Florida Senate - 2012                            (NP)    SB 2016
       
       
       
       By Senator Dockery
       
       
       
       
       15-01757-12                                           20122016__
    1                        A bill to be entitled                      
    2         An act relating to the North Lake County Hospital
    3         District, Lake County; codifying special laws relating
    4         to the district; providing legislative intent;
    5         amending, codifying, reenacting, and repealing
    6         chapters 2002-348 and 2004-460, Laws of Florida,
    7         relating to the district; re-creating the district and
    8         re-creating and reenacting the charter; providing
    9         definitions; providing a public purpose; prohibiting a
   10         person from seeking election to the board of trustees
   11         if the person has previously served on the board of
   12         directors of certain entities within a specified time;
   13         requiring publication of the annual meeting notice on
   14         a publicly accessible website; providing general
   15         powers of the district, including the power to levy an
   16         ad valorem tax not to exceed a specified millage;
   17         establishing permitted uses of tax funds; providing
   18         restrictions on the district board’s activities;
   19         prescribing requirements of the board for fiscal
   20         responsibility, transparency, and accountability;
   21         providing financial disclosure requirements and
   22         reporting, notice, and public meeting provisions for
   23         the board; providing for sovereign immunity; providing
   24         for expiration of the district at a specified time
   25         without further legislative action and permitting
   26         continuation of the district by referendum at the end
   27         of 10-year intervals; providing for a referendum;
   28         providing an effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. This act constitutes the codification of all
   33  special acts relating to the North Lake County Hospital
   34  District. It is the intent of the Legislature in enacting this
   35  law to provide a single, comprehensive special act charter for
   36  the district, including all current authority granted to the
   37  district by its several legislative enactments and any
   38  additional authority granted by this act.
   39         Section 2. Chapters 2002-348 and 2004-460, Laws of Florida,
   40  relating to the North Lake County Hospital District, are
   41  codified, reenacted, amended, and repealed as provided in this
   42  act.
   43         Section 3. The North Lake County Hospital District is re
   44  created, and the charter is re-created and reenacted to read:
   45         Section 1. ESTABLISHMENT OF DISTRICT; BOUNDARIES.—
   46         A. This act may be cited as the “North Lake County Hospital
   47  District Act.”
   48         B. There is created and established as an independent
   49  special taxing district of the state a hospital district in Lake
   50  County to be known as the “North Lake County Hospital District,”
   51  which shall comprise and include the territory within Lake
   52  County described as follows:
   53  
   54         Beginning at the range line dividing ranges 26 and 27
   55         east at its intersection with the township line
   56         separating townships 20 and 21 south of the
   57         Tallahassee meridian; thence north on said range line
   58         to the township line dividing townships 19 and 20
   59         south; thence east on said township line to the Wekiva
   60         River; thence north along the thread of the said
   61         Wekiva River to the St. Johns River; thence in a
   62         northerly and northwesterly direction through the
   63         thread of the St. Johns River to the southwest shore
   64         of Lake George; thence north along the west shore of
   65         Lake George to the range line dividing ranges 26 and
   66         27 east; thence south on said range line to the
   67         township line dividing townships 17 and 18 south;
   68         thence west on said township line to the northeast
   69         corner of section 1, township 18 south, range 25 east;
   70         thence run south along the east range line for range
   71         25 to the southeast corner of section 36, township 18
   72         south, range 25 east; thence run east along the North
   73         boundary of section 6, township 19 south, range 26
   74         east, to the waters of Lake Eustis; thence
   75         southwesterly along the waters of Lake Eustis to the
   76         center of the mouth of Dead River; thence
   77         southwesterly along the center of Dead River to an
   78         extension of the west boundary of section 24, township
   79         19 south, range 25 east, extended south into Lake
   80         Harris; thence run southwesterly across Lake Harris to
   81         the intersection of the eastern boundary of section
   82         12, township 20 south, range 24 east, with the waters
   83         of Lake Harris; thence run southeasterly and
   84         south/southeasterly along the shoreline of Lake Harris
   85         and Little Lake Harris to the south boundary line of
   86         section 24, township 20 south, range 25 east; thence
   87         run west to the northwest corner of section 27,
   88         township 20 south, range 25 east; thence run south to
   89         the southwest corner of section 34, township 20 south,
   90         range 25 east; thence run east along the township line
   91         separating townships 20 and 21 south, to the
   92         Tallahassee Meridian to the point of beginning
   93         (hereinafter the “Northeast Territory”).
   94  
   95         and
   96  
   97         Begin at the northwest (NW) corner of section 6, in
   98         township 18 south, range 24 east, and run east along
   99         the north township line of township 18 south, to the
  100         northeast corner of section 1, township 18 south,
  101         range 25 east; thence run south along the east range
  102         line of range 25 to the southeast corner of section
  103         36, township 18 south, range 25 east; thence run east
  104         along the north boundary of section 6, township 29
  105         south, range 26 east, to the waters of Lake Eustis;
  106         thence southwesterly along the waters of Lake Eustis
  107         to the center of the mouth of Dead River; thence
  108         southwesterly along the center of Dead River to an
  109         extension of the west boundary of section 24, township
  110         19 south, range 25 east, extended south into Lake
  111         Harris; thence run southwesterly across Lake Harris to
  112         the point that the eastern boundary of section 12,
  113         township 20 south, range 24 east intersects with the
  114         waters of Lake Harris; thence run in a general
  115         southeasterly direction along the waters of Lake
  116         Harris to the point that the southern boundary of
  117         section 24, township 20 south, range 25 east, and the
  118         waters of Lake Harris intersect; thence run west along
  119         the south boundary of sections 24, 23, and 22,
  120         township 20 south, range 25 east, to the southwest
  121         (SW) corner of said section 22, township 20 south,
  122         range 25 east; thence run south along the west
  123         boundary of sections 27 and 34, township 20 south,
  124         range 25 east to the southwest (SW) corner of section
  125         34, township 20 south, range 25 east; thence run west
  126         along the south line of said township 20 to western
  127         boundary of Lake County, and west boundary of range 24
  128         east; thence north along the west boundary of said
  129         range 24 to the point of beginning (hereinafter the
  130         “Northwest Territory”).
  131         Section 2. DEFINITIONS.—As used in this act and for
  132  purposes of this act, the term:
  133         A. “Board of trustees” and “board” mean the Board of
  134  Trustees of the North Lake County Hospital District.
  135         B. “District” means the North Lake County Hospital
  136  District.
  137         C. “Indigent care” means medically necessary health care
  138  provided to residents of the North Lake County Hospital District
  139  who are determined to be qualified pursuant to the provisions of
  140  the Florida Health Care Responsibility Act, section 154.304(9),
  141  Florida Statues, and the Florida Health Care Indigency
  142  Eligibility Certification Standards, Florida Administrative
  143  Code, rule 59H-1.0035(30).
  144         D. “Provider” means a licensed hospital or primary care
  145  clinic physically located in the district.
  146         Section 3. PUBLIC PURPOSE OF THE DISTRICT.—The public
  147  purpose of the district is to provide a means to pay for
  148  indigent care provided in accordance with this act. Indigent
  149  care may be provided to residents of the district in accordance
  150  with this act through the use of health care facilities not
  151  owned and operated by the board of trustees. The provision of
  152  such indigent care is found and declared to be a public purpose
  153  and necessary for the preservation of the public health of the
  154  residents of the district.
  155         Section 4. MEMBERSHIP AND ORGANIZATION OF THE GOVERNING
  156  BOARD OF THE DISTRICT.—
  157         A. General.—
  158         1. The district shall be governed by a board of trustees
  159  composed of six persons to be elected by the electors residing
  160  within the district in a general election. The trustees
  161  currently serving on the board shall continue in their capacity
  162  to the completion of their terms. The term of office of each
  163  trustee shall be 4 years and a trustee may not serve more than
  164  two terms for a maximum of 8 years. The term of office shall
  165  expire on the date of the general election held 4 years after
  166  the date on which that trustee was elected. All elections for
  167  the office of trustee shall be conducted in the same manner as
  168  elections for county commissioners.
  169         2. The members of the board of trustees shall serve without
  170  pay. Each member shall give a bond to the Board of County
  171  Commissioners of Lake County and its successors in office for
  172  the use and benefit of the district for the faithful performance
  173  of his or her duties in the sum of $1,000 with a surety company
  174  qualified to do business in this state as surety, which bond
  175  shall be approved and accepted by the Clerk of the Circuit Court
  176  of Lake County. The premiums on such bond shall be paid by the
  177  district as part of the expenses of the district.
  178         3. Four of the trustees shall constitute a quorum, and a
  179  vote of at least four of the trustees is necessary for the
  180  transaction of any business of the district. The board of
  181  trustees may select from among its membership a chair, vice
  182  chair, secretary, and treasurer. The board of trustees shall
  183  cause true and accurate minutes and records to be kept of all
  184  business transacted by them and shall keep full, true, and
  185  complete books of account and minutes, which minutes and books
  186  shall be open and subject to the inspection of the residents of
  187  the district at all reasonable times during normal business
  188  hours. Any person desiring to do so may obtain a copy of the
  189  minutes and books of account or such portions thereof as he or
  190  she may desire upon payment of the costs of reproduction.
  191         B. Election of the board of trustees.—
  192         1. Registration of electors.—Any person who is a resident
  193  of the district, at least 18 years of age, and registered with
  194  the Supervisor of Elections for Lake County is eligible to vote
  195  for the election of members of the board of trustees.
  196         2. Qualifications of candidate.—All trustees must be duly
  197  qualified electors who reside in the district. Three trustees
  198  must reside in the Northeast Territory and three trustees must
  199  reside in the Northwest Territory. Beginning with the general
  200  election in 2014 and in each general election thereafter, a
  201  person is not eligible to seek election to the board of trustees
  202  if that person served, within the previous 4 years before the
  203  election, as an officer or member of a board of directors of a
  204  hospital physically located in the district, a parent
  205  corporation of such a hospital, or a foundation of such a
  206  hospital.
  207         3. Vacancies.—Vacant trustee seats shall be filled through
  208  appointment by the Governor; appointees shall serve until the
  209  expiration of the term for which they are appointed.
  210         C. Annual meeting.—The annual meeting shall be held before
  211  January 31 of each year at such time and place within the
  212  district as is determined by the board of trustees. Notice of
  213  the date, time, and place of the annual meeting shall be
  214  published online on a publicly accessible website maintained by
  215  the district and in a daily newspaper of general circulation, in
  216  a section other than the legal ad or classified ad sections, in
  217  the district once per week for 2 consecutive weeks. The date of
  218  the first publication of such notice must be at least 15, and
  219  not more than 30, days before the annual meeting. The agenda at
  220  the annual meeting of the board of trustees shall include, but
  221  is not limited to:
  222         1. Call to order.
  223         2. Presentation and approval of minutes of the last annual
  224  meeting and of any special meeting held since that meeting.
  225         3. Financial report.
  226         4. Presentation of the annual report of the board of
  227  trustees.
  228         5. Transaction of any business that may properly be brought
  229  before the board.
  230         6. Election of officers of the board of trustees.
  231         D. Special meetings.—Special meetings of the board of
  232  trustees may be called at any time by the chair or upon the
  233  written request of four members of the board of trustees.
  234  Notices of special meetings of the board of trustees shall be
  235  published online on a publicly accessible website maintained by
  236  the district and by publication in a daily newspaper of general
  237  circulation in the district at least 7 days before such meeting,
  238  stating the date and place and general matters of the business
  239  to be considered.
  240         E. Removal of members from the board of trustees.—Any
  241  member of the board of trustees may be removed by the Governor
  242  at any time, for cause, in which event such vacancy or vacancies
  243  thereby occurring shall be filled through appointment by the
  244  Governor for the unexpired term.
  245         Section 5. POWERS, FUNCTIONS, AND DUTIES.—
  246         A. General powers.—The district may:
  247         1. Adopt an official seal and alter it at pleasure.
  248         2. Maintain an office within the district’s geographical
  249  territory at a place it may designate.
  250         3. Sue and be sued in its own name and plead and be
  251  impleaded, but with all sovereign immunity and limitations
  252  provided by the State Constitution and general law.
  253         4. Make and execute agreements of lease, contracts, and
  254  other instruments necessary in the exercise of its powers and
  255  functions under this act.
  256         5. Lease as lessor or lessee to or from any person, firm,
  257  corporation, association, or body, public or private, any
  258  facilities or property for the use of the district to carry out
  259  the purpose of the district in its reasonable judgment.
  260         6. Employ attorneys, accountants, and such other employees
  261  and agents as may be necessary, in its reasonable judgment, to
  262  carry out the purpose of the district, and fix their reasonable
  263  compensation.
  264         7. Levy an ad valorem tax in the district not to exceed 1
  265  mill on the dollar of the value of all nonexempt property within
  266  that area of Lake County which comprises the district. Such tax
  267  shall be paid into the district fund.
  268         8. Cooperate with, apply for and receive grants from, or
  269  contract with other governmental agencies or private individuals
  270  or entities as may be necessary, convenient, or proper in
  271  connection with any of the powers and duties authorized by this
  272  act and to carry out the public purpose of the district in its
  273  reasonable judgment.
  274         9. Adopt and promulgate policies, rules, and procedures for
  275  the efficient and effective operation of the district and to
  276  ensure the proper implementation of this act.
  277         10. Do all things necessary to carry out the purpose of the
  278  district and to ensure the proper implementation of this act.
  279         B. Collection of taxes.—It is the duty of the Property
  280  Appraiser of Lake County to assess, and the Tax Collector of
  281  Lake County to collect, the ad valorem tax levied by the board
  282  of trustees upon the taxable property in the district. The tax
  283  collector shall collect such tax as levied by the board of
  284  trustees in the same manner as other taxes are collected and
  285  shall pay the same over to the board of trustees within the time
  286  and in the manner prescribed by law for the payment of the Tax
  287  Collector of Lake County taxes to the county depository. It is
  288  the duty of the Department of Revenue to assess all such
  289  property in accordance with section 193.085, Florida Statutes.
  290  The amount of each county or state taxes and the taxes for the
  291  district shall be assessed by the officer respectively as are
  292  county taxes upon such property, and such tax shall be remitted
  293  by the collecting officer to the board of trustees. All such
  294  taxes shall be held by the board of trustees and paid out by
  295  them for purposes of this act.
  296         C. Liens and foreclosures.—Liens and foreclosure of liens
  297  resulting from failure to pay ad valorem taxation shall be
  298  treated as liens and foreclosures resulting from other ad
  299  valorem taxes.
  300         Section 6. PERMITTED USES OF TAX FUNDS.—Consistent with the
  301  public purpose of the district, the use of funds received
  302  through the district’s taxing power and any interest thereon may
  303  be used:
  304         A. For reasonable expenses incurred by the district to
  305  administer and enforce this act, including the use of private
  306  vendors.
  307         B. To pay for indigent care provided by licensed hospitals
  308  physically located in the district according to policies and
  309  procedures adopted by the board of trustees pursuant to and
  310  consistent with this act.
  311         C. To pay for indigent care provided by licensed primary
  312  care clinics physically located in the district that are
  313  approved by the board of trustees, if the care does not overlap
  314  or duplicate care available through other public health clinics
  315  physically located in the district and serving medically
  316  indigent residents of the district.
  317         D. To maximize public or private grant or matching funds
  318  available for indigent care, including, but not limited to,
  319  Medicaid Supplemental Hospital Funding Programs, the Low-Income
  320  Pool Program, the Disproportionate Share Hospital Program, and
  321  similar programs.
  322         E. To contract with the Lake County Board of County
  323  Commissioners for services performed for the district by
  324  personnel employed by the county, as well as logistical and
  325  technical support, to carry out, in its reasonable judgment, the
  326  purpose of the district.
  327         F. To lower the millage rate in succeeding years.
  328         Section 7. RESTRICTIONS.—
  329         A. The district board may not issue bonds, raise tax
  330  revenue from any other source, or impose non-ad valorem
  331  assessments.
  332         B. Funds received through the district’s taxing power and
  333  any interest thereon may not be used:
  334         1. To compensate for a provider’s inability to collect
  335  debts arising from serving persons who are not eligible for
  336  indigent care under this act.
  337         2. To cover shortfalls or deficiencies in the amounts paid
  338  by Medicare or private insurance from patients who are not
  339  eligible for indigent care under this act.
  340         3. To compensate for normal business overhead or expenses.
  341         4. For capital expenditures incurred by or for a provider.
  342         5. For indigent care based on assumptions, models, studies,
  343  or expert analyses or opinions.
  344         6. For indigent care in excess of the actual cost of
  345  providing such care; however, the payment for indigent care
  346  provided may not exceed the amount payable by the Medicare
  347  program for identical or substantially similar care in the
  348  territory of the district.
  349         Section 8. FISCAL RESPONSIBILITY, TRANSPARENCY, AND
  350  ACCOUNTABILITY.—
  351         A. The board of trustees shall annually determine and
  352  approve a balanced district budget and millage in accordance
  353  with chapter 200, Florida Statues, this act, and generally
  354  accepted accounting principles.
  355         B. At least once each year, the board of trustees shall
  356  post online on a publicly accessible website maintained by the
  357  district and publish once in a daily newspaper of general
  358  circulation in the district a complete detailed statement of all
  359  moneys received and disbursed by it since the creation of the
  360  district as to the first published statement and since the last
  361  published statement as to any other year. The statement must
  362  include the sources from which the funds were received, the
  363  balance on hand at the time of the published statement, and a
  364  complete statement of the financial condition of the district.
  365         C. Any provider receiving funds from the district is
  366  subject to an audit of its records relative to the patients for
  367  whom payment is sought in order to ensure compliance with this
  368  act. All auditors must contractually agree to comply with
  369  applicable patient confidentiality rules, including the Health
  370  Insurance Portability and Accountability Act of 1996 (HIPAA;
  371  Pub. L. No. 104-191, 110 Stat. 1936) and rules implementing that
  372  act.
  373         D. The district must conduct financial integrity and
  374  compliance audits of providers receiving payments in any one
  375  fiscal year in excess of 10 percent of the district’s tax
  376  revenue in that year, and may initiate other audits of any
  377  provider at any time, to ensure compliance with this act and to
  378  provide transparency and accountability to the taxpayers. All
  379  audit reports become public records upon acceptance by the board
  380  of trustees. If, upon completion of an audit, it is determined
  381  that payment was made by the district that was not in compliance
  382  with this act, a rebuttable presumption is created that the
  383  district is entitled to a recoupment of the amounts in question.
  384  Notice to the provider and an opportunity to go forward with
  385  evidence rebutting the presumption in an informal setting shall
  386  be provided. Pending any judicial determination, the district
  387  may set off the amounts in question against any other amounts
  388  owed or to be owed to the provider. If informal resolution
  389  cannot be reached between the parties, a formal mediation
  390  conference is required and is a condition precedent to the
  391  filing of a lawsuit. Venue for any legal proceedings is in the
  392  Circuit Court of Lake County.
  393         E. The board of trustees shall adopt and promulgate
  394  eligibility verification criteria and procedures designed to
  395  ensure that all recipients of indigent care for which payment is
  396  sought under this act are qualified by the provider as medically
  397  indigent persons and residents of the district.
  398         F. Any indigent care for which payment is requested in
  399  whole or in part from the district must be certified by the
  400  provider as medically necessary.
  401         G. A provider requesting payment under this act must
  402  certify, under penalty of perjury, that the eligibility
  403  verification procedures adopted by the board of trustees have
  404  been complied with and that he or she, in good faith, believes
  405  that the person is qualified to receive indigent care under this
  406  act.
  407         H. If estimated payments are made to a provider eligible to
  408  receive payment from the district, to ensure public oversight,
  409  accountability, and public benefit, the hospital or clinic shall
  410  maintain such funds in a separate accounting fund and document
  411  each payment or draw down from that account so that a complete
  412  audit record is established. The separate account and all direct
  413  support documentation that is part of the audit record is
  414  subject to disclosure as provided in chapter 119, Florida
  415  Statutes.
  416         I. Annual financial statements.—All hospitals receiving any
  417  payments from the district in a given fiscal year, and their
  418  parent corporations and foundations, shall each file annual
  419  audited financial statements with the district.
  420         J. The board of trustees shall timely provide to each
  421  member of the Lake County Legislative Delegation:
  422         1. All financial statements and reports of the district.
  423         2. All audit reports of the district and of all providers
  424  that are the subjects of audits initiated by the district.
  425         3. By January 31 of each year, an annual report for the
  426  previous fiscal year providing a detailed review of the
  427  performance of the district containing actual data and analyses
  428  of patients served, the names and types of providers used, the
  429  ratio of administrative to direct patient expenditures, problems
  430  encountered, and recommendations for improvement, including
  431  proposed legislative changes to this act.
  432         Section 9. FINANCIAL DISCLOSURE AND NOTICE.—
  433         A. Members of the board of trustees are subject to the
  434  financial disclosure requirements provided in general law.
  435         B. Except as otherwise expressly required in this act, the
  436  board of trustees is subject to the reporting, notice, and
  437  public meetings requirements of sections 189.415, 189.417, and
  438  189.418, Florida Statutes. All meeting and workshop notices and
  439  minutes of meetings and workshops shall be posted online on a
  440  publicly accessible website maintained by the district.
  441         Section 10. AMENDMENTS TO THE CHARTER.—This act may not be
  442  amended except by action of the Legislature.
  443         Section 11. SOVEREIGN IMMUNITY.—For purposes of sovereign
  444  immunity pursuant to section 768.28(2), Florida Statutes, any
  445  primary care clinic physically located in the district the main
  446  purpose of which is to provide indigent care and which directly
  447  delivers that care for compensation from the district as
  448  provided in this act, and any health care provider who
  449  volunteers his or her services to the primary care clinics to
  450  provide indigent care without receiving personal financial
  451  compensation, shall be conclusively deemed to be primarily
  452  acting as an instrumentality of the state.
  453         Section 12. COMPREHENSIVE PLANNING.—Except as may otherwise
  454  be required by general law, comprehensive planning is not
  455  required by this act.
  456         Section 13. ESTABLISHMENT AND DISSOLUTION OF THE DISTRICT.
  457  The district, established pursuant to section 189.4042, Florida
  458  Statutes, is reestablished by this act as a special district
  459  under chapter 189, Florida Statutes. The district may be
  460  dissolved by action of the Legislature.
  461         Section 14. DURATION AND CONTINUATION.—The district expires
  462  and shall be dissolved at the end of its fiscal year in 2017
  463  without further action by the Legislature. However, the district
  464  may be continued at the end of that period for 10 years if in
  465  the general election in 2016 a majority of the electors voting
  466  in a referendum called for that purpose approve its
  467  continuation. The district is subject to a continuation vote in
  468  like manner every 10 years thereafter. If the district is
  469  dissolved without further action by the Legislature as provided
  470  in this act, all property owned by the district is transferred
  471  to, and all indebtedness of the district is assumed by, the Lake
  472  County Board of County Commissioners effective upon such
  473  dissolution.
  474         Section 15. REFERENDUM.—The Board of County Commissioners
  475  of Lake County shall call, and the Supervisor of Elections of
  476  Lake County shall conduct, in conjunction with the general
  477  election to be held on November 8, 2016, or such other general
  478  election date as provided by general law, a referendum as
  479  follows:
  480  
  481       CONTINUATION OF THE NORTH LAKE COUNTY HOSPITAL DISTRICT     
  482  
  483         Shall the independent special district known as the
  484         North Lake County Hospital District with authority to
  485         levy each year an ad valorem tax not to exceed 1 mill
  486         to fund indigent care to qualified residents of the
  487         district be continued for another 10 years?
  488  
  489         Yes___
  490  
  491         No____
  492  
  493         Section 4. Chapters 2002-348 and 2004-460, Laws of Florida,
  494  are repealed.
  495         Section 5. This act shall take effect upon becoming a law.