Florida Senate - 2010 SB 146
By Senator Rich
34-00056-10 2010146__
1 A bill to be entitled
2 An act relating to senior services; providing a
3 definition; authorizing a county to create an
4 independent special district by ordinance to provide
5 funding for services for seniors; requiring approval
6 by a majority vote of electors to annually levy ad
7 valorem taxes; requiring the district to comply with
8 statutory requirements related to levying and fixing
9 millage and filing financial or compliance reports;
10 providing for the dissolution of the district;
11 creating a governing council for the district;
12 specifying criteria for membership to the council;
13 providing terms of office; requiring the council
14 members to serve without compensation; specifying the
15 powers and functions of the council; requiring the
16 council to appoint a chair and vice chair and elect
17 other officers, identify and assess the needs of
18 seniors, provide training and orientation to new
19 members of the council, make and adopt bylaws and
20 rules for the council’s operation and governance, and
21 provide an annual report to the county governing body;
22 authorizing two or more districts to enter into
23 cooperative agreements; requiring the council to
24 maintain minutes of each meeting; requiring the
25 council to prepare a tentative annual budget and
26 compute a millage rate to fund the district; requiring
27 that all tax moneys collected be paid directly to the
28 council by the county tax collector and be deposited
29 in qualified public depositories; requiring certain
30 members to file a surety bond; specifying expenditures
31 of funds; requiring the council to prepare and file
32 quarterly financial reports with the county governing
33 body; prohibiting the council from requiring certain
34 matching funds; providing legislative intent with
35 respect to the use of funds collected by the council;
36 providing a directive to the Division of Statutory
37 Revision; providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Services for seniors; special district.—
42 (1) DEFINITION.—As used in this section, the term “senior”
43 means a person who is at least 60 years of age.
44 (2) SPECIAL DISTRICT.—Each county may, by ordinance, create
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. The boundaries of such district must be
48 coterminous with the boundaries of the county.
49 (a) Upon adoption of the ordinance creating the district,
50 the levy of ad valorem taxes at a rate not to exceed 0.5 mills
51 of assessed valuation of all properties subject to ad valorem
52 taxes within the county, which will be used to fund the
53 district, must be placed on the ballot by the governing body of
54 the county enacting the ordinance, and shall take effect if
55 approved by a majority of the electors of the county voting in a
56 referendum held for such purpose. The ballot for the referendum
57 must conform to the requirements of s. 101.161, Florida
58 Statutes.
59 (b) A district created under this section shall:
60 1. Levy and fix millage as provided in s. 200.065, Florida
61 Statutes.
62 2. Maintain the same fiscal year as the county.
63 3. Comply with all other statutory requirements of general
64 application which relate to the filing of any financial or
65 compliance reports required under part III of chapter 218,
66 Florida Statutes, or any other report or documentation required
67 by law, including the requirements of ss. 189.415, 189.417, and
68 189.418, Florida Statutes.
69 (c) The district may be dissolved by a special act of the
70 Legislature, or the county governing body may, by ordinance,
71 dissolve the district subject to approval by a majority of the
72 electors in the county voting on the issue. A district may also
73 be dissolved pursuant to s. 189.4042, Florida Statutes. Before
74 dissolving a district, the county must obligate itself to assume
75 the debts, liabilities, contracts, and outstanding obligations
76 of the district within the total millage available to the county
77 for all county and municipal purposes as provided under s. 9,
78 Article VII of the State Constitution.
79 (d) This section does not prohibit a county from exercising
80 such power as is provided by general or special law to provide
81 or fund services for seniors.
82 (3) COUNCIL MEMBERSHIP.—
83 (a) The district shall be governed by a 10-member council
84 consisting of:
85 1. Four permanent positions representing:
86 a. The executive director of the area agency on aging, or a
87 designee who is a director of senior programs in the county.
88 b. The county director of social services, or a designee
89 who is a director of services for the elderly.
90 c. The director of the Adult Services Program at the
91 Department of Children and Family Services, or a designee.
92 d. The statewide services administrator at the Department
93 of Health, or a designee who may be the senior administrator of
94 the county health department.
95 2. Two members appointed for 2-year terms by a majority of
96 the county governing body, one of whom shall represent the board
97 of county commissioners and one of whom shall be the county
98 representative of the Florida League of Cities.
99 3. Four members appointed by the Governor and representing,
100 to the greatest extent possible, the cultural diversity of the
101 county’s population, of which at least one member is 60 years of
102 age or older. All members appointed by the Governor must have
103 been county residents during the previous 24 months.
104 a. Three names shall be submitted for each appointment to
105 the Governor by the county governing body. The Governor shall
106 make a selection within 45 days following receipt or request a
107 new list of candidates.
108 b. The appointees shall be appointed to 4-year terms and
109 may be reappointed for one additional term of office. The length
110 of the terms of the initial appointees shall be adjusted to
111 stagger the terms.
112 c. The Governor may remove any of his or her appointees for
113 cause or upon the written petition of the county governing body.
114 If any council member appointed by the Governor resigns, dies,
115 or is removed from office, the vacancy shall be filled by the
116 Governor, using the same method as the original appointment, and
117 the new member shall be appointed for the remainder of the
118 unexpired term.
119 (b) Members of the council shall serve without
120 compensation.
121 (4) COUNCIL DUTIES.—
122 (a) The council shall:
123 1. Immediately after the members are appointed, elect a
124 chair and vice chair from among its members and elect other
125 officers as deemed necessary by the council.
126 2. Immediately after the officers are elected, identify and
127 assess the needs of seniors within the county and submit a
128 written report to the county governing body which describes:
129 a. The activities, services, and opportunities that will be
130 provided to seniors.
131 b. The manner in which seniors will be served, including a
132 description of arrangements and agreements that will be made
133 with community organizations, state and local educational
134 agencies, federal agencies, public assistance agencies, the
135 court system, guardianship groups, and other applicable public
136 and private agencies and organizations.
137 c. The anticipated schedule for providing those activities,
138 services, and opportunities.
139 d. The special outreach efforts that will be undertaken to
140 provide services to seniors who are at risk, abused, neglected,
141 or ailing.
142 e. The manner in which the council will seek and obtain
143 funding for unmet needs.
144 f. The strategy for interagency coordination in order to
145 maximize existing human and fiscal resources.
146 3. Provide training and orientation to all new members to
147 allow them to perform their duties.
148 4. Make and adopt bylaws and rules for the council’s
149 guidance, operation, governance, and maintenance which are
150 consistent with applicable federal or state laws or county
151 ordinances.
152 5. Provide an annual written report, to be presented no
153 later than January 1, to the county governing body. At a
154 minimum, the annual report must include:
155 a. Information on the effectiveness of activities,
156 services, and programs offered by the district, including cost
157 effectiveness.
158 b. A detailed anticipated budget for the continuation of
159 activities, services, and programs offered by the district and a
160 list of all sources of funding.
161 c. Procedures used for the early identification of at-risk
162 seniors who need additional or continued services, and methods
163 for ensuring that the additional or continued services are
164 received.
165 d. A description of the degree to which the district’s
166 objectives and activities are meeting the goals of this section.
167 e. Detailed information on the district’s various programs,
168 services, and activities available to seniors.
169 f. Information on district programs, services, and
170 activities that should be eliminated; programs, services, and
171 activities that should be continued; and programs, services, and
172 activities that should be added to the basic responsibilities of
173 the district.
174 (b) The council may:
175 1. Provide and maintain in the county the preventive,
176 developmental, treatment, rehabilitative, and other services for
177 seniors which the council determines are needed for the general
178 welfare of such persons.
179 2. Allocate and provide funds to other county agencies that
180 operate for the benefit of seniors.
181 3. Collect information and statistical data and conduct
182 research and assessments that are helpful to the council and the
183 county in determining the needs of seniors in the county.
184 4. Consult and coordinate with other agencies providing
185 services dedicated to the welfare of seniors in order to prevent
186 the duplication of services.
187 5. Seek grants from state, federal, and local agencies and
188 accept donations from all sources.
189 6. Lease or buy real estate, equipment, and personal
190 property and construct buildings as needed to carry out the
191 powers, functions, and duties of the district, except that such
192 purchases may not be made or buildings constructed unless paid
193 for with cash on hand or secured by funds deposited in a
194 financial institution.
195 7. Employ, pay, and provide benefits for any part-time or
196 full-time personnel needed to carry out the powers, functions,
197 and duties of the district.
198 (c) Two or more districts may enter into a cooperative
199 agreement to:
200 1. Share administrative costs, including staff and office
201 space, if a more efficient or effective operation will result.
202 The cooperative agreement must include provisions for
203 apportioning costs between the districts, keeping separate and
204 distinct financial records for each district, and resolving any
205 conflicts that might arise under the agreement.
206 2. Seek grants, accept donations, or jointly fund programs
207 serving multicounty areas. The cooperative agreement must
208 include provisions for the adequate accounting of separate and
209 joint funds.
210 (d) The council shall maintain minutes of each meeting,
211 including a record of all votes cast, and shall make such
212 minutes available to any interested person.
213 (5) DISTRICT BUDGET.—
214 (a) On or before July 1 of each year, the council shall,
215 pursuant to s. 189.418, Florida Statutes, prepare a tentative
216 annual budget of the district’s expected income and
217 expenditures, including a contingency fund. In addition, the
218 council shall compute a proposed millage rate, not to exceed 0.5
219 mills of assessed value, as necessary to fund the tentative
220 budget. The council must comply with the requirements of s.
221 200.065, Florida Statutes.
222 (b) After the district’s budget is certified and delivered
223 to the county governing body, the budget may not be changed or
224 modified by the governing body or any other authority.
225 (c) As soon after collection as is reasonably practicable,
226 all taxes collected under this section shall be paid directly to
227 the district by the county’s revenue-collection entity.
228 (d) All moneys received by the district must be deposited
229 in qualified public depositories, as defined in s. 280.02,
230 Florida Statutes, with separate and distinguishable accounts
231 established specifically for the district, and may be withdrawn
232 only by checks signed by the chair of the council and
233 countersigned by one other member of the council or by a chief
234 executive officer authorized by the council.
235 1. Upon taking office, the chair and the other member of
236 the council or chief executive officer authorized to sign checks
237 shall each file a surety bond in the sum of at least $1,000 for
238 each $1 million, or portion thereof, of the district’s annual
239 budget, which shall be conditioned upon the faithful discharge
240 of the duties of his or her office. The premium on such bond may
241 be paid by the district as part of the expenses of the council.
242 Other members of the council are not required to give bond or
243 other security.
244 2. Funds of the district may not be expended except by
245 check, except for expenditures of up to $100, which may be made
246 from a petty cash account. All expenditures from petty cash must
247 be recorded on the books and records of the council. District
248 funds, except expenditures from petty cash, may not be expended
249 without prior approval of the council, in addition to the
250 budgeting thereof.
251 (e) Within 10 business days after the expiration of each
252 annual quarter, the council shall prepare and file with the
253 county governing body a financial report that includes:
254 1. The council’s total expenditures for the quarter.
255 2. The council’s total receipts during the quarter.
256 3. A statement of the funds the council has on hand, has
257 invested, or has deposited at the end of the quarter.
258 4. The council’s total administrative costs for the
259 quarter.
260 (f) The council may not require any service provider to
261 provide additional matching funds as a condition of providing
262 district services or programs to seniors.
263 (g) It is the intent of the Legislature that the funds
264 collected pursuant to this section be used to support
265 improvements in services for seniors and that such funds not be
266 used as a substitute for existing resources or for resources
267 that would otherwise be available for such services.
268 Section 2. The Division of Statutory Revision is requested
269 to place this section in part V of chapter 125, Florida
270 Statutes, and to appropriately retitle that part.
271 Section 3. This act shall take effect July 1, 2010.