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  7  repealed as provided in this act.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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    Florida Senate - 2001        (NP)                      SB 2308
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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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    Florida Senate - 2001        (NP)                      SB 2308
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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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    Florida Senate - 2001        (NP)                      SB 2308
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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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    Florida Senate - 2001        (NP)                      SB 2308
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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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    Florida Senate - 2001        (NP)                      SB 2308
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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.

30

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