Senate Bill sb2322

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    Florida Senate - 2002        (NP)                      SB 2322

    By Senator Cowin





    11-359-02

  1                      A bill to be entitled

  2         An act relating to the North Lake County

  3         Hospital District, Lake County; codifying

  4         special laws relating to the district;

  5         providing legislative intent; amending,

  6         codifying, reenacting, and repealing chapters

  7         95-508 and 97-332, Laws of Florida; providing

  8         district boundaries; providing definitions;

  9         providing for a board of trustees as the

10         governing body of the district; prescribing the

11         powers and duties of the board; providing for

12         compensation and meetings of the board;

13         providing a principal office of the district;

14         authorizing the board to levy an annual ad

15         valorem tax upon taxable property within the

16         district; providing for purpose of the tax;

17         providing for a method for such levy; exempting

18         property of the district for assessment;

19         prohibiting the board from transferring control

20         of the district's hospitals or facilities

21         except upon approval by referendum; providing

22         for severability; providing an effective date.

23

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

25

26         Section 1.  Pursuant to section 189.429, Florida

27  Statutes, this act constitutes the codification of all special

28  acts relating to the North Lake County Hospital District. It

29  is the intent of the Legislature in enacting this act to

30  provide a single comprehensive special act charter for the

31  district, including all current authority granted to the

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  1  district by its several legislative enactments. Chapters

  2  95-508 and 97-332, Laws of Florida, creating the North Lake

  3  County Hospital District are amended, codified, reenacted, and

  4  repealed as provided in this act. The charter for the North

  5  Lake County Hospital District is re-created and reenacted to

  6  read:

  7         Section 1.  ESTABLISHMENT OF DISTRICT; BOUNDARIES.--

  8         A.  All provisions contained in this act which are

  9  contrary to the concurrent resolutions are deemed changed by

10  this act. This act may be cited as the "North Lake County

11  Hospital District Act."

12         B.  There is created and established as a political

13  subdivision of the state a hospital district in Lake County to

14  be known as the "North Lake County Hospital District," which

15  shall comprise and include the territory within Lake County

16  described as follows:

17         Beginning at the range line dividing ranges 26

18         and 27 east at its intersection with the

19         township line separating townships 20 and 21

20         south of the Tallahassee meridian; thence north

21         on such range line to the township line

22         dividing townships 19 and 20 south; thence east

23         on such township line to the Wekiva River;

24         thence north along the thread of the Wekiva

25         River to the St. Johns River; thence in a

26         northerly and northwesterly direction through

27         the thread of the St. Johns River to the

28         southwest shore of Lake George; thence north

29         along the west shore of Lake George to the

30         range line dividing ranges 26 and 27 east;

31         thence south on such range line to the township

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  1         line dividing townships 17 and 18 south; thence

  2         west on such township line to the northeast

  3         corner of section 1, township 18 south, range

  4         25 east; thence run south along the east range

  5         line for range 25 to the southeast corner of

  6         section 36, township 18 south, range 25 east;

  7         thence run east along the North boundary of

  8         section 6, township 19 south, range 26 east, to

  9         the waters of Lake Eustis; thence southwesterly

10         along the waters of Lake Eustis to the center

11         of the mouth of Dead River; thence

12         southwesterly along the center of Dead River to

13         an extension of the west boundary of section

14         24, township 19 south, range 25 east, extended

15         south into Lake Harris; thence run

16         southwesterly across Lake Harris to the

17         intersection of the eastern boundary of section

18         12, township 20 south, range 24 east, with the

19         waters of Lake Harris; thence run southeasterly

20         and south/southeasterly along the shoreline of

21         Lake Harris and Little Lake Harris to the south

22         boundary line of section 24, township 20 south,

23         range 25 east; thence run west to the northwest

24         corner of section 27, township 20 south, range

25         25 east; thence run south to the southwest

26         corner of section 34, township 20 south, range

27         25 east; thence run east along the township

28         line separating townships 20 and 21 south of

29         the Tallahassee Meridian to the point of

30         beginning (hereinafter the "Northeast

31         Territory").

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  1         and

  2         Begin at the northwest (NW) corner of section

  3         6, in township 18 south, range 24 east, and run

  4         east along the north township line of township

  5         18 south, to the northeast corner of section 1,

  6         township 18 south, range 25 east; thence run

  7         south along the east range line of range 25 to

  8         the southeast corner of section 36, township 18

  9         south, range 25 east; thence run east along the

10         north boundary of section 6, township 19 south,

11         range 26 east, to the waters of Lake Eustis;

12         thence southwesterly along the waters of Lake

13         Eustis to the center of the mouth of Dead

14         River; thence southwesterly along the center of

15         Dead River to an extension of the west boundary

16         of section 24, township 19 south, range 25

17         east, extended south into Lake Harris; thence

18         run southwesterly across Lake Harris to the

19         point that the eastern boundary of section 12,

20         township 20 south, range 24 east intersects

21         with the waters of Lake Harris; thence run in a

22         general southeasterly direction along the

23         waters of Lake Harris to the point that the

24         southern boundary of section 24, township 20

25         south, range 25 east, and the waters of Lake

26         Harris intersect; thence run west along the

27         south boundary of sections 24, 23, and 22,

28         township 20 south, range 25 east, to the

29         southwest (SW) corner of such section 22,

30         township 20 south, range 25 east; thence run

31         south along the west boundary of sections 27

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    Florida Senate - 2002        (NP)                      SB 2322
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  1         and 34, township 20 south, range 25 east to the

  2         southwest (SW) corner of section 34, township

  3         20 south, range 25 east; thence run west along

  4         the south line of such township 20 to western

  5         boundary of Lake County, and west boundary of

  6         range 24 east; thence north along the west

  7         boundary of such range 24 to the point of

  8         beginning (hereinafter the "Northwest

  9         Territory").

10         Section 2.  PURPOSE OF THE DISTRICT.--The purpose of

11  the North Lake County Hospital District as a local

12  governmental entity is to assure continued hospital services

13  for the residents of the North Lake County Hospital District,

14  referred to in this act as the "district."

15         Section 3.  MEMBERSHIP AND ORGANIZATION OF THE

16  GOVERNING BOARD OF THE DISTRICT.--

17         A.  General.--

18         1.  The North Lake County Hospital District shall be

19  governed by a board of trustees composed of six persons to be

20  elected by the electors residing within the North Lake County

21  Hospital District in a general election. The trustees

22  currently serving on the board shall continue in their

23  capacity to the completion of their terms. The term of office

24  of each trustee shall be 4 years and a trustee may not serve

25  more than two terms for a maximum of 8 years. The term of

26  office shall expire on the date of the general election held 4

27  years after the date on which that trustee was elected. All

28  elections for the office of trustee shall be conducted during

29  general elections.

30         2.  The members of the board of trustees shall serve

31  without pay. Each member shall give a bond to the Board of

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  1  County Commissioners of Lake County and its successors in

  2  office for the use and benefit of the North Lake County

  3  Hospital District for the faithful performance of his or her

  4  duties in the sum of $1,000 with a surety company qualified to

  5  do business in this state as surety, which bond shall be

  6  approved and accepted by the Clerk of the Circuit Court of

  7  Lake County. The premiums on such bond shall be paid by the

  8  district as part of the expenses of the district.

  9         3.  Four of the trustees shall constitute a quorum, and

10  a vote of at least four of the trustees is necessary for the

11  transaction of any business of the district. The board of

12  trustees may select from among its membership a chairman, vice

13  chairman, secretary, and treasurer. The board of trustees

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

15  of all business transacted by them and shall keep full, true,

16  and complete books of account and minutes, which minutes and

17  books shall be open and subject to the inspection of the

18  inhabitants of the district at all reasonable times during

19  normal business hours. Any person desiring to do so may obtain

20  a copy of the minutes and books of account or such portions

21  thereof as he or she may desire upon payment of the costs of

22  reproduction.

23         B.  Election of the board of trustees.--

24         1.  Registration of electors.--Any person who is a

25  resident of the North Lake County Hospital District, at least

26  18 years of age, and registered with the Supervisor of

27  Elections for Lake County is eligible to vote for the election

28  of members of the board of trustees.

29         2.  Qualifications of candidate.--All trustees must be

30  duly qualified electors who reside in the North Lake County

31  Hospital District. Three trustees must reside in the Northeast

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  1  Territory and three trustees must reside in the Northwest

  2  Territory.

  3         3.  Vacancies.--Vacant trustee seats shall be filled

  4  through appointment by the then-existing board of trustees;

  5  appointees shall serve until the expiration of the term for

  6  which they are appointed.

  7         C.  Annual meeting.--The annual meeting shall be held

  8  during the month of January of each year at such time and

  9  place within the district as is determined by the board of

10  trustees. Notice of the date, time, and place of the annual

11  meeting shall be published in a daily newspaper of general

12  circulation, in a section other than the legal ad or

13  classified ad sections, in the North Lake County Hospital

14  District once per week for 2 consecutive weeks. The date of

15  the first publication of such notice must be at least 15, and

16  not more than 30, days before the annual meeting. The agenda

17  at the annual meeting of the board of trustees shall include,

18  but is not limited to:

19         1.  Call to order.

20         2.  Presentation and approval of minutes of the last

21  annual meeting and of any special meeting held since that

22  meeting.

23         3.  Financial report.

24         4.  Presentation of the annual report of the board of

25  trustees.

26         5.  Transaction of any business that may properly be

27  brought before the board.

28         6.  Election of officers of the board of trustees.

29         D.  Special meetings.--Special meetings of the board of

30  trustees may be called at any time by the chairman or upon the

31  written request of four members of the board of trustees.

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  1  Notices of special meetings of the board of trustees shall be

  2  by publication in a newspaper of general daily circulation in

  3  the North Lake County Hospital District at least 7 days before

  4  such meeting, stating the date and place and general matters

  5  of the business to be considered.

  6         E.  Removal of members of the board of trustees.--Any

  7  member of the board of trustees may be removed by the Governor

  8  at any time, for cause, in which event such vacancy or

  9  vacancies thereby occurring shall be filled through

10  appointment by the then-remaining board of trustees for the

11  unexpired term.

12         Section 4.  POWERS, FUNCTIONS, AND DUTIES.--

13         A. Eminent domain.--The North Lake County Hospital

14  District, through its board of trustees, has the power of

15  eminent domain.

16         B.  General Powers.--The Board of Trustees of the North

17  Lake County Hospital District has all the powers of a body

18  corporate, including the power to sue and be sued under the

19  name of the North Lake County Hospital District; to contract

20  and be contacted with; to adopt and use a common seal; and to

21  acquire, purchase, hold, lease, and convey such real and

22  personal property as the board of trustees deems proper or

23  expedient to carry out the purposes of this act.

24         C.  Ad valorem taxation.--The Board of Trustees of the

25  North Lake County Hospital District may levy an ad valorem tax

26  in the district of 1 mill on the dollar of the value of all

27  nonexempt property within that area of Lake County which

28  comprises the North Lake County Hospital District. Such tax

29  shall be paid into the district fund.

30         D.  Tax proceeds to charitable foundations.--All future

31  tax proceeds generated from within the northeast territory,

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  1  less one-half of the amount reserved annually by the board to

  2  pay for maintenance and services for the board, shall be paid

  3  by the board of trustees to Florida Hospital Waterman

  4  Foundation, Inc., upon written request by Florida Hospital

  5  Waterman Foundation, Inc., that the funds are needed for

  6  health care. All future proceeds generated from within the

  7  northwest territory, less one-half of the amount reserved

  8  annually by the board to pay for maintenance and services for

  9  the board, shall be paid by the board of trustees to Leesburg

10  Regional Medical Center Charitable Foundation, Inc., upon

11  written request by Leesburg Regional Medical Center Charitable

12  Foundation, Inc., that the funds are needed for health care.

13         E.  LifeStream Behavioral Center.--Leesburg Regional

14  Medical Center Charitable Foundations, Inc., and Florida

15  Hospital Waterman Foundation, Inc., have brought to the

16  attention of the respective boards that LifeStream Behavioral

17  Center should be entitled to receive the following sums, after

18  submission of a written request by LifeStream Behavioral

19  Center certifying that the funds are needed for indigent

20  health care. The request shall be made to Florida Hospital

21  Waterman Foundation, Inc., and Leesburg Regional Medical

22  Center Charitable Foundation, Inc. Florida Hospital Waterman

23  Foundation, Inc., and Leesburg Regional Medical Center

24  Charitable Foundation, Inc., shall pay the following sums to

25  LifeStream Behavioral Center from their respective share of

26  tax funds collected and received by Florida Hospital Waterman

27  Foundation, Inc., and Leesburg Regional Medical Center

28  Charitable Foundation, Inc.

29         1.  For each year after calendar year 1993, LifeStream

30  Behavioral Center shall be paid $100,000 or 1/20 of 1 mill of

31  the tax moneys due Florida Hospital Waterman Foundation, Inc.,

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  1  from the northeast territory, whichever is greater, plus

  2  $100,000 or 1/20 of 1 mill of the tax moneys due Leesburg

  3  Regional Medical Charitable Foundation, Inc., from the

  4  northwest territory, whichever is greater. If Florida Hospital

  5  Waterman Foundation, Inc., or Leesburg Regional Medical Center

  6  Charitable Foundation, Inc., refuses to pay LifeStream

  7  Behavioral Center the funds due under this section in any

  8  given year, during the next fiscal year of the North Lake

  9  County Hospital District, the Board of Trustees of the North

10  Lake County Hospital District shall directly pay LifeStream

11  Behavioral Center an amount equal to the funds withheld during

12  the previous year by the subject provider payable from funds

13  which would otherwise be payable to the subject provider.

14         2.  Notwithstanding any of the provisions of this act,

15  the obligation to pay tax revenues to LifeStream Behavioral

16  Center under this act shall permanently terminate in the year:

17         a.  When a countywide health taxing district is created

18  and funded pursuant to chapter 154, Florida Statutes, the

19  countywide health taxing district provides for reimbursement

20  on an accountability basis to medical providers for medical,

21  hospital, and emergency care, including psychiatric care

22  provided to indigent residing within the county, and the

23  countywide health taxing district actually reimburses

24  LifeStream Behavioral Center for medical services in an amount

25  greater than or equal to the tax revenues received under the

26  provisions of this act in one calendar year; or

27         b.  If LifeStream Behavioral Center, for any reason,

28  loses, relinquishes, or forfeits its accreditation as a

29  hospital.

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  1  Any reimbursement for medical services paid to LifeStream

  2  Behavioral Center by any future countywide health taxing

  3  district shall be deducted from the amount of tax revenues to

  4  be paid under this act. It is the intent of this act that the

  5  tax revenues payments provided for LifeStream Behavioral in

  6  this act be reduced by the same amount that is actually paid

  7  to the hospital by the countywide taxing district.

  8         F.  Annual financial report.--Leesburg Regional Medical

  9  Center Charitable Foundation, Inc., and its parent

10  corporation; Florida Hospital Waterman Foundation, Inc., and

11  its parent corporation; and LifeStream Behavioral Center shall

12  each file annual audited financial statements with the North

13  Lake County Hospital District.

14         G.  Collection of taxes.--It is the duty of the

15  Property Appraiser of Lake County to assess, and the Tax

16  Collector of Lake County to collect, the 1-mill tax levied by

17  the Board of Trustees of the North Lake County Hospital

18  District upon the taxable property in the district. The tax

19  collector shall collect such tax as levied by the board of

20  trustees in the same manner as other taxes are collected and

21  shall pay the same over to the Board of Trustees of the North

22  Lake County Hospital District within the time and in the

23  manner prescribed by law for the payment of the Tax Collector

24  of Lake County taxes to the county depository. It is the duty

25  of the Department of Revenue to assess and levy on all the

26  railroad lines and telegraph lines properly situated or

27  located in the district, including all telephone lines and

28  cable television lines if legally permissible. The amount of

29  each county or state taxes and the taxes for the district

30  shall be assessed by the officer respectively as are county

31  taxes upon such property, and such tax shall be remitted by

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  1  the collecting officer to the Board of Trustees of the North

  2  Lake County Hospital District. All such taxes shall be held by

  3  the Board of Trustees of the North Lake County Hospital

  4  District and paid out by them for purposes of this act.

  5         H.  Expenses.--The Board of Trustees of the North Lake

  6  County Hospital District may pay from the funds of the

  7  district all expenses of the organization of such Board of

  8  Trustees and all expenses necessarily incurred with the

  9  development of the district as well as all other reasonable

10  and necessary expenses, including the fees and expenses of a

11  certified public accountant and an attorney as needed in the

12  transaction of the business of the district in carrying out

13  and accomplishing the purposes of this act. The board shall

14  include in its annual budget a reserve in an amount deemed

15  necessary by the board for its yearly expenses.

16         I.  Alternative revenue-raising capabilities.--The

17  board of trustees has full power and authority to accept all

18  grants, benefits, devises, donations, contributions, gifts,

19  requests, and offerings made to and for the use of the

20  district for the purpose of carrying out the purposes of this

21  act. Unless such grants, benefits, devises, donations,

22  contributions, gifts, requests, and offerings are specifically

23  designated by the contributor for payment to Florida Hospital

24  Waterman Foundation, Inc., Leesburg Regional Medical Center

25  Charitable Foundation, Inc., or some other health care

26  provider, any such contributions shall be equally divided by

27  the board of trustees and paid to Florida Hospital Waterman

28  Foundation, Inc., and Leesburg Regional Medical Center

29  Charitable Foundation, Inc., as soon as practical after

30  receipt thereof.

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  1         J.  Financial-disclosure, notice, and reporting

  2  requirements.--At least once every year, the Board of Trustees

  3  of the North Lake County Hospital District shall make and file

  4  with the Clerk of the Circuit Court of Lake County a complete

  5  financial statement of all money received and distributed by

  6  the board since the development of the district as to the

  7  first statement so filed, and since the last statement so

  8  filed as to any other year. Such statements shall also show

  9  the several sources from which the funds were received and

10  shall show the balance on hand at the time of the making of

11  such statement. It shall show a complete statement of the

12  financial condition of the district. Notice of the statement

13  shall be filed with the Clerk of the Circuit Court of Lake

14  County and published in a newspaper regularly published in

15  Lake County, and the statement shall be made available at all

16  reasonable times to all residents of the district for their

17  inspection. The Board of Trustees of the North Lake County

18  Hospital District shall comply with all financial-disclosure

19  and reporting requirements provided in general law.

20         K.  Preparation of budget.--The Board of Trustees of

21  the North Lake County Hospital District shall prepare an

22  annual balanced budget in accordance with generally accepted

23  accounting practices and in the manner prescribed by section

24  218.34, Florida Statutes.

25         L.  Liens and foreclosures.--Liens and foreclosure of

26  liens resulting from failure to pay ad valorem taxation shall

27  be treated as liens and foreclosures resulting from other ad

28  valorem taxes.

29         Section 5.  ESTABLISHMENT AND DISSOLUTION OF THE

30  DISTRICT.--The North Lake County Hospital District established

31  pursuant to section 189.4042, Florida Statutes, is

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  1  reestablished by this act as a special district under chapter

  2  189, Florida Statutes. The district may be dissolved by action

  3  of the state Legislature.

  4         Section 6.  AMENDMENTS TO THE CHARTER.--This act may

  5  not be amended except by action of the state Legislature.

  6         Section 7.  CONSTRUCTION OF ACT.--It is intended that

  7  the provisions of this act be liberally construed for

  8  accomplishing the purposes authorized and provided for by this

  9  act.

10         Section 8.  COMPREHENSIVE PLANNING.--Except as may

11  otherwise be required by general law, comprehensive planning

12  is not required by this act.

13         Section 9.  REPEALER.--Chapters 95-508 and 97-332, Laws

14  of Florida, are repealed.

15         Section 10.  SEVERABILITY.--If any provision of this

16  act or its application to any person or circumstance is held

17  invalid, the invalidity does not affect other provisions or

18  applications of the act which can be given effect without the

19  invalid provision or application, and to this end the

20  provisions of this act are severable.

21         Section 2.  This act shall take effect upon becoming a

22  law.

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