Florida 2022 Regular Session

Florida House Bill H0637 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12	A bill to be entitled 1
13	13	An act relating to Broward County; providing a short 2
14	14	title; creating an independent special district to 3
15	15	provide and fund senior services in Broward County; 4
16	16	providing for a governing body to be known as the 5
17	17	Senior Services Council of Broward County; providing 6
18	18	for such council's membership, terms, vacancies in 7
19	19	office, compensation, powers, functions, duties, 8
20	20	fiscal year, and budget procedures; authorizing the 9
21	21	levy of ad valorem taxes annually not to exceed a 10
22	22	specified amount; providing for additional district 11
23	23	powers, duties, responsibilities, and obligations; 12
24	24	providing limitations; providing for dissolution of 13
25	25	the district; providing for a referendum and ballot 14
26	26	question; providing effective dates. 15
27	27	16
28	28	Be It Enacted by the Legislature of the State of Florida: 17
29	29	18
30	30	Section 1. Short title. —This act may be cited as the 19
31	31	"Edith Schaffer Lederberg Senior Services Act." 20
32	32	Section 2. Independent special district. —Effective January 21
33	33	2, 2024, subject to approval as provided in section 9, there is 22
34	34	hereby created an independent special district ("district") for 23
35	35	purposes of funding and providing services to seniors throughout 24
36	36	Broward County ("county"). The boundaries of such district shall 25
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45	45	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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47	47	be coterminous with the boundaries of the county. The governing 26
48	48	body of the district shall be a board of directors to be known 27
49	49	as the Senior Services Council of Broward County ("council"). 28
50	50	For purposes of this act, the term "senior" means a person who 29
51	51	is 60 years of age or older. 30
52	52	Section 3. Membership; terms; vacancies in office; 31
53	53	compensation.— 32
54	54	(1) The council shall consist of 11 members, including: 33
55	55	(a) Five permanent members representing: 34
56	56	1. The executive director of the area agenc y on aging or a 35
57	57	designee who is a director of senior programs in the county. 36
58	58	2. The director of the Broward County Human Services 37
59	59	Department or a designee who is a director of services for 38
60	60	seniors. 39
61	61	3. The director of the Southeastern Region of the 40
62	62	Department of Children and Families or a designee who is a 41
63	63	senior administrator or director who is responsible for adult 42
64	64	protective services within Broward County. 43
65	65	4. The director or administrator of the Florida Department 44
66	66	of Health in Broward County or his or her designee. 45
67	67	5. A county commissioner appointed by a majority of the 46
68	68	board of county commissioners. 47
69	69	(b) Two members appointed by a majority of the board of 48
70	70	county commissioners, one of whom is a designee of a university 49
71	71	that administers health serv ices to seniors and one whom is the 50
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80	80	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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82	82	county representative of the Broward League of Cities. 51
83	83	(c) One consumer member appointed by the board of county 52
84	84	commissioners who is a senior at the time of appointment. 53
85	85	(d) Three members appointed by the Governor, one of whom 54
86	86	is a member of the business community, one of whom is the 55
87	87	president or a chief executive officer of a local nonprofit 56
88	88	entity providing senior services within Broward County and one 57
89	89	of whom is a consumer member who is a senior at the time of 58
90	90	appointment. 59
91	91	(2)(a) The members appointed under subsections (3) and (4) 60
92	92	shall be residents of the county during the 24 months 61
93	93	immediately preceding appointment. Such appointees must, to the 62
94	94	greatest extent possible, represent the cultural diversity of 63
95	95	the county's population. 64
96	96	(b) Except as provided in paragraph (c), the members 65
97	97	appointed under paragraphs (1)(b), (c), and (d) shall be 66
98	98	appointed to 4-year terms and may be reappointed for one 67
99	99	additional term of office. The Governor may remove his or her 68
100	100	appointees for cause or upon written petition of the council. 69
101	101	(c) If any council member appointed by the board of county 70
102	102	commissioners or the Governor resigns, dies, or is removed from 71
103	103	office, a new member shall be appointed in the same manner as 72
104	104	the original appointment to fill the remainder of the unexpired 73
105	105	term. The board of county commissioners or the Governor, as 74
106	106	applicable, shall, to the greatest extent possible, fill a 75
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115	115	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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117	117	vacancy within 45 days after its occurrence. 76
118	118	(3) Members of the council shall serve without 77
119	119	compensation but may be reimbursed for per diem and travel 78
120	120	expenses as provided in s. 112.061, Florida Statutes. 79
121	121	Section 4. Powers, functions, and duties. — 80
122	122	(1) The council may: 81
123	123	(a) Provide and maintain in the county preventive, 82
124	124	developmental, treatment, rehabilitative, and other services 83
125	125	that the council determines are necessary for the general 84
126	126	welfare of seniors. 85
127	127	(b) Allocate and provide funds to other agencies in the 86
128	128	county that operate for the benefit of seniors. 87
129	129	(c) Collect informat ion and statistical data and conduct 88
130	130	research and assessments that will be helpful to the council and 89
131	131	the county in deciding the needs of seniors. 90
132	132	(d) Consult and coordinate with other agencies providing 91
133	133	services dedicated to the welfare of seniors in or der to prevent 92
134	134	the unnecessary duplication of senior services. 93
135	135	(e) Seek grants for state, federal, and local agencies, 94
136	136	and accept donations from all sources. 95
137	137	(f) Lease or buy real estate, equipment, and personal 96
138	138	property, and construct buildings as nec essary to carry out the 97
139	139	powers, functions, and duties of the district, except that such 98
140	140	purchases may not be made or buildings constructed unless paid 99
141	141	for with cash on hand or secured by funds deposited in financial 100
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150	150	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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152	152	institutions. This paragraph does not au thorize a district to 101
153	153	issue bonds of any nature, and the district does not have the 102
154	154	authority to require the imposition of any bond by the board of 103
155	155	county commissioners. 104
156	156	(g) Employ, pay, and provide benefits for any part -time or 105
157	157	full-time personnel neede d to carry out the powers, functions, 106
158	158	and duties of the district. 107
159	159	(2) The council shall: 108
160	160	(a) Immediately after the members are appointed, elect a 109
161	161	chair and vice chair from among its members and elect other 110
162	162	officers as deemed necessary by the council. 111
163	163	(b) Immediately after the officers are elected, identify 112
164	164	and assess the needs of seniors within the county and submit a 113
165	165	written report to the board of county commissioners that 114
166	166	describes: 115
167	167	1. The activities, services, and programs that will be 116
168	168	provided to seniors. 117
169	169	2. The way in which seniors will be served, including a 118
170	170	description of arrangements and agreements that will be made 119
171	171	with community organizations, state and local educational 120
172	172	agencies, federal agencies, public assistance agencies, the 121
173	173	court system, guardianship groups, and other applicable public 122
174	174	and private agencies and organizations. 123
175	175	3. The anticipated schedule for providing those 124
176	176	activities, services, and programs. 125
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187	187	4. The special outreach efforts that will be undertaken to 126
188	188	provide services to seniors who are at risk, abused, neglected, 127
189	189	or ailing. 128
190	190	5. The way in which the council will seek and obtain 129
191	191	funding for unmet needs of seniors. 130
192	192	6. The strategy for interagency coordination to maximize 131
193	193	existing human and fiscal resources. 132
194	194	(c) Provide training and orientation to all new members to 133
195	195	allow them to perform their duties. All council members, 134
196	196	officers, and employees of the district must complete at least 4 135
197	197	hours of ethics training each calendar year in accordance with 136
198	198	s. 112.3142(2)(b), Florida Statutes, except that any council 137
199	199	member who is an elected official subject to s. 112.3142, 138
200	200	Florida Statutes, is exempt from the ethics training requirement 139
201	201	in this paragraph. 140
202	202	(d) Make and adopt bylaws and rules for the council's 141
203	203	guidance, operation, governance, and maintenance if such rules 142
204	204	are consistent with federal or state laws or county ordinances. 143
205	205	(e) Provide an annual written report to be presented no 144
206	206	later than January 1 of each year to the board of county 145
207	207	commissioners. At a minimum, the annual report must include: 146
208	208	1. Information on the effectiveness of activities, 147
209	209	services, and programs offered by the council, including cost 148
210	210	effectiveness. 149
211	211	2. A detailed anticipated budget for continuation of 150
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222	222	activities, services, and programs offered by the council and a 151
223	223	list of all sources of funding, both public and private. 152
224	224	3. Procedures used for early identification of at -risk 153
225	225	seniors who need additional or continued services, and methods 154
226	226	for ensuring that the additional or continued serv ices are 155
227	227	received by such seniors. 156
228	228	4. A description of the degree to which the council's 157
229	229	objectives and activities are meeting the goals of this act. 158
230	230	5. Detailed information on the various programs, services, 159
231	231	and activities available to seniors, and how the programs, 160
232	232	services, and activities have been successfully used by seniors. 161
233	233	6. Information on programs, services, and activities that 162
234	234	should be eliminated; programs, services, and activities that 163
235	235	should be continued; and programs, services, and ac tivities that 164
236	236	should be added to the basic responsibilities of the council. 165
237	237	(f) Maintain minutes of each meeting, including a record 166
238	238	of all votes cast, and make such minutes available to any 167
239	239	interested person. 168
240	240	Section 5. Fiscal year; budget procedure s.— 169
241	241	(1) The fiscal year of the district shall be the same as 170
242	242	the fiscal year of the county. 171
243	243	(2) On or before July 1 of each year, the council shall, 172
244	244	in accordance with s. 189.016, Florida Statutes, prepare a 173
245	245	tentative annual written budget of the distr ict's expected 174
246	246	income and expenditures, including a contingency fund. In 175
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255	255	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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257	257	addition, the council shall compute a proposed millage rate of 176
258	258	up to 0.5 mills necessary to fund the tentative budget. The 177
259	259	council shall comply with s. 200.065, Florida Statutes, and fix 178
260	260	the final millage rate by resolution of the council. 179
261	261	(3) The budget and final millage rate must be certified 180
262	262	and delivered to the board of county commissioners by July 1 of 181
263	263	each year or as reasonably possible following the council's 182
264	264	adoption of the final budget and millage rate. The certified 183
265	265	budget shall include the millage rate, adopted by resolution of 184
266	266	the council, that is necessary to be applied to raise the funds 185
267	267	budgeted for district operations and expenditures, which may not 186
268	268	exceed 0.5 mills of assessed valuation of all properties within 187
269	269	the county that are subject to ad valorem county taxes. 188
270	270	(4) After its delivery to the board of county 189
271	271	commissioners, the certified budget of the district may not be 190
272	272	changed or modified by the board of county c ommissioners or any 191
273	273	other authority. 192
274	274	Section 6. Levying of ad valorem taxes. — 193
275	275	(1) In order to provide funds for the council, the council 194
276	276	may levy ad valorem taxes annually on all taxable property in 195
277	277	the county in an amount not to exceed 0.5 mills, pr ovided the 196
278	278	authority to levy such taxes has been approved by a majority 197
279	279	vote of the electors of the district voting in a countywide 198
280	280	general election held in accordance with the requirements of the 199
281	281	State Constitution, general law, and this act. The tax shal l be 200
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290	290	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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292	292	assessed, levied, and collected in the same manner and at the 201
293	293	same time as is provided by general law for the levy, 202
294	294	collection, and enforcement of the collection of county taxes. 203
295	295	(2) All taxes collected under this act, as soon after 204
296	296	collection as is reasonably practicable, shall be paid directly 205
297	297	to the district by the tax collector of the county. 206
298	298	(3)(a) All moneys received by the district shall be 207
299	299	deposited in qualified public depositories, as defined in s. 208
300	300	280.02, Florida Statutes, with separate a nd distinguishable 209
301	301	accounts established specifically for the council and may be 210
302	302	withdrawn only by checks signed by the chair of the council and 211
303	303	countersigned by one other member of the council or the 212
304	304	council's chief executive officer as authorized by the c ouncil. 213
305	305	(b)1. Upon entering the duties of office, the chair and 214
306	306	the other member of the council or the council's chief executive 215
307	307	officer who signs council checks shall each give a surety bond 216
308	308	in the sum of at least $1,000 for each $1 million or portion o f 217
309	309	such amount of the council's annual budget, which bond shall be 218
310	310	conditioned upon the faithful discharge of the duties of his or 219
311	311	her office. The premium on such bond may be paid by the district 220
312	312	as part of the expense of the council. Other members of the 221
313	313	council may not be required to give bond or other security. 222
314	314	2. Funds of the district may only be expended by check, 223
315	315	except expenditures of up to $100 may be made from a petty cash 224
316	316	account. All expenditures from petty cash must be recorded on 225
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325	325	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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327	327	the books and records of the district. District funds, except 226
328	328	expenditures from petty cash, may not be expended without prior 227
329	329	approval of the council in addition to the budgeting of such 228
330	330	funds. 229
331	331	(c) Within 10 business days after the expiration of each 230
332	332	annual quarter, the council shall prepare and file with the 231
333	333	board of county commissioners a financial report that includes: 232
334	334	1. The council's total expenditures for the quarter. 233
335	335	2. The council's total receipts during the quarter. 234
336	336	3. A statement of the funds the counc il has on hand, has 235
337	337	invested, or has deposited at the end of the quarter. 236
338	338	4. The council's total administrative costs for the 237
339	339	quarter. 238
340	340	Section 7. Powers, duties, responsibilities, and 239
341	341	obligations; limitations. — 240
342	342	(1) Except as expressly provided by t his act, the council 241
343	343	shall have all the powers, duties, responsibilities, and 242
344	344	obligations as provided by general law for special districts. 243
345	345	(2) The council shall comply with all other statutory 244
346	346	requirements of general application that relate to the filin g of 245
347	347	any financial reports or compliance reports required under part 246
348	348	III of chapter 218, Florida Statutes, or any other report or 247
349	349	documentation required by law, including the requirements of ss. 248
350	350	189.015, 189.016, and 189.08, Florida Statutes. 249
351	351	(3) The council may not require any service provider to 250
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362	362	provide additional matching funds as a condition of providing 251
363	363	district services, programs, or activities for seniors. 252
364	364	(4)(a) It is the intent of the Legislature that funds 253
365	365	collected pursuant to this act be use d to support improvements 254
366	366	in services, programs, or activities for seniors and that such 255
367	367	funds not be used as a substitute for existing resources or for 256
368	368	resources that would otherwise be available for senior services. 257
369	369	(b) After or during the first year o f operation of the 258
370	370	council, the board of county commissioners may fund in whole or 259
371	371	in part the budget of the council from its own funds. 260
372	372	(5) The council may enter into a cooperative agreement 261
373	373	with one or more special districts to share administrative 262
374	374	costs, including staff and office space, if a more efficient or 263
375	375	effective operation will result. The cooperative agreement must 264
376	376	include provisions on apportioning costs between the council and 265
377	377	districts, keeping separate and distinct financial records for 266
378	378	each, and resolving any conflicts that might arise under the 267
379	379	cooperative agreement. 268
380	380	(6) The council may enter into a cooperative agreement 269
381	381	with the county or one or more councils to seek grants, accept 270
382	382	donations, or jointly fund programs serving multicounty areas. 271
383	383	The cooperative agreement must include provisions for the 272
384	384	adequate accounting of separate and joint funds. 273
385	385	(7) This act does not prohibit the county from exercising 274
386	386	any of the powers authorized by the State Constitution, general 275
387	387
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395	395	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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397	397	or special laws, or the Broward County Charter to fund or 276
398	398	provide services for seniors. 277
399	399	Section 8. Dissolution of the district; retention. — 278
400	400	(1) The district created under this act may be dissolved 279
401	401	by a special act of the Legislature or by ordinance of the board 280
402	402	of county commissioners subject to the approval of the 281
403	403	electorate. If the district is dissolved under this section, the 282
404	404	county shall first obligate itself to assume the debts, 283
405	405	liabilities, contracts, and outstanding obligations of the 284
406	406	district within the tota l millage available to the board of 285
407	407	county commissioners for all county and municipal purposes as 286
408	408	provided for under s. 9, Article VII of the State Constitution. 287
409	409	Any district may also be dissolved pursuant to part VII of 288
410	410	chapter 189, Florida Statutes. 289
411	411	(2)(a) Subsequent to the initial referendum to create the 290
412	412	district, the board of county commissioners must place a 291
413	413	question to reauthorize the district before the county's 292
414	414	electorate at a general election occurring at least every 12 293
415	415	years after the district' s creation or prior reauthorization. 294
416	416	The council may recommend to the board of county commissioners 295
417	417	language for the question submitted to the electorate. 296
418	418	(b) This subsection does not prohibit the council from 297
419	419	requesting that the board of county commissi oners submit the 298
420	420	question of the district's retention or dissolution to the 299
421	421	electorate at an earlier date. In addition, this subsection does 300
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430	430	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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432	432	not limit the authority to dissolve the district as provided in 301
433	433	subsection (1). 302
434	434	(3) This section does not prohibi t or limit the authority 303
435	435	of the board of county commissioners to provide or fund services 304
436	436	for seniors. 305
437	437	Section 9. Referendum. —A referendum election is called to 306
438	438	carry out the purposes and intent of this act and to do all 307
439	439	things necessary to implement a nd fund the council and the 308
440	440	district created under this act and in accordance with general 309
441	441	laws pertaining to elections and the provisions of law 310
442	442	pertaining to elections currently enforced in Broward County. 311
443	443	However, the procedures provided in ss. 101.6101 -101.6107, 312
444	444	Florida Statutes, may not be used in this election. The item 313
445	445	that shall appear on the November 2022 general election ballot 314
446	446	shall be as follows: 315
447	447	(Title) Creation of Senior Services Council of Broward 316
448	448	County and authorization of taxation. 317
449	449	(Issue) An independent special district known as the 318
450	450	"Senior Services District of Broward County" is 319
451	451	created to provide and fund the improvement of 320
452	452	services for seniors in Broward County by levying each 321
453	453	year an ad valorem tax not to exceed one -half (1/2) 322
454	454	mill for services for seniors. 323
455	455	YES for Approval 324
456	456	NO for Rejection 325
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465	465	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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467	467	Section 10. This act shall take effect upon its approval 326
468	468	by a majority vote of those qualified electors of Broward County 327
469	469	voting in a referendum to be held in conjunction with the 328
470	470	general election to be held in Broward County in November 2022 , 329
471	471	except that this section and section 9 shall take effect upon 330
472	472	this act becoming a law. 331