Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 253238
CHAMBER ACTION
Senate House
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05/04/2005 06:03 PM .
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11 Senator Campbell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 136, before line 1,
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16 insert:
17 Section 33. Services for seniors and adults with
18 developmental disabilities; independent special district;
19 council; powers, duties, and functions.--
20 (1) There is hereby created an independent special
21 district, as defined in sections 189.403 and 200.001, Florida
22 Statutes, to provide funding for services for seniors and
23 adults with developmental disabilities throughout Broward
24 County in accordance with this act. The boundaries of such
25 district shall be coterminous with the boundaries of Broward
26 County. The district created pursuant to this act shall levy
27 and fix millage as provided in section 200.065, Florida
28 Statutes. Once the millage is approved by the electorate, the
29 district is not required to seek approval of the electorate in
30 future years to levy the previously approved millage. For
31 purposes of this section, the term "senior" means a person who
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 253238
1 is at least 60 years of age, and the term "adult with
2 developmental disabilities" means an adult with developmental
3 disabilities who is at least 22 years of age.
4 (2) The governing board of the district shall be the
5 Broward County Council for Services for Seniors and Adults
6 with Developmental Disabilities. The council shall consist of
7 11 members, including the executive director of the Area
8 Agency on Aging of Broward County or his or her designee who
9 is a director of senior programs; the Broward County Director
10 of Human Services or his or her designee who is a director of
11 elderly services; one person who is director of programs for
12 adults with developmental disabilities or his or her designee;
13 one member of the Broward County Board of County
14 Commissioners; one nonvoting member of the Broward County
15 Legislative Delegation appointed by the delegation chair; and
16 one representative of the Broward League of Cities. The
17 executive director of the Area Agency on Aging of Broward
18 County or his or her designee, the director of programs for
19 adults with developmental disabilities or his or her designee,
20 and the Broward County Director of Human Services or his or
21 her designee are permanent positions. The members appointed
22 from the Broward County Board of County Commissioners, the
23 Broward County Legislative Delegation, and the Broward League
24 of Cities shall be appointed to 2-year terms. The other five
25 members shall be appointed by the Governor and shall
26 represent, to the greatest extent possible, the cultural
27 diversity of Broward County's population. At least one of the
28 gubernatorial designees must be an individual who is a
29 caretaker or family member of a person who is 22 years of age
30 or older and has a developmental disability, and at least one
31 must be 60 years of age or older. Recommendations for these
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 253238
1 memberships shall be provided by the Broward County Board of
2 County Commissioners. Three names shall be submitted for each
3 vacancy, determined by category. The gubernatorial appointees
4 shall be appointed to 4-year terms and may be reappointed for
5 one additional term of office. The Governor shall make a
6 selection within a 45-day period or request a new list of
7 candidates. All members appointed by the Governor must have
8 been residents of Broward County for the previous 24-month
9 period. The length of the terms of the initial appointees
10 shall be adjusted to stagger the terms. The Governor may
11 remove a member for cause or upon the written petition of the
12 Broward County Board of County Commissioners. If any of the
13 members of the Council required to be appointed by the
14 Governor resigns, dies, or is removed from office, the vacancy
15 shall be filled by appointment by the Governor, using the same
16 method as the original appointment, and such appointment to
17 fill a vacancy shall be for the unexpired term of the member
18 who resigns, dies, or is removed from office.
19 (3)(a) The Broward County Council for Services for
20 Seniors and Adults with Developmental Disabilities may:
21 1. Provide and maintain in the county the preventive,
22 developmental, treatment, and rehabilitative services for
23 seniors and adults with developmental disabilities which the
24 council determines are needed for the general welfare of
25 seniors and adults with developmental disabilities.
26 2. Provide any other services which the council
27 determines are needed for the general welfare of seniors and
28 adults with developmental disabilities in the county.
29 3. Allocate and provide funds for other agencies in
30 the county which are operated for the benefit of seniors and
31 adults with developmental disabilities.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 253238
1 4. Collect information and statistical data and
2 conduct research and assessments that will be helpful to the
3 council and the county in deciding the needs of seniors and
4 adults with developmental disabilities in the county.
5 5. Consult and coordinate with other agencies
6 dedicated to the welfare of seniors and adults with
7 developmental disabilities to the end that the overlapping of
8 services will be prevented.
9 6. Seek grants from state, federal, and local agencies
10 and accept donations from public and private sources.
11 7. Lease or buy real estate, equipment, and personal
12 property and construct buildings as needed to execute the
13 foregoing powers and functions, except that such purchases may
14 not be made or building done unless paid for with cash on hand
15 or secured by funds deposited in financial institutions. This
16 subparagraph does not authorize a district to issue bonds of
17 any nature, and a district does not have the power to require
18 the imposition of any bond by the governing body of the
19 county.
20 8. Employ, pay, and provide benefits for any part-time
21 or full-time personnel needed to execute the foregoing powers
22 and functions.
23 (b) The Broward County Council for Services for
24 Seniors and Adults with Developmental Disabilities shall:
25 1. Immediately after the members are appointed, elect
26 a chair and vice chair from among its members and elect other
27 officers as deemed necessary by the council.
28 2. Immediately after the members are appointed and
29 officers are elected, identify and assess the needs of seniors
30 and adults with developmental disabilities in the county and
31 submit to the Broward County Board of County Commissioners a
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 253238
1 written description of:
2 a. The activities, services, and opportunities that
3 will be provided to seniors and adults with developmental
4 disabilities.
5 b. The anticipated schedule for providing those
6 activities, services, and opportunities.
7 c. The manner in which seniors and adults with
8 developmental disabilities will be served, including a
9 description of arrangements and agreements that will be made
10 with community organizations, state and local educational
11 agencies, federal agencies, public assistance agencies, the
12 court system, guardianship groups, and other applicable public
13 and private agencies and organizations.
14 d. The special outreach efforts that will be
15 undertaken to provide services to seniors and adults with
16 developmental disabilities who are at risk, abused, or
17 neglected and ailing seniors or profoundly afflicted adults
18 with developmental disabilities.
19 e. The manner in which the council will seek and
20 provide funding for unmet needs.
21 f. The strategy that will be used for interagency
22 coordination to maximize existing human and fiscal resources.
23 3. Provide training and orientation to all new members
24 sufficient to allow them to perform their duties.
25 4. Make and adopt bylaws and rules for the council's
26 guidance, operation, governance, and maintenance, if such
27 rules are not inconsistent with federal or state laws or
28 county ordinances.
29 5. Provide an annual written report, to be presented
30 no later than January 1, to the Broward County Board of County
31 Commissioners. The annual report must contain, but need not be
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
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1 limited to:
2 a. Information on the effectiveness of activities,
3 services, and programs offered by the council, including cost
4 effectiveness.
5 b. A detailed anticipated budget for continuation of
6 activities, services, and programs offered by the council and
7 a list of all sources of requested funding, both public and
8 private.
9 c. Procedures used for early identification of at-risk
10 seniors and adults with developmental disabilities who need
11 additional or continued services and methods for ensuring that
12 the additional or continued services are received.
13 d. A description of the degree to which the council's
14 objectives and activities are consistent with the goals of
15 this section.
16 e. Detailed information of the various programs,
17 services, and activities available to seniors and adults with
18 developmental disabilities.
19 f. Information on programs, services, and activities
20 that should be eliminated; programs, services, and activities
21 that should be continued; and programs, services, and
22 activities that should be added to the basic format of the
23 council.
24 (c) The council shall maintain minutes of each
25 meeting, including a record of all votes cast, and shall make
26 such minutes available to any interested person.
27 (d) Members of the council shall serve without
28 compensation, but are entitled to receive reimbursement for
29 per diem and travel expenses consistent with section 112.061,
30 Florida Statutes.
31 (4)(a) The district shall maintain the same fiscal
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 253238
1 year as that of Broward County.
2 (b) On or before July 1 of each year, the council
3 shall prepare a tentative annual written budget of the
4 district's expected income and expenditures, including a
5 contingency fund. The council shall, in addition, compute a
6 proposed millage rate within the voter-approved cap necessary
7 to fund the tentative budget and, prior to adopting a final
8 budget, comply with section 200.065, Florida Statutes,
9 relating to the method of fixing millage, and fix the final
10 millage rate by resolution of the council. The adopted budget
11 and final millage rate must be certified and delivered to the
12 Broward County Board of County Commissioners as soon as
13 possible following the council's adoption of the final budget
14 and millage rate under chapter 200, Florida Statutes. Included
15 in each certified budget shall be the millage rate, adopted by
16 resolution of the council, necessary to be applied to raise
17 the funds budgeted for district operations and expenditures.
18 District millage may not exceed 0.5 mills of assessed
19 valuation of all properties within Broward County which are
20 subject to ad valorem county taxes.
21 (c) After the budget of the district is certified and
22 delivered to the Broward County Board of County Commissioners,
23 the budget may not be changed or modified by the Broward
24 County Board of County Commissioners or any other authority.
25 (d) All taxes collected under this section, as soon
26 after collection as is reasonably practicable, shall be paid
27 directly to the council by the Broward County Revenue
28 Collection Division.
29 (e)1. All moneys received by the council shall be
30 deposited in qualified public depositories, as defined in
31 section 280.02, Florida Statutes, with separate and
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
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1 distinguishable accounts established specifically for the
2 council and may be withdrawn only by checks signed by the
3 chair of the council and countersigned by one other member of
4 the council or by a chief executive officer authorized by the
5 council.
6 2. Upon entering the duties of office, the chair and
7 the other member of the council or chief executive officer who
8 signs its checks shall each file a surety bond in the sum of
9 at least $1,000 for each $1 million or portion thereof of the
10 council's annual budget, which bond shall be conditioned upon
11 the faithful discharge of the duties of his or her office. The
12 premium on such bond may be paid by the district as part of
13 the expenses of the council. Other members of the council may
14 not be required to give bond or other security.
15 3. Funds of the district may not be expended except by
16 check, except expenditures from a petty cash account, which
17 account may not at any time exceed $100. All expenditures from
18 petty cash must be recorded on the books and records of the
19 council. Funds of the council, except expenditures from petty
20 cash, may not be expended without prior approval of the
21 council, in addition to the budgeting thereof.
22 (f) Within 10 days, exclusive of weekends and legal
23 holidays, after the expiration of each quarter-annual period,
24 the council shall prepare and file with the Broward County
25 Board of County Commissioners a financial report that
26 includes:
27 1. The total expenditures of the council for the
28 quarter-annual period.
29 2. The total receipts of the council during the
30 quarter-annual period.
31 3. A statement of the funds the council has on hand,
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
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1 has invested, or has deposited with qualified public
2 depositories at the end of the quarter-annual period.
3 4. The total administrative costs of the council for
4 the quarter-annual period.
5 (5) The district created under this act may be amended
6 or dissolved by a special act of the Legislature.
7 (6) After or during the first year of operation of the
8 council, the Broward County Board of County Commissioners, at
9 its option, may fund in whole or in part the budget of the
10 council from its own funds.
11 (7) The district created under this act shall comply
12 with all other statutory requirements of general application
13 which relate to the filing of any financial reports or
14 compliance reports required under part III of chapter 218,
15 Florida Statutes, or any other report or documentation
16 required by law, including the requirements of sections
17 189.415, 189.417, and 189.418, Florida Statutes.
18 (8) The Broward County Council for Services for
19 Seniors and Adults with Developmental Disabilities shall not
20 require any public or private service provider to provide
21 additional matching funds as a condition of the council's or
22 district's providing services or programs to seniors and
23 adults with developmental disabilities.
24 Section 34. Referendum.--The Broward County Board of
25 County Commissioners shall call and the Supervisor of
26 Elections of Broward County shall conduct, in conjunction with
27 the primary election to be held on September 5, 2006, a
28 referendum as follows:
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30 Creating the Council for Services for Seniors and Adults with
31 Developmental Disabilities and authorization of taxation.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
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1
2 Shall an independent special district known as the "Council
3 for Services for Seniors and Adults with Developmental
4 Disabilities" be created by special act of the Legislature
5 with authority to levy each year an ad valorem tax not to
6 exceed one-half of one mill to fund services for seniors and
7 adults with developmental disabilities?
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9 Yes ___
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11 No ___
12 Section 35. Section 33 of this act shall take effect
13 only upon approval by a majority vote of those qualified
14 electors of Broward County voting in a referendum to be held
15 in conjunction with the primary election held on September 5,
16 2006, in accordance with the provisions of law relating to
17 elections currently in force.
18
19 (Redesignate subsequent sections.)
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21
22 ================ T I T L E A M E N D M E N T ===============
23 And the title is amended as follows:
24 On page 6, line 19, after the semicolon.
25
26 insert:
27 creating the Broward County Council for
28 Services for Seniors and Adults with
29 Developmental Disabilities; creating an
30 independent special district to provide funding
31 for services for seniors and adults with
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 253238
1 developmental disabilities; requiring approval
2 by a majority vote of electors to annually levy
3 ad valorem taxes not to exceed a certain
4 maximum; creating a governing board for the
5 district; specifying criteria for membership to
6 the governing board; providing terms of office;
7 specifying the powers and functions of the
8 council; requiring the council to appoint a
9 chair and vice chair and elect officers, to
10 identify and assess the needs of seniors and
11 adults with developmental disabilities, to
12 provide training and orientation to new members
13 of the council, to make and adopt bylaws and
14 rules for the council's operation and
15 governance, and to provide an annual report to
16 the Broward County Board of County
17 Commissioners; requiring the council to
18 maintain minutes of each meeting and to serve
19 without compensation; requiring the council to
20 prepare a tentative annual budget and to
21 compute a millage rate to fund the tentative
22 budget; requiring that all tax moneys collected
23 be paid directly to the council by the Broward
24 County Tax Collector and deposited in qualified
25 public depositories; specifying expenditures of
26 funds; requiring the council to prepare and
27 file a financial report to the Broward County
28 Board of County Commissioners; providing that
29 the district may be amended or dissolved by a
30 special act of the Legislature; authorizing the
31 Broward County Board of County Commissioners to
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 253238
1 fund the budget of the council from its own
2 funds after or during the council's first year
3 of operation; requiring the district to comply
4 with statutory requirements related to the
5 filing of a financial or compliance report;
6 authorizing the district to seek grants and
7 accept donations from public and private
8 sources; providing legislative intent with
9 respect to the use of funds collected by the
10 council; prohibiting the council from requiring
11 certain matching funds; requiring a referendum;
12 providing a ballot statement;
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