Senate Bill 2786

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


    Florida Senate - 2000        (NP)                      SB 2786

    By Senator Saunders





    25-2229-00                                         See HB 1615

  1                      A bill to be entitled

  2         An act relating to Lee County; codifying

  3         chapters 63-1552 and 78-552, Laws of Florida,

  4         as amended; revising said acts, as amended;

  5         repealing prior acts and reenacting portions

  6         thereof; providing for a public health care

  7         system in Lee County to be named Lee Memorial

  8         Health System; providing for an elected health

  9         care system board, and setting forth its duties

10         and powers; providing compensation of board

11         members; providing for the operation and

12         maintenance of said public health care system;

13         providing for deposit and investment of certain

14         funds; authorizing the issuance of bonds;

15         providing for execution and enforcement of

16         liens; providing for the effect of conflicting

17         provisions; providing an effective date.

18

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

20

21         Section 1.  Chapter 63-1552, Laws of Florida, and

22  amendments thereto made by chapters 69-1235, 72-600, 81-420,

23  83-452, 83-454, 84-465, 87-438, 91-410, 92-269, and 98-528,

24  Laws of Florida; and chapter 78-552, Laws of Florida, are

25  hereby repealed. Said prior acts are replaced in their

26  entirety by this act. This act shall constitute a codification

27  as required by section 189.429, Florida Statutes. It is

28  declared to be the legislative intent that if any section,

29  subsection, sentence, clause, or provision of this act is

30  found to be invalid, the remainder of the act shall not be

31  affected; and further, in order to assure the uninterrupted

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  maintenance and operation of the public health care system

  2  provided for herein, that any of the prior acts set forth

  3  herein, or any portion thereof, shall survive and be deemed

  4  reenacted to the extent necessary to replace any section,

  5  subsection, sentence, clause, or provision of this act found

  6  to be invalid.

  7         Section 2.  The name of the public health care system

  8  provided for by this act shall be Lee Memorial Health System,

  9  which is a public body, and the governing body thereof shall

10  be the Lee Memorial Health System Board of Directors.

11         Section 3.  The operation and maintenance of the public

12  health system, and the construction of health system

13  facilities provided for in this act are declared to be a

14  public purpose.

15         Section 4.  The Lee Memorial Health System Board of

16  Directors, hereinafter called the system board, is hereby

17  authorized to establish and to provide for the operation and

18  maintenance of a public health care system comprised of

19  hospitals; satellite hospitals; clinics; or other facilities

20  devoted to the provision of health care services intended to

21  improve the physical, spiritual, emotional, or mental health

22  of those persons utilizing such services, or of services to

23  prevent sickness, injury, or disease, including those which

24  are intended to promote a healthful lifestyle, and such other

25  facilities or services as the system board shall deem

26  appropriate to provide a full range of health care services to

27  the population the public health care system may serve. The

28  system board is authorized to construct and equip the

29  necessary buildings for the aforesaid purposes and to

30  construct extensions, additions, and improvements thereto from

31  time to time, and to lease as lessee or lessor, or purchase or

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  sell any land or any interest in land. The system board is

  2  authorized and empowered to carry out its functions directly

  3  or indirectly through other companies it controls through

  4  joint ventures or partnerships with other public or private

  5  organizations.

  6         Section 5.  In the event that it should become

  7  necessary to acquire any land for health system purposes under

  8  the authority of this act by eminent domain, the proceedings

  9  therefor shall be instituted by the system board and

10  prosecuted in the manner provided by general law.

11         Section 6.  (1)  The Lee Memorial Health System Board

12  of Directors shall consist of ten directors, comprised of two

13  directors from each of the five county health system

14  districts, the boundaries of which have been established by

15  resolution of the system board. Said directors shall be

16  residents and registered voters of Lee County. Directors from

17  the five county health system districts shall be residents of

18  the district from which they are elected and which they

19  represent. System board members shall be elected on a

20  nonpartisan basis by a vote of the electorate of the county as

21  a whole and shall serve staggered 4-year terms. Members of the

22  Hospital Board of Directors of Lee County holding office on

23  the effective date of this act shall continue to hold office

24  for the terms to which they were elected or appointed.

25  Thereafter, directors of the Lee Memorial Health System Board

26  of Directors shall be elected at the general election on a

27  nonpartisan basis for staggered 4-year terms.

28         (2)  The five county health system districts provided

29  for herein shall have such boundaries as exist on the

30  effective date of this act. The system board may at any time,

31  by resolution, make any change which it deems necessary in the

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  boundaries of any or all of the five county health system

  2  districts after a public hearing held by the system board, and

  3  the publication of notice at least once in a newspaper

  4  published in Lee County 15 days prior to said public hearing;

  5  provided that such districts shall be as nearly equal in

  6  population as practicable, and provided further that no change

  7  that would affect the residence qualifications of any

  8  incumbent director shall disqualify such incumbent director

  9  during the term for which the director is elected. Changes in

10  district boundaries shall be shown by resolutions included

11  within the minutes of the system board. District boundary

12  changes shall be made only in odd-numbered years.

13         (3)  Each candidate for election to the system board

14  shall pay a qualifying fee and qualify during the

15  qualification period as provided by general law. To qualify,

16  each candidate shall sign an oath that he or she is a legal

17  resident of Lee County, that he or she is a citizen of the

18  United States, that he or she is a duly qualified elector in

19  the state, that he or she has not violated any of the laws of

20  the state relating to electors and to the registration of

21  electors, that he or she is seeking election as a director of

22  the Lee Memorial Health System Board of Directors from the

23  county health system district he or she resides in, and that

24  he or she has taken the oath as required by section 876.05,

25  Florida Statutes, although the said candidate is not

26  considered a county or state officer. The candidate shall sign

27  an oath that he or she is a legal resident of the county

28  health system district of Lee County in which he or she is

29  running for election.

30         (4)  Any vacancy in the office of director shall be

31  filled as provided by law.

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1         Section 7.  The system board shall elect annually from

  2  its members a chair, vice-chair, secretary, and treasurer, who

  3  shall be the officers of the system board. The system board

  4  shall cause true and accurate minutes and records to be kept

  5  of all business transacted by the system board and shall keep

  6  full, true, and complete books of accounts and records, which

  7  minutes, records, and books of account and the current line

  8  item budget shall at all reasonable times be open and subject

  9  to inspection and copying pursuant to the provisions of the

10  constitution and laws of Florida. All meetings of the system

11  board shall be open to the general public pursuant to general

12  law. At least once a year the system board shall cause the

13  financial records and accounts of the health care system to be

14  audited by a certified public accountant authorized to

15  practice public accounting in Florida and a certified public

16  account audit report to be prepared. The audit, together with

17  a copy of the health system's current annual budget, shall be

18  filed annually with the Clerk of the Circuit Court of Lee

19  County.

20         Section 8.  Lee Memorial Health System directors shall

21  receive an annual compensation of up to $10,000 for services

22  as members of such board, if such compensation is approved by

23  the board. On the first day of each fiscal year following the

24  effective date of this act, the limit shall increase by an

25  amount equal to the increase in the Consumer Price Index

26  during the prior fiscal year published by the United States

27  Department of Commerce. Directors shall be reimbursed for

28  travel pursuant to section 112.061, Florida Statutes, as the

29  same may be amended or recodified from time to time, and, in

30  addition, shall be reimbursed for mileage expenses and travel

31  expenses incurred in attending meetings of the Lee Memorial

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  Health System Board of Directors or its committees,

  2  notwithstanding that the meetings are held in Lee County,

  3  Florida. The system board may adopt policies, procedures,

  4  guidelines, and rules that it deems appropriate which will

  5  grant the system board members the same privileges, benefits,

  6  and allowances that are provided to the Lee Memorial Health

  7  System medical staff and volunteers. The system board may

  8  adopt a policy that permits board members to participate in

  9  the health system's health insurance program for system

10  employees, provided that the cost of such health insurance

11  shall be paid by the board member electing to participate in

12  such plan, said cost to be not less than that set for

13  employees. Each Lee Memorial Health System director shall post

14  a bond as required by general law for the faithful performance

15  of his or her duties.

16         Section 9.  The Lee Memorial Health System Board of

17  Directors shall establish and authorize a medical staff to

18  direct and control practitioners with privileges to perform

19  professional services in the hospitals and other facilities

20  operated by the system board. The system board may establish

21  bylaws, rules, and regulations governing the organization of

22  such medical staffs, the appointment and reappointment of such

23  medical staffs, the disciplining or removal of medical staff

24  members, the delineation of medical staff privileges, the

25  professional duties of members of the medical staffs, and such

26  other matters as the system board may address so that the

27  health and well-being of patients and the best interests of

28  the hospital and other facilities authorized pursuant to this

29  act may at all times be served. The system board shall have

30  the ultimate authority regarding the medical staffs in the Lee

31  Memorial Health System.

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1         Section 10.  The Lee Memorial Health System Board of

  2  Directors shall have the authority to operate and conduct the

  3  business of the public health system, and consistent

  4  therewith, shall have the following powers:

  5         (1)  The system board is authorized to pay all expenses

  6  of operation of the Lee Memorial Health System and all other

  7  necessary expenses incurred, including the fees and expenses

  8  of attorneys retained by the system board or the chief

  9  executive officer of the Lee Memorial Health System, in the

10  transaction of the business of the public health care system,

11  and in carrying out and accomplishing the purposes of this

12  act.

13         (2)  The Lee Memorial Health System may sue and be sued

14  in the name of Lee Memorial Health System; provided that in

15  any suit, a change in personnel of the system board shall not

16  abate the suit, which shall proceed as if such change had not

17  taken place. In all suits against the Lee Memorial Health

18  System, service of process shall be had on the chief executive

19  officer of the hospital, or in his absence on any officer of

20  the system board.

21         (3)  To the fullest extent permitted by the state law,

22  the system board may create, be a voting member of, choose

23  directors to serve on the boards of, be a partner in, or

24  participate in or control, any venture, corporation,

25  partnership, or other organization, public or private, which

26  the system board finds operates for the purposes consistent

27  with, and in furtherance of, the purposes and best interests

28  of the Lee Memorial Health System.

29         (4)  The system board may make, or authorize its chief

30  executive officer to make, contracts of all kinds, including,

31  but not limited to, the sale or purchase of real property and

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  may enter into leases of real and personal property of any

  2  kind or description, either as lessor or lessee.

  3         (5)  The system board is authorized to accept gifts,

  4  bequests, grants, endowments, and conveyances from any source.

  5         (6)  The system board is authorized and empowered, in

  6  order to provide for and carry out the work of this act, to

  7  borrow money from time to time and in accordance with the

  8  constitution and law, and to issue the notes or bonds of the

  9  Lee Memorial Health System upon such terms and upon such rates

10  of interest as the system board may deem advisable, to the

11  fullest extent permitted by general law.

12         (7)  The system board may enter into any and all types

13  of derivative agreements as may be used by prudent borrowers,

14  lenders, or investors, which are intended to minimize the risk

15  of financial loss or maximize the financial return in

16  connection with its bonds, notes, or investments, or for any

17  other purpose.

18         (8)  The system board may, or may authorize its chief

19  executive officer to, settle or compromise any claim, suit, or

20  action brought against the Lee Memorial Health System or any

21  of its subsidiaries, or affiliated organizations, or any of

22  its directors, officers, or employees when such claim, suit,

23  or action arises out of such directors', officers', or

24  employees' acts or omissions in the course of employment or

25  the performance of official duties, consistent with the

26  provisions of the Florida Waiver of Sovereign Immunity Act, as

27  such act may be in effect at the time of such settlement or

28  compromise. This subsection shall not be construed as

29  authorizing or requiring any settlement in excess of those

30  limits imposed by the foregoing general act.

31

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1         (9)  The system board may take any other action

  2  consistent with the efficient and effective operation of the

  3  public health care system provided for by this act, consistent

  4  with the constitution and laws of Florida.

  5         Section 11.  The public health care system established

  6  under this act shall be primarily for the use and benefit of

  7  the residents of Lee County, but exists to provide health care

  8  services to all persons, including nonresidents of Lee County,

  9  who may seek such services. Persons seeking care may be

10  admitted to Lee Memorial Health System hospitals or treated at

11  its other facilities subject to the rules and regulations

12  adopted by the system board. The system board may establish

13  policies providing for the treatment without charge of those

14  patients who, after reasonable inquiry, are found by Lee

15  Memorial Health System management to be without the means to

16  pay. The system board may, from time to time, establish

17  guidelines for the hospital management in making such inquiry

18  and determinations. The Lee Memorial Health System is

19  authorized to collect from patients who are found to have the

20  means to pay, such charges as the system board may, in its

21  sole discretion, from time to time establish. The Lee Memorial

22  Health System is authorized to bill and receive payment from

23  insurance companies, governmental agencies, or other sources

24  for treatment and care of patients or for other purposes.

25         Section 12.  The Lee Memorial Health System Board of

26  Directors may hire or appoint a chief executive officer, who

27  shall have the title of president. The system board may make

28  and adopt, or authorize the president to adopt such bylaws,

29  rules, regulations, guidelines, or policies for its own

30  guidance and for the organization, management, and operation

31  of health care system facilities and services as may be deemed

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  necessary for the efficient and economic conduct thereof.

  2  Subject to the annual health system budget and policy

  3  established by the system board, the president shall have the

  4  authority to see to the hiring or retention of such personnel

  5  as may be deemed necessary for the efficient management and

  6  operation of the public health care system and its

  7  subsidiaries and affiliated organizations; and to the firing

  8  or termination of such personnel. The president shall

  9  recommend the adoption of such general policies by the system

10  board as may be deemed necessary and appropriate for the

11  day-to-day management and operation of the hospital and its

12  other facilities, and the system board may authorize the

13  president to see to the establishment of specific policies,

14  procedures, guidelines, and rules regarding such management

15  and operation. The system board may authorize and delegate the

16  enforcement of all such policies, procedures, guidelines, and

17  rules to the president, who may, in turn, authorize and

18  delegate enforcement of the same to such assistants as the

19  president may deem appropriate or necessary. The president may

20  delegate to assistants and subordinates the authority to

21  manage the day-to-day operations of the public health care

22  system, consistent with the president's authority as delegated

23  by the system board pursuant to this section.

24         Section 13.  Funds of the Lee Memorial Health System

25  may be paid out only upon drafts, checks, or warrants signed

26  by persons duly authorized by the system board to execute such

27  instruments for purposes consistent with this act. The system

28  board may adopt rules for the payment of lesser sums in cash,

29  and a petty cash fund or funds may be established for such

30  purpose with the maximum amount payable in cash in one

31  transaction fixed by the system chief executive officer. All

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  funds of the system board shall be deposited in banks which

  2  are qualified under state law to accept deposits of public

  3  funds. The system board may deposit or invest its surplus

  4  funds in interest-bearing accounts, instruments, or

  5  securities, to the fullest extent permitted by general law. In

  6  addition, the system board may invest its surplus funds as

  7  follows:

  8         (1)  Without limitation in:

  9         (a)  Bonds, notes, or other obligations of the United

10  States or those guaranteed by the United States or for which

11  the credit of the United States is pledged for the payment of

12  the principal and interest or dividends thereof.

13         (b)  State bonds pledging the full faith and credit of

14  the state and revenue bonds additionally secured by the full

15  faith and credit of the state.

16         (c)  Bonds of the several counties or districts in the

17  state containing a pledge of the full faith and credit of the

18  county or district involved.

19         (d)  Savings accounts in, or certificates of deposit

20  of, any bank, savings bank, or savings and loan association

21  incorporated under the laws of the United States doing

22  business and situated in this state, the accounts of which are

23  insured by the Federal Government or an agency thereof, in an

24  amount that does not exceed 15 percent of the net worth of the

25  institution, provided such savings accounts and certificates

26  of deposit are secured in the manner prescribed in chapter

27  280, Florida Statutes.

28         (e)  Obligations of the Federal Farm Credit Banks and

29  obligations of the Federal Home Loan Bank and its district

30  banks.

31

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1         (f)  Obligations of the Federal Home Loan Mortgage

  2  Corporation including participation certificates.

  3         (g)  Obligations guaranteed by the Government National

  4  Mortgage Association.

  5         (h)  Commercial paper of prime quality of the highest

  6  letter and numerical rating as provided for by at least one

  7  nationally recognized rating service.

  8         (i)  Time drafts or bills of exchange drawn on and

  9  accepted by a commercial bank, otherwise known as banker's

10  acceptances, which are accepted by a member bank of the

11  Federal Reserve System having total deposits of not less than

12  $400 million.

13         (j)  Short-term obligations not authorized elsewhere in

14  this section, to be purchased individually or in pooled

15  accounts or other collective investment funds, for the purpose

16  of providing liquidity to any fund or portfolio.

17         (k)  Securities of, or other interest in, any open-end

18  or closed-end management type investment company or investment

19  trust registered under the Investment Company Act of 1940, 15

20  U.S.C. ss. 80a-1 et seq., as amended from time to time,

21  provided that the portfolio of such investment company or

22  investment trust is limited to obligations of the United

23  States Government or any agency or instrumentality thereof and

24  to repurchase agreements fully collateralized by such United

25  States Government obligations and provided that such

26  investment company or investment trust takes delivery of such

27  collateral either directly or through an authorized custodian.

28         (2)  With no more than 25 percent of its funds in:

29         (a)  Bonds, notes, or obligations of any municipality

30  or political subdivision or any agency or authority of this

31  state, if such obligations are rated in any one of the three

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  highest ratings by two nationally recognized rating services.

  2  However, if only one nationally recognized rating service

  3  shall rate such obligations, then such rating service must

  4  have rated such obligations in any one of the two highest

  5  classifications heretofore mentioned.

  6         (b)  Notes secured by first mortgages on Florida real

  7  property, insured or guaranteed by the Federal Housing

  8  Administration or the United States Department of Veterans

  9  Affairs.

10         (c)  Mortgage pass-through certificates, meaning

11  certificates evidencing ownership of an undivided interest in

12  pools of conventional mortgages on real property which is

13  improved by a building or buildings used for residential

14  purposes for one to four families when:

15         1.  Such real property is located in this state;

16         2.  Such mortgages are originated by one or more banks

17  or savings and loan associations organized under the laws of

18  this state, by national banks or federal savings and loan

19  associations having their principal place of business in this

20  state, or by a lender that is approved by the Secretary of the

21  United States Department of Housing and Urban Development for

22  the participation in any mortgage insurance program under the

23  National Housing Act and has its principal place of business

24  in this state, or by any combination thereof; and

25         3.  Such mortgages are transferred or assigned to a

26  corporate trustee acting for the benefit of the holders of

27  such certificates.

28         (d)  Obligations of the Federal National Mortgage

29  Association.

30         (e)  Group annuity contracts of the pension investment

31  type with insurers licensed to do business in this state,

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  except that amounts invested by the board with any one insurer

  2  shall not exceed 3 percent of its assets.

  3         (f)  Certain interest in real property and related

  4  personal property, including mortgages and related instruments

  5  on commercial or industrial real property, with provisions for

  6  equity or income participation or with provisions for

  7  convertibility to equity ownership; and interest in collective

  8  investment funds. Associated expenditures for acquisition and

  9  operation of assets purchased under this provision shall be

10  included as a part of the cost of the investment.

11         1.  The title to real property acquired under this

12  paragraph shall be vested in the name of the respective fund.

13         2.  For purposes of taxation of property owned by any

14  fund, the provisions of section 196.199(2)(b), Florida

15  Statutes, do not apply.

16         3.  Real property acquired under the provisions of this

17  paragraph shall not be considered state lands or public lands

18  and property as defined in chapter 253, Florida Statutes, and

19  the provisions of that chapter do not apply to such real

20  property.

21         (g)  General obligations backed by the full faith and

22  credit of a foreign government which has not defaulted on

23  similar obligations for a minimum period of 25 years prior to

24  purchase of the obligation and has met its payments of similar

25  obligations when due.

26         (h)  Obligations of agencies of the government of the

27  United States, provided such obligations have been included in

28  and authorized by the Florida Retirement System Total Fund

29  Investment Plan established in section 215.475, Florida

30  Statutes.

31

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1         (i)  United States dollar-denominated obligations by

  2  foreign governments, or political subdivisions or agencies

  3  thereof, or foreign corporations or foreign commercial

  4  entities.

  5         (3)  With no more than 50 percent of its funds in

  6  common stock, preferred stock, and interest-bearing

  7  obligations of a corporation having an option to convert into

  8  common stock, provided:

  9         (a)  The corporation is organized under the laws of the

10  United States, any state or organized territory of the United

11  States, or the District of Columbia.

12         (b)  The corporation is listed on any one or more of

13  the recognized national stock exchanges in the United States

14  and conforms with the periodic reporting requirements under

15  the Securities Exchange Act of 1934.

16

17  The system board shall not invest more than 10 percent of the

18  equity assets of its funds in the common stock, preferred

19  stock, and interest-bearing obligations having an option to

20  convert into common stock, of any one issuing corporation; and

21  the system board shall not invest more than 3 percent of the

22  equity assets of any funds in such securities of any one

23  issuing corporation except to the extent a higher percentage

24  of the same issue is included in a nationally recognized

25  market index, based on market values at least as broad as the

26  Standard and Poor's Composite Index of 500 Companies, or

27  except upon a specific finding by the system board that such

28  higher percentage is in the best interest of the system board.

29  The system board may only sell listed options to reduce

30  investment risks, to improve cash flow, or to provide

31  alternative means for the purchase and sale of underlying

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  investment securities. Reversing transactions may be made to

  2  close out existing option positions.

  3         (4)  With no more than 80 percent of its funds, in

  4  interest-bearing obligations with fixed maturity of any

  5  corporation or commercial entity within the United States.

  6

  7  For the purpose of determining the above investment

  8  limitations, the value of bonds shall be the par value

  9  thereof, and the value of evidences of ownership and

10  interest-bearing obligations having an option to convert to

11  ownership shall be the cost thereof. Investments in any

12  securities authorized by this section may be under repurchase

13  agreements or reverse repurchase agreements. Investments made

14  by the system board may be designated to maximize the

15  financial return to the fund consistent with the risks

16  incumbent in each investment and shall be designed to preserve

17  an appropriate diversification of the portfolio. The system

18  board is authorized to buy and sell futures and options,

19  provided the instruments for such purpose are traded on a

20  securities exchange or board of trade regulated by the

21  Securities and Exchange Commission or the Commodity Futures

22  Trading Commission, unless the system board by rule authorizes

23  a different market. The system board is authorized to invest

24  in domestic or foreign national principal contracts.

25         Section 14.  For the purpose of providing funds for any

26  purpose that the system board may deem advisable, the system

27  board is authorized to issue revenue bonds of the Lee Memorial

28  Health System pursuant to the constitution and laws of

29  Florida, in such amounts as the system board may by resolution

30  establish. The principal and interest on such bonds shall be

31  paid from the revenues of the Lee Memorial Health System.

                                  16

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1         Section 15.  For the purpose of providing funds to be

  2  used in connection with the Lee Memorial Health System,

  3  including the acquisition of land or any interest in land, the

  4  system board, at its discretion, is authorized to issue

  5  general obligation bonds in amounts necessary to pay the cost

  6  thereof. Said bonds shall be issued only after their issuance

  7  shall have been approved by a majority of the votes cast at an

  8  election of the qualified electors residing in Lee County.

  9  Notwithstanding the provisions of any other law, the election

10  concerning the issuance of bonds may be held on the same day

11  as an election held in said county for any other purpose,

12  whether such other election be a primary, general, or special

13  election. The system board may submit the question of issuing

14  bonds authorized by this act at one election and others

15  thereof at one or more subsequent elections. The ballots used

16  at any such election shall state the maximum amount of bonds

17  proposed to be issued. In the event that at any election the

18  issuance of bonds under the authority of this act should not

19  be approved, or if any such election be invalid or ineffective

20  for any reason, the system board may call another election at

21  any time for the same purpose. Except as otherwise provided

22  herein, any election concerning the issuance of bonds as

23  aforesaid shall be called and held and the result thereof

24  canvassed, declared, and recorded in the manner prescribed by

25  chapter 100, Florida Statutes.

26         Section 16.  When any bonds have been issued pursuant

27  to section 15 hereof, there shall be levied and assessed

28  annually, so long as any of said bonds or the interest thereon

29  remain unpaid, an ad valorem tax upon all taxable property,

30  not exempt by law, in Lee County, which tax shall be

31  sufficient in amount to pay the interest on said bonds as it

                                  17

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  becomes due and the principal thereof at maturity. Such tax

  2  shall be levied, assessed, and collected by the same officers

  3  and in the same manner as other county ad valorem taxes are

  4  levied, assessed, and collected.

  5         Section 17.  The bonds herein authorized to be issued

  6  by this act may be issued and sold at one time or from time to

  7  time, and shall bear such date or dates, be in such

  8  denomination or denominations, be payable at such place, bear

  9  interest at such fixed or variable rate or rates, and bear

10  such maturity dates as may be permitted by general law, with

11  or without the right of prior redemption, all as may be

12  determined by resolution of the system board, which resolution

13  may prescribe the manner and terms of redemption of any bonds

14  which the system board may elect to make redeemable. The bonds

15  may be issued in coupon form or non-coupon form, may be

16  validated as permitted by law and shall bear the seal of the

17  Lee Memorial Health System. Neither the provisions of this

18  section nor any other provision of this act shall impair,

19  abate, suspend, or invalidate any bond or other debt

20  obligation of the Hospital Board of Directors of Lee County

21  issued prior to the effective date of this act. The Lee

22  Memorial Health System Board of Directors shall, without

23  interruption, continue to have all duties and responsibilities

24  regarding such bonds or obligations as were had by the

25  Hospital Board of Directors of Lee County.

26         Section 18.  Lee Memorial Health System shall be

27  entitled to a lien for those charges established by the system

28  board for hospital, physician, and other health care services

29  provided by the Lee Memorial Health System to ill or injured

30  persons, upon the proceeds of all causes of action, suits,

31  claims, counterclaims, and demands accruing to said persons or

                                  18

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  to their legal representatives, and upon all judgments,

  2  settlements, and settlement agreements rendered or entered

  3  into by virtue thereof, on account of injuries giving rise to

  4  such causes of action, suits, claims, counterclaims, demands,

  5  judgments, settlements, or settlement agreements, which

  6  injuries shall have necessitated such hospital, physician, and

  7  other services provided to such ill or injured persons. Lee

  8  Memorial Health System shall perfect and be entitled to

  9  enforce such lien as follows:

10         (1)  In order to perfect the lien provided for herein,

11  the Lee Memorial Health System chief executive officer or an

12  employee or employees of the Lee Memorial Health System

13  authorized by the chief executive officer shall, before or

14  within 10 days after such ill or injured person shall have

15  been discharged from a Lee Memorial Health System hospital,

16  file in the office of the Lee County Clerk of Circuit Court, a

17  verified written notice of lien setting forth the name and

18  address of the ill or injured person as they may appear in the

19  records of said health system hospital, the name and location

20  of said hospital, the name and address of the employee or

21  other authorized person preparing the notice of lien, the date

22  of admission to said hospital and the date of discharge from

23  said hospital, the amount claimed to be due for hospital,

24  physician, and other services provided, and to the best

25  knowledge of the person preparing the notice of lien, the

26  names and addresses of all persons, firms, or corporations who

27  may be claimed by such ill or injured person or by the legal

28  representative of such person, to be liable on account of such

29  illness or injuries. When the notice of lien is filed, a copy

30  thereof shall be sent by United States Postal Service to the

31  ill or injured person, to said person's attorney, if known,

                                  19

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  and to all persons, firms, or corporations named in such

  2  notice of lien. The filing and mailing of the notice of lien

  3  in accordance with this section shall be notice thereof to all

  4  persons, firms, or corporations who may be liable on account

  5  of such illness or injuries, and to any other persons, firms,

  6  or corporations that may have an interest in the aforesaid

  7  causes of action, suits, claims, counterclaims, demands,

  8  judgments, settlements, or settlement agreements, whether or

  9  not they are named in the notice of lien, and whether or not a

10  copy of the notice of lien shall have been received by them.

11         (2)  The Lee County Clerk of Circuit Court shall

12  endorse on the written notice of lien the date and hour of

13  filing and shall record said notice of lien in the Official

14  Records of Lee County. The Clerk of Circuit Court shall be

15  entitled to a fee from the Lee Memorial Health System for

16  filing and recording the notice of lien that shall be the same

17  fee as provided by general law for the filing and recording of

18  other instruments.

19         (3)  No release or satisfaction of any cause of action,

20  suit, claim, counterclaim, demand, judgment, settlement, or

21  settlement agreement shall be valid or effectual as against

22  the lien of Lee Memorial Health System unless the lienholder

23  shall join therein or execute a release of its lien prior to

24  the payment of any proceeds thereof. Any acceptance of a

25  release or satisfaction of any cause of action, suit, claim,

26  counterclaim, demand, judgment, settlement, or settlement

27  agreement in the absence of a release or satisfaction of the

28  lien of Lee Memorial Health System shall prima facie

29  constitute an impairment of such lien and the lienholder shall

30  be entitled to a cause of action for damages against any and

31  all persons, firms, or corporations giving or accepting such

                                  20

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  release or satisfaction, or paying or accepting the proceeds

  2  from the same. In such action, Lee Memorial Health System may

  3  recover the full amount of its charges for such hospital,

  4  physician, or other health care services; regardless of the

  5  amount of proceeds paid or received in impairment of its lien.

  6  Satisfaction of a judgment rendered in favor of Lee Memorial

  7  Health System in such action shall operate as a satisfaction

  8  of the lien. The action by the lienholder shall be brought in

  9  the court in Lee County having jurisdiction of the amount of

10  the lienholder's claim. If Lee Memorial Health System shall

11  prevail in such action, it shall be entitled to recover from

12  the defendant or defendants, in addition to costs otherwise

13  allowable by law, all reasonable attorney fees and expenses.

14         (4)  No person shall be entitled to recover or receive

15  damages based on the expense of hospital, physician, or other

16  health care services provided by Lee Memorial Health System

17  unless that person shall affirmatively show that Lee Memorial

18  Health System's charges have been paid. Provided, however,

19  that in any action, suit, or counterclaim brought on account

20  of illness or injury, the plaintiff or counterclaimant may

21  include as an item of damages the expense of such hospital,

22  physician, or other health care services provided by Lee

23  Memorial Health System, if prior to trial he or she shall have

24  notified Lee Memorial Health System in writing of the pendency

25  of such action, suit, or counterclaim; whereupon the

26  lienholder shall have the right, without leave of court, to

27  intervene in the case and prove the amount of its charges for

28  such hospital, physician, or other health care services. Any

29  judgment rendered in favor of the plaintiff or counterclaimant

30  shall provide that the amount proved by the lienholder to be

31

                                  21

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    Florida Senate - 2000        (NP)                      SB 2786
    25-2229-00                                         See HB 1615




  1  due shall be deducted from the damages awarded and paid to the

  2  Lee Memorial Health System.

  3         (5)  The provisions of this section shall not be

  4  applicable to accidents or injuries within the purview of the

  5  workers' compensation laws of Florida.

  6         Section 19.  In the event of a conflict of the

  7  provisions of this act with the provisions of any other act,

  8  the provisions of this act shall control to the extent of such

  9  conflict.

10         Section 20.  This act shall take effect upon becoming a

11  law.

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