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:
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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.
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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
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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
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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.
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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.
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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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