HB 863

1
A bill to be entitled
2An act relating to Broward County; creating the Broward
3County Council for Services for Seniors; providing a
4definition; creating an independent special district to
5provide funding for services for seniors; requiring
6approval at referendum to annually levy ad valorem taxes;
7requiring the district to comply with statutory
8requirements related to levying and fixing millage and
9filing financial or compliance reports; providing
10construction; creating a governing council for the
11district; specifying criteria for membership to the
12council; providing terms of office; requiring the council
13members to serve without compensation; specifying the
14powers and duties of the council; requiring the council to
15appoint a chair and vice chair and elect other officers,
16identify and assess the needs of seniors, provide training
17and orientation to new members of the council, make and
18adopt bylaws and rules for the council's operation and
19governance, and provide an annual report to the county
20governing body; requiring the council to maintain minutes
21of each meeting; requiring the council to prepare a
22tentative annual budget and compute a millage rate to fund
23the district; requiring that all tax moneys collected be
24paid directly to the council by the county tax collector
25and be deposited in qualified public depositories;
26requiring certain members to file a surety bond;
27specifying expenditures of funds; requiring the council to
28prepare and file quarterly financial reports with the
29county governing body; prohibiting the council from
30requiring certain matching funds; providing legislative
31intent with respect to the use of funds collected by the
32council; providing for amendment or dissolution of the
33district by the Legislature; requiring a referendum;
34providing a ballot statement; providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Services for seniors; special district.-
39     (1)  DEFINITION.-As used in this section, the term "senior"
40means a person who is at least 60 years of age.
41     (2)  SPECIAL DISTRICT.-The Broward County Council for
42Services for Seniors is hereby created as an independent special
43district (the "district"), as defined in sections 189.403 and
44200.001, Florida Statutes, to provide countywide funding for
45senior services. The boundaries of such district shall be
46coterminous with the boundaries of Broward County.
47     (a)  The Broward County Board of County Commissioners shall
48obtain approval, by a majority vote of the electors voting in a
49referendum, to establish the district having authority to
50annually levy ad valorem taxes, which shall not exceed 0.5 mills
51of assessed valuation of all properties subject to ad valorem
52taxes within the county. The ballot for the referendum must
53conform to the requirements of section 101.161, Florida
54Statutes.
55     (b)  The district created under this act shall:
56     1.  Levy and fix millage as provided in section 200.065,
57Florida Statutes.
58     2.  Maintain the same fiscal year as Broward County.
59     3.  Comply with all other statutory requirements of general
60application that relate to the filing of any financial or
61compliance reports required under part III of chapter 218,
62Florida Statutes, or any other report or documentation required
63by law, including the requirements of sections 189.415, 189.417,
64and 189.418, Florida Statutes.
65     (c)  This act does not prohibit Broward County from
66exercising such power as provided by general or special law to
67provide or fund services for seniors.
68     (3)  COUNCIL MEMBERSHIP.-
69     (a)  The district shall be governed by an 11-member council
70consisting of:
71     1.  Four permanent positions representing:
72     a.  The executive director of the Aging & Disability
73Resource Center of Broward County or her or his designee who is
74a director of senior programs.
75     b.  The Broward County Director of Human Services or her or
76his designee who is a director of elderly services.
77     c.  The District 10 director of the Department of Children
78and Family Services or her or his designee.
79     d.  The director of the Broward County Health Department or
80her or his designee.
81     2.  Two members appointed for 2-year terms by a majority of
82the Broward County Board of County Commissioners, one of whom
83shall represent the board of county commissioners and one of
84whom shall be a member of and represent the Broward League of
85Cities.
86     3.  Five members appointed by the Governor and
87representing, to the greatest extent possible, the cultural
88diversity of Broward County's population, of which at least one
89member shall be 60 years of age or older. All members appointed
90by the Governor must have been residents of Broward County
91during the previous 24 months.
92     a.  Three names shall be submitted to the Governor by the
93Broward County Board of County Commissioners for each
94appointment. The Governor shall make a selection within 45 days
95after receipt or request a new list of candidates.
96     b.  The appointees shall be appointed to 4-year terms and
97may be reappointed for one additional term of office. The length
98of the terms of the initial appointees shall be adjusted to
99stagger the terms.
100     c.  The Governor may remove any of her or his appointees
101for cause or upon the written petition of the Broward County
102Board of County Commissioners. If any council member appointed
103by the Governor resigns, dies, or is removed from office, the
104vacancy shall be filled by the Governor, using the same method
105as the original appointment, and the new member shall be
106appointed for the remainder of the unexpired term.
107     (b)  Members of the council shall serve without
108compensation.
109     (4)  COUNCIL POWERS AND DUTIES.-
110     (a)  The council shall:
111     1.  Immediately after the members are appointed, elect a
112chair and vice chair from among their members and elect other
113officers as deemed necessary by the council.
114     2.  Immediately after the officers are elected, identify
115and assess the needs of seniors within Broward County and submit
116a written report to the Broward County Board of County
117Commissioners that describes:
118     a.  The activities, services, and programs that will be
119provided to seniors and the anticipated schedule for providing
120those activities, services, and programs.
121     b.  The manner in which seniors will be served, including a
122description of arrangements and agreements that will be made
123with community organizations, state and local educational
124agencies, federal agencies, public assistance agencies, the
125court system, guardianship groups, and other applicable public
126and private agencies and organizations.
127     c.  The special outreach efforts that will be undertaken to
128provide services to seniors who are at risk, abused, neglected,
129or ill.
130     d.  The manner in which the council will seek and obtain
131funding for unmet needs.
132     e.  The strategy for interagency coordination in order to
133maximize existing human and fiscal resources.
134     3.  Provide training and orientation to all new members to
135allow them to perform their duties.
136     4.  Make and adopt bylaws and rules for the council's
137guidance, operation, governance, and maintenance that are
138consistent with applicable federal and state laws or county
139ordinances.
140     5.  Provide an annual written report, to be presented no
141later than January 1, to the Broward County Board of County
142Commissioners. At a minimum, the annual report must include:
143     a.  Information on the effectiveness of activities,
144services, and programs offered by the district, including cost-
145effectiveness.
146     b.  A detailed anticipated budget for the continuation of
147activities, services, and programs offered by the district and a
148list of all sources of funding.
149     c.  Procedures used for the early identification of at-risk
150seniors who need additional or continued services and the
151methods for ensuring that the additional or continued services
152are received.
153     d.  A description of the degree to which the district's
154objectives and activities are meeting the goals of this section.
155     e.  Detailed information on the district's various
156programs, services, and activities available to seniors.
157     f.  Information on district programs, services, and
158activities that should be eliminated; programs, services, and
159activities that should be continued; and programs, services, and
160activities that should be added to the basic responsibilities of
161the district.
162     (b)  The council may:
163     1.  Provide and maintain in Broward County preventive,
164developmental, treatment, rehabilitative, and other services for
165seniors that the council determines are needed for the general
166welfare of such persons.
167     2.  Allocate and provide funds to other county agencies
168that operate for the benefit of seniors.
169     3.  Collect information and statistical data and conduct
170research and assessments that are helpful to the council and the
171county in determining the needs of seniors in Broward County.
172     4.  Consult and coordinate with other agencies providing
173services dedicated to the welfare of seniors in order to prevent
174the duplication of services.
175     5.  Seek grants from state, federal, and local agencies and
176accept donations from all sources.
177     6.  Lease or buy real estate, equipment, and personal
178property and construct buildings as needed to carry out the
179powers, functions, and duties of the district, except that such
180purchases may not be made or buildings constructed unless paid
181for with cash on hand or secured by funds deposited in a
182financial institution.
183     7.  Employ, pay, and provide benefits for any part-time or
184full-time personnel needed to carry out the powers, functions,
185and duties of the district.
186     (c)  The council shall maintain minutes of each meeting,
187including a record of all votes cast, and shall make such
188minutes available to any interested person.
189     (5)  DISTRICT BUDGET.-
190     (a)  On or before July 1 of each year, the council shall,
191pursuant to section 189.418, Florida Statutes, prepare a
192tentative annual budget of the district's expected income and
193expenditures, including a contingency fund. In addition, the
194council shall compute a proposed millage rate, not to exceed 0.5
195mills of assessed value, as necessary to fund the tentative
196budget. The council must comply with the requirements of section
197200.065, Florida Statutes.
198     (b)  After the district's budget is certified and delivered
199to the Broward County Board of County Commissioners, the budget
200may not be changed or modified by the Broward County Board of
201County Commissioners or any other authority.
202     (c)  As soon after collection as is reasonably practicable,
203all taxes collected under this section shall be paid directly to
204the district by the Broward County Records, Taxes and Treasury
205Division.
206     (d)  All moneys received by the district must be deposited
207in qualified public depositories, as defined in section 280.02,
208Florida Statutes, with separate and distinguishable accounts
209established specifically for the district, and may be withdrawn
210only by checks signed by the chair of the council.
211     1.  Upon taking office, the chair and the other members of
212the council or the chief executive officer authorized to sign
213checks shall each file a surety bond in the sum of at least
214$1,000 for each $1 million, or portion thereof, of the
215district's annual budget, which shall be conditioned upon the
216faithful discharge of the duties of her or his office. The
217premium on such bond may be paid by the district as part of the
218expenses of the council. Other members of the council are not
219required to give bond or other security.
220     2.  Funds of the district may only be expended by check,
221except for expenditures of up to $100, which may be made from a
222petty cash account. All expenditures from petty cash must be
223recorded on the books and records of the council. District
224funds, except expenditures from petty cash, may not be expended
225without prior approval of the council, in addition to the
226budgeting thereof.
227     (e)  Within 10 business days after the expiration of each
228annual quarter, the council shall prepare and file with the
229Broward County Board of County Commissioners a financial report
230that includes:
231     1.  The council's total expenditures for the quarter.
232     2.  The council's total receipts during the quarter.
233     3.  A statement of the funds the council has on hand, has
234invested, or has deposited at the end of the quarter.
235     4.  The council's total administrative costs for the
236quarter.
237     (f)  The council may not require any service provider to
238provide additional matching funds as a condition of providing
239district activities, services, or programs to seniors.
240     (g)  It is the intent of the Legislature that the funds
241collected pursuant to this section be used to support
242improvements in services for seniors and that such funds not be
243used as a substitute for existing resources or for resources
244that would otherwise be available for such services.
245     Section 2.  Powers, duties, responsibilities, and
246obligations.-Except as specifically provided by this act, the
247district shall have all powers, duties, responsibilities, and
248obligations as provided for special independent districts in
249section 125.901, Florida Statutes, except that the independent
250district created by this act may only be amended or dissolved by
251special act of the Legislature.
252     Section 3.  Referendum.-The Broward County Board of County
253Commissioners shall call and the Supervisor of Elections of
254Broward County shall conduct, in conjunction with the general
255election to be held on November 6, 2012, a referendum as
256follows:
257
258Creating the Council for Services for Seniors and authorization
259of taxation.
260
261Shall an independent special district known as the Council for
262Services for Seniors be created by special act of the
263Legislature with authority to levy each year an ad valorem tax
264not to exceed one-half of one mill to fund services for seniors?
265
266Yes ___
267No___
268     Section 4.  This act and the provisions of this act which
269authorize ad valorem taxation shall take effect only upon
270approval by majority vote of those qualified electors of Broward
271County voting in a referendum to be held in conjunction with the
272general election held on November 6, 2012, in accordance with
273the provisions of law relating to elections currently in force,
274except that this section and section 3 of this act shall take
275effect upon becoming a law.


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