HB 971

1
A bill to be entitled
2An act relating to Broward County; creating the Broward
3County Council for Services for Seniors; creating an
4independent special district to provide funding for
5services for seniors; requiring approval by a majority
6vote of electors to annually levy ad valorem taxes not to
7exceed a certain maximum; creating a governing board for
8the district; specifying criteria for membership of the
9governing board; providing terms of office; specifying the
10powers and functions of the council; requiring the council
11to elect a chair, vice chair, and officers, to identify
12and assess the needs of seniors, to provide training and
13orientation to new members of the council, to make and
14adopt bylaws and rules for the council's operation and
15governance, and to provide an annual report to the Broward
16County Board of County Commissioners; requiring the
17council to maintain minutes of each meeting and to serve
18without compensation; requiring the council to prepare a
19tentative annual budget and to compute a millage rate to
20fund the tentative budget; requiring that all tax moneys
21collected be paid directly to the council by the Broward
22County Tax Collector and deposited in qualified public
23depositories; specifying expenditures of funds; requiring
24the council to prepare and file a financial report to the
25Broward County Board of County Commissioners; providing
26that the district may be amended or dissolved by a special
27act of the Legislature; authorizing the Broward County
28Board of County Commissioners to fund the budget of the
29council from its own funds after or during the council's
30first year of operation; requiring the district to comply
31with statutory requirements related to the filing of a
32financial or compliance report; authorizing the district
33to seek grants and accept donations from public and
34private sources; providing legislative intent with respect
35to the use of funds collected by the council; requiring a
36referendum; providing a ballot statement; providing an
37effective date.
38
39     WHEREAS, the Legislature has determined that it would
40serve the public interest to establish an independent
41special district to provide services to seniors within
42Broward County, NOW, THEREFORE,
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  Services for seniors; independent special
47district; council; powers, duties, and functions.--
48     (1)  There is hereby created an independent special
49district, as defined in sections 189.403 and 200.001, Florida
50Statutes, to provide funding for services for seniors throughout
51Broward County in accordance with this act. The boundaries of
52such district shall be coterminous with the boundaries of
53Broward County. The district created pursuant to this act shall
54levy and fix millage as provided in section 200.065, Florida
55Statutes. Once the millage is approved by the electorate, the
56district is not required to seek approval of the electorate in
57future years to levy the previously approved millage. For
58purposes of this section, the term "senior" means a person who
59is at least 60 years of age.
60     (2)  The governing board of the district shall be the
61Broward County Council for Services for Seniors. The council
62shall consist of 11 members, including the Executive Director of
63the Area Agency on Aging of Broward County or his or her
64designee who is a director of senior programs; the Broward
65County Director of Human Services or his or her designee who is
66a director of senior services; one member of the Broward County
67Board of County Commissioners; two nonvoting members of the
68Broward County Legislative Delegation appointed by the
69delegation chair; and two representatives of the Broward League
70of Cities appointed by the President of the League of Cities.
71The Executive Director of the Area Agency on Aging of Broward
72County or his or her designee and the Broward County Director of
73Human Services or his or her designee are permanent positions.
74The members appointed from the Broward County Board of County
75Commissioners, the Broward County Legislative Delegation, and
76the Broward League of Cities shall be appointed to 2-year terms
77each. The other four members shall be appointed by the Governor
78and shall represent, to the greatest extent possible, the
79cultural diversity of Broward County's population. At least one
80of the gubernatorial appointees must be an individual who is
81both a caretaker for a senior and 60 years of age or older.
82Recommendations for these members shall be provided by the
83Broward County Board of County Commissioners. Three names shall
84be submitted for each vacancy, determined by category. The
85gubernatorial appointees shall be appointed to 4-year terms and
86may be reappointed for one additional term of office. The
87Governor shall make a selection within a 45-day period or
88request a new list of candidates. All members appointed by the
89Governor must have been residents of Broward County for the
90previous 24 months. The length of the terms of the initial
91appointees shall be adjusted to stagger the terms. The Governor
92may remove a member for cause or upon the written petition of
93the Broward County Board of County Commissioners. If any of the
94members of the council appointed by the Governor resign, die, or
95are removed from office, the vacancy shall be filled by
96appointment by the Governor using the same method as the
97original appointment, and such appointment to fill a vacancy
98shall be for the unexpired term of the member who resigns, dies,
99or is removed from office.
100     (3)(a)  The Broward County Council for Services for Seniors
101may:
102     1.  Provide and maintain in the county the preventive,
103developmental, treatment, and rehabilitative services for
104seniors the council determines are needed for the general
105welfare of seniors.
106     2.  Provide any other services the council determines are
107needed for the general welfare of seniors in the county.
108     3.  Allocate and provide funds for other agencies in the
109county that are operated for the benefit of seniors.
110     4.  Collect information and statistical data and conduct
111research and assessments that will be helpful to the council and
112the county in deciding the needs of seniors in the county.
113     5.  Consult and coordinate with other agencies dedicated to
114the welfare of seniors to the end that the overlapping of
115services will be prevented.
116     6.  Seek grants from state, federal, and local agencies and
117accept donations from public and private sources.
118     7.  Lease or buy real estate, equipment, and personal
119property and construct buildings as needed to execute the
120foregoing powers and functions, except that such purchases or
121construction may only be paid for with cash on hand or secured
122by funds deposited in financial institutions. This subparagraph
123does not authorize the district to issue bonds of any nature,
124and the district does not have the power to require the
125imposition of any bond by the governing body of the county.
126     8.  Employ, pay, and provide benefits for any part-time or
127full-time personnel needed to execute the foregoing powers and
128functions.
129     (b)  The Broward County Council for Services for Seniors
130shall:
131     1.  Immediately after the members are appointed, elect a
132chair and vice chair from among its members and elect other
133officers as deemed necessary by the council.
134     2.  As soon as possible after the members are appointed and
135officers are elected, identify and assess the needs of seniors
136in the county and submit to the Broward County Board of County
137Commissioners a written description of:
138     a.  The activities, services, and opportunities that will
139be provided to seniors.
140     b.  The anticipated schedule for providing those
141activities, services, and opportunities.
142     c.  The manner in which seniors will be served, including a
143description of arrangements and agreements that will be made
144with community organizations, state and local agencies, federal
145agencies, public assistance agencies, the court system,
146guardianship groups, and other applicable public and private
147agencies and organizations.
148     d.  The special outreach efforts that will be undertaken to
149provide services to at-risk, abused, or neglected and ailing
150seniors.
151     e.  The manner in which the council will seek and provide
152funding for unmet needs.
153     f.  The strategy that will be used for interagency
154coordination to maximize existing human and fiscal resources.
155     3.  Provide training and orientation to all new members
156sufficient to allow them to perform their duties.
157     4.  Make and adopt bylaws and rules for the council's
158guidance, operation, governance, and maintenance not
159inconsistent with federal or state laws or county ordinances.
160     5.  Provide an annual written report, to be presented no
161later than January 1, to the Broward County Board of County
162Commissioners. The annual report must contain, but need not be
163limited to:
164     a.  Information on the effectiveness of activities,
165services, and programs offered by the council, including cost-
166effectiveness.
167     b.  A detailed anticipated budget for continuation of
168activities, services, and programs offered by the council and a
169list of all sources of requested funding, both public and
170private.
171     c.  Procedures used for early identification of at-risk
172seniors who need additional or continued services and methods
173for ensuring that the additional or continued services are
174provided.
175     d.  A description of the degree to which the council's
176objectives and activities are consistent with the goals of this
177section.
178     e.  Detailed data on the various programs, services, and
179activities available to seniors.
180     f.  Information on programs, services, and activities that
181should be eliminated; programs, services, and activities that
182should be continued; and programs, services, and activities that
183should be added to the basic format of the council.
184     (c)  The council shall maintain minutes of each meeting,
185including a record of all votes cast, and shall make such
186minutes available to any interested person.
187     (d)  Members of the council shall serve without
188compensation but are entitled to receive reimbursement for per
189diem and travel expenses consistent with section 112.061,
190Florida Statutes.
191     (4)(a)  The district shall maintain the same fiscal year as
192Broward County.
193     (b)  On or before July 1 of each year, the council shall
194prepare a tentative annual written budget of the district's
195expected income and expenditures, including a contingency fund.
196The council shall, in addition, compute a proposed millage rate
197within the voter-approved cap necessary to fund the tentative
198budget and, prior to adopting a final budget, comply with
199section 200.065, Florida Statutes, relating to the method of
200fixing millage, and fix the final millage rate by resolution of
201the council. The adopted budget and final millage rate must be
202certified and delivered to the Broward County Board of County
203Commissioners within 15 days following the council's adoption of
204the final budget and millage rate under chapter 200, Florida
205Statutes. Included in each certified budget shall be the millage
206rate, adopted by resolution of the council, necessary to be
207applied to raise the funds budgeted for district operations and
208expenditures. District millage may not exceed 0.5 mills of
209assessed valuation of all properties within Broward County that
210are subject to ad valorem county taxes.
211     (c)  After the budget of the district is certified and
212delivered to the Broward County Board of County Commissioners,
213the budget may not be changed or modified by the Broward County
214Board of County Commissioners or any other authority.
215     (d)  All taxes collected under this section, as soon after
216collection as is reasonably practicable, shall be paid directly
217to the council by the Broward County Revenue Collection
218Division.
219     1.  All moneys received by the council shall be deposited
220in qualified public depositories, as defined in section 280.02,
221Florida Statutes, with separate and distinguishable accounts
222established specifically for the council and may be withdrawn
223only by checks signed by the chair of the council and
224countersigned by one other member of the council or by a chief
225executive officer authorized by the council.
226     2.  Upon entering the duties of office, the chair and the
227other member of the council or chief executive officer who signs
228its checks shall each file a surety bond in the sum of at least
229$1,000 for each $1 million or portion thereof of the council's
230annual budget, which bond shall be conditioned upon the faithful
231discharge of the duties of his or her office. The premium on
232such bond may be paid by the district as part of the expenses of
233the council. Other members of the council may not be required to
234give bond or other security.
235     3.  Funds of the district may only be expended by check,
236except expenditures from a petty cash account, which account may
237not at any time exceed $100. All expenditures from petty cash
238must be recorded on the books and records of the council. Funds
239of the council, except expenditures from petty cash, may not be
240expended without prior approval of the council, in addition to
241the budgeting thereof.
242     (e)  Within 10 days, exclusive of weekends and legal
243holidays, after the expiration of each quarter-annual period,
244the council shall prepare and file with the Broward County Board
245of County Commissioners a financial report that includes:
246     1.  The total expenditures of the council for the quarter-
247annual period.
248     2.  The total receipts of the council during the quarter-
249annual period.
250     3.  A statement of the funds the council has on hand, has
251invested, or has deposited with qualified public depositories at
252the end of the quarter-annual period.
253     4.  The total administrative costs of the council for the
254quarter-annual period.
255     (5)  The district created under this act may be amended or
256dissolved by a special act of the Legislature.
257     (6)  After or during the first year of operation of the
258council, the Broward County Board of County Commissioners, at
259its option, may fund in whole or in part the budget of the
260council from its own funds.
261     (7)  The district created under this act shall comply with
262all other statutory requirements of general application that
263relate to the filing of any financial reports or compliancy
264reports required under part III of chapter 218, Florida
265Statutes, or any other report or documentation required by law,
266including the requirements of sections 189.415, 189.417, and
267189.418, Florida Statutes.
268     Section 2.  Referendum.--The Broward County Board of County
269Commissioners is directed to call and the Supervisor of
270Elections of Broward County shall conduct a special referendum
271election to be held in conjunction with the primary election
272held on September 5, 2006, to carry out the purposes and intent
273of this act and to do all things necessary to implement and fund
274the Broward County Council for Services for Seniors and the
275independent special district created hereby in accordance with
276the terms of this act and the laws pertaining to elections. The
277item shall appear on the ballot as follows:
278
279Creating the Council for Services for Seniors and authorization
280of taxation
281
282An independent special district known as the "Broward County
283Council for Services for Seniors" is created to fund the
284improvement and availability of services for seniors by levying
285each year an ad valorem tax not to exceed 0.5 mills for services
286for seniors.
287
288Yes ___
289No  ___
290
291     Section 3.  This act shall take effect only upon approval
292by a majority vote of those qualified electors of Broward County
293voting in a referendum election to be called by the Broward
294County Board of County Commissioners and held in conjunction
295with the primary election held on September 5, 2006, in
296accordance with the provisions of law relating to elections
297currently in force, except that this section and section 2  
298shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.