| 1 | A bill to be entitled |
| 2 | An act relating to senior services; providing definitions; |
| 3 | authorizing each county to create an independent special |
| 4 | district by ordinance to provide funding for services for |
| 5 | seniors; requiring approval by a majority vote of electors |
| 6 | to annually levy ad valorem taxes; requiring the district |
| 7 | to comply with statutory requirements related to the |
| 8 | filing of financial or compliance reports; providing for |
| 9 | the dissolution of the district; creating a governing |
| 10 | council for the district; specifying criteria for |
| 11 | membership to the council; providing terms of office; |
| 12 | requiring the council to serve without compensation; |
| 13 | specifying the powers and functions of the council; |
| 14 | requiring the council to appoint a chair and vice chair |
| 15 | and elect other officers, identify and assess the needs of |
| 16 | seniors, provide training and orientation to new members |
| 17 | of the council, make and adopt bylaws and rules for the |
| 18 | council's operation and governance, and provide an annual |
| 19 | report to the county governing body; requiring the council |
| 20 | to maintain minutes of each meeting; authorizing two or |
| 21 | more councils to enter into cooperative agreements; |
| 22 | requiring the council to prepare a tentative annual budget |
| 23 | and to compute a millage rate to fund the tentative |
| 24 | budget; requiring that all tax moneys collected be paid |
| 25 | directly to the council by the county tax collector and be |
| 26 | deposited in qualified public depositories; specifying |
| 27 | expenditures of funds; requiring the council to prepare |
| 28 | and file quarterly financial reports to the county |
| 29 | governing body; authorizing the county governing body to |
| 30 | fund the budget of the council from its own funds after or |
| 31 | during the council's first year of operation; prohibiting |
| 32 | the council from requiring certain matching funds; |
| 33 | providing legislative intent with respect to the use of |
| 34 | funds collected by the council; providing a directive to |
| 35 | the Division of Statutory Revision; providing an effective |
| 36 | date. |
| 37 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
|
| 40 | Section 1. Services for seniors; independent special |
| 41 | district; council; powers, duties, and functions.-- |
| 42 | (1) DEFINITIONS.--As used in this section, the term |
| 43 | "senior" means a person who is at least 60 years of age. |
| 44 | (2) SPECIAL DISTRICT.--Each county may create by ordinance |
| 45 | an independent special district, as defined in ss. 189.403 and |
| 46 | 200.001, Florida Statutes, to provide countywide funding for |
| 47 | senior services. |
| 48 | (a) The boundaries of such district must be coterminous |
| 49 | with the boundaries of the county. |
| 50 | (b) The county governing body must obtain approval, by a |
| 51 | majority vote of electors voting on the question, to annually |
| 52 | levy ad valorem taxes within the maximum millage rate authorized |
| 53 | by this section. A district created pursuant to this section |
| 54 | shall levy and fix millage as provided in s. 200.065, Florida |
| 55 | Statutes. Once the millage is approved, the district need not |
| 56 | seek the electorate's approval to levy the approved millage in |
| 57 | future years. |
| 58 | (c) A district shall maintain the same fiscal year as the |
| 59 | county. |
| 60 | (d) A district shall comply with all other statutory |
| 61 | requirements of general application that relate to the filing of |
| 62 | any financial or compliance reports required under part III of |
| 63 | chapter 218, Florida Statutes, or any other report or |
| 64 | documentation required by law, including the requirements of ss. |
| 65 | 189.415, 189.417, and 189.418, Florida Statutes. |
| 66 | (e) A district may be dissolved by a special act of the |
| 67 | Legislature, or the county governing body may by ordinance |
| 68 | dissolve the district subject to the approval of the electorate. |
| 69 | A district may also be dissolved pursuant to s. 189.4042, |
| 70 | Florida Statutes. If a district is dissolved, the county must |
| 71 | first obligate itself to assume the debts, liabilities, |
| 72 | contracts, and outstanding obligations of the district within |
| 73 | the total millage available to the county for all county and |
| 74 | municipal purposes as provided under s. 9, Art. VII of the State |
| 75 | Constitution. |
| 76 | (f) This section does not prohibit a county from |
| 77 | exercising such power as is provided by general or special law |
| 78 | to provide or fund services for seniors. |
| 79 | (3) COUNCIL MEMBERSHIP.-- |
| 80 | (a) The district shall be governed by a 9-member council |
| 81 | consisting of: |
| 82 | 1. Two permanent positions representing: |
| 83 | a. The executive director of the area agency on aging or a |
| 84 | designee who is a director of senior programs in the county. |
| 85 | b. The county director of social services or a designee |
| 86 | who is a director of elderly services. |
| 87 | 2. Three members each appointed for 2-year terms |
| 88 | representing: |
| 89 | a. The county governing body. |
| 90 | b. The county's legislative delegation appointed by the |
| 91 | delegation chair, who is a nonvoting member. |
| 92 | c. The League of Cities in the county. |
| 93 | 3. Four members appointed by the Governor and |
| 94 | representing, to the greatest extent possible, the cultural |
| 95 | diversity of the county's population, of which at least one |
| 96 | member is 60 years of age or older. All members appointed by the |
| 97 | Governor must have been county residents during the previous 24 |
| 98 | months. |
| 99 | a. Three names shall be submitted to the Governor by the |
| 100 | county governing body for each vacancy. The Governor shall make |
| 101 | a selection within 45 days after receipt or request a new list |
| 102 | of candidates. |
| 103 | b. The appointees shall each be appointed to 4-year terms |
| 104 | and may be reappointed for one additional term of office. The |
| 105 | length of the terms of the initial appointees shall be adjusted |
| 106 | to stagger the terms. |
| 107 | c. The Governor may remove a member for cause or upon the |
| 108 | written petition of the county governing body. If any council |
| 109 | member appointed by the Governor resigns, dies, or is removed |
| 110 | from office, the vacancy shall be filled by appointment by the |
| 111 | Governor, using the same method as the original appointment, and |
| 112 | such appointment shall be for the unexpired term of the member |
| 113 | who resigns, dies, or is removed from office. |
| 114 | (b) Members of the council shall serve without |
| 115 | compensation, but are entitled to receive reimbursement for per |
| 116 | diem and travel expenses consistent with s. 112.061, Florida |
| 117 | Statutes. |
| 118 | (4) COUNCIL DUTIES.-- |
| 119 | (a) The council shall: |
| 120 | 1. Immediately after the members are appointed, elect a |
| 121 | chair and vice chair from among its members and elect other |
| 122 | officers as deemed necessary by the council. |
| 123 | 2. Immediately after the members are appointed and |
| 124 | officers are elected, identify and assess the needs of seniors |
| 125 | within the county and submit a written report to the county |
| 126 | governing body which describes: |
| 127 | a. The activities, services, and opportunities that will |
| 128 | be provided to seniors. |
| 129 | b. The manner in which seniors 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 | c. The anticipated schedule for providing those |
| 136 | activities, services, and opportunities. |
| 137 | d. The special outreach efforts that will be undertaken to |
| 138 | provide services to seniors who are at risk, abused, or |
| 139 | neglected, or who are ailing. |
| 140 | e. The manner in which the council will seek and obtain |
| 141 | funding for unmet needs. |
| 142 | f. The strategy for interagency coordination in order to |
| 143 | maximize existing human and fiscal resources. |
| 144 | 3. Provide training and orientation to all new members to |
| 145 | allow them to perform their duties. |
| 146 | 4. Make and adopt bylaws and rules for the council's |
| 147 | guidance, operation, governance, and maintenance which are |
| 148 | consistent with applicable 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 county governing body. At a |
| 152 | minimum, the annual report must include: |
| 153 | a. Information on the effectiveness of activities, |
| 154 | services, and programs offered by the district, including cost- |
| 155 | effectiveness. |
| 156 | b. A detailed anticipated budget for the continuation of |
| 157 | activities, services, and programs offered by the district and a |
| 158 | list of all sources of requested funding, both public and |
| 159 | private. |
| 160 | c. Procedures used for the early identification of at-risk |
| 161 | seniors who need additional or continued services and methods |
| 162 | for ensuring that the additional or continued services are |
| 163 | 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. |
| 169 | f. Information on programs, services, and activities that |
| 170 | should be eliminated; programs, services, and activities that |
| 171 | should be continued; and programs, services, and activities that |
| 172 | should be added to the basic format of the council. |
| 173 | (b) The council may: |
| 174 | 1. Provide and maintain in the county the preventive, |
| 175 | developmental, treatment, and rehabilitative services for |
| 176 | seniors which the council determines are needed for the general |
| 177 | welfare of such persons. |
| 178 | 2. Provide any other services that the council determines |
| 179 | are needed for the general welfare of seniors in the county. |
| 180 | 3. Allocate and provide funds to other county agencies |
| 181 | that operate for the benefit of seniors. |
| 182 | 4. Collect information and statistical data and conduct |
| 183 | research and assessments that are helpful to the council and the |
| 184 | county in determining the needs of seniors in the county. |
| 185 | 5. Consult and coordinate with other agencies dedicated to |
| 186 | the welfare of seniors in order to prevent the duplication of |
| 187 | services. |
| 188 | 6. Seek grants from state, federal, and local agencies and |
| 189 | accept donations from public and private sources. |
| 190 | 7. Lease or buy real estate, equipment, and personal |
| 191 | property and construct buildings as needed to carry out the |
| 192 | powers, functions, and duties of the district, except that such |
| 193 | purchases may not be made or buildings constructed unless paid |
| 194 | for with cash on hand or secured by funds deposited in a |
| 195 | financial institution. This subparagraph does not authorize a |
| 196 | district to issue bonds of any nature, and a district may not |
| 197 | require the imposition of a bond by the county governing body. |
| 198 | 8. Employ, pay, and provide benefits for any part-time or |
| 199 | full-time personnel needed to carry out the powers, functions, |
| 200 | and duties of the district. |
| 201 | (c) The council shall maintain minutes of each meeting, |
| 202 | including a record of all votes cast, and shall make such |
| 203 | minutes available to any interested person. |
| 204 | (d) Two or more councils may enter into a cooperative |
| 205 | agreement to: |
| 206 | 1. Share administrative costs, including staff and office |
| 207 | space, if a more efficient or effective operation will result. |
| 208 | The cooperative agreement must include provisions for |
| 209 | apportioning costs between the councils, keeping separate and |
| 210 | distinct financial records for each council, and resolving any |
| 211 | conflicts that might arise under the agreement. |
| 212 | 2. Seek grants, accept donations, or jointly fund programs |
| 213 | serving multicounty areas. The cooperative agreement must |
| 214 | include provisions for the adequate accounting of separate and |
| 215 | joint funds. |
| 216 | (5) COUNCIL BUDGET.-- |
| 217 | (a) On or before July 1 of each year, the council shall |
| 218 | prepare a tentative annual written budget of the district's |
| 219 | expected income and expenditures, including a contingency fund. |
| 220 | In addition, the council shall compute a proposed millage rate |
| 221 | within the voter-approved cap necessary to fund the tentative |
| 222 | budget and, prior to adopting a final budget, comply with s. |
| 223 | 200.065, Florida Statutes, relating to the method of fixing |
| 224 | millage, and fix the final millage rate by resolution of the |
| 225 | council. The adopted budget and final millage rate must be |
| 226 | certified and delivered to the county governing body as soon as |
| 227 | possible following the council's adoption of the final budget |
| 228 | and millage rate under chapter 200, Florida Statutes. The |
| 229 | adopted millage rate necessary to raise the funds budgeted for |
| 230 | district operations and expenditures must be included in each |
| 231 | certified budget. District millage may not exceed 0.5 mills of |
| 232 | assessed valuation of all properties within the county that are |
| 233 | subject to ad valorem county taxes. |
| 234 | (b) After the budget of the district is certified and |
| 235 | delivered to the county governing body, the budget may not be |
| 236 | changed or modified by the governing body or any other |
| 237 | authority. |
| 238 | (c) As soon after collection as is reasonably practicable, |
| 239 | all taxes collected under this section shall be paid directly to |
| 240 | the council by the county's revenue-collection entity. |
| 241 | (d) All moneys received by the council must be deposited |
| 242 | in qualified public depositories, as defined in s. 280.02, |
| 243 | Florida Statutes, with separate and distinguishable accounts |
| 244 | established specifically for the council, and may be withdrawn |
| 245 | only by checks signed by the chair of the council and |
| 246 | countersigned by one other member of the council or by a chief |
| 247 | executive officer authorized by the council. |
| 248 | 1. Upon taking office, the chair and the other member of |
| 249 | the council or the chief executive officer authorized to sign |
| 250 | checks shall each file a surety bond in the sum of at least |
| 251 | $1,000 for each $1 million, or portion thereof, of the council's |
| 252 | annual budget, which shall be conditioned upon the faithful |
| 253 | discharge of the duties of his or her office. The premium on |
| 254 | such bond may be paid by the district as part of the expenses of |
| 255 | the council. Other members of the council are not required to |
| 256 | give bond or other security. |
| 257 | 2. Funds of the district may be expended only by check, |
| 258 | except expenditures from a petty cash account that may not |
| 259 | exceed $100. All expenditures from petty cash must be recorded |
| 260 | on the books and records of the council. Funds of the council, |
| 261 | except expenditures from petty cash, may be expended only after |
| 262 | prior approval of the council, in addition to the budgeting |
| 263 | thereof. |
| 264 | (e) After the expiration of each annual quarter, within 10 |
| 265 | business days, the council shall prepare and file with the |
| 266 | county governing body a financial report that includes: |
| 267 | 1. The council's total expenditures for the quarter. |
| 268 | 2. The council's total receipts during the quarter. |
| 269 | 3. A statement of the funds the council has on hand, has |
| 270 | invested, or has deposited with qualified public depositories at |
| 271 | the end of the quarter. |
| 272 | 4. The council's total administrative costs for the |
| 273 | quarter. |
| 274 | (f) After or during the first year of operation of the |
| 275 | council, the county governing body may fund in whole or in part |
| 276 | the council's budget from its own funds. |
| 277 | (g) The council may not require any public or private |
| 278 | service provider to provide additional matching funds as a |
| 279 | condition of the council's or district's providing services or |
| 280 | programs to seniors. |
| 281 | (h) It is the intent of the Legislature that the funds |
| 282 | collected pursuant to this section be used to support |
| 283 | improvements in services for seniors and that such funds not be |
| 284 | used as a substitute for existing resources or for resources |
| 285 | that would otherwise be available for such services. |
| 286 | Section 2. The Division of Statutory Revision is directed |
| 287 | to place this section in part V of chapter 125, Florida |
| 288 | Statutes, and to appropriately retitle that part. |
| 289 | Section 3. This act shall take effect July 1, 2009. |