House Bill 0971e1

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                                           HB 971, First Engrossed



  1                      A bill to be entitled

  2         An act relating to Citrus County; providing for

  3         codification of special laws regarding special

  4         districts pursuant to chapter 97-255, Laws of

  5         Florida, relating to the Citrus County Hospital

  6         Board, an independent special district in

  7         Citrus County; providing legislative intent;

  8         codifying, amending, and reenacting chapter

  9         65-1371, Laws of Florida, as amended, the

10         "Citrus County Hospital and Medical Nursing and

11         Convalescent Home Act"; removing references to

12         freeholders; deleting obsolete language; making

13         technical revisions; repealing all prior

14         special acts relating to board; providing an

15         effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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

20  Florida, this act constitutes the codification of all special

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

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

23  single, comprehensive special act charter for the district,

24  including all current legislative authority granted to the

25  district by its several legislative enactments and any

26  additional authority granted by this act.

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

28  69-944, Laws of Florida, and chapter 70-1001, Laws of Florida,

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

30  reenacted, and amended to read:

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                                           HB 971, First Engrossed



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

  2  the "Citrus County Hospital and Medical Nursing and

  3  Convalescent Home Act."

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

  5  shall have the following meanings:

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

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

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

  9  in the State of Florida.

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

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

12  real and personal property of every nature whatsoever.

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

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

15  operate.

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

17  convalescent homes" shall include hospitals, medical care

18  facilities, clinics and other allied medical care units.

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

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

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

22  impleaded, contract and be contracted with, acquire and

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

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

25  corporation without stock and is composed of and governed by

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

27  trustees.  The hospital board is hereby constituted and

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

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

30  convalescent homes in the county.  The hospital board shall

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


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                                           HB 971, First Engrossed



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

  2  automatically become trustees and shall constitute the board.

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

  4  is presently serving. All subsequent appointments, upon the

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

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

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

  8  any vacancy occurring shall be filled by appointment by the

  9  Governor for the unexpired term.  Each appointment by the

10  Governor is subject to approval and confirmation by the

11  Florida Senate.

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

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

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

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

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

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

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

19  conditioned upon the faithful performance of the duties of the

20  officer, which bonds shall be approved by the remaining

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

22  of County Commissioners of Citrus County.  The premiums on

23  said bonds shall be paid by the hospital board.

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

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

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

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

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

29  for payment of bonds or revenue certificates when permitted or

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

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


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                                           HB 971, First Engrossed



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

  2  Deposit Insurance Corporation; and

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

  4  of funds of the state or funds for the office of the state

  5  treasury.

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

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

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

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

10  delivered to the payee without approval thereof shown in the

11  minutes of the hospital board.

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

13  compensation for their services.  Three trustees shall

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

15  conducting its business and exercising its powers and for all

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

17  vote in the affirmative of three trustees thereof.

18         Section 5.  The Citrus County Hospital Board as hereby

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

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

21  convalescent homes, primarily and chiefly for the benefit of

22  the citizens and residents of Citrus County.  Authority is

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

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

25  hospitals, medical nursing homes, and convalescent homes in

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

27  services are available, without detriment or deprivation to

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

29  hospitalization and medical nursing home and convalescent home

30  services provided by said hospitals, medical nursing homes,

31  and convalescent homes to patients from adjoining and other


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                                           HB 971, First Engrossed



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

  2  the cost of such hospitalization, medical nursing home

  3  services, and convalescent home services as may be determined

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

  5  the power and authority to operate an ambulance system and

  6  ambulance services.  The board shall have the authority to

  7  charge all patients for all services rendered in any facility

  8  owned or operated by the hospital board, including the

  9  ambulance facility.  The board may charge patients interest on

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

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

12  other type of collection facility; may accept promissory notes

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

14  or discount said accounts receivable, notes, or other

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

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

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

18  any assignment of all types of insurance proceeds.

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

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

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

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

23  of county commissioners by the trustees of the Citrus County

24  Hospital Board upon all taxable real and personal property in

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

26  is exempt from general taxation by the Constitution of the

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

28  equipping, maintaining, changing, altering, repairing,

29  leasing, and operating the public hospital herein provided

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

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


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                                           HB 971, First Engrossed



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

  2  collect such assessments when made, and the money collected

  3  shall be paid over monthly to the Citrus County Hospital

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

  5  authorized and required exceed three mills on the dollar.

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

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

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

  9  determine the amount required during the ensuing fiscal year

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

11  maintaining, operating, altering, changing, leasing,

12  financing, and repairing said county hospitals, medical

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

14  of said purposes.  Such determination shall be by resolution

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

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

17  commissioners the amount required as aforesaid, which shall be

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

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

20  board of county commissioners, upon being furnished a

21  certified copy of the resolution of the hospital board last

22  mentioned shall levy the necessary millage to raise such

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

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

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

26  property exempt from taxation by the Florida Constitution.

27  The resolution of the county hospital board above referred to

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

29  Board of County Commissioners of Citrus County not less than

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

31  County Commissioners of Citrus County not less than ten days


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                                           HB 971, First Engrossed



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

  2  taxes.

  3         Section 8.  The hospital board is hereby authorized and

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

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

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

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

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

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

10  homes, convalescent homes, medical care facilities, and

11  clinics in the county.

12         Section 9.  The hospital board is authorized and

13  empowered to enter into contracts with individuals,

14  partnerships, corporations, municipalities, the county, the

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

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

17  carry out the purposes of this act.

18         Section 10.  The hospital board is empowered to and

19  shall adopt all necessary rules and regulations and bylaws for

20  the operation of hospitals, medical nursing homes, and

21  convalescent homes; to provide for the admission thereto and

22  treatment of such charity patients who are citizens of Florida

23  and residents of Citrus County for the last two preceding

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

25  admission and treatment therein of all patients; and to

26  establish the qualifications for members of the medical

27  profession to be entitled to practice therein.

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

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

30  operation of hospitals, medical nursing homes, and

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


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                                           HB 971, First Engrossed



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

  2  all other employees as are necessary for carrying out the

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

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

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

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

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

  8  1965, and at the end of each fiscal year thereafter, the

  9  Citrus County Hospital Board shall within thirty days

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

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

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

13  copy of said financial report with the Board of County

14  Commissioners of Citrus County, which report shall be recorded

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

16  of county commissioners at its discretion and at the expense

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

18  newspaper of general circulation in Citrus County.

19         Section 13.  In addition to all other implied and

20  express powers contained herein, the board shall have the

21  express authority to negotiate loans to borrow money from the

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

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

24  for the purpose or purposes of constructing, maintaining,

25  repairing, altering, expanding, equipping, leasing, and

26  operating county hospitals, medical nursing homes,

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

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

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

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

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


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                                           HB 971, First Engrossed



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

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

  3         Section 14.  In addition to all other implied and

  4  express powers contained herein, the board shall have the

  5  express authority to borrow money, with or without issuing

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

  7  maintaining, repairing, altering, expanding, equipping,

  8  leasing, and operating county hospitals, medical nursing

  9  homes, convalescent homes, medical care facilities, clinics,

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

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

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

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

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

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

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

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

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

19  does not exceed five (5) years.

20         Section 15.  Said board shall have express authority to

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

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

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

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

25  altering, changing, maintaining, operating, leasing, and

26  repairing said hospitals, medical nursing homes, and

27  convalescent homes.

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

29  loans, notes, or revenue certificates shall mature within

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

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


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                                           HB 971, First Engrossed



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

  2  certificates, and federal or state hospital loans issued and

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

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

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

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

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

  8  (1 1/2) mills per year.  Said millage is included in the

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

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

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

12  nursing home.

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

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

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

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

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

18  said county.

19         (c)  Whenever this board shall pass a resolution

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

21  commissioners shall immediately thereafter pass a resolution

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

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

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

25  revenue certificates shall not be issued until after the same

26  have been approved in a validation suit.

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

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

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

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

31  subsection (h).


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                                           HB 971, First Engrossed



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

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

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

  4  it, shall fix the denomination or denominations thereof and

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

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

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

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

  9  revenue certificate or coupon shall cease to be such officer

10  before the delivery thereof, such signature or facsimile shall

11  nevertheless be valid and sufficient for all purposes the same

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

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

14  issued hereunder shall have and are hereby declared to have

15  all the qualities and incidents of negotiable instruments

16  under the negotiable instruments law of the state.

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

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

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

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

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

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

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

24         (g)  The board of county commissioners during said

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

26  (1 1/2) mills) levy above authorized for the repayment of the

27  bonds and interest, levy annually the remainder of the

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

29  mills on the dollar for the purpose of maintaining and

30  operating the county hospitals, medical nursing homes, and

31  convalescent homes.


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                                           HB 971, First Engrossed



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

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

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

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

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

  6  established by the Chase Manhattan Bank, National Association,

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

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

  9  apply only to debts created or incurred subsequent to the

10  effective date of this amendment.  The term debt paper

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

12  certificates.

13         Section 17.  The total amount outstanding indebtedness

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

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

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

17         Section 18.  Heretofore, the Legislature of the State

18  of Florida authorized said previously existing hospital board

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

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

21  not preclude said previously existing hospital board or its

22  successors from issuing previously authorized and validated

23  hospital bonds.

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

25  provision of this act shall be held unconstitutional by a

26  court of competent jurisdiction, it shall nevertheless not

27  effect the constitutionality or effectiveness of the remainder

28  of this act.

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

30  69-944, Laws of Florida, and chapter 70-1001, Laws of Florida,

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                                           HB 971, First Engrossed



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

  2  act.

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

  4  law.

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