may by ordinance dissolve the district subject to
313the approval of the electorate. If any district is dissolved
314under this subsection, each county shall first obligate itself
315to assume the debts, liabilities, contracts, and outstanding
316obligations of the district within the total millage available
317to the county governing body for all county and municipal
318purposes as provided for under section 9, Article VII of the
319State Constitution. Any district may also be dissolved under s.
320189.4042.
321     (5)  After or during the first year of operation of the
322council, the governing body of the county, at its option, may
323fund in whole or in part the budget of the council from its own
324funds.
325     (6)  Any district created under this section shall comply
326with all other statutory requirements of general application
327which relate to the filing of any financial reports or
328compliance reports required under part III of chapter 218, or
329any other report or documentation required by law, including the
330requirements of ss. 189.415, 189.417, and 189.418.
331     (7)(a)  Each county may by ordinance create a dependent
332special district within the boundaries of the county for the
333purpose of providing preventive, developmental, treatment, and
334rehabilitative services for seniors and adults with
335developmental disabilities. The district may seek grants from
336state, federal, and local agencies and accept donations from
337public and private sources if the district complies with
338paragraphs (1)(a) and (2)(b) and has a budget that requires
339approval through an affirmative vote of the governing body of
340the county or that may be vetoed by the governing body of the
341county.
342     (b)  If the provisions of a county charter relating to the
343membership of the governing board of a dependent special
344district conflict with paragraph (1)(a), a county may by
345ordinance create a dependent special district within the
346boundaries of the county for the purpose of providing
347preventive, developmental, treatment, and rehabilitative
348services for seniors and adults with developmental disabilities,
349and the district may seek grants from state, federal, and local
350agencies and accept donations from public and private sources if
351the district complies with paragraph (2)(b) and has a budget
352that requires approval through an affirmative vote of the
353governing body of the county or that may be vetoed by the
354governing body of the county.
355     (8)  It is the intent of the Legislature that the funds
356collected under this section be used to support improvements in
357services for seniors and adults with developmental disabilities
358and that such funds not be used as a substitute for existing
359resources or for resources that would otherwise be available for
360services for seniors and adults with developmental disabilities.
361     (9)  Two or more councils may enter into a cooperative
362agreement to share administrative costs, including, but not
363limited to, staff and office space, if a more efficient or
364effective operation will result. The cooperative agreement must
365include provisions on apportioning costs between the councils,
366keeping separate and distinct financial records for each
367council, and resolving any conflicts that might arise under the
368cooperative agreement.
369     (10)  Two or more councils may enter into a cooperative
370agreement to seek grants, accept donations, or jointly fund
371programs serving multicounty areas. The cooperative agreement
372must include provisions for the adequate accounting of separate
373and joint funds.
374     (11)  Councils or districts shall not require any public or
375private service provider to provide additional matching funds as
376a condition of the council or district providing services or
377programs to seniors and adults with developmental disabilities.
378     Section 2.  Part V of chapter 125, Florida Statutes,
379consisting of sections 125.901, 125.902, and 125.903, Florida
380Statutes, and entitled "Children's Services," is renamed as
381"Human Services."
382     Section 3.  Paragraph (b) of subsection (4) of section
383189.404, Florida Statutes, is amended to read:
384     189.404  Legislative intent for the creation of independent
385special districts; special act prohibitions; model elements and
386other requirements; general-purpose local government/Governor
387and Cabinet creation authorizations.--
388     (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
389AUTHORIZATIONS.--Except as otherwise authorized by general law,
390only the Legislature may create independent special districts.
391     (b)  A county may create an independent special district
392which shall be adopted by a charter in accordance with s.
393125.901, s. 125.903, or s. 154.331 or chapter 155, or which
394shall be established by ordinance in accordance with s. 190.005,
395or as otherwise authorized by general law.
396     Section 4.  This act shall take effect upon becoming a law.


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