December 15, 2019
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       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.

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