Senate Bill sb2774

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    Florida Senate - 2005        (NP)                      SB 2774

    By Senator Campbell





    32-1889A-05                                     See CS/HB 1501

  1                      A bill to be entitled

  2         An act relating to Broward County; creating the

  3         Broward County Council for Services for Seniors

  4         and Adults with Developmental Disabilities;

  5         creating an independent special district to

  6         provide funding for services for seniors and

  7         adults with developmental disabilities;

  8         requiring approval by a majority vote of

  9         electors to annually levy ad valorem taxes not

10         to exceed a certain maximum; creating a

11         governing board for the district; specifying

12         criteria for membership to the governing board;

13         providing terms of office; specifying the

14         powers and functions of the council; requiring

15         the council to appoint a chair and vice chair

16         and elect officers, to identify and assess the

17         needs of seniors and adults with developmental

18         disabilities, to provide training and

19         orientation to new members of the council, to

20         make and adopt bylaws and rules for the

21         council's operation and governance, and to

22         provide an annual report to the Broward County

23         Board of County Commissioners; requiring the

24         council to maintain minutes of each meeting and

25         to serve without compensation; requiring the

26         council to prepare a tentative annual budget

27         and to compute a millage rate to fund the

28         tentative budget; requiring that all tax moneys

29         collected be paid directly to the council by

30         the Broward County Tax Collector and deposited

31         in qualified public depositories; specifying

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1         expenditures of funds; requiring the council to

 2         prepare and file a financial report to the

 3         Broward County Board of County Commissioners;

 4         providing that the district may be amended or

 5         dissolved by a special act of the Legislature;

 6         authorizing the Broward County Board of County

 7         Commissioners to fund the budget of the council

 8         from its own funds after or during the

 9         council's first year of operation; requiring

10         the district to comply with statutory

11         requirements related to the filing of a

12         financial or compliance report; authorizing the

13         district to seek grants and accept donations

14         from public and private sources; providing

15         legislative intent with respect to the use of

16         funds collected by the council; prohibiting the

17         council from requiring certain matching funds;

18         requiring a referendum; providing a ballot

19         statement; providing an effective date.

20  

21         WHEREAS, the Legislature has determined that it would

22  serve the public interest to establish an independent special

23  district to provide services to seniors and adults with

24  developmental disabilities within Broward County, NOW,

25  THEREFORE,

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Services for seniors and adults with

30  developmental disabilities; independent special district;

31  council; powers, duties, and functions.--

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1         (1)  There is hereby created an independent special

 2  district, as defined in sections 189.403 and 200.001, Florida

 3  Statutes, to provide funding for services for seniors and

 4  adults with developmental disabilities throughout Broward

 5  County in accordance with this act. The boundaries of such

 6  district shall be coterminous with the boundaries of Broward

 7  County. The district created pursuant to this act shall levy

 8  and fix millage as provided in section 200.065, Florida

 9  Statutes. Once the millage is approved by the electorate, the

10  district is not required to seek approval of the electorate in

11  future years to levy the previously approved millage. For

12  purposes of this section, the term "senior" means a person who

13  is at least 60 years of age, and the term "adult with

14  developmental disabilities" means an adult with developmental

15  disabilities who is at least 22 years of age.

16         (2)  The governing board of the district shall be the

17  Broward County Council for Services for Seniors and Adults

18  with Developmental Disabilities. The council shall consist of

19  11 members, including the executive director of the Area

20  Agency on Aging of Broward County or his or her designee who

21  is a director of senior programs; the Broward County Director

22  of Human Services or his or her designee who is a director of

23  elderly services; one person who is director of programs for

24  adults with developmental disabilities or his or her designee;

25  one member of the Broward County Board of County

26  Commissioners; one nonvoting member of the Broward County

27  Legislative Delegation appointed by the delegation chair; and

28  one representative of the Broward League of Cities. The

29  executive director of the Area Agency on Aging of Broward

30  County or his or her designee, the director of programs for

31  adults with developmental disabilities or his or her designee,

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1  and the Broward County Director of Human Services or his or

 2  her designee are permanent positions. The members appointed

 3  from the Broward County Board of County Commissioners, the

 4  Broward County Legislative Delegation, and the Broward League

 5  of Cities shall be appointed to 2-year terms. The other five

 6  members shall be appointed by the Governor and shall

 7  represent, to the greatest extent possible, the cultural

 8  diversity of Broward County's population. At least one of the

 9  gubernatorial designees must be an individual who is a

10  caretaker or family member of a person who is 22 years of age

11  or older and has a developmental disability, and at least one

12  must be 60 years of age or older. Recommendations for these

13  memberships shall be provided by the Broward County Board of

14  County Commissioners. Three names shall be submitted for each

15  vacancy, determined by category. The gubernatorial appointees

16  shall be appointed to 4-year terms and may be reappointed for

17  one additional term of office. The Governor shall make a

18  selection within a 45-day period or request a new list of

19  candidates. All members appointed by the Governor must have

20  been residents of Broward County for the previous 24-month

21  period. The length of the terms of the initial appointees

22  shall be adjusted to stagger the terms. The Governor may

23  remove a member for cause or upon the written petition of the

24  Broward County Board of County Commissioners. If any of the

25  members of the Council required to be appointed by the

26  Governor resigns, dies, or is removed from office, the vacancy

27  shall be filled by appointment by the Governor, using the same

28  method as the original appointment, and such appointment to

29  fill a vacancy shall be for the unexpired term of the member

30  who resigns, dies, or is removed from office.

31  

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1         (3)(a)  The Broward County Council for Services for

 2  Seniors and Adults with Developmental Disabilities may:

 3         1.  Provide and maintain in the county the preventive,

 4  developmental, treatment, and rehabilitative services for

 5  seniors and adults with developmental disabilities which the

 6  council determines are needed for the general welfare of

 7  seniors and adults with developmental disabilities.

 8         2.  Provide any other services which the council

 9  determines are needed for the general welfare of seniors and

10  adults with developmental disabilities in the county.

11         3.  Allocate and provide funds for other agencies in

12  the county which are operated for the benefit of seniors and

13  adults with developmental disabilities.

14         4.  Collect information and statistical data and

15  conduct research and assessments that will be helpful to the

16  council and the county in deciding the needs of seniors and

17  adults with developmental disabilities in the county.

18         5.  Consult and coordinate with other agencies

19  dedicated to the welfare of seniors and adults with

20  developmental disabilities to the end that the overlapping of

21  services will be prevented.

22         6.  Seek grants from state, federal, and local agencies

23  and accept donations from public and private sources.

24         7.  Lease or buy real estate, equipment, and personal

25  property and construct buildings as needed to execute the

26  foregoing powers and functions, except that such purchases may

27  not be made or building done unless paid for with cash on hand

28  or secured by funds deposited in financial institutions. This

29  subparagraph does not authorize a district to issue bonds of

30  any nature, and a district does not have the power to require

31  

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1  the imposition of any bond by the governing body of the

 2  county.

 3         8.  Employ, pay, and provide benefits for any part-time

 4  or full-time personnel needed to execute the foregoing powers

 5  and functions.

 6         (b)  The Broward County Council for Services for

 7  Seniors and Adults with Developmental Disabilities shall:

 8         1.  Immediately after the members are appointed, elect

 9  a chair and vice chair from among its members and elect other

10  officers as deemed necessary by the council.

11         2.  Immediately after the members are appointed and

12  officers are elected, identify and assess the needs of seniors

13  and adults with developmental disabilities in the county and

14  submit to the Broward County Board of County Commissioners a

15  written description of:

16         a.  The activities, services, and opportunities that

17  will be provided to seniors and adults with developmental

18  disabilities.

19         b.  The anticipated schedule for providing those

20  activities, services, and opportunities.

21         c.  The manner in which seniors and adults with

22  developmental disabilities will be served, including a

23  description of arrangements and agreements that will be made

24  with community organizations, state and local educational

25  agencies, federal agencies, public assistance agencies, the

26  court system, guardianship groups, and other applicable public

27  and private agencies and organizations.

28         d.  The special outreach efforts that will be

29  undertaken to provide services to seniors and adults with

30  developmental disabilities who are at risk, abused, or

31  

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1  neglected and ailing seniors or profoundly afflicted adults

 2  with developmental disabilities.

 3         e.  The manner in which the council will seek and

 4  provide funding for unmet needs.

 5         f.  The strategy that will be used for interagency

 6  coordination to maximize existing human and fiscal resources.

 7         3.  Provide training and orientation to all new members

 8  sufficient to allow them to perform their duties.

 9         4.  Make and adopt bylaws and rules for the council's

10  guidance, operation, governance, and maintenance, if such

11  rules are not inconsistent with federal or state laws or

12  county ordinances.

13         5.  Provide an annual written report, to be presented

14  no later than January 1, to the Broward County Board of County

15  Commissioners. The annual report must contain, but need not be

16  limited to:

17         a.  Information on the effectiveness of activities,

18  services, and programs offered by the council, including cost

19  effectiveness.

20         b.  A detailed anticipated budget for continuation of

21  activities, services, and programs offered by the council and

22  a list of all sources of requested funding, both public and

23  private.

24         c.  Procedures used for early identification of at-risk

25  seniors and adults with developmental disabilities who need

26  additional or continued services and methods for ensuring that

27  the additional or continued services are received.

28         d.  A description of the degree to which the council's

29  objectives and activities are consistent with the goals of

30  this section.

31  

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1         e.  Detailed information of the various programs,

 2  services, and activities available to seniors and adults with

 3  developmental disabilities.

 4         f.  Information on programs, services, and activities

 5  that should be eliminated; programs, services, and activities

 6  that should be continued; and programs, services, and

 7  activities that should be added to the basic format of the

 8  council.

 9         (c)  The council shall maintain minutes of each

10  meeting, including a record of all votes cast, and shall make

11  such minutes available to any interested person.

12         (d)  Members of the council shall serve without

13  compensation, but are entitled to receive reimbursement for

14  per diem and travel expenses consistent with section 112.061,

15  Florida Statutes.

16         (4)(a)  The district shall maintain the same fiscal

17  year as that of Broward County.

18         (b)  On or before July 1 of each year, the council

19  shall prepare a tentative annual written budget of the

20  district's expected income and expenditures, including a

21  contingency fund. The council shall, in addition, compute a

22  proposed millage rate within the voter-approved cap necessary

23  to fund the tentative budget and, prior to adopting a final

24  budget, comply with section 200.065, Florida Statutes,

25  relating to the method of fixing millage, and fix the final

26  millage rate by resolution of the council. The adopted budget

27  and final millage rate must be certified and delivered to the

28  Broward County Board of County Commissioners as soon as

29  possible following the council's adoption of the final budget

30  and millage rate under chapter 200, Florida Statutes. Included

31  in each certified budget shall be the millage rate, adopted by

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1  resolution of the council, necessary to be applied to raise

 2  the funds budgeted for district operations and expenditures.

 3  District millage may not exceed 0.5 mills of assessed

 4  valuation of all properties within Broward County which are

 5  subject to ad valorem county taxes.

 6         (c)  After the budget of the district is certified and

 7  delivered to the Broward County Board of County Commissioners,

 8  the budget may not be changed or modified by the Broward

 9  County Board of County Commissioners or any other authority.

10         (d)  All taxes collected under this section, as soon

11  after collection as is reasonably practicable, shall be paid

12  directly to the council by the Broward County Revenue

13  Collection Division.

14         (e)1.  All moneys received by the council shall be

15  deposited in qualified public depositories, as defined in

16  section 280.02, Florida Statutes, with separate and

17  distinguishable accounts established specifically for the

18  council and may be withdrawn only by checks signed by the

19  chair of the council and countersigned by one other member of

20  the council or by a chief executive officer authorized by the

21  council.

22         2.  Upon entering the duties of office, the chair and

23  the other member of the council or chief executive officer who

24  signs its checks shall each file a surety bond in the sum of

25  at least $1,000 for each $1 million or portion thereof of the

26  council's annual budget, which bond shall be conditioned upon

27  the faithful discharge of the duties of his or her office. The

28  premium on such bond may be paid by the district as part of

29  the expenses of the council. Other members of the council may

30  not be required to give bond or other security.

31  

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1         3.  Funds of the district may not be expended except by

 2  check, except expenditures from a petty cash account, which

 3  account may not at any time exceed $100. All expenditures from

 4  petty cash must be recorded on the books and records of the

 5  council. Funds of the council, except expenditures from petty

 6  cash, may not be expended without prior approval of the

 7  council, in addition to the budgeting thereof.

 8         (f)  Within 10 days, exclusive of weekends and legal

 9  holidays, after the expiration of each quarter-annual period,

10  the council shall prepare and file with the Broward County

11  Board of County Commissioners a financial report that

12  includes:

13         1.  The total expenditures of the council for the

14  quarter-annual period.

15         2.  The total receipts of the council during the

16  quarter-annual period.

17         3.  A statement of the funds the council has on hand,

18  has invested, or has deposited with qualified public

19  depositories at the end of the quarter-annual period.

20         4.  The total administrative costs of the council for

21  the quarter-annual period.

22         (5)  The district created under this act may be amended

23  or dissolved by a special act of the Legislature.

24         (6)  After or during the first year of operation of the

25  council, the Broward County Board of County Commissioners, at

26  its option, may fund in whole or in part the budget of the

27  council from its own funds.

28         (7)  The district created under this act shall comply

29  with all other statutory requirements of general application

30  which relate to the filing of any financial reports or

31  compliance reports required under part III of chapter 218,

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1  Florida Statutes, or any other report or documentation

 2  required by law, including the requirements of sections

 3  189.415, 189.417, and 189.418, Florida Statutes.

 4         (8)  The Broward County Council for Services for

 5  Seniors and Adults with Developmental Disabilities shall not

 6  require any public or private service provider to provide

 7  additional matching funds as a condition of the council's or

 8  district's providing services or programs to seniors and

 9  adults with developmental disabilities.

10         Section 2.  Referendum.--The Broward County Board of

11  County Commissioners shall call and the Supervisor of

12  Elections of Broward County shall conduct, in conjunction with

13  the primary election to be held on September 5, 2006, a

14  referendum as follows:

15  

16  Creating the Council for Services for Seniors and Adults with

17  Developmental Disabilities and authorization of taxation.

18  

19  Shall an independent special district known as the "Council

20  for Services for Seniors and Adults with Developmental

21  Disabilities" be created by special act of the Legislature

22  with authority to levy each year an ad valorem tax not to

23  exceed one-half of one mill to fund services for seniors and

24  adults with developmental disabilities?

25  

26  Yes ___

27  

28  No ___

29         Section 3.  This act and the provisions of section 1

30  which authorize ad valorem taxation shall take effect only

31  upon approval by a majority vote of those qualified electors

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    Florida Senate - 2005        (NP)                      SB 2774
    32-1889A-05                                     See CS/HB 1501




 1  of Broward County voting in a referendum to be held in

 2  conjunction with the primary election held on September 5,

 3  2006, in accordance with the provisions of law relating to

 4  elections currently in force, except that this section and

 5  section 2 of this act shall take effect upon becoming a law.

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