HB 343

1
A bill to be entitled
2An act relating to services for seniors; creating s.
3125.903, F.S.; authorizing each county to create an
4independent special district to provide funding for
5services for seniors; requiring a district charter;
6requiring approval by a majority vote of electors to
7annually levy ad valorem taxes not to exceed a certain
8maximum; requiring a referendum; creating a governing body
9for the special district; specifying criteria for
10membership to the governing body; providing terms of
11office; clarifying that a county may provide services for
12seniors or create a special district to provide such
13services by general or special law; specifying the powers
14and functions of a senior council on services for seniors;
15requiring each senior council to appoint a chair and a
16vice chair and elect officers, to identify and assess the
17needs of the seniors in the county served by the senior
18council, to provide training and orientation to new
19members of the senior council, to make and adopt bylaws
20and rules for the senior council's operation and
21governance, and to provide an annual written report to the
22governing body of the county; requiring the senior council
23to maintain minutes of each meeting and to serve without
24compensation; requiring the senior council to prepare a
25tentative annual budget and to compute a millage rate to
26fund the tentative budget; requiring that all tax moneys
27collected be paid directly to the senior council by the
28tax collector of the county and deposited in qualified
29public depositories; specifying expenditures of funds;
30requiring the senior council to prepare and file a
31financial report with the governing body of the county;
32providing that a district may be dissolved by a special
33act of the Legislature or by ordinance by the governing
34body of the county; specifying obligations of the county
35if a district is dissolved; authorizing the governing body
36of a county to fund the budget of the senior council from
37its own funds after or during the senior council's first
38year of operation; requiring a special district to comply
39with statutory requirements related to the filing of a
40financial or compliance report; authorizing a county to
41create a dependent special district to provide certain
42services for seniors; authorizing the district to seek
43grants and accept donations from public and private
44sources; providing legislative intent with respect to the
45use of funds collected by a senior council; providing that
46two or more senior councils may enter into a cooperative
47agreement to share administrative costs, staff, and office
48space and seek grants, accept donations, or jointly fund
49programs serving multicounty areas; prohibiting senior
50councils or districts from requiring matching funds from
51certain service providers as a condition to provision of
52services by the senior council or district; renaming part
53V of chapter 125, F.S.; amending s. 189.404, F.S.;
54revising county authority to create an independent special
55district to include a reference to s. 125.903, F.S.;
56providing an effective date.
57
58Be It Enacted by the Legislature of the State of Florida:
59
60     Section 1.  Section 125.903, Florida Statutes, is created
61to read:
62     125.903  Services for seniors; independent special
63district; senior council; powers, duties, and functions.--
64     (1)  Each county may by ordinance create an independent
65special district, as defined in ss. 189.403(3) and
66200.001(8)(e), to provide funding for services for seniors
67throughout the county in accordance with this section. Such
68ordinance shall create a district charter that addresses and
69contains the minimum requirements required by s. 189.404(3). The
70boundaries of such district must be coterminous with the
71boundaries of the county. The county governing body shall obtain
72approval, by a majority vote of those electors voting on the
73question, to annually levy ad valorem taxes that may not exceed
74the maximum millage rate authorized by this section. Such
75approval shall be obtained by submitting the question to a
76referendum of the qualified electors in the county. The
77referendum shall be held in conjunction with the next regularly
78scheduled general election, in accordance with ss. 100.342 and
79100.351. A district created under this subsection shall levy and
80fix millage as provided in s. 200.065. Once the millage is
81approved by the electorate, the district is not required to seek
82approval of the electorate in future years to levy the
83previously approved millage. For purposes of this section, the
84term "senior" means a person who is at least 60 years of age.
85     (a)  The governing body of the district shall be a senior
86council. The senior council shall consist of 11 members,
87consisting of the executive director of the area agency on aging
88or his or her designee who is a director of senior programs; the
89county director of human services or his or her designee who is
90a director of elderly services; one member of the board of
91county commissioners; two nonvoting members of the legislative
92delegation for the county appointed by the delegation chair; two
93representatives of the Florida League of Cities, and four
94members appointed by the Governor. The executive director of the
95area agency on aging and his or her designee and the county
96director of human services and his or her designee are permanent
97positions. The members appointed from the county commission, the
98legislative delegation, and the Florida League of Cities shall
99be appointed to 2-year terms each. The four members appointed by
100the Governor shall represent, to the greatest extent possible,
101the cultural diversity of the county's population. At least one
102of the gubernatorial designees must be an individual who is a
103caretaker for an elderly person and is 60 years of age or older.
104Recommendations for these memberships shall be provided by the
105county governing body. Three names shall be submitted for each
106vacancy, determined by category. The gubernatorial appointees
107shall be appointed to 4-year terms and may be reappointed for
108one additional term of office. The Governor shall make a
109selection within a 45-day period or request a new list of
110candidates. All members appointed by the Governor must have been
111residents of the county for the previous 24-month period. The
112length of the terms of the initial appointees shall be adjusted
113to stagger the terms. The Governor may remove a member for cause
114or upon the written petition of the county governing body. If
115any of the members of the senior council required to be
116appointed by the Governor resigns, dies, or is removed from
117office, the vacancy shall be filled by appointment by the
118Governor, using the same method as the original appointment, and
119such appointment to fill a vacancy shall be for the unexpired
120term of the member who resigns, dies, or is removed from office.
121     (b)  This subsection does not prohibit a county from
122exercising the power authorized by general or special law to
123provide services for seniors or to create a special district to
124provide those services.
125     (2)(a)  Each senior council may:
126     1.  Provide and maintain in the county the preventive,
127treatment, and rehabilitative services for seniors which the
128senior council determines are needed for the general welfare of
129seniors in the county.
130     2.  Provide any other services which the senior council
131determines are needed for the general welfare of seniors in the
132county.
133     3.  Allocate and provide funds for other agencies in the
134county which are operated for the benefit of seniors.
135     4.  Collect information and statistical data and conduct
136research and assessments that will be helpful to the senior
137council and the county in deciding the needs of seniors in the
138county.
139     5.  Consult and coordinate with other agencies dedicated to
140the welfare of seniors to the end that the overlapping of
141services will be prevented.
142     6.  Lease or buy real estate, equipment, and personal
143property and construct buildings as needed to execute the
144foregoing powers and functions, except that such purchases may
145not be made or building done unless paid for with cash on hand
146or secured by funds deposited in financial institutions. This
147subparagraph does not authorize a district to issue bonds of any
148nature, and a district does not have the power to require the
149imposition of any bond by the governing body of the county.
150     7.  Employ, pay, and provide benefits for any part-time or
151full-time personnel needed to execute the foregoing powers and
152functions.
153     (b)  Each senior council shall:
154     1.  Immediately after the members are appointed, elect a
155chair and a vice chair from among its members and elect other
156officers as deemed necessary by the senior council.
157     2.  Immediately after the members are appointed and
158officers are elected, identify and assess the needs of seniors
159in the county served by the senior council and submit to the
160governing body of each county a written description of:
161     a.  The activities, services, and opportunities that will
162be provided to seniors.
163     b.  The anticipated schedule for providing those
164activities, services, and opportunities.
165     c.  The manner in which seniors will be served, including a
166description of arrangements and agreements that will be made
167with community organizations, state and local educational
168agencies, federal agencies, public assistance agencies, the
169court system, guardianship groups, and other applicable public
170and private agencies and organizations.
171     d.  The special outreach efforts that will be undertaken to
172provide services to seniors who are at-risk, abused, or
173neglected and ailing.
174     e.  The manner in which the senior council will seek and
175provide funding for unmet needs.
176     f.  The strategy that will be used for interagency
177coordination to maximize existing human and fiscal resources.
178     3.  Provide training and orientation to all new members
179sufficient to allow them to perform their duties.
180     4.  Make and adopt bylaws and rules for the senior
181council's guidance, operation, governance, and maintenance, if
182such rules are not inconsistent with federal or state laws or
183county ordinances.
184     5.  Provide an annual written report, to be presented no
185later than January 1, to the governing body of the county. The
186annual report must contain, but need not be limited to:
187     a.  Information on the effectiveness of activities,
188services, and programs offered by the senior council, including
189cost-effectiveness.
190     b.  A detailed anticipated budget for continuation of
191activities, services, and programs offered by the senior council
192and a list of all sources of requested funding, both public and
193private.
194     c.  Procedures used for early identification of at-risk
195seniors who need additional or continued services and methods
196for ensuring that the additional or continued services are
197received.
198     d.  A description of the degree to which the senior
199council's objectives and activities are consistent with the
200goals of this section.
201     e.  Detailed information on the various programs, services,
202and activities available to seniors and the degree to which the
203programs, services, and activities have been successfully used
204by seniors.
205     f.  Information on programs, services, and activities that
206should be eliminated; programs, services, and activities that
207should be continued; and programs, services, and activities that
208should be added to the basic format of the senior council.
209     (c)  The senior council shall maintain minutes of each
210meeting, including a record of all votes cast, and shall make
211such minutes available to any interested person.
212     (d)  Members of the senior council shall serve without
213compensation but are entitled to receive reimbursement for per
214diem and travel expenses consistent with s. 112.061.
215     (3)(a)  The district shall maintain the same fiscal year as
216that of the county.
217     (b)  On or before July 1 of each year, the senior council
218shall prepare a tentative annual written budget of the
219district's expected income and expenditures, including a
220contingency fund. The senior council shall, in addition, compute
221a proposed millage rate within the voter-approved cap necessary
222to fund the tentative budget and, prior to adopting a final
223budget, comply with s. 200.065, relating to the method of fixing
224millage, and fix the final millage rate by resolution of the
225council. The adopted budget and final millage rate must be
226certified and delivered to the governing body of the county as
227soon as possible following the senior council's adoption of the
228final budget and millage rate under chapter 200. Included in
229each certified budget shall be the millage rate, adopted by
230resolution of the senior council, necessary to be applied to
231raise the funds budgeted for district operations and
232expenditures. District millage may not exceed 0.5 mills of
233assessed valuation of all properties within the county that are
234subject to ad valorem county taxes.
235     (c)  After the budget of the district is certified and
236delivered to the governing body of the county, the budget may
237not be changed or modified by the governing body of the county
238or any other authority.
239     (d)  All taxes collected under this section, as soon after
240collection as is reasonably practicable, shall be paid directly
241to the senior council by the tax collector of the county or the
242clerk of the circuit court, if the clerk collects delinquent
243taxes.
244     (e)1.  All moneys received by the senior council shall be
245deposited in qualified public depositories, as defined in s.
246280.02, with separate and distinguishable accounts established
247specifically for the senior council and may be withdrawn only by
248checks signed by the chair of the senior council and
249countersigned by one other member of the senior council or by a
250chief executive officer authorized by the senior council.
251     2.  Upon entering the duties of office, the chair and the
252other member of the senior council or chief executive officer
253who signs its checks shall each give a surety bond in the sum of
254at least $1,000 for each $1 million or fraction thereof of the
255senior council's annual budget, which bond shall be conditioned
256upon the faithful discharge of the duties of his or her office.
257The premium on such bond may be paid by the district as part of
258the expense of the senior council. Other members of the senior
259council may not be required to give bond or other security.
260     3.  Funds of the district may only be expended by check,
261except expenditures from a petty cash account, which account may
262not at any time exceed $100. All expenditures from petty cash
263must be recorded on the books and records of the senior council.
264Funds of the senior council, except expenditures from petty
265cash, may not be expended without prior approval of the senior
266council, in addition to the budgeting thereof.
267     (f)  Within 10 days, exclusive of weekends and legal
268holidays, after the expiration of each quarter-annual period,
269the senior council shall prepare and file with the governing
270body of the county a financial report that includes:
271     1.  The total expenditures of the senior council for the
272quarter-annual period.
273     2.  The total receipts of the senior council during the
274quarter-annual period.
275     3.  A statement of the funds the senior council has on
276hand, has invested, or has deposited with qualified public
277depositories at the end of the quarter-annual period.
278     4.  The total administrative costs of the senior council
279for the quarter-annual period.
280     (4)  Any district created under this section may be
281dissolved by a special act of the Legislature, or the county
282governing body may by ordinance dissolve the district subject to
283the approval of the electorate. If any district is dissolved
284under this subsection, each county shall first obligate itself
285to assume the debts, liabilities, contracts, and outstanding
286obligations of the district within the total millage available
287to the county governing body for all county and municipal
288purposes as provided for under section 9, Article VII of the
289State Constitution. Any district may also be dissolved under s.
290189.4042.
291     (5)  After or during the first year of operation of the
292senior council, the governing body of the county, at its option,
293may fund in whole or in part the budget of the senior council
294from its own funds.
295     (6)  Any district created under this section shall comply
296with all other statutory requirements of general application
297that relate to the filing of any financial reports or compliance
298reports required under part III of chapter 218, or any other
299report or documentation required by law, including the
300requirements of ss. 189.415, 189.417, and 189.418.
301     (7)(a)  Each county may by ordinance create a dependent
302special district within the boundaries of the county for the
303purpose of providing preventive, developmental, treatment, and
304rehabilitative services for seniors. The district may seek
305grants from state, federal, and local agencies and accept
306donations from public and private sources if the district
307complies with paragraphs (1)(a) and (2)(b) and has a budget that
308requires approval through an affirmative vote of the governing
309body of the county or that may be vetoed by the governing body
310of the county.
311     (b)  If the provisions of a county charter relating to the
312membership of the governing board of a dependent special
313district conflict with paragraph (1)(a), a county may by
314ordinance create a dependent special district within the
315boundaries of the county for the purpose of providing
316preventive, developmental, treatment, and rehabilitative
317services for seniors, and the district may seek grants from
318state, federal, and local agencies and accept donations from
319public and private sources if the district complies with
320paragraph (2)(b) and has a budget that requires approval through
321an affirmative vote of the governing body of the county or that
322may be vetoed by the governing body of the county.
323     (8)  It is the intent of the Legislature that the funds
324collected under this section be used to support improvements in
325services for seniors and that such funds not be used as a
326substitute for existing resources or for resources that would
327otherwise be available for services for seniors.
328     (9)  Two or more senior councils may enter into a
329cooperative agreement to share administrative costs, including,
330but not limited to, staff and office space, if a more efficient
331or effective operation will result. The cooperative agreement
332must include provisions on apportioning costs between the senior
333councils, keeping separate and distinct financial records for
334each senior council, and resolving any conflicts that might
335arise under the cooperative agreement.
336     (10)  Two or more senior councils may enter into a
337cooperative agreement to seek grants, accept donations, or
338jointly fund programs serving multicounty areas. The cooperative
339agreement must include provisions for the adequate accounting of
340separate and joint funds.
341     (11)  Senior councils or districts shall not require any
342public or private service provider to provide additional
343matching funds as a condition of the senior council's or
344district's providing services or programs to seniors.
345     Section 2.  Part V of chapter 125, Florida Statutes,
346consisting of sections 125.901, 125.902, and 125.903, Florida
347Statutes, and entitled "Children's Services," is renamed as
348"Human Services."
349     Section 3.  Paragraph (b) of subsection (4) of section
350189.404, Florida Statutes, is amended to read:
351     189.404  Legislative intent for the creation of independent
352special districts; special act prohibitions; model elements and
353other requirements; general-purpose local government/Governor
354and Cabinet creation authorizations.--
355     (4)  LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION
356AUTHORIZATIONS.--Except as otherwise authorized by general law,
357only the Legislature may create independent special districts.
358     (b)  A county may create an independent special district
359which shall be adopted by a charter in accordance with s.
360125.901, s. 125.903, or s. 154.331 or chapter 155, or which
361shall be established by ordinance in accordance with s. 190.005,
362or as otherwise authorized by general law.
363     Section 4.  This act shall take effect upon becoming a law.


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