Bill Text: FL H0863 | 2011 | Regular Session | Introduced

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Bill Title: Broward County

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0863 Detail]

Download: Florida-2011-H0863-Introduced.html

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HB 863

1	A bill to be entitled
2	An act relating to Broward County; creating the Broward
3	County Council for Services for Seniors; providing a
4	definition; creating an independent special district to
5	provide funding for services for seniors; requiring
6	approval at referendum to annually levy ad valorem taxes;
7	requiring the district to comply with statutory
8	requirements related to levying and fixing millage and
9	filing financial or compliance reports; providing
10	construction; creating a governing council for the
11	district; specifying criteria for membership to the
12	council; providing terms of office; requiring the council
13	members to serve without compensation; specifying the
14	powers and duties of the council; requiring the council to
15	appoint a chair and vice chair and elect other officers,
16	identify and assess the needs of seniors, provide training
17	and orientation to new members of the council, make and
18	adopt bylaws and rules for the council's operation and
19	governance, and provide an annual report to the county
20	governing body; requiring the council to maintain minutes
21	of each meeting; requiring the council to prepare a
22	tentative annual budget and compute a millage rate to fund
23	the district; requiring that all tax moneys collected be
24	paid directly to the council by the county tax collector
25	and be deposited in qualified public depositories;
26	requiring certain members to file a surety bond;
27	specifying expenditures of funds; requiring the council to
28	prepare and file quarterly financial reports with the
29	county governing body; prohibiting the council from
30	requiring certain matching funds; providing legislative
31	intent with respect to the use of funds collected by the
32	council; providing for amendment or dissolution of the
33	district by the Legislature; requiring a referendum;
34	providing a ballot statement; providing an effective date.
35
36	Be 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"
40	means a person who is at least 60 years of age.
41	(2)  SPECIAL DISTRICT.-The Broward County Council for
42	Services for Seniors is hereby created as an independent special
43	district (the "district"), as defined in sections 189.403 and
44	200.001, Florida Statutes, to provide countywide funding for
45	senior services. The boundaries of such district shall be
46	coterminous with the boundaries of Broward County.
47	(a)  The Broward County Board of County Commissioners shall
48	obtain approval, by a majority vote of the electors voting in a
49	referendum, to establish the district having authority to
50	annually levy ad valorem taxes, which shall not exceed 0.5 mills
51	of assessed valuation of all properties subject to ad valorem
52	taxes within the county. The ballot for the referendum must
53	conform to the requirements of section 101.161, Florida
54	Statutes.
55	(b)  The district created under this act shall:
56	1.  Levy and fix millage as provided in section 200.065,
57	Florida Statutes.
58	2.  Maintain the same fiscal year as Broward County.
59	3.  Comply with all other statutory requirements of general
60	application that relate to the filing of any financial or
61	compliance reports required under part III of chapter 218,
62	Florida Statutes, or any other report or documentation required
63	by law, including the requirements of sections 189.415, 189.417,
64	and 189.418, Florida Statutes.
65	(c)  This act does not prohibit Broward County from
66	exercising such power as provided by general or special law to
67	provide or fund services for seniors.
68	(3)  COUNCIL MEMBERSHIP.-
69	(a)  The district shall be governed by an 11-member council
70	consisting of:
71	1.  Four permanent positions representing:
72	a.  The executive director of the Aging & Disability
73	Resource Center of Broward County or her or his designee who is
74	a director of senior programs.
75	b.  The Broward County Director of Human Services or her or
76	his designee who is a director of elderly services.
77	c.  The District 10 director of the Department of Children
78	and Family Services or her or his designee.
79	d.  The director of the Broward County Health Department or
80	her or his designee.
81	2.  Two members appointed for 2-year terms by a majority of
82	the Broward County Board of County Commissioners, one of whom
83	shall represent the board of county commissioners and one of
84	whom shall be a member of and represent the Broward League of
85	Cities.
86	3.  Five members appointed by the Governor and
87	representing, to the greatest extent possible, the cultural
88	diversity of Broward County's population, of which at least one
89	member shall be 60 years of age or older. All members appointed
90	by the Governor must have been residents of Broward County
91	during the previous 24 months.
92	a.  Three names shall be submitted to the Governor by the
93	Broward County Board of County Commissioners for each
94	appointment. The Governor shall make a selection within 45 days
95	after receipt or request a new list of candidates.
96	b.  The appointees shall be appointed to 4-year terms and
97	may be reappointed for one additional term of office. The length
98	of the terms of the initial appointees shall be adjusted to
99	stagger the terms.
100	c.  The Governor may remove any of her or his appointees
101	for cause or upon the written petition of the Broward County
102	Board of County Commissioners. If any council member appointed
103	by the Governor resigns, dies, or is removed from office, the
104	vacancy shall be filled by the Governor, using the same method
105	as the original appointment, and the new member shall be
106	appointed for the remainder of the unexpired term.
107	(b)  Members of the council shall serve without
108	compensation.
109	(4)  COUNCIL POWERS AND DUTIES.-
110	(a)  The council shall:
111	1.  Immediately after the members are appointed, elect a
112	chair and vice chair from among their members and elect other
113	officers as deemed necessary by the council.
114	2.  Immediately after the officers are elected, identify
115	and assess the needs of seniors within Broward County and submit
116	a written report to the Broward County Board of County
117	Commissioners that describes:
118	a.  The activities, services, and programs that will be
119	provided to seniors and the anticipated schedule for providing
120	those activities, services, and programs.
121	b.  The manner in which seniors will be served, including a
122	description of arrangements and agreements that will be made
123	with community organizations, state and local educational
124	agencies, federal agencies, public assistance agencies, the
125	court system, guardianship groups, and other applicable public
126	and private agencies and organizations.
127	c.  The special outreach efforts that will be undertaken to
128	provide services to seniors who are at risk, abused, neglected,
129	or ill.
130	d.  The manner in which the council will seek and obtain
131	funding for unmet needs.
132	e.  The strategy for interagency coordination in order to
133	maximize existing human and fiscal resources.
134	3.  Provide training and orientation to all new members to
135	allow them to perform their duties.
136	4.  Make and adopt bylaws and rules for the council's
137	guidance, operation, governance, and maintenance that are
138	consistent with applicable federal and state laws or county
139	ordinances.
140	5.  Provide an annual written report, to be presented no
141	later than January 1, to the Broward County Board of County
142	Commissioners. At a minimum, the annual report must include:
143	a.  Information on the effectiveness of activities,
144	services, and programs offered by the district, including cost-
145	effectiveness.
146	b.  A detailed anticipated budget for the continuation of
147	activities, services, and programs offered by the district and a
148	list of all sources of funding.
149	c.  Procedures used for the early identification of at-risk
150	seniors who need additional or continued services and the
151	methods for ensuring that the additional or continued services
152	are received.
153	d.  A description of the degree to which the district's
154	objectives and activities are meeting the goals of this section.
155	e.  Detailed information on the district's various
156	programs, services, and activities available to seniors.
157	f.  Information on district programs, services, and
158	activities that should be eliminated; programs, services, and
159	activities that should be continued; and programs, services, and
160	activities that should be added to the basic responsibilities of
161	the district.
162	(b)  The council may:
163	1.  Provide and maintain in Broward County preventive,
164	developmental, treatment, rehabilitative, and other services for
165	seniors that the council determines are needed for the general
166	welfare of such persons.
167	2.  Allocate and provide funds to other county agencies
168	that operate for the benefit of seniors.
169	3.  Collect information and statistical data and conduct
170	research and assessments that are helpful to the council and the
171	county in determining the needs of seniors in Broward County.
172	4.  Consult and coordinate with other agencies providing
173	services dedicated to the welfare of seniors in order to prevent
174	the duplication of services.
175	5.  Seek grants from state, federal, and local agencies and
176	accept donations from all sources.
177	6.  Lease or buy real estate, equipment, and personal
178	property and construct buildings as needed to carry out the
179	powers, functions, and duties of the district, except that such
180	purchases may not be made or buildings constructed unless paid
181	for with cash on hand or secured by funds deposited in a
182	financial institution.
183	7.  Employ, pay, and provide benefits for any part-time or
184	full-time personnel needed to carry out the powers, functions,
185	and duties of the district.
186	(c)  The council shall maintain minutes of each meeting,
187	including a record of all votes cast, and shall make such
188	minutes available to any interested person.
189	(5)  DISTRICT BUDGET.-
190	(a)  On or before July 1 of each year, the council shall,
191	pursuant to section 189.418, Florida Statutes, prepare a
192	tentative annual budget of the district's expected income and
193	expenditures, including a contingency fund. In addition, the
194	council shall compute a proposed millage rate, not to exceed 0.5
195	mills of assessed value, as necessary to fund the tentative
196	budget. The council must comply with the requirements of section
197	200.065, Florida Statutes.
198	(b)  After the district's budget is certified and delivered
199	to the Broward County Board of County Commissioners, the budget
200	may not be changed or modified by the Broward County Board of
201	County Commissioners or any other authority.
202	(c)  As soon after collection as is reasonably practicable,
203	all taxes collected under this section shall be paid directly to
204	the district by the Broward County Records, Taxes and Treasury
205	Division.
206	(d)  All moneys received by the district must be deposited
207	in qualified public depositories, as defined in section 280.02,
208	Florida Statutes, with separate and distinguishable accounts
209	established specifically for the district, and may be withdrawn
210	only by checks signed by the chair of the council.
211	1.  Upon taking office, the chair and the other members of
212	the council or the chief executive officer authorized to sign
213	checks shall each file a surety bond in the sum of at least
214	$1,000 for each $1 million, or portion thereof, of the
215	district's annual budget, which shall be conditioned upon the
216	faithful discharge of the duties of her or his office. The
217	premium on such bond may be paid by the district as part of the
218	expenses of the council. Other members of the council are not
219	required to give bond or other security.
220	2.  Funds of the district may only be expended by check,
221	except for expenditures of up to $100, which may be made from a
222	petty cash account. All expenditures from petty cash must be
223	recorded on the books and records of the council. District
224	funds, except expenditures from petty cash, may not be expended
225	without prior approval of the council, in addition to the
226	budgeting thereof.
227	(e)  Within 10 business days after the expiration of each
228	annual quarter, the council shall prepare and file with the
229	Broward County Board of County Commissioners a financial report
230	that 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
234	invested, or has deposited at the end of the quarter.
235	4.  The council's total administrative costs for the
236	quarter.
237	(f)  The council may not require any service provider to
238	provide additional matching funds as a condition of providing
239	district activities, services, or programs to seniors.
240	(g)  It is the intent of the Legislature that the funds
241	collected pursuant to this section be used to support
242	improvements in services for seniors and that such funds not be
243	used as a substitute for existing resources or for resources
244	that would otherwise be available for such services.
245	Section 2.  Powers, duties, responsibilities, and
246	obligations.-Except as specifically provided by this act, the
247	district shall have all powers, duties, responsibilities, and
248	obligations as provided for special independent districts in
249	section 125.901, Florida Statutes, except that the independent
250	district created by this act may only be amended or dissolved by
251	special act of the Legislature.
252	Section 3.  Referendum.-The Broward County Board of County
253	Commissioners shall call and the Supervisor of Elections of
254	Broward County shall conduct, in conjunction with the general
255	election to be held on November 6, 2012, a referendum as
256	follows:
257
258	Creating the Council for Services for Seniors and authorization
259	of taxation.
260
261	Shall an independent special district known as the Council for
262	Services for Seniors be created by special act of the
263	Legislature with authority to levy each year an ad valorem tax
264	not to exceed one-half of one mill to fund services for seniors?
265
266	Yes ___
267	No___
268	Section 4.  This act and the provisions of this act which
269	authorize ad valorem taxation shall take effect only upon
270	approval by majority vote of those qualified electors of Broward
271	County voting in a referendum to be held in conjunction with the
272	general election held on November 6, 2012, in accordance with
273	the provisions of law relating to elections currently in force,
274	except that this section and section 3 of this act shall take
275	effect upon becoming a law.

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