| 1 | A bill to be entitled | 
| 2 | An act relating to senior services; providing definitions;  | 
| 3 | authorizing each county to create an independent special  | 
| 4 | district by ordinance to provide funding for services for  | 
| 5 | seniors; requiring approval by a majority vote of electors  | 
| 6 | to annually levy ad valorem taxes; requiring the district  | 
| 7 | to comply with statutory requirements related to the  | 
| 8 | filing of financial or compliance reports; providing for  | 
| 9 | the dissolution of the district; creating a governing  | 
| 10 | council for the district; specifying criteria for  | 
| 11 | membership to the council; providing terms of office;  | 
| 12 | requiring the council to serve without compensation;  | 
| 13 | specifying the powers and functions of the council;  | 
| 14 | requiring the council to appoint a chair and vice chair  | 
| 15 | and elect other officers, identify and assess the needs of  | 
| 16 | seniors, provide training and orientation to new members  | 
| 17 | of the council, make and adopt bylaws and rules for the  | 
| 18 | council's operation and governance, and provide an annual  | 
| 19 | report to the county governing body; requiring the council  | 
| 20 | to maintain minutes of each meeting; authorizing two or  | 
| 21 | more councils to enter into cooperative agreements;  | 
| 22 | requiring the council to prepare a tentative annual budget  | 
| 23 | and to compute a millage rate to fund the tentative  | 
| 24 | budget; requiring that all tax moneys collected be paid  | 
| 25 | directly to the council by the county tax collector and be  | 
| 26 | deposited in qualified public depositories; specifying  | 
| 27 | expenditures of funds; requiring the council to prepare  | 
| 28 | and file quarterly financial reports to the county  | 
| 29 | governing body; authorizing the county governing body to  | 
| 30 | fund the budget of the council from its own funds after or  | 
| 31 | during the council's first year of operation; prohibiting  | 
| 32 | the council from requiring certain matching funds;  | 
| 33 | providing legislative intent with respect to the use of  | 
| 34 | funds collected by the council; providing a directive to  | 
| 35 | the Division of Statutory Revision; providing an effective  | 
| 36 | date. | 
| 37 | 
  | 
| 38 | Be It Enacted by the Legislature of the State of Florida: | 
| 39 | 
  | 
| 40 |      Section 1.  Services for seniors; independent special  | 
| 41 | district; council; powers, duties, and functions.-- | 
| 42 |      (1)  DEFINITIONS.--As used in this section, the term  | 
| 43 | "senior" means a person who is at least 60 years of age. | 
| 44 |      (2)  SPECIAL DISTRICT.--Each county may create by ordinance  | 
| 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. | 
| 48 |      (a)  The boundaries of such district must be coterminous  | 
| 49 | with the boundaries of the county. | 
| 50 |      (b)  The county governing body must obtain approval, by a  | 
| 51 | majority vote of electors voting on the question, to annually  | 
| 52 | levy ad valorem taxes within the maximum millage rate authorized  | 
| 53 | by this section. A district created pursuant to this section  | 
| 54 | shall levy and fix millage as provided in s. 200.065, Florida  | 
| 55 | Statutes. Once the millage is approved, the district need not  | 
| 56 | seek the electorate's approval to levy the approved millage in  | 
| 57 | future years. | 
| 58 |      (c)  A district shall maintain the same fiscal year as the  | 
| 59 | county. | 
| 60 |      (d)  A district shall comply with all other statutory  | 
| 61 | requirements of general application that relate to the filing of  | 
| 62 | any financial or compliance reports required under part III of  | 
| 63 | chapter 218, Florida Statutes, or any other report or  | 
| 64 | documentation required by law, including the requirements of ss.  | 
| 65 | 189.415, 189.417, and 189.418, Florida Statutes. | 
| 66 |      (e)  A 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 the approval of the electorate.  | 
| 69 | A district may also be dissolved pursuant to s. 189.4042,  | 
| 70 | Florida Statutes. If a district is dissolved, the county must  | 
| 71 | first obligate itself to assume the debts, liabilities,  | 
| 72 | contracts, and outstanding obligations of the district within  | 
| 73 | the total millage available to the county for all county and  | 
| 74 | municipal purposes as provided under s. 9, Art. VII of the State  | 
| 75 | Constitution.  | 
| 76 |      (f)  This section does not prohibit a county from  | 
| 77 | exercising such power as is provided by general or special law  | 
| 78 | to provide or fund services for seniors. | 
| 79 |      (3)  COUNCIL MEMBERSHIP.-- | 
| 80 |      (a)  The district shall be governed by a 9-member council  | 
| 81 | consisting of: | 
| 82 |      1.  Two 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 elderly services. | 
| 87 |      2.  Three members each appointed for 2-year terms  | 
| 88 | representing: | 
| 89 |      a.  The county governing body. | 
| 90 |      b.  The county's legislative delegation appointed by the  | 
| 91 | delegation chair, who is a nonvoting member. | 
| 92 |      c.  The League of Cities in the county. | 
| 93 |      3.  Four members appointed by the Governor and  | 
| 94 | representing, to the greatest extent possible, the cultural  | 
| 95 | diversity of the county's population, of which at least one  | 
| 96 | member is 60 years of age or older. All members appointed by the  | 
| 97 | Governor must have been county residents during the previous 24  | 
| 98 | months. | 
| 99 |      a.  Three names shall be submitted to the Governor by the  | 
| 100 | county governing body for each vacancy. The Governor shall make  | 
| 101 | a selection within 45 days after receipt or request a new list  | 
| 102 | of candidates. | 
| 103 |      b.  The appointees shall each be appointed to 4-year terms  | 
| 104 | and may be reappointed for one additional term of office. The  | 
| 105 | length of the terms of the initial appointees shall be adjusted  | 
| 106 | to stagger the terms. | 
| 107 |      c.  The Governor may remove a member for cause or upon the  | 
| 108 | written petition of the county governing body. If any council  | 
| 109 | member appointed by the Governor resigns, dies, or is removed  | 
| 110 | from office, the vacancy shall be filled by appointment by the  | 
| 111 | Governor, using the same method as the original appointment, and  | 
| 112 | such appointment shall be for the unexpired term of the member  | 
| 113 | who resigns, dies, or is removed from office. | 
| 114 |      (b)  Members of the council shall serve without  | 
| 115 | compensation, but are entitled to receive reimbursement for per  | 
| 116 | diem and travel expenses consistent with s. 112.061, Florida  | 
| 117 | Statutes. | 
| 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 members are appointed and  | 
| 124 | officers are elected, identify and assess the needs of seniors  | 
| 125 | within the county and submit a written report to the county  | 
| 126 | governing body which describes: | 
| 127 |      a.  The activities, services, and opportunities that will  | 
| 128 | be provided to seniors. | 
| 129 |      b.  The manner in which seniors will be served, including a  | 
| 130 | description of arrangements and agreements that will be made  | 
| 131 | with community organizations, state and local educational  | 
| 132 | agencies, federal agencies, public assistance agencies, the  | 
| 133 | court system, guardianship groups, and other applicable public  | 
| 134 | and private agencies and organizations. | 
| 135 |      c.  The anticipated schedule for providing those  | 
| 136 | activities, services, and opportunities. | 
| 137 |      d.  The special outreach efforts that will be undertaken to  | 
| 138 | provide services to seniors who are at risk, abused, or  | 
| 139 | neglected, or who are ailing. | 
| 140 |      e.  The manner in which the council will seek and obtain  | 
| 141 | funding for unmet needs. | 
| 142 |      f.  The strategy for interagency coordination in order to  | 
| 143 | maximize existing human and fiscal resources. | 
| 144 |      3.  Provide training and orientation to all new members to  | 
| 145 | allow them to perform their duties. | 
| 146 |      4.  Make and adopt bylaws and rules for the council's  | 
| 147 | guidance, operation, governance, and maintenance which are  | 
| 148 | consistent with applicable federal or state laws or county  | 
| 149 | ordinances. | 
| 150 |      5.  Provide an annual written report, to be presented no  | 
| 151 | later than January 1, to the county governing body. At a  | 
| 152 | minimum, the annual report must include: | 
| 153 |      a.  Information on the effectiveness of activities,  | 
| 154 | services, and programs offered by the district, including cost- | 
| 155 | effectiveness. | 
| 156 |      b.  A detailed anticipated budget for the continuation of  | 
| 157 | activities, services, and programs offered by the district and a  | 
| 158 | list of all sources of requested funding, both public and  | 
| 159 | private. | 
| 160 |      c.  Procedures used for the early identification of at-risk  | 
| 161 | seniors who need additional or continued services and methods  | 
| 162 | for ensuring that the additional or continued services are  | 
| 163 | received. | 
| 164 |      d.  A description of the degree to which the council's  | 
| 165 | objectives and activities are consistent with the goals of this  | 
| 166 | section. | 
| 167 |      e.  Detailed information on the various programs, services,  | 
| 168 | and activities available to seniors. | 
| 169 |      f.  Information on programs, services, and activities that  | 
| 170 | should be eliminated; programs, services, and activities that  | 
| 171 | should be continued; and programs, services, and activities that  | 
| 172 | should be added to the basic format of the council. | 
| 173 |      (b)  The council may: | 
| 174 |      1.  Provide and maintain in the county the preventive,  | 
| 175 | developmental, treatment, and rehabilitative services for  | 
| 176 | seniors which the council determines are needed for the general  | 
| 177 | welfare of such persons. | 
| 178 |      2.  Provide any other services that the council determines  | 
| 179 | are needed for the general welfare of seniors in the county. | 
| 180 |      3.  Allocate and provide funds to other county agencies  | 
| 181 | that operate for the benefit of seniors. | 
| 182 |      4.  Collect information and statistical data and conduct  | 
| 183 | research and assessments that are helpful to the council and the  | 
| 184 | county in determining the needs of seniors in the county. | 
| 185 |      5.  Consult and coordinate with other agencies dedicated to  | 
| 186 | the welfare of seniors in order to prevent the duplication of  | 
| 187 | services. | 
| 188 |      6.  Seek grants from state, federal, and local agencies and  | 
| 189 | accept donations from public and private sources. | 
| 190 |      7.  Lease or buy real estate, equipment, and personal  | 
| 191 | property and construct buildings as needed to carry out the  | 
| 192 | powers, functions, and duties of the district, except that such  | 
| 193 | purchases may not be made or buildings constructed unless paid  | 
| 194 | for with cash on hand or secured by funds deposited in a  | 
| 195 | financial institution. This subparagraph does not authorize a  | 
| 196 | district to issue bonds of any nature, and a district may not  | 
| 197 | require the imposition of a bond by the county governing body. | 
| 198 |      8.  Employ, pay, and provide benefits for any part-time or  | 
| 199 | full-time personnel needed to carry out the powers, functions,  | 
| 200 | and duties of the district. | 
| 201 |      (c)  The council shall maintain minutes of each meeting,  | 
| 202 | including a record of all votes cast, and shall make such  | 
| 203 | minutes available to any interested person. | 
| 204 |      (d)  Two or more councils may enter into a cooperative  | 
| 205 | agreement to: | 
| 206 |      1.  Share administrative costs, including staff and office  | 
| 207 | space, if a more efficient or effective operation will result.  | 
| 208 | The cooperative agreement must include provisions for  | 
| 209 | apportioning costs between the councils, keeping separate and  | 
| 210 | distinct financial records for each council, and resolving any  | 
| 211 | conflicts that might arise under the agreement. | 
| 212 |      2.  Seek grants, accept donations, or jointly fund programs  | 
| 213 | serving multicounty areas. The cooperative agreement must  | 
| 214 | include provisions for the adequate accounting of separate and  | 
| 215 | joint funds. | 
| 216 |      (5)  COUNCIL BUDGET.-- | 
| 217 |      (a)  On or before July 1 of each year, the council shall  | 
| 218 | prepare a tentative annual written budget of the district's  | 
| 219 | expected income and expenditures, including a contingency fund.  | 
| 220 | In addition, the council shall compute a proposed millage rate  | 
| 221 | within the voter-approved cap necessary to fund the tentative  | 
| 222 | budget and, prior to adopting a final budget, comply with s.  | 
| 223 | 200.065, Florida Statutes, 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 county governing body as soon as  | 
| 227 | possible following the council's adoption of the final budget  | 
| 228 | and millage rate under chapter 200, Florida Statutes. The  | 
| 229 | adopted millage rate necessary to raise the funds budgeted for  | 
| 230 | district operations and expenditures must be included in each  | 
| 231 | certified budget. District millage may not exceed 0.5 mills of  | 
| 232 | assessed valuation of all properties within the county that are  | 
| 233 | subject to ad valorem county taxes. | 
| 234 |      (b)  After the budget of the district is certified and  | 
| 235 | delivered to the county governing body, the budget may not be  | 
| 236 | changed or modified by the governing body or any other  | 
| 237 | authority. | 
| 238 |      (c)  As soon after collection as is reasonably practicable,  | 
| 239 | all taxes collected under this section shall be paid directly to  | 
| 240 | the council by the county's revenue-collection entity. | 
| 241 |      (d)  All moneys received by the council must be deposited  | 
| 242 | in qualified public depositories, as defined in s. 280.02,  | 
| 243 | Florida Statutes, with separate and distinguishable accounts  | 
| 244 | established specifically for the council, and may be withdrawn  | 
| 245 | only by checks signed by the chair of the council and  | 
| 246 | countersigned by one other member of the council or by a chief  | 
| 247 | executive officer authorized by the council. | 
| 248 |      1.  Upon taking office, the chair and the other member of  | 
| 249 | the council or the chief executive officer authorized to sign  | 
| 250 | checks shall each file a surety bond in the sum of at least  | 
| 251 | $1,000 for each $1 million, or portion thereof, of the council's  | 
| 252 | annual budget, which shall be conditioned upon the faithful  | 
| 253 | discharge of the duties of his or her office. The premium on  | 
| 254 | such bond may be paid by the district as part of the expenses of  | 
| 255 | the council. Other members of the council are not required to  | 
| 256 | give bond or other security. | 
| 257 |      2.  Funds of the district may be expended only by check,  | 
| 258 | except expenditures from a petty cash account that may not  | 
| 259 | exceed $100. All expenditures from petty cash must be recorded  | 
| 260 | on the books and records of the council. Funds of the council,  | 
| 261 | except expenditures from petty cash, may be expended only after  | 
| 262 | prior approval of the council, in addition to the budgeting  | 
| 263 | thereof. | 
| 264 |      (e)  After the expiration of each annual quarter, within 10  | 
| 265 | business days, the council shall prepare and file with the  | 
| 266 | county governing body a financial report that includes: | 
| 267 |      1.  The council's total expenditures for the quarter. | 
| 268 |      2.  The council's total receipts during the quarter. | 
| 269 |      3.  A statement of the funds the council has on hand, has  | 
| 270 | invested, or has deposited with qualified public depositories at  | 
| 271 | the end of the quarter. | 
| 272 |      4.  The council's total administrative costs for the  | 
| 273 | quarter. | 
| 274 |      (f)  After or during the first year of operation of the  | 
| 275 | council, the county governing body may fund in whole or in part  | 
| 276 | the council's budget from its own funds. | 
| 277 |      (g)  The council may not require any public or private  | 
| 278 | service provider to provide additional matching funds as a  | 
| 279 | condition of the council's or district's providing services or  | 
| 280 | programs to seniors. | 
| 281 |      (h)  It is the intent of the Legislature that the funds  | 
| 282 | collected pursuant to this section be used to support  | 
| 283 | improvements in services for seniors and that such funds not be  | 
| 284 | used as a substitute for existing resources or for resources  | 
| 285 | that would otherwise be available for such services. | 
| 286 |      Section 2.  The Division of Statutory Revision is directed  | 
| 287 | to place this section in part V of chapter 125, Florida  | 
| 288 | Statutes, and to appropriately retitle that part. | 
| 289 |      Section 3.  This act shall take effect July 1, 2009. |