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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