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