(LATE FILED)Amendment
Bill No. 0926
Amendment No. 201133
CHAMBER ACTION
Senate House
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1Representative Sobel offered the following:
2
3     Amendment (with title amendment)
4     On page 25, between lines 4 and 5,
5
6insert:
7     Section 8.  Section 125.903, Florida Statutes, is created
8to read:
9     125.903  Services for seniors and adults with developmental
10disabilities; independent special district; council; powers,
11duties, and functions.--
12     (1)  Broward county may by ordinance create an independent
13special district, as defined in ss. 189.403(3) and
14200.001(8)(e), to provide funding for services for seniors and
15adults with developmental disabilities throughout the county in
16accordance with this section. Such ordinance shall create a
17charter for the district which addresses and contains the
18minimum requirements required by s. 189.404(3). The boundaries
19of such district must be coterminous with the boundaries of the
20county. The county governing body shall obtain approval, by a
21majority vote of those electors voting on the question, to
22annually levy ad valorem taxes that may not exceed the maximum
23millage rate authorized by this section. Such approval shall be
24obtained by submitting the question to a referendum of the
25qualified electors in the county. The referendum shall be held
26in conjunction with the next regularly scheduled general
27election, in accordance with ss. 100.342 and 100.351. A district
28created under this subsection shall levy and fix millage as
29provided in s. 200.065. Once the millage is approved by the
30electorate, the district is not required to seek approval of the
31electorate in future years to levy the previously approved
32millage. For purposes of this section, the term "senior" means a
33person who is at least 60 years of age and the term "adult with
34developmental disabilities" means an adult with developmental
35disabilities who is at least 22 years of age.
36     (a)  The governing board of the district shall be a council
37on services for seniors and adults with developmental
38disabilities. The council shall consist of 11 members, including
39the executive director of the area agency on aging or his or her
40designee who is a director of senior programs; the county
41director of human services or his or her designee who is a
42director of elderly services; one person who is a director of
43programs for adults with developmental disabilities or his or
44her designee; one member of the county governing board; one
45nonvoting member of the legislative delegation for the county
46appointed by the delegation chair; and one county representative
47of the Florida League of Cities. The executive director of the
48area agency on aging and his or her designee, the director of
49programs for adults with developmental disabilities and his or
50her designee, and the county director of human services and his
51or her designee are permanent positions. The members from the
52county governing board, the legislative delegation, and the
53Florida League of Cities shall be appointed to 2-year terms. The
54other five members must be appointed by the Governor and shall
55represent, to the greatest extent possible, the cultural
56diversity of the county's population. At least one of the
57gubernatorial designees must be an individual who is a caretaker
58or family member of a person who is 22 years of age or older and
59has a developmental disability and at least one must be 60 years
60of age or older. Recommendations for these memberships shall be
61provided by the county governing board. Three names shall be
62submitted for each vacancy, determined by category. The
63gubernatorial appointees shall be appointed to 4-year terms and
64may be reappointed for one additional term of office. The
65Governor shall make a selection within a 45-day period or
66request a new list of candidates. All members appointed by the
67Governor must have been residents of the county for the previous
6824-month period. The length of the terms of the initial
69appointees shall be adjusted to stagger the terms. The Governor
70may remove a member for cause or upon the written petition of
71the county governing body. If any of the members of the council
72required to be appointed by the Governor resign, die, or are
73removed from office, the vacancy shall be filled by appointment
74by the Governor, using the same method as the original
75appointment, and such appointment to fill a vacancy shall be for
76the unexpired term of the member who resigns, dies, or is
77removed from office.
78     (b)  This subsection does not prohibit a county from
79exercising the power authorized by general or special law to
80provide services for seniors and adults with developmental
81disabilities or to create a special district to provide those
82services.
83     (2)(a)  Each council may:
84     1.  Provide and maintain in the county the preventive,
85developmental, treatment, and rehabilitative services for
86seniors and adults with developmental disabilities which the
87council determines are needed for the general welfare of seniors
88and adults with developmental disabilities in the county.
89     2.  Provide any other services which the council determines
90are needed for the general welfare of seniors and adults with
91developmental disabilities in the county.
92     3.  Allocate and provide funds for other agencies in the
93county which are operated for the benefit of seniors and adults
94with developmental disabilities.
95     4.  Collect information and statistical data and conduct
96research and assessments that will be helpful to the council and
97the county in deciding the needs of seniors and adults with
98developmental disabilities in the county.
99     5.  Consult and coordinate with other agencies dedicated to
100the welfare of seniors and adults with developmental
101disabilities to the end that the overlapping of services will be
102prevented.
103     6.  Lease or buy real estate, equipment, and personal
104property and construct buildings as needed to execute the
105foregoing powers and functions, except that such purchases may
106not be made or building done unless paid for with cash on hand
107or secured by funds deposited in financial institutions. This
108subparagraph does not authorize a district to issue bonds of any
109nature, and a district does not have the power to require the
110imposition of any bond by the governing body of the county.
111     7.  Employ, pay, and provide benefits for any part-time or
112full-time personnel needed to execute the foregoing powers and
113functions.
114     (b)  Each council shall:
115     1.  Immediately after the members are appointed, elect a
116chair and a vice chair from among its members and elect other
117officers as deemed necessary by the council.
118     2.  Immediately after the members are appointed and
119officers are elected, identify and assess the needs of seniors
120and adults with developmental disabilities in the county served
121by the council and submit to the governing body of each county a
122written description of:
123     a.  The activities, services, and opportunities that will
124be provided to seniors and adults with developmental
125disabilities.
126     b.  The anticipated schedule for providing those
127activities, services, and opportunities.
128     c.  The manner in which seniors and adults with
129developmental disabilities will be served, including a
130description of arrangements and agreements that will be made
131with community organizations, state and local educational
132agencies, federal agencies, public assistance agencies, the
133court system, guardianship groups, and other applicable public
134and private agencies and organizations.
135     d.  The special outreach efforts that will be undertaken to
136provide services to seniors and adults with developmental
137disabilities who are at-risk, abused, or neglected and ailing
138seniors or profoundly afflicted adults with developmental
139disabilities.
140     e.  The manner in which the council will seek and provide
141funding for unmet needs.
142     f.  The strategy that will be used for interagency
143coordination to maximize existing human and fiscal resources.
144     3.  Provide training and orientation to all new members
145sufficient to allow them to perform their duties.
146     4.  Make and adopt bylaws and rules for the council's
147guidance, operation, governance, and maintenance, if such rules
148are not inconsistent with federal or state laws or county
149ordinances.
150     5.  Provide an annual written report, to be presented no
151later than January 1, to the governing body of the county. The
152annual report must contain, but need not be limited to:
153     a.  Information on the effectiveness of activities,
154services, and programs offered by the council, including cost-
155effectiveness.
156     b.  A detailed anticipated budget for continuation of
157activities, services, and programs offered by the council, and a
158list of all sources of requested funding, both public and
159private.
160     c.  Procedures used for early identification of at-risk
161seniors and adults with developmental disabilities who need
162additional or continued services and methods for ensuring that
163the additional or continued services are received.
164     d.  A description of the degree to which the council's
165objectives and activities are consistent with the goals of this
166section.
167     e.  Detailed information on the various programs, services,
168and activities available to seniors and adults with
169developmental disabilities and the degree to which the programs,
170services, and activities have been successfully used by seniors
171and adults with developmental disabilities.
172     f.  Information on programs, services, and activities that
173should be eliminated; programs, services, and activities that
174should be continued; and programs, services, and activities that
175should be added to the basic format of the council.
176     (c)  The council shall maintain minutes of each meeting,
177including a record of all votes cast, and shall make such
178minutes available to any interested person.
179     (d)  Members of the council shall serve without
180compensation, but are entitled to receive reimbursement for per
181diem and travel expenses consistent with s. 112.061.
182     (3)(a)  The district shall maintain the same fiscal year as
183that of the county.
184     (b)  On or before July 1 of each year, the council shall
185prepare a tentative annual written budget of the district's
186expected income and expenditures, including a contingency fund.
187The council shall, in addition, compute a proposed millage rate
188within the voter-approved cap necessary to fund the tentative
189budget and, prior to adopting a final budget, comply with s.
190200.065, relating to the method of fixing millage, and fix the
191final millage rate by resolution of the council. The adopted
192budget and final millage rate must be certified and delivered to
193the governing body of the county as soon as possible following
194the council's adoption of the final budget and millage rate
195under chapter 200. Included in each certified budget shall be
196the millage rate, adopted by resolution of the council,
197necessary to be applied to raise the funds budgeted for district
198operations and expenditures. District millage may not exceed 0.5
199mills of assessed valuation of all properties within the county
200which are subject to ad valorem county taxes.
201     (c)  After the budget of the district is certified and
202delivered to the governing body of the county, the budget may
203not be changed or modified by the governing body of the county
204or any other authority.
205     (d)  All taxes collected under this section, as soon after
206collection as is reasonably practicable, shall be paid directly
207to the council by the tax collector of the county or the clerk
208of the circuit court, if the clerk collects delinquent taxes.
209     (e)1.  All moneys received by the council shall be
210deposited in qualified public depositories, as defined in s.
211280.02, with separate and distinguishable accounts established
212specifically for the council and may be withdrawn only by checks
213signed by the chair of the council and countersigned by one
214other member of the council or by a chief executive officer
215authorized by the council.
216     2.  Upon entering the duties of office, the chair and the
217other member of the council or chief executive officer who signs
218its checks shall each give a surety bond in the sum of at least
219$1,000 for each $1 million or portion thereof of the council's
220annual budget, which bond shall be conditioned upon the faithful
221discharge of the duties of his or her office. The premium on
222such bond may be paid by the district as part of the expense of
223the council. Other members of the council may not be required to
224give bond or other security.
225     3.  Funds of the district may not be expended except by
226check, except expenditures from a petty cash account, which
227account may not at any time exceed $100. All expenditures from
228petty cash must be recorded on the books and records of the
229council. Funds of the council, except expenditures from petty
230cash, may not be expended without prior approval of the council,
231in addition to the budgeting thereof.
232     (f)  Within 10 days, exclusive of weekends and legal
233holidays, after the expiration of each quarter-annual period,
234the council shall prepare and file with the governing body of
235the county a financial report that includes:
236     1.  The total expenditures of the council for the quarter-
237annual period.
238     2.  The total receipts of the council during the quarter-
239annual period.
240     3.  A statement of the funds the council has on hand, has
241invested, or has deposited with qualified public depositories at
242the end of the quarter-annual period.
243     4.  The total administrative costs of the council for the
244quarter-annual period.
245     (4)  Any district created under this section may be
246dissolved by a special act of the Legislature, or the county
247governing body may by ordinance dissolve the district subject to
248the approval of the electorate. If any district is dissolved
249under this subsection, each county shall first obligate itself
250to assume the debts, liabilities, contracts, and outstanding
251obligations of the district within the total millage available
252to the county governing body for all county and municipal
253purposes as provided for under section 9, Article VII of the
254State Constitution. Any district may also be dissolved under s.
255189.4042.
256     (5)  After or during the first year of operation of the
257council, the governing body of the county, at its option, may
258fund in whole or in part the budget of the council from its own
259funds.
260     (6)  Any district created under this section shall comply
261with all other statutory requirements of general application
262which relate to the filing of any financial reports or
263compliance reports required under part III of chapter 218, or
264any other report or documentation required by law, including the
265requirements of ss. 189.415, 189.417, and 189.418.
266     (7)(a)  Each county may by ordinance create a dependent
267special district within the boundaries of the county for the
268purpose of providing preventive, developmental, treatment, and
269rehabilitative services for seniors and adults with
270developmental disabilities. The district may seek grants from
271state, federal, and local agencies and accept donations from
272public and private sources if the district complies with
273paragraphs (1)(a) and (2)(b) and has a budget that requires
274approval through an affirmative vote of the governing body of
275the county or that may be vetoed by the governing body of the
276county.
277     (b)  If the provisions of a county charter relating to the
278membership of the governing board of a dependent special
279district conflict with paragraph (1)(a), a county may by
280ordinance create a dependent special district within the
281boundaries of the county for the purpose of providing
282preventive, developmental, treatment, and rehabilitative
283services for seniors and adults with developmental disabilities,
284and the district may seek grants from state, federal, and local
285agencies and accept donations from public and private sources if
286the district complies with paragraph (2)(b) and has a budget
287that requires approval through an affirmative vote of the
288governing body of the county or that may be vetoed by the
289governing body of the county.
290     (8)  It is the intent of the Legislature that the funds
291collected under this section be used to support improvements in
292services for seniors and adults with developmental disabilities
293and that such funds not be used as a substitute for existing
294resources or for resources that would otherwise be available for
295services for seniors and adults with developmental disabilities.
296     (9)  Two or more councils may enter into a cooperative
297agreement to share administrative costs, including, but not
298limited to, staff and office space, if a more efficient or
299effective operation will result. The cooperative agreement must
300include provisions on apportioning costs between the councils,
301keeping separate and distinct financial records for each
302council, and resolving any conflicts that might arise under the
303cooperative agreement.
304     (10)  Two or more councils may enter into a cooperative
305agreement to seek grants, accept donations, or jointly fund
306programs serving multicounty areas. The cooperative agreement
307must include provisions for the adequate accounting of separate
308and joint funds.
309     (11)  Councils or districts shall not require any public or
310private service provider to provide additional matching funds as
311a condition of the council or district providing services or
312programs to seniors and adults with developmental disabilities.
313     Section 9.  Part V of chapter 125, Florida Statutes,
314consisting of sections 125.901, 125.902, and 125.903, Florida
315Statutes, and entitled "Children's Services," is renamed as
316"Human Services."
317     Section 10.  Paragraph (b) of subsection (4) of section
318189.404, Florida Statutes, is amended to read:
319     189.404  Legislative intent for the creation of independent
320special districts; special act prohibitions; model elements and
321other requirements; general-purpose local government/Governor
322and Cabinet creation authorizations.--
323     (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
324AUTHORIZATIONS.--Except as otherwise authorized by general law,
325only the Legislature may create independent special districts.
326     (b)  A county may create an independent special district
327which shall be adopted by a charter in accordance with s.
328125.901, s. 125.903, or s. 154.331 or chapter 155, or which
329shall be established by ordinance in accordance with s. 190.005,
330or as otherwise authorized by general law.
331
332================ T I T L E  A M E N D M E N T =============
333     On page 2, line 26, after the semicolon,
334
335insert:
336amending ss. 125.0167 and 201.031, F.S.; authorizing
337certain counties operating under a home rule charter to
338levy the discretionary surtax for purposes of establishing
339and funding a Housing Assistance Loan Trust Fund to assist
340in providing housing for low-income and moderate-income
341families; prohibiting certain counties from levying the
342surtax unless approved by a majority of the electors of
343the county voting in a referendum; providing requirements
344for holding a referendum; providing for the future repeal
345of ss. 125.0167 and 201.031, F.S., relating to the surtax
346on documents for purposes of funding housing assistance;
347amending s. 201.0205, F.S.; deleting references to ch. 83-
348220, Laws of Florida, to conform; updating cross
349references; repealing s. 3 of ch. 83-220, Laws of Florida,
350as amended, relating to the former repeal date established
351for the discretionary surtax on documents; creating s.
352125.903, F.S.; authorizing Broward county to create an
353independent special district to provide funding for
354services for seniors and adults with developmental
355disabilities; requiring a district charter; requiring
356approval by a majority vote of electors to annually levy
357ad valorem taxes not to exceed a certain maximum;
358requiring a referendum; creating a governing board for the
359special district; specifying criteria for membership to
360the governing board; providing terms of office; clarifying
361that a county may provide services for seniors and adults
362with developmental disabilities or create a special
363district to provide such services by general or special
364law; specifying the powers and functions of a council on
365services for seniors and adults with developmental
366disabilities; requiring each council to appoint a chair
367and a vice chair and elect officers, to identify and
368assess the needs of the seniors and adults with
369developmental disabilities in the county served by the
370council, to provide training and orientation to new
371members of the council, to make and adopt bylaws and rules
372for the council's operation and governance, and to provide
373an annual written report to the governing body of the
374county; requiring the council to maintain minutes of each
375meeting and to serve without compensation; requiring the
376council to prepare a tentative annual budget and to
377compute a millage rate to fund the tentative budget;
378requiring that all tax moneys collected be paid directly
379to the council on services for seniors and adults with
380developmental disabilities by the tax collector of the
381county and deposited in qualified public depositories;
382specifying expenditures of funds; requiring the council to
383prepare and file a financial report with the governing
384body of the county; providing that a district may be
385dissolved by a special act of the Legislature or by
386ordinance by the governing body of the county; specifying
387obligations of the county if a district is dissolved;
388authorizing the governing body of a county to fund the
389budget of the council on services for seniors and adults
390with developmental disabilities from its own funds after
391or during the council's first year of operation; requiring
392a special district to comply with statutory requirements
393related to the filing of a financial or compliance report;
394authorizing a county to create a dependent special
395district to provide certain services for seniors and
396adults with developmental disabilities; authorizing the
397district to seek grants and accept donations from public
398and private sources; providing legislative intent with
399respect to the use of funds collected by a council on
400services for seniors and adults with developmental
401disabilities; providing that two or more councils on
402services for seniors and adults with developmental
403disabilities may enter into a cooperative agreement to
404share administrative costs, staff, and office space and
405seek grants, accept donations, or jointly fund programs
406serving multicounty areas; prohibiting councils or
407districts from requiring matching funds from certain
408service providers as a condition to provision of services
409by the council or district; renaming part V of chapter
410125, F.S.; amending s. 189.404, F.S.; revising county
411authority to create an independent special district to
412include a reference to s. 125.903, F.S.;


CODING: Words stricken are deletions; words underlined are additions.