Bill Text: FL S0146 | 2010 | Regular Session | Comm Sub
Bill Title: Senior Services/Independent Special Districts [WPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Health and Human Services Appropriations [S0146 Detail]
Download: Florida-2010-S0146-Comm_Sub.html
Florida Senate - 2010 CS for SB 146 By the Committee on Finance and Tax; and Senator Rich 593-02944-10 2010146c1 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) The county governing board shall obtain approval, by a 50 majority vote of the electors, to establish the district having 51 authority to annually levy ad valorem taxes, which shall not 52 exceed 0.5 mills of assessed valuation of all properties subject 53 to ad valorem taxes within the county. The ballot for the 54 referendum must conform to the requirements of s. 101.161, 55 Florida Statutes. 56 (b) A district created under this section shall: 57 1. Levy and fix millage as provided in s. 200.065, Florida 58 Statutes. 59 2. Maintain the same fiscal year as the county. 60 3. Comply with all other statutory requirements of general 61 application which relate to the filing of any financial or 62 compliance reports required under part III of chapter 218, 63 Florida Statutes, or any other report or documentation required 64 by law, including the requirements of ss. 189.415, 189.417, and 65 189.418, Florida Statutes. 66 (c) The 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 approval by a majority of the 69 electors in the county voting on the issue. A district may also 70 be dissolved pursuant to s. 189.4042, Florida Statutes. Before 71 dissolving a district, the county must obligate itself to assume 72 the debts, liabilities, contracts, and outstanding obligations 73 of the district within the total millage available to the county 74 for all county and municipal purposes as provided under s. 9, 75 Article VII of the State Constitution. 76 (d) This section does not prohibit a county from exercising 77 such power as is provided by general or special law to provide 78 or fund services for seniors. 79 (3) COUNCIL MEMBERSHIP.— 80 (a) The district shall be governed by a 10-member council 81 consisting of: 82 1. Four 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 services for the elderly. 87 c. The director of the Adult Services Program at the 88 Department of Children and Family Services, or a designee. 89 d. The statewide services administrator at the Department 90 of Health, or a designee who may be the senior administrator of 91 the county health department. 92 2. Two members appointed for 2-year terms by a majority of 93 the county governing body, one of whom shall represent the board 94 of county commissioners and one of whom shall be the county 95 representative of the Florida League of Cities. 96 3. Four members appointed by the Governor and representing, 97 to the greatest extent possible, the cultural diversity of the 98 county’s population, of which at least one member is 60 years of 99 age or older. All members appointed by the Governor must have 100 been county residents during the previous 24 months. 101 a. Three names shall be submitted for each appointment to 102 the Governor by the county governing body. The Governor shall 103 make a selection within 45 days following receipt or request a 104 new list of candidates. 105 b. The appointees shall be appointed to 4-year terms and 106 may be reappointed for one additional term of office. The length 107 of the terms of the initial appointees shall be adjusted to 108 stagger the terms. 109 c. The Governor may remove any of his or her appointees for 110 cause or upon the written petition of the county governing body. 111 If any council member appointed by the Governor resigns, dies, 112 or is removed from office, the vacancy shall be filled by the 113 Governor, using the same method as the original appointment, and 114 the new member shall be appointed for the remainder of the 115 unexpired term. 116 (b) Members of the council shall serve without 117 compensation. 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 officers are elected, identify and 124 assess the needs of seniors within the county and submit a 125 written report to the county governing body which describes: 126 a. The activities, services, and opportunities that will be 127 provided to seniors. 128 b. The manner in which seniors will be served, including a 129 description of arrangements and agreements that will be made 130 with community organizations, state and local educational 131 agencies, federal agencies, public assistance agencies, the 132 court system, guardianship groups, and other applicable public 133 and private agencies and organizations. 134 c. The anticipated schedule for providing those activities, 135 services, and opportunities. 136 d. The special outreach efforts that will be undertaken to 137 provide services to seniors who are at risk, abused, neglected, 138 or ailing. 139 e. The manner in which the council will seek and obtain 140 funding for unmet needs. 141 f. The strategy for interagency coordination in order to 142 maximize existing human and fiscal resources. 143 3. Provide training and orientation to all new members to 144 allow them to perform their duties. 145 4. Make and adopt bylaws and rules for the council’s 146 guidance, operation, governance, and maintenance which are 147 consistent with applicable federal or state laws or county 148 ordinances. 149 5. Provide an annual written report, to be presented no 150 later than January 1, to the county governing body. At a 151 minimum, the annual report must include: 152 a. Information on the effectiveness of activities, 153 services, and programs offered by the district, including cost 154 effectiveness. 155 b. A detailed anticipated budget for the continuation of 156 activities, services, and programs offered by the district and a 157 list of all sources of funding. 158 c. Procedures used for the early identification of at-risk 159 seniors who need additional or continued services, and methods 160 for ensuring that the additional or continued services are 161 received. 162 d. A description of the degree to which the district’s 163 objectives and activities are meeting the goals of this section. 164 e. Detailed information on the district’s various programs, 165 services, and activities available to seniors. 166 f. Information on district programs, services, and 167 activities that should be eliminated; programs, services, and 168 activities that should be continued; and programs, services, and 169 activities that should be added to the basic responsibilities of 170 the district. 171 (b) The council may: 172 1. Provide and maintain in the county the preventive, 173 developmental, treatment, rehabilitative, and other services for 174 seniors which the council determines are needed for the general 175 welfare of such persons. 176 2. Allocate and provide funds to other county agencies that 177 operate for the benefit of seniors. 178 3. Collect information and statistical data and conduct 179 research and assessments that are helpful to the council and the 180 county in determining the needs of seniors in the county. 181 4. Consult and coordinate with other agencies providing 182 services dedicated to the welfare of seniors in order to prevent 183 the duplication of services. 184 5. Seek grants from state, federal, and local agencies and 185 accept donations from all sources. 186 6. Lease or buy real estate, equipment, and personal 187 property and construct buildings as needed to carry out the 188 powers, functions, and duties of the district, except that such 189 purchases may not be made or buildings constructed unless paid 190 for with cash on hand or secured by funds deposited in a 191 financial institution. 192 7. Employ, pay, and provide benefits for any part-time or 193 full-time personnel needed to carry out the powers, functions, 194 and duties of the district. 195 (c) Two or more districts may enter into a cooperative 196 agreement to: 197 1. Share administrative costs, including staff and office 198 space, if a more efficient or effective operation will result. 199 The cooperative agreement must include provisions for 200 apportioning costs between the districts, keeping separate and 201 distinct financial records for each district, and resolving any 202 conflicts that might arise under the agreement. 203 2. Seek grants, accept donations, or jointly fund programs 204 serving multicounty areas. The cooperative agreement must 205 include provisions for the adequate accounting of separate and 206 joint funds. 207 (d) The council shall maintain minutes of each meeting, 208 including a record of all votes cast, and shall make such 209 minutes available to any interested person. 210 (5) DISTRICT BUDGET.— 211 (a) On or before July 1 of each year, the council shall, 212 pursuant to s. 189.418, Florida Statutes, prepare a tentative 213 annual budget of the district’s expected income and 214 expenditures, including a contingency fund. In addition, the 215 council shall compute a proposed millage rate, not to exceed 0.5 216 mills of assessed value, as necessary to fund the tentative 217 budget. The council must comply with the requirements of s. 218 200.065, Florida Statutes. 219 (b) After the district’s budget is certified and delivered 220 to the county governing body, the budget may not be changed or 221 modified by the governing body or any other authority. 222 (c) As soon after collection as is reasonably practicable, 223 all taxes collected under this section shall be paid directly to 224 the district by the county’s revenue-collection entity. 225 (d) All moneys received by the district must be deposited 226 in qualified public depositories, as defined in s. 280.02, 227 Florida Statutes, with separate and distinguishable accounts 228 established specifically for the district, and may be withdrawn 229 only by checks signed by the chair of the council and 230 countersigned by one other member of the council or by a chief 231 executive officer authorized by the council. 232 1. Upon taking office, the chair and the other member of 233 the council or chief executive officer authorized to sign checks 234 shall each file a surety bond in the sum of at least $1,000 for 235 each $1 million, or portion thereof, of the district’s annual 236 budget, which shall be conditioned upon the faithful discharge 237 of the duties of his or her office. The premium on such bond may 238 be paid by the district as part of the expenses of the council. 239 Other members of the council are not required to give bond or 240 other security. 241 2. Funds of the district may not be expended except by 242 check, except for expenditures of up to $100, which may be made 243 from a petty cash account. All expenditures from petty cash must 244 be recorded on the books and records of the council. District 245 funds, except expenditures from petty cash, may not be expended 246 without prior approval of the council, in addition to the 247 budgeting thereof. 248 (e) Within 10 business days after the expiration of each 249 annual quarter, the council shall prepare and file with the 250 county governing body a financial report that includes: 251 1. The council’s total expenditures for the quarter. 252 2. The council’s total receipts during the quarter. 253 3. A statement of the funds the council has on hand, has 254 invested, or has deposited at the end of the quarter. 255 4. The council’s total administrative costs for the 256 quarter. 257 (f) The council may not require any service provider to 258 provide additional matching funds as a condition of providing 259 district services or programs to seniors. 260 (g) It is the intent of the Legislature that the funds 261 collected pursuant to this section be used to support 262 improvements in services for seniors and that such funds not be 263 used as a substitute for existing resources or for resources 264 that would otherwise be available for such services. 265 Section 2. The Division of Statutory Revision is requested 266 to place this section in part V of chapter 125, Florida 267 Statutes, and to appropriately retitle that part. 268 Section 3. This act shall take effect July 1, 2010.
