Senate Bill sb0062e1

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    CS for SB 62                                   First Engrossed



  1                      A bill to be entitled

  2         An act relating to services for seniors and

  3         adults with developmental disabilities;

  4         authorizing each county to create an

  5         independent special district to provide funding

  6         for services for seniors and adults with

  7         developmental disabilities; requiring approval

  8         by referendum at the next general election to

  9         annually levy ad valorem taxes not to exceed a

10         certain maximum; creating a governing board for

11         the special district; specifying criteria for

12         membership to the governing board; providing

13         terms of office; clarifying that a county may

14         provide services for seniors and adults with

15         developmental disabilities or create a special

16         district to provide such services by general or

17         special law; specifying the powers and

18         functions of a council on services for seniors

19         and adults with developmental disabilities;

20         requiring each council to appoint a chair and a

21         vice chair and elect officers, to identify and

22         assess the needs of the seniors and adults with

23         developmental disabilities in the county served

24         by the council, to provide training and

25         orientation to new members of the council, to

26         make and adopt bylaws and rules for the

27         council's operation and governance, and to

28         provide an annual written report to the

29         governing body of the county; requiring the

30         council to maintain minutes of each meeting and

31         to serve without compensation; requiring the


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    CS for SB 62                                   First Engrossed



 1         council to prepare a tentative annual budget

 2         and to compute a millage rate to fund the

 3         tentative budget; requiring that all tax moneys

 4         collected be paid directly to the council on

 5         services for seniors and adults with

 6         developmental disabilities by the tax collector

 7         of the county and deposited in qualified public

 8         depositories; specifying expenditures of funds;

 9         requiring the council to prepare and file a

10         financial report with the governing body of the

11         county; providing that a district may be

12         dissolved by a special act of the Legislature

13         or by ordinance by the governing body of the

14         county; specifying obligations of the county if

15         a district is dissolved; authorizing the

16         governing body of a county to fund the budget

17         of the council on services for seniors and

18         adults with developmental disabilities from its

19         own funds after or during the council's first

20         year of operation; requiring a special district

21         to comply with statutory requirements related

22         to the filing of a financial or compliance

23         report; authorizing a county to create a

24         dependent special district to provide certain

25         services for seniors and adults with

26         developmental disabilities; authorizing the

27         district to seek grants and accept donations

28         from public and private sources; providing

29         legislative intent with respect to the use of

30         funds collected by a council on services for

31         seniors and adults with developmental


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    CS for SB 62                                   First Engrossed



 1         disabilities; providing that two or more

 2         councils on services for seniors and adults

 3         with developmental disabilities may enter into

 4         a cooperative agreement to share administrative

 5         costs, staff, and office space and seek grants,

 6         accept donations, or jointly fund programs

 7         serving multicounty areas; prohibiting councils

 8         or districts from requiring matching funds from

 9         certain service providers as a condition for

10         the provision of services by the council or

11         district; providing an effective date.

12  

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

14  

15         Section 1.  Services for seniors and adults with

16  developmental disabilities; independent special district;

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

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

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

20  Florida Statutes, to provide funding for services for seniors

21  and adults with developmental disabilities throughout the

22  county in accordance with this section. The boundaries of such

23  district must be coterminous with the boundaries of the

24  county. The county governing body shall obtain approval, by a

25  vote of at least 60 percent of those electors voting on the

26  question, to annually levy ad valorem taxes that may not

27  exceed the maximum millage rate authorized by this section.

28  Such approval shall be obtained by submitting the question to

29  a referendum of the qualified electors in the county. The

30  referendum shall be held in conjunction with the next

31  regularly scheduled general election, in accordance with


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    CS for SB 62                                   First Engrossed



 1  section 100.342, Florida Statutes. A district created under

 2  this subsection shall levy and fix millage as provided in

 3  section 200.065, Florida Statutes. Once the millage is

 4  approved by the electorate, the district is not required to

 5  seek approval of the electorate in future years to levy the

 6  previously approved millage.

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

 8  council on services for seniors and adults with developmental

 9  disabilities. The council shall consist of 11 members,

10  including the executive director of the area agency on aging

11  or his or her designee who is a director of senior programs;

12  the county director of human services or his or her designee

13  who is a director of elderly services; one person who is a

14  director of programs for adults with developmental

15  disabilities or his or her designee; one member of the county

16  governing board; one nonvoting member of the legislative

17  delegation for the county appointed by the delegation chair;

18  and one county representative of the Florida League of Cities.

19  The executive director of the area agency on aging or his or

20  her designee, the director of programs for adults with

21  developmental disabilities or his or her designee, and the

22  county director of human services or his or her designee are

23  permanent positions. The members from the county governing

24  board, the legislative delegation, and the Florida League of

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

26  members must be appointed by the Governor and shall represent,

27  to the greatest extent possible, the cultural diversity of the

28  county's population. At least one of the gubernatorial

29  designees must be an individual who is a caretaker or family

30  member of a person who is 22 years of age or older and has a

31  developmental disability and at least one must be 60 years of


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    CS for SB 62                                   First Engrossed



 1  age or older. Recommendations for these memberships shall be

 2  provided by the county governing board. Three names shall be

 3  submitted for each vacancy, determined by category. The

 4  gubernatorial appointees shall be appointed to 4-year terms

 5  and may be reappointed for one additional term of office. The

 6  Governor shall make a selection within a 45-day period or

 7  request a new list of candidates.  All members appointed by

 8  the Governor must have been residents of the county for the

 9  previous 24-month period. The length of the terms of the

10  initial appointees shall be adjusted to stagger the terms. The

11  Governor may remove a member for cause or upon the written

12  petition of the county governing body. If any of the members

13  of the council required to be appointed by the Governor

14  resign, die, or are removed from office, the vacancy shall be

15  filled by appointment by the Governor, using the same method

16  as the original appointment, and such appointment to fill a

17  vacancy shall be for the unexpired term of the member who

18  resigns, dies, or is removed from office.

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

20  exercising the power authorized by general or special law to

21  provide services for seniors and adults with developmental

22  disabilities or to create a special district to provide those

23  services.

24         (2)(a)  Each council may:

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

26  developmental, treatment, and rehabilitative services for

27  seniors and adults with developmental disabilities which the

28  council determines are needed for the general welfare of

29  seniors and adults with developmental disabilities in the

30  county.

31  


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    CS for SB 62                                   First Engrossed



 1         2.  Provide any other services which the council

 2  determines are needed for the general welfare of seniors and

 3  adults with developmental disabilities in the county.

 4         3.  Allocate and provide funds for other agencies in

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

 6  adults with developmental disabilities.

 7         4.  Collect information and statistical data and

 8  conduct research and assessments that will be helpful to the

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

10  adults with developmental disabilities in the county.

11         5.  Consult and coordinate with other agencies

12  dedicated to the welfare of seniors and adults with

13  developmental disabilities to the end that the overlapping of

14  services will be prevented.

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

16  property and construct buildings as needed to execute the

17  foregoing powers and functions, except that such purchases may

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

19  or secured by funds deposited in financial institutions. This

20  subparagraph does not authorize a district to issue bonds of

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

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

23  county.

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

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

26  and functions.

27         (b)  Each council shall:

28         1.  Immediately after the members are appointed, elect

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

30  other officers as deemed necessary by the council.

31  


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    CS for SB 62                                   First Engrossed



 1         2.  Immediately after the members are appointed and

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

 3  seniors and adults with developmental disabilities in the

 4  county served by the council and submit to the governing body

 5  of each county a written description of:

 6         a.  The activities, services, and opportunities that

 7  will be provided to seniors and adults with developmental

 8  disabilities.

 9         b.  The anticipated schedule for providing those

10  activities, services, and opportunities.

11         c.  The manner in which seniors and adults with

12  developmental disabilities will be served, including a

13  description of arrangements and agreements that will be made

14  with community organizations, state and local educational

15  agencies, federal agencies, public assistance agencies, the

16  court system, guardianship groups, and other applicable public

17  and private agencies and organizations.

18         d.  The special outreach efforts that will be

19  undertaken to provide services to senior and adults with

20  developmental disabilities who are at risk, abused, or

21  neglected and ailing seniors or profoundly afflicted adults

22  with developmental disabilities.

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

24  provide funding for unmet needs.

25         f.  The strategy that will be used for interagency

26  coordination to maximize existing human and fiscal resources.

27         3.  Provide training and orientation to all new members

28  sufficient to allow them to perform their duties.

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

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

31  


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    CS for SB 62                                   First Engrossed



 1  rules are not inconsistent with federal or state laws or

 2  county ordinances.

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

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

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

 6         a.  Information on the effectiveness of activities,

 7  services, and programs offered by the council, including

 8  cost-effectiveness.

 9         b.  A detailed anticipated budget for continuation of

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

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

12  private.

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

14  seniors and adults with developmental disabilities who need

15  additional or continued services and methods for ensuring that

16  the additional or continued services are received.

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

18  objectives and activities are consistent with the goals of

19  this section.

20         e.  Detailed information on the various programs,

21  services, and activities available to seniors and adults with

22  developmental services and the degree to which the programs,

23  services, and activities have been successfully used by

24  seniors and adults with developmental disabilities.

25         f.  Information on programs, services, and activities

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

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

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

29  council.

30  

31  


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    CS for SB 62                                   First Engrossed



 1         (c)  The council shall maintain minutes of each

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

 3  such minutes available to any interested person.

 4         (d)  Members of the council shall serve without

 5  compensation, but are entitled to receive reimbursement for

 6  per diem and travel expenses consistent with section 112.061,

 7  Florida Statutes.

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

 9  year as that of the county.

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

11  shall prepare a tentative annual written budget of the

12  district's expected income and expenditures, including a

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

14  proposed millage rate within the voter-approved cap necessary

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

16  budget, comply with section 200.065, Florida Statutes,

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

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

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

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

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

22  chapter 200, Florida Statutes. Included in each certified

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

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

25  for district operations and expenditures. District millage may

26  not exceed 0.5 mills of assessed valuation of all properties

27  within the county which are subject to ad valorem county

28  taxes.

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

30  delivered to the governing body of the county, the budget may

31  


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    CS for SB 62                                   First Engrossed



 1  not be changed or modified by the governing body of the county

 2  or any other authority.

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

 4  after collection as is reasonably practicable, shall be paid

 5  directly to the council by the tax collector of the county or

 6  the clerk of the circuit court, if the clerk collects

 7  delinquent taxes.

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

 9  deposited in qualified public depositories, as defined in

10  section 280.02, Florida Statutes, with separate and

11  distinguishable accounts established specifically for the

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

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

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

15  council.

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

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

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

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

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

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

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

23  of the expense of the council. Other members of the council

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

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

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

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

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

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

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

31  council, in addition to the budgeting thereof.


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    CS for SB 62                                   First Engrossed



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

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

 3  the council shall prepare and file with the governing body of

 4  the county a financial report that includes:

 5         1.  The total expenditures of the council for the

 6  quarter-annual period.

 7         2.  The total receipts of the council during the

 8  quarter-annual period.

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

10  has invested, or has deposited with qualified public

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

12         4.  The total administrative costs of the council for

13  the quarter-annual period.

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

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

16  governing body may by ordinance dissolve the district subject

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

18  dissolved under this subsection, each county shall first

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

20  and outstanding obligations of the district within the total

21  millage available to the county governing body for all county

22  and municipal purposes as provided for under Section 9,

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

24  be dissolved under section 189.4042, Florida Statutes.

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

26  council, the governing body of the county, at its option, may

27  fund in whole or in part the budget of the council from its

28  own funds.

29         (6)  Any district created under this section shall

30  comply with all other statutory requirements of general

31  application which relate to the filing of any financial


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    CS for SB 62                                   First Engrossed



 1  reports or compliance reports required under part III of

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

 3  documentation required by law, including the requirements of

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

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

 6  special district within the boundaries of the county for the

 7  purpose of providing preventive, developmental, treatment, and

 8  rehabilitative services for seniors and adults with

 9  developmental disabilities. The district may seek grants from

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

11  public and private sources, if the district complies with

12  paragraphs (1)(a) and (2)(b) and has a budget that requires

13  approval through an affirmative vote of the governing body of

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

15  county.

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

17  the membership of the governing board of a dependent special

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

19  ordinance create a dependent special district within the

20  boundaries of the county for the purpose of providing

21  preventive, developmental, treatment, and rehabilitative

22  services for seniors and adults with developmental

23  disabilities, and the district may seek grants from state,

24  federal, and local agencies and accept donations from public

25  and private sources, if the district complies with paragraph

26  (2)(b) and has a budget that requires approval through an

27  affirmative vote of the governing body of the county or that

28  may be vetoed by the governing body of the county.

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

30  collected under this section be used to support improvements

31  in services for seniors and adults with developmental


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    CS for SB 62                                   First Engrossed



 1  disabilities and that such funds not be used as a substitute

 2  for existing resources or for resources that would otherwise

 3  be available for services for seniors and adults with

 4  developmental disabilities.

 5         (9)  Two or more councils may enter into a cooperative

 6  agreement to share administrative costs, including, but not

 7  limited to, staff and office space, if a more efficient or

 8  effective operation will result. The cooperative agreement

 9  must include provisions on apportioning costs between the

10  councils, keeping separate and distinct financial records for

11  each council, and resolving any conflicts that might arise

12  under the cooperative agreement.

13         (10)  Two or more councils may enter into a cooperative

14  agreement to seek grants, accept donations, or jointly fund

15  programs serving multicounty areas. The cooperative agreement

16  must include provisions for the adequate accounting of

17  separate and joint funds.

18         (11)  Councils or districts may not require any public

19  or private service provider to provide additional matching

20  funds as a condition of the council or district providing

21  services or programs to seniors and adults with developmental

22  disabilities.

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

24  law.

25  

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