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Amendment CaShTmL-253238.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 360, 1st Eng.
                        Barcode 253238
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/3R          .                    
       05/04/2005 06:03 PM         .                    
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11  Senator Campbell moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 136, before line 1,
15  
16  insert:  
17         Section 33.  Services for seniors and adults with
18  developmental disabilities; independent special district;
19  council; powers, duties, and functions.--
20         (1)  There is hereby created an independent special
21  district, as defined in sections 189.403 and 200.001, Florida
22  Statutes, to provide funding for services for seniors and
23  adults with developmental disabilities throughout Broward
24  County in accordance with this act. The boundaries of such
25  district shall be coterminous with the boundaries of Broward
26  County. The district created pursuant to this act shall levy
27  and fix millage as provided in section 200.065, Florida
28  Statutes. Once the millage is approved by the electorate, the
29  district is not required to seek approval of the electorate in
30  future years to levy the previously approved millage. For
31  purposes of this section, the term "senior" means a person who
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    2:35 PM   05/04/05                             s0360e1c-32-c8j

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 is at least 60 years of age, and the term "adult with 2 developmental disabilities" means an adult with developmental 3 disabilities who is at least 22 years of age. 4 (2) The governing board of the district shall be the 5 Broward County Council for Services for Seniors and Adults 6 with Developmental Disabilities. The council shall consist of 7 11 members, including the executive director of the Area 8 Agency on Aging of Broward County or his or her designee who 9 is a director of senior programs; the Broward County Director 10 of Human Services or his or her designee who is a director of 11 elderly services; one person who is director of programs for 12 adults with developmental disabilities or his or her designee; 13 one member of the Broward County Board of County 14 Commissioners; one nonvoting member of the Broward County 15 Legislative Delegation appointed by the delegation chair; and 16 one representative of the Broward League of Cities. The 17 executive director of the Area Agency on Aging of Broward 18 County or his or her designee, the director of programs for 19 adults with developmental disabilities or his or her designee, 20 and the Broward County Director of Human Services or his or 21 her designee are permanent positions. The members appointed 22 from the Broward County Board of County Commissioners, the 23 Broward County Legislative Delegation, and the Broward League 24 of Cities shall be appointed to 2-year terms. The other five 25 members shall be appointed by the Governor and shall 26 represent, to the greatest extent possible, the cultural 27 diversity of Broward County's population. At least one of the 28 gubernatorial designees must be an individual who is a 29 caretaker or family member of a person who is 22 years of age 30 or older and has a developmental disability, and at least one 31 must be 60 years of age or older. Recommendations for these 2 2:35 PM 05/04/05 s0360e1c-32-c8j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 memberships shall be provided by the Broward County Board of 2 County Commissioners. Three names shall be submitted for each 3 vacancy, determined by category. The gubernatorial appointees 4 shall be appointed to 4-year terms and may be reappointed for 5 one additional term of office. The Governor shall make a 6 selection within a 45-day period or request a new list of 7 candidates. All members appointed by the Governor must have 8 been residents of Broward County for the previous 24-month 9 period. The length of the terms of the initial appointees 10 shall be adjusted to stagger the terms. The Governor may 11 remove a member for cause or upon the written petition of the 12 Broward County Board of County Commissioners. If any of the 13 members of the Council required to be appointed by the 14 Governor resigns, dies, or is removed from office, the vacancy 15 shall be filled by appointment by the Governor, using the same 16 method as the original appointment, and such appointment to 17 fill a vacancy shall be for the unexpired term of the member 18 who resigns, dies, or is removed from office. 19 (3)(a) The Broward County Council for Services for 20 Seniors and Adults with Developmental Disabilities may: 21 1. Provide and maintain in the county the preventive, 22 developmental, treatment, and rehabilitative services for 23 seniors and adults with developmental disabilities which the 24 council determines are needed for the general welfare of 25 seniors and adults with developmental disabilities. 26 2. Provide any other services which the council 27 determines are needed for the general welfare of seniors and 28 adults with developmental disabilities in the county. 29 3. Allocate and provide funds for other agencies in 30 the county which are operated for the benefit of seniors and 31 adults with developmental disabilities. 3 2:35 PM 05/04/05 s0360e1c-32-c8j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 4. Collect information and statistical data and 2 conduct research and assessments that will be helpful to the 3 council and the county in deciding the needs of seniors and 4 adults with developmental disabilities in the county. 5 5. Consult and coordinate with other agencies 6 dedicated to the welfare of seniors and adults with 7 developmental disabilities to the end that the overlapping of 8 services will be prevented. 9 6. Seek grants from state, federal, and local agencies 10 and accept donations from public and private sources. 11 7. Lease or buy real estate, equipment, and personal 12 property and construct buildings as needed to execute the 13 foregoing powers and functions, except that such purchases may 14 not be made or building done unless paid for with cash on hand 15 or secured by funds deposited in financial institutions. This 16 subparagraph does not authorize a district to issue bonds of 17 any nature, and a district does not have the power to require 18 the imposition of any bond by the governing body of the 19 county. 20 8. Employ, pay, and provide benefits for any part-time 21 or full-time personnel needed to execute the foregoing powers 22 and functions. 23 (b) The Broward County Council for Services for 24 Seniors and Adults with Developmental Disabilities shall: 25 1. Immediately after the members are appointed, elect 26 a chair and vice chair from among its members and elect other 27 officers as deemed necessary by the council. 28 2. Immediately after the members are appointed and 29 officers are elected, identify and assess the needs of seniors 30 and adults with developmental disabilities in the county and 31 submit to the Broward County Board of County Commissioners a 4 2:35 PM 05/04/05 s0360e1c-32-c8j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 written description of: 2 a. The activities, services, and opportunities that 3 will be provided to seniors and adults with developmental 4 disabilities. 5 b. The anticipated schedule for providing those 6 activities, services, and opportunities. 7 c. The manner in which seniors and adults with 8 developmental disabilities will be served, including a 9 description of arrangements and agreements that will be made 10 with community organizations, state and local educational 11 agencies, federal agencies, public assistance agencies, the 12 court system, guardianship groups, and other applicable public 13 and private agencies and organizations. 14 d. The special outreach efforts that will be 15 undertaken to provide services to seniors and adults with 16 developmental disabilities who are at risk, abused, or 17 neglected and ailing seniors or profoundly afflicted adults 18 with developmental disabilities. 19 e. The manner in which the council will seek and 20 provide funding for unmet needs. 21 f. The strategy that will be used for interagency 22 coordination to maximize existing human and fiscal resources. 23 3. Provide training and orientation to all new members 24 sufficient to allow them to perform their duties. 25 4. Make and adopt bylaws and rules for the council's 26 guidance, operation, governance, and maintenance, if such 27 rules are not inconsistent with federal or state laws or 28 county ordinances. 29 5. Provide an annual written report, to be presented 30 no later than January 1, to the Broward County Board of County 31 Commissioners. The annual report must contain, but need not be 5 2:35 PM 05/04/05 s0360e1c-32-c8j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 limited to: 2 a. Information on the effectiveness of activities, 3 services, and programs offered by the council, including cost 4 effectiveness. 5 b. A detailed anticipated budget for continuation of 6 activities, services, and programs offered by the council and 7 a list of all sources of requested funding, both public and 8 private. 9 c. Procedures used for early identification of at-risk 10 seniors and adults with developmental disabilities who need 11 additional or continued services and methods for ensuring that 12 the additional or continued services are received. 13 d. A description of the degree to which the council's 14 objectives and activities are consistent with the goals of 15 this section. 16 e. Detailed information of the various programs, 17 services, and activities available to seniors and adults with 18 developmental disabilities. 19 f. Information on programs, services, and activities 20 that should be eliminated; programs, services, and activities 21 that should be continued; and programs, services, and 22 activities that should be added to the basic format of the 23 council. 24 (c) The council shall maintain minutes of each 25 meeting, including a record of all votes cast, and shall make 26 such minutes available to any interested person. 27 (d) Members of the council shall serve without 28 compensation, but are entitled to receive reimbursement for 29 per diem and travel expenses consistent with section 112.061, 30 Florida Statutes. 31 (4)(a) The district shall maintain the same fiscal 6 2:35 PM 05/04/05 s0360e1c-32-c8j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 year as that of Broward County. 2 (b) On or before July 1 of each year, the council 3 shall prepare a tentative annual written budget of the 4 district's expected income and expenditures, including a 5 contingency fund. The council shall, in addition, compute a 6 proposed millage rate within the voter-approved cap necessary 7 to fund the tentative budget and, prior to adopting a final 8 budget, comply with section 200.065, Florida Statutes, 9 relating to the method of fixing millage, and fix the final 10 millage rate by resolution of the council. The adopted budget 11 and final millage rate must be certified and delivered to the 12 Broward County Board of County Commissioners as soon as 13 possible following the council's adoption of the final budget 14 and millage rate under chapter 200, Florida Statutes. Included 15 in each certified budget shall be the millage rate, adopted by 16 resolution of the council, necessary to be applied to raise 17 the funds budgeted for district operations and expenditures. 18 District millage may not exceed 0.5 mills of assessed 19 valuation of all properties within Broward County which are 20 subject to ad valorem county taxes. 21 (c) After the budget of the district is certified and 22 delivered to the Broward County Board of County Commissioners, 23 the budget may not be changed or modified by the Broward 24 County Board of County Commissioners or any other authority. 25 (d) All taxes collected under this section, as soon 26 after collection as is reasonably practicable, shall be paid 27 directly to the council by the Broward County Revenue 28 Collection Division. 29 (e)1. All moneys received by the council shall be 30 deposited in qualified public depositories, as defined in 31 section 280.02, Florida Statutes, with separate and 7 2:35 PM 05/04/05 s0360e1c-32-c8j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 distinguishable accounts established specifically for the 2 council and may be withdrawn only by checks signed by the 3 chair of the council and countersigned by one other member of 4 the council or by a chief executive officer authorized by the 5 council. 6 2. Upon entering the duties of office, the chair and 7 the other member of the council or chief executive officer who 8 signs its checks shall each file a surety bond in the sum of 9 at least $1,000 for each $1 million or portion thereof of the 10 council's annual budget, which bond shall be conditioned upon 11 the faithful discharge of the duties of his or her office. The 12 premium on such bond may be paid by the district as part of 13 the expenses of the council. Other members of the council may 14 not be required to give bond or other security. 15 3. Funds of the district may not be expended except by 16 check, except expenditures from a petty cash account, which 17 account may not at any time exceed $100. All expenditures from 18 petty cash must be recorded on the books and records of the 19 council. Funds of the council, except expenditures from petty 20 cash, may not be expended without prior approval of the 21 council, in addition to the budgeting thereof. 22 (f) Within 10 days, exclusive of weekends and legal 23 holidays, after the expiration of each quarter-annual period, 24 the council shall prepare and file with the Broward County 25 Board of County Commissioners a financial report that 26 includes: 27 1. The total expenditures of the council for the 28 quarter-annual period. 29 2. The total receipts of the council during the 30 quarter-annual period. 31 3. A statement of the funds the council has on hand, 8 2:35 PM 05/04/05 s0360e1c-32-c8j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 has invested, or has deposited with qualified public 2 depositories at the end of the quarter-annual period. 3 4. The total administrative costs of the council for 4 the quarter-annual period. 5 (5) The district created under this act may be amended 6 or dissolved by a special act of the Legislature. 7 (6) After or during the first year of operation of the 8 council, the Broward County Board of County Commissioners, at 9 its option, may fund in whole or in part the budget of the 10 council from its own funds. 11 (7) The district created under this act shall comply 12 with all other statutory requirements of general application 13 which relate to the filing of any financial reports or 14 compliance reports required under part III of chapter 218, 15 Florida Statutes, or any other report or documentation 16 required by law, including the requirements of sections 17 189.415, 189.417, and 189.418, Florida Statutes. 18 (8) The Broward County Council for Services for 19 Seniors and Adults with Developmental Disabilities shall not 20 require any public or private service provider to provide 21 additional matching funds as a condition of the council's or 22 district's providing services or programs to seniors and 23 adults with developmental disabilities. 24 Section 34. Referendum.--The Broward County Board of 25 County Commissioners shall call and the Supervisor of 26 Elections of Broward County shall conduct, in conjunction with 27 the primary election to be held on September 5, 2006, a 28 referendum as follows: 29 30 Creating the Council for Services for Seniors and Adults with 31 Developmental Disabilities and authorization of taxation. 9 2:35 PM 05/04/05 s0360e1c-32-c8j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 2 Shall an independent special district known as the "Council 3 for Services for Seniors and Adults with Developmental 4 Disabilities" be created by special act of the Legislature 5 with authority to levy each year an ad valorem tax not to 6 exceed one-half of one mill to fund services for seniors and 7 adults with developmental disabilities? 8 9 Yes ___ 10 11 No ___ 12 Section 35. Section 33 of this act shall take effect 13 only upon approval by a majority vote of those qualified 14 electors of Broward County voting in a referendum to be held 15 in conjunction with the primary election held on September 5, 16 2006, in accordance with the provisions of law relating to 17 elections currently in force. 18 19 (Redesignate subsequent sections.) 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 On page 6, line 19, after the semicolon. 25 26 insert: 27 creating the Broward County Council for 28 Services for Seniors and Adults with 29 Developmental Disabilities; creating an 30 independent special district to provide funding 31 for services for seniors and adults with 10 2:35 PM 05/04/05 s0360e1c-32-c8j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 developmental disabilities; requiring approval 2 by a majority vote of electors to annually levy 3 ad valorem taxes not to exceed a certain 4 maximum; creating a governing board for the 5 district; specifying criteria for membership to 6 the governing board; providing terms of office; 7 specifying the powers and functions of the 8 council; requiring the council to appoint a 9 chair and vice chair and elect officers, to 10 identify and assess the needs of seniors and 11 adults with developmental disabilities, to 12 provide training and orientation to new members 13 of the council, to make and adopt bylaws and 14 rules for the council's operation and 15 governance, and to provide an annual report to 16 the Broward County Board of County 17 Commissioners; requiring the council to 18 maintain minutes of each meeting and to serve 19 without compensation; requiring the council to 20 prepare a tentative annual budget and to 21 compute a millage rate to fund the tentative 22 budget; requiring that all tax moneys collected 23 be paid directly to the council by the Broward 24 County Tax Collector and deposited in qualified 25 public depositories; specifying expenditures of 26 funds; requiring the council to prepare and 27 file a financial report to the Broward County 28 Board of County Commissioners; providing that 29 the district may be amended or dissolved by a 30 special act of the Legislature; authorizing the 31 Broward County Board of County Commissioners to 11 2:35 PM 05/04/05 s0360e1c-32-c8j
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 253238 1 fund the budget of the council from its own 2 funds after or during the council's first year 3 of operation; requiring the district to comply 4 with statutory requirements related to the 5 filing of a financial or compliance report; 6 authorizing the district to seek grants and 7 accept donations from public and private 8 sources; providing legislative intent with 9 respect to the use of funds collected by the 10 council; prohibiting the council from requiring 11 certain matching funds; requiring a referendum; 12 providing a ballot statement; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 2:35 PM 05/04/05 s0360e1c-32-c8j
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