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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Community Affairs offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Pursuant to chapter 97-255, Laws of

18  Florida, this act constitutes the codification of all special

19  acts relating to the Citrus County Hospital Board.  It is the

20  intent of the Legislature in enacting this law to provide a

21  single, comprehensive special act charter for the district,

22  including all current legislative authority granted to the

23  district by its several legislative enactments and any

24  additional authority granted by this act.

25         Section 2.  Chapter 65-1371, Laws of Florida, chapter

26  69-944, Laws of Florida, and chapter 70-1001, Laws of Florida,

27  relating to the Citrus County Hospital Board, are codified,

28  reenacted, and amended to read:

29         Section 1.  This act shall be known and may be cited as

30  the "Citrus County Hospital and Medical Nursing and

31  Convalescent Home Act."

                                  1

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1         Section 2.  As used in this act the words and terms

 2  shall have the following meanings:

 3         (a)  The term "Citrus County Hospital Board" or the

 4  word "board" shall mean the Citrus County Hospital Board.

 5         (b)  The word "County" shall mean the County of Citrus,

 6  in the State of Florida.

 7         (c)  The word "State" shall mean the State of Florida.

 8         (d)  The word "property" as used herein shall mean the

 9  real and personal property of every nature whatsoever.

10         (e)  The word "operate" shall include build, construct,

11  maintain, repair, alter, expand, equip, lease, finance and

12  operate.

13         (f)  The words "county hospital and medical nursing and

14  convalescent homes" shall include hospitals, medical care

15  facilities, clinics and other allied medical care units.

16         Section 3.  (a)  There is hereby created the Citrus

17  County Hospital Board, an independent special district, and by

18  that name the board may sue and be sued, plead and be

19  impleaded, contract and be contracted with, acquire and

20  dispose of property or any interest therein, and have an

21  official seal. The board is created as a public nonprofit

22  corporation without stock and is composed of and governed by

23  the five (5) members herein provided for, to be known as

24  trustees.  The hospital board is hereby constituted and

25  declared to be an agency of the county and incorporated for

26  the purpose of operating hospitals, medical nursing homes, and

27  convalescent homes in the county.  The hospital board shall

28  consist of five (5) trustees appointed by the Governor and,

29  upon this act becoming a law, the present members will

30  automatically become trustees and shall constitute the board.

31  Their respective terms of office shall be the term each member

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  is presently serving. All subsequent appointments, upon the

 2  expiration of the present terms, shall be for the term of four

 3  (4) years.  Upon the expiration of the term of each trustee,

 4  the successor shall be appointed by the Governor.  Likewise,

 5  any vacancy occurring shall be filled by appointment by the

 6  Governor for the unexpired term.  Each appointment by the

 7  Governor is subject to approval and confirmation by the

 8  Florida Senate.

 9         (b)  The trustees of said board shall elect from its

10  members a chair, a vice chair, and a secretary-treasurer who

11  shall each hold office for a period of two (2) years.  Each

12  trustee shall execute a bond in the penal sum of five thousand

13  dollars ($5,000) with two (2) good and sufficient sureties of

14  a surety company authorized under the laws of the state to

15  become surety, payable to the Citrus County Hospital Board,

16  conditioned upon the faithful performance of the duties of the

17  officer, which bonds shall be approved by the remaining

18  trustees of the board and which shall be filed with the Board

19  of County Commissioners of Citrus County.  The premiums on

20  said bonds shall be paid by the hospital board.

21         (c)  The hospital board shall select and designate one

22  (1) or more depositories, located within Citrus County, for

23  the deposit of hospital funds. In addition, the board may

24  select and designate one (1) or more depositories outside of

25  Citrus County for trust funds received from the sale and/or

26  for payment of bonds or revenue certificates when permitted or

27  required to do so by an order, decree, or judgment from any

28  state or federal court.  Any depository selected must be:

29         (1)  A national or state bank insured by the Federal

30  Deposit Insurance Corporation; and

31         (2)  Qualified to act as a depository for the deposit

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  of funds of the state or funds for the office of the state

 2  treasury.

 3         (d)  Any and all funds so deposited shall be withdrawn

 4  by a check or warrant signed by two (2) trustees of the

 5  hospital board, of which one (1) shall be the chair, vice

 6  chair, or secretary-treasurer.  No check or warrant shall be

 7  delivered to the payee without approval thereof shown in the

 8  minutes of the hospital board.

 9         Section 4.  The trustees of the board shall receive no

10  compensation for their services.  Three trustees shall

11  constitute a quorum of the hospital board for the purpose of

12  conducting its business and exercising its powers and for all

13  other purposes.  Action may be taken by the board only upon a

14  vote in the affirmative of three trustees thereof.

15         Section 5.  The Citrus County Hospital Board as hereby

16  created shall be for the purpose of operating, in the County

17  of Citrus, public hospitals, medical nursing homes, and

18  convalescent homes, primarily and chiefly for the benefit of

19  the citizens and residents of Citrus County.  Authority is

20  hereby given to said board to build, erect, expand, equip,

21  maintain, operate, alter, change, lease, and repair public

22  hospitals, medical nursing homes, and convalescent homes in

23  Citrus County.  The corporation is authorized, when rooms and

24  services are available, without detriment or deprivation to

25  the citizens and residents of Citrus County, to extend the

26  hospitalization and medical nursing home and convalescent home

27  services provided by said hospitals, medical nursing homes,

28  and convalescent homes to patients from adjoining and other

29  counties of Florida and from other states, upon the payment of

30  the cost of such hospitalization, medical nursing home

31  services, and convalescent home services as may be determined

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  by the trustees of the hospital board.  The board shall have

 2  the power and authority to operate an ambulance system and

 3  ambulance services.  The board shall have the authority to

 4  charge all patients for all services rendered in any facility

 5  owned or operated by the hospital board, including the

 6  ambulance facility.  The board may charge patients interest on

 7  the patient's account; may sell, discount, or assign said

 8  account to a bank, finance company, collection agency, or

 9  other type of collection facility; may accept promissory notes

10  or other types of debt obligations from a patient; may assign

11  or discount said accounts receivable, notes, or other

12  obligations; may require a patient to guarantee the payment of

13  an existing account or note; may require a guarantee of

14  payment before admitting a patient; and may receive and assign

15  any assignment of all types of insurance proceeds.

16         Section 6.  It shall be the duty of the Board of County

17  Commissioners of Citrus County and/or their successors to levy

18  or cause to be levied each year beginning with the fiscal year

19  commencing July 1, 1965, the millage certified to said board

20  of county commissioners by the trustees of the Citrus County

21  Hospital Board upon all taxable real and personal property in

22  Citrus County, not including, however, homestead property that

23  is exempt from general taxation by the Constitution of the

24  State of Florida, for the purpose of erecting, building,

25  equipping, maintaining, changing, altering, repairing,

26  leasing, and operating the public hospital herein provided

27  for, such tax to be known as the hospital tax, and it is

28  hereby made the duty of the property appraiser of said county

29  to make such assessments, and duty of the tax collector to

30  collect such assessments when made, and the money collected

31  shall be paid over monthly to the Citrus County Hospital

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  Board.  However, in no event shall the annual tax herein

 2  authorized and required exceed three mills on the dollar.

 3         Section 7.  From and after the effective date of this

 4  act, in each year (beginning with the year 1965), it shall be

 5  the duty of the hospital board, not later than July 15th, to

 6  determine the amount required during the ensuing fiscal year

 7  for the purpose of erecting, building, expanding, equipping,

 8  maintaining, operating, altering, changing, leasing,

 9  financing, and repairing said county hospitals, medical

10  nursing homes, and convalescent homes, or for any one or more

11  of said purposes.  Such determination shall be by resolution

12  of the hospital board, and it shall be the duty of the chair

13  and secretary of said board to certify to the board of county

14  commissioners the amount required as aforesaid, which shall be

15  provided in a tax levied by the board of county commissioners

16  for the ensuing fiscal year for the "hospital fund."  The

17  board of county commissioners, upon being furnished a

18  certified copy of the resolution of the hospital board last

19  mentioned shall levy the necessary millage to raise such

20  amount, provided, however, such millage shall not exceed three

21  mills per calendar year on the dollar, upon the taxable real

22  and personal property situate in Citrus County, less all such

23  property exempt from taxation by the Florida Constitution.

24  The resolution of the county hospital board above referred to

25  shall be adopted and a certified copy thereof filed with the

26  Board of County Commissioners of Citrus County not less than

27  ten days prior to the time fixed by filed with the Board of

28  County Commissioners of Citrus County not less than ten days

29  prior to the time fixed by law for the levy of general county

30  taxes.

31         Section 8.  The hospital board is hereby authorized and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  empowered to own and acquire property by purchase, lease,

 2  gift, grant, or transfer from the county, the state, or the

 3  Federal Government, or any subdivision or agency thereof, any

 4  municipality, person, partnership, or corporation, and to

 5  acquire, construct, maintain, operate, expand, alter, repair,

 6  change, lease, finance, and equip hospitals, medical nursing

 7  homes, convalescent homes, medical care facilities, and

 8  clinics in the county.

 9         Section 9.  The hospital board is authorized and

10  empowered to enter into contracts with individuals,

11  partnerships, corporations, municipalities, the county, the

12  state or any subdivision or agency thereof, and the United

13  States of America or any subdivision or agency thereof, to

14  carry out the purposes of this act.

15         Section 10.  The hospital board is empowered to and

16  shall adopt all necessary rules and regulations and bylaws for

17  the operation of hospitals, medical nursing homes, and

18  convalescent homes; to provide for the admission thereto and

19  treatment of such charity patients who are citizens of Florida

20  and residents of Citrus County for the last two preceding

21  years; to set the fees and charges to be made for the

22  admission and treatment therein of all patients; and to

23  establish the qualifications for members of the medical

24  profession to be entitled to practice therein.

25         Section 11.  The hospital board shall have the power to

26  purchase any and all equipment that may be needed for the

27  operation of hospitals, medical nursing homes, and

28  convalescent homes, and shall have the power to appoint and

29  hire such agent or agents, technical experts, attorneys, and

30  all other employees as are necessary for carrying out the

31  purposes of this act, and to prescribe their salaries and

                                  7

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  duties.  The board shall have the power to discharge all

 2  employees or agents when it shall be deemed by the board

 3  necessary for the carrying out of the purposes of this act.

 4         Section 12.  For the fiscal year ending September 30,

 5  1965, and at the end of each fiscal year thereafter, the

 6  Citrus County Hospital Board shall within thirty days

 7  thereafter file with the Clerk of the Circuit Court of Citrus

 8  County a full, complete, and detailed accounting of the

 9  preceding year and at the same time shall file a certified

10  copy of said financial report with the Board of County

11  Commissioners of Citrus County, which report shall be recorded

12  in the minutes of the board of county commissioners. The board

13  of county commissioners at its discretion and at the expense

14  of the county may publish and report an accounting in a

15  newspaper of general circulation in Citrus County.

16         Section 13.  In addition to all other implied and

17  express powers contained herein, the board shall have the

18  express authority to negotiate loans to borrow money from the

19  Surgeon General's office, or some other agency of the United

20  States Government or from an agency of the State of Florida,

21  for the purpose or purposes of constructing, maintaining,

22  repairing, altering, expanding, equipping, leasing, and

23  operating county hospitals, medical nursing homes,

24  convalescent homes, medical care facilities, clinics, and all

25  other types of allied medical care units.  Said loan or loans,

26  as provided in this specific section, must be directly related

27  and tied in with a grant-in-aid to said hospital, such as a

28  Hill-Burton grant under the National Hospital Act.  The amount

29  of said loan, such as a Surgeon General's loan, shall not

30  exceed the amount of the grant such as a Hill-Burton grant.

31         Section 14.  In addition to all other implied and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  express powers contained herein, the board shall have the

 2  express authority to borrow money, with or without issuing

 3  notes therefor, for the purpose or purposes of constructing,

 4  maintaining, repairing, altering, expanding, equipping,

 5  leasing, and operating county hospitals, medical nursing

 6  homes, convalescent homes, medical care facilities, clinics,

 7  and all other types of allied medical care units.  The board's

 8  authority to borrow money, with or without issuing notes,

 9  shall be subject to the conditions of this act, applying to

10  the board's right to issue revenue certificates.  However, the

11  board shall not be required to have any type of validation

12  suit or court approval to borrow money when the amount of the

13  loan or loans does not exceed an amount equal to two times the

14  annual hospital tax, assuming said tax is based upon the

15  yearly millage of three (3) mills, and the term of the loan

16  does not exceed five (5) years.

17         Section 15.  Said board shall have express authority to

18  issue bonds, subject to approval by a referendum of the voters

19  of said county, and to issue Revenue Certificates, without a

20  referendum of the voters of said county, the proceeds of which

21  shall be used for erecting, equipping, building, expanding,

22  altering, changing, maintaining, operating, leasing, and

23  repairing said hospitals, medical nursing homes, and

24  convalescent homes.

25         Section 16.  (a)  Said bonds, federal or state hospital

26  loans, notes, or revenue certificates shall mature within

27  twenty (20) years from the year in which they are issued or

28  made, and shall mature in equal amounts each year including

29  the interest.  The aggregate amount of all bonds, revenue

30  certificates, and federal or state hospital loans issued and

31  outstanding at any one time shall not exceed an amount equal

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  to five (5) times the annual hospital tax at the date of

 2  issue, assuming said tax is based upon the yearly millage of

 3  three (3) mills.  Said bonds and interest thereon shall be

 4  payable solely from a millage not to exceed one and one half

 5  (1 1/2) mills per year.  Said millage is included in the

 6  maximum millage of three (3) mills per year.  The loans, notes

 7  and revenue certificates, together with the interest, shall be

 8  payable from the gross receipts of the hospital and/or medical

 9  nursing home.

10         (b)  The full faith and credit of Citrus County shall

11  be pledged for the payment of the bonds and interest, but the

12  full faith and credit of Citrus County shall not be pledged

13  for the payment of the loans, notes, or revenue certificates

14  and interest unless voted upon and approved by the voters of

15  said county.

16         (c)  Whenever this board shall pass a resolution

17  approving the issuance of said bonds, the board of county

18  commissioners shall immediately thereafter pass a resolution

19  approving the bond issue and calling an election and, subject

20  to said election, permitting the repayment of the bonds out of

21  the annual levy of three (3) mills per year. The bonds or

22  revenue certificates shall not be issued until after the same

23  have been approved in a validation suit.

24         (d)  Said loans, notes, bonds, or revenue certificates

25  shall not bear interest in excess of six percent (6%) per year

26  and such lesser amounts that may be available in the open

27  market.  The interest rate may be increased as provided in

28  subsection (h).

29         (e)  The board shall determine the form of the loans,

30  notes, bonds, and revenue certificates, including any interest

31  coupons to be attached thereto, and the manner of executing

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  it, shall fix the denomination or denominations thereof and

 2  the place or places of payment of principal and interest which

 3  may be at any bank or trust company within or without the

 4  state.  In case an officer whose signature or a facsimile of

 5  whose signature shall appear on any loan, note, bond, or

 6  revenue certificate or coupon shall cease to be such officer

 7  before the delivery thereof, such signature or facsimile shall

 8  nevertheless be valid and sufficient for all purposes the same

 9  as if the officer had remained in office until such delivery.

10  All loan agreements, notes, bonds, and revenue certificates

11  issued hereunder shall have and are hereby declared to have

12  all the qualities and incidents of negotiable instruments

13  under the negotiable instruments law of the state.

14         (f)  The board may sell bonds or revenue certificates

15  in such manner, either at public or private sale, and for such

16  price as it may determine to be for the best interest of the

17  hospital board, but no such sale shall be made at a price so

18  low as to require the payment of interest on the money

19  received therefor of more than six percent (6%) per annum. The

20  interest rate may be increased as provided in subsection (h).

21         (g)  The board of county commissioners during said

22  period shall, in addition to the maximum of one and one half

23  (1 1/2) mills) levy above authorized for the repayment of the

24  bonds and interest, levy annually the remainder of the

25  hospital tax in the amount up to one and one half (1 1/2)

26  mills on the dollar for the purpose of maintaining and

27  operating the county hospitals, medical nursing homes, and

28  convalescent homes.

29         (h)  In the event the maturity date of the debt is more

30  than two (2) years after the date the debt is created, the

31  maximum interest rate that can be applied to said debt or debt

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  paper obligation shall not exceed six percent (6%) or one

 2  percent (1%) less than the "prime interest rate," as

 3  established by the Chase Manhattan Bank, National Association,

 4  whichever is the higher, on the date the agreement to create

 5  the debt is executed by the board and the lender.  This shall

 6  apply only to debts created or incurred subsequent to the

 7  effective date of this amendment.  The term debt paper

 8  obligation shall include notes, bonds, and revenue bonds and

 9  certificates.

10         Section 17.  The total amount outstanding indebtedness

11  of said hospital at any one time shall not exceed an amount

12  equal to six (6) times the annual hospital tax, assuming said

13  tax is based upon the yearly millage of three mills.

14         Section 18.  Heretofore, the Legislature of the State

15  of Florida authorized said previously existing hospital board

16  to issue bonds in the amount not to exceed one hundred fifty

17  thousand ($150,000.00) dollars of said bonds. This act shall

18  not preclude said previously existing hospital board or its

19  successors from issuing previously authorized and validated

20  hospital bonds.

21         Section 19.  If any part, section, paragraph, or

22  provision of this act shall be held unconstitutional by a

23  court of competent jurisdiction, it shall nevertheless not

24  effect the constitutionality or effectiveness of the remainder

25  of this act.

26         Section 3.  Chapter 65-1371, Laws of Florida, chapter

27  69-944, Laws of Florida, and chapter 70-1001, Laws of Florida,

28  shall be repealed 10 days after the effective date of this

29  act.

30         Section 4.  This act shall take effect upon becoming a

31  law.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 01 (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, lines 2-7

 4  remove from the title of the bill:  all of said lines

 5

 6  and insert in lieu thereof:

 7         An act relating to Citrus County; providing for

 8         codification of special laws regarding special

 9         districts pursuant to chapter 97-255, Laws of

10         Florida, relating to the Citrus County Hospital

11         Board, an independent special district in

12         Citrus County; providing legislative intent;

13         codifying, amending, and reenacting chapter

14         65-1371, Laws of Florida, as amended, the

15         "Citrus County Hospital and Medical Nursing and

16         Convalescent Home Act"; removing references to

17         freeholders; deleting obsolete language; making

18         technical revisions; repealing all prior

19         special acts relating to board; providing an

20

21

22

23

24

25

26

27

28

29

30

31

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