| 1 | Representative Sobel offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | On page 25, between lines 4 and 5, |
| 5 |
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| 6 | insert: |
| 7 | Section 8. Section 125.903, Florida Statutes, is created |
| 8 | to read: |
| 9 | 125.903 Services for seniors and adults with developmental |
| 10 | disabilities; independent special district; council; powers, |
| 11 | duties, and functions.-- |
| 12 | (1) Broward county may by ordinance create an independent |
| 13 | special district, as defined in ss. 189.403(3) and |
| 14 | 200.001(8)(e), to provide funding for services for seniors and |
| 15 | adults with developmental disabilities throughout the county in |
| 16 | accordance with this section. Such ordinance shall create a |
| 17 | charter for the district which addresses and contains the |
| 18 | minimum requirements required by s. 189.404(3). The boundaries |
| 19 | of such district must be coterminous with the boundaries of the |
| 20 | county. The county governing body shall obtain approval, by a |
| 21 | majority vote of those electors voting on the question, to |
| 22 | annually levy ad valorem taxes that may not exceed the maximum |
| 23 | millage rate authorized by this section. Such approval shall be |
| 24 | obtained by submitting the question to a referendum of the |
| 25 | qualified electors in the county. The referendum shall be held |
| 26 | in conjunction with the next regularly scheduled general |
| 27 | election, in accordance with ss. 100.342 and 100.351. A district |
| 28 | created under this subsection shall levy and fix millage as |
| 29 | provided in s. 200.065. Once the millage is approved by the |
| 30 | electorate, the district is not required to seek approval of the |
| 31 | electorate in future years to levy the previously approved |
| 32 | millage. For purposes of this section, the term "senior" means a |
| 33 | person who is at least 60 years of age and the term "adult with |
| 34 | developmental disabilities" means an adult with developmental |
| 35 | disabilities who is at least 22 years of age. |
| 36 | (a) The governing board of the district shall be a council |
| 37 | on services for seniors and adults with developmental |
| 38 | disabilities. The council shall consist of 11 members, including |
| 39 | the executive director of the area agency on aging or his or her |
| 40 | designee who is a director of senior programs; the county |
| 41 | director of human services or his or her designee who is a |
| 42 | director of elderly services; one person who is a director of |
| 43 | programs for adults with developmental disabilities or his or |
| 44 | her designee; one member of the county governing board; one |
| 45 | nonvoting member of the legislative delegation for the county |
| 46 | appointed by the delegation chair; and one county representative |
| 47 | of the Florida League of Cities. The executive director of the |
| 48 | area agency on aging and his or her designee, the director of |
| 49 | programs for adults with developmental disabilities and his or |
| 50 | her designee, and the county director of human services and his |
| 51 | or her designee are permanent positions. The members from the |
| 52 | county governing board, the legislative delegation, and the |
| 53 | Florida League of Cities shall be appointed to 2-year terms. The |
| 54 | other five members must be appointed by the Governor and shall |
| 55 | represent, to the greatest extent possible, the cultural |
| 56 | diversity of the county's population. At least one of the |
| 57 | gubernatorial designees must be an individual who is a caretaker |
| 58 | or family member of a person who is 22 years of age or older and |
| 59 | has a developmental disability and at least one must be 60 years |
| 60 | of age or older. Recommendations for these memberships shall be |
| 61 | provided by the county governing board. Three names shall be |
| 62 | submitted for each vacancy, determined by category. The |
| 63 | gubernatorial appointees shall be appointed to 4-year terms and |
| 64 | may be reappointed for one additional term of office. The |
| 65 | Governor shall make a selection within a 45-day period or |
| 66 | request a new list of candidates. All members appointed by the |
| 67 | Governor must have been residents of the county for the previous |
| 68 | 24-month period. The length of the terms of the initial |
| 69 | appointees shall be adjusted to stagger the terms. The Governor |
| 70 | may remove a member for cause or upon the written petition of |
| 71 | the county governing body. If any of the members of the council |
| 72 | required to be appointed by the Governor resign, die, or are |
| 73 | removed from office, the vacancy shall be filled by appointment |
| 74 | by the Governor, using the same method as the original |
| 75 | appointment, and such appointment to fill a vacancy shall be for |
| 76 | the unexpired term of the member who resigns, dies, or is |
| 77 | removed from office. |
| 78 | (b) This subsection does not prohibit a county from |
| 79 | exercising the power authorized by general or special law to |
| 80 | provide services for seniors and adults with developmental |
| 81 | disabilities or to create a special district to provide those |
| 82 | services. |
| 83 | (2)(a) Each council may: |
| 84 | 1. Provide and maintain in the county the preventive, |
| 85 | developmental, treatment, and rehabilitative services for |
| 86 | seniors and adults with developmental disabilities which the |
| 87 | council determines are needed for the general welfare of seniors |
| 88 | and adults with developmental disabilities in the county. |
| 89 | 2. Provide any other services which the council determines |
| 90 | are needed for the general welfare of seniors and adults with |
| 91 | developmental disabilities in the county. |
| 92 | 3. Allocate and provide funds for other agencies in the |
| 93 | county which are operated for the benefit of seniors and adults |
| 94 | with developmental disabilities. |
| 95 | 4. Collect information and statistical data and conduct |
| 96 | research and assessments that will be helpful to the council and |
| 97 | the county in deciding the needs of seniors and adults with |
| 98 | developmental disabilities in the county. |
| 99 | 5. Consult and coordinate with other agencies dedicated to |
| 100 | the welfare of seniors and adults with developmental |
| 101 | disabilities to the end that the overlapping of services will be |
| 102 | prevented. |
| 103 | 6. Lease or buy real estate, equipment, and personal |
| 104 | property and construct buildings as needed to execute the |
| 105 | foregoing powers and functions, except that such purchases may |
| 106 | not be made or building done unless paid for with cash on hand |
| 107 | or secured by funds deposited in financial institutions. This |
| 108 | subparagraph does not authorize a district to issue bonds of any |
| 109 | nature, and a district does not have the power to require the |
| 110 | imposition of any bond by the governing body of the county. |
| 111 | 7. Employ, pay, and provide benefits for any part-time or |
| 112 | full-time personnel needed to execute the foregoing powers and |
| 113 | functions. |
| 114 | (b) Each council shall: |
| 115 | 1. Immediately after the members are appointed, elect a |
| 116 | chair and a vice chair from among its members and elect other |
| 117 | officers as deemed necessary by the council. |
| 118 | 2. Immediately after the members are appointed and |
| 119 | officers are elected, identify and assess the needs of seniors |
| 120 | and adults with developmental disabilities in the county served |
| 121 | by the council and submit to the governing body of each county a |
| 122 | written description of: |
| 123 | a. The activities, services, and opportunities that will |
| 124 | be provided to seniors and adults with developmental |
| 125 | disabilities. |
| 126 | b. The anticipated schedule for providing those |
| 127 | activities, services, and opportunities. |
| 128 | c. The manner in which seniors and adults with |
| 129 | developmental disabilities will be served, including a |
| 130 | description of arrangements and agreements that will be made |
| 131 | with community organizations, state and local educational |
| 132 | agencies, federal agencies, public assistance agencies, the |
| 133 | court system, guardianship groups, and other applicable public |
| 134 | and private agencies and organizations. |
| 135 | d. The special outreach efforts that will be undertaken to |
| 136 | provide services to seniors and adults with developmental |
| 137 | disabilities who are at-risk, abused, or neglected and ailing |
| 138 | seniors or profoundly afflicted adults with developmental |
| 139 | disabilities. |
| 140 | e. The manner in which the council will seek and provide |
| 141 | funding for unmet needs. |
| 142 | f. The strategy that will be used for interagency |
| 143 | coordination to maximize existing human and fiscal resources. |
| 144 | 3. Provide training and orientation to all new members |
| 145 | sufficient to allow them to perform their duties. |
| 146 | 4. Make and adopt bylaws and rules for the council's |
| 147 | guidance, operation, governance, and maintenance, if such rules |
| 148 | are not inconsistent with federal or state laws or county |
| 149 | ordinances. |
| 150 | 5. Provide an annual written report, to be presented no |
| 151 | later than January 1, to the governing body of the county. The |
| 152 | annual report must contain, but need not be limited to: |
| 153 | a. Information on the effectiveness of activities, |
| 154 | services, and programs offered by the council, including cost- |
| 155 | effectiveness. |
| 156 | b. A detailed anticipated budget for continuation of |
| 157 | activities, services, and programs offered by the council, and a |
| 158 | list of all sources of requested funding, both public and |
| 159 | private. |
| 160 | c. Procedures used for early identification of at-risk |
| 161 | seniors and adults with developmental disabilities who need |
| 162 | additional or continued services and methods for ensuring that |
| 163 | the additional or continued services are received. |
| 164 | d. A description of the degree to which the council's |
| 165 | objectives and activities are consistent with the goals of this |
| 166 | section. |
| 167 | e. Detailed information on the various programs, services, |
| 168 | and activities available to seniors and adults with |
| 169 | developmental disabilities and the degree to which the programs, |
| 170 | services, and activities have been successfully used by seniors |
| 171 | and adults with developmental disabilities. |
| 172 | f. Information on programs, services, and activities that |
| 173 | should be eliminated; programs, services, and activities that |
| 174 | should be continued; and programs, services, and activities that |
| 175 | should be added to the basic format of the council. |
| 176 | (c) The council shall maintain minutes of each meeting, |
| 177 | including a record of all votes cast, and shall make such |
| 178 | minutes available to any interested person. |
| 179 | (d) Members of the council shall serve without |
| 180 | compensation, but are entitled to receive reimbursement for per |
| 181 | diem and travel expenses consistent with s. 112.061. |
| 182 | (3)(a) The district shall maintain the same fiscal year as |
| 183 | that of the county. |
| 184 | (b) On or before July 1 of each year, the council shall |
| 185 | prepare a tentative annual written budget of the district's |
| 186 | expected income and expenditures, including a contingency fund. |
| 187 | The council shall, in addition, compute a proposed millage rate |
| 188 | within the voter-approved cap necessary to fund the tentative |
| 189 | budget and, prior to adopting a final budget, comply with s. |
| 190 | 200.065, relating to the method of fixing millage, and fix the |
| 191 | final millage rate by resolution of the council. The adopted |
| 192 | budget and final millage rate must be certified and delivered to |
| 193 | the governing body of the county as soon as possible following |
| 194 | the council's adoption of the final budget and millage rate |
| 195 | under chapter 200. Included in each certified budget shall be |
| 196 | the millage rate, adopted by resolution of the council, |
| 197 | necessary to be applied to raise the funds budgeted for district |
| 198 | operations and expenditures. District millage may not exceed 0.5 |
| 199 | mills of assessed valuation of all properties within the county |
| 200 | which are subject to ad valorem county taxes. |
| 201 | (c) After the budget of the district is certified and |
| 202 | delivered to the governing body of the county, the budget may |
| 203 | not be changed or modified by the governing body of the county |
| 204 | or any other authority. |
| 205 | (d) All taxes collected under this section, as soon after |
| 206 | collection as is reasonably practicable, shall be paid directly |
| 207 | to the council by the tax collector of the county or the clerk |
| 208 | of the circuit court, if the clerk collects delinquent taxes. |
| 209 | (e)1. All moneys received by the council shall be |
| 210 | deposited in qualified public depositories, as defined in s. |
| 211 | 280.02, with separate and distinguishable accounts established |
| 212 | specifically for the council and may be withdrawn only by checks |
| 213 | signed by the chair of the council and countersigned by one |
| 214 | other member of the council or by a chief executive officer |
| 215 | authorized by the council. |
| 216 | 2. Upon entering the duties of office, the chair and the |
| 217 | other member of the council or chief executive officer who signs |
| 218 | its 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 |
| 220 | annual budget, which bond shall be conditioned upon the faithful |
| 221 | discharge of the duties of his or her office. The premium on |
| 222 | such bond may be paid by the district as part of the expense of |
| 223 | the council. Other members of the council may not be required to |
| 224 | give bond or other security. |
| 225 | 3. Funds of the district may not be expended except by |
| 226 | check, except expenditures from a petty cash account, which |
| 227 | account may not at any time exceed $100. All expenditures from |
| 228 | petty cash must be recorded on the books and records of the |
| 229 | council. Funds of the council, except expenditures from petty |
| 230 | cash, may not be expended without prior approval of the council, |
| 231 | in addition to the budgeting thereof. |
| 232 | (f) Within 10 days, exclusive of weekends and legal |
| 233 | holidays, after the expiration of each quarter-annual period, |
| 234 | the council shall prepare and file with the governing body of |
| 235 | the county a financial report that includes: |
| 236 | 1. The total expenditures of the council for the quarter- |
| 237 | annual period. |
| 238 | 2. The total receipts of the council during the quarter- |
| 239 | annual period. |
| 240 | 3. A statement of the funds the council has on hand, has |
| 241 | invested, or has deposited with qualified public depositories at |
| 242 | the end of the quarter-annual period. |
| 243 | 4. The total administrative costs of the council for the |
| 244 | quarter-annual period. |
| 245 | (4) Any district created under this section may be |
| 246 | dissolved by a special act of the Legislature, or the county |
| 247 | governing body may by ordinance dissolve the district subject to |
| 248 | the approval of the electorate. If any district is dissolved |
| 249 | under this subsection, each county shall first obligate itself |
| 250 | to assume the debts, liabilities, contracts, and outstanding |
| 251 | obligations of the district within the total millage available |
| 252 | to the county governing body for all county and municipal |
| 253 | purposes as provided for under section 9, Article VII of the |
| 254 | State Constitution. Any district may also be dissolved under s. |
| 255 | 189.4042. |
| 256 | (5) After or during the first year of operation of the |
| 257 | council, the governing body of the county, at its option, may |
| 258 | fund in whole or in part the budget of the council from its own |
| 259 | funds. |
| 260 | (6) Any district created under this section shall comply |
| 261 | with all other statutory requirements of general application |
| 262 | which relate to the filing of any financial reports or |
| 263 | compliance reports required under part III of chapter 218, or |
| 264 | any other report or documentation required by law, including the |
| 265 | requirements of ss. 189.415, 189.417, and 189.418. |
| 266 | (7)(a) Each county may by ordinance create a dependent |
| 267 | special district within the boundaries of the county for the |
| 268 | purpose of providing preventive, developmental, treatment, and |
| 269 | rehabilitative services for seniors and adults with |
| 270 | developmental disabilities. The district may seek grants from |
| 271 | state, federal, and local agencies and accept donations from |
| 272 | public and private sources if the district complies with |
| 273 | paragraphs (1)(a) and (2)(b) and has a budget that requires |
| 274 | approval through an affirmative vote of the governing body of |
| 275 | the county or that may be vetoed by the governing body of the |
| 276 | county. |
| 277 | (b) If the provisions of a county charter relating to the |
| 278 | membership of the governing board of a dependent special |
| 279 | district conflict with paragraph (1)(a), a county may by |
| 280 | ordinance create a dependent special district within the |
| 281 | boundaries of the county for the purpose of providing |
| 282 | preventive, developmental, treatment, and rehabilitative |
| 283 | services for seniors and adults with developmental disabilities, |
| 284 | and the district may seek grants from state, federal, and local |
| 285 | agencies and accept donations from public and private sources if |
| 286 | the district complies with paragraph (2)(b) and has a budget |
| 287 | that requires approval through an affirmative vote of the |
| 288 | governing body of the county or that may be vetoed by the |
| 289 | governing body of the county. |
| 290 | (8) It is the intent of the Legislature that the funds |
| 291 | collected under this section be used to support improvements in |
| 292 | services for seniors and adults with developmental disabilities |
| 293 | and that such funds not be used as a substitute for existing |
| 294 | resources or for resources that would otherwise be available for |
| 295 | services for seniors and adults with developmental disabilities. |
| 296 | (9) Two or more councils may enter into a cooperative |
| 297 | agreement to share administrative costs, including, but not |
| 298 | limited to, staff and office space, if a more efficient or |
| 299 | effective operation will result. The cooperative agreement must |
| 300 | include provisions on apportioning costs between the councils, |
| 301 | keeping separate and distinct financial records for each |
| 302 | council, and resolving any conflicts that might arise under the |
| 303 | cooperative agreement. |
| 304 | (10) Two or more councils may enter into a cooperative |
| 305 | agreement to seek grants, accept donations, or jointly fund |
| 306 | programs serving multicounty areas. The cooperative agreement |
| 307 | must include provisions for the adequate accounting of separate |
| 308 | and joint funds. |
| 309 | (11) Councils or districts shall not require any public or |
| 310 | private service provider to provide additional matching funds as |
| 311 | a condition of the council or district providing services or |
| 312 | programs to seniors and adults with developmental disabilities. |
| 313 | Section 9. Part V of chapter 125, Florida Statutes, |
| 314 | consisting of sections 125.901, 125.902, and 125.903, Florida |
| 315 | Statutes, and entitled "Children's Services," is renamed as |
| 316 | "Human Services." |
| 317 | Section 10. Paragraph (b) of subsection (4) of section |
| 318 | 189.404, Florida Statutes, is amended to read: |
| 319 | 189.404 Legislative intent for the creation of independent |
| 320 | special districts; special act prohibitions; model elements and |
| 321 | other requirements; general-purpose local government/Governor |
| 322 | and Cabinet creation authorizations.-- |
| 323 | (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION |
| 324 | AUTHORIZATIONS.--Except as otherwise authorized by general law, |
| 325 | only the Legislature may create independent special districts. |
| 326 | (b) A county may create an independent special district |
| 327 | which shall be adopted by a charter in accordance with s. |
| 328 | 125.901, s. 125.903, or s. 154.331 or chapter 155, or which |
| 329 | shall be established by ordinance in accordance with s. 190.005, |
| 330 | or as otherwise authorized by general law. |
| 331 |
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| 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 |
|
| 335 | insert: |
| 336 | amending ss. 125.0167 and 201.031, F.S.; authorizing |
| 337 | certain counties operating under a home rule charter to |
| 338 | levy the discretionary surtax for purposes of establishing |
| 339 | and funding a Housing Assistance Loan Trust Fund to assist |
| 340 | in providing housing for low-income and moderate-income |
| 341 | families; prohibiting certain counties from levying the |
| 342 | surtax unless approved by a majority of the electors of |
| 343 | the county voting in a referendum; providing requirements |
| 344 | for holding a referendum; providing for the future repeal |
| 345 | of ss. 125.0167 and 201.031, F.S., relating to the surtax |
| 346 | on documents for purposes of funding housing assistance; |
| 347 | amending s. 201.0205, F.S.; deleting references to ch. 83- |
| 348 | 220, Laws of Florida, to conform; updating cross |
| 349 | references; repealing s. 3 of ch. 83-220, Laws of Florida, |
| 350 | as amended, relating to the former repeal date established |
| 351 | for the discretionary surtax on documents; creating s. |
| 352 | 125.903, F.S.; authorizing Broward county to create an |
| 353 | independent special district to provide funding for |
| 354 | services for seniors and adults with developmental |
| 355 | disabilities; requiring a district charter; requiring |
| 356 | approval by a majority vote of electors to annually levy |
| 357 | ad valorem taxes not to exceed a certain maximum; |
| 358 | requiring a referendum; creating a governing board for the |
| 359 | special district; specifying criteria for membership to |
| 360 | the governing board; providing terms of office; clarifying |
| 361 | that a county may provide services for seniors and adults |
| 362 | with developmental disabilities or create a special |
| 363 | district to provide such services by general or special |
| 364 | law; specifying the powers and functions of a council on |
| 365 | services for seniors and adults with developmental |
| 366 | disabilities; requiring each council to appoint a chair |
| 367 | and a vice chair and elect officers, to identify and |
| 368 | assess the needs of the seniors and adults with |
| 369 | developmental disabilities in the county served by the |
| 370 | council, to provide training and orientation to new |
| 371 | members of the council, to make and adopt bylaws and rules |
| 372 | for the council's operation and governance, and to provide |
| 373 | an annual written report to the governing body of the |
| 374 | county; requiring the council to maintain minutes of each |
| 375 | meeting and to serve without compensation; requiring the |
| 376 | council to prepare a tentative annual budget and to |
| 377 | compute a millage rate to fund the tentative budget; |
| 378 | requiring that all tax moneys collected be paid directly |
| 379 | to the council on services for seniors and adults with |
| 380 | developmental disabilities by the tax collector of the |
| 381 | county and deposited in qualified public depositories; |
| 382 | specifying expenditures of funds; requiring the council to |
| 383 | prepare and file a financial report with the governing |
| 384 | body of the county; providing that a district may be |
| 385 | dissolved by a special act of the Legislature or by |
| 386 | ordinance by the governing body of the county; specifying |
| 387 | obligations of the county if a district is dissolved; |
| 388 | authorizing the governing body of a county to fund the |
| 389 | budget of the council on services for seniors and adults |
| 390 | with developmental disabilities from its own funds after |
| 391 | or during the council's first year of operation; requiring |
| 392 | a special district to comply with statutory requirements |
| 393 | related to the filing of a financial or compliance report; |
| 394 | authorizing a county to create a dependent special |
| 395 | district to provide certain services for seniors and |
| 396 | adults with developmental disabilities; authorizing the |
| 397 | district to seek grants and accept donations from public |
| 398 | and private sources; providing legislative intent with |
| 399 | respect to the use of funds collected by a council on |
| 400 | services for seniors and adults with developmental |
| 401 | disabilities; providing that two or more councils on |
| 402 | services for seniors and adults with developmental |
| 403 | disabilities may enter into a cooperative agreement to |
| 404 | share administrative costs, staff, and office space and |
| 405 | seek grants, accept donations, or jointly fund programs |
| 406 | serving multicounty areas; prohibiting councils or |
| 407 | districts from requiring matching funds from certain |
| 408 | service providers as a condition to provision of services |
| 409 | by the council or district; renaming part V of chapter |
| 410 | 125, F.S.; amending s. 189.404, F.S.; revising county |
| 411 | authority to create an independent special district to |
| 412 | include a reference to s. 125.903, F.S.; |