Senate Bill sb2308
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    Florida Senate - 2001        (NP)                      SB 2308
    By Senator Cowin
    11-1471A-01
  1                      A bill to be entitled
  2         An act relating to the South Lake County
  3         Hospital District, Lake County; providing for
  4         codification of special laws relating to the
  5         South Lake County Hospital District; providing
  6         legislative intent; amending, codifying,
  7         reenacting, and repealing chapters 69-1201,
  8         70-771, 75-415, 88-466, 95-456, Laws of
  9         Florida; providing district boundaries;
10         providing definitions; providing for a board of
11         trustees as the governing body of the district;
12         prescribing the powers and duties of the board;
13         providing for compensation and meetings of the
14         board; providing a principal office of the
15         district; authorizing the board to levy an
16         annual al valorem tax upon taxable property
17         within the district; providing for purpose of
18         the tax; providing for a method for such levy;
19         exempting property of the district for
20         assessment; prohibiting the board from
21         transferring control of the district's
22         hospitals or facilities except upon approval by
23         referendum; providing for severability;
24         providing an effective date.
25
26  Be It Enacted by the Legislature of the State of Florida:
27
28         Section 1.  Pursuant to section 189.429, Florida
29  Statutes, this act constitutes the codification of all special
30  acts relating to the South Lake County Hospital District. It
31  is the intent of the Legislature in enacting this law to
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    Florida Senate - 2001        (NP)                      SB 2308
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  1  provide a single comprehensive special act charter for the
  2  district, including all current authority granted to the
  3  district by its several legislative enactments.
  4         Section 2.  Chapters 69-1201, 70-771, 75-415, 88-466,
  5  and 95-456, Laws of Florida, creating the South Lake County
  6  Hospital District are amended, codified, reenacted, and
  7  repealed as provided in this act.
  8         Section 3.  The charter for the South Lake County
  9  Hospital District is re-created and reenacted to read:
10         Section 1.  Establishment of district; boundaries.--
11         (1)  There is created and established as a political
12  subdivision of the State of Florida a hospital district in
13  Lake County to be known as the "South Lake County Hospital
14  District" which shall comprise and include the territory
15  within Lake County described as follows:
16
17         All the area of Lake County lying south of the
18         boundary line separating Townships 20 and 21
19         south of the Tallahassee Meridian.
20
21         (2)  As used in this act, the word "district" means the
22  South Lake County Hospital District.
23         Section 2.  Governing body of district.--
24         (1)  The governing body of the district shall be the
25  South Lake County Hospital District Board of Trustees, which
26  is established as a body corporate. As used in this act, the
27  word "board" means the South Lake County Hospital District
28  Board of Trustees.
29         (2)(a)  Except as provided in paragraph (b), the board
30  shall consist of 11 members, all of whom must reside within
31
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  1  the district and must be appointed by the Governor, subject to
  2  confirmation by the Senate, for terms of 4 years each.
  3         (b)  Each member of the board serving when this act
  4  takes effect may continue in office as a member of the board
  5  until the expiration of his or her current term.
  6         (c)  Any vacancy on the board must be filled in
  7  accordance with paragraph (a).
  8         (d)  If a member's term expires and a successor has not
  9  been appointed, the member shall continue to serve on the
10  board until his or her successor is appointed.
11         (3)  A majority of the members of the board constitutes
12  a quorum. The vote of a majority of the members of the quorum
13  present is necessary for any action taken by the board.
14         Section 3.  Officers.--
15         (1)  The board shall annually elect one of its members
16  to serve as president of the board and one of its members to
17  serve as vice president of the board. The board may elect one
18  of its members to serve as secretary or may appoint a person
19  or persons who are not members of the board to serve in that
20  capacity. However, the present chair and vice chair of the
21  board shall continue to serve until the end of the terms for
22  which they were elected.
23         (2)  The board shall keep a record of its proceedings
24  and shall be custodian of all books, documents, and papers
25  filed with it and of its minute book or journal and official
26  seal.
27         Section 4.  Powers of the board.--
28         (1)  The board has all the powers and authority
29  permitted by the Constitution and laws of the State of Florida
30  for providing health care services. Included in such authority
31  or in addition to such authority, the board may:
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  1         (a)  Acquire, by lease, purchase, gift, or otherwise,
  2  real and personal property necessary or useful for the
  3  construction, anticipated future construction, operation, and
  4  maintenance of the hospital buildings and other buildings
  5  necessary, in the opinion of the board, for health care
  6  purposes; and may construct hospitals, health facilities,
  7  nursing care facilities, pharmacies, medical equipment
  8  facilities, and all other facilities, buildings, and
  9  accessories incidental thereto.
10         (b)  Sell or lease any real or personal property owned
11  by the district upon the terms and conditions determined by
12  the board.
13         (c)  Borrow money, from any person, firm, association,
14  corporation, or governmental agency, necessary for the purpose
15  of purchasing property for, constructing buildings for, and
16  equipping and operating the hospital or hospitals or other
17  facilities described in paragraph (a) which are owned or
18  operated by the district and for doing all acts necessary in
19  properly carrying out the spirit and purpose of this act; and,
20  as evidence thereof, may make, execute, and deliver promissory
21  notes, mortgages, second mortgages, and other kinds of
22  security upon any property owned or held by the district.
23         (d)  Issue from time to time its negotiable notes,
24  revenue bonds, anticipation notes, bonds, and refunding bonds
25  on terms and conditions considered appropriate by the board as
26  authorized for health facilities authorities by the state,
27  specifically including, but not limited to, part III of
28  chapter 154, Florida Statutes, and any amendments thereto.
29         (e)  Operate one or more hospitals or health care
30  facilities at any locations within the district which the
31  board considers appropriate; to create, own, or participate in
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  1  health maintenance organizations; participate as a shareholder
  2  in a corporation for profit or a corporation not-for-profit,
  3  or as a member in a corporation not-for-profit; participate
  4  with other hospitals outside the district for the purpose of
  5  jointly providing health care services within or outside the
  6  hospital district; participate as a joint venturer in any
  7  joint venture considered necessary by the board for the
  8  purpose of providing health care; incorporate as a nonprofit
  9  corporation; own or participate in subsidiary nonprofit
10  corporations or corporations for profit; and establish
11  foundations or any other legal entities considered appropriate
12  by the board for purposes of providing health care services.
13         (f)  Organize a staff of physicians and dentists and
14  give, grant, or revoke staff membership and privileges of the
15  medical staff members for practice in the hospital or
16  hospitals maintained under this act so that the welfare and
17  health of patients in the best interest of the respective
18  hospital may at all times be best served, and determine, with
19  the assistance of the active medical staff, categories of the
20  medical staff, and qualifications for membership on the
21  medical staff.
22         (2)  The board exercises a public and essential
23  governmental function of both the state and the county and has
24  all the power and authority necessary to carry out the
25  purposes of this act. The board also has all powers of a body
26  corporate, including the power to sue and be sued, but with
27  all sovereign immunity and limitations permitted to a
28  governmental entity by the State Constitution or by state law.
29         Section 5.  Compensation of board members.--
30         (1)  The members of the board shall receive no
31  compensation for the performance of their duties under this
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  1  act, but each member is entitled to compensation for his or
  2  her necessary expenses incurred while engaged in the
  3  performance of such duties.
  4         (2)  The hospital or board may pay a member of the
  5  board for work or services performed if the services are in
  6  addition to services normally performed as a member of the
  7  board. However, a member of the board who is employed by or
  8  receives income from a district hospital, the board, or any
  9  joint venture or health care facility in which the district
10  has an interest must disclose such conflict and may not vote
11  on any matter related thereto.
12         Section 6.  Meetings.--
13         (1)  The board shall meet monthly, if reasonably
14  possible, at a time and place determined by the board.
15         (2)  Special meetings of the board shall be held upon
16  the call of the president or, in the president's absence, the
17  vice president, or upon the written request of a majority of
18  the members of the board.
19         Section 7.  Principal office.--The principal office of
20  the district at present is at 1099 Citrus Tower Boulevard,
21  Clermont, Florida. The board may move the principal office at
22  any time the board considers appropriate.
23         Section 8.  Tax levies.--The board may provide for the
24  annual levy of an ad valorem tax upon all taxable property
25  within the district to pay for the principal of and interest
26  on promissory notes, mortgages, or ad valorem bonds; may pay
27  for the acquisition, construction, maintenance, operation,
28  equipment, and administration of the facilities of the
29  district or facilities owned, leased, or operated by a
30  corporation not-for-profit having the district as a member
31  entitled to appoint not less than one-half of the governing
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  1  board of such corporation not-for-profit; and may pay for the
  2  cost of ambulance service and emergency room service within
  3  the district. However, the millage rate may not exceed 1 mill
  4  per year.
  5         Section 9.  Method of levying taxes.--
  6         (1)  Immediately after the assessment of properties
  7  within the county has been reviewed and equalized each year,
  8  the amount of such valuation as finally equalized will be the
  9  valuation for taxation by the board of the district. The board
10  shall then determine by resolution each year the total amount
11  to be raised for the district that year by taxation upon the
12  taxable property located within the district. Such resolution
13  must also set forth the rate of taxation which, when levied
14  upon all the taxable property within the district, will
15  produce the sum of money determined by the board as the total
16  amount to be raised for such purposes for such year by
17  taxation, which rate may not exceed the maximum millage
18  allowed.
19         (2)  Prior to adopting a millage rate each year, the
20  board must properly advertise and hold a public hearing with
21  respect to the proposed rate. At such hearing, any property
22  owner in the district has the right to file a written protest
23  or testify at such hearing regarding such rate. After due
24  consideration of all protests and comments, the board shall
25  adopt a resolution specifying the millage rate for all taxable
26  property within the district.
27         (3)  On or before a date agreed upon between the
28  Property Appraiser for Lake County and the district each year,
29  the board shall transmit to the Board of County Commissioners
30  of Lake County a copy of such resolution, properly certified,
31  and a request to the board of county commissioners to levy the
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  1  tax specified in the resolution. The board of county
  2  commissioners may not alter, change, revise, or amend such
  3  request and provisions for the tax included in the resolution.
  4  If the assessment of properties within the county has not been
  5  reviewed and equalized prior to the transmittal of the tax
  6  resolution, the board of county commissioners shall adjust the
  7  rate of taxation necessary to produce the sum of money
  8  determined by the board of the district as the total amount to
  9  be raised by taxation for such year; however, this power to
10  adjust the millage may not be exercised in any way, either
11  directly or indirectly, to alter, amend, reduce, increase, or
12  change the total amount so determined by the board to be
13  raised or to exceed the maximum millage allowed by law. Upon
14  receipt of the certified copy of the resolution of the board,
15  the board of county commissioners shall order and direct the
16  Property Appraiser for Lake County to assess and levy, and the
17  Tax Collector for Lake County to collect, the tax at the rate
18  fixed and determined by such resolution as adjusted by the
19  board of county commissioners. The property appraiser shall
20  levy and assess, and the tax collector shall collect, such
21  taxes in the same manner and at the same time that state and
22  county taxes are levied, assessed, and collected. The property
23  appraiser shall pay and remit the taxes upon collection
24  thereof directly to the board of the district.
25         Section 10.  Exemption of district property from
26  assessment.--The effectuation of the purposes of the district
27  is, shall, and will be in all respects for the benefit of the
28  people of the state and of the district for the improvement of
29  their health and welfare. The exercise by the board of the
30  powers conferred by this act to effect such purposes
31  constitutes the performance of essential functions and is
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  1  declared to be a public purpose. As the facilities owned,
  2  operated, supervised, and controlled by the district and
  3  board, under the provisions of this act, constitute public
  4  property and are used for public purposes, the district may
  5  not be required to pay any assessments upon any such
  6  facilities or any parts thereof.
  7         Section 11.  Transfer of control of hospitals or health
  8  facilities.--The board may not take any action that would
  9  result in termination of the direct control and administration
10  of the hospitals and other health facilities of the district
11  unless the action is approved by the electors of the district
12  in a referendum called for that purpose. This section does not
13  apply to those healthcare facilities or business ventures set
14  out in section 4(1)(e) in which the South Lake County Hospital
15  District or South Lake Memorial Hospital, Inc., owns at least
16  50 percent in the case of a joint venture, partnership, or
17  for-profit corporation or has the right to appoint at least 50
18  percent of the board of directors in the case of a nonprofit
19  corporation.
20         Section 4.  Chapters 69-1201, 70-771, 75-415, 88-466,
21  and 95-456, Laws of Florida, are repealed.
22         Section 5.  If any provision of this act or its
23  application to any person or circumstance is held invalid, the
24  invalidity does not affect other provisions or applications of
25  the act which can be given effect without the invalid
26  provision or application, and to this end the provisions of
27  this act are severable.
28         Section 6.  This act shall take effect upon becoming a
29  law.
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