| 1 | A bill to be entitled |
| 2 | An act relating to services for seniors; creating s. |
| 3 | 125.903, F.S.; authorizing each county to create an |
| 4 | independent special district to provide funding for |
| 5 | services for seniors; requiring a district charter; |
| 6 | requiring approval by a majority vote of electors to |
| 7 | annually levy ad valorem taxes not to exceed a certain |
| 8 | maximum; requiring a referendum; creating a governing body |
| 9 | for the special district; specifying criteria for |
| 10 | membership to the governing body; providing terms of |
| 11 | office; clarifying that a county may provide services for |
| 12 | seniors or create a special district to provide such |
| 13 | services by general or special law; specifying the powers |
| 14 | and functions of a senior council on services for seniors; |
| 15 | requiring each senior council to appoint a chair and a |
| 16 | vice chair and elect officers, to identify and assess the |
| 17 | needs of the seniors in the county served by the senior |
| 18 | council, to provide training and orientation to new |
| 19 | members of the senior council, to make and adopt bylaws |
| 20 | and rules for the senior council's operation and |
| 21 | governance, and to provide an annual written report to the |
| 22 | governing body of the county; requiring the senior council |
| 23 | to maintain minutes of each meeting and to serve without |
| 24 | compensation; requiring the senior council to prepare a |
| 25 | tentative annual budget and to compute a millage rate to |
| 26 | fund the tentative budget; requiring that all tax moneys |
| 27 | collected be paid directly to the senior council by the |
| 28 | tax collector of the county and deposited in qualified |
| 29 | public depositories; specifying expenditures of funds; |
| 30 | requiring the senior council to prepare and file a |
| 31 | financial report with the governing body of the county; |
| 32 | providing that a district may be dissolved by a special |
| 33 | act of the Legislature or by ordinance by the governing |
| 34 | body of the county; specifying obligations of the county |
| 35 | if a district is dissolved; authorizing the governing body |
| 36 | of a county to fund the budget of the senior council from |
| 37 | its own funds after or during the senior council's first |
| 38 | year of operation; requiring a special district to comply |
| 39 | with statutory requirements related to the filing of a |
| 40 | financial or compliance report; authorizing a county to |
| 41 | create a dependent special district to provide certain |
| 42 | services for seniors; authorizing the district to seek |
| 43 | grants and accept donations from public and private |
| 44 | sources; providing legislative intent with respect to the |
| 45 | use of funds collected by a senior council; providing that |
| 46 | two or more senior councils may enter into a cooperative |
| 47 | agreement to share administrative costs, staff, and office |
| 48 | space and seek grants, accept donations, or jointly fund |
| 49 | programs serving multicounty areas; prohibiting senior |
| 50 | councils or districts from requiring matching funds from |
| 51 | certain service providers as a condition to provision of |
| 52 | services by the senior council or district; renaming part |
| 53 | V of chapter 125, F.S.; amending s. 189.404, F.S.; |
| 54 | revising county authority to create an independent special |
| 55 | district to include a reference to s. 125.903, F.S.; |
| 56 | providing an effective date. |
| 57 |
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| 58 | Be It Enacted by the Legislature of the State of Florida: |
| 59 |
|
| 60 | Section 1. Section 125.903, Florida Statutes, is created |
| 61 | to read: |
| 62 | 125.903 Services for seniors; independent special |
| 63 | district; senior council; powers, duties, and functions.-- |
| 64 | (1) Each county may by ordinance create an independent |
| 65 | special district, as defined in ss. 189.403(3) and |
| 66 | 200.001(8)(e), to provide funding for services for seniors |
| 67 | throughout the county in accordance with this section. Such |
| 68 | ordinance shall create a district charter that addresses and |
| 69 | contains the minimum requirements required by s. 189.404(3). The |
| 70 | boundaries of such district must be coterminous with the |
| 71 | boundaries of the county. The county governing body shall obtain |
| 72 | approval, by a majority vote of those electors voting on the |
| 73 | question, to annually levy ad valorem taxes that may not exceed |
| 74 | the maximum millage rate authorized by this section. Such |
| 75 | approval shall be obtained by submitting the question to a |
| 76 | referendum of the qualified electors in the county. The |
| 77 | referendum shall be held in conjunction with the next regularly |
| 78 | scheduled general election, in accordance with ss. 100.342 and |
| 79 | 100.351. A district created under this subsection shall levy and |
| 80 | fix millage as provided in s. 200.065. Once the millage is |
| 81 | approved by the electorate, the district is not required to seek |
| 82 | approval of the electorate in future years to levy the |
| 83 | previously approved millage. For purposes of this section, the |
| 84 | term "senior" means a person who is at least 60 years of age. |
| 85 | (a) The governing body of the district shall be a senior |
| 86 | council. The senior council shall consist of 11 members, |
| 87 | consisting of the executive director of the area agency on aging |
| 88 | or his or her designee who is a director of senior programs; the |
| 89 | county director of human services or his or her designee who is |
| 90 | a director of elderly services; one member of the board of |
| 91 | county commissioners; two nonvoting members of the legislative |
| 92 | delegation for the county appointed by the delegation chair; two |
| 93 | representatives of the Florida League of Cities, and four |
| 94 | members appointed by the Governor. The executive director of the |
| 95 | area agency on aging and his or her designee and the county |
| 96 | director of human services and his or her designee are permanent |
| 97 | positions. The members appointed from the county commission, the |
| 98 | legislative delegation, and the Florida League of Cities shall |
| 99 | be appointed to 2-year terms each. The four members appointed by |
| 100 | the Governor shall represent, to the greatest extent possible, |
| 101 | the cultural diversity of the county's population. At least one |
| 102 | of the gubernatorial designees must be an individual who is a |
| 103 | caretaker for an elderly person and is 60 years of age or older. |
| 104 | Recommendations for these memberships shall be provided by the |
| 105 | county governing body. Three names shall be submitted for each |
| 106 | vacancy, determined by category. The gubernatorial appointees |
| 107 | shall be appointed to 4-year terms and may be reappointed for |
| 108 | one additional term of office. The Governor shall make a |
| 109 | selection within a 45-day period or request a new list of |
| 110 | candidates. All members appointed by the Governor must have been |
| 111 | residents of the county for the previous 24-month period. The |
| 112 | length of the terms of the initial appointees shall be adjusted |
| 113 | to stagger the terms. The Governor may remove a member for cause |
| 114 | or upon the written petition of the county governing body. If |
| 115 | any of the members of the senior council required to be |
| 116 | appointed by the Governor resigns, dies, or is removed from |
| 117 | office, the vacancy shall be filled by appointment by the |
| 118 | Governor, using the same method as the original appointment, and |
| 119 | such appointment to fill a vacancy shall be for the unexpired |
| 120 | term of the member who resigns, dies, or is removed from office. |
| 121 | (b) This subsection does not prohibit a county from |
| 122 | exercising the power authorized by general or special law to |
| 123 | provide services for seniors or to create a special district to |
| 124 | provide those services. |
| 125 | (2)(a) Each senior council may: |
| 126 | 1. Provide and maintain in the county the preventive, |
| 127 | treatment, and rehabilitative services for seniors which the |
| 128 | senior council determines are needed for the general welfare of |
| 129 | seniors in the county. |
| 130 | 2. Provide any other services which the senior council |
| 131 | determines are needed for the general welfare of seniors in the |
| 132 | county. |
| 133 | 3. Allocate and provide funds for other agencies in the |
| 134 | county which are operated for the benefit of seniors. |
| 135 | 4. Collect information and statistical data and conduct |
| 136 | research and assessments that will be helpful to the senior |
| 137 | council and the county in deciding the needs of seniors in the |
| 138 | county. |
| 139 | 5. Consult and coordinate with other agencies dedicated to |
| 140 | the welfare of seniors to the end that the overlapping of |
| 141 | services will be prevented. |
| 142 | 6. Lease or buy real estate, equipment, and personal |
| 143 | property and construct buildings as needed to execute the |
| 144 | foregoing powers and functions, except that such purchases may |
| 145 | not be made or building done unless paid for with cash on hand |
| 146 | or secured by funds deposited in financial institutions. This |
| 147 | subparagraph does not authorize a district to issue bonds of any |
| 148 | nature, and a district does not have the power to require the |
| 149 | imposition of any bond by the governing body of the county. |
| 150 | 7. Employ, pay, and provide benefits for any part-time or |
| 151 | full-time personnel needed to execute the foregoing powers and |
| 152 | functions. |
| 153 | (b) Each senior council shall: |
| 154 | 1. Immediately after the members are appointed, elect a |
| 155 | chair and a vice chair from among its members and elect other |
| 156 | officers as deemed necessary by the senior council. |
| 157 | 2. Immediately after the members are appointed and |
| 158 | officers are elected, identify and assess the needs of seniors |
| 159 | in the county served by the senior council and submit to the |
| 160 | governing body of each county a written description of: |
| 161 | a. The activities, services, and opportunities that will |
| 162 | be provided to seniors. |
| 163 | b. The anticipated schedule for providing those |
| 164 | activities, services, and opportunities. |
| 165 | c. The manner in which seniors will be served, including a |
| 166 | description of arrangements and agreements that will be made |
| 167 | with community organizations, state and local educational |
| 168 | agencies, federal agencies, public assistance agencies, the |
| 169 | court system, guardianship groups, and other applicable public |
| 170 | and private agencies and organizations. |
| 171 | d. The special outreach efforts that will be undertaken to |
| 172 | provide services to seniors who are at-risk, abused, or |
| 173 | neglected and ailing. |
| 174 | e. The manner in which the senior council will seek and |
| 175 | provide funding for unmet needs. |
| 176 | f. The strategy that will be used for interagency |
| 177 | coordination to maximize existing human and fiscal resources. |
| 178 | 3. Provide training and orientation to all new members |
| 179 | sufficient to allow them to perform their duties. |
| 180 | 4. Make and adopt bylaws and rules for the senior |
| 181 | council's guidance, operation, governance, and maintenance, if |
| 182 | such rules are not inconsistent with federal or state laws or |
| 183 | county ordinances. |
| 184 | 5. Provide an annual written report, to be presented no |
| 185 | later than January 1, to the governing body of the county. The |
| 186 | annual report must contain, but need not be limited to: |
| 187 | a. Information on the effectiveness of activities, |
| 188 | services, and programs offered by the senior council, including |
| 189 | cost-effectiveness. |
| 190 | b. A detailed anticipated budget for continuation of |
| 191 | activities, services, and programs offered by the senior council |
| 192 | and a list of all sources of requested funding, both public and |
| 193 | private. |
| 194 | c. Procedures used for early identification of at-risk |
| 195 | seniors who need additional or continued services and methods |
| 196 | for ensuring that the additional or continued services are |
| 197 | received. |
| 198 | d. A description of the degree to which the senior |
| 199 | council's objectives and activities are consistent with the |
| 200 | goals of this section. |
| 201 | e. Detailed information on the various programs, services, |
| 202 | and activities available to seniors and the degree to which the |
| 203 | programs, services, and activities have been successfully used |
| 204 | by seniors. |
| 205 | f. Information on programs, services, and activities that |
| 206 | should be eliminated; programs, services, and activities that |
| 207 | should be continued; and programs, services, and activities that |
| 208 | should be added to the basic format of the senior council. |
| 209 | (c) The senior council shall maintain minutes of each |
| 210 | meeting, including a record of all votes cast, and shall make |
| 211 | such minutes available to any interested person. |
| 212 | (d) Members of the senior council shall serve without |
| 213 | compensation but are entitled to receive reimbursement for per |
| 214 | diem and travel expenses consistent with s. 112.061. |
| 215 | (3)(a) The district shall maintain the same fiscal year as |
| 216 | that of the county. |
| 217 | (b) On or before July 1 of each year, the senior council |
| 218 | shall prepare a tentative annual written budget of the |
| 219 | district's expected income and expenditures, including a |
| 220 | contingency fund. The senior council shall, in addition, compute |
| 221 | a proposed millage rate within the voter-approved cap necessary |
| 222 | to fund the tentative budget and, prior to adopting a final |
| 223 | budget, comply with s. 200.065, relating to the method of fixing |
| 224 | millage, and fix the final millage rate by resolution of the |
| 225 | council. The adopted budget and final millage rate must be |
| 226 | certified and delivered to the governing body of the county as |
| 227 | soon as possible following the senior council's adoption of the |
| 228 | final budget and millage rate under chapter 200. Included in |
| 229 | each certified budget shall be the millage rate, adopted by |
| 230 | resolution of the senior council, necessary to be applied to |
| 231 | raise the funds budgeted for district operations and |
| 232 | expenditures. District millage may not exceed 0.5 mills of |
| 233 | assessed valuation of all properties within the county that are |
| 234 | subject to ad valorem county taxes. |
| 235 | (c) After the budget of the district is certified and |
| 236 | delivered to the governing body of the county, the budget may |
| 237 | not be changed or modified by the governing body of the county |
| 238 | or any other authority. |
| 239 | (d) All taxes collected under this section, as soon after |
| 240 | collection as is reasonably practicable, shall be paid directly |
| 241 | to the senior council by the tax collector of the county or the |
| 242 | clerk of the circuit court, if the clerk collects delinquent |
| 243 | taxes. |
| 244 | (e)1. All moneys received by the senior council shall be |
| 245 | deposited in qualified public depositories, as defined in s. |
| 246 | 280.02, with separate and distinguishable accounts established |
| 247 | specifically for the senior council and may be withdrawn only by |
| 248 | checks signed by the chair of the senior council and |
| 249 | countersigned by one other member of the senior council or by a |
| 250 | chief executive officer authorized by the senior council. |
| 251 | 2. Upon entering the duties of office, the chair and the |
| 252 | other member of the senior council or chief executive officer |
| 253 | who signs its checks shall each give a surety bond in the sum of |
| 254 | at least $1,000 for each $1 million or fraction thereof of the |
| 255 | senior council's annual budget, which bond shall be conditioned |
| 256 | upon the faithful discharge of the duties of his or her office. |
| 257 | The premium on such bond may be paid by the district as part of |
| 258 | the expense of the senior council. Other members of the senior |
| 259 | council may not be required to give bond or other security. |
| 260 | 3. Funds of the district may only be expended by check, |
| 261 | except expenditures from a petty cash account, which account may |
| 262 | not at any time exceed $100. All expenditures from petty cash |
| 263 | must be recorded on the books and records of the senior council. |
| 264 | Funds of the senior council, except expenditures from petty |
| 265 | cash, may not be expended without prior approval of the senior |
| 266 | council, in addition to the budgeting thereof. |
| 267 | (f) Within 10 days, exclusive of weekends and legal |
| 268 | holidays, after the expiration of each quarter-annual period, |
| 269 | the senior council shall prepare and file with the governing |
| 270 | body of the county a financial report that includes: |
| 271 | 1. The total expenditures of the senior council for the |
| 272 | quarter-annual period. |
| 273 | 2. The total receipts of the senior council during the |
| 274 | quarter-annual period. |
| 275 | 3. A statement of the funds the senior council has on |
| 276 | hand, has invested, or has deposited with qualified public |
| 277 | depositories at the end of the quarter-annual period. |
| 278 | 4. The total administrative costs of the senior council |
| 279 | for the quarter-annual period. |
| 280 | (4) Any district created under this section may be |
| 281 | dissolved by a special act of the Legislature, or the county |
| 282 | governing body may by ordinance dissolve the district subject to |
| 283 | the approval of the electorate. If any district is dissolved |
| 284 | under this subsection, each county shall first obligate itself |
| 285 | to assume the debts, liabilities, contracts, and outstanding |
| 286 | obligations of the district within the total millage available |
| 287 | to the county governing body for all county and municipal |
| 288 | purposes as provided for under section 9, Article VII of the |
| 289 | State Constitution. Any district may also be dissolved under s. |
| 290 | 189.4042. |
| 291 | (5) After or during the first year of operation of the |
| 292 | senior council, the governing body of the county, at its option, |
| 293 | may fund in whole or in part the budget of the senior council |
| 294 | from its own funds. |
| 295 | (6) Any district created under this section shall comply |
| 296 | with all other statutory requirements of general application |
| 297 | that relate to the filing of any financial reports or compliance |
| 298 | reports required under part III of chapter 218, or any other |
| 299 | report or documentation required by law, including the |
| 300 | requirements of ss. 189.415, 189.417, and 189.418. |
| 301 | (7)(a) Each county may by ordinance create a dependent |
| 302 | special district within the boundaries of the county for the |
| 303 | purpose of providing preventive, developmental, treatment, and |
| 304 | rehabilitative services for seniors. The district may seek |
| 305 | grants from state, federal, and local agencies and accept |
| 306 | donations from public and private sources if the district |
| 307 | complies with paragraphs (1)(a) and (2)(b) and has a budget that |
| 308 | requires approval through an affirmative vote of the governing |
| 309 | body of the county or that may be vetoed by the governing body |
| 310 | of the county. |
| 311 | (b) If the provisions of a county charter relating to the |
| 312 | membership of the governing board of a dependent special |
| 313 | district conflict with paragraph (1)(a), a county may by |
| 314 | ordinance create a dependent special district within the |
| 315 | boundaries of the county for the purpose of providing |
| 316 | preventive, developmental, treatment, and rehabilitative |
| 317 | services for seniors, and the district may seek grants from |
| 318 | state, federal, and local agencies and accept donations from |
| 319 | public and private sources if the district complies with |
| 320 | paragraph (2)(b) and has a budget that requires approval through |
| 321 | an affirmative vote of the governing body of the county or that |
| 322 | may be vetoed by the governing body of the county. |
| 323 | (8) It is the intent of the Legislature that the funds |
| 324 | collected under this section be used to support improvements in |
| 325 | services for seniors and that such funds not be used as a |
| 326 | substitute for existing resources or for resources that would |
| 327 | otherwise be available for services for seniors. |
| 328 | (9) Two or more senior councils may enter into a |
| 329 | cooperative agreement to share administrative costs, including, |
| 330 | but not limited to, staff and office space, if a more efficient |
| 331 | or effective operation will result. The cooperative agreement |
| 332 | must include provisions on apportioning costs between the senior |
| 333 | councils, keeping separate and distinct financial records for |
| 334 | each senior council, and resolving any conflicts that might |
| 335 | arise under the cooperative agreement. |
| 336 | (10) Two or more senior councils may enter into a |
| 337 | cooperative agreement to seek grants, accept donations, or |
| 338 | jointly fund programs serving multicounty areas. The cooperative |
| 339 | agreement must include provisions for the adequate accounting of |
| 340 | separate and joint funds. |
| 341 | (11) Senior councils or districts shall not require any |
| 342 | public or private service provider to provide additional |
| 343 | matching funds as a condition of the senior council's or |
| 344 | district's providing services or programs to seniors. |
| 345 | Section 2. Part V of chapter 125, Florida Statutes, |
| 346 | consisting of sections 125.901, 125.902, and 125.903, Florida |
| 347 | Statutes, and entitled "Children's Services," is renamed as |
| 348 | "Human Services." |
| 349 | Section 3. Paragraph (b) of subsection (4) of section |
| 350 | 189.404, Florida Statutes, is amended to read: |
| 351 | 189.404 Legislative intent for the creation of independent |
| 352 | special districts; special act prohibitions; model elements and |
| 353 | other requirements; general-purpose local government/Governor |
| 354 | and Cabinet creation authorizations.-- |
| 355 | (4) LOCAL GOVERNMENT/GOVERNOR AND CABINET CREATION |
| 356 | AUTHORIZATIONS.--Except as otherwise authorized by general law, |
| 357 | only the Legislature may create independent special districts. |
| 358 | (b) A county may create an independent special district |
| 359 | which shall be adopted by a charter in accordance with s. |
| 360 | 125.901, s. 125.903, or s. 154.331 or chapter 155, or which |
| 361 | shall be established by ordinance in accordance with s. 190.005, |
| 362 | or as otherwise authorized by general law. |
| 363 | Section 4. This act shall take effect upon becoming a law. |