House Bill 1669
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Florida House of Representatives - 2000 HB 1669
By Representatives Posey, Trovillion, Brummer, Starks,
Johnson, Sublette, Reddick, Constantine and Suarez
1 A bill to be entitled
2 An act relating to Orange County; providing for
3 codification of special laws regarding special
4 districts pursuant to chapter 97-255, Laws of
5 Florida, relating to the West Orange Healthcare
6 District, an independent special tax district
7 of the State of Florida composed of the County
8 of Orange; providing legislative intent, and
9 codifying and reenacting chapter 26066, Laws of
10 Florida, 1949; chapter 57-1639, Laws of
11 Florida; chapter 61-2588, Laws of Florida;
12 chapter 67-1827, Laws of Florida; chapter
13 70-839, Laws of Florida; chapter 71-797, Laws
14 of Florida; chapter 76-452, Laws of Florida;
15 chapter 77-610, Laws of Florida; chapter
16 81-446, Laws of Florida; chapter 83-479, Laws
17 of Florida; chapter 85-476, Laws of Florida;
18 chapter 87-469, Laws of Florida; chapter
19 92-257, Laws of Florida; chapter 95-385, Laws
20 of Florida; chapter 95-484, Laws of Florida;
21 chapter 95-486, Laws of Florida; amending
22 chapter 93-385, Laws of Florida; changing the
23 term of the Board of Trustees; creating the
24 West Orange Healthcare District; providing
25 boundaries; providing for the governing body;
26 providing powers and duties; providing for a
27 quorum; providing for eminent domain;
28 authorizing the board to borrow money;
29 providing for bonds; providing procedures;
30 providing for the payment of expenses;
31 providing for an annual financial statement;
1
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1 providing rules; providing for liberal
2 construction; providing severability; providing
3 an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Pursuant to chapter 97-255, Laws of
8 Florida, this act constitutes the codification of all special
9 acts relating to the West Orange Healthcare District. It is
10 the intent of the Legislature in enacting this law to provide
11 a single, comprehensive special act charter for the district,
12 including all current legislative authority granted to the
13 district by its several legislative enactments and any
14 additional authority granted by this act.
15 Section 2. Chapter 26066, Laws of Florida, 1949;
16 chapter 57-1639, Laws of Florida; chapter 61-2588, Laws of
17 Florida; chapter 67-1827, Laws of Florida; chapter 70-839,
18 Laws of Florida; chapter 71-797, Laws of Florida; chapter
19 76-452, Laws of Florida; chapter 77-610, Laws of Florida;
20 chapter 81-446, Laws of Florida; chapter 83-479, Laws of
21 Florida; chapter 85-476, Laws of Florida; chapter 87-469, Laws
22 of Florida; chapter 92-257, Laws of Florida; chapter 93-385,
23 Laws of Florida; chapter 95-484, Laws of Florida; and chapter
24 95-486, Laws of Florida, are codified, reenacted, amended, and
25 repealed as herein provided.
26 Section 3. The West Orange Healthcare District is
27 re-created and the charter for such district is re-created and
28 reenacted to read:
29 Section 1. That a special tax district as hereby
30 created and incorporated to be known as "West Orange
31
2
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1 Healthcare District" in Orange County, Florida, which said
2 district shall embrace and include the following territory:
3
4 Beginning at the NE corner of Section 25,
5 Township 21, S. Range 28 E, run thence South
6 along the Range line 4 miles to the SE Corner
7 of Section 12, Township 22, S. Range 28 E,
8 thence West along the Section line 4 miles to
9 the SW corner of Section 9, Township 22, S.
10 Range 28 E, thence North along the Section line
11 2 miles to the NW corner of Section 4, Township
12 22, S, Range 28 E, thence West along the
13 Section line 2 miles more or less to the Shore
14 of Lake Apopka, at or near the NW corner of
15 Section 6, Township 22, S, Range 28 E, thence
16 North 2 miles to the NW corner of Section 30,
17 Township 21, S, Range 28 E, thence East along
18 the Section line 6 miles to the point of
19 beginning, at the NE corner of Section 25,
20 Township 21, S, Range 28 E.
21
22 And
23
24 Beginning at the intersection of the East line
25 of Section 16, Township 22, S, Range 27 E, with
26 the Shore of Lake Apopka, run thence South
27 along the Section line 15 miles more or less to
28 the South line of Orange County at the SE
29 corner of Section 33, Township 24, S, Range 27
30 E, thence West along the South line of Orange
31 County 3 miles to the SW corner of Orange
3
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1 County, at the SW corner of Section 31,
2 Township 24, S, Range 27 E, thence North along
3 the West line of Orange County 14 1/2 miles
4 more or less to the intersection of the West
5 line of Section 19, Township 22, S, Range 27 E,
6 with the Shore of Lake Apopka, thence easterly
7 along the Shore of Lake Apopka to the point
8 thence easterly along the Shore of Lake Apopka
9 to the point thence easterly along the Shore of
10 Lake Apopka to the point of beginning, at the
11 intersection of the East line of Section 16,
12 Township 22, S, Range 27 E, with the Shore of
13 Lake Apopka.
14
15 And
16
17 Beginning at the NE corner of Section 36,
18 Township 22, S, Range 27 E, thence South along
19 the Range line 13 miles to the South line of
20 Orange County at the SE corner of Section 36,
21 Township 24, S, Range 27 E, thence West Along
22 the South line of Orange County 3 miles to the
23 SW corner of Section 34, Township 24, S, Range
24 27 E, thence North along the Section line 15
25 miles more or less to the Shore of Lake Apopka,
26 to the intersection with the North line of
27 Section 14, Township 22, S, Range 27 E, thence
28 East along the Section line to the NE corner of
29 the NW 1/4 of Section 13, Township 22, S, Range
30 27 E, thence South along the Quarter Section
31 line 3 miles to the NE corner of NW 1/4 of
4
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1 Section 36, Township 22, S, Range 27 E, thence
2 East along the Section line 1/2 mile to the
3 point of beginning, at the NE corner of Section
4 36, Township 22, S, Range 27 E.
5
6 And
7
8 Beginning at the SE corner of Section 10,
9 Township 22, S, Range 28, E, run thence South
10 on Section line 3 miles to the SE corner of
11 Section 27, Township 22, S, Range 28, E, thence
12 West on the Section line 4 1/2 miles to the SW
13 corner of the SE 1/4 of Section 25, Township
14 22, S, Range 27 E, thence North along the
15 Quarter Section line 3 miles to the NE corner
16 of the NW 1/4 of Section 13, Township 22, S,
17 Range 27 E, thence West along the Section 1,
18 Township 22, S, Range 27 E, thence East along
19 the Township line to the NE corner of Section
20 5, Township 22, S, Range 28 E, thence South
21 along the Section line 2 miles to the SE corner
22 of Section 8, Township 22, S, Range 28 E,
23 thence East along the Section line 2 miles to
24 the point of beginning, at the SE corner of
25 Section 10, Township 22, S, Range 28 E.
26
27 And
28
29 Beginning at the NE corner of Section 34,
30 Township 22, S, Range 28 E, thence South on the
31 Section line 2 miles to the SE corner of
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1 Section 3, Township 23, S, Range 28 E, thence
2 West 4 miles to the SW corner of Section 6,
3 Township 23 S, Range 28 E, thence North on
4 Range line 2 miles to the NW corner of Section
5 31, Township 22, S, Range 28 E, thence East on
6 Section line 4 miles to place of beginning, at
7 the NE corner of Section 34, Township 22, S,
8 Range 28 E.
9
10 And
11
12 Beginning at the NE corner of Section 12,
13 Township 23, S, Range 28 E, run thence South
14 along the Range line 3 miles to the SE corner
15 of Section 24, Township 23, S, Range 28 E, then
16 West along the Section line 6 miles to the SW
17 corner of Section 19, Township 23, S, Range 28
18 E, thence North along the Range line 3 miles to
19 the NW corner of Section 7, Township 23, S,
20 Range 28 E, thence East along the Section line
21 6 miles to a point of beginning at the NE
22 corner of Section 12, Township 23, S, Range 28
23 E.
24
25 And
26
27 Beginning at the NE corner of Section 25,
28 Township 23, S, Range 28 E, run thence South
29 along the Range line 8 miles to the South line
30 of Orange County at the SE corner of Section
31 36, Township 24, S, Range 28 E, thence West
6
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1 along the South line of Orange County 6 miles
2 to the SW corner of Section 31, Township 24, S,
3 Range 28 E, thence North along the Range line 8
4 miles to the NW corner of Section line 6 miles
5 to the point of beginning at the NE corner of
6 Section 25, Township 23, S, Range 28 E.
7
8 Section 2. The governing body of the West Orange
9 Healthcare District shall be a Board of Trustees composed of
10 seven (7) persons, to be appointed by the Governor, the first
11 three (3) of whom shall be appointed for a term of office to
12 last for one (1) year; the second two (2) of whom shall be
13 appointed for a term of office which shall last for two (2)
14 years; and the third two (2) of whom shall be appointed for a
15 term of office which shall last for three (3) years. Without
16 restricting or attempting to restrict the appointive power of
17 the Governor, the Legislature recommends to the Governor that
18 the Trustees appointed by him or her be selected from persons
19 who may be nominated by the following Orange County
20 organizations, to wit: one (1) person who may be nominated by
21 the Winter Garden Rotary Club; one (1) person who may be
22 nominated by the Winter Garden Lions Club; one (1) person who
23 may be nominated by the Winter Garden Junior Welfare League;
24 one (1) person who may be nominated by the Town Council of
25 Oakland; one (1) person who may be nominated by the Woman's
26 Club of Ocoee; one (1) person who may be nominated by the Town
27 Council of Windermere; and one (1) person who may be nominated
28 by the Chamber of Commerce of Gotha. In the event any of the
29 above named organizations ceases to exist, the nomination
30 shall come from any other nonprofit organization designated by
31 the Board of Trustees in the community or area affected. The
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1 successors of the Trustees first appointed shall be appointed
2 by the Governor for three (3) year terms, and the Legislature
3 here and now recommends to the Governor that such successors
4 be appointed upon the nomination of such Orange County
5 organizations the term of office of whose prior appointee has
6 expired. On July 1, 1971, the Board of Trustees shall be
7 increased from seven (7) Trustees to nine (9) Trustees to be
8 appointed by the Governor. The eighth Trustee shall be
9 appointed for a term to expire on September 24, 1972, and the
10 ninth Trustee shall be appointed for a term to expire on
11 September 24, 1973. All successive terms shall be for three
12 (3) years, and without restricting or attempting to restrict
13 the appointive powers of the Governor, the Legislature
14 recommends to the Governor that the eighth and ninth Trustees
15 appointed by him or her be selected from persons who may be
16 nominated by the following Orange County organizations: the
17 medical staff of the West Orange Memorial Hospital and the
18 West Orange Memorial Hospital Auxiliary. In the event any of
19 the above named organizations ceases to exist, the nominations
20 shall come from other nonprofit organizations designated by
21 the Board of Trustees in the community or area affected. The
22 successors of the first Trustees appointed in 1971 shall be
23 appointed by the Governor for three (3) year terms, and the
24 Legislature here and now recommends to the Governor that such
25 Trustees be appointed upon the nomination of such Orange
26 County organizations the term of office of whose prior
27 appointee has expired. On October 1, 1983, the Board of
28 Trustees shall be increased in number from nine (9) Trustees
29 to fifteen (15) Trustees to be appointed by the Governor.
30 Without restricting or attempting to restrict the appointive
31 powers of the Governor, the Legislature recommends to the
8
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1 Governor that the six (6) additional Trustees appointed by him
2 or her be nominated by majority vote of the Board of Trustees
3 of West Orange Healthcare District provided, however, that no
4 member of said Board of Trustees whose term is expiring shall
5 have any vote in the nomination of his or her successor. The
6 tenth and eleventh Trustees shall be appointed for terms to
7 expire on September 30, 1984; the twelfth and thirteenth
8 Trustees shall be appointed for terms expiring on September
9 30, 1985; and the fourteenth and fifteenth Trustees shall be
10 appointed for terms expiring on September 30, 1986. The
11 successors of these six (6) additional Trustees shall be
12 appointed by the Governor for three (3) year terms, and the
13 Legislature here and now recommends to the Governor that such
14 successors to these additional six (6) Trustees be appointed
15 upon the nomination of the Board of Trustees as set out above.
16 On October 1, 1992, the Board of Trustees shall be increased
17 in number from fifteen (15) to sixteen (16) Trustees to be
18 appointed by the Governor. The additional Trustee shall be
19 appointed for a term expiring September 30, 1995, and all
20 successor terms shall be for three (3) years. Without
21 restricting or attempting to restrict the appointment powers
22 of the Governor, the Legislature recommends to the Governor
23 that the additional Trustee appointed by him or her be
24 nominated by the Orange County Homeowners Association. In the
25 event that the Orange County Homeowners Association ceases to
26 exist, it is recommended that the nomination come either from
27 another nonprofit organization, or from a governmental body
28 located within the territory described in Section 1 above,
29 designated by the Board of Trustees. Beginning October 1,
30 2000, the successors of the Trustees first appointed shall be
31 appointed by the Governor for four (4) year terms and the
9
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1 Legislature here and now recommends to the Governor that such
2 successors be appointed upon the nomination of such Orange
3 County organizations, the term of office of whose prior
4 appointee has existed. Any member of the Board of Trustees
5 hereinabove designated may be removed by the Governor at any
6 time for cause. A vacancy or vacancies caused by the death,
7 resignation, or removal of a Trustee or Trustees for cause
8 shall be filled by the appointment of the Governor of a
9 replacement to serve until the end of the term of the Trustee
10 that the new appointee is replacing. The term of a Trustee
11 shall end on September 30 of the year in which the particular
12 Trustee's term ends which September 30 date is the end to the
13 tax district's fiscal year, except a trustee who resigns or
14 dies or is removed by the Governor for cause, shall continue
15 in office and shall serve until his or her successor is
16 appointed by the Governor. The members of the Board of
17 Trustees shall serve without pay. Each member shall give bond
18 to the Governor and his or her successors in office for the
19 use and benefit of the West Orange Healthcare District for the
20 faithful performance of his or her duties in the sum of two
21 thousand dollars ($2,000) with a surety company qualified to
22 do business in the state as surety, which bond shall be
23 approved and kept by the Clerk of the Circuit Court of Orange
24 County. The premiums on the bonds shall be paid as part of the
25 expenses of the district. Each person appointed from time to
26 time shall be duly qualified electors and residents residing
27 in said district in Orange County. If a member of the Board of
28 Trustees shall fail to maintain the required residence, a
29 vacancy shall exist on the board as if the member had
30 resigned. Subsequent to the fiscal year ending September 30,
31 1999, any trustee who serves three (3) consecutive four (4)
10
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1 year terms after September 30, 1999, will not be eligible for
2 reappointment until he or she has been off the Board of
3 Trustees for one (1) complete fiscal year.
4 Section 3. The Board of Trustees of said West Orange
5 Healthcare District shall have all the powers of a body
6 corporate including the power to sue and be sued under the
7 name of the West Orange Healthcare District, to contract and
8 to be contracted with, to adopt and use a common seal, and to
9 alter the same at pleasure; to acquire, purchase, hold, lease
10 and convey such real and personal property as said Board of
11 Trustees may deem proper or expedient to carry out the
12 purposes of this act; to appoint and employ a chief executive
13 officer and such other agents and employees as said Board may
14 deem advisable; to borrow money and to issue the notes, bonds,
15 and other evidences of indebtedness of said district therefor
16 to carry out the provisions of this act in the manner
17 hereinafter provided. The Board of Trustees is authorized and
18 empowered to own and operate an ambulance service within the
19 tax district.
20 Section 4. Five (5) of the trustees shall constitute a
21 quorum, and a vote of at least five (5) of the trustees shall
22 be necessary to the transaction of any business, except as
23 hereinafter provided, of the district. After the appointment
24 of the additional six (6) Trustees provided for in 1983, eight
25 (8) of the Trustees shall constitute a quorum and a vote of at
26 least eight (8) of the Trustees shall be necessary to the
27 transaction of any business, except as hereinafter provided,
28 of the district. After the appointment of the additional
29 Trustee provided for in 1992, nine (9) of the Trustees shall
30 constitute a quorum and a vote of at least nine (9) of the
31 Trustees shall be necessary to the transaction of any
11
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1 business, except as hereinafter provided, of the district. The
2 number of Trustees required for a quorum shall be reduced by
3 one (1) Trustee and vote of Trustees needed to transact
4 business shall be reduced by one (1) Trustee for each two (2)
5 vacancies on the Board of Trustees as a result of: a death of
6 a Trustee or deaths of Trustees and/or resignation of a
7 Trustee or resignations of Trustees and/or removal of a
8 Trustee for cause by the Governor or removal of Trustees for
9 cause by the Governor. This reduction in the number of
10 Trustees required for a quorum and in the number of Trustees
11 required to transact business for the District shall remain in
12 effect until the vacancies are filled by appointment of the
13 Governor. The Board of Trustees herein named shall have the
14 power to select from among the membership thereof a Chair, a
15 Vice-Chair, and a Secretary and a Treasurer, and the Board
16 shall cause true and accurate minutes and records to be kept
17 of all business transacted by them, and shall keep full, true,
18 and complete books of account and minutes, which minutes,
19 records, and books of account shall at all reasonable times be
20 open and subject to the inspection of inhabitants of the
21 District. Any person desiring to do so may make or procure a
22 copy of the minutes, records, and books of account, or such
23 portions thereof as he or she may desire.
24 Section 5. Said Board of Trustees is hereby authorized
25 and empowered to establish, purchase, sell, construct,
26 operate, and maintain such hospital or hospitals as in their
27 opinion shall be necessary for the use of the people of said
28 district. Said hospital, or hospitals, shall be established,
29 purchased, sold, constructed, operated, and maintained by said
30 Board of Trustees for the preservation of the public health,
31 and for the public good, and for the use of the public of said
12
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1 district; and the construction, purchase, sale, and
2 maintenance of such hospital, or hospitals, within said
3 district, is hereby found and declared to be a public purpose
4 and necessary for the preservation of the public health and
5 for the public use, and for the welfare of said district and
6 inhabitants thereof. The location of such hospital, or
7 hospitals, shall be determined by said Board of Trustees. For
8 the purposes of this act "hospital" or "hospitals" means one
9 (1) or more health care institutions, including hospitals,
10 nursing homes, extended care institutions, outpatient care
11 institutions, institutions providing in-home health care for
12 patients, whether or not located in a single building, which
13 shall have all or some of the following: an organized medical
14 staff with permanent facilities that include inpatient beds,
15 medical services including physicians' services and nursing
16 services for the purposes of diagnosis and treatment of
17 patients who have a variety of medical conditions, inpatient
18 and outpatient emergency care facilities, and including the
19 furnishing and staffing of the foregoing with all necessary
20 professional and nonprofessional personnel. The definition of
21 "hospital" or "hospitals" shall also mean and include any real
22 property or interest connection with its operations or
23 proposed operations, including, without limitation, real
24 property thereof, a clinic, computer facility, food service
25 and preparation facility, health care facility, long-term care
26 facility, interns' residence, laboratory, laundry, maintenance
27 facility, nurses' residence, nursing home, nursing school,
28 office, professional office building, parking structure and
29 area, ambulance service and facilities in connection
30 therewith, pharmacy, recreational facilities, research
31 facilities, storage facilities, utility, x-ray facilities, or
13
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1 any combination of any of the foregoing, facilities to provide
2 in-home physical therapy, in-home skilled nursing, and other
3 types of in-home health care services facilities to provide
4 health services and consulting services to other health care
5 facilities; and such other structures or facilities related
6 thereto or required or useful for health care purposes, in
7 conducting of research, or the operation of a hospital or
8 other health care facility, including facilities or structures
9 essential or convenient for the orderly conduct of such
10 hospital or other health care facility, and other similar
11 items necessary or convenient for the operation of a
12 particular facility or structure in the manner for which its
13 use is intended.
14 Section 6. The Board shall have the power of eminent
15 domain, and may thereby condemn and acquire any real or
16 personal property which the Board may deem necessary for the
17 use of said district, whether within or without said district.
18 Such power of condemnation shall be exercised in the same
19 manner as is now provided by the general law for the exercise
20 of the power of eminent domain by cities and towns of the
21 State of Florida.
22 Section 7. A. The Board of Trustees is hereby
23 authorized and empowered, in order to provide for and carry
24 out the work of this act, to borrow money from time to time
25 for periods of time as determined by the board, and to issue
26 the note or notes, revenue bonds, certificates, or time
27 anticipation warrants of the district therefor and upon such
28 terms and bear such rates of interest, including, but not
29 limited to, variable rates as the board may deem advisable and
30 which rates do not exceed the maximum rate permitted by law at
31 the time of issuance. The amount or amounts to be borrowed
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1 shall be determined by the Board of Trustees. The trustees may
2 secure the note or notes, revenue bonds, certificates, or time
3 anticipation warrants by mortgages, liens, and other kinds of
4 security upon any assets, real, personal or tangible, owned or
5 held by the hospital board.
6 B. This section shall be deemed to provide an
7 additional and alternative method for the doing of the things
8 authorized thereby and shall be regarded as supplemental and
9 additional to powers conferred by other laws.
10 Section 8. The Board of Trustees of said West Orange
11 Healthcare District is hereby authorized and empowered to
12 issue and to sell from time to time bonds of the district in
13 an amount or amounts determined by the Board of Trustees for
14 the purpose of raising funds to establish, construct, operate,
15 and maintain such hospital or hospitals as in its opinion are
16 necessary in the district, and to purchase any privately owned
17 hospital facilities which may be available whether completed
18 or not if the Board desires to do so; provided the issuance of
19 the bonds shall be approved by a majority of the qualified
20 electors voting in an election called for that purpose. The
21 Board of Trustees is hereby authorized to cause an election to
22 be held to determine whether or not bonds shall be issued, and
23 in so doing shall comply with the requirements of Section 12
24 of Article VII of the Constitution of the State of Florida,
25 and shall comply with the general laws of the state regulating
26 bond elections of tax districts. In the event a majority of
27 the qualified electors voting in the election approve the
28 issuance of the bonds, then all such bonds issued, as herein
29 authorized, shall be of the denomination of one thousand
30 ($1,000) or multiple thereof, shall bear interest at such
31 rates including, but not limited to, variable rates as the
15
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1 Board may deem advisable and which rates do not exceed the
2 maximum rate permitted by law at the times of issuance, and
3 both principal and interest shall be payable at such times and
4 at such place or places as the Board of Trustees may
5 determine. The form of such bonds shall be fixed by the
6 resolution of the Board of Trustees, and shall have the seal
7 of the West Orange Healthcare District affixed thereto.
8 Interest coupons shall be attached to the bonds and shall bear
9 the facsimile of the signature of the chair of the board. Said
10 bonds shall be due not less then five (5) nor more than forty
11 (40) years from the date thereof, and may mature serially, as
12 the Board of Trustees may determine, and may be callable at
13 any time after five (5) years, under such terms and conditions
14 as the Board of Trustees may determine and provide, and shall
15 be exempt from all state, county, and city taxation. The
16 notices of the calling of an election to determine whether or
17 not bonds shall be issued shall contain information as to the
18 amount of the bonds proposed to be issued, the interest rate
19 to be paid and the time when such bonds shall be due and
20 payable. All bonds issued by the West Orange Healthcare
21 District shall have all the quality of negotiable paper under
22 the law merchant, and shall not be invalidated for any
23 irregularity or defect in the proceeding for the issue and
24 sale thereof, and shall be incontestable in the hands of bona
25 fide purchasers or holders thereof for value. Upon the
26 approval of any bond issue all the proceeds derived therefrom,
27 exclusive of expenses, shall be deposited in a depository
28 selected by the board.
29 Section 9. Prior to the issuance of such bonds, said
30 Board of Trustees shall, by resolution, determine the amount
31 which, in their opinion, may be necessary to be raised
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1 annually by taxation for an interest and sinking fund with
2 which to pay the interest and principal of said bonds. Said
3 Board, if said bond issue is approved at said election, is
4 hereby authorized, empowered, and required to provide for the
5 collection annually of a sufficient tax upon all the taxable
6 property in said district to pay such interest and with which
7 to provide and maintain a sinking fund for the payment of the
8 principal of said bonds.
9 Section 10. The Board of Trustees shall offer said
10 bonds for sale by notice stating the amount of bonds for sale,
11 rate of interest, and when due and payable by advertising once
12 a week for two (2) weeks in a newspaper published in said
13 district. The Board of Trustees shall receive bids for the
14 purchase of said bonds or any part thereof on the day fixed by
15 said notice, being not less than twenty (20) days from the
16 date of first publication. They shall have the right to reject
17 any and all bids, and re-advertise the bonds or any portion
18 thereof remaining unsold.
19 Section 11. A bank, or banks, or other depository, or
20 depositories, to be designated by the Board of Trustees, shall
21 receive and be custodian of the bonds and all money arising
22 from the sale of said bonds.
23 Section 12. The tax for the payment of interest and
24 principal of said bonds of the district shall be assessed and
25 collected upon the taxable property within the said district;
26 and the Trustees of said district shall receive and
27 immediately deposit with the depository, or depositories, to
28 be named by them, the proceeds of the sale of said bonds, as
29 well as the interest and sinking fund for the payment of
30 interest and principal thereof.
31
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1 Section 13. The funds of said district shall be paid
2 out only upon warrant signed by the Chair of the Board and
3 countersigned by the Secretary of said Board, and no warrant
4 shall be drawn or issued against funds of said district except
5 for a purpose authorized by this Act, and no such warrant
6 against funds of said district shall be drawn or issued until
7 after the account or expenditures for which the same is to be
8 given in payment has been ordered and approved by the duly
9 designated Finance Committee of said Board of Trustees, which
10 shall be composed of three (3) or more members as determined
11 and when elected by the Board of Trustees.
12 Section 14. The Board is authorized to pay from the
13 funds of the district all expenses of the organization of said
14 Board and all expenses necessarily incurred with the formation
15 of said district and all other reasonable and necessary
16 expenses of the district including, but not limited to,
17 expense incurred for professional recruitment for the hospital
18 or hospitals, the fees and expenses of an attorney in the
19 transaction of the business of the district, and expenses in
20 carrying out an accomplishing any and all of the purposes of
21 this act. This section, however, shall not be construed to
22 limit or destroy any of the power vested in said Board of
23 Trustees by any other section or provision of this act.
24 Section 15. At least once in each year the Board of
25 Trustees shall make and file with the Clerk of the Circuit
26 Court of Orange County, a complete financial statement of all
27 moneys received and disbursed by them since the creation of
28 the District as to the first statement so filed, and since the
29 last statement so filed as to any other year. Such statements
30 shall also show the several sources from which said funds were
31 received and shall show the balance on hand at the time of the
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1 making of such statement. It shall show a complete statement
2 of the financial condition of the district. Notice of its
3 being filed with the Clerk of the Circuit Court of Orange
4 County, Florida, shall be published in a newspaper regularly
5 published in Orange County, Florida, and shall be made
6 available at all reasonable times to inhabitants of the
7 district for their inspection. For the fiscal year of the
8 District ending September 30, 1992, and for each fiscal year
9 of the District thereafter, a copy of such financial statement
10 shall also be sent to the Chairman of the Orange County
11 Legislative Delegation on or about the date of such financial
12 statement is filed with the Clerk of the Circuit Court of
13 Orange County.
14 Section 16. The Board of Trustees shall have plenary
15 authority to promulgate rules and regulations concerning the
16 regulation of the hospital, or hospitals, and the admission
17 for treatment of patients therein, and shall have the
18 authority and shall make rules and regulations regarding the
19 admission into the hospital of treatment of such indigent sick
20 in the County who apply for entrance, and who are residents of
21 the district. The Board shall formulate rules and regulations
22 as to the price to be charged patients who enter the hospital
23 and to provide for the collection thereof. Charity services
24 rendered to the indigent sick shall at no time be permitted by
25 the Board of Trustees to such an extent as to impair the
26 financial security of the district, or the economical and
27 efficient operation of any hospital or hospitals established
28 and operated in said district. The Board shall have power to
29 establish rules and regulations in regard to admission of
30 patients into the hospital who are not residents of the
31 district, but who pay the rates established by the Board. The
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1 Board shall have the power further to furnish and extend the
2 benefits and privileges of such hospital and clinics and
3 treatment and out-patient department to the homes of the
4 indigent residents of the district. The Board shall in all
5 instances attempt to collect as nearly the amount established
6 as its regular rates as is feasible under the circumstances,
7 but, to the extent that the district is financially able in
8 the opinion of the Board, hospital services hall be furnished
9 to all who make application thereof; but all charity
10 treatments shall be completely under the regulation of the
11 Board, and the amount of free services rendered may be limited
12 by the Board.
13 Section 17. It is intended that the provisions of the
14 Act shall be literally construed for accomplishing the work
15 authorized and provided for by this Act, and where strict
16 construction would result in the defeat of the accomplishments
17 of any part of the work authorized by this Act, and a liberal
18 construction would permit or assist in the accomplishment
19 thereof, the liberal construction shall be chosen.
20 Section 18. Any clause or section of this Act, which
21 for any reason may be held or declared invalid, may be
22 eliminated and the remaining portion or portions thereof shall
23 be and remain in full force and be valid, as if such invalid
24 clause or section had not been incorporated therein.
25 Section 19. Any and all bonds issued under the
26 provisions of this Act may be validated by the Board of
27 Trustees for said West Orange Healthcare District under and in
28 accordance with the provision of the General Laws of Florida,
29 in the same manner as is therein provided for validation of
30 bonds, etc., by any county, municipality, taxing district,
31 etc., of the State of Florida.
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1 Section 20. The Trustees of said West Orange
2 Healthcare District, in the administration of the business of
3 the district and of the hospital, or hospitals, herein
4 authorized to be established, shall have the power to select
5 from among its members, or otherwise, as it sees fit, a
6 committee of three or more members as determined by the Board
7 of Trustees, one of whom shall be the chair of the Board of
8 Trustees, which committee shall be known as the Executive
9 Committee, and said Executive Committee is herein and hereby
10 granted power and, with the exception of such restrictions as
11 are contained in this act, such grant of authority and
12 supervision as in the opinion of the Board of Trustees is fit
13 and proper, and under which said Executive Committee may, with
14 the exception of financial expenditures and the hiring of
15 employees, exercise under the supervision of the Board of
16 Trustees all such authority, supervision, and control in the
17 actual operations of any hospital or hospitals created as in
18 the opinion of the Board of Trustees shall under the
19 circumstances seem necessary.
20 Section 21. The Board shall have full power and
21 authority to accept all grants, benefits, devices, donations,
22 contributions, gifts, bequests, and offerings made to it for
23 the use of the Board in carrying out the purposes of this Act.
24 Section 22. All laws and parts of laws in conflict
25 herewith are herein and hereby repealed.
26 Section 23. In order that the citizens and residents
27 of the District may receive quality health care and, in
28 furtherance of the purposes of this act, the Board of Trustees
29 shall have the authority to form or reorganize as a
30 not-for-profit corporation and to enter into contracts and
31 lease agreements, and to convey real and personal property
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1 with or to a not-for-profit corporation for the purpose of
2 operating, staffing, servicing, and managing the hospital and
3 any or all of its facilities of whatsoever kind and nature.
4 Section 4. Except as specifically reenacted herein,
5 chapter 26066, Laws of Florida, 1949; chapter 57-1639, Laws of
6 Florida; chapter 61-2588, Laws of Florida; chapter 67-1827,
7 Laws of Florida; chapter 70-839, Laws of Florida; chapter
8 71-797, Laws of Florida; chapter 76-452, Laws of Florida;
9 chapter 77-610, Laws of Florida; chapter 81-446, Laws of
10 Florida; chapter 83-479, Laws of Florida; chapter 85-476, Laws
11 of Florida; chapter 87-469, Laws of Florida; chapter 92-257,
12 Laws of Florida; chapter 93-385, Laws of Florida; chapter
13 95-484, Laws of Florida; and chapter 95-486, Laws of Florida,
14 are hereby repealed.
15 Section 5. In the event any section, or provision of
16 this act is determined to be invalid or unenforceable, such
17 determination shall not affect the validity of or
18 enforceability of each other section and provision of this
19 act.
20 Section 6. In the event of a conflict of the
21 provisions of this act, with the provisions of any other act,
22 the provisions of this act shall control to the extent of such
23 conflict.
24 Section 7. This act shall take effect October 1, 2000.
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