HB 153

1
A bill to be entitled
2An act relating to senior services; providing a
3definition; authorizing each county to create an
4independent special district by ordinance to provide
5funding for services for seniors; requiring approval by a
6majority vote of electors to annually levy ad valorem
7taxes; requiring the district to comply with statutory
8requirements related to levying and fixing millage and
9filing financial or compliance reports; providing for the
10dissolution of the district; creating a governing council
11for the district; specifying criteria for membership to
12the council; providing terms of office; requiring the
13council members to serve without compensation; specifying
14the powers and functions of the council; requiring the
15council to appoint a chair and vice chair and elect other
16officers, identify and assess the needs of seniors,
17provide training and orientation to new members of the
18council, make and adopt bylaws and rules for the council's
19operation and governance, and provide an annual report to
20the county governing body; authorizing two or more
21districts to enter into cooperative agreements; requiring
22the council to maintain minutes of each meeting; requiring
23the council to prepare a tentative annual budget and
24compute a millage rate to fund the district; requiring
25that all tax moneys collected be paid directly to the
26council by the county tax collector and be deposited in
27qualified public depositories; requiring certain members
28to file a surety bond; specifying expenditures of funds;
29requiring the council to prepare and file quarterly
30financial reports with the county governing body;
31prohibiting the council from requiring certain matching
32funds; providing legislative intent with respect to the
33use of funds collected by the council; providing a
34directive to the Division of Statutory Revision; providing
35an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Services for seniors; special district.--
40     (1)  DEFINITION.--As used in this section, the term
41"senior" means a person who is at least 60 years of age.
42     (2)  SPECIAL DISTRICT.--Each county may, by ordinance,
43create an independent special district, as defined in ss.
44189.403 and 200.001, Florida Statutes, to provide countywide
45funding for senior services. The boundaries of such district
46must be coterminous with the boundaries of the county.
47     (a)  Upon adoption of the ordinance creating the district,
48the levy of ad valorem taxes at a rate not to exceed 0.5 mills
49of assessed valuation of all properties subject to ad valorem
50taxes within the county, which will be used to fund the
51district, must be placed on the ballot by the governing body of
52the county enacting the ordinance, and shall take effect if
53approved by a majority of the electors of the county voting in a
54referendum held for such purpose. The ballot for the referendum
55must conform to the requirements of s. 101.161, Florida
56Statutes.
57     (b)  A district created under this section shall:
58     1.  Levy and fix millage as provided in s. 200.065, Florida
59Statutes.
60     2.  Maintain the same fiscal year as the county.
61     3.  Comply with all other statutory requirements of general
62application which relate to the filing of any financial or
63compliance reports required under part III of chapter 218,
64Florida Statutes, or any other report or documentation required
65by law, including the requirements of ss. 189.415, 189.417, and
66189.418, Florida Statutes.
67     (c)  The district may be dissolved by a special act of the
68Legislature, or the county governing body may, by ordinance,
69dissolve the district subject to approval by a majority of the
70electors in the county voting on the issue. A district may also
71be dissolved pursuant to s. 189.4042, Florida Statutes. Before
72dissolving a district, the county shall obligate itself to
73assume the debts, liabilities, contracts, and outstanding
74obligations of the district within the total millage available
75to the county for all county and municipal purposes as provided
76under s. 9, Article VII of the State Constitution.
77     (d)  This section does not prohibit a county from
78exercising such power as is provided by general or special law
79to provide or fund services for seniors.
80     (3)  COUNCIL MEMBERSHIP.--
81     (a)  The district shall be governed by a 10-member council
82consisting of:
83     1.  Four permanent positions representing:
84     a.  The executive director of the area agency on aging, or
85a designee who is a director of senior programs in the county.
86     b.  The county director of social services, or a designee
87who is a director of services for the elderly.
88     c.  The director of the Adult Services Program at the
89Department of Children and Family Services, or a designee.
90     d.  The statewide services administrator at the Department
91of Health, or a designee who may be the senior administrator of
92the county health department.
93     2.  Two members appointed for 2-year terms by a majority of
94the county governing body, one of whom shall represent the board
95of county commissioners and one of whom shall be the county
96representative of the Florida League of Cities.
97     3.  Four members appointed by the Governor and
98representing, to the greatest extent possible, the cultural
99diversity of the county's population, of which at least one
100member is 60 years of age or older. All members appointed by the
101Governor must have been residents of the county during the
102previous 24 months.
103     a.  Three names shall be submitted for each appointment to
104the Governor by the county governing body. The Governor shall
105make a selection within 45 days following receipt or request a
106new list of candidates.
107     b.  The appointees shall be appointed to 4-year terms and
108may be reappointed for one additional term of office. The length
109of the terms of the initial appointees shall be adjusted to
110stagger the terms.
111     c.  The Governor may remove any of his or her appointees
112for cause or upon the written petition of the county governing
113body. If any council member appointed by the Governor resigns,
114dies, or is removed from office, the vacancy shall be filled by
115the Governor, using the same method as the original appointment,
116and the new member shall be appointed for the remainder of the
117unexpired term.
118     (b)  Members of the council shall serve without
119compensation.
120     (4)  COUNCIL DUTIES.--
121     (a)  The council shall:
122     1.  Immediately after the members are appointed, elect a
123chair and vice chair from among its members and elect other
124officers as deemed necessary by the council.
125     2.  Immediately after the officers are elected, identify
126and assess the needs of seniors within the county and submit a
127written report to the county governing body which describes:
128     a.  The activities, services, and opportunities that will
129be provided to seniors.
130     b.  The manner in which seniors will be served, including a
131description of arrangements and agreements that will be made
132with community organizations, state and local educational
133agencies, federal agencies, public assistance agencies, the
134court system, guardianship groups, and other applicable public
135and private agencies and organizations.
136     c.  The anticipated schedule for providing those
137activities, services, and opportunities.
138     d.  The special outreach efforts that will be undertaken to
139provide services to seniors who are at risk, abused, neglected,
140or ailing.
141     e.  The manner in which the council will seek and obtain
142funding for unmet needs.
143     f.  The strategy for interagency coordination in order to
144maximize existing human and fiscal resources.
145     3.  Provide training and orientation to all new members to
146allow them to perform their duties.
147     4.  Make and adopt bylaws and rules for the council's
148guidance, operation, governance, and maintenance which are
149consistent with applicable federal or state laws or county
150ordinances.
151     5.  Provide an annual written report, to be presented no
152later than January 1, to the county governing body. At a
153minimum, the annual report must include:
154     a.  Information on the effectiveness of activities,
155services, and programs offered by the district, including, but
156not limited to, cost-effectiveness.
157     b.  A detailed anticipated budget for the continuation of
158activities, services, and programs offered by the district and a
159list of all sources of funding.
160     c.  Procedures used for the early identification of at-risk
161seniors who need additional or continued services, and methods
162for ensuring that the additional or continued services are
163received.
164     d.  A description of the degree to which the district's
165objectives and activities are meeting the goals of this section.
166     e.  Detailed information on the district's various
167programs, services, and activities available to seniors.
168     f.  Information on district programs, services, and
169activities that should be eliminated; programs, services, and
170activities that should be continued; and programs, services, and
171activities that should be added to the basic responsibilities of
172the district.
173     (b)  The council may:
174     1.  Provide and maintain in the county the preventive,
175developmental, treatment, rehabilitative, and other services for
176seniors which the council determines are needed for the general
177welfare of such persons.
178     2.  Allocate and provide funds to other county agencies
179that operate for the benefit of seniors.
180     3.  Collect information and statistical data and conduct
181research and assessments that are helpful to the council and the
182county in determining the needs of seniors in the county.
183     4.  Consult and coordinate with other agencies providing
184services dedicated to the welfare of seniors in order to prevent
185the duplication of services.
186     5.  Seek grants from state, federal, and local agencies and
187accept donations from all sources.
188     6.  Lease or buy real estate, equipment, and personal
189property and construct buildings as needed to carry out the
190powers, functions, and duties of the district, except that such
191purchases may not be made or buildings constructed unless paid
192for with cash on hand or secured by funds deposited in a
193financial institution.
194     7.  Employ, pay, and provide benefits for any part-time or
195full-time personnel needed to carry out the powers, functions,
196and duties of the district.
197     (c)  Two or more districts may enter into a cooperative
198agreement to:
199     1.  Share administrative costs, including staff and office
200space, if a more efficient or effective operation will result.
201The cooperative agreement must include provisions for
202apportioning costs between the districts, keeping separate and
203distinct financial records for each district, and resolving any
204conflicts that might arise under the agreement.
205     2.  Seek grants, accept donations, or jointly fund programs
206serving multicounty areas. The cooperative agreement must
207include provisions for the adequate accounting of separate and
208joint funds.
209     (d)  The council shall maintain minutes of each meeting,
210including a record of all votes cast, and shall make such
211minutes available to any interested person.
212     (5)  DISTRICT BUDGET.--
213     (a)  On or before July 1 of each year, the council shall,
214pursuant to s. 189.418, Florida Statutes, prepare a tentative
215annual budget of the district's expected income and
216expenditures, including a contingency fund. In addition, the
217council shall compute a proposed millage rate, not to exceed 0.5
218mills of assessed value, as necessary to fund the tentative
219budget. The council must comply with the requirements of s.
220200.065, Florida Statutes.
221     (b)  After the district's budget is certified and delivered
222to the county governing body, the budget may not be changed or
223modified by the governing body or any other authority.
224     (c)  As soon after collection as is reasonably practicable,
225all taxes collected under this section shall be paid directly to
226the district by the county's revenue-collection entity.
227     (d)  All moneys received by the district must be deposited
228in qualified public depositories, as defined in s. 280.02,
229Florida Statutes, with separate and distinguishable accounts
230established specifically for the district, and may be withdrawn
231only by checks signed by the chair of the council and
232countersigned by one other member of the council or by a chief
233executive officer authorized by the council.
234     1.  Upon taking office, the chair and the other member of
235the council or chief executive officer authorized to sign checks
236shall each file a surety bond in the sum of at least $1,000 for
237each $1 million, or portion of such amount, of the district's
238annual budget, which shall be conditioned upon the faithful
239discharge of the duties of his or her office. The premium on
240such bond may be paid by the district as part of the expenses of
241the council. Other members of the council are not required to
242give bond or other security.
243     2.  Funds of the district may not be expended except by
244check, except for expenditures of up to $100, which may be made
245from a petty cash account. All expenditures from petty cash must
246be recorded on the books and records of the council. District
247funds, except expenditures from petty cash, may not be expended
248without prior approval of the council, in addition to the
249budgeting of such funds.
250     (e)  Within 10 business days after the expiration of each
251annual quarter, the council shall prepare and file with the
252county governing body a financial report that includes:
253     1.  The council's total expenditures for the quarter.
254     2.  The council's total receipts during the quarter.
255     3.  A statement of the funds the council has on hand, has
256invested, or has deposited at the end of the quarter.
257     4.  The council's total administrative costs for the
258quarter.
259     (f)  The council may not require any service provider to
260provide additional matching funds as a condition of providing
261district services or programs to seniors.
262     (g)  It is the intent of the Legislature that the funds
263collected pursuant to this section be used to support
264improvements in services for seniors and that such funds not be
265used as a substitute for existing resources or for resources
266that would otherwise be available for such services.
267     Section 2.  The Division of Statutory Revision is requested
268to place the provisions of section 1 of this act in part V of
269chapter 125, Florida Statutes, and to appropriately retitle that
270part.
271     Section 3.  This act shall take effect July 1, 2010.


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