Senate Bill sb0062

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    Florida Senate - 2005                                    SB 62

    By Senator Campbell





    32-38-05

  1                      A bill to be entitled

  2         An act relating to seniors' services;

  3         authorizing each county to create an

  4         independent special district to provide funding

  5         for seniors' services; requiring approval by a

  6         majority vote of electors to annually levy ad

  7         valorem taxes not to exceed a certain maximum;

  8         creating a governing board for the special

  9         district; specifying criteria for membership to

10         the governing board; providing terms of office;

11         clarifying that a county may provide seniors'

12         services or create a special district to

13         provide such services by general or special

14         law; specifying the powers and functions of a

15         council on seniors' services; requiring each

16         council to appoint a chair and a vice chair and

17         elect officers, to identify and assess the

18         needs of the seniors in the county served by

19         the council, to provide training and

20         orientation to new members of the council, to

21         make and adopt bylaws and rules for the

22         council's operation and governance, and to

23         provide an annual written report to the

24         governing body of the county; requiring the

25         council to maintain minutes of each meeting and

26         to serve without compensation; requiring the

27         council to prepare a tentative annual budget

28         and to compute a millage rate to fund the

29         tentative budget; requiring that all tax money

30         collected be paid directly to the council on

31         seniors' services by the tax collector of the

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    Florida Senate - 2005                                    SB 62
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 1         county and deposited in qualified public

 2         depositories; specifying expenditures of funds;

 3         requiring the council to prepare and file a

 4         financial report with the governing body of the

 5         county; providing that a district may be

 6         dissolved by a special act of the Legislature

 7         or by ordinance by the governing body of the

 8         county; specifying obligations of the county if

 9         a district is dissolved; authorizing the

10         governing body of a county to fund the budget

11         of the council on seniors' services from its

12         own funds after or during the council's first

13         year of operation; requiring a special district

14         to comply with statutory requirements related

15         to the filing of a financial or compliance

16         report; authorizing a county to create a

17         dependent special district to provide certain

18         services for seniors; authorizing the district

19         to seek grants and accept donations from public

20         and private sources; providing legislative

21         intent with respect to the use of funds

22         collected by a council on seniors' services;

23         providing that two or more councils on seniors'

24         services may enter into a cooperative agreement

25         to share administrative costs, staff, and

26         office space and seek grants, accept donations,

27         or jointly fund programs serving multicounty

28         areas; providing an effective date.

29  

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

31  

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    Florida Senate - 2005                                    SB 62
    32-38-05




 1         Section 1.  Seniors' services; independent special

 2  district; council; powers, duties, and functions.--

 3         (1)  Each county may by ordinance create an independent

 4  special district, as defined in sections 189.403 and 200.001,

 5  Florida Statutes, to provide funding for seniors' services

 6  throughout the county in accordance with this section. The

 7  boundaries of such district must be coterminous with the

 8  boundaries of the county. The county governing body shall

 9  obtain approval, by a majority vote of those electors voting

10  on the question, to annually levy ad valorem taxes that may

11  not exceed the maximum millage rate authorized by this

12  section. A district created under this subsection shall levy

13  and fix millage as provided in section 200.065, Florida

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

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

16  future years to levy the previously approved millage.

17         (a)  The governing board of the district shall be a

18  council on seniors' services, which may also be known as an

19  elderly advocacy board or similar name as established in the

20  ordinance by the county governing body. The council shall

21  consist of 10 members, including the executive director of the

22  area agency on aging or his or her designee who is a director

23  of senior programs; the county director of human services or

24  his or her designee who is a director of elderly services; one

25  member of the county governing board; one nonvoting member of

26  the legislative delegation for the county appointed by the

27  delegation chair; and one county representative of the Florida

28  League of Cities. The executive director of the area agency on

29  aging and his or her designee and the county director of human

30  services and his or her designee are permanent positions. The

31  members from the county governing board, the legislative

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    Florida Senate - 2005                                    SB 62
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 1  delegation, and the Florida League of Cities shall be

 2  appointed to 2-year terms. The other five members must be

 3  appointed by the Governor and shall represent, to the greatest

 4  extent possible, the cultural diversity of the county's

 5  population. A minimum of two of the five gubernatorial

 6  designees must be 60 years of age or older. Recommendations

 7  for these memberships shall be provided by the county

 8  governing board. Three names shall be submitted for each

 9  vacancy, determined by category. The gubernatorial appointees

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

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

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

13  candidates.  All members appointed by the Governor must have

14  been residents of the county for the previous 24-month period.

15  The length of the terms of the initial appointees shall be

16  adjusted to stagger the terms. The Governor may remove a

17  member for cause or upon the written petition of the county

18  governing body.  If any of the members of the council required

19  to be appointed by the Governor resign, die, or are removed

20  from office, the vacancy shall be filled by appointment by the

21  Governor, using the same method as the original appointment,

22  and such appointment to fill a vacancy shall be for the

23  unexpired term of the person who resigns, dies, or is removed

24  from office.

25         (b)  This subsection does not prohibit a county from

26  exercising the power authorized by general or special law to

27  provide seniors' services or to create a special district to

28  provide those services.

29         (2)(a)  Each council on seniors' services may:

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

31  developmental, treatment, and rehabilitative services for

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 1  seniors which the council determines are needed for the

 2  general welfare of the county.

 3         2.  Provide any other services for all seniors which

 4  the council determines are needed for the general welfare of

 5  the county.

 6         3.  Allocate and provide funds for other agencies in

 7  the county which are operated for the benefit of seniors.

 8         4.  Collect information and statistical data and

 9  conduct research that will be helpful to the council and the

10  county in deciding the needs of seniors in the county.

11         5.  Consult and coordinate with other agencies

12  dedicated to the welfare of seniors to the end that the

13  overlapping of services will be prevented.

14         6.  Lease or buy real estate, equipment, and personal

15  property and construct buildings as needed to execute the

16  foregoing powers and functions, except that such purchases may

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

18  or secured by funds deposited in financial institutions. This

19  subparagraph does not authorize a district to issue bonds of

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

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

22  county.

23         7.  Employ, pay, and provide benefits for any part-time

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

25  and functions.

26         (b)  Each council on seniors' services shall:

27         1.  Immediately after the members are appointed, elect

28  a chair and a vice chair from among its members and elect

29  other officers as deemed necessary by the council.

30         2.  Immediately after the members are appointed and

31  officers are elected, identify and assess the needs of the

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 1  seniors in the county served by the council and submit to the

 2  governing body of each county a written description of:

 3         a.  The activities, services, and opportunities that

 4  will be provided to seniors.

 5         b.  The anticipated schedule for providing those

 6  activities, services, and opportunities.

 7         c.  The manner in which seniors will be served,

 8  including a description of arrangements and agreements that

 9  will be made with community organizations, state and local

10  educational agencies, federal agencies, public assistance

11  agencies, the court system, guardianship groups, and other

12  applicable public and private agencies and organizations.

13         d.  The special outreach efforts that will be

14  undertaken to provide services to at-risk, abused, or

15  neglected seniors.

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

17  provide funding for unmet needs.

18         f.  The strategy that will be used for interagency

19  coordination to maximize existing human and fiscal resources.

20         3.  Provide training and orientation to all new members

21  sufficient to allow them to perform their duties.

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

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

24  rules are not inconsistent with federal or state laws or

25  county ordinances.

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

27  no later than January 1, to the governing body of the county.

28  The annual report must contain, but need not be limited to:

29         a.  Information on the effectiveness of activities,

30  services, and programs offered by the council, including

31  cost-effectiveness.

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 1         b.  A detailed anticipated budget for continuation of

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

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

 4  private.

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

 6  seniors who need additional or continued services and methods

 7  for ensuring that the additional or continued services are

 8  received.

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

10  objectives and activities are consistent with the goals of

11  this section.

12         e.  Detailed information on the various programs,

13  services, and activities available to participants and the

14  degree to which the programs, services, and activities have

15  been successfully used by seniors.

16         f.  Information on programs, services, and activities

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

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

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

20  seniors' services council.

21         (c)  The council shall maintain minutes of each

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

23  such minutes available to any interested person.

24         (d)  Members of the council shall serve without

25  compensation, but are entitled to receive reimbursement for

26  per diem and travel expenses consistent with section 112.061,

27  Florida Statutes.

28         (3)(a)  The district shall maintain the same fiscal

29  year as that of the county.

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

31  seniors' services shall prepare a tentative annual written

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 1  budget of the district's expected income and expenditures,

 2  including a contingency fund. The council shall, in addition,

 3  compute a proposed millage rate within the voter-approved cap

 4  necessary to fund the tentative budget and, prior to adopting

 5  a final budget, comply with section 200.065, Florida Statutes,

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

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

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

 9  governing body of the county as soon as possible following the

10  council's adoption of the final budget and millage rate under

11  chapter 200, Florida Statutes. Included in each certified

12  budget shall be the millage rate, adopted by resolution of the

13  council, necessary to be applied to raise the funds budgeted

14  for district operations and expenditures. District millage may

15  not exceed 0.5 mills of assessed valuation of all properties

16  within the county which are subject to ad valorem county

17  taxes.

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

19  delivered to the governing body of the county, it may not be

20  changed or modified by the governing body of the county or any

21  other authority.

22         (d)  All tax money collected under this section, as

23  soon after collection as is reasonably practicable, shall be

24  paid directly to the council on seniors' services by the tax

25  collector of the county or the clerk of the circuit court, if

26  the clerk collects delinquent taxes.

27         (e)1.  All moneys received by the council on seniors'

28  services shall be deposited in qualified public depositories,

29  as defined in section 280.02, Florida Statutes, with separate

30  and distinguishable accounts established specifically for the

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

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

 2  the council on seniors' services or by a chief executive

 3  officer authorized by the council.

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

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

 6  signs its checks shall each give a surety bond in the sum of

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

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

 9  the faithful discharge of the duties of his or her office.

10  The premium on such bond may be paid by the district as part

11  of the expense of the council. Other members of the council

12  may not be required to give bond or other security.

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

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

15  may not at any time exceed $100. All expenditures from petty

16  cash must be recorded on the books and records of the council

17  on seniors' services. Funds of the council on seniors'

18  services, except expenditures from petty cash, may not be

19  expended without prior approval of the council, in addition to

20  the budgeting thereof.

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

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

23  the council on seniors' services shall prepare and file with

24  the governing body of the county a financial report that

25  includes:

26         1.  The total expenditures of the council for the

27  quarter-annual period.

28         2.  The total receipts of the council during the

29  quarter-annual period.

30  

31  

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

 2  has invested, or has deposited with qualified public

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

 4         4.  The total administrative costs of the council for

 5  the quarter-annual period.

 6         (4)  Any district created under this section may be

 7  dissolved by a special act of the Legislature, or the county

 8  governing body may by ordinance dissolve the district subject

 9  to the approval of the electorate. If any district is

10  dissolved under this subsection, each county shall first

11  obligate itself to assume the debts, liabilities, contracts,

12  and outstanding obligations of the district within the total

13  millage available to the county governing body for all county

14  and municipal purposes as provided for under section 9,

15  Article VII of the State Constitution. Any district may also

16  be dissolved under section 189.4042, Florida Statutes.

17         (5)  After or during the first year of operation of the

18  council on seniors' services, the governing body of the

19  county, at its option, may fund in whole or in part the budget

20  of the council on seniors' services from its own funds.

21         (6)  Any district created under this section shall

22  comply with all other statutory requirements of general

23  application which relate to the filing of any financial

24  reports or compliance reports required under part III of

25  chapter 218, Florida Statutes, or any other report or

26  documentation required by law, including the requirements of

27  sections 189.415, 189.417, and 189.418, Florida Statutes.

28         (7)(a)  Each county may by ordinance create a dependent

29  special district within the boundaries of the county for the

30  purpose of providing preventive, developmental, treatment, and

31  rehabilitative services for seniors. The district may seek

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 1  grants from state, federal, and local agencies and accept

 2  donations from public and private sources, if the district

 3  complies with paragraphs (1)(a) and (2)(b) and has a budget

 4  that requires approval through an affirmative vote of the

 5  governing body of the county or that may be vetoed by the

 6  governing body of the county.

 7         (b)  If the provisions of a county charter relating to

 8  the membership of the governing board of a dependent special

 9  district conflict with paragraph (1)(a), a county may by

10  ordinance create a dependent special district within the

11  boundaries of the county for the purpose of providing

12  preventive, developmental, treatment, and rehabilitative

13  services for seniors, and the district may seek grants from

14  state, federal, and local agencies and accept donations from

15  public and private sources, if the district complies with

16  paragraph (2)(b) and has a budget that requires approval

17  through an affirmative vote of the governing body of the

18  county or that may be vetoed by the governing body of the

19  county.

20         (8)  It is the intent of the Legislature that the funds

21  collected under this section be used to support improvements

22  in seniors' services and that such funds not be used as a

23  substitute for existing resources or for resources that would

24  otherwise be available for seniors' services.

25         (9)  Two or more councils on seniors' services may

26  enter into a cooperative agreement to share administrative

27  costs, including, but not limited to, staff and office space,

28  if a more efficient or effective operation will result. The

29  cooperative agreement must include provisions on apportioning

30  costs between the councils, keeping separate and distinct

31  

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 1  financial records for each council, and resolving any

 2  conflicts that might arise under the cooperative agreement.

 3         (10)  Two or more councils on seniors' services may

 4  enter into a cooperative agreement to seek grants, accept

 5  donations, or jointly fund programs serving multicounty areas.

 6  The cooperative agreement must include provisions for the

 7  adequate accounting of separate and joint funds.

 8         Section 2.  This act shall take effect upon becoming a

 9  law.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Authorizes a county to create an independent special
      district to provide funding for seniors' services.
14    Requires approval by a majority vote of electors to
      annually levy ad valorem taxes, not to exceed a certain
15    maximum. Creates a governing board for the special
      district. Specifies the powers and functions of a council
16    on seniors' services. Requires each council to identify
      and assess the needs of the seniors in the county served
17    by the council and to provide an annual written report to
      the governing body of the county. Requires the council to
18    prepare a budget and compute the millage rate. Requires
      the council to prepare and file a financial report with
19    the governing body of the county. Provides that a
      district may be dissolved by a special act of the
20    Legislature or by ordinance by the governing body of the
      county. (See bill for details.)
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