Senate Bill sb2810

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    Florida Senate - 2006        (NP)                      SB 2810

    By Senator Rich





    34-1927-06                                          See HB 971

  1                      A bill to be entitled

  2         An act relating to Broward County; creating the

  3         Broward County Council for Services for

  4         Seniors; creating an independent special

  5         district to provide funding for services for

  6         seniors; requiring approval by a majority vote

  7         of electors to annually levy ad valorem taxes

  8         not to exceed a certain maximum; creating a

  9         governing board for the district; specifying

10         criteria for membership of the governing board;

11         providing terms of office; specifying the

12         powers and functions of the council; requiring

13         the council to elect a chair, vice chair, and

14         officers, to identify and assess the needs of

15         seniors, to provide training and orientation to

16         new members of the council, to make and adopt

17         bylaws and rules for the council's operation

18         and governance, and to provide an annual report

19         to the Broward County Board of County

20         Commissioners; requiring the council to

21         maintain minutes of each meeting and to serve

22         without compensation; requiring the council to

23         prepare a tentative annual budget and to

24         compute a millage rate to fund the tentative

25         budget; requiring that all tax moneys collected

26         be paid directly to the council by the Broward

27         County Tax Collector and deposited in qualified

28         public depositories; specifying expenditures of

29         funds; requiring the council to prepare and

30         file a financial report to the Broward County

31         Board of County Commissioners; providing that

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    Florida Senate - 2006        (NP)                      SB 2810
    34-1927-06                                          See HB 971




 1         the district may be amended or dissolved by a

 2         special act of the Legislature; authorizing the

 3         Broward County Board of County Commissioners to

 4         fund the budget of the council from its own

 5         funds after or during the council's first year

 6         of operation; requiring the district to comply

 7         with statutory requirements related to the

 8         filing of a financial or compliance report;

 9         authorizing the district to seek grants and

10         accept donations from public and private

11         sources; providing legislative intent with

12         respect to the use of funds collected by the

13         council; requiring a referendum; providing a

14         ballot statement; providing an effective date.

15  

16         WHEREAS, the Legislature has determined that it would

17  serve the public interest to establish an independent special

18  district to provide services to seniors within Broward County,

19  NOW, THEREFORE,

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Services for seniors; independent special

24  district; council; powers, duties, and functions.--

25         (1)  There is hereby created an independent special

26  district, as defined in sections 189.403 and 200.001, Florida

27  Statutes, to provide funding for services for seniors

28  throughout Broward County in accordance with this act. The

29  boundaries of such district shall be coterminous with the

30  boundaries of Broward County. The district created pursuant to

31  this act shall levy and fix millage as provided in section

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    Florida Senate - 2006        (NP)                      SB 2810
    34-1927-06                                          See HB 971




 1  200.065, Florida Statutes. Once the millage is approved by the

 2  electorate, the district is not required to seek approval of

 3  the electorate in future years to levy the previously approved

 4  millage. For purposes of this section, the term "senior" means

 5  a person who is at least 60 years of age.

 6         (2)  The governing board of the district shall be the

 7  Broward County Council for Services for Seniors. The council

 8  shall consist of 11 members, including the Executive Director

 9  of the Area Agency on Aging of Broward County or his or her

10  designee who is a director of senior programs; the Broward

11  County Director of Human Services or his or her designee who

12  is a director of senior services; one member of the Broward

13  County Board of County Commissioners; two nonvoting members of

14  the Broward County Legislative Delegation appointed by the

15  delegation chair; and two representatives of the Broward

16  League of Cities appointed by the President of the League of

17  Cities. The Executive Director of the Area Agency on Aging of

18  Broward County or his or her designee and the Broward County

19  Director of Human Services or his or her designee are

20  permanent positions. The members appointed from the Broward

21  County Board of County Commissioners, the Broward County

22  Legislative Delegation, and the Broward League of Cities shall

23  be appointed to 2-year terms each. The other four members

24  shall be appointed by the Governor and shall represent, to the

25  greatest extent possible, the cultural diversity of Broward

26  County's population. At least one of the gubernatorial

27  appointees must be an individual who is both a caretaker for a

28  senior and 60 years of age or older. Recommendations for these

29  members shall be provided by the Broward County Board of

30  County Commissioners. Three names shall be submitted for each

31  vacancy, determined by category. The gubernatorial appointees

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    Florida Senate - 2006        (NP)                      SB 2810
    34-1927-06                                          See HB 971




 1  shall be appointed to 4-year terms and may be reappointed for

 2  one additional term of office. The Governor shall make a

 3  selection within a 45-day period or request a new list of

 4  candidates. All members appointed by the Governor must have

 5  been residents of Broward County for the previous 24 months.

 6  The length of the terms of the initial appointees shall be

 7  adjusted to stagger the terms. The Governor may remove a

 8  member for cause or upon the written petition of the Broward

 9  County Board of County Commissioners. If any of the members of

10  the council appointed by the Governor resign, die, or are

11  removed from office, the vacancy shall be filled by

12  appointment by the Governor using the same method as the

13  original appointment, and such appointment to fill a vacancy

14  shall be for the unexpired term of the member who resigns,

15  dies, or is removed from office.

16         (3)(a)  The Broward County Council for Services for

17  Seniors may:

18         1.  Provide and maintain in the county the preventive,

19  developmental, treatment, and rehabilitative services for

20  seniors the council determines are needed for the general

21  welfare of seniors.

22         2.  Provide any other services the council determines

23  are needed for the general welfare of seniors in the county.

24         3.  Allocate and provide funds for other agencies in

25  the county that are operated for the benefit of seniors.

26         4.  Collect information and statistical data and

27  conduct research and assessments that will be helpful to the

28  council and the county in deciding the needs of seniors in the

29  county.

30  

31  

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    Florida Senate - 2006        (NP)                      SB 2810
    34-1927-06                                          See HB 971




 1         5.  Consult and coordinate with other agencies

 2  dedicated to the welfare of seniors to the end that the

 3  overlapping of services will be prevented.

 4         6.  Seek grants from state, federal, and local agencies

 5  and accept donations from public and private sources.

 6         7.  Lease or buy real estate, equipment, and personal

 7  property and construct buildings as needed to execute the

 8  foregoing powers and functions, except that such purchases or

 9  construction may only be paid for with cash on hand or secured

10  by funds deposited in financial institutions. This

11  subparagraph does not authorize the district to issue bonds of

12  any nature, and the district does not have the power to

13  require the imposition of any bond by the governing body of

14  the county.

15         8.  Employ, pay, and provide benefits for any part-time

16  or full-time personnel needed to execute the foregoing powers

17  and functions.

18         (b)  The Broward County Council for Services for

19  Seniors shall:

20         1.  Immediately after the members are appointed, elect

21  a chair and vice chair from among its members and elect other

22  officers as deemed necessary by the council.

23         2.  As soon as possible after the members are appointed

24  and officers are elected, identify and assess the needs of

25  seniors in the county and submit to the Broward County Board

26  of County Commissioners a written description of:

27         a.  The activities, services, and opportunities that

28  will be provided to seniors.

29         b.  The anticipated schedule for providing those

30  activities, services, and opportunities.

31  

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    Florida Senate - 2006        (NP)                      SB 2810
    34-1927-06                                          See HB 971




 1         c.  The manner in which seniors will be served,

 2  including a description of arrangements and agreements that

 3  will be made with community organizations, state and local

 4  agencies, federal agencies, public assistance agencies, the

 5  court system, guardianship groups, and other applicable public

 6  and private agencies and organizations.

 7         d.  The special outreach efforts that will be

 8  undertaken to provide services to at-risk, abused, or

 9  neglected and ailing seniors.

10         e.  The manner in which the council will seek and

11  provide funding for unmet needs.

12         f.  The strategy that will be used for interagency

13  coordination to maximize existing human and fiscal resources.

14         3.  Provide training and orientation to all new members

15  sufficient to allow them to perform their duties.

16         4.  Make and adopt bylaws and rules for the council's

17  guidance, operation, governance, and maintenance not

18  inconsistent with federal or state laws or county ordinances.

19         5.  Provide an annual written report, to be presented

20  no later than January 1, to the Broward County Board of County

21  Commissioners. The annual report must contain, but need not be

22  limited to:

23         a.  Information on the effectiveness of activities,

24  services, and programs offered by the council, including

25  cost-effectiveness.

26         b.  A detailed anticipated budget for continuation of

27  activities, services, and programs offered by the council and

28  a list of all sources of requested funding, both public and

29  private.

30         c.  Procedures used for early identification of at-risk

31  seniors who need additional or continued services and methods

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    Florida Senate - 2006        (NP)                      SB 2810
    34-1927-06                                          See HB 971




 1  for ensuring that the additional or continued services are

 2  provided.

 3         d.  A description of the degree to which the council's

 4  objectives and activities are consistent with the goals of

 5  this section.

 6         e.  Detailed data on the various programs, services,

 7  and activities available to seniors.

 8         f.  Information on programs, services, and activities

 9  that should be eliminated; programs, services, and activities

10  that should be continued; and programs, services, and

11  activities that should be added to the basic format of the

12  council.

13         (c)  The council shall maintain minutes of each

14  meeting, including a record of all votes cast, and shall make

15  such minutes available to any interested person.

16         (d)  Members of the council shall serve without

17  compensation but are entitled to receive reimbursement for per

18  diem and travel expenses consistent with section 112.061,

19  Florida Statutes.

20         (4)(a)  The district shall maintain the same fiscal

21  year as Broward County.

22         (b)  On or before July 1 of each year, the council

23  shall prepare a tentative annual written budget of the

24  district's expected income and expenditures, including a

25  contingency fund. The council shall, in addition, compute a

26  proposed millage rate within the voter-approved cap necessary

27  to fund the tentative budget and, prior to adopting a final

28  budget, comply with section 200.065, Florida Statutes,

29  relating to the method of fixing millage, and fix the final

30  millage rate by resolution of the council. The adopted budget

31  and final millage rate must be certified and delivered to the

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    Florida Senate - 2006        (NP)                      SB 2810
    34-1927-06                                          See HB 971




 1  Broward County Board of County Commissioners within 15 days

 2  following the council's adoption of the final budget and

 3  millage rate under chapter 200, Florida Statutes. Included in

 4  each certified budget shall be the millage rate, adopted by

 5  resolution of the council, necessary to be applied to raise

 6  the funds budgeted for district operations and expenditures.

 7  District millage may not exceed 0.5 mills of assessed

 8  valuation of all properties within Broward County that are

 9  subject to ad valorem county taxes.

10         (c)  After the budget of the district is certified and

11  delivered to the Broward County Board of County Commissioners,

12  the budget may not be changed or modified by the Broward

13  County Board of County Commissioners or any other authority.

14         (d)  All taxes collected under this section, as soon

15  after collection as is reasonably practicable, shall be paid

16  directly to the council by the Broward County Revenue

17  Collection Division.

18         1.  All moneys received by the council shall be

19  deposited in qualified public depositories, as defined in

20  section 280.02, Florida Statutes, with separate and

21  distinguishable accounts established specifically for the

22  council and may be withdrawn only by checks signed by the

23  chair of the council and countersigned by one other member of

24  the council or by a chief executive officer authorized by the

25  council.

26         2.  Upon entering the duties of office, the chair and

27  the other member of the council or chief executive officer who

28  signs its checks shall each file a surety bond in the sum of

29  at least $1,000 for each $1 million or portion thereof of the

30  council's annual budget, which bond shall be conditioned upon

31  the faithful discharge of the duties of his or her office. The

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    Florida Senate - 2006        (NP)                      SB 2810
    34-1927-06                                          See HB 971




 1  premium on such bond may be paid by the district as part of

 2  the expenses of the council. Other members of the council may

 3  not be required to give bond or other security.

 4         3.  Funds of the district may only be expended by

 5  check, except expenditures from a petty cash account, which

 6  account may not at any time exceed $100. All expenditures from

 7  petty cash must be recorded on the books and records of the

 8  council. Funds of the council, except expenditures from petty

 9  cash, may not be expended without prior approval of the

10  council, in addition to the budgeting thereof.

11         (e)  Within 10 days, exclusive of weekends and legal

12  holidays, after the expiration of each quarter-annual period,

13  the council shall prepare and file with the Broward County

14  Board of County Commissioners a financial report that

15  includes:

16         1.  The total expenditures of the council for the

17  quarter-annual period.

18         2.  The total receipts of the council during the

19  quarter-annual period.

20         3.  A statement of the funds the council has on hand,

21  has invested, or has deposited with qualified public

22  depositories at the end of the quarter-annual period.

23         4.  The total administrative costs of the council for

24  the quarter-annual period.

25         (5)  The district created under this act may be amended

26  or dissolved by a special act of the Legislature.

27         (6)  After or during the first year of operation of the

28  council, the Broward County Board of County Commissioners, at

29  its option, may fund in whole or in part the budget of the

30  council from its own funds.

31  

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    Florida Senate - 2006        (NP)                      SB 2810
    34-1927-06                                          See HB 971




 1         (7)  The district created under this act shall comply

 2  with all other statutory requirements of general application

 3  that relate to the filing of any financial reports or

 4  compliancy reports required under part III of chapter 218,

 5  Florida Statutes, or any other report or documentation

 6  required by law, including the requirements of sections

 7  189.415, 189.417, and 189.418, Florida Statutes.

 8         Section 2.  Referendum.--The Broward County Board of

 9  County Commissioners is directed to call and the Supervisor of

10  Elections of Broward County shall conduct a special referendum

11  election to be held in conjunction with the primary election

12  held on September 5, 2006, to carry out the purposes and

13  intent of this act and to do all things necessary to implement

14  and fund the Broward County Council for Services for Seniors

15  and the independent special district created hereby in

16  accordance with the terms of this act and the laws pertaining

17  to elections. The item shall appear on the ballot as follows:

18  

19  Creating the Council for Services for Seniors and

20  authorization of taxation

21  

22  An independent special district known as the "Broward County

23  Council for Services for Seniors" is created to fund the

24  improvement and availability of services for seniors by

25  levying each year an ad valorem tax not to exceed 0.5 mills

26  for services for seniors.

27  

28  Yes ___

29  No  ___

30         Section 3.  This act shall take effect only upon

31  approval by a majority vote of those qualified electors of

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    Florida Senate - 2006        (NP)                      SB 2810
    34-1927-06                                          See HB 971




 1  Broward County voting in a referendum election to be called by

 2  the Broward County Board of County Commissioners and held in

 3  conjunction with the primary election held on September 5,

 4  2006, in accordance with the provisions of law relating to

 5  elections currently in force, except that this section and

 6  section 2 shall take effect upon becoming a law.

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