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 |
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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.; |